Vol. 77 Wednesday, No. 201 October 17, 2012
Pages 63711–64022
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 77, No. 201
Wednesday, October 17, 2012
Bureau of Consumer Financial Protection Electrically Operated Toys and Children’s Articles, NOTICES 63799–63800 Agency Information Collection Activities; Proposals, Omnidirectional Citizens Band Base Station Antennas, Submissions, and Approvals, 63798–63799 63800 Safety Standard for Automatic Residential Garage Door Centers for Medicare & Medicaid Services Operators, 63800 RULES Safety Standard for Walk-Behind Power Lawn Mowers; Medicare Program: Correction, 63800 Hospital Inpatient Prospective Payment Systems for Provisional Acceptances of Settlement Agreements and Acute Care Hospitals and the Long Term Care Orders: Hospital Prospective Payment System and Fiscal Aqua-Leisure Industries, Inc., 63801–63803 Year 2013 Rates; Hospitals’ Resident Caps for Graduate Medical Education Payment Purposes; etc., Defense Department 63751–63753 NOTICES Agency Information Collection Activities; Proposals, Children and Families Administration Submissions, and Approvals: NOTICES Federal Acquisition Regulation; Indirect Cost Rates, Awards of Single-Source Program Expansion Supplements: 63804 Pathways to Responsible Fatherhood Grants, 63836– Federal Acquisition Regulation; Pollution Prevention and 63837 Right-to-Know Information, 63803–63804 Single-Source Program Expansion Supplement Award: Federal Acquisition Regulation; Service Contracting, Community-Centered Responsible Fatherhood Ex- 63805 Prisoner Reentry Pilot Project Grantee, 63837 Meetings: Defense Legal Policy Board, 63806 Coast Guard Defense Military Family Readiness Council, 63805–63806 RULES Drawbridge Operations: Drug Enforcement Administration Atlantic Intracoastal Waterway, Newport River, Morehead PROPOSED RULES City, NC, 63725–63727 Schedules of Controlled Substances: Old River, Orwood, CA, 63725 Placement of Methylone into Schedule I, 63766–63771 Schuylkill River, Philadelphia, PA, 63727–63729 Fixed and Moving Safety Zones: Around USACE Bank Grading Units, Mat Sinking Unit, Employment and Training Administration and M/V Harrison and M/V William James, 63729– NOTICES 63732 Amended Certifications Regarding Eligibility to Apply for Safety Zones: Worker Adjustment Assistance: Bridge Demolition Project; Indiana Harbor Canal, East Alternative Management Resources, Inc., Doepker Group, Chicago, IN, 63732–63734 Inc., et al., Findlay, OH, 63872–63873 Security Zones: Birds Eye Foods, LLC, Fulton, NY, 63874 James River, Kingsmill Resort, Williamsburg, VA, 63734– Heartland Bakery Co., LLC, Du Quoin, IL, 63873 63736 Johnson Controls, Inc., et al., Hudson, WI, 63873 Special Local Regulations: Determinations Regarding Eligibility to Apply for Worker 2012 Ironman 70.3 Miami, Biscayne Bay; Miami, FL, Adjustment Assistance, 63874–63876 63720–63722 Investigations Regarding Eligibility to Apply for Worker Palm Beach World Championship, Atlantic Ocean; Adjustment Assistance, 63876–63877 Jupiter, FL, 63722–63725 NOTICES Energy Department Meetings: See Federal Energy Regulatory Commission Facility Security Officer Training Requirements; NOTICES Correction, 63849 Applications: National Offshore Safety Advisory Committee, 63849– Southern LNG Co., L.L.C.; Long-Term Authorization to 63850 Export Liquefied Natural Gas Produced from Domestic Natural Gas Resources, etc., 63806–63809 Commerce Department See International Trade Administration Environmental Protection Agency See National Oceanic and Atmospheric Administration RULES Approvals and Promulgations of Air Quality Consumer Product Safety Commission Implementation Plans: NOTICES West Virginia; Prevention of Significant Deterioration, Agency Information Collection Activities; Proposals, 63736–63743 Submissions, and Approvals: Pesticide Tolerances: Children’s Sleepwear, 63799 Buprofezin, 63745–63751
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Revisions to the California State Implementation Plan: FFP Solia 6 Hydroelectric, LLC, 63811–63812 Sacramento Metropolitan Air Quality Management Meetings: District, 63743–63745 Vote, Explanation of Action Closing Meeting and List of PROPOSED RULES Persons to Attend, 63812–63813 Receipts of Pesticide Petitions Filed for Residues of Petitions for Declaratory Orders: Pesticide Chemicals in or on a Commodity, 63782– Sunoco Pipeline L.P., 63813 63783 Requests for Temporary Waivers of Tariff Filing and Revisions to the California State Implementation Plan: Reporting Requirements: Sacramento Metropolitan Air Quality Management Tesoro High Plains Pipeline Co., LLC, 63813 Districts, 63781–63782 NOTICES Federal Maritime Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agreements Filed, 63832 Thirty-Seven Proposed Information Collection Requests, 63813–63827 Federal Reserve System Cancellation of Pesticides for Non-Payment of Year 2012 NOTICES Registration Maintenance Fees; Correction, 63827 Changes in Bank Control: Nominations of Experts for Clean Air Scientific Advisory Acquisitions of Shares of a Bank or Bank Holding Committee: Company, 63832–63833 Oxides of Nitrogen Primary National Ambient Air Quality Formations of, Acquisitions by, and Mergers of Bank Standards Review Panel, 63827–63828 Holding Companies, 63833 Product Cancellation Order for Certain Pesticide Registrations, 63829–63831 Federal Trade Commission NOTICES Executive Office of the President Proposed Consent Agreements: See Presidential Documents Equifax Information Services LLC; Analysis of Proposed See Trade Representative, Office of United States Consent Order, 63833–63835
Export-Import Bank Fish and Wildlife Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Endangered and Threatened Wildlife and Plants: Submissions, and Approvals, 63831 Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species, 63928– Federal Aviation Administration 64018 RULES Airworthiness Directives: Food and Drug Administration Airbus Airplanes, 63716–63719 NOTICES Bombardier, Inc. Airplanes, 63711–63712 Draft Guidance for Industry and Staff; Availability: Piaggio Aero Industries S.p.A., 63712–63714 eCopy Program for Medical Device Submissions, 63837– The Boeing Company Airplanes, 63714–63716 63839 Meetings: Federal Communications Commission Cellular, Tissue and Gene Therapies Advisory RULES Committee, 63840–63841 Outage Reporting to Interconnected Voice Over Internet Endocrinologic and Metabolic Drugs Advisory Protocol Service Providers and Broadband Internet Committee, 63840 Service Providers; Extension, 63757–63758 Oncologic Drugs Advisory Committee; Cancellation, NOTICES 63839 Meetings: Vaccines and Related Biological Products Advisory Consumer Advisory Committee, 63831–63832 Committee, 63839–63840
Federal Deposit Insurance Corporation General Services Administration PROPOSED RULES NOTICES Regulatory Capital Rules: Agency Information Collection Activities; Proposals, Standardized Approach for Risk-Weighted Assets; Market Submissions, and Approvals: Discipline and Disclosure Requirements; Initial Federal Acquisition Regulation; Indirect Cost Rates, Regulatory Flexibility Analysis, 63763–63766 63804 Federal Acquisition Regulation; Pollution Prevention and Federal Emergency Management Agency Right-to-Know Information, 63803–63804 RULES Federal Acquisition Regulation; Service Contracting, Suspensions of Community Eligibility, 63753–63757 63805 Temporary Contractor Information Worksheet, 63835– Federal Energy Regulatory Commission 63836 NOTICES Combined Filings, 63809–63811 Health and Human Services Department Commissioners and Staff Attendance at FERC Author See Centers for Medicare & Medicaid Services Speaker Series Event, 63811 See Children and Families Administration License Applications: See Food and Drug Administration FFP Missouri 5, LLC; FFP Missouri 6, LLC, 63812 See Health Resources and Services Administration
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See National Institutes of Health NOTICES PROPOSED RULES Member Appointments to Senior Executive Service Influenza Viruses Containing Hemagglutinin from Goose/ Performance Review Board, 63872 Guangdong/1/96 Lineage, 63783–63785 Land Management Bureau Health Resources and Services Administration NOTICES NOTICES Filings of Plats of Surveys: Agency Information Collection Activities; Proposals, Eastern States, 63856 Submissions, and Approvals, 63841–63842 Millennium Challenge Corporation Homeland Security Department NOTICES See Coast Guard Quarterly Reports: See Federal Emergency Management Agency April 1, 2012 – June 30, 2012, 63877–63891
Indian Affairs Bureau National Aeronautics and Space Administration NOTICES NOTICES Rate Adjustments for Indian Irrigation Projects, 63850– Agency Information Collection Activities; Proposals, 63856 Submissions, and Approvals: Federal Acquisition Regulation; Indirect Cost Rates, Information Security Oversight Office 63804 NOTICES Federal Acquisition Regulation; Pollution Prevention and Meetings: Right-to-Know Information, 63803–63804 National Industrial Security Program Policy Advisory Federal Acquisition Regulation; Service Contracting, Committee, 63893 63805 Interior Department National Archives and Records Administration See Fish and Wildlife Service See Information Security Oversight Office See Indian Affairs Bureau NOTICES See Land Management Bureau Records Schedules; Availability and Request for Comments, See National Park Service 63891–63892 Internal Revenue Service National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 63921–63926 Meetings: Center for Scientific Review, 63842–63847 International Trade Administration National Cancer Institute, 63845 National Eye Institute, 63845 NOTICES National Heart, Lung, and Blood Institute, 63844 Antidumping Duty Administrative Reviews; Results, National Institute of Arthritis and Musculoskeletal and Extensions, Amendments, etc.: Skin Diseases, 63844 Grobest & I Mei Industrial (Vietnam) Co., Ltd.; Certain National Institute of Mental Health, 63847–63848 Frozen Warmwater Shrimp from Socialist Republic National Institute on Aging, 63843 of Vietnam, 63786–63787 National Institute on Drug Abuse, 63842–63844, 63846– Antidumping Duty Orders; Results, Extensions, 63847 Amendments, etc.: National Institute on Drug Abuse; Correction, 63843 Pure Magnesium in Granular Form from People’s Requests for Nominations of Scientific Experts: Republic of China, 63787–63788 Report on Carcinogens Evaluation of Pentachlorophenol, Countervailing Duty Investigations; Results, Extensions, 63848–63849 Amendments, etc.: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from People’s Republic of National Oceanic and Atmospheric Administration China, 63788–63791 RULES Determinations of Sales at Less Than Fair Value and Fisheries of the Exclusive Economic Zone Off Alaska: Determinations of Critical Circumstances: Monitoring and Enforcement Requirements in Bering Sea Crystalline Silicon Photovoltaic Cells, Whether or Not and Aleutian Islands Freezer Longline Fleet; Assembled into Modules, from People’s Republic of Correction, 63719–63720 China, 63791–63798 Magnuson–Stevens Act Provisions; Fisheries off West Coast States: Justice Department Biennial Specifications and Management Measures; See Drug Enforcement Administration Inseason Adjustments, 63758–63762 NOTICES Lodgings of Proposed Supplemental Consent Decrees: National Park Service Comprehensive Environmental Response Compensation NOTICES and Liability Act, 63871–63872 Environmental Impact Statements; Availability, etc.: Susquehanna to Roseland 500-kilovolt Transmission Labor Department Line, Appalachian National Scenic Trail, etc., 63856– See Employment and Training Administration 63871
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Nuclear Regulatory Commission Surface Transportation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Acquisition Exemptions: Submissions, and Approvals, 63893 New Jersey Transit Corp. from Norfolk Southern Railway Confirmatory Orders: Co., 63920–63921 Timothy M. Goold, 63893–63897 License Terminations: Trade Representative, Office of United States National Aeronautics and Space Administration Plum NOTICES Brook Reactor and Plum Brook Mock-Up Reactor, World Trade Organization Dispute Settlement Proceedings: 63897–63898 China – Certain Measures Affecting the Automobile and Automobile-Parts Industries, 63917–63920 Office of United States Trade Representative See Trade Representative, Office of United States Transportation Department See Federal Aviation Administration See Surface Transportation Board Postal Regulatory Commission NOTICES NOTICES Applications for Certificates of Public Convenience and New Postal Products: Necessity and Foreign Air Carrier Permits, 63920 Negotiated Service Agreement, 63898–63900 Treasury Department Postal Service See Internal Revenue Service PROPOSED RULES Implementation of Full-Service Intelligent Mail Requirements for Automation Prices, 63771–63781 Separate Parts In This Issue
Presidential Documents Part II PROCLAMATIONS Interior Department, Fish and Wildlife Service, 63928– Special Observances: 64018 National School Lunch Week (Proc. 8888), 64019–64022 Part III Securities and Exchange Commission Presidential Documents, 64019–64022 NOTICES Meetings: NYSE MKT LLC, 63900–63902 Reader Aids Meetings; Sunshine Act, 63902 Consult the Reader Aids section at the end of this page for Self-Regulatory Organizations; Proposed Rule Changes: phone numbers, online resources, finding aids, reminders, Financial Industry Regulatory Authority, Inc., 63908– and notice of recently enacted public laws. 63911 To subscribe to the Federal Register Table of Contents ICE Clear Credit LLC, 63905–63908 LISTSERV electronic mailing list, go to http:// International Securities Exchange, LLC, 63911–63914 listserv.access.gpo.gov and select Online mailing list NASDAQ OMX BX, Inc., 63903–63905 archives, FEDREGTOC-L, Join or leave the list (or change National Stock Exchange, Inc., 63914–63917 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 Proclamations: 8888...... 64021 12 CFR Proposed Rules: 324...... 63763 14 CFR 39 (4 documents) ...... 63711, 63712, 63714, 63716 15 CFR 902...... 63719 21 CFR Proposed Rules: 1308...... 63766 33 CFR 100 (2 documents) ...... 63720, 63722 117 (3 documents) ...... 63725, 63727 165 (3 documents) ...... 63729, 63732, 63734 39 CFR Proposed Rules: 111...... 63771 40 CFR 52 (2 documents) ...... 63736, 63743 180...... 63745 Proposed Rules: 52...... 63781 180...... 63782 42 CFR 412...... 63751 Proposed Rules: 73...... 63783 44 CFR 64...... 63753 47 CFR 4...... 63757 50 CFR 660...... 63758 679...... 63719 Proposed Rules: 17...... 63928
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Rules and Regulations Federal Register Vol. 77, No. 201
Wednesday, October 17, 2012
This section of the FEDERAL REGISTER 1200 New Jersey Avenue SE., • Do not add any additional burden contains regulatory documents having general Washington, DC. upon the public than was already applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: proposed in the NPRM (77 FR 43176, are keyed to and codified in the Code of July 24, 2012). Federal Regulations, which is published under Mazdak Hobbi, Aerospace Engineer, 50 titles pursuant to 44 U.S.C. 1510. Propulsion and Services Branch, ANE– Costs of Compliance 173, FAA, New York Aircraft The Code of Federal Regulations is sold by Certification Office, 1600 Stewart We estimate that this AD will affect the Superintendent of Documents. Prices of Avenue, Suite 410, Westbury, NY 83 products of U.S. registry. We also new books are listed in the first FEDERAL 11590; telephone (516) 228–7330; fax estimate that it will take about 2 work- REGISTER issue of each week. (516) 794–5531. hours per product to comply with the SUPPLEMENTARY INFORMATION: basic requirements of this AD. The average labor rate is $85 per work-hour. DEPARTMENT OF TRANSPORTATION Discussion Required parts will cost about $0 per product. Where the service information Federal Aviation Administration We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR lists required parts costs that are covered under warranty, we have 14 CFR Part 39 part 39 to include an AD that would apply to the specified products. That assumed that there will be no charge for NPRM was published in the Federal these parts. As we do not control [Docket No. FAA–2012–0722; Directorate warranty coverage for affected parties, Identifier 2011–NM–188–AD; Amendment Register on July 24, 2012 (77 FR 43176). 39–17214; AD 2012–20–08] That NPRM proposed to correct an some parties may incur costs higher unsafe condition for the specified than estimated here. Based on these RIN 2120–AA64 products. The Mandatory Continuing figures, we estimate the cost of this AD Airworthiness Information (MCAI) to the U.S. operators to be $14,110 or Airworthiness Directives; Bombardier, states: $170 per product. Inc. Airplanes There have been several reports of AC Authority for This Rulemaking AGENCY: Federal Aviation Generator failures in-service. The root cause has been attributed to an incomplete fusion Title 49 of the United States Code Administration (FAA), Department of specifies the FAA’s authority to issue Transportation (DOT). in the weld joint of the AC Generator rotor band assembly. If not rectified, the rotor band rules on aviation safety. Subtitle I, ACTION: Final rule. may fail allowing the rotor windings to come section 106, describes the authority of in contact with the generator housing. The the FAA Administrator. ‘‘Subtitle VII: SUMMARY: We are adopting a new resulting debris could contaminate and Aviation Programs,’’ describes in more airworthiness directive (AD) for certain potentially block the engine oil scavenge detail the scope of the Agency’s Bombardier, Inc. Model DHC–8–400 system, leading to loss of oil pressure and an authority. series airplanes. This AD was prompted in-flight shutdown of the engine. We are issuing this rulemaking under Bombardier has issued Service Bulletin by reports of alternating current (AC) the authority described in ‘‘Subtitle VII, generator failures in-service due to (SB) 84–24–45 to inspect, [replace with modified or new AC generator] and re- Part A, Subpart III, Section 44701: incomplete fusion in the weld joint of General requirements.’’ Under that the rotor band assembly. This AD identify the affected AC generators to a new part number (P/N) 1152218–6 unit in order section, Congress charges the FAA with requires inspecting the AC generator to to rectify the problem and ensure integrity of promoting safe flight of civil aircraft in determine the part number, and the affected units. air commerce by prescribing regulations replacing the AC generator if necessary. for practices, methods, and procedures We are issuing this AD to prevent rotor You may obtain further information by examining the MCAI in the AD docket. the Administrator finds necessary for windings from coming in contact with safety in air commerce. This regulation the generator housing, which could Comments is within the scope of that authority result in debris contaminating and We gave the public the opportunity to because it addresses an unsafe condition potentially blocking the engine oil participate in developing this AD. We that is likely to exist or develop on scavenge system, leading to loss of oil received no comments on the NPRM (77 products identified in this rulemaking pressure and an in-flight shutdown of FR 43176, July 24, 2012) or on the action. the engine. determination of the cost to the public. DATES: This AD becomes effective Regulatory Findings November 21, 2012. Conclusion We determined that this AD will not The Director of the Federal Register We reviewed the available data and have federalism implications under approved the incorporation by reference determined that air safety and the Executive Order 13132. This AD will of a certain publication listed in this AD public interest require adopting the AD not have a substantial direct effect on as of November 21, 2012. as proposed—except for minor editorial the States, on the relationship between ADDRESSES: You may examine the AD changes. We have determined that these the national government and the States, docket on the Internet at http:// minor changes: or on the distribution of power and www.regulations.gov or in person at the • Are consistent with the intent that responsibilities among the various U.S. Department of Transportation, was proposed in the NPRM (77 FR levels of government. Docket Operations, M–30, West 43176, July 24, 2012) for correcting the For the reasons discussed above, I Building Ground Floor, Room W12–140, unsafe condition; and certify that this AD:
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1. Is not a ‘‘significant regulatory part number (P/N) 1152218–3, 1152218–4 or use these actions if they are FAA-approved. action’’ under Executive Order 12866; 1152218–5 installed. Corrective actions are considered FAA- approved if they are approved by the State 2. Is not a ‘‘significant rule’’ under the (d) Subject DOT Regulatory Policies and Procedures of Design Authority (or their delegated Air Transport Association (ATA) of agent). You are required to assure the product (44 FR 11034, February 26, 1979); America Code 24: Electrical Power. is airworthy before it is returned to service. 3. Will not affect intrastate aviation in Alaska; and (e) Reason (j) Related Information 4. Will not have a significant This AD was prompted by reports of AC Refer to MCAI Canadian Airworthiness economic impact, positive or negative, generator failures in-service due to Directive CF–2011–22, dated July 13, 2011; on a substantial number of small entities incomplete fusion in the weld joint of the and Bombardier Service Bulletin 84–24–45, under the criteria of the Regulatory rotor band assembly. We are issuing this AD dated January 13, 2011; for related to prevent rotor windings from coming in information. Flexibility Act. contact with the generator housing, which We prepared a regulatory evaluation could result in debris contaminating and (k) Material Incorporated by Reference of the estimated costs to comply with potentially blocking the engine oil scavenge (1) The Director of the Federal Register this AD and placed it in the AD docket. system, leading to loss of oil pressure and an approved the incorporation by reference in-flight shutdown of the engine. Examining the AD Docket (IBR) of the service information listed in this (f) Compliance paragraph under 5 U.S.C. 552(a) and 1 CFR You may examine the AD docket on part 51. the Internet at http:// You are responsible for having the actions (2) You must use this service information www.regulations.gov; or in person at the required by this AD performed within the as applicable to do the actions required by compliance times specified, unless the this AD, unless the AD specifies otherwise. Docket Operations office between 9 a.m. actions have already been done. and 5 p.m., Monday through Friday, (i) Bombardier Service Bulletin 84–24–45, (g) Inspection and Replacement dated January 13, 2011. except Federal holidays. The AD docket (ii) Reserved. Within 6,000 flight hours or 36 months contains the NPRM (77 FR 43176, July (3) For service information identified in after the effective date of this AD, whichever 24, 2012), the regulatory evaluation, any this AD, contact Bombardier, Inc., Q-Series occurs first: Inspect the left and right AC comments received, and other Technical Help Desk, 123 Garratt Boulevard, generators to determine if the AC generator information. The street address for the Toronto, Ontario M3K 1Y5, Canada; has a part number identified in step 3.B.(2) telephone 416–375–4000; fax 416–375–4539; Docket Operations office (telephone of the Accomplishment Instructions of email [email protected]; (800) 647–5527) is in the ADDRESSES Bombardier Service Bulletin 84–24–45, dated Internet http://www.bombardier.com. section. Comments will be available in January 13, 2011, or has P/N 1152218–3. If (4) You may review copies of the service the AD docket shortly after receipt. an AC generator has a part number identified in Bombardier Service Bulletin 84–24–45, information at the FAA, Transport Airplane List of Subjects in 14 CFR Part 39 dated January 13, 2011, or has P/N 1152218– Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of Air transportation, Aircraft, Aviation 3, before further flight, replace the AC generator with a modified or new AC this material at the FAA, call 425–227–1221. safety, Incorporation by reference, (5) You may view this service information Safety. generator having P/N 1152218–6, in accordance with the Accomplishment that is incorporated by reference at the National Archives and Records Adoption of the Amendment Instructions of Bombardier Service Bulletin 84–24–45, dated January 13, 2011. Administration (NARA). For information on Accordingly, under the authority the availability of this material at NARA, call delegated to me by the Administrator, (h) Parts Installation Prohibition 202–741–6030, or go to: http:// the FAA amends 14 CFR part 39 as After the effective date of this AD, no www.archives.gov/federal-register/cfr/ follows: person may install an AC generator having index.html. P/N 1152218–5, 1152218–4, or 1152218–3 on Issued in Renton, Washington, on October PART 39—AIRWORTHINESS any airplane. 4, 2012. DIRECTIVES (i) Other FAA AD Provisions Dionne Palermo, Acting Manager, Transport Airplane ■ 1. The authority citation for part 39 The following provisions also apply to this AD: Directorate, Aircraft Certification Service. continues to read as follows: (1) Alternative Methods of Compliance [FR Doc. 2012–25108 Filed 10–16–12; 8:45 am] Authority: 49 U.S.C. 106(g), 40113, 44701. (AMOCs): The Manager, New York Aircraft BILLING CODE 4910–13–P Certification Office (ACO), ANE–170, FAA, § 39.13 [Amended] has the authority to approve AMOCs for this AD, if requested using the procedures found DEPARTMENT OF TRANSPORTATION ■ 2. The FAA amends § 39.13 by adding in 14 CFR 39.19. In accordance with 14 CFR the following new AD: 39.19, send your request to your principal Federal Aviation Administration 2012–20–08 Bombardier, Inc.: Amendment inspector or local Flight Standards District Office, as appropriate. If sending information 39–17214. Docket No. FAA–2012–0722; 14 CFR Part 39 Directorate Identifier 2012–NM–188–AD. directly to the ACO, send it to ATTN: Program Manager, Continuing Operational [Docket No. FAA–2012–0755; Directorate (a) Effective Date Safety, FAA, New York ACO, 1600 Stewart Identifier 99–CE–65–AD; Amendment 39– This airworthiness directive (AD) becomes Avenue, Suite 410, Westbury, New York 17217; AD 2000–07–11 R1] effective November 21, 2012. 11590; telephone 516–228–7300; fax 516– 794–5531. Before using any approved AMOC, RIN 2120–AA64 (b) Affected ADs notify your appropriate principal inspector, None. or lacking a principal inspector, the manager Airworthiness Directives; Piaggio Aero of the local flight standards district office/ Industries S.p.A. (c) Applicability certificate holding district office. The AMOC This AD applies to Bombardier, Inc. Model approval letter must specifically reference AGENCY: Federal Aviation DHC–8–400, –401, and –402 airplanes; this AD. Administration (FAA), Department of certificated in any category; serial numbers (2) Airworthy Product: For any Transportation (DOT). 4001 through 4338 inclusive, with requirement in this AD to obtain corrective ACTION: Final rule; rescission. Honeywell alternating current (AC) generator actions from a manufacturer or other source,
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SUMMARY: We are rescinding an Avanti II aeroplanes. In addition, no other or on the distribution of power and airworthiness directive (AD) for all cases of brake system bent rods have been responsibilities among the various Piaggio Aero Industries S.p.A Model P– reported, nor have any rods been replaced for levels of government. 180 airplanes. That AD was prompted damage in the P.180 fleet since that For the reasons discussed above, I occurrence. Based on the available by mandatory continuing airworthiness certify this AD: information, this is no longer considered to (1) Is not a ‘‘significant regulatory information (MCAI) issued by the be an unsafe condition. Prompted by this airworthiness authority for Italy. We determination, PAI issued Revision ZZ of SB action’’ under Executive Order 12866, issued that AD to prevent the brake 80–0107, which cancels the original SB 80– (2) Is not a ‘‘significant rule’’ under hydraulic fluid from leaking because of 0107. the DOT Regulatory Policies and the brake assembly rods contacting the For the reasons described above, this Procedures (44 FR 11034, February 26, brake valve tubing, which could result Notice is issued to cancel ENAC PA no. 1979), in the inability to adequately stop the 1999–219 dated 03 May 1999. (3) Will not affect intrastate aviation airplane during ground operations. in Alaska, and (4) Will not have a significant Since we issued that AD, we have Comments economic impact, positive or negative, determined this is no longer an unsafe We gave the public the opportunity to on a substantial number of small entities condition and that regularly scheduled participate in developing this AD. We under the criteria of the Regulatory annual inspections address this subject. received no comments on the NPRM (77 Flexibility Act. DATES: This AD is effective November FR 42454, July 19, 2012) or on the 21, 2012. determination of the cost to the public. Examining the AD Docket ADDRESSES: You may examine the AD Conclusion You may examine the AD docket on docket on the Internet at http:// the Internet at http:// We reviewed the relevant data and www.regulations.gov or in person at www.regulations.gov; or in person at the determined that rescinding the AD will Document Management Facility, U.S. Docket Management Facility between 9 not affect air safety and will reduce the Department of Transportation, Docket a.m. and 5 p.m., Monday through burden on the public. We will rescind Operations, M–30, West Building Friday, except Federal holidays. The AD the AD as proposed except for minor Ground Floor, Room W12–140, 1200 docket contains the NPRM, the editorial changes. We have determined New Jersey Avenue SE., Washington, regulatory evaluation, any comments that these minor changes: received, and other information. The DC 20590. • Are consistent with the intent that street address for the Docket Office FOR FURTHER INFORMATION CONTACT: was proposed in the NPRM (77 FR (telephone (800) 647–5527) is in the Mike Kiesov, Aerospace Safety 42454, July 19, 2012) for correcting the ADDRESSES section. Comments will be Engineer, FAA, Small Airplane unsafe condition; and Directorate, 901 Locust, Kansas City, • Do not add any additional burden available in the AD docket shortly after receipt. Missouri 64106; telephone: (816) 329– upon the public than was already 4144; fax: (816) 329–4090; email: proposed in the NPRM (77 FR 42454, List of Subjects in 14 CFR Part 39 [email protected]. July 19, 2012). Air transportation, Aircraft, Aviation SUPPLEMENTARY INFORMATION: Authority for This Rulemaking safety, Incorporation by reference, Safety. Discussion Title 49 of the United States Code We issued a notice of proposed specifies the FAA’s authority to issue Adoption of the Amendment rulemaking (NPRM) to amend 14 CFR rules on aviation safety. Subtitle I, Accordingly, under the authority part 39 by rescinding AD 2000–07–11 section 106, describes the authority of delegated to me by the Administrator, (65 FR 19305, April 11, 2000) that the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as applies to the specified products. That Aviation Programs,’’ describes in more follows: NPRM was published in the Federal detail the scope of the Agency’s Register on July 19, 2012 (77 FR 42454). authority. PART 39—AIRWORTHINESS The MCAI states: We are issuing this rulemaking under DIRECTIVES the authority described in ‘‘Subtitle VII, After a 1999 training session during which ■ conflicting inputs were given to the brake Part A, Subpart III, Section 44701: 1. The authority citation for part 39 pads between pilot and copilot, a brake General requirements.’’ Under that continues to read as follows: system rod was found deflected. The rod, in section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. this bent condition, could possibly wear and promoting safe flight of civil aircraft in damage the tubings connected to the brake air commerce by prescribing regulations § 39.13 [Amended] valves, with consequent fluid leakage. for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by Prompted by these findings, PAI issued the Administrator finds necessary for removing airworthiness directive (AD) Service Bulletin (SB) 80–0107, providing instructions for repetitive inspections of the safety in air commerce. This regulation 2000–07–11, Amendment 39–11665 (65 affected rods and tubings. As this was is within the scope of that authority FR 19305, April 11, 2000), and adding considered to be a potentially unsafe because it addresses an unsafe condition the following new AD: condition, Registro Aeronautico Italiano that is likely to exist or develop on 2000–07–11 R1 Piaggio Aero Industries (RAI), the predecessor of ENAC (Ente products identified in this rulemaking S.p.A.: Amendment 39–17217; Docket Nazionale per l’Aviazione Civile), issued action. No. FAA–2012–0755; Directorate Prescrizione di Aeronavigabilita` (PA) No. Identifier 99–CE–65–AD. 1999–219, which required the repetitive Regulatory Findings (a) Effective Date inspections as detailed in PAI SB 80–0107 We determined that this AD will not and, depending on findings, replacement of have federalism implications under This airworthiness directive (AD) becomes rod or tubing. effective November 21, 2012. Since that AD was issued, the repetitive Executive Order 13132. This AD will inspections of SB 80–0107 have been not have a substantial direct effect on (b) Affected ADs included as regular tasks into the the States, on the relationship between This AD rescinds AD 2000–07–11 (65 FR maintenance schedule of both Avanti and the national government and the States, 19305, April 11, 2000).
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(c) Applicability aft attach lugs for the elevator tab 6490; fax: (425) 917–6590; email: This AD applies to Piaggio Aero Industries control mechanism, which could result [email protected]. S.p.A. Model P–180 airplanes, all serial in elevator and tab vibration. SUPPLEMENTARY INFORMATION: numbers, certificated in any category. Consequent structural failure of the (d) Subject elevator or horizontal stabilizer could Discussion result in loss of structural integrity and Joint Aircraft System Component (JASC)/ We issued a notice of proposed Air Transport Association (ATA) of America loss of airplane control. rulemaking (NPRM) to amend 14 CFR Code 32; Landing Gear. DATES: This AD is effective November part 39 to include an AD that would Issued in Kansas City, Missouri, on 21, 2012. apply to the specified products. That October 9, 2012. The Director of the Federal Register NPRM published in the Federal approved the incorporation by reference Earl Lawrence Register on August 1, 2012 (77 FR of a certain publication listed in the AD 45513). That NPRM proposed to require, Manager, Small Airplane Directorate, Aircraft as of November 21, 2012. Certification Service. for certain airplanes, repetitive ADDRESSES: [FR Doc. 2012–25254 Filed 10–16–12; 8:45 am] For service information inspections for any discrepancies (such identified in this AD, contact Boeing BILLING CODE 4910–13–P as a gap or a loose spacer) of the aft Commercial Airplanes, Attention: Data attach lugs for the elevator tab control & Services Management, P.O. Box 3707, mechanism, and replacement if DEPARTMENT OF TRANSPORTATION MC 2H–65, Seattle, WA 98124–2207; necessary; and, for other airplanes, telephone 206–544–5000, extension 1; contacting the FAA for inspection or Federal Aviation Administration fax 206–766–5680; Internet https:// repair instructions and doing the work www.myboeingfleet.com. You may specified in those instructions. 14 CFR Part 39 review copies of the referenced service information at the FAA, Transport Comments [Docket No. FAA–2012–0801; Directorate Identifier 2012–NM–106–AD; Amendment Airplane Directorate; 1601 Lind Avenue We gave the public the opportunity to 39–17212; AD 2012–20–06] SW., Renton, WA. For information on participate in developing this AD. We the availability of this material at the have considered the comment received. RIN 2120–AA64 FAA, call 425–227–1221. Boeing supports the NPRM (77 FR 45513, August 1, 2012). Airworthiness Directives; The Boeing Examining the AD Docket Company Airplanes You may examine the AD docket on Conclusion AGENCY: Federal Aviation the Internet at http:// We reviewed the relevant data, Administration (FAA), DOT. www.regulations.gov; or in person at the considered the comments received, and Docket Management Facility between 9 ACTION: Final rule. determined that air safety and the a.m. and 5 p.m., Monday through public interest require adopting the AD SUMMARY: We are adopting a new Friday, except Federal holidays. The AD as proposed except for minor editorial airworthiness directive (AD) for certain docket contains this AD, the regulatory changes. We have determined that these The Boeing Company Model 737–200 evaluation, any comments received, and minor changes: and –200C series airplanes. This AD other information. The address for the • Are consistent with the intent that was prompted by a report of elevator Docket Office (phone: 800–647–5527) is was proposed in the NPRM (77 FR vibration and bearing swage failures. Document Management Facility, U.S. 45513, August 1, 2012) for correcting This AD requires, for certain airplanes, Department of Transportation, Docket the unsafe condition; and repetitive inspections for any Operations, M–30, West Building • Do not add any additional burden discrepancies (such as a gap or a loose Ground Floor, Room W12–140, 1200 upon the public than was already spacer) of the aft attach lugs for the New Jersey Avenue SE., Washington, proposed in the NPRM (77 FR 45513, elevator tab control mechanism, and DC 20590. August 1, 2012). replacement if necessary; and, for other FOR FURTHER INFORMATION CONTACT: Costs of Compliance airplanes, contacting the FAA for Kelly McGuckin, Aerospace Engineer, inspection or repair instructions and Systems and Equipment Branch, ANM– We estimate that this AD affects 200 doing the work specified in those 130S, FAA, Seattle Aircraft Certification airplanes of U.S. registry. instructions. We are issuing this AD to Office, 1601 Lind Avenue SW., Renton, We estimate the following costs to detect and correct discrepancies in the WA 98057–3356; phone: (425) 917– comply with this AD:
ESTIMATED COSTS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
Inspection for Group 2 air- 7 work-hours × $85 per hour $0 $595 per inspection cycle ...... $119,000 per inspection planes. = $595 per inspection cycle. cycle.
For Group 1 airplanes, we do not have We estimate the following costs to do determining the number of aircraft that definitive data that would enable us to any necessary replacements that would might need these replacements: provide cost estimates for the action be required based on the results of the specified in this AD. inspection. We have no way of
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ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replacement of a mechanism ...... 7 work-hours × $85 per hour = $595 ...... $29,289 $29,884
Authority for This Rulemaking PART 39—AIRWORTHINESS (h) Inspection for Group 2 Airplanes Title 49 of the United States Code DIRECTIVES For Group 2 airplanes as identified in Boeing Alert Service Bulletin 737–27A1302, specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 dated April 24, 2012: Within 1,500 flight rules on aviation safety. Subtitle I, cycles or 2,000 flight hours after the effective section 106, describes the authority of continues to read as follows: date of this AD, whichever occurs first, do a the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. detailed inspection for any discrepancies of Aviation Programs, describes in more the inboard and outboard aft attach lugs of detail the scope of the Agency’s § 39.13 [Amended] the left and right elevator tab control authority. mechanisms, in accordance with the ■ 2. The FAA amends § 39.13 by adding Accomplishment Instructions of Boeing Alert We are issuing this rulemaking under the following new airworthiness Service Bulletin 737–27A1302, dated April the authority described in Subtitle VII, directive (AD): 24, 2012. Repeat the detailed inspection Part A, Subpart III, Section 44701: thereafter at intervals not to exceed 1,500 ‘‘General requirements.’’ Under that 2012–20–06 The Boeing Company: flight cycles or 2,000 flight hours, whichever section, Congress charges the FAA with Amendment 39–17212; Docket No. occurs first. promoting safe flight of civil aircraft in FAA–2012–0801; Directorate Identifier 2012–NM–106–AD. (i) Corrective Actions for Paragraph (h) of air commerce by prescribing regulations This AD (a) Effective Date for practices, methods, and procedures If any discrepancy is found during any the Administrator finds necessary for This AD is effective November 21, 2012. inspection required by paragraph (h) of this safety in air commerce. This regulation (b) Affected ADs AD, before further flight, replace the is within the scope of that authority discrepant elevator tab control mechanism because it addresses an unsafe condition None. with a non-discrepant mechanism by doing that is likely to exist or develop on (c) Applicability the actions specified in paragraphs (i)(1) and (i)(2) of this AD. products identified in this rulemaking This AD applies to The Boeing Company action. (1) Do a detailed inspection for Model 737–200 and –200C series airplanes, discrepancies of the replacement elevator tab Regulatory Findings certificated in any category; as identified in control mechanism; and, if no discrepancy is Boeing Alert Service Bulletin 737–27A1302, found, before further flight, install the This AD will not have federalism dated April 24, 2012. replacement elevator tab control mechanism; implications under Executive Order (d) Subject in accordance with the Accomplishment 13132. This AD will not have a Instructions of Boeing Alert Service Bulletin substantial direct effect on the States, on Joint Aircraft System Component (JASC)/ 737–27A1302, dated April 24, 2012. If any the relationship between the national Air Transport Association (ATA) of America discrepancy is found in that mechanism, Code 27, Flight Controls. government and the States, or on the then that mechanism may not be installed. distribution of power and (e) Unsafe Condition (2) Repeat the inspection on the installed replacement elevator tab control mechanism responsibilities among the various This AD was prompted by a report of in accordance with the requirements of levels of government. elevator vibration and bearing swage failures. paragraph (h) of this AD. For the reasons discussed above, I We are issuing this AD to detect and correct certify that this AD: discrepancies in the aft attach lugs for the (j) Inspection Report (1) Is not a ‘‘significant regulatory elevator tab control mechanism, which could Submit a report of the findings (both action’’ under Executive Order 12866, result in elevator and tab vibration. positive and negative) of the initial Consequent structural failure of the elevator inspection required by paragraph (h) of this (2) Is not a ‘‘significant rule’’ under or horizontal stabilizer could result in loss of AD to Boeing Commercial Airlines Group, DOT Regulatory Policies and Procedures structural integrity and loss of airplane Attention: Manager, Airline Support, email: (44 FR 11034, February 26, 1979), control. [email protected]; at the applicable (3) Will not affect intrastate aviation time specified in paragraph (j)(1) or (j)(2) of (f) Compliance in Alaska, and this AD. The report must include the (4) Will not have a significant Comply with this AD within the inspection results, a description of any economic impact, positive or negative, compliance times specified, unless already discrepancies found, the airplane serial done. on a substantial number of small entities number, and the number of landings and (g) Actions for Group 1 Airplanes flight hours on the airplane. under the criteria of the Regulatory (1) If the inspection was done after the Flexibility Act. For Group 1 airplanes as identified in effective date of this AD: Submit the report Boeing Alert Service Bulletin 737–27A1302, List of Subjects in 14 CFR Part 39 within 30 days after the inspection. dated April 24, 2012: Within 1,500 flight (2) If the inspection was accomplished Air transportation, Aircraft, Aviation cycles or 2,000 flight hours after the effective prior to the effective date of this AD: Submit safety, Incorporation by reference, date of this AD, whichever occurs first, the report within 30 days after the effective Safety. inspect the left and right elevator tab control date of this AD. mechanisms, and repair or replace as Adoption of the Amendment applicable, in accordance with a method (k) Parts Installation Limitations approved by the Manager, Seattle Aircraft As of the effective date of this AD, no Accordingly, under the authority Certification Office (ACO), FAA. For a repair person may install an elevator tab control delegated to me by the Administrator, method to be approved, the repair must meet mechanism assembly, part number 65– the FAA amends 14 CFR part 39 as the certification basis of the airplane, and the 79425–2, –3, –4, –5, or –6, on any airplane, follows: approval must specifically refer to this AD. unless the assembly has been inspected in
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accordance with paragraph (i) of this AD both (4) You may view this service information The Director of the Federal Register before and after installation. at FAA, Transport Airplane Directorate; 1601 approved the incorporation by reference Lind Avenue SW., Renton, WA. For of a certain publication listed in this AD (l) Paperwork Reduction Act Burden information on the availability of this Statement material at the FAA, call 425–227–1221. as of December 14, 2009 (74 FR 62219, A federal agency may not conduct or (5) You may view this service information November 27, 2009). sponsor, and a person is not required to that is incorporated by reference at the The Director of the Federal Register respond to, nor shall a person be subject to National Archives and Records approved the incorporation by reference a penalty for failure to comply with a Administration (NARA). For information on of certain other publications listed in collection of information subject to the the availability of this material at NARA, call requirements of the Paperwork Reduction 202–741–6030, or go to: http:// this AD as of August 28, 2007 (72 FR Act unless that collection of information www.archives.gov/federal-register/cfr/ibr- 40222, July 24, 2007). locations.html. displays a current valid OMB Control ADDRESSES: You may examine the AD Number. The OMB Control Number for this Issued in Renton, Washington, on docket on the Internet at http:// information collection is 2120–0056. Public September 28, 2012. reporting for this collection of information is www.regulations.gov or in person at the estimated to be approximately 5 minutes per Ali Bahrami, U.S. Department of Transportation, response, including the time for reviewing Manager, Transport Airplanes Directorate, Docket Operations, M–30, West instructions, completing and reviewing the Aircraft Certification Service. Building Ground Floor, Room W12–140, collection of information. All responses to [FR Doc. 2012–24949 Filed 10–16–12; 8:45 am] 1200 New Jersey Avenue SE., this collection of information are mandatory. BILLING CODE 4910–13–P Washington, DC. Comments concerning the accuracy of this burden and suggestions for reducing the FOR FURTHER INFORMATION CONTACT: burden should be directed to the FAA at: 800 DEPARTMENT OF TRANSPORTATION Sanjay Ralhan, Aerospace Engineer, Independence Ave. SW., Washington, DC International Branch, ANM–116, 20591, Attn: Information Collection Federal Aviation Administration Transport Airplane Directorate, FAA, Clearance Officer, AES–200. 1601 Lind Avenue SW., Renton, WA (m) Alternative Methods of Compliance 14 CFR Part 39 98057–3356; telephone (425) 227–1405; (AMOCs) fax (425) 227–1149. [Docket No. FAA–2012–0493; Directorate (1) The Manager, Seattle ACO, FAA, has Identifier 2011–NM–180–AD; Amendment SUPPLEMENTARY INFORMATION: the authority to approve AMOCs for this AD, 39–17213; AD 2012–20–07] if requested using the procedures found in 14 Discussion CFR 39.19. In accordance with 14 CFR 39.19, RIN 2120–AA64 send your request to your principal inspector We issued a notice of proposed or local Flight Standards District Office, as Airworthiness Directives; Airbus rulemaking (NPRM) to amend 14 CFR appropriate. If sending information directly Airplanes part 39 to include an AD that would to the manager of the ACO, send it to the apply to the specified products. That attention of the person identified in the AGENCY: Federal Aviation Related Information section of this AD. Administration (FAA), Department of NPRM was published in the Federal Information may be emailed to: 9-ANM- Transportation (DOT). Register on May 31, 2012 (77 FR 32060), [email protected]. ACTION: Final rule. and proposed to supersede AD 2007– (2) Before using any approved AMOC, 15–06 R1, Amendment 39–16097 (74 FR notify your appropriate principal inspector, SUMMARY: We are superseding an 62219, November 27, 2009). That NPRM or lacking a principal inspector, the manager existing airworthiness directive (AD) for proposed to correct an unsafe condition of the local flight standards district office/ all Airbus Model A318–111 and –112 for the specified products. The MCAI certificate holding district office. airplanes; and all Model A319, A320, states: (n) Related Information and A321 series airplanes. That AD The airworthiness limitations are currently For more information about this AD, currently requires revising the published in the Airbus A318/A319/A320/ contact Kelly McGuckin, Aerospace Airworthiness Limitations Section A321 Airworthiness Limitations Section Engineer, Systems and Equipment Branch, (ALS) of the Instructions for Continued (ALS). ANM–130S, FAA, Seattle Aircraft Airworthiness to incorporate new The Fuel Airworthiness Limitations (FAL) Certification Office, 1601 Lind Avenue SW., limitations for fuel tank systems. This are specified in Airbus A318/A319/A320/ Renton, WA 98057–3356; phone: (425) 917– new AD requires revising the A321 FAL Document reference 95A.1931/05, 6490; fax: (425) 917–6590; email: maintenance program to incorporate which is approved by the European Aviation [email protected]. revised fuel maintenance and inspection Safety Agency (EASA) and referenced in the (o) Material Incorporated by Reference tasks, and adds airplanes to the Airbus A318/A319/A320/A321 ALS Part 5. The issue 4 of Airbus A318/A319/A320/ (1) The Director of the Federal Register applicability. This AD was prompted by approved the incorporation by reference Airbus issuing more restrictive A321 FAL Document introduces more restrictive maintenance requirements and/or (IBR) of the service information listed in this maintenance requirements and/or airworthiness limitations. Failure to comply paragraph under 5 U.S.C. 552(a) and 1 CFR airworthiness limitations. We are part 51. with these more restrictive maintenance issuing this AD to prevent the potential requirements and airworthiness limitations (2) You must use this service information of ignition sources inside fuel tanks, as applicable to do the actions required by contained in this document constitutes an this AD, unless the AD specifies otherwise. which, in combination with flammable unsafe condition. (i) Boeing Alert Service Bulletin 737– fuel vapors, could result in a fuel tank This [EASA] AD retains the requirement of 27A1302, dated April 24, 2012. explosion and consequent loss of the EASA AD 2006–0203, which is superseded, (ii) Reserved. airplane. and requires the implementation of the new (3) For service information identified in or more restrictive maintenance requirements DATES: This AD becomes effective this AD, contact Boeing Commercial and/or airworthiness limitations as specified Airplanes, Attention: Data & Services November 21, 2012. in Airbus A318/A319/A320/A321 FAL Management, P.O. Box 3707, MC 2H–65, The Director of the Federal Register Document issue 4. Seattle, WA 98124–2207; telephone 206– approved the incorporation by reference 544–5000, extension 1; fax 206–766–5680; of a certain publication listed in this AD You may obtain further information by Internet https://www.myboeingfleet.com. as of November 21, 2012. examining the MCAI in the AD docket.
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Comments proposed in the NPRM (77 FR 32060, 4. Will not have a significant We gave the public the opportunity to May 31, 2012). economic impact, positive or negative, on a substantial number of small entities participate in developing this AD. We Costs of Compliance under the criteria of the Regulatory have considered the comments received. We estimate that this AD will affect Flexibility Act. Support for the NPRM (77 FR 32060, about 745 products of U.S. registry. We prepared a regulatory evaluation May 31, 2012) The actions that are required by AD of the estimated costs to comply with this AD and placed it in the AD docket. US Airways stated it supports the 2007–15–06 R1, Amendment 39–16097 intent of the NPRM (77 FR 32060, May (74 FR 62219, November 27, 2009), and Examining the AD Docket 31, 2012). retained in this AD take about 2 work- hours per product, at an average labor You may examine the AD docket on Request To Delay Release of the Final rate of $85 per work-hour. Based on the Internet at http:// Rule these figures, the estimated cost of the www.regulations.gov; or in person at the currently required actions is $170 per Docket Operations office between 9 a.m. US Airways requested that we and 5 p.m., Monday through Friday, postpone the release of the final rule product. We estimate that it will take about 2 except Federal holidays. The AD docket until Airbus revises Airbus A318/A319/ contains the NPRM (77 FR 32060, May work-hours per product to comply with A320/A321 ALS Part 5—Fuel 31, 2012), the regulatory evaluation, any the new basic requirements of this AD. Airworthiness Limitations, dated comments received, and other The average labor rate is $85 per work- February 28, 2006, as defined in Airbus information. The street address for the hour. Based on these figures, we A318/A319/A320/A321 Fuel Docket Operations office (telephone estimate the cost of this AD to the U.S. Airworthiness Limitations, Document (800) 647–5527) is in the ADDRESSES operators to be $126,650, or $170 per 95A.1931/05, Issue 1, dated December section. Comments will be available in product. 19, 2005 (approved by EASA on March the AD docket shortly after receipt. 14, 2006), Section 1, ‘‘Maintenance/ Authority for This Rulemaking Inspection Tasks,’’ to delete Task List of Subjects in 14 CFR Part 39 470000–05–1. US Airways stated that, if Title 49 of the United States Code Air transportation, Aircraft, Aviation Task 470000–05–1 is not deleted, the specifies the FAA’s authority to issue safety, Incorporation by reference, recurring maintenance cost will rules on aviation safety. Subtitle I, Safety. substantially increase as the air section 106, describes the authority of Adoption of the Amendment separation module (ASM) will have to the FAA Administrator. ‘‘Subtitle VII: be replaced at a cost of $27,000 every Aviation Programs,’’ describes in more Accordingly, under the authority 4,000 flight hours. detail the scope of the Agency’s delegated to me by the Administrator, We disagree with the request to delay authority. the FAA amends 14 CFR part 39 as release of this AD, since we have We are issuing this rulemaking under follows: determined that an unsafe condition the authority described in ‘‘Subtitle VII, exists and any delay in releasing Part A, Subpart III, Section 44701: PART 39—AIRWORTHINESS mitigation actions might not be in the General requirements.’’ Under that DIRECTIVES interest of ensuring the safety of the section, Congress charges the FAA with ■ promoting safe flight of civil aircraft in 1. The authority citation for part 39 United States fleet. ALS Task 470000– continues to read as follows: 05–1 does not require replacement of air commerce by prescribing regulations the ASM every 4,000 flight hours, for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. although it does require operators to the Administrator finds necessary for § 39.13 [Amended] return the ASM to the vendor for a safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by workshop check. Airbus stated in their is within the scope of that authority removing airworthiness directive (AD) electronic mail referenced in US because it addresses an unsafe condition 2007–15–06 R1, Amendment 39–16097 Airways’ comment that it needs to do that is likely to exist or develop on (74 FR 62219, November 27, 2009), and some design changes (software change) products identified in this rulemaking adding the following new AD: before it can revise ALS Task 470000– action. 05–1. Therefore, operators may apply Regulatory Findings 2012–20–07 Airbus: Amendment 39–17213. for an alternative method of compliance Docket No. FAA–2012–0493; Directorate (AMOC) as specified by paragraph (l) of We determined that this AD will not Identifier 2011–NM–180–AD. the AD if ALS Task 470000–05–1 is have federalism implications under (a) Effective Date revised in the future. Executive Order 13132. This AD will This airworthiness directive (AD) becomes not have a substantial direct effect on effective November 21, 2012. Conclusion the States, on the relationship between (b) Affected ADs We reviewed the available data, the national government and the States, including the comments received, and or on the distribution of power and This AD supersedes AD 2007–15–06 R1, responsibilities among the various Amendment 39–16097 (74 FR 62219, determined that air safety and the November 27, 2009). public interest require adopting the AD levels of government. as proposed, except for minor editorial For the reasons discussed above, I (c) Applicability changes. We have determined that these certify that this AD: (1) This AD applies to Airbus Model A318– minor changes: 1. Is not a ‘‘significant regulatory 111, –112, –121, and –122 airplanes; Model • Are consistent with the intent that action’’ under Executive Order 12866; A319–111, –112, –113, –114, –115, –131, was proposed in the NPRM (77 FR 2. Is not a ‘‘significant rule’’ under the –132, and –133 airplanes; Model A320–111, –211, –212, –214, –231, –232, and –233 32060, May 31, 2012) for correcting the DOT Regulatory Policies and Procedures airplanes; and Model A321–111, –112, –131, unsafe condition; and (44 FR 11034, February 26, 1979); –211, –212, –213, –231, and –232 airplanes; • Do not add any additional burden 3. Will not affect intrastate aviation in certificated in any category; all serial upon the public than was already Alaska; and numbers.
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(2) This AD requires revisions to certain A320/A321 Fuel Airworthiness Limitations, dated August 26, 2010, except as required in operator maintenance documents to include Document 95A.1931/05, Issue 1, dated paragraph (j)(4) of this AD. The initial new actions (e.g., inspections and/or Critical December 19, 2005; or Issue 2, dated July 8, compliance times and intervals are stated in Design Configuration Control Limitations 2008. this ALS document, except as required in (CDCCLs). Compliance with these actions is Note 1 to paragraph (g) of this AD: Airbus paragraphs (j)(1) through (j)(4) of this AD, or required by 14 CFR 91.403(c). For airplanes Operator Information Telex (OIT) SE within 6 months after the effective date of that have been previously modified, altered, 999.0076/06, dated June 20, 2006, provides this AD, whichever occurs later. For certain or repaired in the areas addressed by these guidance on identifying the applicable tasks, the compliance times depend on the inspections, the operator may not be able to sections of the Airbus A318/A319/A320/ pre-modification and post-modification accomplish the inspections described in the A321 Airplane Maintenance Manual for status of the airplane. Incorporating the revisions. In this situation, to comply with 14 accomplishing the tasks specified in Section requirements of this paragraph terminates the CFR 91.403(c), the operator must request 1 ‘‘Maintenance/Inspection Tasks,’’ of Airbus corresponding requirements of paragraphs (g) approval for an alternative method of A318/A319/A320/A321 Fuel Airworthiness and (h) of this AD. compliance (AMOC) according to paragraph Limitations, Document 95A.1931/05, Issue 1, (1) For airplanes for which the first flight (l)(1) of this AD. The request should include dated December 19, 2005; or Issue 2, dated occurred before August 28, 2007 (the a description of changes to the required July 8, 2008. effective date of AD 2007–15–06, actions that will ensure the continued Amendment 39–15135 (72 FR 40222, July 24, operational safety of the airplane. (h) Retained Revision of the ALS to 2007)), the first accomplishment of Tasks Incorporate CDCCLs 281800–01–1, Functional Check of Tank (d) Subject Vapour Seal and Vent Drain System; and This paragraph restates the requirements of 281800–02–1, Detailed Inspection of Vapour Air Transport Association (ATA) of paragraph (g) of AD 2007–15–06 R1, America Code 05, Periodic Inspections. Seal; must be performed no later than 11 Amendment 39–16097 (74 FR 62219, months after the effective date of this AD. (e) Reason November 27, 2009). For Airbus Model (2) The first accomplishment of Tasks A318–111 and –112 airplanes, and Model This AD was prompted by Airbus issuing 470000–01–1, Operational Check of Dual A319, A320, and A321 airplanes: Within 12 more restrictive maintenance requirements Flapper Shutoff Valves (DFSOV), Dual months after August 28, 2007 (the effective and/or airworthiness limitations. We are Flapper Check Valves and Nitrogen Enriched date of AD 2007–15–06, Amendment 39– issuing this AD to prevent the potential of Air (NEA) Line for Leaks; 470000–02–1, 15135 (72 FR 40222, July 24, 2007)), revise ignition sources inside fuel tanks, which, in Operational Check of Both Dual Flapper the ALS of the Instructions for Continued combination with flammable fuel vapors, Check Valves for Leaks; 470000–03–1, Airworthiness to incorporate Airbus A318/ could result in a fuel tank explosion and Operational Check of Dual Flapper Check A319/A320/A321 ALS Part 5–Fuel consequent loss of the airplane. Valves for Reverse Flow and NEA Line for Airworthiness Limitations, dated February Leaks; 470000–04–1, Operational Check of (f) Compliance 28, 2006, as defined in Airbus A318/A319/ Dual Flapper Check Valves for Reverse Flow; You are responsible for having the actions A320/A321 Fuel Airworthiness Limitations, and 470000–05–1, Remove Air Separation required by this AD performed within the Document 95A.1931/05, Issue 1, dated Module (ASM) and Return to Vendor for compliance times specified, unless the December 19, 2005 (approved by the EASA Workshop Check; must be calculated, in actions have already been done. on March 14, 2006), Section 2, ‘‘Critical accordance with paragraph (j)(2)(i) or (j)(2)(ii) Design Configuration Control Limitations’’; of this AD. (g) Retained Revision of the Airworthiness or Airbus A318/A319/A320/A321 Fuel (i) From the airplane first flight for Limitations Section (ALS) To Incorporate Airworthiness Limitations, Document airplanes on which Airbus modification Fuel Maintenance and Inspection Tasks 95A.1931/05, Issue 2, dated July 8, 2008 38062 or 38195 has been embodied in This paragraph restates the requirements of (approved by EASA on December 19, 2008), production. paragraph (f) of AD 2007–15–06 R1, Section 2, ‘‘Critical Design Configuration (ii) From the in-service installation of the Amendment 39–16097 (74 FR 62219, Control Limitations.’’ fuel tank inerting system specified in Airbus November 27, 2009). For Model A318–111 (i) Retained Requirement: No Alternative Service Bulletin A320–47–1001, Airbus Service Bulletin A320–47–1002, Airbus and –112 airplanes, and Model A319, A320, Inspections, Inspection Intervals, or CDCCLs and A321 airplanes: Within 3 months after Service Bulletin A320–47–1003, Airbus August 28, 2007 (the effective date of AD (1) This paragraph restates the Service Bulletin A320–47–1004, Airbus 2007–15–06, Amendment 39–15135 (72 FR requirements of paragraph (h) of AD 2007– Service Bulletin A320–47–1006, or Airbus 40222, July 24, 2007)), revise the ALS of the 15–06 R1, Amendment 39–16097 (74 FR Service Bulletin A320–47–1007. Instructions for Continued Airworthiness to 62219, November 27, 2009). Except as (3) Although Airbus A318/A319/A320/ incorporate Airbus A318/A319/A320/A321 provided by paragraph (l) of this AD: After A321 Fuel Airworthiness Limitations, ALS Part 5–Fuel Airworthiness Limitations, accomplishing the actions specified in Document 95A.1931/05, Issue 4, dated dated February 28, 2006, as defined in Airbus paragraphs (g) and (h) of this AD, no August 26, 2010, does not refer to Airbus A318/A319/A320/A321 Fuel Airworthiness alternative inspections, inspection intervals, Service Bulletin A320–47–1006 and Airbus Limitations, Document 95A.1931/05, Issue 1, or CDCCLs may be used. Service Bulletin A320–47–1007, the tasks dated December 19, 2005 (approved by the (2) Notwithstanding any other maintenance apply as specified in paragraphs (j)(3)(i) European Aviation Safety Agency (EASA) on or operational requirements, components that through (j)(3)(iv) of this AD. March 14, 2006), Section 1, ‘‘Maintenance/ have been identified as airworthy or installed (i) Tasks 470000–01–1, Operational Check Inspection Tasks’’; or Airbus A318/A319/ on the affected airplanes before the revision of DFSOV, Dual Flapper Check Valves and A320/A321 Fuel Airworthiness Limitations, of the ALS, as required by paragraphs (g) and NEA Line for Leaks; and 470000–02–1, Document 95A.1931/05, Issue 2, dated July 8, (h) of this AD, do not need to be reworked Operational Check of Both Dual Flapper 2008 (approved by the EASA on December in accordance with the CDCCLs. However, Check Valves for leaks; apply to airplanes 19, 2008), Section 1, ‘‘Maintenance/ once the ALS has been revised, future that have previously accomplished the Inspection Tasks.’’ For all tasks identified in maintenance actions on these components actions specified in Airbus Service Bulletin Section 1 ‘‘Maintenance/Inspection Tasks,’’ must be done in accordance with the A320–47–1007. of Airbus A318/A319/A320/A321 Fuel CDCCLs. (ii) Task 470000–03–1, Operational Check Airworthiness Limitations, Document of Dual Flapper Check Valves for Reverse 95A.1931/05, Issue 1, dated December 19, (j) New Revision of the Maintenance Flow and NEA Line for Leaks, applies to 2005; or Issue 2, dated July 8, 2008; the Program airplanes that have previously accomplished initial compliance times start from August Within 6 months after the effective date of the actions specified in Airbus Service 28, 2007 (the effective date of AD 2007–15– this AD: Revise the maintenance program to Bulletin A320–47–1006, and that have not 06), and the repetitive inspections must be incorporate the new or revised tasks, life accomplished the actions specified in Airbus accomplished thereafter at the intervals limits, and CDCCLs specified in Airbus Service Bulletin A320–47–1007. specified in Section 1, ’’Maintenance/ A318/A319/A320/A321 Fuel Airworthiness (iii) Task 470000–04–1, Operational Check Inspection Tasks,’’ of Airbus A318/A319/ Limitations, Document 95A.1931/05, Issue 4, of Dual Flapper Check Valves for Reverse
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Flow, applies to airplanes in post- (4) Replace each ASM identified in table 1 Note 2 to paragraph (g)(4) of this AD: modification 38195 configuration and that to paragraph (g)(4) of this AD in accordance Airbus A318/A319/A320/A321 Aircraft have not accomplished the actions specified with a method approved by either the Maintenance Manual Task 47–10–43–920– in Airbus Service Bulletin A320–47–1007. Manager, International Branch, ANM–116, 001–A, Air Separation Module Replacement, (iv) Task 470000–05–1, Remove ASM and Transport Airplane Directorate, FAA; or is an additional source of guidance for return to Vendor for Workshop Check, EASA (or its delegated agent). The applies to airplanes that have previously compliance time for the replacement is accomplishment of the removal and accomplished the actions specified in Airbus before the accumulation of 27,000 total flight replacement of the ASM. Service Bulletin A320–47–1007, and are in hours (component time)—i.e., the life pre-modification 151529 configuration. limitation.
TABLE 1 TO PARAGRAPH (g)(4) OF THIS AD—ASM REPLACEMENT
ASM Part Number— Affected Airplane Configuration—
2060017–101 ...... Post-modification 38062, or Post-Airbus Service Bulletin A320–47–1002, or Post-Airbus Service Bulletin A320–47–1004, or Post-Airbus Service Bulletin A320–47–1007 2060017–102 ...... Post-modification 152033, or Post-Airbus Service Bulletin A320–47–1011
(k) New Requirement: No Alternative (m) Related Information (6) For service information identified in Actions, Intervals, and/or CDCCLs Refer to MCAI EASA Airworthiness this AD, contact Airbus, Airworthiness After accomplishing the revisions required Directive 2011–0155, dated August 25, 2011, Office—EAS, 1 Rond Point Maurice Bellonte, by paragraph (j) of this AD, no alternative and the service information specified in 31707 Blagnac Cedex, France; telephone +33 actions (e.g., inspections), intervals, and/or paragraphs (m)(1) through (m)(4) of this AD, 5 61 93 36 96; fax +33 5 61 93 44 51; email CDCCLs may be used other than those for related information. [email protected]; Internet specified in Airbus A318/A319/A320/A321 (1) Airbus A318/A319/A320/A321 ALS http://www.airbus.com. ALS Part 5–Fuel Airworthiness Limitations, Part 5–Fuel Airworthiness Limitations, dated (7) You may review copies of the service dated February 28, 2006, as defined in Airbus February 28, 2006. information at the FAA, Transport Airplane A318/A319/A320/A321 Fuel Airworthiness (2) Airbus A318/A319/A320/A321 Fuel Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of Limitations, Document 95A.1931/05, Issue 4, Airworthiness Limitations, Document this material at the FAA, call 425–227–1221. dated August 26, 2010, unless the actions, 95A.1931/05, Issue 1, dated December 19, (8) You may view this service information intervals, and/or CDCCLs are approved as an 2005. that is incorporated by reference at the AMOC in accordance with the procedures (3) A318/A319/A320/A321 Fuel National Archives and Records specified in paragraph (l)(1) of this AD. Airworthiness Limitations, Document Administration (NARA). For information on 95A.1931/05, Issue 2, dated July 8, 2008. (l) Other FAA AD Provisions the availability of this material at NARA, call (4) Airbus A318/A319/A320/A321 Fuel 202–741–6030, or go to: http:// The following provisions also apply to this Airworthiness Limitations, Document www.archives.gov/federal-register/cfr/ibr- AD: 95A.1931/05, Issue 4, dated August 26, 2010. (1) Alternative Methods of Compliance locations.html. (AMOCs): The Manager, International (n) Material Incorporated by Reference Issued in Renton, Washington, on October Branch, ANM–116, has the authority to (1) The Director of the Federal Register 2, 2012. approve AMOCs for this AD, if requested approved the incorporation by reference John P. Piccola, using the procedures found in 14 CFR 39.19. (IBR) of the service information listed in this Acting Manager, Transport Airplane In accordance with 14 CFR 39.19, send your paragraph under 5 U.S.C. 552(a) and 1 CFR Directorate, Aircraft Certification Service. request to your principal inspector or local part 51. Flight Standards District Office, as (2) You must use this service information [FR Doc. 2012–24953 Filed 10–16–12; 8:45 am] appropriate. If sending information directly as applicable to do the actions required by BILLING CODE 4910–13–P to the International Branch, send it to ATTN: this AD, unless the AD specifies otherwise. Sanjay Ralhan, Aerospace Engineer, (3) The following service information was International Branch, ANM–116, Transport approved for IBR on November 21, 2012. DEPARTMENT OF COMMERCE Airplane Directorate, FAA, 1601 Lind (i) Airbus A318/A319/A320/A321 Fuel Avenue SW., Renton, WA 98057–3356; Airworthiness Limitations, Document National Oceanic and Atmospheric telephone (425) 227–1405; fax (425) 227– 95A.1931/05, Issue 4, dated August 26, 2010. 1149. Information may be emailed to: 9- (ii) Reserved. Administration [email protected]. (4) The following service information was Before using any approved AMOC, notify approved for IBR on December 14, 2009 (74 15 CFR Part 902 your appropriate principal inspector, or FR 62219, November 27, 2009). lacking a principal inspector, the manager of (i) Airbus A318/A319/A320/A321 Fuel 50 CFR Part 679 the local flight standards district office/ Airworthiness Limitations, Document certificate holding district office. The AMOC 95A.1931/05, Issue 2, dated July 8, 2008. [Docket No. 120416007–2464–01] approval letter must specifically reference (ii) Reserved. this AD. (5) The following service information was RIN 0648–BB67 (2) Airworthy Product: For any requirement approved for IBR on August 28, 2007 (72 FR in this AD to obtain corrective actions from 40222, July 24, 2007). Fisheries of the Exclusive Economic a manufacturer or other source, use these (i) Airbus A318/A319/A320/A321 Fuel Zone Off Alaska; Monitoring and actions if they are FAA-approved. Corrective Airworthiness Limitations, Document Enforcement Requirements in the actions are considered FAA-approved if they 95A.1931/05, Issue 1, dated December 19, Bering Sea and Aleutian Islands are approved by the State of Design Authority 2005. Freezer Longline Fleet; Correction (or their delegated agent). You are required (ii) Airbus A318/A319/A320/A321 ALS to assure the product is airworthy before it Part 5–Fuel Airworthiness Limitations, dated AGENCY: National Marine Fisheries is returned to service. February 28, 2006. Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA), Correction participants, participant vessels, and the Commerce. In rule document 2012–23721 general public on the navigable waters ACTION: Final rule; correction. published on September 26, 2012, (77 of the United States during the event. The special local regulation establishes SUMMARY: NMFS is correcting a final FR 59053) make the following correction: an area that will encompass the event rule that published on September 26, area. Non-participant persons and 2012, modifying equipment and 1. On page 59059, in column 1, after heading OMB Control No. 0648–0213 vessels will be prohibited from entering, operational requirements for freezer transiting through, anchoring in, or longliners (catcher/processors) named and following the paragraph, insert the following heading and text: remaining within the regulated area on License Limitation Program (LLP) unless authorized by the Captain of the licenses endorsed to catch and process ‘‘OMB Control No. 0648–0269 Port Miami or a designated Pacific cod at sea with hook-and-line representative. gear in the Bering Sea and Aleutian This final rule removes collection-of- Islands Management Area (BSAI). This information requirements subject to the DATES: This rule is effective from 6:45 final rule removes Western Alaska Paperwork Reduction Act (PRA) and a.m. until 9:45 a.m. on October 28, 2012. which have been approved by the Office Community Development Quota (CDQ) ADDRESSES: Documents indicated in this of Management and Budget (OMB) collection-of-information requirements preamble as being available in the under Control Number 0648–0269. The under OMB control number 0648–0269 docket are part of docket USCG–2012– collection-of-information requirement, for the alternative fishing plan and its 0559. To view documents mentioned in ‘‘alternative fishing plan’’ and its public public reporting burden per response of this preamble go to http:// reporting burden per response of 4 4 hours, because the alternative fishing www.regulations.gov, inserting USCG– hours, will be removed from the plan regulations are no longer 2012–0559 in the ‘‘Search’’ box, and collection because the alternative necessary. click ‘‘Search.’’ Click on the Open fishing plan regulations are no longer Docket Folder on the line associated DATES: Effective October 17, 2012, and necessary.’’ is applicable beginning October 26, with this rulemaking. You may also visit 2012. Authority: 16 U.S.C. 773 et seq.; 1801 et the Docket Management Facility in seq.; 3631 et seq.; Pub. L. 108–447; 44 U.S.C. Room W12–140 on the ground floor of FOR FURTHER INFORMATION CONTACT: 3501 et seq. the Department of Transportation West Patsy A. Bearden, 907–586–7008. Dated: October 11, 2012. Building, 1200 New Jersey Avenue SE., SUPPLEMENTARY INFORMATION: Alan D. Risenhoover, Washington, DC 20590, between 9 a.m. Need for Correction Director, Office of Sustainable Fisheries, and 5 p.m., Monday through Friday, performing the functions and duties of the except Federal holidays. In the final rule modifying equipment Deputy Assistant Administrator for FOR FURTHER INFORMATION CONTACT: If and operational requirements for freezer Regulatory Programs, National Marine longliners published September 26, Fisheries Service. you have questions on this rule, call or email Lieutenant Junior Grade Mike H. 2012, NMFS inadvertently omitted a [FR Doc. 2012–25567 Filed 10–16–12; 8:45 am] paragraph in the classification section Wu, Sector Miami Prevention BILLING CODE 3510–22–P that addresses OMB Control Number Department, Coast Guard; telephone 0648–0269 collection-of-information (305) 535–7576, email requirements associated with [email protected]. If you have regulations removed by the final rule. DEPARTMENT OF HOMELAND questions on viewing the docket, call The final rule removed the regulations SECURITY Renee V. Wright, Program Manager, at § 679.32(e)(3) that allow CDQ groups Docket Operations, telephone (202) Coast Guard to propose to NMFS an alternative 366–9826. fishing plan to use only one observer 33 CFR Part 100 SUPPLEMENTARY INFORMATION: where two are required, to sort and weigh catch by species on processor [Docket No. USCG–2012–0559] Table of Acronyms vessels, or to use larger sample sizes DHS Department of Homeland Security than those that can be collected by one RIN 1625–AA08 FR Federal Register NPRM Notice of Proposed Rulemaking observer. The final rule standardized the Special Local Regulations; 2012 observer coverage and catch monitoring Ironman 70.3 Miami, Biscayne Bay; A. Regulatory History and Information options for longline catcher/processors Miami, FL in both the CDQ and non-CDQ fisheries On July 30, 2012, we published a because the monitoring and AGENCY: Coast Guard, DHS. Notice of Proposed Rulemaking (NPRM) enforcement challenges in these ACTION: Temporary final rule. entitled USCG–2012–0559 in the fisheries are similar. Because the final Federal Register (77 FR 2012–18455). rule standardized observer coverage SUMMARY: The Coast Guard is We received no comments on the requirements between the CDQ and establishing a special local regulation on proposed rule. No public meeting was non-CDQ fisheries, the alternative the waters of Biscayne Bay, east of requested, and none was held. fishing plan regulations were no longer Bayfront Park, in Miami, Florida during B. Basis and Purpose necessary. All of the language in the the 2012 Ironman 70.3 Miami, a regulatory text and preamble text was triathlon. The Ironman 70.3 Miami is (a) The legal basis for this rule is the correct. However, the notice of the scheduled to take place on Sunday, Coast Guard’s authority to establish removal of the collection-of-information October 28, 2012. Approximately 2,500 special local regulations pursuant to: 33 requirements under the Office of participants are anticipated to U.S.C. 1233. Management and Budget control participate in the swim. No spectators (b) The purpose of the rule is to number 0648–0269 was inadvertently are expected to be present during the provide for the safety of life on omitted from the final rule. This notice event. The special local regulation is navigable waters of the United States corrects that omission. necessary to provide for the safety of the during the Ironman 70.3 Miami.
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C. Discussion of Comments, Changes, and Budget has not reviewed it under listed in the FOR FURTHER INFORMATION and the Final Rule those orders. CONTACT, above. The economic impact of this rule is The Coast Guard did not receive any Small businesses may send comments not significant for the following reasons: comments to the proposed rule, and no on the actions of Federal employees (1) The special local regulation will be changes were made to the regulatory who enforce, or otherwise determine enforced for only 3 hours; (2) non- text. compliance with, Federal regulations to participant persons and vessels may On October 28, 2012, Miami Tri the Small Business and Agriculture enter, transit through, anchor in, or Regulatory Enforcement Ombudsman Events is sponsoring the Ironman 70.3, remain within the event area if a triathlon. The swim portion of the and the Regional Small Business authorized by the Captain of the Port Regulatory Fairness Boards. The event will be held on the waters of Miami or a designated representative; Biscayne Bay, Miami, Florida. Ombudsman evaluates these actions (3) non-participant persons and vessels annually and rates each agency’s Approximately 2,500 participants are not authorized by the Captain of the anticipated to participate in the event. responsiveness to small business. If you Port Miami or designated representative wish to comment on actions by No spectator vessels are expected during to enter, transit through, anchor in, or the event. employees of the Coast Guard, call 1– remain within the event area may 888–REG–FAIR (1–888–734–3247). The The temporary final rule establishes a operate in the surrounding area during special local regulation that will Coast Guard will not retaliate against the enforcement periods; and (4) the small entities that question or complain encompass certain waters of Biscayne Coast Guard will provide advance Bay, Miami, Florida. The special local about this rule or any policy or action notification of the special local of the Coast Guard. regulation will be enforced from 6:45 regulation to the local maritime a.m. until 9:45 a.m. on October 28, 2012. community by Local Notice to Mariners 4. Collection of Information The special local regulation will and Broadcast Notice to Mariners. This rule calls for no new collection establish an area around the event 2. Impact on Small Entities of information under the Paperwork where all non-participant persons and Reduction Act of 1995 (44 U.S.C. 3501– vessels are prohibited from entering, The Regulatory Flexibility Act of 1980 3520). transiting though, anchoring in, or (RFA), 5 U.S.C. 601–612, as amended, remaining within. Persons and vessels requires federal agencies to consider the 5. Federalism may request authorization to enter, potential impact of regulations on small A rule has implications for federalism transit through, anchor in, or remain entities during rulemaking. The term under Executive Order 13132, within the regulated area by contacting ‘‘small entities’’ comprises small Federalism, if it has a substantial direct the Captain of the Port Miami via businesses, not-for-profit organizations effect on the States, on the relationship telephone at (305) 535–4472, or a that are independently owned and between the national government and designated representative via VHF radio operated and are not dominant in their the States, or on the distribution of on channel 16. If authorization to enter, fields, and governmental jurisdictions power and responsibilities among the transit through, anchor in, or remain with populations of less than 50,000. various levels of government. We have within the event area is granted by the The Coast Guard received no comments analyzed this rule under that Order and Captain of the Port Miami or a from the Small Business Administration determined that this rule does not have designated representative, all persons on this rule. The Coast Guard certifies implications for federalism. and vessels receiving such authorization under 5 U.S.C. 605(b) that this rule will must comply with the instructions of not have a significant economic impact 6. Protest Activities the Captain of the Port Miami or a on a substantial number of small The Coast Guard respects the First designated representative. The Coast entities. Amendment rights of protesters. Guard will provide notice of the special This rule may affect the following Protesters are asked to contact the local regulation by Local Notice to entities, some of which may be small person listed in the FOR FURTHER Mariners, Broadcast Notice to Mariners, entities: the owners or operators of INFORMATION CONTACT section to and on-scene designated vessels intending to enter, transit coordinate protest activities so that your representatives. through, anchor in, or remain within message can be received without that portion of the Biscayne Bay D. Regulatory Analyses jeopardizing the safety or security of encompassed within the special local people, places or vessels. We developed this rule after regulation from 6:45 a.m. until 9:45 a.m. considering numerous statutes and on October 28, 2012. For the reasons 7. Unfunded Mandates Reform Act executive orders related to rulemaking. discussed in the Regulatory Planning The Unfunded Mandates Reform Act Below we summarize our analyses and Review section above, this rule will of 1995 (2 U.S.C. 1531–1538) requires based on a number of these statutes or not have a significant economic impact Federal agencies to assess the effects of executive orders. on a substantial number of small their discretionary regulatory actions. In 1. Regulatory Planning and Review entities. particular, the Act addresses actions that may result in the expenditure by a 3. Assistance for Small Entities This rule is not a significant State, local, or tribal government, in the regulatory action under section 3(f) of Under section 213(a) of the Small aggregate, or by the private sector of Executive Order 12866, Regulatory Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or Planning and Review, as supplemented Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule by Executive Order 13563, Improving we want to assist small entities in would not result in such an Regulation and Regulatory Review, and understanding this rule. If the rule expenditure, we do discuss the effects of does not require an assessment of would affect your small business, this rule elsewhere in this preamble. potential costs and benefits under organization, or governmental section 6(a)(3) of Executive Order jurisdiction and you have questions 8. Taking of Private Property 12866, or under section 1 of Executive concerning its provisions or options for This rule will not affect a taking of Order 13563. The Office of Management compliance, please contact the person private property or otherwise have
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taking implications under Executive excluded from further review under by telephone at 305–535–4472, or a Order 12630, Governmental Actions and paragraph 34(h) and 35(b) of Figure 2– designated representative via VHF radio Interference with Constitutionally 1 of the Commandant Instruction. An on channel 16. If authorization is Protected Property Rights. environmental analysis checklist granted by the Captain of the Port supporting this determination and a Miami or a designated representative, 9. Civil Justice Reform Categorical Exclusion Determination are all persons and vessels receiving such This rule meets applicable standards available in the docket where indicated authorization must comply with the in sections 3(a) and 3(b)(2) of Executive under ADDRESSES. We seek any instructions of the Captain of the Port Order 12988, Civil Justice Reform, to comments or information that may lead Miami or a designated representative. minimize litigation, eliminate to the discovery of a significant (3) The Coast Guard will provide ambiguity, and reduce burden. environmental impact from this rule. notice of the regulated area by Local Notice to Mariners, Broadcast Notice to 10. Protection of Children List of Subjects in 33 CFR Part 100 Mariners, and on-scene designated We have analyzed this rule under Marine safety, Navigation (water), representatives. Executive Order 13045, Protection of Reporting and recordkeeping (d) Enforcement Date. This rule will Children from Environmental Health requirements, Waterways. be enforced from 6:45 a.m. until 9:45 Risks and Safety Risks. This rule is not For the reasons discussed in the a.m. on October 28, 2012. an economically significant rule and preamble, the Coast Guard amends 33 Dated: September 28, 2012. would not create an environmental risk CFR part 100 as follows: to health or risk to safety that might Chris P. Scraba, disproportionately affect children. PART 100—SAFETY OF LIFE ON Captain, U.S. Coast Guard, Captain of the NAVIGABLE WATERS Port Miami. 11. Indian Tribal Governments [FR Doc. 2012–25570 Filed 10–16–12; 8:45 am] ■ This rule does not have Tribal 1. The authority citation for part 100 BILLING CODE 9110–04–P implications under Executive Order continues to read as follows: 13175, Consultation and Coordination Authority: 33 U.S.C. 1233. DEPARTMENT OF HOMELAND with Indian Tribal Governments, ■ 2. Add a temporary § 100.35T07–0559 SECURITY because it does not have a substantial to read as follows: direct effect on one or more Indian Tribes, on the relationship between the § 100.35T07–0559 Special Local Coast Guard Federal Government and Indian Tribes, Regulation; Ironman 70.3 Miami, Biscayne or on the distribution of power and Bay; Miami, FL. 33 CFR Part 100 responsibilities between the Federal (a) Regulated Area. The following [Docket No. USCG–2012–0721] Government and Indian Tribes. regulated area is a special local regulation. All waters of Biscayne Bay RIN 1625–AA08 12. Energy Effects located east of Bayfront Park and This action is not a ‘‘significant encompassed within an imaginary line Special Local Regulations; Palm Beach energy action’’ under Executive Order connecting the following points: starting World Championship, Atlantic Ocean; 13211, Actions Concerning Regulations at Point 1 in position 25°46′44″ N, Jupiter, FL That Significantly Affect Energy Supply, 080°11′00″ W; thence southeast to Point Distribution, or Use. 2 in position 25°46′24″ N, 080°10′44″ W; AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. 13. Technical Standards thence southwest to Point 3 in position 25°46′18″ N, 080°11′05″ W; thence north This rule does not use technical to Point 4 in position 25°46′33″ N, SUMMARY: The Coast Guard is standards. Therefore, we did not 080°11′05″ W; thence northeast back to establishing a special local regulation on consider the use of voluntary consensus origin. All coordinates are North the waters of the Atlantic Ocean, standards. American Datum 1983. between East Indiantown Road and Donald Ross Road, just offshore of 14. Environment (b) Definition. The term ‘‘designated representative’’ means Coast Guard Jupiter, Florida during the Palm Beach We have analyzed this rule under Patrol Commanders, including Coast World Championship, a high speed Department of Homeland Security Guard coxswains, petty officers, and power boat race. The Palm Beach World Management Directive 023–01 and other officers operating Coast Guard Championship is scheduled to take Commandant Instruction M16475.lD, vessels, and Federal, state, and local place on Friday, October 19, and which guide the Coast Guard in officers designated by or assisting the Sunday, October 21, 2012. The high complying with the National Captain of the Port Miami in the speed power boat race event will Environmental Policy Act of 1969 enforcement of the regulated area. include approximately 50 high speed (NEPA) (42 U.S.C. 4321–4370f). Due to (c) Regulations. power boat participants and 250 potential environmental issues, we (1) Non-participant persons and spectator vessels. The special local conducted an environmental analysis vessels are prohibited from entering, regulation is necessary to provide safety for both the issuance of the marine transiting through, anchoring in, or for the participants, spectators, and event permit and the establishment of remaining within the regulated area general public in and near the race area this special local regulation. After unless authorized by the Captain of the during the event. The special local completing the environmental analysis Port Miami or a designated regulation will encompass the following for the issuance of the marine event representative. two areas: a race area, where all persons permit and the establishment of these (2) Non-participant Persons and and vessels, except those persons and special local regulations, we have vessels may request authorization to vessels participating in or assisting the determined these actions will not enter, transit through, anchor in, or high speed boat races, are prohibited significantly affect the human remain within the regulated area by from entering, transiting through, environment. This rule is categorically contacting the Captain of the Port Miami anchoring in, or remaining within; and
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a spectator area, where vessels are because immediate action is needed to D. Regulatory Analyses permitted to anchor. minimize potential danger to the race We developed this rule after DATES: This rule is effective and will be participants, participant vessels, considering numerous statutes and enforced from 11 a.m. until 4 p.m. on spectators, and the general public. executive orders related to rulemaking. October 19, and 11 a.m. until 4 p.m. on For the same reason discussed above, Below we summarize our analyses October 21, 2012. under 5 U.S.C. 553(d)(3) the Coast based on 13 of these statutes or ADDRESSES: Documents indicated in this Guard finds that good cause exists for executive orders. preamble as being available in the making this rule effective less than 30 docket are part of docket USCG–2012– days after publication in the Federal 1. Regulatory Planning and Review 0721. To view documents mentioned in Register. This rule is not a significant this preamble as being available in the B. Basis and Purpose regulatory action under section 3(f) of docket, go to http:// Executive Order 12866, Regulatory www.regulations.gov, inserting USCG– The legal basis for the rule is the Planning and Review, as supplemented 2012–0721 in the ‘‘SEARCH’’ box, and Coast Guard’s authority to establish by Executive Order 13563, Improving then clicking ‘‘SEARCH.’’ Click on the special local regulations: 33 U.S.C. Regulation and Regulatory Review, and Open Docket Folder on the line 1233. The purpose of the rule is to does not require an assessment of associated with this rulemaking. You insure safety of life on navigable waters potential costs and benefits under may also visit the Docket Management of the United States during the Palm section 6(a)(3) of Executive Order 12866 Facility in Room W12–140 on the Beach World Championship. or under section 1 of Executive Order ground floor of the Department of C. Discussion of the Final Rule 13563. The Office of Management and Transportation, West Building, 1200 Budget has not reviewed it under those New Jersey Avenue SE., Washington, On October 19 and October 21, 2012, Orders. DC 20590, between 9 a.m. and 5 p.m., Offshore Powerboat Association, Inc. The economic impact of this rule is Monday through Friday, except Federal will host the Palm Beach World not significant for the following reasons: holidays. Championship, a series of high-speed (1) The special local regulation will be FOR FURTHER INFORMATION CONTACT: If boat races. The event will be held on the enforced for only five hours per day you have questions on this rule, call or waters of the Atlantic Ocean, just over the course of two days, ten hours email Lieutenant Junior Grade Mike H. offshore of Jupiter, Florida. The high total; (2) non-participant persons and Wu, Sector Miami Prevention speed power boat race event will vessels may enter, transit through, Department, Coast Guard; telephone include approximately 50 high speed anchor in, or remain within the race (305) 535–7576, email power boat participants and 250 area if authorized by the Captain of the [email protected]. If you have spectator vessels. Port Miami or a designated questions on viewing the docket, call The special local regulation representative; (3) non-participant Renee V. Wright, Program Manager, encompasses certain waters of the persons and vessels not able to enter, Docket Operations, telephone (202) Atlantic Ocean, near Jupiter, Florida. transit through, anchor in, or remain 366–9826. The special local regulation will be within the race area may operate in the enforced daily from 11:00 a.m. until SUPPLEMENTARY INFORMATION: surrounding area during the 4:00 p.m. on October 19 and October 21, enforcement periods; and (4) the Coast Table of Acronyms 2012. The special local regulation will Guard will provide advance notification DHS Department of Homeland Security encompass the following two areas: (1) of the special local regulation to the FR Federal Register A race area, where all persons and local maritime community by Local NPRM Notice of Proposed Rulemaking vessels, except those persons and Notice to Mariners and Broadcast Notice vessels participating or assisting in the to Mariners. A. Regulatory History and Information high speed power boat race event, are The Coast Guard is issuing this prohibited from entering, transiting 2. Impact on Small Entities temporary final rule without prior through, anchoring in, or remaining The Regulatory Flexibility Act of 1980 notice and opportunity to comment within; and (2) a spectator area, where (RFA), 5 U.S.C. 601–612, as amended, pursuant to authority under section 4(a) vessels are permitted to anchor. Persons requires federal agencies to consider the of the Administrative Procedure Act and vessels may request authorization to potential impact of regulations on small (APA) (5 U.S.C. 553(b)). This provision enter, transit through, anchor in, or entities during rulemaking. The term authorizes an agency to issue a rule remain within the race area by ‘‘small entities’’ comprises small without prior notice and opportunity to contacting the Captain of the Port Miami businesses, not-for-profit organizations comment when the agency for good via telephone at 305–535–4472, or a that are independently owned and cause finds that those procedures are designated representative via VHF radio operated and are not dominant in their ‘‘impracticable, unnecessary, or contrary on channel 16. If authorization to enter, fields, and governmental jurisdictions to the public interest.’’ Under 5 U.S.C. transit through, anchor in, or remain with populations of less than 50,000. 553(b)(B), the Coast Guard finds that within the race area is granted by the The Coast Guard certifies under 5 U.S.C. good cause exists for not publishing a Captain of the Port Miami or a 605(b) that this rule will not have a notice of proposed rulemaking (NPRM) designated representative, all persons significant economic impact on a with respect to this rule because the and vessels receiving such authorization substantial number of small entities. Coast Guard did not receive necessary must comply with the instructions of This rule may affect the following information about the event until the Captain of the Port Miami or a entities, some of which may be small August 22, 2012. As a result, the Coast designated representative. The Coast entities: The owners or operators of Guard did not have sufficient time to Guard will provide notice of the special vessels intending to enter, transit publish a NPRM and to receive public local regulation by Local Notice to through, anchor in, or remain within comments prior to the event. Any delay Mariners, Broadcast Notice to Mariners, that portion of the Atlantic Ocean in the effective date of this rule would and on-scene designated encompassed within the special local be contrary to the public interest representatives. regulation from 11 a.m. until 4 p.m. on
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October 19, and 11 a.m. until 4 p.m. 7. Unfunded Mandates Reform Act Management Directive 023–01 and October 21, 2012. For the reasons The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, discussed in the Regulatory Planning of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in and Review section above, this rule will Federal agencies to assess the effects of complying with the National not have a significant economic impact their discretionary regulatory actions. In Environmental Policy Act of 1969 on a substantial number of small particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f). This entities. that may result in the expenditure by a rule involves special local regulations issued in conjunction with a marine 3. Assistance for Small Entities State, local, or Tribal government, in the aggregate, or by the private sector of event. An Environmental Analysis was Under section 213(a) of the Small $100,000,000 (adjusted for inflation) or prepared and addressed both the Business Regulatory Enforcement more in any one year. Though this rule issuance of the marine event permit and Fairness Act of 1996 (Pub. L. 104–121), will not result in such an expenditure, the establishment of the special local we offer to assist small entities in we do discuss the effects of this rule regulation. Both the Environmental understanding the rule. If the rule elsewhere in this preamble. Analysis and the accompanying Finding would affect your small business, Of No Significant Impact (‘‘FONSI’’) are organization, or governmental 8. Taking of Private Property available in the docket where indicated jurisdiction and you have questions This rule will not effect a taking of under ADDRESSES. We seek any concerning its provisions or options for private property or otherwise have comments or information that may lead compliance, please contact the person taking implications under Executive to the discovery of a significant listed in the FOR FURTHER INFORMATION Order 12630, Governmental Actions and environmental impact from this rule. CONTACT, above. Interference with Constitutionally List of Subjects in 33 CFR Part 100 Small businesses may send comments Protected Property Rights. on the actions of Federal employees Marine safety, Navigation (water), 9. Civil Justice Reform who enforce, or otherwise determine Reporting and recordkeeping compliance with, Federal regulations to This rule meets applicable standards requirements, Waterways. the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive For the reasons discussed in the Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to preamble, the Coast Guard amends 33 and the Regional Small Business minimize litigation, eliminate CFR part 100 as follows: Regulatory Fairness Boards. The ambiguity, and reduce burden. PART 100—SAFETY OF LIFE ON Ombudsman evaluates these actions 10. Protection of Children NAVIGABLE WATERS annually and rates each agency’s We have analyzed this rule under responsiveness to small business. If you ■ Executive Order 13045, Protection of 1. The authority citation for part 100 wish to comment on actions by continues to read as follows: employees of the Coast Guard, call 1– Children from Environmental Health 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 1233. Coast Guard will not retaliate against an economically significant rule and ■ 2. Add temporary § 100.35T07–0721 small entities that question or complain does not create an environmental risk to to read as follows: about this rule or any policy or action health or risk to safety that may disproportionately affect children. § 100.35T07–0721 Special Local of the Coast Guard. Regulations; Palm Beach World 4. Collection of Information 11. Indian Tribal Governments Championship, Atlantic Ocean, Jupiter, FL. This rule does not have tribal (a) Regulated areas. The following This rule will not call for a new implications under Executive Order regulated areas are established as a collection of information under the 13175, Consultation and Coordination special local regulation. All coordinates Paperwork Reduction Act of 1995 (44 with Indian Tribal Governments, are North American Datum 1983. U.S.C. 3501–3520). because it does not have a substantial (1) Race area. All waters of the 5. Federalism direct effect on one or more Indian Atlantic Ocean east of Jupiter, FL tribes, on the relationship between the encompassed within an imaginary line A rule has implications for federalism Federal Government and Indian tribes, connecting the following points: starting under Executive Order 13132, ° ′ ″ or on the distribution of power and at Point 1 in position 26 56 06 N, Federalism, if it has a substantial direct ° ′ ″ responsibilities between the Federal 80 04 06 W; thence northeast to Point effect on State or local governments and ° ′ ″ ° ′ ″ Government and Indian tribes. 2 in position 26 56 11 N, 80 03 38 W; would either preempt State law or thence southeast to Point 3 in 26°53′11″ impose a substantial direct cost of 12. Energy Effects N, 80°02′35″ W; thence southwest to ° ′ ″ compliance on them. We have analyzed This action is not a ‘‘significant Point 4 in position 26 53 03 N, ° ′ ″ this rule under that Order and have energy action’’ under Executive Order 80 03 06 W; thence northwest back to determined that it does not have 13211, Actions Concerning Regulations origin. All persons or vessels, except implications for federalism. That Significantly Affect Energy Supply, those persons or vessels participating in 6. Protest Activities Distribution, or Use. or assisting in the high speed power boat race event, are prohibited from The Coast Guard respects the First 13. Technical Standards entering, transiting through, anchoring Amendment rights of protesters. This rule does not use technical in, or remaining within the race area Protesters are asked to contact the standards. Therefore, we did not without authorization from the Captain person listed in the FOR FURTHER consider the use of voluntary consensus of the Port Miami or a designated INFORMATION CONTACT section to standards. representative. coordinate protest activities so that your (2) Spectator area. All waters of the message can be received without 14. Environment Atlantic Ocean east of Jupiter, FL and jeopardizing the safety or security of We have analyzed this rule under east of the race area, encompassed people, places or vessels. Department of Homeland Security within an imaginary line connecting the
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following points: starting at Point 1 in Railroad (BNSF) Drawbridge across Old DEPARTMENT OF HOMELAND position 26°55′46″ N, 80°03′30″ W; River, mile 10.4, at Orwood, CA. This SECURITY thence northeast to Point 2 in position cancellation was requested by the bridge 26°55′48″ N, 80°03′22″ W; thence owner due to their inability to operate Coast Guard southeast to Point 3 in 26°53′58″ N, the BNSF Middle River drawbridge as 80°02′44″ W; thence southwest to Point an alternative path for navigation. 33 CFR Part 117 ° ′ ″ ° ′ ″ 4 in position 26 53 56 N, 80 02 51 W; [Docket No. USCG–2012–0628] thence northwest back to origin. Vessels DATES: The temporary deviation are permitted to anchor in this area. published on September 21, 2012 (77 FR RIN 1625–AA09 (b) Definition. The term ‘‘designated 58491) is cancelled as of October 17, representative’’ means Coast Guard 2012. Drawbridge Operation Regulation; Patrol Commanders, including Coast Atlantic Intracoastal Waterway (AIWW), Guard coxswains, petty officers, and ADDRESSES: The docket for this Newport River, Morehead City, NC cancelled deviation is available for other officers operating Coast Guard AGENCY: inspection or copying at the Docket Coast Guard, DHS. vessels, and Federal, state, and local ACTION: Temporary final rule. officers designated by or assisting the Management Facility (M–30), U.S. Captain of the Port Miami in the Department of Transportation, West SUMMARY: The Coast Guard is enforcement of the regulated areas. Building Ground Floor, Room W12–140, temporarily changing the operating (c) Regulations. (1) Persons and 1200 New Jersey Avenue SE., schedule that governs the Carolina vessels desiring to enter, transit through, Washington, DC 20590, between 9 a.m. Coastal Railroad Bridge, at AIWW mile anchor in, or remain within the race and 5 p.m., Monday through Friday, 203.8, across Newport River in area may contact the Captain of the Port except Federal holidays. You may also Morehead City, NC. This bridge is Miami by telephone at 305–535–4472, find this docket on the Internet by going presently maintained in the open or a designated representative via VHF to http://www.regulations.gov, inserting position except when closure is radio on channel 16, to seek USCG–2012–0808 in the ‘‘Keyword’’ necessary for train crossings. This authorization. If authorization to enter, box and then clicking ‘‘Search’’. change would allow the bridge to transit through, anchor in, or remain remain closed at night so that necessary FOR FURTHER INFORMATION CONTACT: If within the regulated area is granted by repairs may be made while still you have questions on this rule, call or the Captain of the Port Miami or a providing for the reasonable needs of designated representative, all persons email David H. Sulouff, Chief, Bridge navigation. and vessels receiving such authorization Section, Eleventh Coast Guard District; DATES: This temporary final rule is must comply with the instructions of telephone 510–437–3516, email [email protected]. effective from 5 a.m. on October 17, the Captain of the Port Miami or a 2012 to 8:30 p.m. on October 1, 2013. designated representative. SUPPLEMENTARY INFORMATION: (2) The Coast Guard will provide ADDRESSES: Comments and related materials received from the public, as notice of the regulated areas by Local A. Basis and Purpose Notice to Mariners, Broadcast Notice to well as documents mentioned in this Mariners, and on-scene designated On September 21, 2012, we published preamble as being available in the representatives. a temporary deviation entitled docket, are part of docket USCG–2009– (c) Enforcement date. This rule will ‘‘Drawbridge Operation Regulation; Old 0628 and are available online by going be enforced from 11 a.m. until 4 p.m. on River, Orwood CA’’ in the Federal to www.regulations.gov, and inserting October 19, and from 11 a.m. until 4 Register (77 FR 58491). The temporary USCG–2012–0628 in the ‘‘Keyword’’ p.m. on October 21, 2012. deviation concerned the Burlington box, and then clicking ‘‘Search’’. This material is also available for inspection Dated: October 2, 2012. Northern & Santa Fe Railroad (BNSF) Drawbridge across Old River, mile 10.4, or copying at the Docket Management C. P. Scraba, Facility (M–30), U.S. Department of Captain, U.S. Coast Guard, Captain of the at Orwood, CA. The deviation was to allow the bridge owner to perform Transportation, West Building Ground Port Miami. Floor, Room W12–140, 1200 New Jersey [FR Doc. 2012–25646 Filed 10–16–12; 8:45 am] essential mechanical repairs while the bridge remained in the closed-to- Avenue SE., Washington, DC 20590, BILLING CODE 9110–04–P between 9 a.m. and 5 p.m., Monday navigation position from 8 a.m. October through Friday, except Federal holidays. 22, 2012 to 4 p.m. on October 26, 2012. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND This deviation from the operating If SECURITY regulations was authorized under 33 you have questions on this rule, call or CFR 117.35. email Terrance A. Knowles, Coast Guard Environmental Protection Specialist, B. Cancellation Fifth Coast Guard District, at telephone 33 CFR Part 117 (757) 398–6587, email The temporary deviation is canceled [email protected]. If you [Docket No. USCG–2012–0808] due the unexpected unavailability of an have questions on viewing or submitting alternative path for navigation during material to the docket, call Renee V. Drawbridge Operation Regulations; the proposed times and dates of the Old River, Orwood, CA Wright, Program Manager, Docket repair work. Operations, telephone 202–366–9826. AGENCY: Coast Guard, DHS. Dated: October 5, 2012. SUPPLEMENTARY INFORMATION: ACTION: Notice of cancellation of a D.H. Sulouff, Table of Acronyms temporary deviation from regulations. District Bridge Chief, Eleventh Coast Guard CFR Code of Federal Regulations District. SUMMARY: The Coast Guard is canceling DHS Department of Homeland Security the temporary deviation concerning the [FR Doc. 2012–25539 Filed 10–16–12; 8:45 am] FR Federal Register Burlington Northern & Santa Fe BILLING CODE 9110–04–P U.S.C United States Code
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A. Regulatory History and Information advance notice before 4 p.m. on the available each night for vessels afternoon before the requested opening. requiring an opening provided that On August 10, 2012, we published a Vessel traffic along this part of the advance notice is given by 4 p.m. on the notice of proposed rulemaking (NPRM) Atlantic Intracoastal Waterway consists afternoon before the requested opening. entitled ‘‘Drawbridge Operations; of commercial and pleasure craft Atlantic Intracoastal Waterway (AIWW), including sail boats, fishing boats, and 2. Impact on Small Entities Newport River, Morehead City, NC.’’ in tug and barge traffic, that transit mainly The Regulatory Flexibility Act of 1980 the Federal Register (77 FR 47787). We during the daylight hours with the (RFA), 5 U.S.C. 601–612, as amended, received no comments on the proposed occasional tug and barge traffic at night. requires Federal agencies to consider rule. No public meeting was requested, The drawbridge is currently maintained the potential impact of regulations on and none was held. in the open to navigation position at all small entities during rulemaking. The Under 5 U.S.C 553(d)(3), the Coast times and closes for passing trains. term ‘‘small entities’’ comprises small Guard finds that good cause exists for Consequently, the number of mariners businesses, not-for-profit organizations making this rule effective in less than 30 transiting through this section of the that are independently owned and days after publication in the Federal waterway is not based on the amount of operated and are not dominant in their Register. Due to these bridge repairs vessel openings but on the average fields, and governmental jurisdictions being required and also being a lengthy number of waterway users, which with populations of less than 50,000. process, it is best that this work be done showed that there are fewer vessel The Coast Guard received no comments when there is the least marine activity, transits at night for mariners, making it from the Small Business Administration such as during the winter and night a more suitable time to restrict the on this rule. The Coast Guard certifies time. Starting the project now will operation of the drawbridge. under 5 U.S.C. 605(b) that this rule will possibly shorten the 2013 summertime not have a significant economic impact impacts to navigation, depending on C. Discussion of Comments, Changes on a substantial number of small expected project tempo/efficiency. Also, and the Final Rule entities. replacement of the obsolete drive The Coast Guard provided a comment This rule will not have a significant system will allow for a safer/faster way period of 30 days and no comments economic impact on a substantial to close the bridge during approaching were received. The Coast Guard would number of small entities because the hurricanes for the 2013 storm season temporarily revise the operating rule adds navigational restrictions and beyond. regulations at 33 CFR 117.821 by adding mainly to the movement of vessels a new paragraph (c). Paragraph (c) during a time when there is less traffic. B. Basis and Purpose would state from 5 a.m. on October 17, Most commercial traffic will leave and The North Carolina Department of 2012 to 8:30 p.m. on October 1, 2013, return during the day. The rule would Transportation (NCDOT), who owns and the draw of the Carolina Coastal possibly affect small entities such as operates this bascule-type railroad Railroad Bridge shall be maintained in owners/operators of vessels due to bridge, has requested a temporary the open position to vessels, and would limited drawbridge openings from 8:30 change to the existing operating only be closed for the passage of trains p.m. to 5 a.m. To minimize delays, these regulations to facilitate repairs of and to perform periodic maintenance; vessels can plan their transits in existing structural steel, strengthening and the draw need not open from 8:30 accordance with the proposed opening of the main bascule girders and p.m. to 5 a.m., except at 12 a.m. schedule. upgrading the obsolete drive system. (midnight) for vessels providing 3. Assistance for Small Entities The current regulations, under the advance notice before 4 p.m. on the afternoon before the requested opening. Under section 213(a) of the Small general requirements set out at 33 CFR Business Regulatory Enforcement 117.5, require that the Carolina Coastal D. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), Railroad Bridge, at AIWW mile 203.8, we want to assist small entities in across Newport River in Morehead City We developed this rule after considering numerous statutes and understanding this rule. If the rule NC, shall open promptly and fully for would affect your small business, the passage of vessels when a request to executive orders related to rulemaking. Below we summarize our analyses organization, or governmental open is given. However, the drawbridge jurisdiction and you have questions is currently maintained in the open to based on a number of these statutes or executive orders. concerning its provisions or options for navigation position at all times and compliance, please contact the person closes for passing trains. 1. Regulatory Planning and Review listed in the FOR FURTHER INFORMATION In the closed position to vessels, this This rule is not a ‘‘significant CONTACT section, above. single-leaf bascule drawbridge has a regulatory action’’ under section 3(f) of Small businesses may send comments vertical clearance of 4 feet above mean Executive Order 12866, Regulatory on the actions of Federal employees high water. Planning and Review, as supplemented who enforce, or otherwise determine To facilitate the required repair work by Executive Order 13563, Improving compliance with, Federal regulations to and to minimize the impact on Regulation and Regulatory Review, and the Small Business and Agricultural navigation, the drawbridge would does not require an assessment of Regulatory Enforcement Ombudsman operate as follows: (1) From 5 a.m. potential costs and benefits under and the Regional Small Business October 17, 2012 to 8:30 p.m. on section 6(a)(3) of Order 12866 or under Regulatory Fairness Boards. The October 1, 2013 shall be maintained in section 1 of Executive Order 13563. The Ombudsman evaluates these actions the open position to vessels and would Office of Management and Budget has annually and rates each agency’s only be closed for the passage of trains not reviewed it under those Orders. responsiveness to small business. If you and to perform periodic maintenance; The temporary changes are expected wish to comment on actions by and (2) in the closed position to vessels, to have minimal impact on mariners employees of the Coast Guard, call 1– from 8:30 p.m. to 5 a.m., with one due to the low number of vessels 888–REG–FAIR (1–888–734–3247). The optional opening provided at 12 a.m. transiting this area at night. Also, a Coast Guard will not retaliate against (midnight) for vessels providing midnight vessel opening would be small entities that question or complain
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about this proposed rule or any policy would not create an environmental risk PART 117—DRAWBRIDGE or action of the Coast Guard. to health or risk to safety that might OPERATION REGULATIONS disproportionately affect children. 4. Collection of Information ■ 1. The authority citation for part 117 This rule would call for no new 11. Indian Tribal Governments continues to read as follows: collection of information under the This rule does not have tribal Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Paperwork Reduction Act of 1995 (44 implications under Executive Order Department of Homeland Security Delegation U.S.C. 3501–3520.). 13175, Consultation and Coordination No. 0170.1. with Indian Tribal Governments, 5. Federalism because it would not have a substantial ■ 2. In § 117.821, add paragraph (c) to A rule has implications for federalism direct effect on one or more Indian read as follows: under Executive Order 13132, tribes, on the relationship between the § 117.821 Atlantic Intracoastal Waterway, Federalism, if it has a substantial direct Federal Government and Indian tribes, Albemarle Sound to Sunset Beach. effect on the States, on the relationship or on the distribution of power and * * * * * between the national government and responsibilities between the Federal (c) From 5 a.m. on October 17, 2012 the States, or on the distribution of Government and Indian tribes. to 8:30 p.m. on October 1, 2013, the power and responsibilities among the draw of the Carolina Coastal Railroad various levels of government. We have 12. Energy Effects Bridge, at mile 203.8, (Newport River) at analyzed this rule under that Order and We have analyzed this rule under Morehead City, shall operate as follows: have determined that it does not have Executive Order 13211, Actions (1) During the day from 5 a.m. to 8:30 implications for federalism. Concerning Regulations That Significantly Affect Energy Supply, p.m., shall be maintained in the open 6. Protest Activities Distribution, or Use. We have position to vessels and would only be The Coast Guard respects the First determined that it is not a ‘‘significant closed for the passage of trains and to Amendment rights of protesters. energy action’’ under that order because perform periodic maintenance. Protesters are asked to contact the it is not a ‘‘significant regulatory action’’ (2) At night, need not open 8:30 p.m. person listed in the ‘‘FOR FURTHER under Executive Order 12866 and is not to 5 a.m. except an opening would be INFORMATION CONTACT’’ section to likely to have a significant adverse effect provided at 12 a.m. (midnight) if coordinate protest activities so that your on the supply, distribution, or use of advance notice is given before 4 p.m. on message can be received without energy. The Administrator of the Office the afternoon before the requested jeopardizing the safety or security of of Information and Regulatory Affairs opening. people, places or vessels. has not designated it as a significant Dated: October 5, 2012. energy action. Therefore, it does not 7. Unfunded Mandates Reform Act Lincoln D. Stroh, require a Statement of Energy Effects Captain, U.S. Coast Guard, Acting The Unfunded Mandates Reform Act under Executive Order 13211. Commander, Fifth Coast Guard District. of 1995 (2 U.S.C. 1531–1538) requires 13. Technical Standards [FR Doc. 2012–25540 Filed 10–16–12; 8:45 am] Federal agencies to assess the effects of BILLING CODE 9110–04–P their discretionary regulatory actions. In This rule does not use technical particular, the Act addresses actions standards. Therefore, we did not that may result in the expenditure by a consider the use of voluntary consensus DEPARTMENT OF HOMELAND State, local, or tribal government, in the standards. SECURITY aggregate, or by the private sector of 14. Environment $100,000,000 (adjusted for inflation) or Coast Guard more in any one year. Though this rule We have analyzed this rule under will not result in such expenditure, we Department of Homeland Security 33 CFR Part 117 do discuss the effects of this rule Management Directive 023–01, and [Docket No. USCG–2012–0625] elsewhere in this preamble. Commandant Instruction M16475.lD which guides the Coast Guard in RIN 1625–AA09 8. Taking of Private Property complying with the National This rule would not cause a taking of Environmental Policy Act of 1969 Drawbridge Operation Regulation; private property or otherwise have (NEPA)(42 U.S.C. 4321–4370f), and Schuylkill River, Philadelphia, PA taking implications under Executive have concluded that this action is one AGENCY: Coast Guard, DHS. Order 12630, Governmental Actions and of a category of actions which do not Interference with Constitutionally individually or cumulatively have a ACTION: Final rule. significant effect on the human Protected Property Rights. SUMMARY: The Coast Guard is changing environment. This rule is categorically the regulation that governs the operation 9. Civil Justice Reform excluded under figure 2–1, paragraph of the Conrail Bridge over the Schuylkill This rule meets applicable standards (32)(e), of the Instruction. River, mile 6.4 near Christian Street, at in sections 3(a) and 3(b)(2) of Executive Under figure 2–1, paragraph (32)(e), of Philadelphia, PA. The new rule will Order 12988, Civil Justice Reform, to the instruction, an environmental change the bridge name to CSX Bridge minimize litigation, eliminate analysis checklist and a categorical and the current regulation requiring a ambiguity, and reduce burden. exclusion determination are not required for this rule. two hour advance notice to allow the 10. Protection of Children bridge to remain in the closed position List of Subjects in 33 CFR Part 117 We have analyzed this rule under for the passage of vessels. There have Executive Order 13045, Protection of Bridges. been no requests for openings in 13 Children from Environmental Health For the reasons discussed in the years. Risks and Safety Risks. This rule is not preamble, the Coast Guard amends 33 DATES: This rule is effective November an economically significant rule and CFR part 117 as follows: 16, 2012.
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ADDRESSES: Comments and related the open position. The current operating on this rule. The Coast Guard certifies materials received from the public, as schedule for the bridge is set out in 33 under 5 U.S.C. 605(b) that this rule will well as documents mentioned in this CFR 117.905(e). The current two hour not have a significant economic impact preamble as being available in the advance notice is no longer necessary on a substantial number of small docket, are part of docket USCG–2012– because of the lack of openings. entities. This final rule would affect the 0625 and are available online by going C. Discussion of Comments, Changes following entities, some of which might to http://www.regulations.gov, inserting and the Final Rule be small entities: The owners and USCG–2012–0625 in the ‘‘Keyword’’ operators of vessels intending to transit box, and then clicking ‘‘Search.’’ This The Coast Guard will revise 33 CFR in that portion of the Schuylkill River material is also available for inspection 117.905(e) for the Conrail Bridge over that have a mast height of greater than or copying at the Docket Management Schuylkill River, mile 6.4, at 26 feet. Due to the fact that there have Facility (M–30), U.S. Department of Philadelphia, PA. The current been no requests for openings in 13 Transportation, West Building Ground regulation states: The draw of the years, this final rule will not have a Conrail Bridge, mile 6.4 near Christian Floor, Room W12–140, 1200 New Jersey significant economic impact on a Street, Philadelphia, shall open on Avenue SE., Washington, DC 20590, substantial number of small entities. between 9 a.m. and 5 p.m., Monday signal if at least two hours notice is through Friday, except Federal holidays. given. The new regulation would 3. Assistance for Small Entities FOR FURTHER INFORMATION CONTACT: change the bridge name to CSX Bridge If Under section 213(a) of the Small you have questions on this rule, call or and allow the bridge to not open for the Business Regulatory Enforcement email Jim Rousseau, Bridge passage of vessels. The change of the Fairness Act of 1996 (Pub. L. 104–121), Management Specialist, Fifth Coast operating regulation will reflect the we want to assist small entities in Guard District; telephone 757–398– current use of the waterway and not understanding this rule. If the rule 6557, email inhibit those vessels from transiting would affect your small business, [email protected]. If you under the bridge. Pursuant to the have questions on viewing or submitting NPRM, there was a comment period of organization, or governmental material to the docket, call Renee V. 30 days and no comments were jurisdiction and you have questions Wright, Program Manager, Docket received. concerning its provisions or options for compliance, please contact the person Operations, telephone 202–366–9826. D. Regulatory Analyses listed in the FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: We developed this rule after CONTACT, above. considering numerous statutes and Table of Acronyms Small businesses may send comments executive orders related to rulemaking. CFR Code of Federal Regulations on the actions of Federal employees Below we summarize our analyses DHS Department of Homeland Security who enforce, or otherwise determine FR Federal Register based on a number of these statutes or executive orders. compliance with, Federal regulations to NPRM Notice of Proposed Rulemaking the Small Business and Agriculture § Section Symbol 1. Regulatory Planning and Review U.S.C. United States Code Regulatory Enforcement Ombudsman This rule is not a significant and the Regional Small Business A. Regulatory History and Information regulatory action under section 3(f) of Regulatory Fairness Boards. The On August 10, 2012, we published a Executive Order 12866, Regulatory Ombudsman evaluates these actions NPRM entitled Drawbridge Operation Planning and Review, as supplemented annually and rates each agency’s Regulation; Schuylkill River, by Executive Order 13563, Improving responsiveness to small business. If you Philadelphia, PA in the FR (77 FR Regulation and Regulatory Review, and wish to comment on actions by 47792). We received no comments on does not require an assessment of employees of the Coast Guard, call 1– the proposed rule. No public meeting potential costs and benefits under 888–REG–FAIR (1–888–734–3247). The was requested, and none was held. section 6(a)(3) of Order 12866 or under Coast Guard will not retaliate against section 1 of Executive Order 13563. The small entities that question or complain B. Basis and Purpose Office of Management and Budget has about this rule or any policy or action CSX Transportation has requested a not reviewed it under those Orders. The of the Coast Guard. change in name and the operation change is expected to have minimal regulation of the Conrail Bridge across impact on mariners, because there have 4. Collection of Information Schuylkill River, mile 6.4, at been no requests for openings for the This rule calls for no new collection Philadelphia PA. In 1999, CSX acquired past 13 years, and there is no of information under the Paperwork the Conrail Bridge but never changed anticipated change to vessel traffic. Reduction Act of 1995 (44 U.S.C. 3501– the name. From the time of purchase up 3520.). to the present day, the Conrail Bridge 2. Impact on Small Entities has been an active and heavily used The Regulatory Flexibility Act of 1980 5. Federalism CSX railroad line. The bridge supports (RFA), 5 U.S.C. 601–612, as amended, 51 MGT of freight every year. However, requires federal agencies to consider the A rule has implications for federalism over the past 13 years the bridge logs potential impact of regulations on small under Executive Order 13132, show that there has been no request entities during rulemaking. The term Federalism, if it has a substantial direct requiring an opening at the bridge. ‘‘small entities’’ comprises small effect on the States, on the relationship Therefore, the Coast Guard authorizes businesses, not-for-profit organizations between the national government and the above mentioned bridge to remain in that are independently owned and the States, or on the distribution of the closed to navigation position in operated and are not dominant in their power and responsibilities among the accordance with 33 CFR 117.39. fields, and governmental jurisdictions various levels of government. We have The vertical clearance of the Swing with populations of less than 50,000. analyzed this rule under that Order and Bridge is 26 feet above mean high tide The Coast Guard received no comments have determined that it does not have in the closed position and unlimited in from the Small Business Administration implications for federalism.
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6. Protest Activities Distribution, or Use. We have Dated: September 28, 2012. The Coast Guard respects the First determined that it is not a ‘‘significant Steven H. Ratti, Amendment rights of protesters. energy action’’ under that order because Rear Admiral, United States Coast Guard, Protesters are asked to contact the it is not a ‘‘significant regulatory action’’ Commander, Fifth Coast Guard District. person listed in the FOR FURTHER under Executive Order 12866 and is not [FR Doc. 2012–25550 Filed 10–16–12; 8:45 am] INFORMATION CONTACT section to likely to have a significant adverse effect BILLING CODE 9110–04–P coordinate protest activities so that your on the supply, distribution, or use of message can be received without energy. The Administrator of the Office jeopardizing the safety or security of of Information and Regulatory Affairs DEPARTMENT OF HOMELAND people, places or vessels. has not designated it as a significant SECURITY energy action. Therefore, it does not 7. Unfunded Mandates Reform Act require a Statement of Energy Effects Coast Guard The Unfunded Mandates Reform Act under Executive Order 13211. 33 CFR Part 165 of 1995 (2 U.S.C. 1531–1538) requires 13. Technical Standards Federal agencies to assess the effects of [Docket Number USCG–2012–0738] their discretionary regulatory actions. In This rule does not use technical RIN 1625–AA00 particular, the Act addresses actions standards. Therefore, we did not that may result in the expenditure by a consider the use of voluntary consensus Fixed and Moving Safety Zone; Around State, local, or tribal government, in the standards. the USACE Bank Grading Units, Mat aggregate, or by the private sector of 14. Environment Sinking Unit, and the M/V Harrison and $100,000,000 (adjusted for inflation) or M/V William James more in any one year. Though this rule We have analyzed this rule under will not result in such an expenditure, Department of Homeland Security AGENCY: Coast Guard, DHS. we do discuss the effects of this rule Management Directive 023–01 and ACTION: Temporary final rule. elsewhere in this preamble. Commandant Instruction M16475.lD, SUMMARY: The Coast Guard is which guides the Coast Guard in 8. Taking of Private Property establishing a temporary fixed and complying with the National moving safety zone for all waters within This rule will not cause a taking of Environmental Policy Act of 1969 100 yards of the US Army Corps of private property or otherwise have (NEPA)(42 U.S.C. 4321–4370f), and Engineers (USACE) Bank Grading Units, taking implications under Executive have concluded that this action is one Mat Sinking Unit and M/V Harrison and Order 12630, Governmental Actions and of a category of actions which do not M/V William James while operating on Interference with Constitutionally individually or cumulatively have a the Mississippi River. This safety zone Protected Property Rights. significant effect on the human is needed to protect vessels and environment because it simply 9. Civil Justice Reform mariners from the safety hazards promulgates the operating regulations or This rule meets applicable standards associated with bank grading and mat procedures for drawbridges. This rule is in sections 3(a) and 3(b)(2) of Executive sinking operations performed by the categorically excluded, under figure 2– Order 12988, Civil Justice Reform, to USACE. Entry into this zone is 1, paragraph (32)(e), of the Instruction. minimize litigation, eliminate prohibited unless specifically ambiguity, and reduce burden. Under figure 2–1, paragraph (32)(e), of authorized by the cognizant Captain of the Instruction, an environmental the Port (COTP) (COTP Lower 10. Protection of Children analysis checklist and a categorical Mississippi River for MM 303.0 to MM We have analyzed this rule under exclusion determination are not 869.0 or COTP Ohio Valley MM 869.0 Executive Order 13045, Protection of required for this rule. to MM 958.0) or a designated Children From Environmental Health List of Subjects in 33 CFR Part 117 representative. Risks and Safety Risks. This rule is not DATES: This rule is effective with actual an economically significant rule and Bridges. notice from July 31, 2012 until October does not create an environmental risk to For the reasons discussed in the 17, 2012. This rule is effective in the health or risk to safety that might preamble, the Coast Guard amends 33 Code of Federal Regulations from disproportionately affect children. CFR part 117 as follows: October 17, 2012 until 8:00 a.m. 11. Indian Tribal Governments November 1, 2012. PART 117—DRAWBRIDGE This rule does not have tribal OPERATION REGULATIONS ADDRESSES: Documents mentioned in implications under Executive Order this preamble are part of docket USCG– 2012–0738. To view documents 13175, Consultation and Coordination ■ 1. The authority citation for part 117 mentioned in this preamble as being with Indian Tribal Governments, continues to read as follows: because it will not have a substantial available in the docket, go to http:// direct effect on one or more Indian Authority: 33 U.S.C. 499; 33 CFR 1.05–1; www.regulations.gov, type the docket and Department of Homeland Security number in the ‘‘SEARCH’’ box and click tribes, on the relationship between the Delegation No. 0170.1. Federal Government and Indian tribes, ‘‘SEARCH.’’ Click on Open Docket or on the distribution of power and ■ 2. Revise § 117.905(e) to read as Folder on the line associated with this responsibilities between the Federal follows: rulemaking. You may also visit the Government and Indian tribes. Docket Management Facility in Room § 117.905 Schuylkill River. W12–140 on the ground floor of the 12. Energy Effects * * * * * Department of Transportation West We have analyzed this rule under (e) The draw of the CSX Bridge, mile Building, 1200 New Jersey Avenue SE., Executive Order 13211, Actions 6.4 near Christian Street, Philadelphia, Washington, DC 20590, between 9 a.m. Concerning Regulations That need not be opened for the passage of and 5 p.m., Monday through Friday, Significantly Affect Energy Supply, vessels. except Federal holidays.
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FOR FURTHER INFORMATION CONTACT: If The COTPs Lower Mississippi River below. Anchoring, stopping, remaining you have questions on this rule, call or and Ohio Valley received notification or drifting without power within the email CWO David Bear, U. S. Coast from the USACE that the USACE will be safety zone is prohibited at all times. Guard; telephone 901–521–4728, email performing bank grading and mat Requests to deviate from these [email protected]. If you have sinking operations on the Mississippi restrictions may be made to the questions on viewing or submitting River. These operations are vital in applicable COTP and will be considered material to the docket, call Renee V. maintaining a navigable channel for on a case-by-case basis. The COTP Wright, Program Manager, Docket commerce to operate on the river and Lower Mississippi River may be Operations, telephone (202) 366–9826. can only be done during certain times contacted by telephone at 866–777– SUPPLEMENTARY INFORMATION: of the year, and under specific water 2784. The COTP Ohio Valley may be levels and conditions. The fact that the contacted at 1–800–253–7465. All Table of Acronyms operations are taking place on a highly COTPs can be reached by VHF–FM DHS Department of Homeland Security transited waterway presents hazards to channel 16. The respective Captain of FR Federal Register both the waterway traffic and the the Port or a designated representative NPRM Notice of Proposed Rulemaking workers involved in the operations. A will inform the public through M/V Motor Vessel fixed and moving safety zone is needed broadcast notice to mariners of the COTP Captain of the Port to protect mariners, workers, vessels MM Mile Marker location of the Bank Grading Units, Mat USACE United States Army Corps of and other property from the hazards Sinking Unit and the M/V Harrison and Engineers associated with bank grading and mat M/V William James effective period for laying operations. Additionally, a fixed the safety zone and of any changes in A. Regulatory History and Information and moving safety zone will assist in the effective period for the safety zone. The Coast Guard is issuing this timely completion of the USACE This rule is effective from August 2, temporary final rule without prior operations. 2012 through 8 a.m. November 1, 2012, notice and opportunity to comment The USACE also requested that the local time. If emergency dredging is pursuant to authority under section 4(a) Coast Guard implement a safety zone completed earlier, enforcement of the of the Administrative Procedure Act restricting traffic on the waterway to safety zone will be curtailed. (APA) (5 U.S.C. 553(b)). This provision protect both mariners and persons authorizes an agency to issue a rule involved in the operations, specifically D. Regulatory Analyses without prior notice and opportunity to the Bank Grading Units, Mat Sinking We developed this rule after comment when the agency for good Unit, and the M/V Harrison and M/V considering numerous statutes and cause finds that those procedures are William James and any other operating executive orders related to rulemaking. ‘‘impracticable, unnecessary, or contrary units. The USACE informed the USCG Below we summarize our analyses to the public interest.’’ Under 5 U.S.C. that during the effective period, USACE based on a number of these statutes or 553(b)(B), the Coast Guard finds that operations will require waterway executive orders. closures lasting approximately one hour good cause exists for not publishing a 1. Regulatory Planning and Review notice of proposed rulemaking (NPRM) at a time when no traffic will be allowed with respect to this rule as publication to transit within 500 yards of the This rule is not a significant of an NPRM would be impracticable. operations. Broadcast Notices to regulatory action under section 3(f) of The Coast Guard received notification Mariners (BNM) and Marine Safety Executive Order 12866, Regulatory from the USACE on or about July 13, Information Bulletins (MSIBs) can be Planning and Review, as supplemented 2012 about necessary bank grading and issued by the Coast Guard to inform by Executive Order 13563, Improving mat laying operations by the Vicksburg marine traffic of these times based on Regulation and Regulatory Review, and District USACE. notice provided by the USACE. does not require an assessment of potential costs and benefits under For the same reasons, under 5 U.S.C. C. Discussion of the Final Rule 553(d)(3), the Coast Guard finds that section 6(a)(3) of Executive Order 12866 good cause exists for making this rule The Coast Guard is establishing a or under section 1 of Executive Order effective less than 30 days after temporary fixed and moving safety zone 13563. The Office of Management and publication in the Federal Register. for all waters within 100 yards of the Budget has not reviewed it under those Providing a full 30 days notice before USACE Bank Grading Unit, Mat Sinking Orders. the final rule effective date is would be Unit, and the M/V Harrison and M/V This regulation is not a significant impracticable for the reasons described William James while conducting regulatory action because it will only be above. Immediate action implementing operations on the Mississippi River. in effect for limited periods of time and this safety zone is needed to protect This safety zone is intended to protect will not substantially obstruct maritime persons and property from the safety persons and property, providing the traffic. Notifications to the marine hazards associated with bank grading necessary safety measures affording the community will be made through and mat sinking operations on the USACE to continue with ongoing and broadcast notice to mariners and Mississippi River. timely USACE operations necessary to electronic mail. Notices of changes to maintain the commercial channel for the safety zone and effective times will B. Basis and Purpose the designated areas on the Mississippi also be made. Deviation from the The legal basis and authorities for this River. While these operations are taking restrictions may be requested from the rule are found in 33 U.S.C. 1231, 46 place, vessels are required to operate at COTP or designated representative and U.S.C. Chapter 701, 3306, 3703; 50 a minimum safe speed when transiting will be considered on a case-by-case U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, within all waters encompassing a 100 basis. The impacts on routine navigation 6.04–6, and 160.5; Pub. L. 107–295, 116 yard radius around the USACE are expected to be minimal. Stat. 2064; and Department of operating units and vessels are Homeland Security Delegation No. prohibited from transiting into, through, 2. Impact on Small Entities 0170.1, which collectively authorize the or within a 50 yard radius of the USACE The Regulatory Flexibility Act of 1980 Coast Guard to establish and define operating units and vessels, unless (RFA), 5 U.S.C. 601–612, as amended, regulatory safety zones. specifically authorized as explained requires federal agencies to consider the
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potential impact of regulations on small Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination entities during rulemaking. The Coast U.S.C. 3501–3520). with Indian Tribal Governments, Guard certifies under 5 U.S.C. 605(b) because it does not have a substantial 5. Federalism that this rule will not have a significant direct effect on one or more Indian economic impact on a substantial A rule has implications for federalism tribes, on the relationship between the number of small entities. under Executive Order 13132, Federal Government and Indian tribes, The Coast Guard certifies under 5 Federalism, if it has a substantial direct or on the distribution of power and U.S.C. 605(b) that this rule will not have effect on the States, on the relationship responsibilities between the Federal a significant economic impact on a between the national government and Government and Indian tribes. substantial number of small entities. the States, or on the distribution of 12. Energy Effects This rule will affect the following power and responsibilities among the entities, some of which may be small various levels of government. We have analyzed this rule under that Order and This action is not a ‘‘significant entities: The owners or operators of energy action’’ under Executive Order vessels intending to transit the determined that this rule does not have implications for federalism. 13211, Actions Concerning Regulations Mississippi River, effective from August That Significantly Affect Energy Supply, 2, 2012 through November 1, 2012, local 6. Protest Activities Distribution, or Use. time. This safety zone will not have a The Coast Guard respects the First 13. Technical Standards significant economic impact on a Amendment rights of protesters. substantial number of small entities Protesters are asked to contact the This rule does not use technical because this rule allows for the passing person listed in the FOR FURTHER standards. Therefore, we did not of vessels. Traffic in this area is limited INFORMATION CONTACT section to consider the use of voluntary consensus to almost entirely recreational vessels coordinate protest activities so that your standards. and commercial towing vessels. message can be received without Notifications to the marine community jeopardizing the safety or security of 14. Environment will be made through broadcast notice people, places or vessels. to mariners and electronic mail. Notices We have analyzed this rule under of changes to the safety zone and 7. Unfunded Mandates Reform Act Department of Homeland Security effective times will also be made. The Unfunded Mandates Reform Act Management Directive 023–01 and Deviation from the restrictions may be of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, requested from the COTP or designated Federal agencies to assess the effects of which guide the Coast Guard in representative and will be considered their discretionary regulatory actions. In complying with the National on a case-by-case basis. particular, the Act addresses actions Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and 3. Assistance for Small Entities that may result in the expenditure by a State, local, or tribal government, in the have determined that this action is one Under section 213(a) of the Small aggregate, or by the private sector of of a category of actions that do not Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or individually or cumulatively have a Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule significant effect on the human we want to assist small entities in will not result in such an expenditure, environment. This rule is categorically understanding this rule. If the rule we do discuss the effects of this rule excluded from further review under would affect your small business, elsewhere in this preamble. paragraph 34(g) of Figure 2–1 of the organization, or governmental Commandant Instruction. An 8. Taking of Private Property jurisdiction and you have questions environmental analysis checklist and a concerning its provisions or options for This rule will not cause a taking of categorical exclusion determination will compliance, please contact the person private property or otherwise have be made available as indicated under listed in the FOR FURTHER INFORMATION taking implications under Executive the ADDRESSES section. Order 12630, Governmental Actions and CONTACT, above. List of Subjects in 33 CFR Part 165 Small businesses may send comments Interference with Constitutionally on the actions of Federal employees Protected Property Rights. Harbors, Marine safety, Navigation who enforce, or otherwise determine 9. Civil Justice Reform (water), Reporting and recordkeeping requirements, Security measures, compliance with, Federal regulations to This rule meets applicable standards Waterways. the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to For the reasons discussed in the and the Regional Small Business minimize litigation, eliminate preamble, the Coast Guard amends 33 Regulatory Fairness Boards. The ambiguity, and reduce burden. CFR part 165 as follows: Ombudsman evaluates these actions annually and rates each agency’s 10. Protection of Children PART 165—REGULATED NAVIGATION responsiveness to small business. If you We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS wish to comment on actions by Executive Order 13045, Protection of employees of the Coast Guard, call 1– Children from Environmental Health ■ 1. The authority citation for part 165 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not continues to read as follows: Coast Guard will not retaliate against an economically significant rule and small entities that question or complain Authority: 33 U.S.C. 1231; 46 U.S.C. does not create an environmental risk to Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; about this rule or any policy or action health or risk to safety that may of the Coast Guard. 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. disproportionately affect children. 107–295, 116 Stat. 2064; Department of 4. Collection of Information 11. Indian Tribal Governments Homeland Security Delegation No. 0170.1 This rule will not call for a new This rule does not have tribal ■ 2. Add § 165.T08–0738 to read as collection of information under the implications under Executive Order follows:
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§ 165.T08–0738 Fixed and Moving Safety Dated: August 2, 2012. Docket Operations, telephone 202–366– Zone; Around the USACE Bank Grading W. M. Drelling, 9826. Units, Mat Sinking Units and the M/V Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: Harrison and M/V William James. Port Lower Mississippi. Table of Acronyms (a) Location. The following area is a L. W. Hewett, fixed and moving safety zone: All Captain, U.S. Coast Guard, Captain of the DHS Department of Homeland Security waters of the Mississippi River within Port Ohio Valley. FR Federal Register NPRM Notice of Proposed Rulemaking 100 yards of the Bank Grading Units, [FR Doc. 2012–25543 Filed 10–16–12; 8:45 am] Mat Sinking Unit and the M/V Harrison BILLING CODE 9110–04–P A. Regulatory History and Information and M/V William James. The Coast Guard is issuing this (b) Effective dates. This section is DEPARTMENT OF HOMELAND temporary final rule without prior effective from 6 a.m. July 31, 2012 SECURITY notice and opportunity to comment through 8 a.m. November 1, 2012, local pursuant to authority under section 4(a) time. Coast Guard of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision (c) Regulations. (1) In accordance with 33 CFR Part 165 authorizes an agency to issue a rule the general regulations in § 165.23 of without prior notice and opportunity to this part, entry into this zone is [Docket No. USCG–2012–0904] comment when the agency for good prohibited unless authorized by the cause finds that those procedures are COTP Lower Mississippi River, COTP RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary Ohio Valley or a designated to the public interest.’’ Under 5 U.S.C. representative. Safety Zone; Bridge Demolition Project; Indiana Harbor Canal, East 553(b)(B), the Coast Guard finds that (2) Vessels shall not enter the moving Chicago, IN good cause exists for not publishing a safety zone. notice of proposed rulemaking (NPRM) AGENCY: with respect to this rule because doing (3) Persons or vessels requiring entry Coast Guard, DHS. so would be impracticable and contrary into or passage through the zone must ACTION: Temporary final rule. to the public interest. The final details request permission from the COTP SUMMARY: The Coast Guard is for this event were not known to the Lower Mississippi River, COTP Ohio establishing a temporary safety zone on Coast Guard until there was insufficient Valley or a designated representative. the Indiana Harbor Canal in East time remaining before the event to They may be contacted on VHF–FM Chicago, Indiana. This safety zone is publish an NPRM. Thus, delaying the channels 16 or The COTP Lower intended to restrict vessels from a effective date of this rule to wait for a Mississippi River may be contacted by portion of the Indiana Harbor Canal due comment period to run would be both telephone at 866–777–2784. The COTP to the Demolition Project on the Cline impracticable and contrary to the public Ohio Valley may be contacted at 1–800– Avenue Bridge. This temporary safety interest because it would inhibit the 253–7465. zone is necessary to protect the Coast Guard’s ability to protect vessels (4) All persons and vessels shall surrounding public and vessels from the from the hazards associated with the comply with the instructions of the hazards associated with the demolition demolition project on the Cline Avenue COTP Lower Mississippi River, COTP project. bridge, which are discussed further Ohio Valley and designated personnel. DATES: This rule will be effective below. Designated personnel include between October 27 and November 10, Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for commissioned, warrant, petty officers of 2012. This rule will be enforced from making this rule effective less than 30 the U.S. Coast Guard and Government 6:00 to 8:00 a.m. on October 27 and November 10, 2012. days after publication in the Federal employees of the US Army Corps of Register. For the same reasons Engineers. ADDRESSES: Documents indicated in this preamble as being available in the discussed in the preceding paragraph, (5) Minimum speed will be required docket are part of docket USCG–2012– waiting for a 30 day notice period to run of all vessels transiting within 50 yards 0904 and are available online by going would be impracticable and contrary to of the moving safety zone. Vessels to www.regulations.gov, inserting the public interest. receiving Captain of the Port authority USCG–2012–0904 in the ‘‘Search’’ box, B. Basis and Purpose to enter the safety zone must also transit and then clicking ‘‘search.’’ They are at a minimum safe speed and in On October 27 and November 10, also available for inspection or copying 2012, Walsh Construction Company will accordance with the direction of the at the Docket Management Facility (M– Captain of the Port authorizing transit. be conducting demolition on portions of 30), U.S. Department of Transportation, the Cline Avenue bridge in East (6) No vessel shall anchor, stop, West Building Ground floor, Room Chicago, IN. The Captain of the Port, remain or drift without power at W12–140, 1200 New Jersey Avenue SE., Sector Lake Michigan, has determined anytime in the moving safety zone. Washington DC 20590, between 9 a.m. that this demolition project will pose a and 5 p.m., Monday through Friday, (d) Informational broadcasts. The significant risk to public safety and except Federal holidays. Captain of the Port, Lower Mississippi property. Such hazards include loss of River or a designated representative will FOR FURTHER INFORMATION CONTACT: If life and property in the proximity of inform the public through broadcast you have questions on this temporary explosives, and collisions among vessels rule, contact or email MST1 Joseph notices to mariners (BNM) of the and contractors involved in the McCollum, U.S. Coast Guard Sector effective period for the safety zone and demolition project. Lake Michigan, at 414–747–7148 or of any changes in the effective period or [email protected]. If you C. Discussion of Rule size of the safety zone. have questions on viewing the docket, With the aforementioned hazards in call Renee V. Wright, Program Manager, mind, the Captain of the Port, Sector
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Lake Michigan, has determined that this This rule will affect the following determined that this rule does not have temporary safety zone is necessary to entities, some of which might be small implications for federalism. ensure the safety of persons and vessels entities: the owners or operators of 6. Protest Activities during the demolition project on the vessels intending to transit or anchor in Cline Ave bridge. This zone will be a portion of Indiana Harbor Canal on The Coast Guard respects the First enforced between 6:00 a.m. and 8:00 October 27 and November 10, 2012. Amendment rights of protesters. a.m. on October 27 and November 10, This safety zone will not have a Protesters are asked to contact the 2012. significant economic impact on a person listed in the FOR FURTHER The safety zone will encompass all substantial number of small entities for INFORMATION CONTACT section to waters of the Indiana Harbor Canal in the following reasons: This safety zone coordinate protest activities so that your the vicinity of the Cline Avenue Bridge. would be activated, and thus subject to message can be received without Entry into, transiting, or anchoring enforcement, for only 2 hours on 2 days. jeopardizing the safety or security of within the safety zone is prohibited Traffic may be allowed to pass through people, places or vessels. unless authorized by the Captain of the the zone with the permission of the 7. Unfunded Mandates Reform Act Port, Sector Lake Michigan, or his Captain of the Port. The Captain of the The Unfunded Mandates Reform Act designated on-scene representative. The Port can be reached via VHF channel 16. Captain of the Port or his designated on- of 1995 (2 U.S.C. 1531–1538) requires Before the activation of the zone, we Federal agencies to assess the effects of scene representative may be contacted would issue local Broadcast Notice to via VHF Channel 16. their discretionary regulatory actions. In Mariners. particular, the Act addresses actions D. Regulatory Analyses 3. Assistance for Small Entities that may result in the expenditure by a We developed this rule after State, local, or tribal government, in the Under section 213(a) of the Small considering numerous statutes and aggregate, or by the private sector of Business Regulatory Enforcement executive orders related to rulemaking. $100,000,000 (adjusted for inflation) or Fairness Act of 1996 (Pub. L. 104–121), Below we summarize our analyses more in any one year. Though this rule we want to assist small entities in based on numerous statutes and will not result in such an expenditure, understanding this rule. If the rule executive orders. we do discuss the effects of this rule would affect your small business, elsewhere in this preamble. 1. Regulatory Planning and Review organization, or governmental 8. Taking of Private Property This rule is not a significant jurisdiction and you have questions regulatory action under section 3(f) of concerning its provisions or options for This rule will not cause a taking of Executive Order 12866, Regulatory compliance, please contact the person private property or otherwise have Planning and Review, as supplemented listed in the FOR FURTHER INFORMATION taking implications under Executive by Executive Order 13563, Improving CONTACT section above. Order 12630, Governmental Actions and Regulation and Regulatory Review, and Small businesses may send comments Interference with Constitutionally does not require an assessment of on the actions of Federal employees Protected Property Rights. potential costs and benefits under who enforce, or otherwise determine 9. Civil Justice Reform section 6(a)(3) of Executive Order 12866 compliance with, Federal regulations to This rule meets applicable standards or under section 1 of Executive Order the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive 13563. The Office of Management and Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to Budget has not reviewed it under those and the Regional Small Business minimize litigation, eliminate Orders. It is not ‘‘significant’’ under the Regulatory Fairness Boards. The ambiguity, and reduce burden. regulatory policies and procedures of Ombudsman evaluates these actions the Department of Homeland Security annually and rates each agency’s 10. Protection of Children responsiveness to small business. If you (DHS). We conclude that this rule is not We have analyzed this rule under wish to comment on actions by a significant regulatory action because Executive Order 13045, Protection of employees of the Coast Guard, call 1– we anticipate that it will have minimal Children from Environmental Health 888–REG–FAIR (1–888–734–3247). The impact on the economy, will not Risks and Safety Risks. This rule is not Coast Guard will not retaliate against interfere with other agencies, will not an economically significant rule and small entities that question or complain adversely alter the budget of any grant does not create an environmental risk to or loan recipients, and will not raise any about this rule or any policy or action health or risk to safety that may novel legal or policy issues. The safety of the Coast Guard. disproportionately affect children. zone created by this rule will be small 4. Collection of Information and enforced for only two hours on each 11. Indian Tribal Governments day it is in effect. Under certain This rule will not call for a new This rule does not have tribal conditions, moreover, vessels may still collection of information under the implications under Executive Order transit through the safety zone when Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination permitted by the Captain of the Port. U.S.C. 3501–3520). with Indian Tribal Governments, because it does not have a substantial 2. Impact on Small Entities 5. Federalism direct effect on one or more Indian The Regulatory Flexibility Act of 1980 A rule has implications for federalism tribes, on the relationship between the (RFA), 5 U.S.C. 601–612, as amended, under Executive Order 13132, Federal Government and Indian tribes, requires federal agencies to consider the Federalism, if it has a substantial direct or on the distribution of power and potential impact of regulations on small effect on the States, on the relationship responsibilities between the Federal entities during rulemaking. The Coast between the national government and Government and Indian tribes. Guard certifies under 5 U.S.C. 605(b) the States, or on the distribution of that this rule will not have a significant power and responsibilities among the 12. Energy Effects economic impact on a substantial various levels of government. We have This action is not a ‘‘significant number of small entities. analyzed this rule under that Order and energy action’’ under Executive Order
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13211, Actions Concerning Regulations between 6:00 a.m. and 8:00 a.m. on from the Captain of the Port or That Significantly Affect Energy Supply, October 27 and November 10, 2012. designated representative. This security Distribution, or Use. (c) Regulations. zone is necessary to provide security for (1) In accordance with the general The President of the United States. 13. Technical Standards regulations in § 165.23 of this part, entry DATES: This rule is effective October 12, This rule does not use technical into, transiting, or anchoring within this 2012 to October 17, 2012. standards. Therefore, we did not safety zone is prohibited unless ADDRESSES: Documents mentioned in consider the use of voluntary consensus authorized by the Captain of the Port, this preamble are part of docket USCG– standards. Sector Lake Michigan or his designated 2012–0931. To view documents 14. Environment on-scene representative. mentioned in this preamble as being (2) This safety zone is closed to all We have analyzed this rule under available in the docket, go to http:// vessel traffic, except as may be www.regulations.gov, type the docket Department of Homeland Security permitted by the Captain of the Port, Management Directive 023–01 and number in the ‘‘SEARCH’’ box and click Sector Lake Michigan or his designated ‘‘SEARCH.’’ Click on Open Docket Commandant Instruction M16475.lD, on-scene representative. which guide the Coast Guard in Folder on the line associated with this (3) The ‘‘on-scene representative’’ of rulemaking. You may also visit the complying with the National the Captain of the Port, Sector Lake Environmental Policy Act of 1969 Docket Management Facility in Room Michigan is any Coast Guard W12–140 on the ground floor of the (NEPA) (42 U.S.C. 4321–4370f), and commissioned, warrant or petty officer have determined that this action is one Department of Transportation West who has been designated by the Captain Building, 1200 New Jersey Avenue SE., of a category of actions that do not of the Port, Sector Lake Michigan to act individually or cumulatively have a Washington, DC 20590, between 9 a.m. on his behalf. and 5 p.m., Monday through Friday, significant effect on the human (4) Vessel operators desiring to enter except Federal holidays. environment. This rule involves the or operate within the safety zone shall establishment of a safety zone and, contact the Captain of the Port, Sector FOR FURTHER INFORMATION CONTACT: If therefore it is categorically excluded Lake Michigan or his on-scene you have questions on this temporary from further review under paragraph representative to obtain permission to rule, call or email LCDR Hector Cintron, 34(g) of Figure 2–1 of the Commandant do so. The Captain of the Port, Sector Waterways Management Division Chief, Instruction. An environmental analysis Lake Michigan or his on-scene Sector Hampton Roads, Coast Guard; checklist supporting this determination representative may be contacted via telephone 757–668–5581, email and a Categorical Exclusion VHF Channel 16. Vessel operators given [email protected]. If you have Determination are available in the permission to enter or operate in the questions on viewing or submitting docket where indicated under safety zone must comply with all material to the docket, call Renee V. ADDRESSES. We seek any comments or directions given to them by the Captain Wright, Program Manager, Docket information that may lead to the of the Port, Sector Lake Michigan, or his Operations, telephone (202) 366–9826. discovery of a significant environmental on-scene representative. SUPPLEMENTARY INFORMATION: impact from this rule. Dated: September 27, 2012. Table of Acronyms List of Subjects in 33 CFR Part 165 M. W. Sibley, DHS Department of Homeland Security Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the FR Federal Register (water), Reporting and recordkeeping Port, Sector Lake Michigan. NPRM Notice of Proposed Rulemaking requirements, Security measures, [FR Doc. 2012–25552 Filed 10–16–12; 8:45 am] A. Regulatory History and Information Waterways. BILLING CODE 9110–04–P The Coast Guard is issuing this For the reasons discussed in the temporary final rule without prior preamble, the Coast Guard amends 33 DEPARTMENT OF HOMELAND notice and opportunity to comment CFR part 165 as follows: SECURITY pursuant to authority under section 4(a) PART 165—REGULATED NAVIGATION of the Administrative Procedure Act Coast Guard AREAS AND LIMITED ACCESS AREAS (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule ■ 1. The authority citation for Part 165 33 CFR Part 165 without prior notice and opportunity to continues to read as follows: [Docket No. USCG–2012–0931] comment when the agency for good cause finds that those procedures are Authority: 33 U.S.C. 1231; 46 U.S.C. RIN 1625–AA00 Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Security Zone; James River, Kingsmill 553(b)(B), the Coast Guard finds that Pub. L. 107–295, 116 Stat. 2064; Department Resort, Williamsburg, VA of Homeland Security Delegation No. 0170.1. good cause exists for not publishing a ■ 2. Add § 165.T09–0904 to read as AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) follows: ACTION: Temporary final rule. with respect to this rule because any delay encountered in this regulation’s § 165.T09–0904 Safety Zone; Bridge SUMMARY: The U.S. Coast Guard is effective date by publishing a NPRM Demolition Project, Indiana Harbor Canal, establishing a temporary security zone would be contrary to public interest. East Chicago, Indiana. on the James River in the vicinity of The Coast Guard received information (a) Location. The safety zone will Kingsmill Resort Marina, Williamsburg, about the event on October 3, 2012. encompass all waters of the Indiana VA during a visit by The President of Since immediate action is needed to Harbor Canal in the vicinity of the Cline the United States. This security zone protect The President of the United Avenue Bridge. will prohibit unauthorized vessels and States and accompanying high-ranking (b) Effective and enforcement period. people from entering or remaining in government officials from potential This zone will be effective and enforced the security zone without permission waterborne threats; the Coast Guard was
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unable to provide prior notice and Regulation and Regulatory Review, and who enforce, or otherwise determine opportunity to comment. does not require an assessment of compliance with, Federal regulations to Under 5 U.S.C. 553(d)(3), the Coast potential costs and benefits under the Small Business and Agriculture Guard finds that good cause exists for section 6(a)(3) of Executive Order 12866 Regulatory Enforcement Ombudsman making this rule effective less than 30 or under section 1 or Executive Order and the Regional Small Business days after publication in the Federal 13563. The Office of Management and Regulatory Fairness Boards. The Register. The measures contemplated by Budget has not reviewed it under those Ombudsman evaluates these actions the rule are intended to protect The Orders. Although this regulation annually and rates each agency’s President of the United States and restricts access to the security zone, the responsiveness to small business. If you accompanying high-ranking government effect of this rule will not be significant wish to comment on actions by officials, and the public from possible because: (i) The security zone will be in employees of the Coast Guard, call 1– waterborne security threats. Any delay effect for a limited duration; (ii) the 888–REG–FAIR (1–888–734–3247). The in the effective date of this rule is zone is of limited size; (iii) vessels can Coast Guard will not retaliate against contrary to public and national safely transit around the zone and are small entities that question or complain interests. not precluded from using any portion of about this rule or any policy or action the waterway except the security zone of the Coast Guard. B. Basis and Purpose itself; and (iv) the Coast Guard will On October 13, 2012, The President of make notifications via maritime 4. Collection of Information the United States will visit Kingsmill advisories so mariners can adjust their This rule will not call for a new Resort in Williamsburg, VA. The United plans accordingly. collection of information under the States Secret Service has requested the 2. Impact on Small Entities Paperwork Reduction Act of 1995 (44 Coast Guard provide waterborne point U.S.C. 3501–3520). protection during the visit. The Regulatory Flexibility Act of 1980 This temporary security zone is (RFA), 5 U.S.C. 601–612, as amended, 5. Federalism requires federal agencies to consider the necessary to provide for the security of A rule has implications for federalism potential impact of regulations on small The President of the United States and under Executive Order 13132, entities during rulemaking. The term accompanying high-ranking government Federalism, if it has a substantial direct ‘‘small entities’’ comprises small officials, and protect against sabotage or effect on State or local governments and businesses, not-for-profit organizations terrorist attacks to human life, vessels, would either preempt State law or that are independently owned and mariners and waterfront facilities at or impose a substantial direct cost of operated and are not dominant in their near this event. compliance on them. We have analyzed fields, and governmental jurisdictions this rule under that Order and have C. Discussion of the Final Rule with populations of less than 50,000. determined that it does not have The U.S. Coast Guard is establishing The Coast Guard certifies under 5 implications for federalism. a temporary security zone on the U.S.C. 605(b) that this rule will not have navigable waters of the James River in a significant economic impact on a 6. Protest Activities the vicinity Kingsmill Resort Marina, substantial number of small entities. Williamsburg, VA. This security zone However, this rule may affect the The Coast Guard respects the First will encompass all navigable waters on following entities, some of which may Amendment rights of protesters. the James River within a 1000 yard be small entities: the owners and Protesters are asked to contact the FOR FURTHER radius of approximate position operators of vessels intending to transit person listed in the 37°13′23″ N/76°40′03″ W (NAD 1983) in or anchor in the described portion of the INTFORMATION CONTACT section to the vicinity of Kingsmill Resort Marina, security zone during the enforcement coordinate protest activities so that your in Williamsburg, VA. periods from 11:59 p.m. on October 12, message can be received without Access to the security zone will be 2012 to 12:01 p.m. on October 17, 2012. jeopardizing the safety or security of restricted during the specified date and The temporary security zone will not people, places or vessels. times. Except for vessels authorized by have a significant impact on a 7. Unfunded Mandates Reform Act the Captain of the Port or his substantial number of small entities Representative, no person or vessel may because the zone will only be in place The Unfunded Mandates Reform Act enter or remain in the regulated area. for a limited duration and maritime of 1995 (2 U.S.C. 1531–1538) requires This temporary security zone will be advisories will be issued allowing the Federal agencies to assess the effects of effective and enforced from 11:59 p.m. mariners to adjust their plans their discretionary regulatory actions. In on October 12, 2012 to 12:01 p.m. on accordingly. particular, the Act addresses actions October 17, 2012. that may result in the expenditure by a 3. Assistance for Small Entities State, local, or tribal government, in the D. Regulatory Analyses Under section 213(a) of the Small aggregate, or by the private sector of We developed this rule after Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule executive orders related to rulemaking. we want to assist small entities in will not result in such an expenditure, Below we summarize our analyses understanding this rule. If the rule we do discuss the effects of this rule based on these statutes or executive would affect your small business, elsewhere in this preamble. orders. organization, or governmental 8. Taking of Private Property jurisdiction and you have questions 1. Regulatory Planning and Review concerning its provisions or options for This rule will not cause a taking of This rule is not a significant compliance, please contact the person private property or otherwise have regulatory action under section 3(f) of listed in the FOR FURTHER INFORMATION taking implications under Executive Executive Order 12866, Regulatory CONTACT, above. Order 12630, Governmental Actions and Planning and Review, as supplemented Small businesses may send comments Interference with Constitutionally by Executive Order 13563, Improving on the actions of Federal employees Protected Property Rights.
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9. Civil Justice Reform List of Subjects in 33 CFR Part 165 October 12, 2012 to 12:01 p.m. on October 17, 2012. This rule meets applicable standards Harbors, Marine safety, Navigation in sections 3(a) and 3(b)(2) of Executive (water), Reporting and recordkeeping Dated: October 5, 2012. Order 12988, Civil Justice Reform, to requirements, Security measures, and John K. Little, minimize litigation, eliminate Waterways. Captain, U.S. Coast Guard, Captain of the ambiguity, and reduce burden. For the reasons discussed in the Port Hampton Roads. preamble, the Coast Guard amends 33 [FR Doc. 2012–25535 Filed 10–16–12; 8:45 am] 10. Protection of Children CFR part 165 subpart C as follows: BILLING CODE 9110–04–P We have analyzed this rule under Executive Order 13045, Protection of PART 165—REGULATED NAVIGATION Children from Environmental Health AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION Risks and Safety Risks. This rule is not AGENCY ■ 1. The authority citation for part 165 an economically significant rule and continues to read as follows: does not create an environmental risk to 40 CFR Part 52 health or risk to safety that may Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. [EPA–R03–OAR–2012–0388; FRL–9738–2] disproportionately affect children. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. Approval and Promulgation of Air 11. Indian Tribal Governments 107–295, 116 Stat. 2064; Department of Quality Implementation Plans; West Homeland Security Delegation No. 0170.1. This rule does not have tribal Virginia; Prevention of Significant ■ 2. Add temporary § 165.T05–0931 to implications under Executive Order Deterioration read as follows: 13175, Consultation and Coordination AGENCY: Environmental Protection with Indian Tribal Governments, § 165.T05–0931 Security Zone; James Agency (EPA). because it does not have a substantial River, Kingsmill Resort, Williamsburg, VA. ACTION: Final rule. direct effect on one or more Indian (a) Regulated area. The following area tribes, on the relationship between the is a security zone: All navigable waters SUMMARY: EPA is granting full approval Federal Government and Indian tribes, of the James River within a 1000 yard of revisions to the West Virginia State or on the distribution of power and radius of approximate position Implementation Plan (SIP), submitted responsibilities between the Federal 37°13′23″ N/76°40′03″ W (NAD 1983) in by the State of West Virginia through Government and Indian tribes. the vicinity of Kingsmill Resort Marina, the West Virginia Department of 12. Energy Effects in Williamsburg, VA. Environmental Protection (WVDEP) on (b) Definition. For purposes of August 31, 2011, with the exception of This action is not a ‘‘significant enforcement of this section, Captain of the narrow issue of the requirement to energy action’’ under Executive Order the Port Representative means any U.S. include condensable emissions of 13211, Actions Concerning Regulations Coast Guard commissioned, warrant or particulate matter (condensables) in the That Significantly Affect Energy Supply, petty officer who has been authorized definition of ‘‘regulated NSR pollutant’’ Distribution, or Use. by the Captain of the Port, Hampton in the State’s Prevention of Significant 13. Technical Standards Roads, Virginia to act on his behalf. Deterioration (PSD) program. These (c) Regulation. (1) In accordance with revisions pertaining to West Virginia’s This rule does not use technical the general regulations in § 165.33 of PSD program incorporate standards. Therefore, we did not this part, entry into this security zone preconstruction permitting regulations consider the use of voluntary consensus described in paragraph (a) of this for fine particulate matter (PM2.5) and standards. section is prohibited unless authorized Greenhouse Gases (GHGs) into the West by the Captain of the Port, Hampton 14. Environment Virginia SIP. In light of a comment Roads, Virginia, or the Captain of the received on the July 31, 2012 proposed We have analyzed this rule under Port Representative. rule, EPA is reviewing West Virginia Department of Homeland Security (2) The operator of any vessel granted State Rule 45CSR14 to determine the Management Directive 023–01 and permission to enter this security zone extent to which its definition of Commandant Instruction M16475.lD, must: ‘‘regulated NSR pollutant’’ satisfies the which guide the Coast Guard in (i) Stop the vessel immediately upon corresponding Federal definition, and complying with the National being directed to do so by any will address this issue in a separate Environmental Policy Act of 1969 commissioned, warrant or petty officer action. In addition, EPA is granting full (NEPA) (42 U.S.C. 4321–4370f), and on board a vessel displaying a U.S. approval of the PSD portions of other have determined that this action is one Coast Guard Ensign; and related infrastructure submissions of a category of actions that do not (ii) Proceed as directed by any required by the Clean Air Act (CAA) individually or cumulatively have a commissioned, warrant or petty officer which are necessary to implement, significant effect on the human on board a vessel displaying a U.S. maintain, and enforce the 1997 PM2.5 environment. This rule is categorically Coast Guard Ensign. and ozone National Ambient Air excluded, under figure 2–1, paragraph (3) The Captain of the Port, Hampton Quality Standards (NAAQS), the 2006 (34)(g), of the Instruction. This rule Roads, Virginia can be contacted at PM2.5 NAAQS, and the 2008 lead and involves establishing a temporary telephone number (757) 638–6637. ozone NAAQS, with the exception of security zone. Under figure 2–1, (4) U.S. Coast Guard vessels enforcing the narrow issue of the requirement to paragraph (34)(g) of the Instruction, an the security zone can be contacted on include condensables in the definition environmental analysis checklist and a VHF–FM marine band radio, channel 13 of ‘‘regulated NSR pollutant.’’ EPA will categorical exclusion determination are (156.65 MHz) and channel 16 (156.8 address this issue in a separate action. not required for this rule because it MHz). EPA is granting approval of these concerns an emergency situation of less (d) Enforcement period. This section revisions in accordance with the than 1 week in duration. will be enforced from 11:59 p.m. on requirements of the CAA.
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DATES: This final rule is effective on and 2008 ozone NAAQS, as well as being not relevant to EPA’s proposed November 16, 2012. CAA section 110(a)(2)(C) and (J) for the action and EPA does not have any ADDRESSES: EPA has established a 2008 lead NAAQS and 2008 ozone obligation to respond to this general and docket for this action under Docket ID NAAQS. These previous SIP unrelated comment. See Sherley v. Number EPA–R03–OAR–2012–0388. All submissions, submitted by West Sebellius, 776 F. Supp. 2d 1, 53–54 documents in the docket are listed in Virginia to satisfy the PSD-related (D.D.C. 2011) (stating Federal agency the www.regulations.gov Web site. provisions found in CAA section must only respond to significant Although listed in the electronic docket, 110(a)(2) are referred to as infrastructure comments relevant to an agency’s some information is not publicly SIP submissions. All of these State decision); Conference of State Bank available, i.e., confidential business submittals, as well as technical support Supervisors v. Office of Thrift information (CBI) or other information documents (TSDs) in support of the Supervision, 792 F. Supp. 837, 846 whose disclosure is restricted by statute. proposed and final actions are included (D.D.C. 1992) (finding agencies need Certain other material, such as in the docket. The July 31, 2012 notice only respond to significant comments copyrighted material, is not placed on of proposed rulemaking (NPR) and its under the Administrative Procedure the Internet and will be publicly supporting TSD contain detailed Act). available only in hard copy form. discussions of the West Virginia SIP Comment: EPA cannot approve the Publicly available docket materials are submissions, their relationship to the infrastructure SIPs because the available either electronically through CAA and the Federal regulatory PSD SIP significant emissions rates in the SIP www.regulations.gov or in hard copy for requirements of 40 CFR part 51.166 and other de minimis exceptions are public inspection during normal applicable as of the time of the August arbitrary and capricious with regard to business hours at the Air Protection 31, 2011 submittal, as well as the PSD- the 2008 ozone and lead NAAQS. EPA’s Response: EPA disagrees with Division, U.S. Environmental Protection related infrastructure requirements in the commenter that we cannot approve Agency, Region III, 1650 Arch Street, CAA section 110(a)(2), and EPA’s the infrastructure SIPs because the Philadelphia, Pennsylvania 19103. rationale for its proposed action; significant emissions rates and other de Copies of the State submittal are therefore, those discussions will not be minimis exceptions are arbitrary and available at the West Virginia restated here. A summary of the capricious. The purpose of this Department of Environmental comments received and EPA’s responses rulemaking is to take action on West Protection, Division of Air Quality, 601 are provided in Section II of this document. Virginia’s SIP revision submittals based 57th Street SE., Charleston, West upon their consistency with Federal Virginia 25304. II. Public Comments and EPA’s regulations. The significant emissions FOR FURTHER INFORMATION CONTACT: Responses applicability levels of 0.6 tons per year Michael Gordon, (215) 814–2039, or by EPA received comments on the July (TPY) for lead and 40 tons TPY for email at [email protected]. 31, 2012 proposal to approve West VOCs and for NOX required by West SUPPLEMENTARY INFORMATION: Virginia’s revisions to its SIP’s PSD Virginia’s PSD permitting regulations I. Background permitting requirements and to approve mirror the Federal requirements found portions of infrastructure submissions at 40 CFR 51.166(b)(23)(i) and 40 CFR On July 31, 2012 (77 FR 45302), EPA relating to West Virginia’s PSD permit 52.21(b)(23)(i). West Virginia’s proposed proposed approval of amendments to program. The portions of the SIP revision satisfies the obligation that the PSD permitting regulations under infrastructure submittals at issue relate its SIP’s PSD regulation meet 40 CFR West Virginia State Rule 45CSR14, to the PSD requirements of CAA 51.166(b)(23)(i). In fact, West Virginia’s Permits for Construction and Major sections 110(a)(2)(C), (D)(i)(II) and (J) for regulatory language mirrors the Federal Modification of Major Stationary the 2008 lead NAAQS and the 2008 counterpart language. Therefore, EPA Sources of Air Pollution for the ozone NAAQS, and CAA sections has no basis to disapprove West Prevention of Significant Deterioration, 110(a)(2)(D)(i)(II) for the 1997 PM2.5 Virginia’s regulatory language and submitted by the WVDEP as a SIP NAAQS, 1997 ozone NAAQS, and the require West Virginia to meet an revision on August 31, 2011. The 2006 PM2.5 NAAQS. A summary of alternative standard which EPA has not August 31, 2011 SIP revision submitted those comments and EPA’s responses established through the required by West Virginia generally pertains to are as follows: administrative rulemaking process. two Federal rulemaking actions. The Comment: A commenter raises issues West Virginia is not required to revise first is the ‘‘Implementation of the New regarding the current economy in the the significant emissions rates in Source Review (NSR) Program for State of West Virginia and contends that question unless and until EPA revises Particulate Matter less than 2.5 Federal air pollution requirements the Federal requirements at 40 CFR Micrometers (PM2.5)’’ (NSR PM2.5 Rule), imposed since the 1970s have resulted 51.166(b)(23)(i) and 40 CFR which was promulgated on May 16, in the economic decline in the Northern 52.21(b)(23)(i). For these reasons, EPA 2008 (73 FR 28321). The second is the Panhandle. disagrees with the commenter’s ‘‘Prevention of Significant Deterioration Response: EPA thanks the commenter assertion that the significant emissions and Title V Greenhouse Gas Tailoring for the submittal. For purposes of applicability thresholds in the West Rule’’ (Tailoring Rule), which was background, EPA is acting on SIP Virginia SIP’s PSD regulation are promulgated on June 3, 2010 (75 FR submissions that reflect State law in arbitrary and capricious with regard to 31514). In addition to the August 31, effect at the time of the submittals. The the 2008 ozone and lead NAAQS. 2011 SIP submission, EPA also commenter has not raised any specific Comment: One commenter objects to proposed to approve those portions of issue relating to the proposed approval the EPA’s proposed approval of the previous SIP submissions from WVDEP of West Virginia’s SIP submittals at State’s infrastructure SIP submissions which address the PSD-related issue in this rulemaking process. Nor for the 1997 and 2006 PM2.5 and the requirements set forth in CAA section has the commenter given any indication 1997 and 2008 8-hour ozone and the 110(a)(2)(D)(i)(II) for the 1997 PM2.5 of what action they would prefer EPA to 2008 lead NAAQS on the grounds that NAAQS, 1997 8-hour ozone NAAQS, take on West Virginia’s SIP submittals. ‘‘EPA has promulgated increments for 2006 PM2.5 NAAQS, 2008 lead NAAQS, Therefore, EPA views this comment as PM2.5. See 75 FR 64,864 (Oct. 20, 2010).
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However, the proposed West Virginia concludes by stating that: ‘‘EPA must on such submission. The EPA has SIP does not include these increments disapprove the PSD elements of the historically interpreted section even though the increments became Infrastructure SIPs for failure to include 110(a)(2)(C), section 110(a)(2)(D)(i)(II), applicable on October 12, 2011 * * *. the PM2.5 increments. In the alternative, and section 110(a)(2)(J) to require the Therefore EPA cannot approve the West EPA could grant a conditional approval EPA to assess a State’s infrastructure SIP Virginia Infrastructure SIP regarding the if West Virginia agrees to adopt the submission with respect to the then- 1 PSD elements for PM2.5.’’ The PM2.5 increments into its SIP within one applicable and Federally enforceable commenter argues that ‘‘(s)tates are year.’’ PSD regulations required to be included required to include these increments in Response: EPA disagrees with the in a State’s SIP at the time EPA takes their SIPs before EPA can fully-approve commenter that we cannot approve this action on the SIP. However, the EPA an infrastructure submission.’’ However, SIP submission without inclusion of does not consider it reasonable to the commenter also acknowledges that increments. The commenter asserts that interpret section 110(a)(2)(C), section the States had until July 20, 2012 to the EPA should now disapprove the 110(a)(2)(D)(i)(II), and section amend their SIPs to address the PM2.5 West Virginia infrastructure SIP 110(a)(2)(J) to require the EPA to increments required by the because, since the date of EPA’s propose to disapprove a State’s requirements of the 2010 PM2.5 NSR/ proposal, the deadline for the infrastructure SIP submissions because PSD Rule. With respect to this July 20, submission of a SIP revision addressing the State had not yet, at the time of 2012 deadline, the commenter asserts the PM2.5 increments has passed. proposal, made a submission that was that because the proposed rule at issue However, pursuant to the 2010 PM2.5 not yet due for the 2010 PM2.5 NSR/PSD was published in the Federal Register NSR/PSD Rule and CAA section 166(b), Rule. To adopt a different approach by on July 31, 2012, the proposed rule was States were not required to submit a which the EPA could not act on an published after the deadline by which revised SIP addressing the PM2.5 infrastructure SIP, or at least could not States were required to submit SIP increments until July 20, 2012. EPA approve an infrastructure SIP, whenever revisions in compliance with the 2010 proposed action on the West Virginia there was any impending revision to the PM2.5 NSR/PSD Rule. Therefore, as of infrastructure SIP in a notice signed on SIP required by another collateral the date that the proposed rule was July 18, 2012.2 Therefore, on the date rulemaking action would result in published in the Federal Register (July that the proposed rule was signed by the regulatory gridlock and make it 31, 2012), the PM2.5 increments were Regional Administrator, the PM2.5 impracticable or impossible for EPA to required to be included in West increments were not required to be act on infrastructure SIPs if EPA is in Virginia’s SIP in order for West Virginia included in the West Virginia SIP in the process of revising collateral PSD to meet the PSD requirements of order for West Virginia to meet the PSD regulations. The EPA believes that such sections 110(a)(2)(C), (D)(i)(II) and (J) of requirements of CAA sections an outcome would be an unreasonable the CAA. 110(a)(2)(C), (D)(i)(II) and (J) of the Act.3 reading of the statutory process for the In addition to the above assertions, The commenter’s concerns relate to infrastructure SIPs contemplated in the commenter sets forth three reasons the timing of EPA action on collateral, section 110(a)(1) and (2). why EPA should not approve the yet related, SIP submissions. These The EPA acknowledges that it is specific CAA 110(a)(2) SIPs without first concerns highlight an important important that these additional PSD ensuring that West Virginia’s SIP overarching question that the EPA has program revisions be evaluated and includes the PM2.5 increments set forth to confront when assessing the various approved into the State’s SIP in at 40 CFR § 51.166(c): (1) EPA should infrastructure SIP submittals addressed accordance with the CAA. In fact, West not allow proposed major sources in in the proposed rule: how to proceed Virginia made the submission required West Virginia ‘‘to avoid PSD when the timing and sequencing of by the 2010 PM2.5 NSR/PSD Rule on requirements like PM2.5 increments, multiple related SIP submissions impact June 12, 2010, and the EPA therefore while proposed major sources in other the ability of the State and the EPA to intends to address the PM2.5 increments states * * * have to comply with this address certain substantive issues in the in a subsequent rulemaking. EPA also requirement’’; (2) because EPA has infrastructure SIP submission in a acknowledges the commenter’s concern proposed approval of the PSD reasonable fashion. about the potential for sources not being requirements of CAA 110(a)(2) for the It is appropriate for the EPA to take evaluated with respect to increments 2008 ozone and lead NAAQS, EPA will into consideration the timing and during the interim period while new not have another opportunity to ‘‘revisit sequence of related SIP submissions as PSD program revisions are being this issue of lack of PM2.5 increments’’; part of determining what it is reasonable evaluated. However, EPA notes that it is and (3) because emissions of PM2.5 and to expect a State to have addressed in implicit in the SIP processing its precursors have negative effects on an infrastructure SIP submission for a procedures under CAA section 110(k) public health and welfare, EPA’s full NAAQS at the time when the EPA acts and the timing of notice and comment approval of West Virginia’s rulemaking that there will often be infrastructure SIPs ‘‘would cause 2 Although the notice was published by the interim periods during which a State innocent people to be killed by illegal Federal Register on July 31, 2012, the notice was has adopted and submitted a new State signed by the Regional Administrator on July 18, PM2.5 emissions.’’ The commenter 2012, before the statutory deadline for submission law requirement in order to meet a CAA of the SIP revision addressing the PM2.5 increments. requirement, but the EPA will not yet 1 The commenter is referring to a separate 3 The commenter cites to a rulemaking in Region have acted upon it to make it a rulemaking action by EPA: ‘‘Prevention of 5 wherein EPA proposed to narrowly disapprove a Federally enforceable part of the State’s Significant Deterioration (PSD) for Particulate Michigan SIP to the extent that it failed to address SIP. Matter Less Than 2.5 Micrometers (PM2.5)— the requirement to account for PM2.5 precursors in Increments, Significant Impact Levels (SILs) and the State’s PSD program. That rulemaking, however, Moreover, major sources in West Significant Monitoring Concentration (SMC),’’ 75 addressed requirements from the 2008 PM2.5 NSR Virginia are subject to the PM2.5 FR 64864 (Oct. 20, 2010). This collateral rulemaking Implementation Rule for which the deadline for increments pursuant to the version of concerned various issues relevant to PM2.5 and PSD, States to revise their SIPs had passed more than a the regulation, 45CSR14, currently in including increments, significant impact levels, and year prior at the time of proposal. See 77 Fed. Reg. a significant monitoring concentration. This rule 45,992 (Aug. 2, 2012). In this case, the deadline for effect in West Virginia. Because the will be referred to herein as the ‘‘2010 PM2.5 NSR/ West Virginia to revise its SIP to address PM2.5 regulations relating to PM2.5 increments PSD Rule.’’ increments had not passed at the time of proposal. are currently effective and enforceable
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as a matter of State law, as of June 1, The EPA interprets the commenter’s III. Final Actions 2012, the EPA in the interim believes suggestion that EPA grant ‘‘conditional that proposed major sources in West approval’’ of the State’s infrastructure EPA is fully approving WVDEP’s Virginia are being required as a matter SIP submissions to be a reference to the August 31, 2011 submittal, except for of State law to comply with the PSD concept of conditional approval under the narrow issue of the requirement to requirements like PM2.5 increments and section 110(k)(4). The EPA considered include condensable emissions of thus that these sources are not being the commenter’s suggestion as a means particulate matter in the definition of treated differently under State law than of addressing the SIP submission timing ‘‘regulated NSR pollutant’’ found at similar sources in other States that have issue, but EPA is constrained by the 45CSR14 section 2.66. Except for this approved SIP revisions that include the provisions of the statute. Section narrow issue, EPA is approving all other increments. The only distinction 110(k)(4), under the rubric of portions of the submittal, including but between West Virginia and the other ‘‘conditional approval,’’ explicitly not limited to, the remainder of section States identified by the commenter is authorizes EPA to approve a SIP 2.66. In approving West Virginia State that those other States submitted their submission ‘‘based on a commitment of Rule 45CSR14 with regard to all other SIP revisions addressing the PM2.5 the State to adopt specific enforceable CAA and Federal regulatory SIP increments far enough in advance of measures by a date certain, but not later requirements for PSD applicable as of EPA’s action on the States’ than 1 year after the date of approval of the August 31, 2011 SIP revision infrastructure SIPs to begin the the plan revision.’’ Courts have submission date, EPA is acknowledging administrative rulemaking process for confirmed that conditional approvals that it meets the ‘‘Prevention of such SIP revisions. Thus, the EPA does are an available course of action under Significant Deterioration and Title V not believe that approving the State’s section 110(k), but only if the statutory Greenhouse Gas Tailoring Rule’’ infrastructure SIP submissions at this conditions for such conditional (Tailoring Rule), which was time will lead to major sources in West approvals can be met. promulgated on June 3, 2010 (75 FR Virginia being treated differently than similar sources in the other States as a Based on the specific language of 31514). EPA is also approving those factual matter. If the commenter section 110(k)(4), EPA concludes that it portions of West Virginia’s SIP determines that sources are not being would not be appropriate to use the submissions dated December 3, 2007, evaluated in accordance with applicable mechanism of a conditional approval in December 11, 2007, April 3, 2008, State law requirements during the this action on the West Virginia PSD- October 1, 2009, October 26, 2011, and interim before EPA acts on a later SIP related infrastructure SIP submissions. February 17, 2012 which address the submission, those concerns can be The statute clearly contemplates use of PSD-related requirements set forth in addressed in the State’s permitting this approach when a State has made a CAA section 110(a)(2)(D)(i)(II) for the process. commitment to make a submission in 1997 PM2.5 NAAQS, 1997 8-hour ozone The EPA shares the commenter’s the future that meets the statutory NAAQS, 2006 PM2.5 NAAQS, 2008 lead concerns that emissions of PM2.5 and its criteria. In this instance, however, on NAAQS, and 2008 ozone NAAQS, as precursors have negative effects on June 12, 2012, West Virginia submitted well as CAA section 110(a)(2)(C) and (J) public health and welfare. However, the SIP revision required by the 2010 for the 2008 lead NAAQS and 2008 EPA has no basis on which to find that PM2.5 NSR/PSD Rule. Therefore, the ozone NAAQS, except for the narrow EPA’s approval of West Virginia’s EPA does not believe that it is issue of the requirement to include infrastructure SIPs ‘‘would cause appropriate to use the mechanism of a condensable emissions of particulate innocent people to be killed by illegal conditional approval in these matter in the definition of ‘‘regulated PM2.5 emissions.’’ As explained above, circumstances. NSR pollutant’’ found at 45CSR14 the State is addressing PM2.5 increments Comment: EPA cannot approve the section 2.66. in the version of 45CSR14 currently infrastructure SIPs because West EPA is not finalizing its proposed adopted pursuant to State regulatory Virginia’s SIP does not clearly regulate approval of WVDEP’s August 31, 2011 requirements. West Virginia made the condensable direct PM2.5. SIP submission required by the 2010 submittal with respect to the narrow Response: The 2008 NSR PM2.5 Rule issue of the requirement to include PM2.5 NSR/PSD Rule to reflect that its PSD permitting program now includes changed the Federal definition of condensable emissions of particulate matter in the definition of ‘‘regulated PM2.5 increments as required by the ‘‘regulated NSR pollutant,’’ found at 40 2010 PM2.5 NSR/PSD Rule. EPA will be CFR 51.166(b)(49)(vi) to require that NSR pollutant’’ found at 45CSR14 acting on that submission in a separate States account for condensable section 2.66. Additionally, EPA is not rulemaking action in accordance with emissions of particulate matter finalizing its proposed approval of section 110(k). Until such time as EPA (condensables) in issuing NSR permits. WVDEP’s SIP submissions dated evaluates West Virginia’s submission In light of this comment, EPA is December 3, 2007, December 11, 2007, and takes the necessary rulemaking reviewing West Virginia State Rule April 3, 2008, October 1, 2009, October actions, EPA notes the fact that the 45CSR14 to determine the extent to 26, 2011, and February 17, 2012 revisions have been made and are which its definition of ‘‘regulated NSR submitted to meet the PSD-related currently enforceable for purposes of pollutant’’ satisfies the requirements of infrastructure SIP obligations set forth at State law. section 51.166(b)(49)(vi) insofar as it CAA sections 110(a)(2)(C), (D)(i)(II) and Finally, EPA has considered the applies to particulate matter. For this (J) with respect to the narrow issue of suggestion that, rather than approving reason, EPA is deferring taking action the requirement to include condensable the State’s infrastructure SIPs, the EPA on the definition of ‘‘regulated NSR emissions of particulate matter in the ‘‘could grant a conditional approval’’ of pollutant’’ in section 2.66 of West definition of ‘‘regulated NSR pollutant’’ the infrastructure SIPs if West Virginia Virginia State Rule 45CSR14 with regard found at 45CSR14 section 2.66. EPA agrees to adopt the PM2.5 increments as to the requirement to account for will address these issues in a separate required by the 2010 PM2.5 NSR/PSD condensables. EPA will address this action. Rule into its SIP within one year. issue in a separate rulemaking action.
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IV. Statutory and Executive Order appropriate, disproportionate human enforce its requirements. (See section Reviews health or environmental effects, using 307(b)(2).) practicable and legally permissible A. General Requirements List of Subjects in 40 CFR Part 52 methods, under Executive Order 12898 Under the CAA, the Administrator is (59 FR 7629, February 16, 1994). Environmental protection, Air required to approve a SIP submission In addition, this rule does not have pollution control, Carbon monoxide, that complies with the provisions of the tribal implications as specified by Incorporation by reference, CAA and applicable Federal regulations. Executive Order 13175 (65 FR 67249, Intergovernmental relations, Lead, 42 U.S.C. 7410(k); 40 CFR 52.02(a). November 9, 2000), because the SIP is Nitrogen dioxide, Ozone, Particulate Thus, in reviewing SIP submissions, not approved to apply in Indian country matter, Reporting and recordkeeping EPA’s role is to approve state choices, located in the state, and EPA notes that requirements, Sulfur oxides, Volatile provided that they meet the criteria of it will not impose substantial direct organic compounds. the CAA. Accordingly, this action costs on tribal governments or preempt Authority: 42 U.S.C. 7401 et seq. merely approves state law as meeting tribal law. Federal requirements, except as noted in Dated: September 27, 2012. this document, and does not impose B. Submission to Congress and the W. C. Early, additional requirements beyond those Comptroller General Acting Regional Administrator, Region III. imposed by state law. For that reason, The Congressional Review Act, 5 40 CFR Part 52 is amended as follows: this action: U.S.C. 801 et seq., as added by the Small • Is not a ‘‘significant regulatory Business Regulatory Enforcement PART 52—[AMENDED] action’’ subject to review by the Office Fairness Act of 1996, generally provides of Management and Budget under that before a rule may take effect, the ■ Executive Order 12866 (58 FR 51735, 1. The authority citation for part 52 agency promulgating the rule must continues to read as follows: October 4, 1993); submit a rule report, which includes a • Does not impose an information Authority: 42 U.S.C. 7401 et seq. copy of the rule, to each House of the collection burden under the provisions Congress and to the Comptroller General of the Paperwork Reduction Act (44 Subpart XX—West Virginia of the United States. EPA will submit a U.S.C. 3501 et seq.); • Is certified as not having a report containing this action and other ■ 2. In § 52.2520, significant economic impact on a required information to the U.S. Senate, ■ a. The table in paragraph (c) is substantial number of small entities the U.S. House of Representatives, and amended by revising the entries for [45 under the Regulatory Flexibility Act (5 the Comptroller General of the United CSR] Series 14 regarding Permits for U.S.C. 601 et seq.); States prior to publication of the rule in Construction and Major Modification of • Does not contain any unfunded the Federal Register. A major rule Major Stationary Sources of Air mandate or significantly or uniquely cannot take effect until 60 days after it Pollution for the Prevention of affect small governments, as described is published in the Federal Register. Significant Deterioration. This action is not a ‘‘major rule’’ as in the Unfunded Mandates Reform Act ■ b. The table in paragraph (e) is defined by 5 U.S.C. 804(2). of 1995 (Pub. L. 104–4); amended by: • Does not have Federalism C. Petitions for Judicial Review i. Revising the entries regarding the implications as specified in Executive Section 110(a)(2) PSD-related Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA, petitions for judicial review of this Infrastructure Requirements for the 1997 1999); • Is not an economically significant action must be filed in the United States 8-Hour Ozone NAAQS, the 1997 PM2.5 regulatory action based on health or Court of Appeals for the appropriate NAAQS, the 2006 PM2.5 NAAQS, the safety risks subject to Executive Order circuit by [Insert date 60 days from date 2008 Lead NAAQS, and the 2008 ozone 13045 (62 FR 19885, April 23, 1997); of publication of this document in the NAAQS. • Is not a significant regulatory action Federal Register]. Filing a petition for ii. Adding at the end of the table an subject to Executive Order 13211 (66 FR reconsideration by the Administrator of entry regarding the Section 110(a)(2) 28355, May 22, 2001); this final rule does not affect the finality PSD-related Infrastructure Requirements • Is not subject to requirements of of this action for the purposes of judicial 110(a)(2)(C), (D)(i)(II), and (J) for the Section 12(d) of the National review nor does it extend the time 2008 8-Hour Ozone NAAQS. Technology Transfer and Advancement within which a petition for judicial The revisions and addition read as Act of 1995 (15 U.S.C. 272 note) because review may be filed, and shall not follows: application of those requirements would postpone the effectiveness of such rule be inconsistent with the CAA; and or action. This action on the West § 52.2520 Identification of plan. • Does not provide EPA with the Virginia SIP PSD provisions may not be * * * * * discretionary authority to address, as challenged later in proceedings to (c) * * *
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State State citation [Chapter Title/subject effective EPA approval date Additional explanation/citation at 40 CFR 16–20 or 45 CSR ] date 52.2565
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[45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State State citation [Chapter Title/subject effective EPA approval date Additional explanation/citation at 40 CFR 16–20 or 45 CSR ] date 52.2565
Section 45–14–1 ...... General ...... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–2 ...... Definitions ...... 6/16/11 10/17/12 [Insert page 1. Inclusion of PM2.5 significant emissions rates number where the and precursors and GHG provisions. document begins]. 2. Taking no action on the definition of ‘‘regu- lated NSR pollutant’’ found at 45CSR14 sec- tion 2.66. only as it relates to the requirement to include condensable emissions of particu- late matter in that definition. See § 52.2522(i). Section 45–14–3 ...... Applicability ...... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–4 ...... Ambient Air Quality In- 6/16/11 10/17/12 [Insert page crements and Ceilings. number where the document begins]. Section 45–14–5 ...... Area Classification ...... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–6 ...... Prohibition of Dispersion 6/16/11 10/17/12 [Insert page Enhancement Tech- number where the niques. document begins]. Section 45–14–7 ...... Registration, Report and 6/16/11 10/17/12 [Insert page Permit Requirements number where the for Major Stationary document begins]. Sources and Major Modifications. Section 45–14–8 ...... Requirements Relating 6/16/11 10/17/12 [Insert page to Control Technology. number where the document begins]. Section 45–14–9 ...... Requirements Relating 6/16/11 10/17/12 [Insert page to the Source’s Im- number where the pact on Air Quality. document begins]. Section 45–14–10 ...... Modeling Requirements 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–11 ...... Air Quality Monitoring 6/16/11 10/17/12 [Insert page Requirements. number where the document begins]. Section 45–14–12 ...... Additional Impacts Anal- 6/16/11 10/17/12 [Insert page ysis Requirements. number where the document begins]. Section 45–14–13 ...... Additional Requirements 6/16/11 10/17/12 [Insert page and Variances for number where the Source Impacting document begins]. Federal Class 1 Areas. Section 45–14–14 ...... Procedures for Sources 6/16/11 10/17/12 [Insert page Employing Innovative number where the Control Technology. document begins]. Section 45–14–15 ...... Exclusions From Incre- 6/16/11 10/17/12 [Insert page ment Consumption. number where the document begins]. Section 45–14–16 ...... Specific Exemptions ..... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–17 ...... Public Review Proce- 6/16/11 10/17/12 [Insert page dures. number where the document begins]. Section 45–14–18 ...... Public Meetings ...... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–19 ...... Permit Transfer, Can- 6/16/11 10/17/12 [Insert page cellation and Respon- number where the sibility. document begins]. Section 45–14–20 ...... Disposition of Permits ... 6/16/11 10/17/12 [Insert page number where the document begins].
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State State citation [Chapter Title/subject effective EPA approval date Additional explanation/citation at 40 CFR 16–20 or 45 CSR ] date 52.2565
Section 45–14–21 ...... Conflict with Other Per- 6/16/11 10/17/12 [Insert page mitting Rules. number where the document begins]. Section 45–14–25 ...... Actual PALs ...... 6/16/11 10/17/12 [Insert page number where the document begins]. Section 45–14–26 ...... Inconsistency Between 6/16/11 10/17/12 [Insert page Rules. number where the document begins].
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* * * * * (e) ** *
Name of Applicable non-regulatory geographic State EPA approval date Additional explanation SIP revision area submittal date
******* Section 110(a)(2) Infra- Statewide 12/3/07, 5/21/08 8/4/11, 76 FR, 47062 ...... This action addresses the following CAA elements structure Require- or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), ments for the 1997 8- (E), (F), (G), (H), (J), (K), (L), and (M). Hour Ozone NAAQS. 12/3/07, 12/11/07, 10/17/12 [Insert page num- Approval of the following PSD-related elements or 8/31/11 ber where the document portions thereof: 110(a)(2)(D)(i)(II), except taking begins]. no action on the definition of ‘‘regulated NSR pol- lutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Section 110(a)(2) Infra- Statewide 4/3/08, 5/21/08, 8/4/11, 76 FR, 47062 ...... This action addresses the following CAA elements structure Require- 7/9/08, 3/18/10 or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), ments for the 1997 (E), (F), (G), (H), (J), (K), (L), and (M). PM2.5 NAAQS. 12/11/07, 4/3/08, 10/17/12 [Insert page num- Approval of the following PSD-related elements or 8/31/11 ber where the document portions thereof: 110(a)(2)(D)(i)(II), except taking begins]. no action on the definition of ‘‘regulated NSR pol- lutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i). Section 110(a)(2) Infra- Statewide 10/1/09, 3/18/10 8/4/11, 76 FR, 47062 ...... This action addresses the following CAA elements structure Require- or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), ments for the 2006 (E), (F), (G), (H), (J), (K), (L), and (M). PM2.5 NAAQS. 10/1/09, 8/31/11 10/17/12 [Insert page num- Approval of the following PSD-related elements or ber where the document portions thereof: 110(a)(2)(D)(i)(II), except taking begins]. no action on the definition of ‘‘regulated NSR pol- lutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i).
******* Section 110(a)(2) Infra- Statewide 10/26/11 9/10/12, 77 FR, 55417 ...... This action addresses the following CAA elements: structure Require- 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), ments for the 2008 (K), (L), and (M), or portions thereof. Lead NAAQS. 8/31/11, 10/26/11 10/17/12 [Insert page num- Approval of the following elements or portions there- ber where the document of: 110(a)(2)(C), (D)(i)(II), and (J), except taking begins]. no action on the definition of ‘‘regulated NSR pol- lutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to include condensable emissions of particulate matter in that definition. See § 52.2522(i).
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Name of Applicable non-regulatory geographic State EPA approval date Additional explanation SIP revision area submittal date
Section 110(a)(2) Infra- Statewide 8/31/11, 2/17/12 10/17/12 [Insert page num- Approval of the following PSD-related elements or structure Require- ber where the document portions thereof: 110(a)(2)(C), (D)(i)(II), and (J), ments for the 2008 8- begins]. except taking no action on the definition of ‘‘regu- Hour Ozone NAAQS. lated NSR pollutant’’ found at 45CSR14 section 2.66 only as it relates to the requirement to in- clude condensable emissions of particulate matter in that definition. See § 52.2522(i).
■ 3. In § 52.2522, paragraph (i) is added issue of the requirement to include a timely withdrawal in the Federal to read as follows. condensable emissions of particulate Register to notify the public that this matter in the definition of ‘‘regulated direct final rule will not take effect. § 52.2522 Approval status. NSR pollutant’’ found at 45CSR14 ADDRESSES: Submit comments, * * * * * section 2.66. EPA is not finalizing its identified by docket number EPA–R09– (i)(1) EPA is fully approving WVDEP’s July 31, 2012 proposed approval (77 FR OAR–2012–0754, by one of the August 31, 2011 submittal, except for 45302) of WVDEP’s SIP submissions following methods: the narrow issue of the requirement to dated December 3, 2007, December 11, 1. Federal eRulemaking Portal: include condensable emissions of 2007, April 3, 2008, October 1, 2009, www.regulations.gov. Follow the on-line particulate matter in the definition of October 26, 2011, and February 17, 2012 instructions. ‘‘regulated NSR pollutant’’ found at submitted to meet the PSD-related 45CSR14 section 2.66. Except for this infrastructure SIP obligations set forth at 2. Email: [email protected]. narrow issue, EPA is approving all other CAA sections 110(a)(2)(C), (D)(i)(II) and 3. Mail or deliver: Andrew Steckel portions of the submittal, including but (J) with respect to the narrow issue of (Air-4), U.S. Environmental Protection not limited to, the remainder of section the requirement to include condensable Agency Region IX, 75 Hawthorne Street, 2.66. In approving West Virginia State emissions of particulate matter in the San Francisco, CA 94105–3901. Rule 45CSR14 with regard to all other definition of ‘‘regulated NSR pollutant’’ Instructions: All comments will be CAA and Federal regulatory SIP found at 45CSR14 section 2.66. EPA included in the public docket without requirements for PSD applicable as of will address this issue in a separate change and may be made available the August 31, 2011 SIP revision action. online at www.regulations.gov, submission date, EPA is acknowledging [FR Doc. 2012–25386 Filed 10–16–12; 8:45 am] including any personal information that it is consistent with the ‘‘Prevention provided, unless the comment includes BILLING CODE 6560–50–P of Significant Deterioration and Title V Confidential Business Information (CBI) Greenhouse Gas Tailoring Rule’’ or other information whose disclosure is (Tailoring Rule), which was ENVIRONMENTAL PROTECTION restricted by statute. Information that promulgated on June 3, 2010 (75 FR AGENCY you consider CBI or otherwise protected 31514). EPA is not finalizing its should be clearly identified as such and proposed approval of WVDEP’s August 40 CFR Part 52 should not be submitted through 31, 2011 submittal with respect to the www.regulations.gov or email narrow issue of the requirement to [EPA–R09–OAR–2012–0754; FRL–9740–7] www.regulations.gov is an ‘‘anonymous include condensable emissions of Revisions to the California State access’’ system, and EPA will not know particulate matter in the definition of Implementation Plan, Sacramento your identity or contact information ‘‘regulated NSR pollutant’’ found at Metropolitan Air Quality Management unless you provide it in the body of 45CSR14 section 2.66. In light of a District your comment. If you send email comment received on its July 31, 2012 directly to EPA, your email address will proposed rule (77 FR 45302), EPA is AGENCY: Environmental Protection be automatically captured and included reviewing West Virginia State Rule Agency (EPA). as part of the public comment. If EPA 45CSR14 to determine the extent to ACTION: Direct final rule. cannot read your comment due to which its definition of ‘‘regulated NSR technical difficulties and cannot contact pollutant’’ satisfies the corresponding SUMMARY: EPA is taking direct final you for clarification, EPA may not be Federal definition, and will address this action to approve revisions to the able to consider your comment. issue in a separate action. Sacramento Metropolitan Air Quality Docket: The index to the docket for (2) EPA is also approving those Management District (SMAQMD) this action is available electronically at portions of West Virginia’s SIP portion of the California State www.regulations.gov and in hard copy submissions dated December 3, 2007, Implementation Plan (SIP). These at EPA Region IX, 75 Hawthorne Street, December 11, 2007, April 3, 2008, revisions concern negative declarations San Francisco, California. While all October 1, 2009, October 26, 2011, and for volatile organic compound (VOC) documents in the docket are listed in February 17, 2012 which address the source categories for the SMAQMD. We the index, some information may be PSD-related requirements set forth in are approving these negative publicly available only at the hard copy CAA section 110(a)(2)(D)(i)(II) for the declarations under the Clean Air Act as location (e.g., copyrighted material), and 1997 PM2.5 NAAQS, 1997 8-hour ozone amended in 1990 (CAA or the Act). some may not be publicly available in NAAQS, 2006 PM2.5 NAAQS, 2008 lead DATES: This rule is effective on either location (e.g., CBI). To inspect the NAAQS, and 2008 ozone NAAQS, as December 17, 2012 without further hard copy materials, please schedule an well as CAA Section 110(a)(2)(C) and (J) notice, unless EPA receives adverse appointment during normal business for the 2008 lead NAAQS and 2008 comments by November 16, 2012. If we hours with the contact listed in the FOR ozone NAAQS, except for the narrow receive such comments, we will publish FURTHER INFORMATION CONTACT section.
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FOR FURTHER INFORMATION CONTACT: A. What negative declarations did the State III. Administrative Requirements submit? Cynthia Allen, EPA Region IX, (415) I. The State’s Submittal 947–4120, [email protected]. B. Are there other versions of these negative declarations? A. What negative declarations did the C. What is the purpose of the submitted SUPPLEMENTARY INFORMATION: State submit? Throughout this document, ‘‘we,’’ ‘‘us’’ negative declarations? II. EPA’s Evaluation and Action Table 1 lists the negative declarations and ‘‘our’’ refer to EPA. A. How is EPA evaluating the negative we are approving with the dates that Table of Contents declarations? B. Do the negative declarations meet the they were adopted by the SMAQMD and I. The State’s Submittal evaluation criteria? submitted by the California Air C. Public Comment and Final Action Resources Board (CARB).
TABLE 1—SUBMITTED NEGATIVE DECLARATIONS
Local agency Title Adopted Submitted
SMAQMD ...... Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, September 2008) ...... 03/22/12 07/12/12 SMAQMD ...... Automobile and Light-Duty Truck Assembly Coatings (EPA–453/R–08–006, September 03/22/12 07/12/12 2008).
On August 16, 2012, EPA determined B. Do the negative declarations meet the imposed by State law. For that reason, that the SMAQMD Negative evaluation criteria? this action: Declarations submitted on July 12, 2012, • Is not a ‘‘significant regulatory met the completeness criteria in 40 CFR We believe these negative action’’ subject to review by the Office part 51 Appendix V, which must be met declarations are consistent with the of Management and Budget under before formal EPA review. relevant policy and guidance regarding Executive Order 12866 (58 FR 51735, RACT and SIP relaxations. The TSD has October 4, 1993); B. Are there other versions of these more information on our evaluation. • Does not impose an information negative declarations? C. Public Comment and Final Action collection burden under the provisions There are no previous versions of of the Paperwork Reduction Act (44 these negative declarations. As authorized in section 110(k)(3) of U.S.C. 3501 et seq.); the Act, EPA is fully approving the • C. What is the purpose of the submitted Is certified as not having a submitted negative declarations as negative declarations? significant economic impact on a additional information to the SIP substantial number of small entities The negative declarations were because we believe they fulfill all under the Regulatory Flexibility Act (5 submitted to meet the requirements of relevant requirements. We do not think U.S.C. 601 et seq.); CAA section 182(b)(2). Ozone anyone will object to this approval, so • Does not contain any unfunded nonattainment areas classified at we are finalizing it without proposing it mandate or significantly or uniquely moderate and above are required to in advance. However, in the Proposed affect small governments, as described adopt VOC regulations for the published Rules section of this Federal Register, in the Unfunded Mandates Reform Act Control Techniques Guidelines (CTG) we are simultaneously proposing of 1995 (Pub. L. 104–4); categories and for major non-CTG approval of these negative declarations. • Does not have Federalism sources of VOC or NOX. If a If we receive adverse comments by implications as specified in Executive nonattainment area does not have November 16, 2012, we will publish a Order 13132 (64 FR 43255, August 10, stationary sources covered by an EPA timely withdrawal in the Federal 1999); published CTG, then the area is required Register to notify the public that the • Is not an economically significant to submit a negative declaration. The direct final approval will not take effect regulatory action based on health or negative declarations were submitted and we will address the comments in a safety risks subject to Executive Order because there are no applicable sources subsequent final action based on the 13045 (62 FR 19885, April 23, 1997); within the SMAQMD jurisdiction. proposal. If we do not receive timely • Is not a significant regulatory action EPA’s technical support document adverse comments, the direct final subject to Executive Order 13211 (66 FR (TSD) has more information about these approval will be effective without 28355, May 22, 2001); negative declarations. further notice on December 17, 2012. • Is not subject to requirements of Section 12(d) of the National II. EPA’s Evaluation and Action III. Administrative Requirements Technology Transfer and Advancement A. How is EPA evaluating the negative Under the Clean Air Act, the Act of 1995 (15 U.S.C. 272 note) because declarations? Administrator is required to approve a application of those requirements would The negative declarations are SIP submission that complies with the be inconsistent with the Clean Air Act; submitted as SIP revisions and must be provisions of the Act and applicable and consistent with CAA requirements for Federal regulations. 42 U.S.C. 7410(k); • Does not interfere with Executive Reasonably Available Control 40 CFR 52.02(a). Thus, in reviewing SIP Order 12898 (59 FR 7629 (Feb. 16, Technology (RACT) (see section submissions, EPA’s role is to approve 1994)) because EPA lacks the 182(b)(2)) and SIP relaxation (see State choices, provided that they meet discretionary authority to address sections 110(1) and 193.) To do so, the the criteria of the Clean Air Act. environmental justice in this submittal should provide reasonable Accordingly, this action merely rulemaking. assurance that no sources subject to the approves State law as meeting Federal In addition, this rule does not have CTG requirements currently exist or are requirements and does not impose tribal implications as specified by planned for the SMAQMD. additional requirements beyond those Executive Order 13175 (65 FR 67249,
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November 9, 2000), because the SIP is PART 52—[AMENDED] Public Reading Room is open from 8:30 not approved to apply in Indian country a.m. to 4:30 p.m., Monday through located in the State, and EPA notes that ■ 1. The authority citation for Part 52 Friday, excluding legal holidays. The it will not impose substantial direct continues to read as follows: telephone number for the Public costs on tribal governments or preempt Authority: 42 U.S.C. 7401 et seq. Reading Room is (202) 566–1744, and tribal law. the telephone number for the OPP The Congressional Review Act, 5 Subpart F—California Docket is (703) 305–5805. Please review U.S.C. 801 et seq., as added by the Small the visitor instructions and additional ■ 2. Section 52.222 is amended by Business Regulatory Enforcement information about the docket available adding paragraph (a)(2)(iii) to read as Fairness Act of 1996, generally provides at http://www.epa.gov/dockets. follows: that before a rule may take effect, the FOR FURTHER INFORMATION CONTACT: agency promulgating the rule must § 52.222 Negative declarations. Amaris Johnson, Registration Division submit a rule report, which includes a (a) * * * (7505P), Office of Pesticide Programs, copy of the rule, to each House of the (2) * * * Environmental Protection Agency, 1200 Congress and to the Comptroller General (iii) Fiberglass and Boat Pennsylvania Ave. NW., Washington, of the United States. EPA will submit a Manufacturing Materials and DC 20460–0001; telephone number: report containing this action and other Automobile and Light-Duty Truck (703) 305–9542; email address: required information to the U.S. Senate, Assembly Coatings were submitted on [email protected]. the U.S. House of Representatives, and July 12, 2012 and adopted on March 22, SUPPLEMENTARY INFORMATION: the Comptroller General of the United 2012. I. General Information States prior to publication of the rule in * * * * * the Federal Register. A major rule [FR Doc. 2012–25383 Filed 10–16–12; 8:45 am] A. Does this action apply to me? cannot take effect until 60 days after it BILLING CODE 6560–50–P is published in the Federal Register. You may be potentially affected by This action is not a ‘‘major rule’’ as this action if you are an agricultural producer, food manufacturer, or defined by 5 U.S.C. 804(2). ENVIRONMENTAL PROTECTION pesticide manufacturer. Potentially Under section 307(b)(1) of the Clean AGENCY Air Act, petitions for judicial review of affected entities may include, but are this action must be filed in the United 40 CFR Part 180 not limited to those engaged in the States Court of Appeals for the following activities: [EPA–HQ–OPP–2011–0759; FRL–9364–9] • appropriate circuit by December 17, Crop production (NAICS code 111). • Animal production (NAICS code 2012. Filing a petition for Buprofezin; Pesticide Tolerances reconsideration by the Administrator of 112). • Food manufacturing (NAICS code this final rule does not affect the finality AGENCY: Environmental Protection 311). of this action for the purposes of judicial Agency (EPA). • Pesticide manufacturing (NAICS review nor does it extend the time ACTION: Final rule. code 32532). within which a petition for judicial This listing is not intended to be review may be filed, and shall not SUMMARY: This regulation establishes tolerances for residues of the insecticide exhaustive, but rather to provide a guide postpone the effectiveness of such rule for readers regarding entities likely to be or action. Parties with objections to this buprofezin in or on multiple commodities which are identified and affected by this action. Other types of direct final rule are encouraged to file a entities not listed in this unit could also comment in response to the parallel discussed later in this document. In addition, this regulation removes be affected. The North American notice of proposed rulemaking for this Industrial Classification System action published in the Proposed Rules established tolerances for certain commodities/groups superseded by this (NAICS) codes have been provided to section of today’s Federal Register, assist you and others in determining rather than file an immediate petition action, and corrects the spelling of some commodities. The Interregional whether this action might apply to for judicial review of this direct final certain entities. If you have any rule, so that EPA can withdraw this Research Project #4 (IR–4) and Nichino America Inc. requested these tolerances questions regarding the applicability of direct final rule and address the this action to a particular entity, consult comment in the proposed rulemaking. under the Federal Food, Drug, and Cosmetic Act (FFDCA). the person listed under FOR FURTHER This action may not be challenged later INFORMATION CONTACT. in proceedings to enforce its DATES: This regulation is effective requirements (see section 307(b)(2)). October 17, 2012. Objections and B. How can I get electronic access to requests for hearings must be received other related information? List of Subjects in 40 CFR Part 52 on or before December 17, 2012, and You may access a frequently updated Environmental protection, Air must be filed in accordance with the electronic version of EPA’s tolerance pollution control, Incorporation by instructions provided in 40 CFR part regulations at 40 CFR part 180 through reference, Intergovernmental relations, 178 (see also Unit I.C. of the the Government Printing Office’s e-CFR Ozone, Reporting and recordkeeping SUPPLEMENTARY INFORMATION). site at http://ecfr.gpoaccess.gov/cgi/t/ requirements, Volatile organic ADDRESSES: The docket for this action, text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ compounds. identified by docket identification (ID) Title40/40tab_02.tpl. Dated: September 27, 2012. number EPA–HQ–OPP–2011–0759, is available at http://www.regulations.gov C. How can I file an objection or hearing Jared Blumenfeld, request? Regional Administrator, Region IX. or in hard copy at the OPP Docket in the Environmental Protection Agency Under FFDCA section 408(g), 21 Part 52, Chapter I, Title 40 of the Code Docket Center (EPA/DC), located in EPA U.S.C. 346a, any person may file an of Federal West, Rm. 3334, 1301 Constitution Ave. objection to any aspect of this regulation Regulations is amended as follows: NW., Washington, DC 20460–0001. The and may also request a hearing on those
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objections. You must file your objection 3(1-methylethyl)-5-phenyl-4H -1,3,5- and to make a determination on or request a hearing on this regulation thiadiazin-4-one) in or on bean, aggregate exposure for buprofezin in accordance with the instructions succulent at 0.02 parts per million including exposure resulting from the provided in 40 CFR part 178. To ensure (ppm); Brassica, leafy greens, subgroup tolerances established by this action. proper receipt by EPA, you must 5B at 55 ppm; turnip, greens at 55 ppm; EPA’s assessment of exposures and risks identify docket ID number EPA–HQ– vegetable, fruiting, group 8–10 at 3.0 associated with buprofezin follows. OPP–2011–0759 in the subject line on ppm; fruit, citrus, group 10–10 at 2.5 A. Toxicological Profile the first page of your submission. All ppm; fruit, pome, group 11–10 at 4.0 objections and requests for a hearing ppm; persimmon at 1.9 ppm; and tea at EPA has evaluated the available must be in writing, and must be 20 ppm (PP 1E7908) and PP 1F7905 toxicity data and considered its validity, received by the Hearing Clerk on or requested tolerances for residues in or completeness, and reliability as well as before December 17, 2012. Addresses for on nut, tree, group 14 at 0.05 ppm and the relationship of the results of the mail and hand delivery of objections pistachios at 0.05 ppm. PP 1E7908 also studies to human risk. EPA has also and hearing requests are provided in 40 requested removal of tolerances for non- considered available information CFR 178.25(b). bell pepper; fruiting vegetable group 8, concerning the variability of the In addition to filing an objection or except non-bell pepper; fruit, citrus, sensitivities of major identifiable hearing request with the Hearing Clerk group 10; and fruit, pome, group 11 subgroups of consumers, including as described in 40 CFR part 178, please which will be covered by the newly infants and children. submit a copy of the filing that does not requested tolerances. That notice Buprofezin has low acute toxicity via contain any CBI for inclusion in the referenced a summary of the petition the oral, dermal and inhalation routes of public docket. Information not marked prepared by Nichino America, Inc., the exposure. It is not an eye or skin irritant; confidential pursuant to 40 CFR part 2 registrant, which is available in the nor is it a dermal sensitizer. In may be disclosed publicly by EPA docket, http://www.regulations.gov. subchronic toxicity studies, the primary without prior notice. Submit a copy of Two general comments were received effects of concern in the rat were your non-CBI objection or hearing on the notice of filings. EPA’s response increased microscopic lesions in male request, identified by docket ID number to these comments is discussed in Unit and female liver and thyroid, increased EPA–HQ–OPP–2011–0759, by one of IV.C. liver weights in males and females, and the following methods: Based upon review of the data increased thyroid weight in males. In • Federal eRulemaking Portal: http:// supporting the petition, EPA has revised chronic studies in the rat, an increased www.regulations.gov. Follow the online the proposed tolerance levels for several incidence of follicular cell hyperplasia instructions for submitting comments. commodities. Due to insufficient data, and hypertrophy in the thyroid of males Do not submit electronically any EPA is not establishing the citrus group was reported. Increased relative liver information you consider to be 10–10 tolerance. The reasons for these weights were reported in female dogs. Confidential Business Information (CBI) changes are explained in Unit IV.D. Buprofezin was not carcinogenic to or other information whose disclosure is male and female rats. In the mouse, III. Aggregate Risk Assessment and restricted by statute. increased absolute liver weights in • Mail: OPP Docket, Environmental Determination of Safety males and females, along with an Protection Agency Docket Center (EPA/ Section 408(b)(2)(A)(i) of FFDCA increased incidence of hepatocellular DC), Mail Code: 28221T, 1200 allows EPA to establish a tolerance (the adenomas and hepatocellular adenomas Pennsylvania Ave. NW., Washington, legal limit for a pesticide chemical plus carcinomas in females were DC 20460–0001. residue in or on a food) only if EPA reported. The increase in carcinomas • Hand Delivery: To make special determines that the tolerance is ‘‘safe.’’ was not statistically significant when arrangements for hand delivery or Section 408(b)(2)(A)(ii) of FFDCA analyzed separately. Based on the delivery of boxed information, please defines ‘‘safe’’ to mean that ‘‘there is a increased incidence of combined benign follow the instructions at http:// reasonable certainty that no harm will and malignant liver tumors in female www.epa.gov/dockets/contacts.htm. result from aggregate exposure to the mice only, no evidence of Additional instructions on commenting pesticide chemical residue, including carcinogenicity in rats, and no evidence or visiting the docket, along with more all anticipated dietary exposures and all of genotoxicity in submitted guideline information about dockets generally, is other exposures for which there is studies using in vitro and in vivo available at reliable information.’’ This includes genotoxicity assays, EPA classified http://www.epa.gov/dockets. exposure through drinking water and in buprofezin as having no greater than residential settings, but does not include suggestive evidence of carcinogenicity. II. Summary of Petitioned-for Tolerance occupational exposure. Section Developmental and reproductive In the Federal Register of November 408(b)(2)(C) of FFDCA requires EPA to toxicity studies do not indicate concern 9, 2011 (76 FR 69690) (FRL–9325–1), give special consideration to exposure for increased susceptibility in offspring. EPA issued a notice pursuant to FFDCA of infants and children to the pesticide Toxicity in the offspring was found at section 408(d)(3), 21 U.S.C. 346a(d)(3), chemical residue in establishing a dose levels that were also toxic to the announcing the filing of pesticide tolerance and to ‘‘ensure that there is a parent and the effects observed in the petition (PP) 1E7908 by Interregional reasonable certainty that no harm will offspring were not more severe, Research Project Number 4 (IR–4), 500 result to infants and children from qualitatively, than the effects observed College Road East, Suite 201 W, aggregate exposure to the pesticide in the parent. No neurotoxic effects Princeton, NJ 08540, and PP 1F7905 by chemical residue * * *.’’ were observed at any dose in a Nichino America, Inc., 4550 New Consistent with FFDCA section subchronic neurotoxicity study in rats at Linden Hill Road, Suite 501, 408(b)(2)(D), and the factors specified in the highest dietary doses of 5,000 ppm. Wilmington, DE. The petitions FFDCA section 408(b)(2)(D), EPA has An immunotoxicity study did not requested that 40 CFR 180.511 be reviewed the available scientific data demonstrate immunotoxic effects by amended by establishing tolerances for and other relevant information in buprofezin. A special study is required residues of the insecticide buprofezin support of this action. EPA has to generate specific data on the thyroid (2-[(1,1-dimethylethyl)imino]tetrahydro- sufficient data to assess the hazards of to protect the developing nervous
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system from thyroid hormone B. Toxicological Points of Departure/ with the POD to calculate a safe disrupting chemicals. Levels of Concern exposure level—generally referred to as a population-adjusted dose (PAD) or a Specific information on the studies Once a pesticide’s toxicological received and the nature of the adverse reference dose (RfD)—and a safe margin profile is determined, EPA identifies of exposure (MOE). For non-threshold effects caused by buprofezin as well as toxicological points of departure (POD) risks, the Agency assumes that any the no-observed-adverse-effect-level and levels of concern to use in amount of exposure will lead to some (NOAEL) and the lowest-observed- evaluating the risk posed by human degree of risk. Thus, the Agency adverse-effect-level (LOAEL) from the exposure to the pesticide. For hazards estimates risk in terms of the probability toxicity studies can be found at http:// that have a threshold below which there of an occurrence of the adverse effect www.regulations.gov in the document is no appreciable risk, the toxicological expected in a lifetime. For more ‘‘Buprofezin Human Health Risk POD is used as the basis for derivation information on the general principles Assessment for Proposed Use of of reference values for risk assessment. EPA uses in risk characterization and a Buprofezin on Tree Nut Crop Group 14 PODs are developed based on a careful complete description of the risk including Pistachio, Brassica Leafy analysis of the doses in each assessment process, see http:// Greens Subgroup 5B, Turnip Greens, toxicological study to determine the www.epa.gov/pesticides/factsheets/risk Tea and Persimmon & Expanded Uses dose at which no adverse effects are assess.htm. on Fruiting Vegetables, Succulent observed (the NOAEL) and the lowest A summary of the toxicological Beans, Citrus Fruit, and Pome Fruit,’’ dose at which adverse effects of concern endpoints for buprofezin used for pp. 40—42 in docket ID number EPA– are identified (the LOAEL). Uncertainty/ human risk assessment is shown in the HQ–OPP–2011–0759. safety factors are used in conjunction Table of this unit.
TABLE—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR BUPROFEZIN FOR USE IN HUMAN HEALTH RISK ASSESSMENT
Point of departure and un- RfD, PAD, LOC for risk Exposure/scenario certainty/safety factors assessment Study and toxicological effects
Acute dietary (Females 13– NOAEL = 200 mg/kg/day Acute RfD = 2.0 mg/kg/day Developmental Toxicity Study-Rat. 49 years of age). UFA = 10 aPAD = 2.0 mg/kg/day LOAEL = 800 mg/kg/day based on reduced ossifica- UFH = 10 tion & decreased body weight in offspring. FQPA SF = 1x
Acute dietary (General pop- No endpoint is available for this population because no effect attributable to a single day oral exposure was ob- ulation including infants served in animal studies. and children).
Chronic dietary (All popu- NOAEL= 1.0 mg/kg/day Chronic RfD = 0.033 mg/ Two-year Chronic Toxicity/Carcinogenicity Study-Rat. lations). UFA = 3 kg/day LOAEL = 8.7 mg/kg/day based on increased incidence UFH = 10 cPAD = 0.0033 mg/kg/day of follicular cell hyperplasia and hypertrophy in the FQPA SF = 10 UFDB thyroid of males.
Cancer (Oral, dermal, inha- Suggestive Evidence of Carcinogenicity. The cRfD would be protective of potential carcinogenic effects from ex- lation). posure to buprofezin. FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFDB = to account for the absence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies).
C. Exposure Assessment dietary exposure, EPA used food commodities, except for tomato paste consumption information from the and puree, which were reduced based 1. Dietary exposure from food and United States Department of Agriculture on empirical data. Total residues of feed uses. In evaluating dietary (USDA) 1994–1996 and 1998 concern in meat and milk were based on exposure to buprofezin, EPA considered Nationwide Continuing Surveys of Food feeding study data. EPA also assumed exposure under the petitioned-for Intake by Individuals (CSFII). As to 100 percent crop treated (PCT) for all tolerances as well as all existing residue levels in food, EPA assumed commodities. buprofezin tolerances in 40 CFR tolerance level residues for buprofezin ii. Chronic exposure. In conducting 180.511. EPA assessed dietary and estimated residue levels of the BF4 the chronic dietary exposure assessment exposures from buprofezin in food as Conjugate, a metabolite of concern, EPA used the food consumption data follows: based on buprofezin metabolism data. from the USDA 1994–1996 and 1998 i. Acute exposure. Quantitative acute The BF4 Conjugate is not detectable by CSFII. A refined chronic dietary dietary exposure and risk assessments data collection methods and thus is not analysis was conducted using PCT are performed for a food-use pesticide, included in the tolerance level. Given estimates when available and 100 PCT if a toxicological study has indicated the the potential for the buprofezin for all other crops. Buprofezin residues possibility of an effect of concern metabolites BF9 and BF12 to in crop commodities were estimated occurring as a result of a 1-day or single concentrate to a greater degree than based on average residue levels from exposure. buprofezin in processed commodities, field trial data, average residue levels Such effects were identified for Dietary Exposure Evaluation Model from USDA Pesticide Data Program buprofezin in the population subgroup (DEEM) (Version 7.81) default (PDP) data, or tolerance level residues. females age 13–49. In estimating acute processing factors were retained for all As with the acute exposure assessment,
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EPA estimated residue levels of the food and the actual levels of pesticide maximum PCT figure is the highest metabolite BF4 Conjugate were based on residues that have been measured in observed maximum value reported metabolism data. Given the potential for food. If EPA relies on such information, within the recent 6 years of available the buprofezin metabolites BF9 and EPA must require pursuant to FFDCA public and private market survey data BF12 to concentrate to a greater degree section 408(f)(1) that data be provided 5 for the existing use and rounded up to than buprofezin in processed years after the tolerance is established, the nearest multiple of 5%. commodities, DEEM (Version 7.81) modified, or left in effect, demonstrating Buprofezin has only been registered default processing factors were retained that the levels in food are not above the for use on some commodities since late for all commodities, except for tomato levels anticipated. For the present 2009. Therefore, PCT estimates based on paste and puree, which were reduced action, EPA will issue such data call-ins actual usage data were not deemed based on empirical data. Total residues as are required by FFDCA section sufficient indicators of potential usage of concern in meat and milk were based 408(b)(2)(E) and authorized under on these recently registered crops. In on feeding study data. FFDCA section 408(f)(1). Data will be 2009 the EPA used PCT estimates for iii. Cancer. EPA determines whether required to be submitted no later than these commodities based on the market quantitative cancer exposure and risk 5 years from the date of issuance of leader approach and has determined assessments are appropriate for a food- these tolerances. these are still appropriate estimates to use pesticide based on the weight of the Section 408(b)(2)(F) of FFDCA states be used in risk assessment. The Agency evidence from cancer studies and other that the Agency may use data on the estimated the PCT for the uses relevant data. Cancer risk is quantified actual percent of food treated for registered in 2009 as follows: using a linear or nonlinear approach. If assessing chronic dietary risk only if: Spinach 30%; Celery 18%; Broccoli sufficient information on the • Condition a: The data used are 55%; Cabbage 40%, Celery 18%, carcinogenic mode of action is available, reliable and provide a valid basis to Chinese Broccoli 55%; Brussel Sprouts a threshold or nonlinear approach is show what percentage of the food 61%; Cauliflower 48%; Kohlrabi 5%; used and a cancer RfD is calculated derived from such crop is likely to Apple 5%; Apricot 51%; Cherry 72%; based on an earlier noncancer key event. contain the pesticide residue. Nectarine 51%; Peach 13%; Plum 37%; If carcinogenic mode of action data are • Condition b: The exposure estimate Grape 15%; Strawberry 39%; not available, or if the mode of action does not underestimate exposure for any For additional information regarding data determines a mutagenic mode of significant subpopulation group. the PCT estimates for these commodities action, a default linear cancer slope • Condition c: Data are available on refer to the final rule published in the factor approach is utilized. Based on the pesticide use and food consumption in Federal Register of July 10, 2009 (74 FR data summarized in Unit III.A., EPA has a particular area, the exposure estimate 33153) (FRL–8421–3). concluded that a nonlinear RfD does not understate exposure for the The Agency believes that the three approach is appropriate for assessing population in such area. conditions discussed in Unit III.C.1.iv. cancer risk to buprofezin and the cRfD In addition, the Agency must provide have been met. With respect to would be protective of cancer effects. for periodic evaluation of any estimates Condition a, PCT estimates are derived The cRfD was based on an endpoint used. To provide for the periodic from Federal and private market survey of toxicity from a rat combined chronic/ evaluation of the estimate of PCT as data, which are reliable and have a valid oncogenicity study. The NOAEL in this required by FFDCA section 408(b)(2)(F), basis. The Agency is reasonably certain study was 1.0 mg/kg/day based on EPA may require registrants to submit that the percentage of the food treated increased incidence of follicular cell data on PCT. is not likely to be an underestimation. hyperplasia and hypertrophy in the The Agency estimated the PCT for As to Conditions b and c, regional thyroid of males at 8.7 mg/kg/day. existing uses as follows: consumption information and Buprofezin was not carcinogenic in rats. Almond 1%; Cantaloupes 5%; Cotton consumption information for significant Administration of buprofezin in the diet 1%; Grapefruit 1%; Honeydew 2.5%: subpopulations is taken into account was associated with increased incidence Lemons 2.5%; Lettuce (head and leaf) through EPA’s computer-based model of liver tumors in female mice only at 1%; Oranges 2.5%; Pears 15%; Pistachio for evaluating the exposure of the mid- and high-doses but not at the 5%; Pumpkins 1%; Squash (summer) significant subpopulations including low dose of 1.82 mg/kg/day which was 1%; Tomatoes 2.5%; Watermelons several regional groups. Use of this considered to be the NOAEL for the 2.5%. consumption information in EPA’s risk females. Because the positive evidence In most cases, EPA uses available data assessment process ensures that EPA’s of cancer was limited to one sex of one from United States Department of exposure estimate does not understate species (female mice), there was no Agriculture/National Agricultural exposure for any significant evidence of mutagenicity, and no Statistics Service (USDA/NASS), subpopulation group and allows the carcinogenic effects in rats, EPA proprietary market surveys, and the Agency to be reasonably certain that no concluded that the weight-of-the- National Pesticide Use Database for the regional population is exposed to evidence indicated that the carcinogenic chemical/crop combination for the most residue levels higher than those findings in female mice are a threshold recent 6–7 years. EPA uses an average estimated by the Agency. Other than the effect. The NOAEL of 1 mg/kg/day from PCT for chronic dietary risk analysis. data available through national food the rat study on which the cRfD is based The average PCT figure for each existing consumption surveys, EPA does not on is lower than the NOAEL for liver use is derived by combining available have available reliable information on tumors of 1.82 mg/kg/day from the public and private market survey data the regional consumption of food to mouse. Therefore, the cRfD would be for that use, averaging across all which buprofezin may be applied in a protective of potential carcinogenic observations, and rounding to the particular area. effects from exposure to buprofezin. nearest 5%, except for those situations 2. Dietary exposure from drinking iv. Anticipated residue and PCT in which the average PCT is less than water. The Agency used screening level information. Section 408(b)(2)(E) of one. In those cases, 1% is used as the water exposure models in the dietary FFDCA authorizes EPA to use available average PCT and 2.5% is used as the exposure analysis and risk assessment data and information on the anticipated maximum PCT. EPA uses a maximum for buprofezin in drinking water. These residue levels of pesticide residues in PCT for acute dietary risk analysis. The simulation models take into account
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data on the physical, chemical, and fate/ D. Safety Factor for Infants and Agency is requiring a developmental transport characteristics of buprofezin. Children thyroid study. Further information regarding EPA 1. In general. Section 408(b)(2)(C) of ii. There is no indication that drinking water models used in pesticide FFDCA provides that EPA shall apply buprofezin is a neurotoxic chemical and exposure assessment can be found at an additional tenfold (10x) margin of there is no need for a developmental http://www.epa.gov/oppefed1/models/ safety for infants and children in the neurotoxicity study or additional UFs to water/index.htm. case of threshold effects to account for account for neurotoxicity. Based on the Pesticide Root Zone prenatal and postnatal toxicity and the iii. There is no evidence that Model/Exposure Analysis Modeling completeness of the database on toxicity buprofezin results in increased System (PRZM/EXAMS) and Screening and exposure unless EPA determines susceptibility to in utero rats or rabbits Concentration in Ground Water (SCI– based on reliable data that a different in the prenatal developmental studies or GROW) models, the estimated drinking margin of safety will be safe for infants in young rats in the 2-generation water concentrations (EDWCs) of and children. This additional margin of reproduction study. buprofezin for acute exposures are safety is commonly referred to as the iv. There are no residual uncertainties estimated to be 58.2 parts per billion FQPA Safety Factor (SF). In applying identified in the exposure databases. (ppb) for surface water and 0.09 ppb for this provision, EPA either retains the The acute dietary food exposure ground water. The EDWCs for chronic default value of 10x, or uses a different assessment was performed based on 100 exposures are estimated to be 18.6 ppb additional safety factor when reliable PCT and a conservative estimate of total for surface water and 0.09 ppb for data available to EPA support the choice residues of concern for buprofezin. The ground water. of a different factor. chronic dietary food exposure Modeled estimates of drinking water 2. Prenatal and postnatal sensitivity. assessment was performed based, in concentrations were directly entered There is no evidence of increased part on, average field trial residues, into the dietary exposure model. For quantitative or qualitative susceptibility average USDA PDP residues, and PCT acute dietary risk assessment, the water following in utero (rats and rabbits) and were used where available. Nonetheless, concentration value of 58.2 ppb was pre-and post-natal exposure (rats) to the chronic exposure assessment is used to assess the contribution to buprofezin. conservative and is likely to drinking water. For chronic dietary risk 3. Conclusion. EPA has determined overestimate risks based on a number of assessment, the water concentration that reliable data show the safety of factors including, use of 100 PCT value of 18.6 ppb was used to assess the infants and children would be assumptions for several crops for which contribution to drinking water. adequately protected if the FQPA SF data were unavailable, use of a 3. From non-dietary exposure. The were reduced to 1x for acute exposures. conservative factor to account for the term ‘‘residential exposure’’ is used in However, the 10x FQPA safety factor BF4 Conjugate, use of default processing this document to refer to non- has been retained for chronic exposure. factors, and use of drinking water occupational, non-dietary exposure These decisions are based on the exposure estimates for application of (e.g., for lawn and garden pest control, following findings: buprofezin to coffee, which is grown in indoor pest control, termiticides, and i. The toxicity database for buprofezin limited areas of the U.S. (e.g., Puerto flea and tick control on pets). is complete except for submission of the Rico, Hawaii). Likewise, EPA made Buprofezin is not registered for any thyroid toxicity study that will inform conservative (protective) assumptions in specific use patterns that would result the Agency’s understanding of the ground and surface water modeling in residential exposure. buprofezin’s chronic effects. A chronic used to assess exposure to buprofezin in 4. Cumulative effects from substances POD of 1.0 mg/kg/day (NOAEL) was drinking water. These assessments will with a common mechanism of toxicity. selected for the general population from not underestimate the exposure and Section 408(b)(2)(D)(v) of FFDCA a 2-year chronic feeding study in rats risks posed by buprofezin. requires that, when considering whether based on increased incidence of E. Aggregate Risks and Determination of to establish, modify, or revoke a follicular cell hyperplasia and Safety tolerance, the Agency consider hypertrophy in the thyroid in males at ‘‘available information’’ concerning the the LOAEL of 8.7 mg/kg/day. A UF 300× EPA determines whether acute and cumulative effects of a particular (10× for intraspecies variation; 3× for chronic dietary pesticide exposures are pesticide’s residues and ‘‘other interspecies extrapolation—reduced safe by comparing aggregate exposure substances that have a common from 10× based on demonstrated estimates to the acute PAD (aPAD) and mechanism of toxicity.’’ evidence that rats are more susceptible chronic PAD (cPAD). For linear cancer EPA has not found buprofezin to to thyroid effects than humans; 10× for risks, EPA calculates the lifetime share a common mechanism of toxicity protection of infants and children) was probability of acquiring cancer given the with any other substances, and applied to the dose to obtain a cPAD. estimated aggregate exposure. Short-, buprofezin does not appear to produce The 10× FQPA Safety Factor was intermediate-, and chronic-term risks a toxic metabolite produced by other retained due to uncertainty caused by are evaluated by comparing the substances. For the purposes of this the lack of a thyroid assay in young rats. estimated aggregate food, water, and tolerance action, therefore, EPA has In rat chronic, subchronic, and residential exposure to the appropriate assumed that buprofezin does not have reproductive toxicity studies effects PODs to ensure that an adequate MOE a common mechanism of toxicity with such as thyroid enlargement and exists. other substances. For information follicular cell hyperplasia were seen in 1. Acute risk. Using the exposure regarding EPA’s efforts to determine adult animals. However, hormone assumptions discussed in this unit for which chemicals have a common levels, thyroid organ weights, and acute exposure, the acute dietary mechanism of toxicity and to evaluate histopathology were not evaluated for exposure from food and water to the cumulative effects of such pups in any reproductive studies. To buprofezin will occupy 5% of the aPAD chemicals, see EPA’s Web site at assess the potential toxic characteristics for females 13–49 years old, the http://www.epa.gov/pesticides/ to thyroid structure or hormone population group receiving the greatest cumulative. homeostasis during development, the exposure.
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2. Chronic risk. Using the exposure II for enforcement of buprofezin tolerances may be set when persons assumptions described in this unit for tolerances. seeking such tolerances or exemptions chronic exposure, EPA has concluded B. International Residue Limits have demonstrated that the pesticide that chronic exposure to buprofezin meets the safety standard imposed by from food and water will utilize 91% of In making its tolerance decisions, EPA that statute. This citizen’s comment the cPAD for children 1–2 years old, the seeks to harmonize U.S. tolerances with appears to be directed at the underlying population group receiving the greatest international standards whenever statute and not EPA’s implementation of exposure. There are no residential uses possible, consistent with U.S. food it; the citizen has made no contention safety standards and agricultural for buprofezin. that EPA has acted in violation of the practices. EPA considers the 3. Short and intermediate-term risk. statutory framework. international maximum residue limits Short and intermediate-term aggregate (MRLs) established by the Codex exposure takes into account short-term D. Revisions to Petitioned-for Alimentarius Commission (Codex), as residential exposure plus chronic Tolerances required by FFDCA section 408(b)(4). exposure to food and water (considered The Codex Alimentarius is a joint The tolerance for fruit, citrus, group to be a background exposure level). A United Nations Food and Agriculture 10–10 is not being established at this short and intermediate-term adverse Organization/World Health time due to a lack of residue chemistry effect was identified; however, Organization food standards program, data. Based on the data supporting the buprofezin is not registered for any use and it is recognized as an international petition, EPA has revised the proposed patterns that would result in short-term food safety standards-setting tolerance on Brassica, leafy greens, residential exposure. Short and organization in trade agreements to subgroup 5B and turnip greens from 55 intermediate-term risk is assessed based which the United States is a party. EPA ppm to 60 ppm. The Agency revised on short and intermediate-term may establish a tolerance that is these tolerance levels based on analysis residential exposures plus chronic different from a Codex MRL; however, dietary exposure. Because there is no of the residue field trial data using the FFDCA section 408(b)(4) requires that Organization for Economic Co-operation short and intermediate-term residential EPA explain the reasons for departing exposures and chronic dietary exposure and Development (OECD) tolerance from the Codex level. The tolerance calculation procedures. has already been assessed under the level being established by this action for appropriately protective cPAD (which is tree nut group 14 is harmonized with Additionally, the Agency revised the at least as protective as the POD used to the Codex MRL for almond. There is an proposed tolerance in or on vegetables, assess short and intermediate-term risk), established Codex MRL of 2.0 ppm in/ fruiting, group 8–10 from 3.0 to 2.0 to no further assessment of short and on pepper and 1.0 ppm in/on tomato. harmonize with the Codex MRL on intermediate-term risk is necessary, and The petitioner proposed a tolerance of pepper and will establish separate EPA relies on the chronic dietary risk 3.0 ppm for the Fruiting vegetable group tolerances for fruit, pome, group 11–10 assessment for evaluating short and 8–10, which contains both peppers and (except pear and pear, Asian) at 3.0 ppm intermediate-term risk for buprofezin. tomatoes. EPA cannot harmonize the and pear and pear, Asian oriental at 6.0 4. Aggregate cancer risk for U.S. U.S. tolerance on tomatoes with the ppm to harmonize with Codex. A population. The Agency considers the tomato MRL because the residue field tolerance is not needed for pistachio chronic aggregate risk assessment, trial data submitted to support the since there is already a pistachio making use of the cPAD, to be protective fruiting vegetable group 8–10 tolerance tolerance in § 180.511. Finally, the of any aggregate cancer risk. Based on reported residues higher than the 1.0 Agency is correcting language for the limited evidence of carcinogenicity ppm level established by Codex for established commodities that are (driven by benign liver tumors) of tomato. However, the residue field trial spelled incorrectly—Llama should be buprofezin to female mice only and not data was consistent with a tolerance of Ilama and Loganberry should be Logan. males or rats, and no mutagenicity, EPA 2.0 ppm for the fruiting vegetable group concluded a threshold approach is 8–10, so EPA was able to harmonize V. Conclusion appropriate for the risk assessment. with the Codex MRL for peppers. For Therefore, tolerances are established Therefore, the chronic assessment is pome fruit, the Codex MRLs and the for residues of buprofezin 2-[(1,1- considered protective for the cancer risk U.S. tolerances are harmonized for dimethylethyl)imino]tetrahydro-3(1- estimate. ‘‘fruit, pome (except pear and pear, methylethyl)-5-phenyl-4H -1,3,5- 5. Determination of safety. Based on Asian) at 3.0 ppm and pear and pear, thiadiazin-4-one, in or on bean, Asian at 6.0 ppm. There are currently no these risk assessments, EPA concludes succulent at 0.02 ppm; Brassica, leafy established Codex MRLs for buprofezin that there is a reasonable certainty that greens, subgroup 5B at 60 ppm; fruit, in/on the remainder of the tolerances no harm will result to the general pome, group 11–10 (except pear and being established. population, or to infants and children pear, Asian) at 3.0 ppm; nut, tree, group from aggregate exposure to buprofezin C. Response to Comments 14 at 0.05 ppm; pear at 6.0 ppm; pear, residues. EPA received two comments to the Asian at 6.0 ppm; persimmon at 1.9 IV. Other Considerations notice of filings PP 1E7908 and 1F7905, ppm; tea at 20 ppm; Turnip, greens at 60 ppm; vegetable, fruiting, group 8–10 A. Analytical Enforcement Methodology which said that toxic chemicals should not be allowed on food that Americans at 2.0 ppm. Additionally, this regulation Adequate gas chromatography with eat. The Agency understands the removes tolerances of buprofezin in or nitrogen phosphorus detection (GC/ commenter’s concerns and recognizes on almond at 0.05 ppm, fruit, pome NPD) and a GC/mass spectrometry (MS) that some individuals believe that group 11 at 4.0 ppm, okra at 4.0 ppm, method for confirmation of buprofezin pesticides should be banned on nonbell pepper at 4.0 ppm and residues in plant commodities is agricultural crops. However, the existing vegetable, fruiting group 8, except available to enforce the tolerance. These legal framework provided by section nonbell pepper at 1.3 ppm as they will methods are available in the Pesticide 408 of the Federal Food, Drug and be superseded by the tolerances being Analytical Manual (PAM) Volumes I & Cosmetic Act (FFDCA) states that established with this action.
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VI. Statutory and Executive Order Unfunded Mandates Reform Act of 1995 Reviews (UMRA) (Public Law 104–4). Parts per This final rule establishes tolerances This action does not involve any Commodity million under FFDCA section 408(d) in technical standards that would require response to a petition submitted to the Agency consideration of voluntary Agency. The Office of Management and consensus standards pursuant to section ***** Budget (OMB) has exempted these types 12(d) of the National Technology Bean, succulent ...... 0 .02 of actions from review under Executive Transfer and Advancement Act of 1995 ***** Order 12866, entitled ‘‘Regulatory (NTTAA), Public Law 104–113, section Brassica, leafy greens, sub- Planning and Review’’ (58 FR 51735, 12(d) (15 U.S.C. 272 note). group 5B ...... 60 October 4, 1993). Because this final rule has been exempted from review under VII. Congressional Review Act ***** Fruit, pome, group 11–10, Executive Order 12866, this final rule is The Congressional Review Act, 5 not subject to Executive Order 13211, except pear and pear, U.S.C. 801 et seq., generally provides Asian ...... 3.0 entitled ‘‘Actions Concerning that before a rule may take effect, the Regulations That Significantly Affect agency promulgating the rule must ***** Energy Supply, Distribution, or Use’’ (66 submit a rule report to each House of Ilama ...... 0.30 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of the Congress and to the Comptroller ***** Children from Environmental Health General of the United States. EPA will Logan ...... 0.30 Risks and Safety Risks’’ (62 FR 19885, submit a report containing this rule and other required information to the U.S. ***** April 23, 1997). This final rule does not Nut, tree group 14 ...... 0.05 contain any information collections Senate, the U.S. House of subject to OMB approval under the Representatives, and the Comptroller ***** Paperwork Reduction Act (PRA), 44 General of the United States prior to Pear ...... 6 .0 U.S.C. 3501 et seq., nor does it require publication of this final rule in the Pear, Asian ...... 6 .0 Persimmon ...... 1.9 any special considerations under Federal Register. This final rule is not Executive Order 12898, entitled a ‘‘major rule’’ as defined by 5 U.S.C. ***** ‘‘Federal Actions to Address 804(2). Tea1 ...... 20 Environmental Justice in Minority Turnip, greens ...... 60 Populations and Low-Income List of Subjects in 40 CFR Part 180 ***** Populations’’ (59 FR 7629, February 16, Environmental protection, 1994). Vegetable, fruiting, group Administrative practice and procedure, 8–10 ...... 2 .0 Since tolerances and exemptions that Agricultural commodities, Pesticides are established on the basis of a petition and pests, Reporting and recordkeeping ***** under FFDCA section 408(d), such as requirements. 1 the tolerance in this final rule, do not There are no U.S. registrations at this time. require the issuance of a proposed rule, Dated: October 4, 2012. the requirements of the Regulatory Lois Rossi, * * * * * Flexibility Act (RFA) (5 U.S.C. 601 et Director, Registration Division, Office of [FR Doc. 2012–25548 Filed 10–16–12; 8:45 am] seq.) do not apply. Pesticide Programs. BILLING CODE 6560–50–P This final rule directly regulates growers, food processors, food handlers, Therefore, 40 CFR chapter I is and food retailers, not States or tribes, amended as follows: DEPARTMENT OF HEALTH AND nor does this action alter the HUMAN SERVICES relationships or distribution of power PART 180—[AMENDED] Centers for Medicare & Medicaid and responsibilities established by ■ Services Congress in the preemption provisions 1. The authority citation for part 180 of FFDCA section 408(n)(4). As such, continues to read as follows: 42 CFR Parts 412 the Agency has determined that this Authority: 21 U.S.C. 321(q), 346a and 371. action will not have a substantial direct [CMS–1588–F2] effect on States or tribal governments, ■ 2. In § 180.511 the table in paragraph RIN 0938–AR12 on the relationship between the national (a) is amended as follows: government and the States or tribal ■ i. Remove the entries for Almond; Medicare Program; Hospital Inpatient governments, or on the distribution of Fruit, pome, group 11; Okra; Pepper, Prospective Payment Systems for Acute Care Hospitals and the Long- power and responsibilities among the nonbell and Vegetable, fruiting, group 8, Term Care Hospital Prospective various levels of government or between except nonbell pepper; the Federal Government and Indian Payment System and Fiscal Year 2013 ■ tribes. Thus, the Agency has determined ii. Revising the entries for Llama and Rates; Hospitals’ Resident Caps for that Executive Order 13132, entitled Loganberry to read Ilama and Logan Graduate Medical Education Payment ‘‘Federalism’’ (64 FR 43255, August 10, respectively; and Purposes; Quality Reporting 1999) and Executive Order 13175, ■ iii. Add alphabetically new entries. Requirements for Specific Providers entitled ‘‘Consultation and Coordination The revisions and additions read as and for Ambulatory Surgical Centers; with Indian Tribal Governments’’ (65 FR follows: Correcting Amendment 67249, November 9, 2000) do not apply AGENCY: Centers for Medicare & to this final rule. In addition, this final § 180.511 Buprofezin; tolerances of Medicaid Services (CMS), HHS. rule does not impose any enforceable residues. ACTION: Final rule; correcting duty or contain any unfunded mandate (a) * * * amendment. as described under Title II of the
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SUMMARY: This document corrects those LTCHs with a cost reporting comment and finalized in the FY 2013 technical errors in the regulations text of period beginning on or after July 1, 2012 IPPS/LTCH PPS final rule. As indicated the final rule that appeared in the and before October 1, 2012). previously, this correcting amendment August 31, 2012 Federal Register • In § 412.536(a)(3)(ii), we made an corrects technical and typographical entitled ‘‘Medicare Program; Hospital error in citing the timeframe during errors in the regulations text of the FY Inpatient Prospective Payment Systems which the 25-percent payment 2013 IPPS/LTCH PPS final rule and for Acute Care Hospitals and the Long- adjustment threshold policy is in effect does not make substantive changes to Term Care Hospital Prospective for certain LTCHs (that is, those LTCHs the policies or payment methodologies Payment System and Fiscal Year 2013 with a cost reporting period beginning that were adopted in the final rule. As Rates; Hospitals’ Resident Caps for on or after July 1, 2012 and before a result, this correcting amendment is Graduate Medical Education Payment October 1, 2012), as well as an error in intended to ensure that the regulations Purposes; Quality Reporting the timeframe during which discharges text accurately reflects the policies Requirements for Specific Providers and occurring during such LTCHs’ cost adopted in the FY 2013 IPPS/LTCH PPS for Ambulatory Surgical Centers’’ reporting periods will not be counted final rule. Therefore, for the reasons set (hereinafter referred to as the FY 2013 towards the 25-percent threshold. forth previously, we believe we have IPPS/LTCH PPS final rule). We are correcting these regulations text good cause to waive the notice and DATES: Effective Date: This correcting errors to ensure that the regulations text comment and effective date amendment is effective October 12, reflects the finalized 25-percent requirements. payment adjustment threshold policy 2012. List of Subjects for 42 CFR Part 412 Applicability Date: The provisions of set forth in the preamble of the final rule this correcting amendment are (77 FR 53483 through 53486). Administrative practice and procedure, Health facilities, Medicare, applicable October 1, 2012. II. Waiver of Proposed Rulemaking and Puerto Rico, Reporting and FOR FURTHER INFORMATION CONTACT: Tzvi Delay in the Effective Date recordkeeping requirements. Hefter, (410) 786–4487. We ordinarily publish a notice of As noted in section I. of this SUPPLEMENTARY INFORMATION: proposed rulemaking in the Federal correcting amendment, the Centers for I. Background and Summary of Errors Register to provide a period for public Medicare & Medicaid Services is making comment before the provisions of a rule In the FY 2013 Hospital Inpatient the following correcting amendments to take effect in accordance with section 42 CFR part 412: Prospective Payment Systems for Acute 553(b) of the Administrative Procedure Care Hospitals and the Long-Term Care Act (APA) (5 U.S.C. 553(b)). However, PART 412—PROSPECTIVE PAYMENT Hospital Prospective Payment System we can waive this notice and comment SYSTEMS FOR INPATIENT HOSPITAL final rule (hereinafter referred to as the procedure if the Secretary finds, for SERVICES FY 2013 IPPS/LTCH PPS final rule) (FR good cause, that the notice and Doc. 2012–19079 of August 31, 2012 (77 comment process is impracticable, ■ 1. The authority citation for Part 412 FR 53258)), there were several unnecessary, or contrary to the public continues to read as follows: typographical and technical errors in interest, and incorporates a statement of Authority: Secs. 1102 and 1871 of the the regulations text that are identified the finding and the reasons therefore in Social Security Act (42 U.S.C. 1302 and and corrected in this correcting the notice. 1395hh), and sec. 124 of Pub. L. 106–113 amendment. The provisions in this Section 553(d) of the APA ordinarily (113 Stat. 1501A–332). correcting amendment apply to long- requires a 30-day delay in effective date ■ 2. Amend § 412.534 as follows: term care hospital (LTCH) prospective of final rules after the date of their ■ A. Redesignating paragraph (h)(6)(ii) payment system (PPS) payments. publication in the Federal Register. as paragraph (h)(6)(iii). In finalizing the regulations text This 30-day delay in effective date can ■ B. Adding a new paragraph (h)(6)(ii). changes for the FY 2013 LTCH PPS be waived, however, if an agency finds The addition reads as follows: provisions (77 FR 53680), we made the for good cause that the delay is following errors: impracticable, unnecessary, or contrary § 412.534 Special payment provisions for • In § 412.534(h)(6), we inadvertently to the public interest, and the agency long-term care hospitals within hospitals omitted regulations text that specified incorporates a statement of the findings and satellites of long-term care hospitals. our methodology for determining the and its reasons in the rule issued. * * * * * percentage of discharges during a We find that there is good cause to (h) * * * LTCH’s or satellite facility’s cost waive both the notice and comment and (6) * * * reporting period beginning on or after delayed effective date requirements. (ii) In determining whether the July 1, 2012 and before October 1, 2012 Undertaking further notice and percentage of discharges during a long- that will not be counted towards the 25- comment procedures to incorporate the term care hospital’s or satellite facility’s percent threshold during such cost corrections in this document into the cost reporting period beginning on or reporting period. final rule or delaying the effective date after July 1, 2012 and before October 1, • In § 412.536(a)(3)(i)— would be contrary to the public interest. 2012 exceeds the 25-percent threshold, ++ We inadvertently omitted We believe it is in the public interest for those discharges occurring on or after regulations text that specified the our regulation text to accurately reflect October 1, 2012 and before the discharges to which the 25-percent the policy on the 25-percent payment beginning of the hospital’s or satellite payment adjustment threshold policy adjustment threshold which was facility’s next cost reporting period will applies for LTCHs with cost reporting adopted in the FY 2013 IPPS/LTCH PPS not be counted towards that threshold. periods beginning on or after July 1, final rule. Therefore delaying the * * * * * 2012 and before October 1, 2012; and effective date of these corrections would ++ We made an error in the be contrary to the public interest. § 412.536 [Amend] timeframe during which the 25-percent Furthermore, such procedures would be ■ 3. Amend § 412.536 as follows: payment adjustment threshold policy unnecessary, as we are not altering the ■ A. Revising paragraph (a)(3)(i). will not apply for certain LTCHs (that is, policies that were already subject to ■ B. In paragraph (a)(3)(ii)—
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(i) The phrase ‘‘before July 1, 2013’’ is suspension on the effective dates listed suspension of such communities will be removed and the phrase ‘‘before October within this rule because of published in the Federal Register. 1, 2012’’ is added in its place. noncompliance with the floodplain In addition, FEMA publishes a Flood (ii) The phrase ‘‘before October 1, management requirements of the Insurance Rate Map (FIRM) that 2013,’’ is removed and the phrase program. If the Federal Emergency identifies the Special Flood Hazard ‘‘before the beginning of the hospital’s Management Agency (FEMA) receives Areas (SFHAs) in these communities. next cost reporting period,’’ is added in documentation that the community has The date of the FIRM, if one has been is place. adopted the required floodplain published, is indicated in the fourth The revision reads as follows: management measures prior to the column of the table. No direct Federal § 412.536 Special payment provisions for effective suspension date given in this financial assistance (except assistance long-term care hospitals and satellites of rule, the suspension will not occur and pursuant to the Robert T. Stafford long-term care hospitals that discharged a notice of this will be provided by Disaster Relief and Emergency Medicare patients admitted from a hospital publication in the Federal Register on a Assistance Act not in connection with a not located in the same building or on the subsequent date. Also, information flood) may be provided for construction same campus as the long-term care identifying the current participation or acquisition of buildings in identified hospital or satellite of the long-term care status of a community can be obtained SFHAs for communities not hospital. from FEMA’s Community Status Book participating in the NFIP and identified (a) * * * (CSB). The CSB is available at http:// for more than a year on FEMA’s initial (3) * * * www.fema.gov/fema/csb.shtm. FIRM for the community as having (i) Payments to long-term care flood-prone areas (section 202(a) of the hospitals described in paragraph DATES: Effective Dates: The effective Flood Disaster Protection Act of 1973, (a)(1)(iv) of this section are determined date of each community’s scheduled 42 U.S.C. 4106(a), as amended). This using the methodology specified in suspension is the third date (‘‘Susp.’’) prohibition against certain types of either paragraph (b)(1) or paragraph listed in the third column of the Federal assistance becomes effective for (b)(2) of this section, for discharges following tables. the communities listed on the date occurring prior to October 1, 2012 FOR FURTHER INFORMATION CONTACT: If shown in the last column. The during the hospital’s cost reporting you want to determine whether a Administrator finds that notice and period beginning on or after July 1, 2012 particular community was suspended public comment procedures under 5 and before October 1, 2012. Such on the suspension date or for further U.S.C. 553(b), are impracticable and policies will not be applied to the information, contact David Stearrett, unnecessary because communities listed discharges occurring on or after October Federal Insurance and Mitigation in this final rule have been adequately 1, 2012 and before the beginning of the Administration, Federal Emergency notified. hospital’s next cost reporting period. Management Agency, 500 C Street SW., Each community receives 6-month, * * * * * Washington, DC 20472, (202) 646–2953. 90-day, and 30-day notification letters (Catalog of Federal Domestic Assistance SUPPLEMENTARY INFORMATION: The NFIP addressed to the Chief Executive Officer Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, enables property owners to purchase stating that the community will be Medicare—Supplementary Medical Federal flood insurance that is not suspended unless the required Insurance Program) otherwise generally available from floodplain management measures are private insurers. In return, communities met prior to the effective suspension Dated: October 10, 2012. agree to adopt and administer local date. Since these notifications were Oliver Potts, floodplain management measures aimed made, this final rule may take effect Deputy Executive Secretary to the at protecting lives and new construction within less than 30 days. Department, Department of Health and from future flooding. Section 1315 of National Environmental Policy Act. Human Services. the National Flood Insurance Act of This rule is categorically excluded from [FR Doc. 2012–25464 Filed 10–12–12; 4:15 pm] 1968, as amended, 42 U.S.C. 4022, the requirements of 44 CFR Part 10, BILLING CODE 4120–01–P prohibits the sale of NFIP flood Environmental Considerations. No insurance unless an appropriate public environmental impact assessment has body adopts adequate floodplain been prepared. DEPARTMENT OF HOMELAND management measures with effective Regulatory Flexibility Act. The SECURITY enforcement measures. The Administrator has determined that this communities listed in this document no rule is exempt from the requirements of Federal Emergency Management longer meet that statutory requirement the Regulatory Flexibility Act because Agency for compliance with program the National Flood Insurance Act of regulations, 44 CFR Part 59. 1968, as amended, Section 1315, 42 44 CFR Part 64 Accordingly, the communities will be U.S.C. 4022, prohibits flood insurance [Docket ID FEMA–2012–0003; Internal suspended on the effective date in the coverage unless an appropriate public Agency Docket No. FEMA–8251] third column. As of that date, flood body adopts adequate floodplain insurance will no longer be available in management measures with effective Suspension of Community Eligibility the community. We recognize that some enforcement measures. The AGENCY: Federal Emergency of these communities may adopt and communities listed no longer comply Management Agency, DHS. submit the required documentation of with the statutory requirements, and ACTION: Final rule. legally enforceable floodplain after the effective date, flood insurance management measures after this rule is will no longer be available in the SUMMARY: This rule identifies published but prior to the actual communities unless remedial action communities where the sale of flood suspension date. These communities takes place. insurance has been authorized under will not be suspended and will continue Regulatory Classification. This final the National Flood Insurance Program to be eligible for the sale of NFIP flood rule is not a significant regulatory action (NFIP) that are scheduled for insurance. A notice withdrawing the under the criteria of section 3(f) of
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Executive Order 12866 of September 30, information for purposes of the Authority: 42 U.S.C. 4001 et seq.; 1993, Regulatory Planning and Review, Paperwork Reduction Act, 44 U.S.C. Reorganization Plan No. 3 of 1978, 3 CFR, 58 FR 51735. 3501 et seq. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. Executive Order 13132, Federalism. List of Subjects in 44 CFR Part 64 This rule involves no policies that have § 64.6 [Amended] federalism implications under Executive Flood insurance, Floodplains. Accordingly, 44 CFR Part 64 is Order 13132. ■ 2. The tables published under the amended as follows: Executive Order 12988, Civil Justice authority of § 64.6 are amended as Reform. This rule meets the applicable PART 64—[AMENDED] follows: standards of Executive Order 12988. Paperwork Reduction Act. This rule ■ 1. The authority citation for Part 64 does not involve any collection of continues to read as follows:
Date certain Federal State and location Community Effective date authorization/cancellation Current effective assistance no No. of sale of flood insurance in community map date longer available in SFHAs
Region III Maryland: Annapolis, City of, Anne Arundel 240009 December 7, 1973, Emerg; November 4, October 16, 2012 .... October 16, 2012. County. 1981, Reg; October 16, 2012, Susp. Anne Arundel County, Unincor- 240008 March 3, 1972, Emerg; May 2, 1983, *...... do ...... Do. porated Areas. Reg; October 16, 2012, Susp. Highland Beach, Town of, Anne 240161 July 31, 1975, Emerg; November 4, ...... do ...... Do. Arundel County. 1981, Reg; October 16, 2012, Susp. Pennsylvania: Alexandria, Borough of, Huntingdon 420481 June 1, 1973, Emerg; February 1, 1980, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Barree, Township of, Huntingdon 421683 June 11, 1979, Emerg; September 10, ...... do ...... Do. County. 1984, Reg; October 16, 2012, Susp. Brady, Township of, Huntingdon 421684 November 25, 1975, Emerg; February ...... do ...... Do. County. 17, 1989, Reg; October 16, 2012, Susp. Carbon, Township of, Huntingdon 421685 December 12, 1977, Emerg; June 19, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Cass, Township of, Huntingdon 421686 January 21, 1977, Emerg; November 1, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Clay, Township of, Huntingdon 421687 April 25, 1977, Emerg; August 16, 1988, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Coalmont, Borough of, Huntingdon 420484 April 26, 1977, Emerg; August 3, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Cromwell, Township of, Huntingdon 421688 April 20, 1976, Emerg; December 4, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Dublin, Township of, Huntingdon 421689 January 20, 1978, Emerg; December 4, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Dudley, Borough of, Huntingdon 421681 August 9, 1982, Emerg; September 24, ...... do ...... Do. County. 1984, Reg; October 16, 2012, Susp. Franklin, Township of, Huntingdon 422573 March 23, 1977, Emerg; February 17, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Henderson, Township of, Hun- 420960 January 21, 1974, Emerg; August 3, ...... do ...... Do. tingdon County. 1989, Reg; October 16, 2012, Susp. Hopewell, Township of, Huntingdon 421690 April 25, 1979, Emerg; August 15, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Huntingdon, Borough of, Huntingdon 420486 April 16, 1973, Emerg; September 29, ...... do ...... Do. County. 1978, Reg; October 16, 2012, Susp. Jackson, Township of, Huntingdon 421691 December 21, 1978, Emerg; August 3, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Juniata, Township of, Huntingdon 421692 February 4, 1976, Emerg; February 17, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Logan, Township of, Huntingdon 421694 March 20, 1978, Emerg; August 3, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Mapleton, Borough of, Huntingdon 420487 April 19, 1973, Emerg; July 5, 1977, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Mill Creek, Borough of, Huntingdon 420488 August 22, 1975, Emerg; March 2, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Miller, Township of, Huntingdon 421695 February 17, 1977, Emerg; March 2, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Morris, Township of, Huntingdon 421696 August 9, 1982, Emerg; December 4, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Mount Union, Borough of, Hun- 420489 November 10, 1972, Emerg; July 18, ...... do ...... Do. tingdon County. 1977, Reg; October 16, 2012, Susp.
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Date certain Federal State and location Community Effective date authorization/cancellation Current effective assistance no No. of sale of flood insurance in community map date longer available in SFHAs
Oneida, Township of, Huntingdon 421697 March 14, 1975, Emerg; March 2, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Orbisonia, Borough of, Huntingdon 421682 October 15, 1975, Emerg; December 31, ...... do ...... Do. County. 1982, Reg; October 16, 2012, Susp. Penn, Township of, Huntingdon 421698 February 17, 1976, Emerg; November ...... do ...... Do. County. 15, 1985, Reg; October 16, 2012, Susp. Petersburg, Borough of, Huntingdon 420490 August 3, 1976, Emerg; August 15, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Porter, Township of, Huntingdon 421699 August 22, 1975, Emerg; March 16, ...... do ...... Do. County. 1981, Reg; October 16, 2012, Susp. Rockhill, Borough of, Huntingdon 422575 November 14, 1975, Emerg; July 3, ...... do ...... Do. County. 1990, Reg; October 16, 2012, Susp. Saltillo, Borough of, Huntingdon 420492 April 26, 1977, Emerg; October 15, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Shirley, Township of, Huntingdon 421700 February 4, 1976, Emerg; August 15, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Shirleysburg, Borough of, Hun- 420493 June 1, 1976, Emerg; April 15, 1986, ...... do ...... Do. tingdon County. Reg; October 16, 2012, Susp. Smithfield, Township of, Huntingdon 420494 March 9, 1973, Emerg; March 15, 1977, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Springfield, Township of, Hun- 421701 October 14, 1975, Emerg; December 4, ...... do ...... Do. tingdon County. 1985, Reg; October 16, 2012, Susp. Spruce Creek, Township of, Hun- 422621 February 18, 1975, Emerg; March 2, ...... do ...... Do. tingdon County. 1989, Reg; October 16, 2012, Susp. Tell, Township of, Huntingdon Coun- 421702 October 15, 1975, Emerg; June 11, ...... do ...... Do. ty. 1982, Reg; October 16, 2012, Susp. Three Springs, Borough of, Hun- 422576 March 17, 1977, Emerg; October 1, ...... do ...... Do. tingdon County. 1982, Reg; October 16, 2012, Susp. Todd, Township of, Huntingdon 421703 September 15, 1975, Emerg; August 15, ...... do ...... Do. County. 1989, Reg; October 16, 2012, Susp. Union, Township of, Huntingdon 421704 July 21, 1982, Emerg; March 2, 1989, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Walker, Township of, Huntingdon 422577 April 8, 1977, Emerg; September 10, ...... do ...... Do. County. 1984, Reg; October 16, 2012, Susp. Warriors Mark, Township of, Hun- 421705 November 22, 1977, Emerg; March 2, ...... do ...... Do. tingdon County. 1989, Reg; October 16, 2012, Susp. West, Township of, Huntingdon 421706 February 17, 1976, Emerg; December 4, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. Wood, Township of, Huntingdon 421707 June 20, 1975, Emerg; November 1, ...... do ...... Do. County. 1985, Reg; October 16, 2012, Susp. West Virginia: Falling Springs, Corporation of 540243 October 6, 1975, Emerg; September 24, ...... do ...... Do. (Town of Renick), Greenbrier 1984, Reg; October 16, 2012, Susp. County. Greenbrier County, Unincorporated 540040 June 24, 1975, Emerg; January 15, ...... do ...... Do. Areas. 1988, Reg; October 16, 2012, Susp. Rainelle, Town of, Greenbrier Coun- 540228 September 3, 1975, Emerg; November ...... do ...... Do. ty. 19, 1987, Reg; October 16, 2012, Susp. Ronceverte, City of, Greenbrier 540043 March 10, 1975, Emerg; May 17, 1990, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Rupert, Town of, Greenbrier County 540044 January 24, 1975, Emerg; August 24, ...... do ...... Do. 1984, Reg; October 16, 2012, Susp. White Sulphur Springs, City of, 540045 November 20, 1974, Emerg; August 1, ...... do ...... Do. Greenbrier County. 1978, Reg; October 16, 2012, Susp. Region IV Alabama: Chatom, Town of, Washington 010376 November 1, 1999, Emerg; September ...... do ...... Do. County. 29, 2006, Reg; October 16, 2012, Susp. Millry, Town of, Washington County 010207 May 18, 2005, Emerg; September 29, ...... do ...... Do. 2006, Reg; October 16, 2012, Susp. Washington County, Unincorporated 010302 January 12, 1976, Emerg; August 1, ...... do ...... Do. Areas. 1987, Reg; October 16, 2012, Susp. Region V Indiana: Mecca, Town of, Parke County ...... 180330 December 21, 1978, Emerg; April 1, ...... do ...... Do. 1988, Reg; October 16, 2012, Susp.
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Date certain Federal State and location Community Effective date authorization/cancellation Current effective assistance no No. of sale of flood insurance in community map date longer available in SFHAs
Montezuma, Town of, Parke County 180194 June 19, 1975, Emerg; April 1, 1988, ...... do ...... Do. Reg; October 16, 2012, Susp. Parke County, Unincorporated 180192 September 30, 1988, Emerg; N/A, Reg; ...... do ...... Do. Areas. October 16, 2012, Susp. Michigan: Cedarville, Township of, Menominee 260659 N/A, Emerg; June 24, 1993, Reg; Octo- ...... do ...... Do. County. ber 16, 2012, Susp. Gourley, Township of, Menominee 260455 October 23, 1995, Emerg; November 5, ...... do ...... Do. County. 2009, Reg; October 16, 2012, Susp. Holmes, Township of, Menominee 260457 July 28, 1995, Emerg; November 5, ...... do ...... Do. County. 2009, Reg; October 16, 2012, Susp. Ingallston, Township of, Menominee 260660 N/A, Emerg; September 28, 1979, Reg; ...... do ...... Do. County. October 16, 2012, Susp. Mellen, Township of, Menominee 260692 June 9, 1993, Emerg; November 5, ...... do ...... Do. County. 2009, Reg; October 16, 2012, Susp. Menominee, City of, Menominee 260138 May 1, 1973, Emerg; August 1, 1978, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Menominee, Township of, Menom- 260702 N/A, Emerg; January 7, 1992, Reg; Oc- ...... do ...... Do. inee County. tober 16, 2012, Susp. Meyer, Township of, Menominee 260458 September 22, 1995, Emerg; August 19, ...... do ...... Do. County. 1997, Reg; October 16, 2012, Susp. Spalding, Township of, Menominee 260461 July 28, 1995, Emerg; November 5, ...... do ...... Do. County. 2009, Reg; October 16, 2012, Susp. Stephenson, City of, Menominee 260139 August 7, 1973, Emerg; May 16, 1977, ...... do ...... Do. County. Reg; October 16, 2012, Susp. Wisconsin: Elroy, City of, Juneau County ...... 550201 June 26, 1975, Emerg; September 18, ...... do ...... Do. 1991, Reg; October 16, 2012, Susp. Juneau County, Unincorporated 550580 July 3, 1975, Emerg; September 18, ...... do ...... Do. Areas. 1991, Reg; October 16, 2012, Susp. Mauston, City of, Juneau County .... 550204 July 24, 1975, Emerg; September 18, ...... do ...... Do. 1991, Reg; October 16, 2012, Susp. Necedah, Village of, Juneau County 550205 N/A, Emerg; January 27, 1992, Reg; Oc- ...... do ...... Do. tober 16, 2012, Susp. New Lisbon, City of, Juneau County 550206 July 8, 1975, Emerg; September 18, ...... do ...... Do. 1991, Reg; October 16, 2012, Susp. Wonewoc, Village of, Juneau Coun- 550208 July 18, 1975, Emerg; September 30, ...... do ...... Do. ty. 1988, Reg; October 16, 2012, Susp. Region VI Oklahoma: Glenpool, City of, Tulsa County...... 400208 February 6, 1975, Emerg; March 2, ...... do ...... Do. 1981, Reg; October 16, 2012, Susp. Jenks, City of, Tulsa County ...... 400209 November 1, 1974, Emerg; February 17, ...... do ...... Do. 1982, Reg; October 16, 2012, Susp. Sand Springs, City of, Tulsa County 400211 August 5, 1974, Emerg; June 15, 1981, ...... do ...... Do. Reg; October 16, 2012, Susp. Skiatook, Town of, Tulsa County ..... 400212 July 2, 1974, Emerg; July 16, 1980, Reg; ...... do ...... Do. October 16, 2012, Susp. Sperry, Town of, Tulsa County ...... 400213 June 17, 1975, Emerg; July 16, 1981, ...... do ...... Do. Reg; October 16, 2012, Susp. Tulsa County, Unincorporated Areas 400462 April 21, 1975, Emerg; September 16, ...... do ...... Do. 1982, Reg; October 16, 2012, Susp. Region VIII Colorado: Grand Junction, City of, Mesa Coun- 080117 October 13, 1978, Emerg; January 6, ...... do ...... Do. ty. 1983, Reg; October 16, 2012, Susp. Mesa County, Unincorporated Areas 080115 July 26, 1973, Emerg; July 3, 1978, Reg; ...... do ...... Do. October 16, 2012, Susp. Region IX California: Daly City, City of, San Mateo Coun- 060317 August 4, 1975, Emerg; July 31, 1979, ...... do ...... Do. ty. Reg; October 16, 2012, Susp. Region X Washington: Bucoda, Town of, Thurston County 530189 February 10, 1975, Emerg; September ...... do ...... Do. 2, 1981, Reg; October 16, 2012, Susp. Lacey, City of, Thurston County ...... 530190 May 7, 1975, Emerg; July 16, 1980, ...... do ...... Do. Reg; October 16, 2012, Susp.
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Date certain Federal State and location Community Effective date authorization/cancellation Current effective assistance no No. of sale of flood insurance in community map date longer available in SFHAs
Olympia, City of, Thurston County ... 530191 October 3, 1974, Emerg; February 17, ...... do ...... Do. 1982, Reg; October 16, 2012, Susp. Rainier, City of, Thurston County .... 530260 N/A, Emerg; March 29, 1999, Reg; Octo- ...... do ...... Do. ber 16, 2012, Susp. Tenino, City of, Thurston County..... 530302 February 18, 1975, Emerg; June 4, ...... do ...... Do. 1980, Reg; October 16, 2012, Susp. Thurston County, Unincorporated 530188 September 13, 1974, Emerg; December ...... do ...... Do. Areas. 1, 1982, Reg; October 16, 2012, Susp. Tumwater, City of, Thurston County 530192 December 18, 1974, Emerg; August 1, ...... do ...... Do. 1980, Reg; October 16, 2012, Susp. Yelm, City of, Thurston County ...... 530310 May 21, 1990, Emerg; June 19, 1999, ...... do ...... Do. Reg; October 16, 2012, Susp. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: October 9, 2012. FOR FURTHER INFORMATION CONTACT: Title: Extension of the Commission’s Edward L. Connor, Gregory F. Intoccia, Cybersecurity and Rules Regarding Outage Reporting to Deputy Associate Administrator, Federal Communications Reliability Division, Interconnected Voice over Internet Insurance and Mitigation Administration, Public Safety and Homeland Security Protocol Service Providers and Department of Homeland Security, Federal Bureau, at (202) 418–1470, or email: Broadband Internet Service Providers Emergency Management Agency. [email protected]. Form Number: N/A. [FR Doc. 2012–25557 Filed 10–16–12; 8:45 am] Estimated Time per Response: 1.25 to SUPPLEMENTARY INFORMATION: This BILLING CODE 9110–12–P 2 hours. document announces that, on Total Annual Burden: 29,647 hours. September 17, 2012, OMB approved, for Total Annual Cost: N/A. a period that expires on September 30, Obligation to Respond: The number of FEDERAL COMMUNICATIONS 2015, the information collection respondents/responses is 118 COMMISSION requirements contained in the respondents 15,444 responses. The statutory authority for this information 47 CFR Part 4 Commission’s Order, FCC 12–22, regarding Interconnected Voice over collection is contained in 47 U.S.C. 151, [PS Docket No. 11–82; FCC 12–22] Internet Protocol (VoIP) outage reporting 152, 154(i)–(k), 154(o), 218, 219, 230, rules, published at 77 FR, 25088, April 256, 301, 302(a), 303(f), 303(g), 303(j), Extension of the Commission’s Rules 27, 2012. 303(r), 403, 615a–l, 621(b)(3), 621(d), Regarding Outage Reporting to 1302(a) and 1302(b) of the Interconnected Voice Over Internet Synopsis Communications Act of 1934, as Protocol Service Providers and As required by the Paperwork amended; and section 1704 of the Broadband Internet Service Providers Reduction Act (PRA) of 1995 (44 U.S.C. Omnibus Consolidated and Emergency Supplemental Appropriations Act of AGENCY: 3507), the Commission is notifying the Federal Communications 1998, 44 U.S.C. 3504. Commission. public that it received OMB approval on September 17, 2012, for the information Nature and Extent of Confidentiality: ACTION: Final rule; announcement of collection requirements contained in the Outage reports filed pursuant to part 4 effective date. modifications to the Commission’s rules of the Commission’s rules are presumed in 47 CFR Part 4. OMB approved the confidential. The information in the SUMMARY: In this document, the filings may be shared with the Commission announces that the Office Order under the PRA Submission, Form OMB 83i, dated July 24, 2012, titled Department of Homeland Security only of Management and Budget (OMB) has under appropriate confidential approved, for a period that expires on Section 4.1 and 4.2 and Part 4 of the Commission’s rules Concerning disclosure provisions. Other persons September 30, 2015, the information seeking disclosure must follow the collection associated with the Disruptions to Communications. Under 5 CFR 1320, an agency may not conduct procedures delineated in 47 CFR 0.457 Commission’s rules in the Extension of and 0.459 of the Commission’s rules for the Commission’s Rules Regarding or sponsor a collection of information unless it displays a currently valid OMB requests for and disclosure of Outage Reporting to Interconnected information. Voice Over Internet Protocol Service control number. The OMB control number is 3060–0484. The foregoing Privacy Act: No impact(s). Providers and Broadband Internet Needs and Uses: The Commission notice is required by the Paperwork Service Providers Report and Order extended mandatory outage reporting Reduction Act of 1995, Pub. L. 104–13, (Order). This notice is consistent with rules to facilities-based and non- October 1, 1995, and 44 U.S.C. 3507. the Order, which stated that the facilities-based interconnected VoIP Commission would publish a document The total annual reporting burdens service providers and applied the in the Federal Register announcing the and costs for the respondents are as current Part 4 definition of ‘‘outage’’ to effective date of those rules. follows: outages of interconnected VoIP service, DATES: The amendments to 47 CFR 4.3, OMB Control Number: 3060–0484. covering the complete loss of service 4.7, and 4.9 published at 77 FR 25088, OMB Approval Date: September 17, and/or connectivity to customers at least April 27, 2012, are effective December 2012. 30 minutes duration that potentially 16, 2012. Expiration Date: September 30, 2015. affects at least 900,000 user minutes of
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interconnected VoIP services and results providers have experienced on any are available at the Pacific Fishery in complete loss of service; or facilities that they own, operate, lease, Management Council’s Web site at potentially affects any special offices or otherwise utilize, an outage of at least http://www.pcouncil.org/. and facilities such as a 911 facility. 30 minutes duration that: Potentially Collecting data on significant outages of affects at least 900,000 user minutes of Background interconnected VoIP services will help interconnected VoIP service and results The Pacific Coast Groundfish FMP the Commission to monitor compliance in complete loss of service; or and its implementing regulations at title with the statutory 911 obligations of potentially affects any special offices 50 in the Code of Federal Regulations interconnected VoIP service providers, and facilities. Second, Respondents (CFR), part 660, subparts C through G, as well as help ensure the Nation’s must submit electronically via NORS a regulate fishing for over 90 species of current and future 911 systems are as Final Communications Outage Report to reliable and resilient as possible both on the Commission not later than thirty groundfish off the coasts of Washington, a day-to-day basis and in times of a days after discovering the outage. Oregon, and California. Groundfish major emergency. The Commission specifications and management Federal Communications Commission. measures are developed by the Pacific recognizes that consumers are Marlene H. Dortch, increasingly relying on Internet Protocol Fishery Management Council (Council), Secretary. (IP)-based technologies as substitutes for and are implemented by NMFS. On communications services provided by [FR Doc. 2012–25201 Filed 10–16–12; 8:45 am] November 3, 2010, NMFS published a older communications technologies, and BILLING CODE 6712–01–P proposed rule to implement the 2011– increasingly use interconnected VoIP 2012 harvest specifications and services in lieu of traditional telephone management measures for most species service. As of December 31, 2010, 31 DEPARTMENT OF COMMERCE of the Pacific Coast groundfish fishery percent of the more than 87 million (75 FR 67810). The final rule to National Oceanic and Atmospheric residential telephone subscriptions in implement the 2011–12 harvest Administration the United States were users of specifications and management interconnected VoIP providers—an 50 CFR Part 660 measures for most species of the Pacific increase of 21 percent (from 22.4 Coast Groundfish Fishery was published million to 27.1 million) from the end of [Docket No. 100804324–1265–02] on May 11, 2011 (76 FR 27508). This 2009. Additionally, the Commission RIN 0648–BC61 final rule was subsequently amended by estimates that approximately 31 percent several inseason actions (76 FR 39313, of residential wireline 911 calls are Magnuson-Stevens Act Provisions; 76 FR 67092, 76 FR 79122, 77 FR 12503, made using VoIP service. The Fisheries Off West Coast States; 77 FR 22679, 77 FR 24634, 77 FR information collected is administered by Biennial Specifications and 47322). On September 27, 2011, NMFS the FCC’s Public Safety and Homeland Management Measures; Inseason published a proposed rule to implement Security Bureau (PSHSB) which Adjustments final 2012 specifications for overfished maintains an Internet Web site portal for the electronic submission of the AGENCY: National Marine Fisheries species and assessed flatfish species required outage reports. In addition, Service (NMFS), National Oceanic and pursuant to Secretarial Amendment 1 to provision is made for the submission of Atmospheric Administration (NOAA), the Groundfish FMP (76 FR 59634). required data by other than electronic Commerce. That final rule was effective January 1, means in cases where electronic ACTION: Final rule; inseason adjustments 2012. submission is not feasible. to biennial groundfish management The Council, in consultation with First, Respondents must submit measures. Pacific Coast Treaty Indian Tribes and electronically via the Network Outage the States of Washington, Oregon, and SUMMARY: This final rule announces Reporting System (NORS) (See http:// California, recommended the changes to inseason changes to management transition.fcc.gov/pshsb/services/cip/ current groundfish management measures in the Pacific Coast groundfish nors/nors.html) notification to the measures implemented by this action at fisheries. This action, which is Federal Communications Commission its September 12–September 17, 2012 authorized by the Pacific Coast within: (a) 240 minutes of discovering Groundfish Fishery Management Plan meeting. The Council recommended that they have experienced on any (PCGFMP), is intended to allow adjusting groundfish management facilities that they own, operate, lease, fisheries to access more abundant measures for the remainder of the or otherwise utilize, an outage of at least groundfish stocks while protecting biennial period to respond to updated 30 minutes duration that potentially overfished and depleted stocks. fishery information and additional affects a 9–1–1 special facility, in which inseason management needs. The case they also shall notify, as soon as DATES: Effective 0001 hours (local time) November 1, 2012. adjustments to fishery management possible by telephone or other measures are not expected to result in FOR FURTHER INFORMATION CONTACT: electronic means, any official who has greater impacts to overfished species been designated by the management of Colby Brady (Northwest Region, NMFS), than originally projected through the the affected 9–1–1 facility as the phone: 206–526–6117, fax: 206–526– end of 2012. Estimated mortality of provider’s contact person for 6736, [email protected]. overfished and target species is the communications outages at that facility; SUPPLEMENTARY INFORMATION: in this case, the provider shall convey result of management measures to that person all available information Electronic Access designed to achieve, to the extent that may be useful to the management This final rule is accessible via the possible, but not exceed, annual catch of the affected facility in mitigating the Internet at the Office of the Federal limits (ACLs) of target species while effects of the outage on efforts to Register’s Web site at http:// fostering the rebuilding of overfished communicate with that facility; or (b) 24 www.gpo.gov/fdsys/search/home.action. stocks by remaining within their hours of discovering that these Background information and documents rebuilding ACLs.
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Open Access (OA) Fixed Gear Fishery 2012, through December 31, 2012 management measures in this document Management Measures (period 6). The Council considered this affect commercial and recreational change as a precautionary measure to fisheries in southern California. These Sablefish Daily Trip Limit (DTL) Trip address uncertainty in the catch adjustments to management measures Limits South of 36° N. Lat. estimates, and to reduce the potential must be implemented in a timely To ensure harvest opportunities for for cowcod mortality to exceed the non- manner, by November 1, 2012, to: allow the OA fixed gear sablefish DTL fishery, trawl allocation in 2012. OA fixed gear fishermen an opportunity and that its harvest guideline south of Therefore, the Council recommended to harvest their limits in 2012 for 36° N. lat. is further attained, the and NMFS is implementing a shift to sablefish without exceeding the ACL Council considered increases to trip the seaward boundary line of the south of 36° N. lat.; and to allow limits for sablefish in this fishery and recreational Rockfish Conservation Area recreational fishermen continued the potential impacts on overall catch in the Southern Management Area south opportunities to harvest abundant levels. The Council’s Groundfish of 34°27′ N. lat. from the 60 fathom species, while reducing the potential for Management Team (GMT) made model- depth contour (110 meters) to the 50 cowcod mortality to exceed the non- based landings projections of the OA fathom depth contour (91 meters), trawl allocation in 2012. These changes fixed gear sablefish DTL fishery south of beginning November 1, 2012, through in the OA fixed gear fishery south of 36° 36° N. lat. for the remainder of 2012. December 31, 2012 (period 6). and recreational fishery south of 34°27′ These projections were based on the Classification N. lat. will continue to allow fishermen most recent information available under opportunities to harvest available the current 2012 trip limit scenario, and This final rule makes routine inseason healthy stocks while staying within the predicted a harvest projection of 41 adjustments to groundfish fishery ACLs for target and overfished species. percent (126 mt) of this fishery’s harvest management measures based on the best If this rule is not implemented guideline (309 mt) under the status quo available information and is consistent immediately, the public could have trip limits. Landings projections with with the Pacific Coast Groundfish FMP incorrect information regarding allowed and its implementing regulations. the proposed increased trip limits OA fixed gear trip limits south of 36°, This action is taken under the predict a harvest of 52 percent (161 mt) and recreational rockfish conservation authority of 50 CFR 660.60(c) and is of this fishery’s harvest guideline. area boundaries south of 34°27′ N. lat. exempt from review under Executive Projections for the other three fixed gear which would cause confusion and be sablefish fisheries were tracking within Order 12866. These inseason changes in sablefish inconsistent with the Council’s intent. It their targets for 2012. limits and recreational RCAs are based would be contrary to the public interest Therefore, the Council recommended on the most recent data available. The to delay implementation of these and NMFS is implementing trip limit aggregate data upon which these actions changes until after public notice and changes for the OA fixed gear sablefish are based are available for public comment, because making this DTL fishery south of 36° N. lat. that inspection at the Office of the regulatory change by November 1, 2012, increase OA fixed gear sablefish DTL Administrator, Northwest Region, allows harvest as intended by the fishery limits from ‘‘300 lb per day (136 NMFS, during business hours. Council in fisheries that are important kg), or one landing per week of up to For the following reasons, NMFS to coastal communities in a manner that 1,350 lb (612 kg), not to exceed 2,700 lb finds good cause to waive prior public prevents ACLs of overfished and target (1225 kg) per two months’’ to ‘‘350 lb notice and comment on the revisions to species from being exceeded. (159 kg) per day, or one landing per groundfish management measures under No aspect of this action is week of up to 1,750 lb (794 kg), not to 5 U.S.C. 553(b) because notice and controversial and no change in exceed 3,500 lb (1,588 kg) per 2 comment would be impracticable and operating practices in the fishery is months’’ beginning in period 6, contrary to the public interest. Also, for required from those intended in this November 1, 2012 through the end of the same reasons, NMFS finds good inseason adjustment. Delaying these changes would also the year. cause to partially waive the 30-day keep management measures in place Recreational Fishery Management delay in effectiveness pursuant to 5 that are not based on the best available Measures U.S.C. 553(d)(3), so that this final rule information. Such delay would impair may become effective November 1, achievement of the Pacific Coast California Southern Management Area 2012. (SMA) Rockfish Conservation Area Groundfish FMP goals and objectives of ° ′ At the September Council meeting, (RCA) Adjustments South of 34 27 N. the Council recommended that these managing for appropriate harvest levels Lat. changes, which are based on the most while providing for year-round fishing Due to uncertainty in the catch recent information available, be and marketing opportunities. Accordingly, for the reasons stated estimates, and to reduce the potential implemented by November 1, 2012. above, NMFS finds good cause to waive for cowcod mortality to exceed the non- There was not sufficient time after that prior notice and comment and to trawl allocation in 2012, the Council meeting to draft this document and partially waive the delay in considered modifications to the current undergo proposed and final rulemaking effectiveness. SMA RCA boundary. Recreational before these actions need to be in effect. fishing for most groundfish is currently For the actions to be implemented in List of Subjects in 50 CFR Part 660 prohibited seaward of a boundary line this final rule, affording the time Fisheries, Fishing, Indian Fisheries. approximating the 60 fathom depth (110 necessary for prior notice and meters) contour in California south of opportunity for public comment would Dated: October 12, 2012. 34°27′ N. lat. The new boundary would prevent NMFS from managing fisheries Emily H. Menashes, expand the closed area, restricting using the best available science to Deputy Director, Office of Sustainable fishing to the area seaward of a approach, without exceeding, the ACLs Fisheries, National Marine Fisheries Service. boundary line approximating the 50 for federally managed species in For the reasons set out in the fathom depth (91 meters) contour, south accordance with the FMP and preamble, 50 CFR part 660 is amended of 34°27′ N. lat., beginning November 1, applicable law. The adjustments to as follows:
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PART 660—FISHERIES OFF WEST Authority: 16 U.S.C. 1801 et seq., 16 ■ 2. Table 3 (South) to part 660, subpart COAST STATES U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. F is revised to read as follows: BILLING CODE 3510–22–P ■ 1. The authority citation for part 660 continues to read as follows:
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■ 3. In § 660.360, paragraph for all groundfish (except California the fishing season is open (see (c)(3)(i)(A)(5) is revised to read as scorpionfish as specified below in this paragraph (c)(3)(i)(B) of this section). follows: paragraph and in paragraph (c)(3)(v) of Recreational fishing for all groundfish this section and ‘‘other flatfish’’ as (except California scorpionfish and § 660.360 Recreational fishery- management measures. specified in paragraph (c)(3)(iv) of this ‘‘other flatfish’’) is closed entirely from section) is prohibited seaward of a January 1 through February 28 (i.e., * * * * * boundary line approximating the 50 fm prohibited seaward of the shoreline). (c) * * * (91.5 m) depth contour from March 1 Recreational fishing for California (3) * * * through December 31 along the scorpionfish south of 34°27′ N. lat. is (i) * * * mainland coast and along islands and prohibited seaward of a boundary line (A) * * * offshore seamounts, except in the CCAs approximating the 50 fm (91.5 m) depth (5) South of 34°27′ N. lat. (Southern where fishing is prohibited seaward of contour from January 1 through Management Area), recreational fishing the 20 fm (37 m) depth contour when December 31, except in the CCAs where
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fishing is prohibited seaward of the 20 fm (37 m) depth contour when the fishing season is open. * * * * * [FR Doc. 2012–25566 Filed 10–16–12; 8:45 am] BILLING CODE 3510–22–C
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Proposed Rules Federal Register Vol. 77, No. 201
Wednesday, October 17, 2012
This section of the FEDERAL REGISTER Register. As provided in the SUPPLEMENTARY INFORMATION: On August contains notices to the public of the proposed Standardized Approach NPR, the 30, 2012, the agencies published in the issuance of rules and regulations. The agencies are separately publishing Federal Register the Standardized purpose of these notices is to give interested initial regulatory flexibility analyses for Approach NPR to revise the agencies’ persons an opportunity to participate in the the Proposed Rule. Accordingly, the general risk-based capital requirements rule making prior to the adoption of the final rules. FDIC is seeking comment on the IRFA for determining risk-weighted assets provided in this Federal Register (that is, the calculation of the document, which describes the denominator of a banking organization’s FEDERAL DEPOSIT INSURANCE economic impact of the Standardized risk-based capital ratios).1 The Proposed CORPORATION Approach NPR, in accordance with the Rule would revise and harmonize the requirements of the RFA. Comments agencies’ rules for calculating risk- 12 CFR Part 324 received in connection with this IRFA weighted assets to enhance risk- sensitivity and address weaknesses RIN 3064–AD96 will be considered for purposes of the development of any final rule to identified over recent years, including Regulatory Capital Rules: implement the Standardized Approach by incorporating certain international Standardized Approach for Risk- NPR. capital standards of the Basel Committee on Banking Supervision Weighted Assets; Market Discipline DATES: Comments on this initial (BCBS) set forth in the standardized and Disclosure Requirements; Initial regulatory flexibility analysis must be Regulatory Flexibility Analysis approach of the international accord submitted on or before November 16, titled, ‘‘International Convergence of AGENCY: Federal Deposit Insurance 2012. Capital Measurement and Capital Corporation. ADDRESSES: You may submit comments Standards: A Revised Framework’’ ACTION: Initial regulatory flexibility by any of the following methods: (Basel II), as revised by the BCBS analysis. • Federal eRulemaking Portal: http:// between 2006 and 2009, as well as other www.regulations.gov. Follow proposals addressed in recent SUMMARY: On August 30, 2012, the instructions for submitting comments. consultative papers of the BCBS.2 In the Federal Deposit Insurance Corporation • Agency Web site: http:// Standardized Approach NPR, the (FDIC), together with the Board of www.fdic.gov/regulations/laws/federal/ agencies also proposed alternatives to Governors of the Federal Reserve propose.html. credit ratings for calculating risk- System (FRB) and Office of the • Mail: Robert E. Feldman, Executive weighted assets for certain assets, Comptroller of the Currency (OCC) Secretary, Attention: Comments/Legal consistent with section 939A of the (together, the agencies) published in the ESS, Federal Deposit Insurance Dodd-Frank Wall Street Reform and Federal Register a joint notice of Corporation, 550 17th Street NW., Consumer Protection Act of 2010 (Dodd- proposed rulemaking, titled, Washington, DC 20429. Frank Act). The revisions include ‘‘Regulatory Capital Rules: Standardized • Hand Delivered/Courier: The guard methodologies for determining risk- Approach for Risk-Weighted Assets; station at the rear of the 550 17th Street weighted assets for residential Market Discipline and Disclosure Building (located on F Street), on mortgages, securitization exposures, and Requirements’’ (Standardized Approach business days between 7:00 a.m. and counterparty credit risk. The changes in NPR or Proposed Rule). The Proposed 5:00 p.m. the Standardized Approach NPR are Rule would revise and harmonize the • Instructions: Comments submitted proposed to take effect on January 1, agencies’ rules for calculating risk- 2015, with an option for early adoption. weighted assets to enhance risk- must include ‘‘FDIC’’ and ‘‘RIN 3064– AD96’’. Comments received will be The Standardized Approach NPR also sensitivity and address weaknesses introduces disclosure requirements that identified over recent years, including posted without change to http:// www.fdic.gov/regulations/law/federal/ would apply to top-tier banking by incorporating certain international organizations domiciled in the United capital standards of the Basel propose.html, including any personal information provided. States with $50 billion or more in total Committee on Banking Supervision assets, including disclosures related to FOR FURTHER INFORMATION CONTACT: (BCBS) set forth in the standardized regulatory capital instruments. Bobby R. Bean, Associate Director, approach of the international accord Section 3(a) of the RFA 3 requires an [email protected]; Ryan Billingsley, Chief, titled, ‘‘International Convergency of agency to publish in the Federal Capital Policy Section, rbillingsley@ Capital Measurement and Capital Register an IRFA or a summary of its fdic.gov; Karl Reitz, Chief, Capital Standards: A Revised Framework’’, as IRFA, or to certify that the proposed Markets Strategies Section, revised by the BCBS in 2006 and 2009, rule will not have a significant [email protected], Division of Risk as well as other proposals set forth in economic impact on a substantial consultative papers of the BCBS. Management Supervision; Capital Section 3(a) of the Regulatory Markets Branch, Division of Risk 1 77 FR 52888 (Aug. 30, 2012). Flexibility Act (RFA) directs all federal Management Supervision, (202) 898– 2 Subsequent to the issuance of Basel II, in agencies to publish an initial regulatory 6888; or Mark Handzlik, Counsel, December, 2010, the BCBS issued ‘‘Basel III: A flexibility analysis (IRFA), or a summary [email protected], Michael Phillips, Global Regulatory Framework for More Resilient thereof, describing the impact of a Counsel, [email protected] Banks and Banking Systems’’ (Basel III). The U.S. implementation of Basel III has been proposed by proposed rule on small entities anytime Branch, Legal Division, Federal Deposit the agencies in a separate notice of proposed an agency is required to publish a notice Insurance Corporation, 550 17th Street rulemaking that is discussed later in this document. of proposed rulemaking in the Federal NW., Washington, DC 20429. 3 5 U.S.C. 601 et seq.
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number of small entities. For purposes B. Small Entities Affected by the will need to raise additional capital to of the IRFA, a small entity includes a Proposal meet their regulatory minimums. The banking organization with total assets of Under regulations issued by the Small FDIC estimates that this total projected $175 million or less. Business Administration,5 a small entity shortfall will be $34 million and that the As provided in the Standardized includes a depository institution or cost of lost tax benefits associated with increasing total capital by $34 million Approach NPR, the agencies are bank holding company with total assets will be approximately $0.2 million per separately publishing their respective of $175 million or less. As of March 31, year. Averaged across the 76 affected IRFA. Accordingly, the FDIC is seeking 2012, the FDIC was the primary Federal regulator for approximately 2,433 small institutions, the cost is approximately comment on the IRFA provided in this $2,500 per institution per year. Federal Register document, which state nonmember banks, 115 small savings banks, and 45 small state To comply with the requirements of describes the economic impact of the the Proposed Rule, small banks and Standardized Approach NPR, in savings associations (collectively, small banks and savings associations). savings associations would be required accordance with the requirements of the to change their internal reporting RFA. Comments received in connection C. Projected Reporting, Recordkeeping, processes. These changes would require with this IRFA will be considered for and Other Compliance Requirements some additional personnel training and purposes of the development of any The Standardized Approach NPR expenses related to new systems (or final rule to implement the includes changes to the general risk- modification of existing systems) for Standardized Approach NPR. A based capital requirements that address calculating regulatory capital ratios. summary of the FDIC’s IRFA for the the calculation of risk-weighted assets Additionally, small banks and savings Standardized Approach NPR is set forth and affect small banks and savings associations that hold certain exposures below. associations. The Proposed Rule would would be required to obtain additional information under the proposed rules in Summary of the FDIC’s IRFA affect small banks and savings associations, including: order to determine the applicable risk In accordance with the requirements 1. Changing the denominator of the weights. For example, small banks and of the RFA, the FDIC is publishing this risk-based capital ratios by revising the savings associations that hold exposures summary of the IRFA for the asset risk weights; to sovereign entities other than the Standardized Approach NPR.4 For 2. Revising the treatment of United States, foreign depository purposes of this IRFA, the FDIC counterparty credit risk; institutions, or foreign public sector analyzed the potential economic impact 3. Replacing references to credit entities would have to acquire Country Risk Classification ratings produced by of the Standardized Approach NPR on ratings with alternative measures of the Organization for Economic Co- the small entities that it regulates. creditworthiness; 4. Providing more comprehensive Operation and Development (OECD) to The FDIC welcomes comment on all recognition of collateral and guarantees; determine the applicable risk weights. aspects of the summary of its IRFA. and Small banks and savings associations Comments received in response to this 5. Providing a more favorable capital that hold residential mortgage exposures IRFA will be considered by the FDIC for treatment for transactions cleared would be required to have and maintain purposes of any final rule implementing through qualifying central information about certain underwriting the Standardized Approach NPR. The counterparties. features of the mortgage as well as the FDIC will conduct a final regulatory These changes are designed to loan-to-value (LTV) ratio in order to flexibility analysis after consideration of enhance the risk-sensitivity of the determine the applicable risk weight. comments received during the public calculation of risk-weighted assets. Generally, small banks and savings comment period. Therefore, capital requirements may go associations that hold securitization down for some assets and up for others. exposures would need to obtain A. Reasons Why the Proposed Rule Is For those assets with a higher risk sufficient information about the Being Considered by the Agencies; weight under the NPR, that increase underlying exposures to satisfy due Statement of the Objectives of the may be large in some instances, for diligence requirements and apply either Proposed Rule; and Legal Basis example, the equivalent of a dollar-for- the simplified supervisory formula approach (SSFA) or the gross-up As discussed in the Standardized dollar capital charge for some approach described in section l.43 of Approach NPR, the agencies are securitization exposures. the Proposed Rule to calculate the proposing to revise their capital In order to estimate the impact of the Standardized Approach NPR on small appropriate risk weight, or be required requirements to promote safe and sound to assign a 1,250 percent risk weight to banking practices, implement Basel II banks and savings associations, the FDIC used currently available data from the exposure. (as later revised), and harmonize capital the quarterly Consolidated Report of Small banks and savings associations requirements across charter type. The Condition and Income (Call Reports) typically do not hold significant NPR also proposes alternatives to the filed by small banks and savings exposures to foreign entities or use of credit ratings consistent with associations to approximate the change securitization exposures, and the section 939A of the Dodd-Frank Act by in capital under the proposed rule. After agencies expect any additional burden revising regulatory capital requirements comparing the existing risk-based related to calculating risk weights for to remove all references to, and capital rules with the proposed rule, the these exposures, or holding capital requirements of reliance on, credit FDIC estimates that risk-weighted assets against these exposures, would be ratings. Federal law authorizes each of may increase by 10 percent under the relatively modest. The FDIC estimates the agencies to prescribe capital proposed rule. Using this assumption, that, for small banks and savings standards for the banking organizations the FDIC estimates that a total of 76 associations, the cost of implementing it regulates. small banks and savings associations the alternative measures of creditworthiness will be approximately 4 77 FR 52888. 5 See 13 CFR 121.201. $39,000 per institution.
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Some small banks and savings small banks and savings associations. D. Identification of Duplicative, associations may hold significant These include a more conservative Overlapping, or Conflicting Federal residential mortgage exposures. If a definition of regulatory capital, a new Rules small bank or savings association common equity tier 1 capital ratio, a originates the exposure, it should have higher minimum tier 1 capital ratio, The FDIC is unaware of any sufficient information to determine the new thresholds for prompt corrective duplicative, overlapping, or conflicting applicable risk weight under the action purposes, and a new capital federal rules. As noted previously, the proposed rule. However, if the exposure conservation buffer. FDIC anticipates issuing a separate is acquired from another institution, the To estimate the impact of the Basel III proposal to implement reporting information needed to determine the NPR on the capital needs of small banks requirements that are tied to (but do not applicable risk weight should normally and savings associations, the FDIC overlap or duplicate) the requirements be collected for portfolio monitoring estimated the amount of capital such of the proposed rules. The FDIC seeks purposes and internal risk management. institutions will need to raise to meet comments and information regarding Small banks and savings associations the new minimum standards relative to any such federal rules that are would not be subject to the disclosure the amount of capital they currently duplicative, overlapping, or otherwise requirements in the Proposed Rule. hold. To estimate new capital ratios and in conflict with the Proposed Rule. However, the agencies expect to modify requirements, the FDIC used currently E. Discussion of Significant Alternatives regulatory reporting requirements that available data from the quarterly Call to the Proposed Rule apply to small banks and savings Report submitted by small banks and associations to reflect the changes made savings associations to approximate The agencies have sought to to the agencies’ capital requirements in capital under the Basel III NPR. The Call incorporate flexibility into the Proposed the Proposed Rule. The agencies expect Reports show that most small banks and Rule and lessen burden and complexity to propose these changes to the relevant savings associations have capital levels for small banks and savings associations reporting forms in a separate notice. well above the existing minimum wherever possible, consistent with To determine if the Proposed Rule has requirements. safety and soundness and applicable a significant economic impact on small After comparing existing levels with law, including the Dodd-Frank Act. The banks and savings associations we the proposed new requirements under agencies are requesting comment on compared the estimated annual cost the Basel III NPR, the FDIC determined potential options for simplifying the with annual noninterest expense and that 62 small banks and savings Proposed Rule and reducing burden, annual salaries and employee benefits associations that it regulates would fall including whether to permit certain for each institution. If the estimated short of the proposed increased capital small banks and savings associations to annual cost was greater than or equal to requirements. Together, those continue using portions of the current 2.5 percent of total noninterest expense institutions would need to raise general risk-based capital rules to or 5 percent of annual salaries and approximately $164 million in calculate risk-weighted assets. employee benefits we classified the regulatory capital to meet the proposed Additionally, the agencies proposed the impact as significant. The FDIC has following alternatives and flexibility concluded that the proposals included minimum requirements set forth in the Basel III NPR. The FDIC estimates that features: in the NPR would exceed this threshold • for 2,413 small state nonmember banks, the cost of lost tax benefits associated Small banks and savings 114 small savings banks, and 45 small with increasing total capital by $164 associations are not subject to the state savings institutions. Accordingly, million will be approximately $0.9 enhanced disclosure requirements of the for the purposes of this IRFA, the FDIC million per year. Averaged across such Proposed Rule. has concluded that the changes institutions, the cost attributed to the • Small banks and savings proposed in the Standardized Approach Basel III NPR is approximately $15,000 associations would continue to apply a NPR, when considered without regard per institution per year. 100 percent risk weight to corporate to other changes to the capital The FDIC concluded for purposes of exposures (as described in section l.32 7 requirements that the agencies its IRFA for the Basel III NPR that the of the Proposed Rule). simultaneously are proposing, would changes described in the Basel III NPR, • Small banks and savings have a significant economic impact on when considered without regard to associations may choose to apply the a substantial number of small banks and changes in this NPR, would not result simpler gross-up method for savings associations. in a significant economic impact on a securitization exposures rather than the Additionally, it may be informative to substantial number of small banks and SSFA (as described in section l.43 of consider the changes proposed in the savings associations, given the nominal the Proposed Rule). Standardized Approach NPR together compliance requirements that likely • The proposed rule offers small with changes proposed in the separate would result from the future adoption banks and savings associations a choice notice of proposed rulemaking by the agencies of the Basel III NPR. between a simpler and more complex published jointly by the agencies in the As noted above, the FDIC has methods of risk weighting equity Federal Register on August 30, 2012, concluded that the proposed changes in exposures to investment funds (as titled, ‘‘Regulatory Capital Rules: the Standardized Approach NPR would described in section l.53 of the Regulatory Capital, Implementation of result in a significant economic impact Proposed Rule). Basel III, Minimum Regulatory Capital on a substantial number of small banks Ratios, Capital Adequacy, Transition and savings associations. Further, if The FDIC welcomes comment on any Provisions, and Prompt Corrective both the Standardized Approach NPR significant alternatives to the Action; Proposed Rule’’ (Basel III NPR).6 and the Basel III NPR were adopted, Standardized Approach NPR applicable The changes described in the Basel III there would be a significant economic to small banks and savings associations NPR include changes to minimum impact on a substantial number of small that would minimize their impact on capital requirements that would impact banks and savings associations. those entities. Dated at Washington, DC, this 12th day of 6 77 FR 52792. 7 Id. at 52836. October, 2012.
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Federal Deposit Insurance Corporation. also available at the http:// Personal identifying information and Robert E. Feldman, www.regulations.gov Web site for easy confidential business information Executive Secretary. reference. Paper comments that identified and located as set forth above [FR Doc. 2012–25495 Filed 10–16–12; 8:45 am] duplicate the electronic submission are will be redacted, and the comment, in BILLING CODE 6714–01–P not necessary as all comments redacted form, will be posted online and submitted to www.regulations.gov will placed in the DEA’s public docket file. be posted for public review and are part Please note that the Freedom of DEPARTMENT OF JUSTICE of the official docket record. Should Information Act applies to all comments you, however, wish to submit written received. If you wish to inspect the Drug Enforcement Administration comments via regular or express mail, agency’s public docket file in person by they should be sent to the Drug appointment, please see the FOR 21 CFR Part 1308 Enforcement Administration, Attention: FURTHER INFORMATION paragraph. DEA Federal Register Representative/ [Docket No. DEA–357] Request for Hearing, Notice of OD, 8701 Morrissette Drive, Springfield, Appearance at or Waiver of Schedules of Controlled Substances: VA 22152. All requests for hearing must Participation in Hearing be sent to Drug Enforcement Placement of Methylone Into In accordance with the CSA, this Schedule I Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, action is a formal rulemaking ‘‘on the AGENCY: Drug Enforcement Springfield, VA 22152. record after opportunity for a hearing.’’ 21 U.S.C. 811(a). Such proceedings are Administration, Department of Justice. FOR FURTHER INFORMATION CONTACT: conducted pursuant to the provisions of ACTION: Alan G. Santos, Associate Deputy Notice of proposed rulemaking. the Administrative Procedure Act (5 Assistant Administrator, Office of SUMMARY: The Drug Enforcement U.S.C. 556 and 557) and 21 CFR Diversion Control, Drug Enforcement 1308.41. Pursuant to 21 CFR 1308.44(a)– Administration (DEA) proposes placing Administration; Mailing Address: 8701 3,4-methylenedioxy-N-methylcathinone (c), requests for hearing, notices of Morrissette Drive, Springfield, Virginia appearance, and waivers of (methylone) including its salts, isomers, 22152; Telephone: (202) 307–7165. and salts of isomers whenever the participation may be submitted only by SUPPLEMENTARY INFORMATION: interested persons, defined at 21 CFR existence of such salts, isomers, and Posting of Public Comments: Please salts of isomers is possible, into 1300.01 as those ‘‘adversely affected or note that all comments received are aggrieved by any rule or proposed rule Schedule I of the Controlled Substances considered part of the public record and Act (CSA). This proposed action is issuable pursuant to section 201 of the made available for public inspection Act (21 U.S.C. 811).’’ Such requests or pursuant to the CSA which requires that online at http://www.regulations.gov such actions be made on the record after notices must conform to the and in the DEA’s public docket. Such requirements of 21 CFR 1308.44(a) or (b) opportunity for a hearing through information includes personal formal rulemaking. and 1316.47 or 1316.48, as applicable. A identifying information (such as your request or notice should state, with DATES: DEA will permit interested name, address, etc.) voluntarily particularity, the interest of the person persons to file written comments on this submitted by the commenter. in the proceeding and the objections or proposal pursuant to 21 CFR 1308.43(g). If you want to submit personal issues, if any, concerning which the Electronic comments must be submitted identifying information (such as your person desires to be heard. Any waiver and written comments must be name, address, etc.) as part of your must conform to the requirements of 21 postmarked on or before December 17, comment, but do not want it to be CFR 1308.44(c) and 1316.49, including 2012. Commenters should be aware that posted online or made available in the a written statement regarding the the electronic Federal Docket public docket, you must include the interested person’s position on the Management System will not accept phrase ‘‘PERSONAL IDENTIFYING matters of fact and law involved in any comments after midnight Eastern Time INFORMATION’’ in the first paragraph hearing. on the last day of the comment period. of your comment. You must also place Please note that pursuant to 21 U.S.C. Interested persons, defined at 21 CFR all of the personal identifying 811(a), the purpose and subject matter 1300.01 as those ‘‘adversely affected or information you do not want posted of the hearing is restricted to ‘‘(A) aggrieved by any rule or proposed rule online or made available in the public find[ing] that such drug or other issuable pursuant to section 201 of the docket in the first paragraph of your substance has a potential for abuse, and Act (21 U.S.C. 811),’’ may file a request comment and identify what information (B) mak[ing] with respect to such drug for hearing pursuant to 21 CFR 1308.44 you want redacted. or other substance the findings and in accordance with 21 CFR 1316.45 If you want to submit confidential prescribed by subsection (b) of section and 1316.47. Requests for hearing, business information as part of your 812 of this title for the schedule in notices of appearance, and waivers of comment, but do not want it to be which such drug is to be placed * * *’’ participation must be received on or posted online or made available in the Requests for hearing, notices of before November 16, 2012. public docket, you must include the appearance at the hearing, and waivers ADDRESSES: To ensure proper handling phrase ‘‘CONFIDENTIAL BUSINESS of participation in the hearing should be of comments, please reference ‘‘Docket INFORMATION’’ in the first paragraph submitted to DEA using the address No. DEA–357’’ on all electronic and of your comment. You must also information provided above. written correspondence. DEA prominently identify confidential encourages all comments be submitted business information to be redacted Legal Authority electronically through http:// within the comment. If a comment has The DEA implements and enforces www.regulations.gov using the so much confidential business Titles II and III of the Comprehensive electronic comment form provided on information that it cannot be effectively Drug Abuse Prevention and Control Act that site. An electronic copy of this redacted, all or part of that comment of 1970, often referred to as the document and supplemental may not be posted online or made Controlled Substances Act and the information to this proposed rule are available in the public docket. Controlled Substances Import and
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Export Act (21 U.S.C. 801–971), as temporary scheduling of these three receipt and evaluation of the scientific amended (hereinafter, ‘‘CSA’’). The synthetic cathinones was necessary to and medical evaluation and scheduling implementing regulations for these avoid an imminent hazard to the public recommendation from the Assistant statutes are found in Title 21 of the safety pursuant to 21 U.S.C. 811(h)(1). Secretary,2 DEA concluded its analysis Code of Federal Regulations (CFR), parts At the time the Final Order took effect, of all other relevant data for the 1300 to 1321. Under the CSA, controlled Section 201(h)(2) of the CSA (21 U.S.C. proposal to place methylone into substances are classified in one of five 811(h)(2) (2011)) required that the Schedule I of the CSA. schedules based upon their potential for temporary scheduling of a substance Included below is a brief summary of abuse, their currently accepted medical expire at the end of one year from the each factor as analyzed by HHS and use, and the degree of dependence the date of issuance of the scheduling order, DEA, and as considered by DEA in the substance may cause. 21 U.S.C. 812. The and it provided that, during the scheduling decision. Please note that initial schedules of controlled pendency of proceedings under 21 both the DEA and HHS analyses are substances by statute are found at 21 U.S.C. 811(a)(1) with respect to the available under ‘‘Supporting and U.S.C. 812(c) and the current list of substance, temporary scheduling of that Related Material’’ of the public docket scheduled substances are published at substance could be extended for up to for this proposed rule at 21 CFR Part 1308. six months.1 Under this provision, the www.regulations.gov under docket The CSA permits these schedules to temporary scheduling of methylone number DEA–357. be modified by providing that expires on October 20, 2012, unless 1. The Drug’s Actual or Relative scheduling of any drug or other extended pursuant to 21 U.S.C. Potential for Abuse: The abuse potential substance may be initiated by the 811(h)(2). An extension until April 20, of methylone is associated with its Attorney General (1) on his own motion; 2013, is being ordered by the ability to evoke pharmacological effects (2) at the request of the Secretary of Administrator in a separate action. similar to those evoked by the Schedule HHS, or (3) on the petition of any As described in the October 21, 2011, I and II substances such as cathinone interested party. 21 U.S.C. 811(a). The Final Order, methylone is a designer (Schedule I), methcathinone (Schedule Attorney General may, by rule, ‘‘add to drug of the phenethylamine class and is I), 3,4-MDMA (Schedule I), such a schedule or transfer between structurally and pharmacologically amphetamine (Schedule II), such schedules any drug or other similar to amphetamine, 3,4- methamphetamine (Schedule II), and substance if he (A) finds that such drug methylenedioxymethamphetamine cocaine (Schedule II). These Schedule I or other substance has a potential for (MDMA), cathinone and other related and II substances have a high potential abuse, and (B) makes with respect to substances. The addition of a beta-keto for abuse. such drug or other substance the (b-ketone) substituent to the The legislative history of the CSA findings prescribed by subsection (b) of phenethylamine core structure produces suggests the following four prongs to section 812 of this title for the schedule a group of substances that have b-keto- consider in determining whether a in which such drug is to be placed phenethylamine as the core structure. particular drug or substance has * * *’’ 21 U.S.C. 811(a). The findings Methylone has a b-keto-phenethylamine potential for abuse: 3 required for the placement of a core structure. Methylone has been used i. There is evidence that individuals controlled substance in Schedule I are: as research chemical. Based on the are taking the drug or other substance in ‘‘(A) The drug or other substance has a review of the scientific literature, there amounts sufficient to create a hazard to high potential for abuse. (B) The drug or are no known medical uses for their health or to the safety of other substance has no currently accepted methylone. The Assistant Secretary of individuals or to the community; or medical use in treatment in the United Health for the U.S. Department of ii. There is significant diversion of the States. (C) There is a lack of accepted Health and Human Services (HHS) has drug or substance from legitimate drug safety for use of the drug or other advised that there are no exemptions or channels; or substance under medical supervision.’’ approvals in effect for methylone under iii. Individuals are taking the 21 U.S.C. 812(b). section 505 (21 U.S.C. 355) of the substance on their own initiative rather Background Federal Food, Drug and Cosmetic Act. than on the basis of medical advice from a practitioner licensed by law to Proposed Determination To Schedule On September 8, 2011, the administer such drugs; or Administrator of the DEA published a Methylone iv. The drug is a new drug so related Notice of Intent to temporarily place This NPRM proposes the permanent in its action to a drug or other substance 3,4-methylenedioxy-N-methylcathinone scheduling of methylone pursuant to 21 already listed as having a potential for (methylone) along with two other U.S.C. 811(a)(1). On March 30, 2012, abuse to make it likely that the drug or synthetic cathinones (4-methyl-N- DEA requested a scientific and medical other substance will have the same methylcathinone (mephedrone) and 3,4- evaluation and scheduling potential for abuse as such drugs, thus methylenedioxypyrovalerone (MDPV)) recommendation from the Assistant making it reasonable to assume that into Schedule I pursuant to the Secretary of Health for HHS for there may be significant diversion from temporary scheduling provisions of the methylone, mephedrone and MDPV legitimate channels, significant use CSA (76 FR 55616). Following this, on pursuant to 21 U.S.C. 811(b). Upon contrary to or without medical advice, October 21, 2011, the Administrator or that it has a substantial capability of published a Final Order in the Federal 1 On July 9, 2012, President Obama signed the creating hazards to the health of the user Register (76 FR 65371) amending 21 Food and Drug Administration Safety and or to the safety of the community. CFR 1308.11(g) to temporarily place Innovation Act (Pub. L. 112–144) (FDASIA), which amended several provisions of the CSA. Subtitle D these three synthetic cathinones into of FDASIA is titled the ‘‘Synthetic Drug Abuse 2 DEA received from HHS Evaluation and Schedule I of the CSA pursuant to the Prevention Act of 2012.’’ In particular, FDASIA Recommendation documents with respect to temporary scheduling provisions of 21 amended Schedule I of section 202(c) of the CSA methylone, but not for mephedrone and MDPV. U.S.C. 811(h). This Final Order, which to include mephedrone and MDPV but not However, mephedrone and MDPV are listed as methylone, and amended section 201(h)(2) to Schedule I substances under FDASIA. became effective on the date of increase the maximum timeframes for temporary 3 Comprehensive Drug Abuse Prevention and publication, was based on findings by scheduling. Public Law 112–144, Sections 1152(b) Control Act of 1970, H.R. Rep. No. 91–1444, 91st the Administrator of the DEA that the and 1153. Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 4566, 4601.
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With respect to the first prong, a the neurotransmitters dopamine, states specifically control methylone. number of case reports and case series serotonin and norepinephrine in the Numerous local jurisdictions have also have shown that individuals are taking CNS. In drug discrimination assays, placed controls on methylone and other methylone and products containing methylone substitutes for MDMA, synthetic cathinones. All five branches methylone in amounts sufficient to amphetamine, methamphetamine, and of the U.S. military prohibit military induce adverse health effects similar to cocaine, which suggests that methylone personnel from possessing or using those induced by amphetamine, will likely produce subjective effects in synthetic cathinones including methamphetamine, and MDMA, humans similar to these substances and methylone. Schedule I and II substances. These have a similar pattern of abuse. Methylone has been reported to cause effects included elevated body Methylone, like methamphetamine, a number of adverse effects that are temperature, increases in heart rate and amphetamine, and cocaine, is a CNS characteristic of stimulants like respiratory exchange, changes in blood stimulant and produces locomotor methamphetamine, amphetamine, and pressure, seizures, erratic behavior, and stimulant activity in animals. cocaine. Adverse effects associated with coma. Even death has been reported Methylone has no known medical use the consumption of methylone include following the abuse of methylone or in the United States but evidence those typical of a sympathomimetic products containing methylone. Further, demonstrates that methylone is being agent such as palpitations, law enforcement encounters indicate abused by individuals for its hyperthermia, seizures, hyponatremia, the occurrence of a fatal automotive psychoactive effects. Methylone has bruxism, sweating, hypertension, accident that was caused by a driver been encountered by law enforcement tachycardia, headache, palpitations, under the influence of a product throughout the United States as reported thirst, mydriasis, tremor, fever, containing methylone. in NFLIS and in STRIDE databases sweating, and hypertension. Other In considering evidence of significant suggesting that individuals are abusing effects that have been reported from the diversion of the drug or substance from methylone. Methylone has also been use of methylone include psychological legitimate drug channels under the identified during the toxicological effects such as confusion, psychosis, second prong, it must be noted that as screening of individual human urine paranoia, hallucinations, of October 21, 2011, methylone has been samples which also demonstrates that combativeness, and agitation. Finally, temporarily controlled as a Schedule I individuals are abusing this substance. reports of death for individuals abusing substance and thus has not been legally In addition, information from poison methylone indicate that methylone is a available unless for research purposes. centers indicates the abuse of synthetic serious public health threat. However, the National Forensic cathinones which likely include 2. Scientific Evidence of the Drug’s Laboratory Information System (NFLIS), methylone. The American Association Pharmacological Effects, If Known: In which details over 2,500 reports from of Poison Control Centers (AAPCC) 4 the recommendation from HHS for the state and local forensic laboratories, reported in a press release that poison placement of methylone in Schedule I of identified methylone in drug related centers took 304 calls in 2010 regarding the CSA, HHS states that based on the exhibits for a period from January 2009 synthetic cathinone exposures and results of preclinical studies and the to June 2012 from 42 states. The System 6,138 calls in 2011. As of September 12, toxicological profile observed in to Retrieve Information from Drug 2012, poison centers have received emergency room cases and medical Evidence (STRIDE), which details 2,251 calls relating to these products examiner cases it is probable that reports from federal forensic this year. These calls were received in methylone produces pharmacological laboratories, identified methylone in poison centers representing at least 47 effects in humans that are similar to 220 drug related exhibits from a period states and the District of Columbia. those produced by the Schedule I and from January 2009 to June 2012. Although methylone may not be II substances amphetamine, For the third prong, HHS states that specifically identified during exposure methamphetamine, cocaine, and there is no currently accepted medical calls or identified by toxicology testing MDMA. These findings are based on use for methylone and no medical by AAPCC, it is likely that some of these published data on the release of practitioner is currently licensed by law retail products described by the callers monoamines, inhibition of reuptake of to administer methylone. Indeed, the contained methylone, based on the monoamines, and in vivo studies FDA has not approved a new drug identification of methylone in (microdialysis, locomotor activity, body application (NDA) for methylone for any approximately 26% of all synthetic temperature, drug discrimination) and therapeutic indication, and no cathinones related exhibits reported to are also based on data from studies investigational new drug (IND) NFLIS from January 2009 to June 2012. (locomotor, drug discrimination, in vitro application for methylone is currently State public health and poison centers receptor binding, and functional assays) active. Thus, with no accepted medical have warned of the dangers associated conducted by National Institute on Drug use or administering practitioners, with the use of synthetic cathinones and Abuse (NIDA) contract researchers. The individuals currently using products their associated products being found preclinical data showed that methylone containing methylone are doing so on on the designer drug market. In can substitute for MDMA or their own initiative without medical response to the abuse of methylone and amphetamine in rats trained to advice from a practitioner licensed to other synthetic cathinones, as of discriminate amphetamine or MDMA, administer methylone. September 2012, at least 42 states have respectively. Methylone, like With regard to the fourth prong, HHS emergency scheduled or enacted methamphetamine, amphetamine, and states that methylone produces legislation placing regulatory controls cocaine, is a CNS stimulant and pharmacological effects similar to those on some or many of the synthetic produces locomotor stimulant effects in produced by the Schedule I and II cathinones including mephedrone, animals. Methylone, like central nervous system (CNS) methylone, MDPV and/or a defined methamphetamine, has a rewarding substances such as amphetamine, general class of cathinones. At least 27 effect as evidenced by conditioned place methamphetamine, cocaine, and MDMA preference tests. Methylone is an which have a high potential for abuse. 4 AAPCC is a non-profit, national organization inhibitor of dopamine, serotonin and Methylone, like these Schedule I and II that represents the poison centers of the United norepinephrine uptake and also causes substances, affects the concentrations of States. the release of these neurotransmitters in
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the CNS. Furthermore, studies show stores, adult book stores, and gas 2,251 calls relating to these products that methylone, like MDMA, can be stations and can also be purchased on this year. These calls were received in cytotoxic to liver cells. HHS further the Internet under a variety of product poison centers representing at least 47 states that the toxicological profile names (White Dove, Explosion, states and the District of Columbia. observed in emergency room and Tranquility etc.). It is commonly Methylone may not have been medical examiner cases involving encountered in the form of powders, specifically mentioned during the methylone demonstrate that the capsules, and tablets. The packages of exposure calls but it is likely that some pharmacological profile observed in these commercial products usually of these retail products described by the humans is in accordance with contain the warning ‘‘not for human callers contained methylone based on preclinical data. consumption.’’ Poison centers reported the identification of methylone in 3. The State of Current Scientific a large number of toxic exposures to approximately 26% of all synthetic Knowledge Regarding the Drug or Other these products as indicated by the cathinones related exhibits reported to Substance: Methylone is a b- number of exposure calls related to NFLIS from January 2009 to June 2012. ketophenethylamine (i.e., synthetic synthetic cathinones. A large majority of Evidence of the increased abuse of cathinone) that is structurally and these exposures were by intentional methylone is supported by law pharmacologically similar to abuse, misuse, or suspected suicide. enforcement encounters of methylone. amphetamine, methamphetamine, Most of these exposures were described Forensic laboratories have analyzed MDMA, cathinone and other related as acute. AAPCC data also identified the drug exhibits received from state, local, substances. Methylone can be prepared most common route of administration or federal law enforcement agencies that from its corresponding ketone by a two- for the synthetic cathinones as were found to contain methylone. The step synthesis. Studies indicate that inhalation/nasal. Information from National Forensic Laboratory humans metabolize methylone and published scientific studies indicate Information System (NFLIS) is a metabolites of methylone have been that the most common routes of program sponsored by DEA’s Office of found in the urine samples of humans administration for methylone is Diversion Control. NFLIS compiles and animals given methylone. Research ingestion by swallowing capsules or information on exhibits analyzed in in anti-depressant and anti-parkinson tablets or nasal insufflation by snorting state and local law enforcement agents resulted in the synthesis and the powder. Evidence from poison laboratories. The System to Retrieve patenting of methylone. According to centers, published case reports, and law Information from Drug Evidence HHS, methylone has no approved enforcement encounters suggest that the (STRIDE) is a DEA database which medical use in the United States, does main users of methylone are young compiles information on exhibits not have an approved NDA, and is not adults. These substances are popular analyzed in DEA laboratories. NFLIS currently marketed in the United States among youths and young adults with and STRIDE together capture data for all in an FDA-approved drug product. A males appearing to abuse methylone substances reported by forensic drug has a ‘‘currently accepted medical more than females. There is evidence laboratory analyses. Methylone has been use’’ if all of the following five elements that methylone may be co-ingested with encountered by law enforcement as have been satisfied: the drug’s chemistry other substances including other reported in NFLIS.6 NFLIS details 2,797 is known and reproducible; and there synthetic cathinones, pharmaceutical reports from state and local forensic are adequate safety studies; and there agents, or other recreational substances. laboratories identifying methylone in are adequate and well-controlled studies 5. The Scope, Duration, and drug related exhibits for a period from proving efficacy; and the drug is Significance of Abuse: Evidence that January 2009 to June 2012 from 42 accepted by qualified experts; and the methylone is being abused is confirmed States. NFLIS registered 4 reports from scientific evidence is widely available. by drug courts,5 calls to poison centers, 3 states containing methylone in 2009. 57 Fed. Reg. 10499 (March 26, 1992). and encounters by law enforcement. However, there were 71 reports from 18 According to HHS, there are no Methylone has been identified in states related to these substances published clinical studies involving specimens from individuals submitted registered in NFLIS in 2010 and there methylone. DEA has also not found any for testing by drug court participants. were 1,655 reports from 41 states in references to clinical studies involving Drug courts submitted to DEA 18 reports 2011. From January to June 2012 there methylone’s efficacy and safety in the that detail the analysis of biological were 1,067 reports from 36 states. scientific and medical literature. Although the chemistry of methylone is specimens that contained synthetic STRIDE also details 220 reports from known and has been reproduced, as cathinones. Methylone was mentioned federal forensic laboratories identifying mentioned above there are no clinical in 5 of these reports. Evidence from methylone in drug related exhibits for a studies involving methylone. Thus, poison centers also indicates that the period from January 2009 to June 2012. methylone has no currently accepted abuse of synthetic cathinones like STRIDE (which reports data from 6 DEA medical use in treatment in the United methylone is widespread. The AAPCC laboratories) registered 1 exhibit States and there is a lack of accepted reported in a press release that poison pertaining to methylone in 2009. There safety for use of methylone under centers took 304 calls in 2010 regarding were 7 exhibits pertaining to the medical supervision. synthetic cathinone exposures and trafficking, distribution and abuse of 4. Its History and Current Pattern of 6,138 calls in 2011. As of September 12, methylone registered in STRIDE in 2010 Abuse: Methylone is a synthetic 2012, poison centers have received and 107 drug exhibits in 2011. In 2012, cathinone that emerged on the United 105 drug exhibits pertaining to the States’ illicit drug market in 2009 and 5 Drug courts were developed to achieve a trafficking, distribution and abuse of reduction in recidivism and substance abuse among methylone were recorded in the STRIDE prior to its temporary control was nonviolent, substance abusing offenders by perceived as being a ‘legal’ alternative to increasing their likelihood for successful database. cocaine, methamphetamine, and rehabilitation through early, continuous, and MDMA. Methylone is falsely marketed intense judicially supervised treatment, mandatory 6 State and local forensic drug reports from periodic drug testing, and the use of appropriate January 2009 to June 2012, analyzed on September as ‘‘research chemicals,’’ ‘‘plant food,’’ sanctions and other rehabilitation services. Drug 12, 2012. The 2012 drug reports are likely to be or ‘‘bath salts’’ and has been sold at courts analyze specimens from participants for new incomplete as of September 12, 2012, due to smoke shops, head shops, convenience and existing drugs of abuse. laboratory reporting lag time.
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At selected United States ports of death is not methylone toxicity) in Based on these findings, the entry, the U.S. Customs and Border deaths. Additionally, products Administrator of DEA concludes that Protection (CBP) has encountered containing methylone and other 3,4-methylenedioxy-N-methylcathinone shipments of products containing synthetic cathinones often do not bear (methylone) including its salts, isomers methylone. The most commonly labeling information regarding their and salts of isomers, whenever the identified synthetic cathinone was ingredients, and if they do it may not existence of such salts, isomers, and methylone. As of July 2012, methylone contain the expected active ingredients salts of isomers is possible, warrants was identified in 127 of 330 shipments or identify the health risks and potential control in Schedule I of the CSA (21 encountered by CBP from June 2008 to hazards associated with these products. U.S.C. 812(b)(1)). July 2012. These shipments of 7. Its Psychic or Physiological Requirements for Handling Methylone methylone were in powdered form Dependence Liability: According to ranging from gram to multi-kilogram HHS, there are no studies or case reports Methylone is currently scheduled on quantities. Most of the shipments of that document the psychic or a temporary basis in Schedule I and is these synthetic cathinones that physiological dependence potential of subject to the CSA regulatory controls contained methylone originated in methylone. However, HHS states that and administrative, civil, and criminal China and were destined for delivery because methylone shares sanctions applicable to the manufacture, throughout the United States to places pharmacological properties with those distribution, possession, dispensing, like Alaska, Arizona, Arkansas, of the Schedule I and II substances importing, and exporting of a Schedule California, Colorado, Florida, Hawaii, amphetamine, methamphetamine, I controlled substance, including those Illinois, Kansas, Louisiana, Oklahoma, cocaine, and MDMA, it is probable that listed below. These controls on Oregon, Missouri, Nevada, New Mexico, methylone has a dependence profile methylone will continue on a Tennessee, Texas, Washington, and similar to that of these substances which permanent basis if this rule is finalized West Virginia. are known to cause substance as proposed: Registration. Any person who Concerns over the abuse of methylone dependence. manufactures, distributes, dispenses, and other synthetic cathinones have 8. Whether the Substance is an imports, exports, engages in research or prompted many states to control these Immediate Precursor of a Substance conducts instructional activities with substances. As of September 2012, at Already Controlled Under the CSA: methylone or who desires to least 42 states have emergency Methylone is not considered an manufacture, distribute, dispense, scheduled or enacted legislation placing immediate precursor of any controlled regulatory controls on some or many of import, export, engage in research or substance of the CSA as defined by 21 the synthetic cathinones including conduct instructional activities with U.S.C 802(23). methylone. In addition, the U.S. Armed methylone would need to be registered Conclusion: Based on consideration of Forces prohibited the use of synthetic to conduct such activities pursuant to the scientific and medical evaluation cathinones including mephedrone, 21 U.S.C. 822 and 958 and in and accompanying recommendation of methylone and MDPV. accordance with 21 CFR Part 1301. 6. What, if any, Risk There is to the HHS, and based on DEA’s consideration Security. Methylone would be subject Public Health: Law enforcement, of its own eight-factor analysis, DEA to Schedule I security requirements and military, and public health officials finds that these facts and all relevant would need to be manufactured and have reported exposure incidents that data constitute substantial evidence of distributed pursuant to 21 U.S.C. 823 demonstrate the dangers associated with potential for abuse of methylone. As and in accordance with 21 CFR 1301.71, methylone to both the individual such, DEA hereby proposes to schedule 1301.72(a), (c) and (d), 1301.73, 1301.74, abusers and other affected individuals. methylone as a controlled substance 1301.75(a) and (c), 1301.76. Numerous individuals have presented at under the CSA. Labeling and Packaging. All labels emergency departments following Proposed Determination of Appropriate and labeling for commercial containers exposure to methylone or products Schedule of methylone which is distributed on or containing methylone. Case reports after the effective date of the finalization describe presentations to emergency The CSA establishes five schedules of of this rule would need to be in departments of individuals exposed to controlled substances known as accordance with 21 CFR 1302.03– methylone with symptoms that include Schedules I, II, III, IV, and V. The statute 1302.07, pursuant to 21 U.S.C. 825. tachycardia, headache, palpitations, outlines the findings required to place a Quotas. Quotas for methylone will be agitation, anxiety, mydriasis, tremor, drug or other substance in any established based on registrations fever, sweating, and hypertension. Some particular schedule. 21 U.S.C. 812(b). granted and quota applications received individuals under the influence of After consideration of the analysis and pursuant to part 1303 of Title 21 of the methylone have acted violently and recommendations of the Assistant Code of Federal Regulations. unpredictably causing harm, or even Secretary for Health of HHS and review Inventory. Every registrant required to death, to themselves or others. In of all available data, the Administrator keep records and who possesses any addition, individuals suspected of of DEA, pursuant to 21 U.S.C. 812(b)(1), quantity of methylone would be driving under the influence of finds that: required to keep an inventory of all intoxicating substances have been found (1) 3,4-methylenedioxy-N- stocks of methylone on hand pursuant to have positive test results for methylcathinone (methylone) has a high to 21 U.S.C. 827 and in accordance with methylone and some of these incidents potential for abuse; 21 CFR 1304.03, 1304.04, and 1304.11. involving methylone intoxications have (2) 3,4-methylenedioxy-N- Every registrant who desires registration resulted in the deaths of individuals. methylcathinone (methylone) has no in Schedule I for methylone would be There are at least three reported deaths currently accepted medical use in required to conduct an inventory of all in which methylone was ruled as the treatment in the United States; and stocks of the substance on hand at the cause of death by the medical examiner (3) There is a lack of accepted safety time of registration. or after an autopsy and there are many for use of 3,4-methylenedioxy-N- Records. All registrants would be reports in which methylone was methylcathinone (methylone) under required to keep records pursuant to 21 implicated (i.e., the primary cause of medical supervision. U.S.C. 827 and in accordance with 21
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CFR 1304.03, 1304.04, 1304.21, 1304.22, Paperwork Reduction Act of 1995 DATES: We must receive your comments and 1304.23. This action does not impose a new on or before November 16, 2012. Reports. All registrants required to collection of information under the ADDRESSES: Mail or deliver written submit reports pursuant to 21 U.S.C. Paperwork Reduction Act of 1995, 44 comments to the Manager, Product 827 and in accordance with 21 CFR U.S.C. 3501–3521. Classification, U.S. Postal Service, 475 1304.33 would be required to do so L’Enfant Plaza SW., Room 4446, regarding methylone. List of Subjects in 21 CFR Part 1308 Washington, DC 20260–5015. You may Order Forms. All registrants involved Administrative practice and inspect and photocopy all written in the distribution of methylone would procedure, Drug traffic control, comments at USPS® Headquarters be required to comply with the order Reporting and recordkeeping Library, 475 L’Enfant Plaza SW., 11th form requirements pursuant to 21 U.S.C. requirements. Floor N., Washington, DC by 828 and 21 CFR 1305. For the reasons set out above, 21 CFR appointment only between the hours of Importation and Exportation. All Part 1308 is proposed to be amended to 9 a.m. and 4 p.m., Monday through importation and exportation of read as follows: Friday by calling 1–202–268–2906 in methylone would need to be done in advance. Comments and questions can accordance with 21 CFR Part 1312, PART 1308—SCHEDULES OF also be emailed to pursuant to 21 U.S.C. 952, 953, 957, and CONTROLLED SUBSTANCES [email protected] using the 958. Criminal Liability. Any activity with 1. The authority citation for 21 CFR subject line ‘‘full-service January 2014.’’ methylone not authorized by, or in Part 1308 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Ana Cikowski, email: violation of, Subchapter I Part D and Authority: 21 U.S.C. 811, 812, 871(b), Subchapter II of the CSA occurring on unless otherwise noted. [email protected], phone: 202– or after effective date of the finalization 268–8079. 2. Section 1308.11 is amended by Himesh Patel, email: of this proposed rule would be adding a new paragraph (d)(36) to read unlawful. [email protected], phone: as follows: 703–280–7498. Regulatory Analyses § 1308.11 Schedule I. William Chatfield, email: [email protected], phone: Executive Orders 12866 and 13563 * * * * * 202–268–7278. In accordance with 21 U.S.C. 811(a), (d) * * * SUPPLEMENTARY INFORMATION: this proposed scheduling action is (36) 3,4-Methylenedioxy-N- On April subject to formal rulemaking procedures methylcathinone (Methylone)—7540 20, 2012, the Postal Service published done ‘‘on the record after opportunity * * * * * an advance notice of proposed rulemaking in the Federal Register (77 for a hearing,’’ which are conducted Dated: October 10, 2012. pursuant to the provisions of 5 U.S.C. FR 23643–23647) to require use of full- Michele M. Leonhart, service Intelligent Mail to obtain 556 and 557. The CSA sets forth the Administrator. criteria for scheduling a drug or other automation prices for First-Class Mail [FR Doc. 2012–25509 Filed 10–16–12; 8:45 am] substance. Such actions are exempt (FCM), Standard Mail, Periodicals, and BILLING CODE 4410–09–P from review by the Office of Bound Printed Matter (BPM) when Management and Budget pursuant to mailing postcards, letters, and flats. Section 3(d)(1) of Executive Order Background POSTAL SERVICE 12866 and the principles reaffirmed in In January 2009, the Postal Service Executive Order 13563. 39 CFR Part 111 offered the mailing industry two Executive Order 12988 Intelligent Mail options for automation Implementation of Full-Service This proposed regulation meets the discounts: basic-service and full-service. Intelligent Mail Requirements for Currently, a large number of mailers are applicable standards set forth in Automation Prices Sections 3(a) and 3(b)(2) of Executive using these options and reaping Order 12988 Civil Justice Reform to AGENCY: Postal ServiceTM. significant benefits and value. eliminate ambiguity, minimize ACTION: Proposed rule. When using the full-service option, litigation, establish clear legal mailers are required to: Apply unique standards, and reduce burden. SUMMARY: The Postal Service is Intelligent Mail barcodes (IMb) to proposing to revise Mailing Standards identify each letter, postcard, and flat Executive Order 13132 of the United States Postal Service, mailpiece; individually meet the ® This proposed rulemaking does not Domestic Mail Manual (DMM ) eligibility requirements for automation preempt or modify any provision of throughout various sections to modify prices according to class and shape; State law; nor does it impose eligibility requirements for mailers to apply unique Intelligent Mail tray enforcement responsibilities on any obtain automation prices for First-Class barcodes (IMtb) on trays, tubs, and ® ® ® State; nor does it diminish the power of Mail , Standard Mail , Periodicals , sacks; apply unique Intelligent Mail ® any State to enforce its own laws. and Bound Printed Matter when container barcodes (IMcb) on placards Accordingly, this rulemaking does not mailing postcards, letters, and flats. for containers, such as pallets; schedule have federalism implications warranting Effective January 2014, use of ‘‘full- appointments through Facility Access ® ® the application of Executive Order service’’ Intelligent Mail would be and Shipment Tracking (FAST ) if their 13132. required to obtain automation prices. mail is accepted at an origin facility and Additionally, the 10/24 transitional entered at a downstream USPSTM Executive Order 13175 barcoded tray label format would be processing facility; and use an approved This proposed rule will not have eliminated and mailers would be electronic method to transmit to the tribal implications and will not impose required to use the 24-digit Intelligent Postal Service mailing documentation substantial direct compliance costs on Mail barcode (IMbTM) format on tray, and postage statements. If the mailing is Indian tribal governments. tub, and sack labels. being prepared or presented on behalf of
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another entity, the electronic • Mailers would be able to more data to be captured on mail processing documentation (eDoc) should include effectively plan operations, assess the and other scanning equipment. additional information to support the success of advertising campaigns, and Since the introduction of the full- by/for mailing relationships. Effective improve customer interaction. service Intelligent Mail requirements, January 2014, the requirements relative over four years ago, the Postal Service Advantages for the Postal Service to the by/for relationships would be has worked closely with mailers, enforced. • Visibility into the flow of mail software providers, and mail service We recognize that this proposal through the postal mail stream would providers to simplify, refine, and evolve would require significant changes for enable enhanced diagnostics of service full-service offerings. Thousands of mailers who currently benefit from performance. mailers, software providers, and mail • automation discounts. Therefore, the Scan data on containers, trays, and service providers have demonstrated the Postal Service is proposing to mailpieces would allow the Postal ability to meet the requirements for full- implement initiatives to limit the Service to measure the number of hours service Intelligent Mail. and minutes between operations. Based on feedback provided by users impact on customers who enter small • volume mailings, particularly for those Scan data would allow the Postal of full-service Intelligent Mail, the use customers who mail infrequently and Service to identify operational of full-service would transform the have limited resources to adopt new bottlenecks and continue to improve mailing industry. Unambiguous data mailing practices. Additional tools service for commercial FCM, Standard would drive improvements across the Mail, and Periodicals. broad spectrum of mailer and postal would be available for these mailers, • and the associated, simplified The ability to provide real-time processes. Mailers who embrace full- requirements are described further in alerts to postal operations would enable service would thrive from continued use this notice. them to respond to and avoid potential of full-service Intelligent Mail. service failures. Our proposal would continue the • Advance notification of volumes Transitioning to Full-Service Intelligent ongoing transformation of data visibility and makeup of commercial mail would Mail and evolution of technological enable improved resource planning. The Postal Service continues to innovations. Full-service Intelligent • Accurate tracking of mail volumes develop enhancements, simplify Mail combines the use of unique scan as they move through the postal existing tools, streamline the processes codes with the provision of electronic network would enable improved for mailers to prepare mailings, and information regarding the makeup and management and staffing of operations. provide ease of use for small and large preparation of mail, which provides • Simplified mail acceptance mailers to transition to full-service high-value services and enables efficient processes would increase productivity Intelligent Mail. The Postal Service also mail processing. and reduce costs. recognizes that there maybe costs for The strategic vision of the Postal • The ability to measure service mailers associated with converting to Service is to create 100 percent visibility performance would be available for each full-service Intelligent Mail. in the mail stream by 2014. This vision full-service mailer. In support of the proposal to would provide mailers with near real- The mailer’s use of full-service transition to full-service Intelligent Mail time data that specify the location of Intelligent Mail is an integral part of the and the elimination of automation mailpieces within the postal mail Postal Service’s ongoing strategy to discounts with the use of POSTNETTM stream and the time of delivery for full- provide cost-effective and service- barcodes, the Postal Service proposes to service mailpieces. responsive mailing services. Efficient offer the following self-service tools, Full-service Intelligent Mail would use of postal resources can be achieved process enhancements, on-boarding offer numerous advantages to mailers with advance information on content simplifications, and postage incentives: and the Postal Service. and makeup of the mail. As mail is • Automated Business Reply Mail Advantages for Mailers: processed and sorted, postal sorting Tool—The USPS Automated Business equipment captures volume and Reply Mail® (ABRM) application is an • Mailers would be provided with destination information. The Postal online, self-service tool that allows comprehensive information on the Service has built and is refining systems Reply Mail customers to create domestic status of mailings as they progress that make information available to card-, letter-, and flat-size pieces of through the postal mail. downstream postal facilities for use Business Reply Mail® (BRMTM), • Visibility would enable mailers to with operational planning. The Courtesy Reply MailTM (CRMTM), and respond more effectively to customer planning data that is enabled through Metered Reply MailTM (MRM). ABRM inquiries on the status of valuable bills, full-service mailings provides also creates artwork for card- and letter- statements, catalogs, and publications. significant opportunities for size pieces of Qualified Business Reply • Mailers would have access to free improvements in efficiency and service MailTM (QBRM). In addition, ABRM address correction and tracking performance. However, when a provides the option to create a FIM & information of mailpieces from mail measurable percentage of mail (that is Barcode only for CRM and BRM entry to destination. prepared and entered by large-volume artwork. The ABRM tool offers a • The mailer’s annual mailing fee for commercial mailers and mail preparers) number of features for Reply Mail permits would be waived when postage does not provide similar information, customers, including the ability to: statements contain 90 percent or more these benefits cannot be fully captured. Design and create approved USPS of full-service mailpieces. Full-service Intelligent Mail would camera-ready artwork with an • Mailers would be allowed to use the also enable simplification of the current Intelligent Mail barcode (IMb); place the ‘‘Mail Anywhere’’ model, which allows mail acceptance procedures. With the barcode above the address block or in the use of a single permit at any availability of full-service mailing data the barcode clear zone; add an image or PostalOne!® site for mailings containing and unique identifiers, the business logo related to the mailpiece; allow a 90 percent or more of full-service mail acceptance procedures would be third-party vendor or mail service mailpieces (applies to FCM, Standard streamlined by use of an automated provider to create artwork for clients Mail, Periodicals, and BPM). verification process whereby allowing through the ABRM tool; download
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artwork designs in PDF and EPS is underway and scheduled for a be considered for a tech credit formats; and store mailpieces and logos release. regardless of current full-service status. in the ABRM library for future use (up —The PostalOne! dashboard is being To determine the level of qualifying to 100MB). enhanced by adding a functionality mail volume for each business location/ • Intelligent Mail Small Business that would allow mailer-initiated job CRID, the following steps would be Tool—Intelligent Mail for Small cancellations, resulting in the mailer’s taken: Business Mailers (IMsb) is an online, ability to cancel a job if none of the • Mail volume associated with each self-service tool which allows a mailer statements in the job have been permit as defined in the ‘‘Permit to produce a unique IMb. This online finalized or checked in by a postal Holder’’ and/or ‘‘Mailing Agent’’ fields tool is accessible through the Business acceptance clerk. Also, if there is would be evaluated. Permit types would Customer Gateway. It is intended for more than one statement in a job, all include: small volume mailers who enter of the statements associated with the • Permit Imprint mailings consisting of 5,000 pieces or job would be cancelled through this • Metered fewer pieces with an annual maximum user interface. • OMAS Imprint threshold of 125,000 pieces. The tool • Test Environment for Mailers—The • OMAS Metered may be used for FCM and Standard Mail Postal Service would develop a Test • Precancelled Stamp letter or flat mailings. The tool allows Environment for Mailers (TEM) • Periodicals the mailer to upload an address file certification process for software • Ghost. which is then processed for Delivery vendors and simplify the on-boarding • The following full-service eligible Point Validation. Standardized process for mailers using certified mailings would be considered as addresses with Intelligent Mail barcodes software. Vendors would have the qualifying mail volume: are returned in a .pdf format, which may option to go through the TEM process • FCM automation letters, cards, and be printed directly on an envelope or by indicating which mailing capabilities flats. label by the mailer. Mailers are able to are supported by their software, then • print unique tray labels. Mailers using Standard Mail automation letters completing test scenarios to and flats—includes IMb Enhanced the tool may qualify for the full-service demonstrate their software’s Mixed Automated Area Distribution Carrier Route (ECR), except saturation functionality when generating and flats. Center (MXD AADC) and Mixed Area submitting eDoc files that vary by mail • Periodicals automation/barcoded Distribution Center (MXD ADC) preparation requirements. These letters and flats—includes ECR letters & automation prices. Postage statements capabilities would be tracked by the are submitted electronically through flats. Postal Service and made available • Postage Wizard®. BPM barcoded flats. through a published list consisting of • • Simplified On-Boarding Process— authorized software for mailers. The mail volume for a one-year To provide ease of use for full-service period would be used in the evaluation. Potential software users could reference • mailers, the Postal Service proposes to the list to evaluate if the listed software To be considered for the tech credit, enhance the Business Customer meets their mailing needs. Mailers permits must have been opened and Gateway (BCG). These enhancements would only be required to submit a business locations (CRIDs) established. • include the following: Streamlined sign- single file to TEM when using software When determining a mailer’s up process; simplified steps to request that meets the following criteria: The qualifying volume, the Postal Service a service; automatic assignment of software is authorized for eDoc and full- will consider the ‘‘Permit Holder’’ and Mailer IDs (MIDs); redesigned user service when passed through the TEM ‘‘Mailing Agent’’ volume for each CRID interface, resulting in easier navigation, process for vendors for the capabilities and use the higher of the two volumes consolidation of screens, and contextual that the vendor supports in production. to determine the amount of the tech help screens; simplification of the Mailers using authorized software credit. Business Service Administration (BSA) would submit a single file to TEM to D The mail volume of the ‘‘Permit functionality; and restructured demonstrate that they are able to use the Holder’’ for each permit associated with validation and linkage of mailing software to generate accurate eDoc. a CRID would be aggregated. permits. In addition, the enhancement • Full-Service Technology Credit—In D The mail volume of the ‘‘Mailing would allow for identification of mail order to encourage mailers to convert to Agent’’ for each permit associated with service providers as well as the ability full-service Intelligent Mail, the Postal a CRID would be aggregated. • to request MIDs and services on behalf Service is proposing to offer a ‘‘Full- Each CRID that exceeds 125,000 of customers. In the case of small Service Technology Credit’’ (tech full-service eligible pieces in annual business users (one user/one account), credit). This credit is intended to help mail volume (total of all eligible volume account creation would be streamlined offset the investment required to from all eligible permits) would be by automatically assigning MIDs and implement the necessary hardware and awarded one tech credit as follows: multiple services at the same time. software infrastructure changes to • 125,001–500,000 pieces = $2,000 When these proposed simplifications support full-service mailings. postage credit. and enhancements are finalized, • 500,001–2,000,000 pieces = $3,000 detailed information will be Eligibility Criteria postage credit. communicated to the mailing industry. The mail volume of all ‘‘Permit • 2,000,001 + pieces = $5,000 postage Other enhancements to the on-boarding Holders’’ and ‘‘Mailing Agents’’, as credit. process would include the following: identified on a postage statement, would • Each business location would be —The Mail.dat® and Mail.XMLTM error be evaluated across qualifying permits eligible to redeem only one tech credit. messages from the uploading of eDoc for each business location/Customer D In the event there are multiple would be standardized to provide Registration ID (CRID). Each CRID that CRIDs identifying the same business explanations of irregularities more exceeds an annual volume of 125,000 location which have linked permits, the clearly and allow mailers to take qualifying pieces would be eligible to CRID with the highest eligible volume corrective action. This enhancement redeem a tech credit. All CRIDs would would receive the tech credit.
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Notification Process 1. Acceptance of Full-Service Intelligent D The requirement for full-service The Postal Service would provide Mail would cause the loss of my job. D advance notification to the industry Comments: This new requirement for full- regarding tech credit program status. D I think that full-service should be service would bankrupt my business. D This messaging would occur prior to the mandatory for the mailers. Full-service is advantageous for beginning of the promotion. D Full-service Intelligent Mail is a USPS but does not benefit the mailer. streamlined benefit to mailers and adds Postal Service Responses: Redemption Process a cost-savings to customers. D The Postal Service is continuing to The following credit redemption D Shops that do not want to invest research methods to simplify, guidelines would be used: and upgrade to full-service Intelligent streamline, and provide ease of use for • Any permit linked to a qualified Mail probably should not be entering small and large mailers to transition to CRID may redeem the tech credit as a mail anyway. full-service Intelligent Mail. The ® postage credit in mailings that contain D As long as CONFIRM tracking is industry has been very responsive in 90% or more full-service pieces. provided, we are in acceptance of full- providing feedback to help drive various • To apply this postage credit, the service Intelligent Mail. strategies that ultimately will achieve permit must be the paying permit in the D I certainly hope that the effective full transition to the use of full-service. D mailing (identified as Permit Holder). date is fixed and that the Postal Service Two primary areas of focus for the • The following permit types may be doesn’t plan to change the date several Postal Service are as follows: used: times. Yes, there is a lot involved in —Continuing to build a strong visibility Æ Permit Imprint. moving to full-service; however, the platform. Æ Additional Postage (ADDPOS). Postal Service has provided advanced —Acquiring new users of full-service Æ OMAS Imprint. notice and ample time to the industry. Intelligent Mail through the use of the Æ OMAS Metered. Many mailers have already begun newly proposed ‘‘Full-Service Æ Metered. preparing for full-service. Technology Credit.’’ D Æ Precancelled Stamp. We will be ready well in advance of D The Postal Service believes that Æ Periodicals. January 2014. full-service offers features that would D As a requirement for automation • Mailers may redeem the tech credit increase the value of the mail by discounts, I fully support the move to through eDoc submission via Mail.dat or providing mailers with more current full-service Intelligent Mail. We have Mail.XML. Postal Wizard submissions and ‘‘clean’’ addresses, gives mailers been successfully using full-service. would not be eligible. access to information about mailings D Our company chose to use a third- • Upon submission of an eligible that would enhance marketing party vendor and have experienced ease mailing, the tech credit would be strategies, eliminate unnecessary with implementing full-service automatically applied in full. paperwork, and assist mailers with Intelligent Mail. D developing better tools to acquire new A partial tech credit amount could D Our company is ready for full- revenue sources. Full-service diagnostic be applied to statements if the tech service Intelligent Mail. credit amount is greater than the total Postal Service Responses: reports would provide mailers with postage for the postage statement. D The Postal Service appreciates the visibility into the mail stream and D The remaining tech credit amount positive feedback and is fully aware of convey pertinent information, such as would be applied to subsequent the outstanding contributions rendered the number of pieces delivered, statement(s). by the current users of full-service forwarded, and or handled as • The tech credit redemption Intelligent Mail. These mailers have undeliverable as addressed (UAA). timeframe is proposed to run for a one- contributed to the collective knowledge- D Another area of focus for USPS is year period. base and continue to receive numerous simplification. In response to industry When final, further details regarding benefits from participating in the full- feedback, USPS is proposing the ‘‘Full-Service Technology Credit’’ service offering. Mailers using full- simplification of full-service processes, TM will be available on RIBBS at https:// service often espouse the significant which could result in lower costs for ribbs.usps.gov. value of additional data to drive change mailers when complying with full- in their marketing strategies and have service requirements. As described with Summary of Comments and USPS this proposed rule, when entering full- Responses established additional avenues to acquire new customers. Due to the vital service mailings, the Postal Service The Postal Service received 110 feedback provided by full-service would support capabilities through comments from a variety of mailers and participants, the Postal Service has a advanced, thorough communications mailer associations. The comments that greater understanding of the needs of and provide simplified on-boarding were received in addition to feedback mailers and is working to simplify full- processes. D from the Mailers Technical Advisory service requirements, which would A new address correction service Council (MTAC), Postal Customer potentially offer mailers a more user- (ACS) alternative process, full-service TM Council (PCC), and other outreach friendly experience. ACS fulfillment, would be in place to efforts, allowed the Postal Service to allow mailers to receive records develop initiatives that should enable 2. Cost/ROI immediately and the billing of non- mailers to efficiently transition to full- Comments: qualifying records as they are identified. service Intelligent Mail. D The use of vendors to meet the full- This fulfillment would provide the From the comments that were service requirement is too costly. records in the OneCode ACS® format received, some mailers and mailer D Costs to convert to full-service via the Electronic Product Fulfillment associations indicated that they look would add up quickly. (EPF) server. forward to embracing ‘‘full-service’’ D It would take years to recoup the D With simplification of full-service Intelligent Mail, while others expressed return on my investment. Intelligent Mail, mailers would concerns that were attributed to the five D In Postal Service industry, loans are experience many benefits as indicated categories listed below: hard to acquire. in the USPS responses below.
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D The Postal Service strongly disagrees volume and the assigned IMb for each at a facility other than a BMEU may that the investment of full-service is mail owner when the volume is below not receive a Start-the-Clock scan and not worth the benefits gained. a specific threshold. would be excluded from service D The on-boarding and submission measurement. 3. Complexity processes for mailers would be Comments: simplified. 4. Clarity and Awareness D Provide me with the tools to D The risk of error from incorrect data Comments: effectively comply with this would be mitigated by verifying D January 2014 is too soon to requirement. information for MIDs and CRIDs prior to negotiate budget allowances. D I want to do it myself without the eDoc submission. D PostalOne! is not ready to handle additional costs of a vendor. D The Mail.dat and Mail.XML error all full-service mailings. D Simplify the process. messages from the uploading of eDoc D The Postal Service is not leading the D Make it easy for mailers to transition. would be standardized to provide way. D Do not force me to use a vendor. explanations of irregularities more D The tools for reports and tracking D Do not phase out the price eligibility clearly, which would allow mailers to capabilities must be improved quickly. for basic-service Intelligent Mail. better understand the specific errors Postal Service Responses: D Basic service is sufficient for my encountered and take corrective action. D As described earlier in this company; give mailers an option. D The process for mailers to initiate proposed rule, plans are underway to D I’m finding it very difficult to receive job cancellations through the PostalOne! enhance the BCG by providing a more passing grades on my full-service tray dashboard would be improved. user-friendly experience. labels and pallet placards for D The Testing Environment for D Mailers entering simple mailings of Periodicals. Mailers would be simplified. fewer than 10,000 mailpieces would not Postal Service Responses: D Effective September 2012, USPS be required to provide information on D The Postal Service has taken all provided new options for the mailpieces that are nested in trays and suggestions from the mailing industry preparation of pallets, trays, and sacks containers. Additionally, mailers would under consideration regarding basic- of FCM and Standard Mail allowing be allowed to use the same unique piece service for Intelligent Mail and used mailers to: Place trays or sacks of sequence ID on all mailpieces within a these suggestions to simplify the full- residual single-piece FCM letters and mailing. service offering. flats on the origin sectional center D Additionally, the Postal Service D The Postal Service is streamlining and facility (SCF) pallet; place trays or sacks plans to use an IMb on all mailings and simplifying the full-service process of Standard Mail letters and flats paid internal operational printing. for mailers. at single-piece FCM prices on the mixed D The Postal Service is investing in D Mailers who enter fewer than 10,000 network distribution center (NDC) short- and long-term enhancements to pieces per mailing would be able to pallet; and combine FCM or Standard its PostalOne! infrastructure and use simplified documentation and Mail with different payment methods in conducting ongoing focus groups and mail preparation requirements to a single mailing and place trays of workshops to glean suggestions from the qualify for full-service Intelligent single-piece letters or flats on a mailing industry on future improvement Mail. specified pallet after USPS verification opportunities. D An IMsb tool was developed and is completed. Additionally, the Postal 5. General Comments would provide a simplified method Service is adding human-readable text for mailers to obtain a unique IMb for Comments: to content identifier number (CIN) codes D If automation and full-service mail pieces and help mailers to meet to accommodate use with single-piece Intelligent Mail barcodes are required, it the eDoc requirements for simple mailpieces. is essential that USPS communicates to mailings. D All pertinent USPS documents the industry its plans around D The Postal Service would continue to would be revised to clarify when consequences for mail quality errors. provide IMtb for mailers who container placards are required. D As specified with MERLIN, would D currently obtain tray labels from the Containers with placards would not the existing automation error thresholds Postal Service Label Print Center be required when mailings consist of the and policies still apply for full-service (LPC) in Topeka, Kansas. following: mailings? D Alternative methods of associating —A small volume mailing of FCM, D What price consequences would be mailpieces into handling units and Standard Mail, Periodicals, and BPM assessed for mailings that do not meet handling units into containers would entered directly at the dock of a USPS full-service qualifications? be implemented. The Postal Service processing facility or Destination D How would full-service failures be plans to extend and expand the use of Delivery Unit (DDU), as follows: Less assessed and monitored? logical trays/containers for all than 72 linear feet—6 full layers of D Where would the determination of mailings when mailers provide at letter trays; 24 linear feet—3 full full-service compliance be made—at least one sibling physical record (tray/ layers of tubs; or 500 pounds of induction or further downstream? container) for each logical tray/ bundles or sacks. D Would mail service providers be container; mailpieces can be —A small volume mailing of Standard permitted to rework mail that is not associated to the logical tray. Mail, Periodicals, and BPM entered at deemed in compliance with full-service D Information about visibility, start-the- a BMEU, as follows: Less than 72 requirements? clock, and mail data quality errors linear feet—6 full layers of letter trays; Postal Service Responses: would be provided to the mail 24 linear feet—3 full layers of tubs; or D Concerning mail quality errors, the preparer or mail owner as identified 500 pounds of bundles or sacks. Postal Service would allow adequate in eDoc. —A FCM mailing entered at a BMEU time for mailers to review and become D The complexity for mail service not prepared under a Customer familiar with mail data quality reporting providers who work with multiple Supplier Agreement (CSA). and take corrective action. small mail owners would be reduced, —Mail that is not presented in a D We are working with the mailing because they would not have to track container with an IMcb and is entered industry to define and develop a
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seamless acceptance process that would of the requirements that are in place to any of the numbers for a period of 45 leverage the data which is provided prepare a proper mailing. If mail owners days from the date of mailing. through full-service and eDoc. are required to get involved with the • Tray barcode. An IMtb is required D The Postal Service endeavors to process of applying for ID numbers and on letter trays, flat trays and sacks. streamline the acceptance and accounts with the Post Office, then you Unlike the 10-digit tray barcode verification process. are reducing the value of the mail containing only routing information that D Until the Postal Service fully houses, which are your most valuable is used currently, the 24-digit IMtb embraces a seamless environment, partners. includes additional fields to identify the existing thresholds and policies would Postal Service Response: mailer and uniquely number each tray, be maintained. Any changes to those D The Postal Service has several tub, or sack. The mailer’s USPS- thresholds would be defined options for acquisition of CRIDS/MIDs assigned MID must be included in the collaboratively with the industry to in bulk by a mail service provider using IMtb. Mailers are required to uniquely mutually establish and refine policies. an automated XML process or manual number each tray or sack in a mailing D The Postal Service would continue Excel-based request. Our RIBBS Web and not reuse any of the numbers for a to work with the industry to develop page has documents to assist in period of 45 days from the date of procedures and expect that monitoring determining which option would be mailing. Pieces inside each tray must be would be provided through more suitable. A link to the page is electronically linked or nested to the MicroStrategy reports designed provided below. Additionally, the IMtb. specifically to provide mailers and the • Postal Service continues to explore Container barcode. An IMcb is Postal Service with the necessary data to options to simplify the use of full- required on all containers used to understand mail quality issues. service Intelligent Mail and evaluate the transport and enter mail at postal D The seamless concept would allow concerns of mailers. Visit our RIBBS processing centers, such as pallets, all verification to be performed at points of Web page at https://ribbs.usps.gov/ purpose containers (APCs), rolling induction through data captured from index.cfm?page=intellmailmailidapp. stock, and gaylords, except certain small handheld scanners and mail processing volume and FCM mailings. This 21-digit equipment. Comment: IMcb includes fields to identify the D Concerning the mailer’s ability to D The full-service Intelligent Mail mailer and uniquely number each rework mail, under seamless TEM is a long, time-consuming process. container. Mailers must include their acceptance, data captured at induction I am significantly concerned about the USPS-assigned MID in the IMcb. and from mail processing equipment effort and time commitment to Mailers are required to uniquely number would be validated against eDoc and transition to full-service, while still each container in a mailing and not reported through seamless acceptance running my business. reuse any of the numbers for a period reporting. Postal Service Response: of 45 days from the date of mailing. Comment: D The Postal Service has recently Trays inside the container must be D To handle post list processing, this taken action to simplify the testing electronically linked or nested to the transition would cost mail houses requirements for individual mailers. A IMcb. When automation mailings are additional funds in software upgrades. process was developed to certify a not required to be containerized (too Currently, the mail house is able to vendor’s software based on specific small to require a pallet or rolling change the postage statements after the capabilities for which the software stock), an IMcb would not be required job is produced (such as tray or sack vendor has applied. The vision is for on placards nor would submission of counts) if what was used is different individual mailers/users of the certified IMcb records be required in eDoc. than what the qualification report software to collapse multiple requires. However, when full-service is submissions into a single submission to Intelligent Mail Tray Barcodes implemented, unless mailers have post- access the testing environment. Starting in January 2014, when processing software, we would not be Examination of the actual data mailings are entered and full-service able to change the Mail.dat file after the submitted for the initial physical automation prices are claimed, the use mail has been prepared. The Post Office mailings would return feedback to the of tray labels bearing 24-digit IMtb should provide this post-processing mailer on the verifications performed. would be required. An IMtb contains capability. the following information: Postal Service Response: Requirements for Full-Service • ZIP CodeTM: A 5-digit ZIP Code D The Postal Service is aware of the Intelligent Mail used to identify the destination of the mailer’s need to modify files after Intelligent Mail Barcodes tray or sack. submission, and we have been working • Content Identifier Number (CIN): • with industry representatives to identify Mailpiece barcode. The IMb on Describes tray or sack content, including options to make this available. A new letter and flat mailpieces encodes up to presort level and class. functionality would be deployed to 31-digits of mailpiece data into 65 • Content Label Source (L SRC): allow the mailer to delete a non- vertical bars. The IMb contains Designates whether tray, tub, or sack finalized job from the PostalOne! additional fields that encode ancillary contents are automation compatible. dashboard and resubmit the file without services, identify the mailer and the • Mailer ID: A 6- or 9-digit MID having to rename the file. class of mail, and allow unique assigned by the Postal Service for use in Comment: numbering/serialization of the the Intelligent Mail barcodes. D The switch to full-service is an mailpiece. The Postal Service would • Serial Number: A mailer would use onerous task that requires mailer service issue a unique MID to each mailer using this field to uniquely identify individual providers to submit a large amount of full-service Intelligent Mail, and the trays, tubs, or sacks. If a 6-digit MID is additional data. Also, it requires each of USPS-assigned MID must be included in assigned, the mailer would have 8 digits my customers to have their own CRID. the IMb. Except with simple mailings as to uniquely identify the handling units. Today, my customers come to me described above in this notice, mailers If a 9-digit MID is assigned, the mailer specifically, because they do not want to are required to uniquely number each would have 5 digits to identify the have to deal with the Post Office and all mailpiece in a mailing and not reuse handling units. To participate in the
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full-service option, the Serial Number Appointment Scheduling qualification and container reports, field is populated with a unique number All mailers whose mail is verified at which are used for verification, for each handling unit (tray or sack) in a DMU/BMEU and transported by the acceptance, and induction processes. the mailing. For 45 days from the date mailer or their agent to a USPS Mailings With Fewer Than 10,000 of mailing, these serial numbers must processing facility, including mailings Pieces remain unique. entered at origin and plant-verified drop • Label Type: Indicates MID field shipments (PVDS), would be required to Except mailings consisting of letter- length. schedule appointments using the FAST and flat-size Periodicals and BPM flats, full-service mailings with fewer than To access automation prices through system at postal facilities where 10,000 pieces do not require the the full-service option, mailers would be applicable. Mailers may schedule submission of eDoc—only an electronic required to populate all fields in the appointments online using the FAST postage statement is required. These IMtb and include a unique serial Web site or they may submit mailings may be electronically number. appointment requests through submitted using Postal Wizard, To view the final specifications and PostalOne! FAST Web Services using the Mail.XML specification. For Mail.XML, or Mail.dat. detailed information on the IMtb, access For mailings of fewer than 10,000 RIBBS at http://ribbs.usps.gov/. improved service performance measurement, visibility, and operational pieces, when postage is affixed to each Intelligent Mail Container Barcodes planning, the Postal Service piece at the correct price or each piece recommends that mailers link their is of identical weight and the mailpieces Mailers typically label containers of IMcb to FAST appointments. Mailers are separated by price, the serial number mail deposited with the Postal Service. must provide container barcodes as part field of each IMb can be populated with For full-service, mailers must apply a of the stand-alone content creation, a mailing serial number that is unique unique IMcb to container placards and appointment creation, and update to the mailing but common to all pieces keep the barcode unique for at least 45 processes through PostalOne! FAST in the mailing. This unique mailing days from the date of mailing. This IMcb Web Services. Mailers can also receive serial number must not be reused for a includes fields to identify the mailer close-out data through FAST online period of 45 days from the date of and uniquely identify each container. reports or PostalOne! FAST Web mailing. Except mailers of full-service To comply with the full-service Services. Periodicals letters and flats and BPM standards, mailers must apply placards flats, mailers who enter such mailings to all containers such as pallets, APCs, Electronic Documentation are not required to submit eDoc for the rolling stock, and gaylords. By submitting documents full-service option, only an electronic The IMcb has two formats. The format electronically, mailers are able to postage statement. Unique mailing serial a mailer uses depends upon the MID manage mailing data more effectively numbers must be populated in the assigned by the Postal Service. and avoid the creation of paper-based Postal Wizard entry screen field or in The IMcb label specifications are forms. Additionally, submission of the Mail.XML messages. Mailers must available in two physical sizes for the documents electronically enables the populate the serial number field of all IMcb barcode labels: One is the 8″ min Postal Service to capture efficiencies. Intelligent Mail tray or sack labels, and x 11″ format available on RIBBS, and the When entering full-service mailings, Intelligent Mail container barcodes other size is the 4″x7″ self adhesive eDoc is required. A mailer’s eDoc (when mailings are containerized) with format, also available on RIBBS. identifies the unique IMb applied to the unique mailing serial number. Postal • Application ID (Appl ID): ‘‘99’’ each mailpiece, tray, tub, sack, and Wizard cannot be used with full-service indicates the source of the barcode. container; it describes how mailpieces Periodicals and BPM mailings, even if are linked to handling units, such as under 10,000 pieces; Postal Wizard does • Type Indicator: ‘‘M’’ indicates a trays, tubs, and sacks; and identifies not support adding the MID or the serial mailer-generated barcode. how mailpieces and handling units are number(s) for these mailings. It should • Mailer ID: A 6- or 9-digit MID linked to containers. Additionally, eDoc also be noted, for full-service mailings assigned by the Postal Service for use in identifies spoilage or shortage of pieces using the Postal Wizard, only the owner the IMb. in a mailing, the preparer of the mailing, of the mailing permit will receive start- • Serial Number: A mailer would use and the mailer for whom the mailing is the-clock feedback. this field to uniquely identify individual prepared (i.e., Mail Owner). Mail Owner Mailings With 10,000 Pieces or Greater containers. If a 6-digit MID is assigned, identification is required for all pieces the mailer would have 12 digits to in a full-service mailing. When full-service mailings with uniquely identify the containers. If a 9- The eDoc is transmitted to PostalOne! 10,000 pieces or greater are entered, digit MID is assigned, the mailer would and used for verification, acceptance, mailers are required to use Mail.dat or have 9 digits to identify the containers. payment, service performance Mail.XML to electronically transmit To participate in the full-service option, measurement, and induction planning mailing documentation and postage the serial number field is populated and processing. Also, PostalOne! can statements. eDoc must contain with a unique number for each use this information to automate postage information about the unique ID that is container in the mailing. These unique statement generation and payment applied to the mailpieces, placards, serial numbers must not be reused for processing. PostalOne! has the trays, tubs, sacks, and containers. Also, 45 days from the date of mailing. To capability to provide mailers with the information must describe how access the automation prices through access to their mailing documentation mailpieces are linked to handling units the full-service option, mailers would be and financial transaction information 24 and how mailpieces and handling units required to populate all fields in the hours a day, 7 days a week. The are linked to containers. IMcb to include a unique serial number. PostalOne! system translates the In addition, when mailings are co- To view the final specifications and customer-generated electronic palletized, co-mingled, or combined in- detailed information on the IMcb, access information into postage statements and house or at a different plant, eDoc that RIBBS at http://ribbs.usps.gov. supporting documentation, such as outlines the linkage among associated
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containers, trays, tubs, and sacks would For detailed information about Although the USPS is exempt from be required. electronic mailing options, access the notice and comment requirements of RIBBS at http://ribbs.usps.gov. the Administrative Procedure Act [5 Submitting eDoc U.S.C of 553(b), (c)] regarding proposed Additional Mailing Information The three methods for submitting rulemaking by 39 U.S.C. 410(a), we Available With Full-Service eDoc are described as follows: invite public comments on the Mail.dat: Mail.dat serves as a medium Information on mailpiece quality and following proposed revisions to Mailing for electronic data exchange and is part visibility is available through the online Standards of the United States Postal of the overall PostalOne! application USPS BCG tool and PostalOne! Web Service, Domestic Mail Manual (DMM), and provides customers the capability to Services (Mail.XML). Mailers can query incorporated by reference in the Code of electronically submit mailing the information or obtain an automated Federal Regulations. See 39 CFR Part documentation over a secure subscription. As part of the full-service 111. connection. Mail.dat uses industry- program, the Postal Service will be standard electronic file formats to making the following information List of Subjects in 39 CFR Part 111 facilitate communication. Mailing available: Container and tray induction Administrative practice and information is used to generate and processing scans, IMb tracing procedure, Postal Service. documentation to support verification, bundle and piece scans; start-the-clock Accordingly, 39 CFR Part 111 is payment, and induction processes. information; address correction data; proposed to be amended as follows: Mail.dat specifications are available on and quality and documentation error RIBBS at http://ribbs.usps.gov. reporting information. PART 111—[AMENDED] Mail.XML: The Mail.XML is an overarching communication Intelligent Mail Barcode Embedded 1. The authority citation for 39 CFR specification that allows mailers to Data: Part 111 continues to read as follows: communicate eDoc and manage • Full-service unique Intelligent Mail Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– appointments with the Postal Service, barcodes must be embedded with the 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, while enabling it to provide quality, following data: Barcode Identifier and 401, 403, 404, 414, 416, 3001–3011, 3201– address correction, induction, and OEL information (if printed on the 3219, 3403–3406, 3621, 3622, 3626, 3632, visibility information back to mailers. mailpiece), Service Type Identifier 3633, and 5001. Mail.XML can also be used to (showing class of mail), Mailer 2. Revise the following sections of communicate between mailers and Identifier, Unique Serial Number, and Mailing Standards of the United States consolidators/transporters. Mail.XML is Delivery Point Routing Code (11-digit). Postal Service, Domestic Mail Manual part of the overall PostalOne! • Barcode Identifier: The barcode ID (DMM), as follows: application that enables a just-in-time is a 2-digit field reserved to encode the Mailing Standards of the United States connection (send information when you presort identification printed in human- Postal Service, Domestic Mail Manual are ready to share). The Mail.XML Web readable form on the Optional (DMM) Service uses a Simple Object Access Endorsement Line (OEL). Should be left Protocol (SOAP) to submit information as ‘‘00’’ if an OEL is not printed on the * * * * * in an Extensible Markup Language mailpiece, except for automation-rate 200 Commercial Letters and Cards (XML) format that ensures data are sent eligible flat mail with an optional and received by applications written in endorsement line, where the IMb must * * * * * various languages and deployed on contain OEL coding corresponding to 230 First-Class Mail various platforms. Mailing information the correct sortation level of each piece. is sent through Mail.XML to the • Service Type Identifier: The service 233 Prices and Eligibility PostalOne! system where the type identifier (STID) indicates class of * * * * * information is stored and used to mail and requested special services such generate documentation to support as scan information or ACS. 5.0 Additional Eligibility Standards verification and payment. Mail.XML • Mailer Identifier: The MID is a for Automation First-Class Mail Letters specifications are available on RIBBS at mandatory 6- or 9-digit identifier of the 5.1 Basic Standards for Automation http://ribbs.usps.gov. mail owner/mailing agent that is First-Class Mail Letters Postal Wizard: The Postal Wizard is assigned by the Postal Service based [Revise the introductory text of 5.1 as an online tool that allows mailers to upon documented historical mail securely enter their postage statement follows:] volume of the owner/agent. All pieces in a First-Class Mail information using PostalOne! mailers • Serial Number: The serial number automation mailing must meet full- may easily access Postal Wizard through is complementary with the MID for a service standards in 705.24.0 and: the Business Customer Gateway at combined total of 15 digits, which https://gateway.usps.com. leaves the mailer/agent with 6 or 9 * * * * * Postal Wizard verifies completed digits for unique mailpiece [Revise item 5.1e as follows:] e. Bear an accurate unique Intelligent information for an online postage identification. A combination of the Mail barcode encoded with the correct statement and automatically populates MID and serial number within a mail delivery point routing code, matching the permit holder section of the postage class must not be reused within 45 days the delivery address and meeting the statement based on the account number of the mailing date. provided. It guides the user through • Delivery Point Routing Code: The standards in 202.5.0 and 708.4.0, either items needed to complete the statement. delivery point routing code describes on the piece or on an insert showing Postal Wizard automatically calculates the 5-, 9-, or 11-digit field that identifies through a window. postage and validates submitted the delivery ZIP Code data in the * * * * * information. Once a postage statement is address. [Delete current 5.2 in its entirety and completed online, the electronic To view final specifications and renumber current 5.3 through 5.5 as statement is submitted directly to the detailed information on the IMb, access new 5.2 through 5.4.] acceptance unit. RIBBS at http://ribbs.usps.gov. * * * * *
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240 Standard Mail prices apply when mailpieces are not: 7.0 Additional Eligibility Standards 243 Prices and Eligibility barcoded with an Intelligent Mail for Automation Standard Mail Flats barcode, automation-compatible, and * * * * * 7.1 Basic Eligibility Standards for part of a full-service mailing under Automation Standard Mail 6.0 Additional Eligibility Standards 705.24.0. * * * * * [Revise the introductory text of 7.1 as for Enhanced Carrier Route Standard follows:] Mail Letters 7.0 Eligibility Standards for All pieces in a Regular Standard Mail 6.1 General Enhanced Carrier Route Automation Standard Mail or Nonprofit Standard Mail automation Standards 7.1 Basic Eligibility Standards for mailing must meet full-service * * * * * Automation Standard Mail standards in 705.24.0 and: * * * * * 6.1.2 Basic Eligibility [Revise the introductory text of 7.1 as [Revise item 7.1e as follows:] follows:] e. Bear an accurate unique Intelligent All pieces in an Enhanced Carrier All pieces in a Regular Standard Mail Route or Nonprofit Enhanced Carrier Mail barcode encoded with the correct or Nonprofit Standard Mail automation delivery point routing code, matching Route Standard Mail mailing must: mailing must meet full-service * * * * * the delivery address and meeting the standards in 705.24.0 and: standards in 302.5.0 and 708.4.0, either [Revise item 6.1.2g as follows:] * * * * * g. Meet the requirements for on the piece or on an insert showing [Revise item 7.1e as follows:] through a window. automation letters in 201.3.0 and bear e. Bear an accurate unique Intelligent an accurate unique Intelligent Mail * * * * * Mail barcode encoded with the correct [Delete current 7.2 in its entirety and barcode encoded with the correct delivery point routing code, matching delivery point routing code matching renumber current 7.3 through 7.4 as the delivery address and meeting the new 7.2 through 7.3.] the delivery address and meeting the standards in 202.5.0 and 708.4.0, either standards in 202.5.0 and 708.4.0, except on the piece or on an insert showing * * * * * for letters with simplified addresses or through a window. 360 Bound Printed Matter as provided in 6.1.2h. Letters mailed at automation carrier route (basic, high * * * * * 363 Prices and Eligibility [Delete current 7.2 in its entirety and density, or saturation) prices must be in renumber current 7.3 through 7.6 as * * * * * a mailing entered under full-service new 7.2 through 7.5.] Intelligent Mail standards in 705.24.0. 4.0 Price Eligibility for Bound Printed Pieces prepared with a simplified * * * * * Matter Flats address format are exempt from the full- 300 Commercial Flats 4.1 Price Eligibility service, automation-compatibility, and * * * Price categories are as follows: barcode requirements. * * * * * * * * * * * * * * * 330 First-Class Mail [Revise item 4.1d as follows:] 6.4 High Density Enhanced Carrier 333 Prices and Eligibility d. Barcoded Discount—Flats. The Route Standards * * * * * barcoded discount applies to BPM flats that meet the requirements for 6.4.1 Additional Eligibility Standards 5.0 Additional Eligibility Standards automation flats in 301.3.0 and bear an for High Density Prices for Automation First-Class Mail Flats accurate unique Intelligent Mail barcode [Revise the text of 6.4.1 as follows:] 5.1 Basic Standards for Automation encoded with the correct delivery point In addition to the eligibility standards First-Class Mail routing code and are part of a full- in 6.1, high density letter-size service mailing under 705.24.0. See 6.1 mailpieces must be in a full carrier route [Revise the introductory text of 5.1 as for more information. follows:] tray or in a carrier route bundle of 10 * * * * * or more pieces prepared under 245.6.0. All pieces in a First-Class Mail Except for pieces with a simplified automation flats mailing must meet full- 6.0 Additional Eligibility Standards address, only nonautomation high service standards in 705.24.0 and: for Barcoded Bound Printed Matter density letter prices apply when * * * * * Flats mailpieces are not: Barcoded with an [Revise item 5.1e as follows:] 6.1 Basic Eligibility Standards for Intelligent Mail barcode, automation- e. Bear an accurate unique Intelligent Barcoded Bound Printed Matter compatible, and part of a full-service Mail barcode encoded with the correct mailing under 705.24.0. delivery point routing code, matching [Revise the text of 6.1 as follows:] The barcode discount applies only to * * * * * the delivery address and meeting the standards in 302.5.0 and 708.4.0, either BPM flat-size pieces meeting the 6.5 Saturation ECR Standards on the piece or on an insert showing standards under 301.3.0 and that bear a through a window. unique Intelligent Mail barcode encoded 6.5.1 Additional Eligibility Standards with the correct delivery point routing * * * * * for Saturation Prices code, matching the delivery address and [Delete current 5.2 in its entirety and [Revise the text of 6.5.1 as follows:] meeting the standards in 302.5.0 and renumber current 5.3 through 5.5 as In addition to the eligibility standards 708.4.0. The pieces must be part of a new 5.2 through 5.4.] in 6.1, saturation letter-size mailpieces full-service nonpresorted mailing of 50 must be in a full carrier route tray or in * * * * * or more flat-size pieces or part of a full- a carrier route bundle of 10 or more 340 Standard Mail service Presorted mailing of at least 300 pieces prepared under 245.6.0. Except BPM flats prepared under 365.7.0, for pieces with a simplified address, 343 Prices and Eligibility 705.8.0, 705.14.0, and 705.24.0. The only nonautomation saturation letter * * * * * barcode discount is not available for
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flats mailed at Presorted DDU prices or 24.2 General Eligibility Standards documentation to the PostalOne! carrier route prices. [Revise the introductory paragraph of system. Unless otherwise authorized, * * * * * 24.2 as follows:] documentation must describe how each [Delete current 6.2 in its entirety and First-Class Mail, Periodicals, and mailpiece is linked to a uniquely renumber current 6.3 through 6.4 as Standard Mail letters and flats and identified tray or sack and how each new 6.2 through 6.3.] Bound Printed Matter flats meeting mailpiece and tray or sack is linked to * * * * * eligibility requirements for automation a uniquely identified container. Linking or carrier route prices, except for to logical trays, sacks, and containers 500 Additional Mailing Services Standard Mail ECR saturation flats or via sibling records is an option when 503 Extra Services Standard Mail ECR letters paying linking to a specific tray, sack, or nonautomation prices, are eligible for container is not feasible. The * * * * * full-service automation prices. All documentation also must meet the [Revise the title of 15.0 as follows:] pieces entered under the full-service requirements in A Guide to Intelligent 15.0 Intelligent Mail Barcode Tracing automation pricing must: Mail for Letters and Flats (at ribbs.usps.gov). Mailers must transmit * * * * * * * * * * [Revise item 24.2c as follows:] postage statements and documentation 15.1 Basic Information c. Be part of a mailing using unique to the PostalOne! system using Mail.dat, * * * * * Intelligent Mail container barcodes on Mail.XML, or Postal Wizard (see 24.5.3), all destination-entry pallets and other except that mailers of Periodicals letters 15.1.1 General Information containers prepared under 8.0 or as part and flats and Bound Printed Matter flats [Revise the text of 15.1.1 as follows:] of a customer/supplier agreement. must electronically submit postage Participation in Intelligent Mail Pallets or approved alternate containers, statements and documentation in all barcode (IMb) Tracing service is with unique Intelligent Mail container instances. available at no charge without a barcodes, also must be used whenever a * * * * * subscription. Requirements for mailing is entered at the dock of a participation in IMb Tracing include: USPS-processing facility and meets 707 Periodicals The use of an IMb on mailpieces entered minimum container/pallet volume * * * * * as part of a full-service mailing under requirements. A customer/supplier 705.24.0, the use of a Mailer Identifier agreement is authorized with a service 14.0 Barcoded (Automation) that has been registered (through the agreement signed by the mailer, the Eligibility USPS District Manager, Customer Business Customer Gateway, accessible 14.1 Basic Standards on usps.com) to receive scan data, and Service, and the USPS Processing and verification by the Postal Service that Distribution Center manager. The [Revise the introductory text of 14.1 as the IMb as printed meets all applicable service agreement contains provisions follows:] postal standards. regarding mailer and USPS responsibilities. All pieces in a Periodicals barcoded * * * * * (automation) mailing must meet the full- * * * * * 700 Special Standards service standards in 705.24.0 and: 24.4 Preparation * * * * * * * * * * * * * * * [Revise the first sentence of item 14.1c 705 Advanced Preparation and as follows:] Special Postage Payment Systems 24.4.2 Intelligent Mail Tray Labels *** [Revise the second sentence of c. Bear an accurate unique Intelligent * * * * * Mail barcode encoded with the correct [Revise the title of 24.0 as follows:] 24.4.2 as follows:] Mailing documentation, when delivery point routing code, matching 24.0 Full-Service Automation required, must associate each mailpiece the delivery address and meeting the Standards to a corresponding tray or sack, or to a standards in 202.5.0 (for letters), 302.4.0 (for flats), and 708.4.0, either on the 24.1 Description logical tray or sack, as described in 24.4.4. piece or on an insert showing through a window. *** [Add a new last sentence at * * * * * the end of the current text of 24.1 as * * * * * follows:] 24.4.3 Intelligent Mail Container Full-service automation mailings may Placards 14.2 Eligibility Standards for Full- Service Automation Periodicals include automation-compatible pieces * * * * * without barcodes, with POSTNET [Revise the second sentence of 24.4.3 [Revise the introductory text of 14.2 as barcodes, or with Intelligent Mail as follows:] follows:] barcodes. Mailings of full-service Mailing documentation, when automation letters must not be required, must associate each mailpiece All pieces entered under the full- comingled in the same tray with (and tray or sack, if applicable) to a service automation standards must: automation-compatible pieces without corresponding container (or a logical * * * * * barcodes, with POSTNET barcodes, or container) as described in 24.4.4, unless [Revise item 14.2b as follows:] with non-full-service Intelligent Mail otherwise authorized by the USPS. b. Be part of a mailing that meets the barcodes, and these pieces will not be * * * * * used to meet the eligibility standards for standards in 705.24.0. full-service or receive associated 24.4.4 eDoc * * * * * benefits. [Revise the text of 24.4.4 as follows:] 708 Technical Specifications [Delete current 24.1.1 and 24.1.2 in Mailers must electronically submit their entirety.] postage statements and mailing * * * * *
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6.0 Standards for Barcoded Tray Intelligent Mail tray labels are 2-inch DATE: Any comments on this proposal Labels, Sack Labels, and Container labels used on trays and sacks to must arrive by November 16, 2012. Placards provide unique identification within ADDRESSES: Submit comments, postal processing. 24-digit Intelligent 6.1 General identified by docket number EPA–R09– Mail tray labels include only a 24 digit OAR–2012–0754, by one of the 6.1.1 Tray and Sack Labels barcode printed in International following methods: [Revise the text of 6.1.1 as follows:] Symbology Specification (ISS) Code 128 Intelligent Mail tray labels are the subset C symbology (see Exhibit 6.3.3). 1. Federal eRulemaking Portal: USPS-approved method to encode Intelligent Mail tray labels also include www.regulations.gov. Follow the on-line routing, content, origin, and mailer a human readable field designed to instructions. information on trays and sacks. indicate the carrier route for carrier 2. Email: [email protected]. Intelligent Mail tray labels are designed route mailings, display an ‘‘AUTO’’ 3. Mail or deliver: Andrew Steckel for optimum use with Intelligent Mail indicator text for automation mailings, (Air-4), U.S. Environmental Protection barcoded mail and have the capacity to or remain blank for nonautomation Agency Region IX, 75 Hawthorne Street, provide unique identification mailings. Mailers using Intelligent Mail San Francisco, CA 94105–3901. throughout postal processing, but are tray labels must print labels in the 24- Instructions: All comments will be required to be used on all trays and digit Intelligent Mail tray label format. included in the public docket without sacks in presorted mailings. Detailed specifications for the tray label change and may be made available and barcode formats are at http:// * * * * * online at www.regulations.gov, ribbs.usps.gov. 6.2 Specifications for Barcoded Tray including any personal information [Delete current Exhibit 6.5.1, 10/24 and Sack Labels provided, unless the comment includes Transitional Intelligent Mail Tray Label, Confidential Business Information (CBI) * * * * * in its entirety.] or other information whose disclosure is [Delete current 6.5.2, Transitional 6.2.2 Line 1 (Destination Line) restricted by statute. Information that Intelligent Mail Tray Label Format, in its you consider CBI or otherwise protected The destination line must meet these entirety.] should be clearly identified as such and standards: [Renumber current 6.5.3 through 6.5.7 should not be submitted through a. Placement. The destination line as new 6.3.2 through 6.3.6.] must be the top line of the label. An www.regulations.gov or email. exception is that one line of extraneous * * * * * www.regulations.gov is an ‘‘anonymous information may appear above the We will publish an appropriate access’’ system, and EPA will not know destination line on tray and sack labels amendment to 39 CFR part 111 to reflect your identity or contact information as provided in 6.3.2, and 6.3.2f. The these changes if our proposal is unless you provide it in the body of destination line must be completely adopted. your comment. If you send email visible when placed in the label holder. Stanley F. Mires, directly to EPA, your email address will This visibility is ensured if the Attorney, Legal Policy & Legislative Advice. be automatically captured and included 1 destination line is no less than ⁄8 [FR Doc. 2012–25551 Filed 10–16–12; 8:45 am] as part of the public comment. If EPA (0.125) inch below the top of the label cannot read your comment due to BILLING CODE 7710–12–P when the label is cut and prepared. technical difficulties and cannot contact [Delete Exhibit 6.2.2a, Barcoded 2- you for clarification, EPA may not be inch Sack Labels, in its entirety.] able to consider your comment. ENVIRONMENTAL PROTECTION * * * * * Electronic files should avoid the use of AGENCY [Delete Exhibit 6.2.2b, Barcoded 1- special characters, any form of inch Sack Labels, in its entirety.] 40 CFR Part 52 encryption, and be free of any defects or * * * * * viruses. [EPA–R09–OAR–2012–0754; FRL–9740–6] 6.2.5 Line 3 (Origin Line) Docket: The index to the docket for this action is available electronically at [Revise the first sentence of 6.2.5 as Revisions to the California State Implementation Plan, Sacramento www.regulations.gov and in hard copy follows:] at EPA Region IX, 75 Hawthorne Street, The origin line must appear below the Metropolitan Air Quality Management Districts San Francisco, California. While all content line, except as allowed under documents in the docket are listed in 6.3.4 and 6.2.5a and 6.2.5b. * * * AGENCY: Environmental Protection the index, some information may be * * * * * Agency (EPA). publicly available only at the hard copy [Delete current 6.3, Additional ACTION: Proposed rule. location (e.g., copyrighted material), and Standards—Barcoded 2-Inch Sack some may not be publicly available in Labels and Barcoded Tray Labels, and SUMMARY: EPA is proposing to approve either location (e.g., CBI). To inspect the 6.4, Additional Standards—Barcoded 1- revisions to the Sacramento hard copy materials, please schedule an Inch Sack Labels, in their entirety.] Metropolitan Air Quality Management appointment during normal business * * * * * District (SMAQMD) portion of the hours with the contact listed in the FOR [Renumber current 6.5 as new 6.3 and California State Implementation Plan FURTHER INFORMATION CONTACT section. revise the title as follows:] (SIP). These revisions concern negative FOR FURTHER INFORMATION CONTACT: declarations for volatile organic 6.3 Specific Standards for Intelligent Cynthia Allen, EPA Region IX, (415) compound (VOC) source categories for Mail Tray Labels 947–4120, [email protected]. the SMAQMD. We are proposing to 6.3.1 Definitions approve these negative declarations SUPPLEMENTARY INFORMATION: This [Revise the text of renumbered 6.3.1 under the Clean Air Act as amended in proposal addresses the following as follows:] 1990 (CAA or the Act). negative declarations listed in Table I:
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TABLE 1—SUBMITTED NEGATIVE DECLARATIONS
Local agency Title Adopted Submitted
SMAQMD ...... Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, September 2008) ...... 03/22/12 07/12/12 SMAQMD ...... Automobile and Light-Duty Truck Assembly Coatings (EPA–453/R–08–006, September 03/22/12 07/12/12 2008).
In the Rules and Regulations section number EPA–HQ–OPP–2012–0202, by regulations.gov or email. Clearly mark of this Federal Register, we are one of the following methods: the part or all of the information that approving these negative declarations in • Federal eRulemaking Portal: http:// you claim to be CBI. For CBI a direct final action without prior www.regulations.gov. Follow the online information in a disk or CD–ROM that proposal because we believe these instructions for submitting comments. you mail to EPA, mark the outside of the negative declarations are not Do not submit electronically any disk or CD–ROM as CBI and then controversial. If we receive adverse information you consider to be identify electronically within the disk or comments, however, we will publish a Confidential Business Information (CBI) CD–ROM the specific information that timely withdrawal of the direct final or other information whose disclosure is is claimed as CBI. In addition to one rule and address the comments in restricted by statute. complete version of the comment that subsequent action based on this • Mail: OPP Docket, Environmental includes information claimed as CBI, a proposed rule. Please note that if we Protection Agency Docket Center (EPA/ copy of the comment that does not receive adverse comment on an DC), (28221T), 1200 Pennsylvania Ave. contain the information claimed as CBI amendment, paragraph, or section of NW., Washington, DC 20460–0001. must be submitted for inclusion in the this rule and if that provision may be • Hand Delivery: To make special public docket. Information so marked severed from the remainder of the rule, arrangements for hand delivery or will not be disclosed except in we may adopt as final those provisions delivery of boxed information, please accordance with procedures set forth in of the rule that are not the subject of an follow the instructions at http:// 40 CFR part 2. adverse comment. www.epa.gov/dockets/contacts.htm. 2. Tips for preparing your comments. We do not plan to open a second Additional instructions on When submitting comments, remember comment period, so anyone interested commenting or visiting the docket, to: in commenting should do so at this along with more information about i. Identify the document by docket ID time. If we do not receive adverse dockets generally, is available at http:// number and other identifying comments, no further activity is www.epa.gov/dockets. information (subject heading, Federal planned. For further information, please FOR FURTHER INFORMATION CONTACT: Register date and page number). see the direct final action. Kathryn Montague, Registration ii. Follow directions. The Agency may ask you to respond to specific questions Dated: September 27, 2012. Division, Office of Pesticide Programs, or organize comments by referencing a Jared Blumenfeld, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, Code of Federal Regulations (CFR) part Regional Administrator, Region IX. DC 20460–0001; telephone number: or section number. [FR Doc. 2012–25381 Filed 10–16–12; 8:45 am] (703) 305–1243; email address: iii. Explain why you agree or disagree; BILLING CODE 6560–50–P [email protected]. suggest alternatives and substitute language for your requested changes. SUPPLEMENTARY INFORMATION: iv. Describe any assumptions and ENVIRONMENTAL PROTECTION I. General Information provide any technical information and/ AGENCY or data that you used. A. Does this action apply to me? v. If you estimate potential costs or 40 CFR Part 180 You may be potentially affected by burdens, explain how you arrived at [EPA–HQ–OPP–2012–0202; FRL–9366–2] this action if you are an agricultural your estimate in sufficient detail to producer, food manufacturer, or allow for it to be reproduced. Receipt of a Pesticide Petition Filed for pesticide manufacturer. The following vi. Provide specific examples to Residues of Pesticide Chemicals in or list of North American Industrial illustrate your concerns and suggest on a Commodity Classification System (NAICS) codes is alternatives. not intended to be exhaustive, but rather vii. Explain your views as clearly as AGENCY: Environmental Protection provides a guide to help readers possible, avoiding the use of profanity Agency (EPA). determine whether this document or personal threats. ACTION: Notice of filing of petition and applies to them. Potentially affected viii. Make sure to submit your request for comment. entities may include: comments by the comment period • deadline identified. SUMMARY: This document announces the Crop production (NAICS code 111). • Animal production (NAICS code 3. Environmental justice. EPA seeks to Agency’s receipt of an initial filing of a achieve environmental justice, the fair pesticide petition requesting the 112). • Food manufacturing (NAICS code treatment and meaningful involvement establishment or modification of 311). of any group, including minority and/or regulations for residues of pesticide • Pesticide manufacturing (NAICS low-income populations, in the chemicals in or on the food commodity, code 32532). development, implementation, and wheat, grain. enforcement of environmental laws, DATES: Comments must be received on B. What should I consider as I prepare regulations, and policies. To help or before November 16, 2012. my comments for EPA? address potential environmental justice ADDRESSES: Submit your comments, 1. Submitting CBI. Do not submit this issues, the Agency seeks information on identified by docket identification (ID) information to EPA through any groups or segments of the
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population who, as a result of their wheat, grain from 0.1 parts per million this notice. All relevant comments location, cultural practices, or other (ppm) to 0.02 ppm. received will be posted without change factors, may have atypical or to www.regulations.gov, including any List of Subjects disproportionately high and adverse personal information provided. For human health impacts or environmental Environmental protection, access to the docket to read background effects from exposure to the pesticides Agricultural commodities, Feed documents or comments received, go to discussed in this document, compared additives, Food additives, Pesticides www.regulations.gov. to the general population. and pests, Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: Dr. requirements. II. What action is the Agency taking? Robbin Weyant, Director, Division of Dated: October 4, 2012. Select Agents and Toxins, Centers for EPA is announcing receipt of a Disease Control and Prevention, 1600 pesticide petition filed under section Lois Rossi, Clifton Road NE., Mailstop A–46, 408 of the Federal Food, Drug, and Registration Division, Office of Pesticide Atlanta, Georgia 30333. Telephone: Cosmetic Act (FFDCA), (21 U.S.C. 346a), Programs. (404) 718–2000. requesting the establishment or [FR Doc. 2012–25549 Filed 10–16–12; 8:45 am] modification of regulations in 40 CFR BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: part 180 for residues of pesticide I. Background chemicals in or on the food commodity, wheat, grain. The Agency is taking DEPARTMENT OF HEALTH AND Since late 2003, the World Health public comment on the request before HUMAN SERVICES Organization (WHO) has reported over responding to the petitioner. EPA is not 600 cases of human infection with proposing any particular action at this 42 CFR Part 73 highly pathogenic avian influenza (HPAI) H5N1 viruses with a mortality time. EPA has determined that the [Docket: CDC–2012–0010] pesticide petition described in this rate that exceeds 50 percent in document contains data or information Influenza Viruses Containing the hospitalized patients (Ref 1). Current prescribed in FFDCA section 408(d)(2); Hemagglutinin from the Goose/ epidemiologic evidence indicates that, however, EPA has not fully evaluated Guangdong/1/96 Lineage once transmitted into a human host, the sufficiency of the submitted data at H5N1 viruses may result in more severe this time or whether the data supports AGENCY: Centers for Disease Control and disease in humans than other subtypes granting of the pesticide petition. After Prevention (CDC), Department of Health of influenza. considering the public comments, EPA and Human Services (HHS). One important factor that can account intends to evaluate whether and what ACTION: Request for information and for some of the increased pathogenicity action may be warranted. Additional comment. is the hemagglutinin (HA) molecule. data may be needed before EPA can Cleavage of the HA molecule by host SUMMARY: The Centers for Disease make a final determination on this proteases (chemicals that can break Control and Prevention (CDC) within pesticide petition. amino acid bonds) enables influenza Pursuant to 40 CFR 180.7(f), a the Department of Health and Human viruses to productively infect cells (i.e., summary of the petition that is the Services (HHS) announces the opening replicate). For human influenza viruses, subject of this document, prepared by of a docket to obtain information and replication is restricted to the the petitioner, is included in a docket comments from the public to questions respiratory tract. However, HPAI H5N1 EPA has created for this rulemaking. concerning highly pathogenic avian viruses contain a polybasic amino acid The docket for this petition is available influenza (HPAI) H5N1 viruses that sequence in the HA molecule that is not online at http://www.regulations.gov. contain a hemagglutinin (HA) from the found in human influenza viruses. This As specified in FFDCA section Goose/Guangdong/1/96 lineage, and feature allows the molecule to be 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is their potential to pose a severe threat to cleaved by a wider variety of proteases publishing notice of the petition so that public health and safety. This throughout the body and consequently, the public has an opportunity to information will be considered in a HPAI H5N1 viruses can replicate comment on this request for the determination of whether such viruses systemically in avian species. establishment or modification of should be listed as HHS select agents, Extrapulmonary dissemination of regulations for residues of pesticides in by revising the HHS Select Agent HPAI H5N1 virus has been documented or on the food commodity, wheat, grain. Regulations (42 CFR Part 73). among some fatal human HPAI H5N1 Further information on the petition may DATES: Electronic or written comments virus infections. The HA molecule be obtained through the petition should be received on or before mediates binding of the influenza virus summary referenced in this unit. December 17, 2012. to host cells in the respiratory tract. EPA has received a pesticide petition ADDRESSES: You may submit comments Human influenza viruses preferentially (PP #1F7955) from Syngenta Crop identified by Docket Number CDC– bind to different receptors than avian Protection, LLC, P.O. Box 18300, 2012–0010, by any of the following influenza viruses (Ref 2). While human Greensboro, NC 27419 proposing, methods: influenza virus receptors are more pursuant to section 408(d) of FFDCA, 21 • Federal eRulemaking Portal: http:// prevalent in the upper respiratory tract, U.S.C. 346a(d), to amend 40 CFR www.regulations.gov. Follow the the receptors that bind avian viruses are 180.559 by amending the tolerances for instructions for submitting comments. present in the lower respiratory tract of residues of the herbicide, clodinafop- • Mail: Division of Select Agents and humans. The ability of H5N1 viruses to propargyl (propanoic acid, 2-[4-(5- Toxins, Centers for Disease Control and bind and infect cells within the lung chloro-3-fluoro-2- Prevention, 1600 Clifton Road NE., may contribute to the severity of H5N1 pyridinyl)oxy]phenoxy]-,2-propynyl Mailstop A–46, Atlanta, Georgia 30333, induced viral pneumonia (Ref 3–5). ester, (2R)-) and its acid metabolite Attn: Docket Number: CDC–2012–0010. Furthermore, a change from avian- to (propanoic acid, 2-[4-[5-chloro-3-fluoro- Instructions: All submissions received human-type receptor-binding 2-pyridinyl)oxy]phenoxy]-, (2R)-), in or must include the agency name and specificity, as seen with the pandemic on the raw agricultural commodity docket number (CDC–2012–0010) for strains of 1918 (H1N1), 1957 (H2N2),
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and 1968 (H3N2), is thought to be a (BARDA) within the Office of the confidence. The Executive Order 13546 critical step in the adaptation of avian Assistant Secretary for Preparedness also established the Federal Experts influenza viruses to humans and the and Response (HHS/ASPR) in HHS, the Security Advisory Panel (FESAP) to ability to transmit efficiently among National Institutes of Health (HHS/NIH), advise the HHS and USDA Secretaries humans (Ref 6–8). In two recent the Food and Drug Administration on the designation of Tier 1 agents and independent studies (Ref 9 and Ref 10), (HHS/FDA), USDA/APHIS, the USDA/ toxins. In December of 2010, the FESAP investigators have shown that laboratory Agricultural Research Service, the provided the HHS and USDA Select modified HPAI H5N1 influenza viruses USDA/Center for Veterinary Biologics, Agent regulatory programs with with certain mutations can be the Department of Homeland Security recommendations on updating the HHS transmitted via the respiratory route (DHS), and the Department of Defense and USDA Select Agent and Toxin lists, between ferrets. Ferrets are widely (DOD). The criteria used by the including a subset of agents and toxins considered to provide the best animal ISATTAC in its review were the degree recommended for Tier 1 designation. model for exploring these aspects of of pathogenicity, communicability, ease On October 3, 2011, HHS/CDC influenza virus pathogenicity as they of dissemination, route of exposure, published a notice of proposed might relate to human infection (Ref 11). environmental stability, ease of rulemaking (76 FR 61206) in which we We recognize that all HPAI H5N1 production, ability to genetically proposed a list of select agents and influenza virus clades found in humans manipulate or alter, long-term health toxins that should be considered Tier 1 to date have been derived from the effects, acute morbidity, acute mortality, select agents and toxins. The proposed Goose/Guangdong/1/96 lineage, and the available treatment, status of host Tier 1 agents and toxins that were based HA molecule enables the virus to infect immunity, vulnerability of special on Executive Order 13546 and the a host cell. Thus, we are interested in populations, and the burden or impact recommendations from FESAP were receiving information and comments on on the health care system. ISATTAC scored against 20 criteria by over 60 whether the influenza viruses that made the recommendation that the Subject Matter Experts representing the contain a hemagglutinin (HA) from the influenza viruses containing an HA Federal life sciences, public health, law Goose/Guangdong/1/96 lineage have the from the Goose/Guangdong/1/96 lineage enforcement, security, and intelligence potential to pose a severe threat to communities. The criteria included: do have the potential to pose a severe • public health and safety (Ref 12). threat to public health and safety. In The relative ease with which a Currently, all HPAI H5 subtype viruses making its recommendation to HHS/ particular select agent or toxin might be are regulated by the U.S. Department of CDC, the ISATTAC considered both the disseminated or transmitted from one Agriculture (USDA) Animal and Plant historical data regarding the Goose/ human to another or into the Health Inspection Service (APHIS) Guangdong/1/96 lineage and data from environment where it could produce a whose oversight focuses on the threat to current in vitro and in vivo animal deleterious effect upon human health; • The potential for a high mortality animal health and safety. Listing studies. The virulence of viruses of this rate; influenza viruses that contain an HA lineage, the data showing from the goose/Guangdong/1/96 lineage • The potential for a major human transmissibility of genetically modified health impact; as an HHS select agent will ensure that H5N1 viruses among ferrets, together the focus of regulation will also be on • Select agents or toxins whose with the fact that the level of immunity misuse might result in public panic or the potential impact of these viruses on in the general population is low were all human health as well as agriculture. other social or economic disruption; and considered. Further, in its • While USDA sets biosafety measures Select agents or toxins whose use recommendation the ISATTAC voiced that may also be more generally might require Federal, State, and/or concern that an influenza pandemic beneficial to public health, its focus local officials to take special action in caused by viruses containing an HA with respect to select agent designation planning for major human health from the Goose/Guangdong/1/96 is primarily on risks to agricultural disasters. lineage, could potentially overwhelm animals, rather than direct effects on We proposed that the following agents the health care system. The ISATTAC human health. There is precedence (e.g., should be designated as Tier 1 agents: also recognized that the study of the Bacillus anthracis) for including agents Bacillus anthracis, Botulinum Goose/Guangdong/1/96 lineage-derived that have both human and agricultural neurotoxin, Botulinum neurotoxin viruses could lead to significant public impacts on both the HHS and USDA producing species of Clostridium, Select Agent Lists. Designating HPAI health benefits for understanding Burkholderia mallei, B. pseudomallei, containing an HA from the Goose/ pandemic influenza, improved Francisella tularensis, Marburg virus, Guangdong/1/96 lineage an HHS select diagnostics, and the development of Variola major virus, Variola minor virus, agent, in addition to its status as a more effective countermeasures. and Yersinia pestis. On the same day, USDA select agent, may help to ensure Therefore, the risks posed by these USDA/APHIS published a companion that HPAI strains that have the greatest viruses need to be weighed against any rule in the Federal Register proposing potential for major direct effects on adverse impact that a regulation will its list of select agents and toxins that human health will be regulated with a have on legitimate research. should be considered Tier 1 select focus on protection of human health. On July 2, 2010, the President signed agents and toxins. Although USDA/ The question of whether the influenza Executive Order 13546, ‘‘Optimizing the APHIS regulates HPAI viruses as select viruses that contain an HA from the Security of Biological Select Agents and agents, they did not propose to Goose/Guangdong/1/96 lineage pose a Toxins in the United States’’ that designate HPAI viruses as Tier 1 select severe threat to public health and safety directed the Secretaries of HHS and agents. Given the above criteria used by was considered by HHS/CDC’s USDA to designate a subset of the select the FESAP, we would welcome Intragovernmental Select Agents and agents and toxins list (Tier 1) that comment on whether HPAI H5N1 Toxins Technical Advisory Committee presents the greatest risk of deliberate influenza viruses containing the HA (ISATTAC). The ISATTAC is comprised misuse with the most significant from the Goose/Guangdong/1/96 lineage of Federal government scientists from potential for mass casualties or should be listed as a Tier 1 select agent. HHS/CDC, the Biomedical Advanced devastating effects to the economy, The final determination of whether or Research and Development Authority critical infrastructure, or public not to designate this particular lineage
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of H5N1 HPAI as Tier 1 would be a clinical samples and/or laboratory human, avian, and equine H2 and H3 collaborative process between HHS and microbes, etc.)? and influenza virus isolates. Virology 205, 17– USDA. HHS and USDA would continue (7) Should special precautions (i.e., 23 (1994). to work closely together whether or not safety and containment measures) be 9. Masaki Imai,1 Tokiko Watanabe,1, 2 both HHS and USDA designate these considered when working with strains Masato Hatta,1 Subash C. Das,1 Makoto viruses as Tier 1 Select Agents. of HPAI containing the HA from the Ozawa,1, 3 Kyoko Shinya,4 Gongxun Goose/Guangdong/1/96 lineage that Zhong,1 Anthony Hanson,1 Hiroaki II. Establishment of a Docket and Katsura,5 Shinji Watanabe,1, 2 Chengjun have been shown to be transmissible Li,1 Eiryo Kawakami,2 Shinya Yamada,5 Request for Specific Input on Certain between mammals beyond those Topics Maki Kiso,5 Yasuo Suzuki,6 Eileen A. recommended for non-mammalian Maher,1 Gabriele Neumann1 & Yoshihiro We are establishing a docket to transmissible HPAI (Ref 13 and Ref 14)? Kawaoka. Experimental adaptation of an provide an opportunity for interested III. References influenza H5 HA confers respiratory persons to submit comments, research droplet transmission to a reassortant H5 data, and other information that will 1. WHO, Cumulative number of confirmed HA/H1N1 virus in ferrets. Nature. 2012 better inform us about the risk posed by human cases for avian influenza A(H5N1) May 2;486(7403):420–8. reported to WHO, 2003–2011; http:// 10. Russell CA, Fonville JM, Brown AE, HPAI H5N1 influenza viruses _ containing the HA from the Goose/ www.who.int/influenza/human Burke DF, Smith DL, James SL, Herfst S, animal_interface/H5N1_cumulative_table_ Guangdong/1/96 lineage to public van Boheemen S, Linster M, Schrauwen EJ, archives/en/index.html. Katzelnick L, Mosterı´n A, Kuiken T, Maher health and safety. In particular, we 2. Fukuyama S, Kawaoka Y. The E, Neumann G, Osterhaus AD, Kawaoka Y, welcome comment on the following pathogenesis of influenza virus infections: questions: The contributions of virus and host factors. Fouchier RA, Smith DJ. The potential for (1) Do HPAI H5N1 influenza viruses Curr Opin Immunol. 2011 Aug;23(4):481– respiratory droplet-transmissible A/H5N1 containing the HA from the Goose/ 6. Epub 2011 Aug 11. influenza virus to evolve in a mammalian host. Science. 2012 Jun 22; Guangdong/1/96 lineage pose a severe 3. Shinya K, Ebina M, Yamada S, Ono M, Kasai N, Kawaoka Y. Avian flu: Influenza 336(6088):1541–7. threat to public health and safety? 11. Belser JA, Szretter KJ, Katz JM, Tumpey (2) Are there other influenza strains virus receptors in the human airway. Nature. 2006 Mar 23;440(7083):435–6. TM. Use of animal models to understand containing HA from Goose/Guangdong/ 4. Nicholls JM, Chan MC, Chan WY, Wong the pandemic potential of highly 1/96 lineage that would also pose a HK, Cheung CY, Kwong DL, Wong MP, pathogenic avian influenza viruses. Adv severe threat even if they were not fully Chui WH, Poon LL, Tsao SW., Guan Y, Virus Res. 2009;73:55–97. of HPAI H5N1 origin? Peiris JS. Tropism of avian influenza A 12. WHO/OIE/FAO H5N1 Evolution Working (3) Are there any other HPAI H5N1 (H5N1) in the upper and lower respiratory Group. Continued evolution of highly influenza strains that have been tract. Nat Med. 2007 Feb;13(2):147–9. Epub pathogenic avian influenza A (H5N1): identified to pose a severe threat to 2007 Jan 7. updated nomenclature. Influenza Other public health and safety? 5. Van Riel D, Munster VJ, de Wit E, Respi Viruses. 2012 Jan; 6(1): 1–5. doi: (4) Should these viruses be regulated Rimmelzwaan GF, Fouchier RA, Osterhaus 10.1111/j.1750–2659.2011.00298.x. Epub AD, Kuiken T. H5N1 Virus Attachment to 2011 Oct 29. as HHS select agents? Lower Respiratory Tract. Science. 2006 (5) If these viruses should be 13. Guidelines for Avian Influenza Viruses Apr 21;312(5772):399. Epub 2006 Mar 23. (http://www.selectagents.gov/resources/ regulated as HHS select agents, should 6. Matrosovich, M., et al. Early alterations of these viruses be designated as Tier 1 Guidelines%20for%20Avian%20 the receptor-binding properties of H1, H2, Influenza%20Viruses_2011-11-4.pdf). select agents? and H3 avian influenza virus 14. Biosafety in Microbiological and (6) Should special precautions (i.e., hemagglutinins after their introduction Biomedical Laboratories (http:// into mammals. J Virol 74, 8502–8512 safety and containment measures) be www.cdc.gov/biosafety/publications/ (2000). considered when working with bmbl5/index.htm). diagnostic specimens suspected of 7. Stevens, J., et al. Glycan microarray containing HPAI H5N1 influenza analysis of the hemagglutinins from Dated: October 9, 2012. modern and pandemic influenza viruses Kathleen Sibelius, viruses containing the HA from the reveals different receptor specificities. J Secretary. Goose/Guangdong/1/96 lineage (i.e., any Mol Biol 355, 1143–1155 (2006). precautions versus none at all, 8. Connor, R.J., Kawaoka, Y., Webster, R.G. & [FR Doc. 2012–25377 Filed 10–16–12; 8:45 am] precautions beyond those usual for Paulson, J.C. Receptor specificity in BILLING CODE 4163–18–P
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Notices Federal Register Vol. 77, No. 201
Wednesday, October 17, 2012
This section of the FEDERAL REGISTER conducting the 2008/2009 antidumping reconsidering Grobest’s request for contains documents other than rules or duty administrative review of Grobest & revocation in light of the results of that proposed rules that are applicable to the I-Mei Industrial (Vietnam) Co., Ltd. review. The Court also ordered the public. Notices of hearings and investigations, (‘‘Grobest’’) pursuant to the CIT’s order. Department to treat the review of committee meetings, agency decisions and Grobest as being conducted pursuant to rulings, delegations of authority, filing of DATES: Effective Date: September 23, petitions and applications and agency 2012. the deadlines listed in section 751(a)(3) of the Act, calculating the deadlines statements of organization and functions are FOR FURTHER INFORMATION CONTACT: beginning from the date of the entry of examples of documents appearing in this Susan Pulongbarit, Office 9, Import final judgment. section. Administration, International Trade Administration, U.S. Department of Timken Notice Commerce, 14th Street and Constitution DEPARTMENT OF COMMERCE In its decision in Timken, 8 as Avenue NW., Washington, DC 20230; clarified by Diamond Sawblades, the telephone: (202) 482–4031. International Trade Administration CAFC held that, pursuant to section SUPPLEMENTARY INFORMATION: On August [A–552–802] 516A(e) of the Tariff Act of 1930, as 9, 2010, the Department issued its Final amended (‘‘the Act’’), the Department Certain Frozen Warmwater Shrimp Results. In the Final Results, the must publish a notice of a court From the Socialist Republic of Department determined not to examine decision that is not ‘‘in harmony’’ with Vietnam: Notice of Court Decision Not Grobest as a voluntary respondent and a Department determination and must in Harmony With Final Results of rejected Amanda Foods (Vietnam) Ltd.’s suspend liquidation of entries pending Administrative Review, Notice of Re- (‘‘Amanda Foods’’) untimely separate a ‘‘conclusive’’ court decision. The CIT’s 5 conduct of Administrative Review of rate certification (‘‘SRC’’). September 13, 2012, judgment Grobest & I Mei Industrial (Vietnam) In Grobest I, the CIT remanded the sustaining the Department’s remand Co., Ltd., and Notice of Amended Final Final Results to the Department to, inter redetermination to accept Amanda Results of Administrative Review alia, reconsider its denial of Grobest’s Foods’ SRC and remand to individually voluntary respondent request and to review Grobest constitutes a final SUMMARY: On September 13, 2012, the 6 accept Amanda Foods’ SRC. On April decision of that court that is not in United States Court of International 30, 2012, the Department filed its harmony with the Department’ Final Trade (‘‘CIT’’ or ‘‘Court’’) entered final remand results, in which it determined judgment following its decision in Results. This notice is published in that individually reviewing Grobest as a fulfillment of the publication Grobest II, 1 regarding the final results of voluntary respondent would have been the antidumping duty administrative requirements of Timken. Accordingly, unduly burdensome and would have the Department will continue the review of certain frozen warmwater inhibited the timely completion of the shrimp (‘‘shrimp’’) from the Socialist suspension of liquidation of the subject administrative review. The Department merchandise pending the expiration of Republic of Vietnam (‘‘Vietnam’’) for the also accepted Amanda Foods’ SRC, per period covering February 1, 2008, the period of appeal, or if appealed, the Court’s instruction. pending a final and conclusive court through January 31, 2009.2 Consistent On July 31, 2012, the Court sustained decision. with the decision of the United States the Department’s remand results Court of Appeals for the Federal Circuit regarding Amanda Foods’ SRC, but Notice of Re-Conduct of Review of (‘‘Federal Circuit’’) in Timken,3 as remanded the Department’s rejection of Grobest clarified by Diamond Sawblades,4 the Grobest’s request for voluntary Pursuant to the Court’s final Department is notifying the public that respondent status and ordered the the final judgment in this case is not in judgment, the Department will re- Department to conduct an individual conduct the 2008/2009 administrative harmony with the Department’s Final review of Grobest as a voluntary Results and is amending the Final review of the antidumping duty order respondent and to reconsider Grobest’s on shrimp from Vietnam on Grobest. Results. The Department is also revocation request in light of the results notifying the public that it is re- 7 The Department will conduct the of that review. administrative review according to the Following the Court’s remand order in 1 deadlines listed in Section 751(a)(3) of See Grobest & I-Mei Industrial (Vietnam) Co. v. Grobest II, the Government moved the United States, Slip Op. 2012–100 (July 31, 2012) the Act, calculating the deadlines Court to enter final judgment so that the (‘‘Grobest II’’). beginning from the date the final 2 Department could re-conduct the See Certain Frozen Warmwater Shrimp from the judgment was entered, i.e., September Socialist Republic of Vietnam: Final Results and administrative review of Grobest under 13, 2012. The Department will also Partial Rescission of Antidumping Duty section 751(a)(3) of the Tariff Act of reconsider Grobest’s request for Administrative Review, 75 FR 47771 (August 9, 1930, as amended. The Court granted 2010), and accompanying Issues and Decision revocation within the context of that this motion and ordered the Department Memorandum, as amended by Certain Frozen review. Warmwater Shrimp From the Socialist Republic of to re-conduct the administrative review Vietnam: Amended Final Results of Antidumping of Grobest by individually investigating Amended Final Results Duty Administrative Review, 75 FR 61122 (October Grobest as a voluntary respondent and 4,2010) (‘‘Final Results’’). Because there is now a final court 3 See Timken Co., v. United States, 893 F.2d 337 decision with respect to the Final 5 See Final Results. (Fed. Cir. 1990) (‘‘Timken’’). Results, the Department amends its 4 Diamond Sawblades Mfrs. Coalition v. United 6 See Grobest & I-Mei Industrial (Vietnam) Co. v. States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond United States, 36 CIT, 2d 1342 (2012) (‘‘Grobest I’’). Sawblades’’). 7 See Grobest II. 8 See Timken, 893 F.2d at 341.
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Final Results. The Department finds the initiated the second sunset review of the Magnesium Alloy’’ 5 (generally referred following revised margin to exist: AD order on pure magnesium in to as ‘‘off specification pure’’ granular form from the PRC, pursuant to magnesium); and (4) physical mixtures CERTAIN FROZEN WARMWATER section 751(c) of the Tariff Act of 1930, of pure magnesium and other material(s) SHRIMP FROM VIETNAM as amended (‘‘the Act’’).1 in which the pure magnesium content is The Department conducted an 50 percent or greater, but less than 99.8 expedited sunset review of the order. As Exporter Margin percent, by weight. Excluded from this (percent) a result of its review, the Department order are mixtures containing 90 determined that revocation of the AD percent or less pure magnesium by Amanda Foods (Vietnam) order on pure magnesium in granular weight and one or more of certain non- Ltd...... 3.92 form from the PRC would be likely to magnesium granular materials to make lead to continuation or recurrence of magnesium-based reagent mixtures. The The Department also amends the dumping and notified the ITC of the non-magnesium granular materials of Final Results by announcing that it is re- magnitude of the margins likely to which the Department is aware used to conducting the administrative review of prevail were the order to be revoked.2 make such excluded reagents are: Lime, Grobest, pursuant to the Court’s On October 1, 2012, the ITC calcium metal, calcium silicon, calcium September 13, 2012, order. published its determination, pursuant to carbide, calcium carbonate, carbon, slag This notice is issued and published in section 751(c) of the Act, that revocation coagulants, fluorspar, nephaline syenite, accordance with sections 516A(e)(1), of the AD order on pure magnesium in feldspar, aluminum, alumina (Al2O3), 751(a)(1), and 777(i)(1) of the Act. granular form from the PRC would calcium aluminate, soda ash, Dated: October 10, 2012. likely lead to a continuation or hydrocarbons, graphite, coke, silicon, Paul Piquado, recurrence of material injury to an rare earth metals/mischmetal, cryolite, Assistant Secretary for Import industry in the United States within a silica/fly ash, magnesium oxide, Administration. reasonably foreseeable time.3 periclase, ferroalloys, dolomitic lime, [FR Doc. 2012–25579 Filed 10–16–12; 8:45 am] Scope of the Order and colemanite. A party importing a BILLING CODE P magnesium-based reagent which There is an existing AD order on pure includes one or more materials not on 4 magnesium from the PRC. The scope of this list is required to seek a scope DEPARTMENT OF COMMERCE this order excludes pure magnesium clarification from the Department before that is already covered by the existing such a mixture may be imported free of International Trade Administration order on pure magnesium in ingot form, antidumping duties. and currently classifiable under item The merchandise subject to this order [A–570–864] numbers 8104.11.00 and 8104.19.00 of is currently classifiable under item the Harmonized Tariff Schedule of the 8104.30.00 of the HTSUS. Although the Pure Magnesium in Granular Form United States (‘‘HTSUS’’). from the People’s Republic of China: HTSUS subheading is provided for The scope of this order includes convenience and customs purposes, our Continuation of Antidumping Duty imports of pure magnesium products, Order written description of the scope of this regardless of chemistry, including, order is dispositive.6 AGENCY: Import Administration, without limitation, raspings, granules, Continuation of the Order International Trade Administration, turnings, chips, powder, and briquettes, Department of Commerce. except as noted above. As a result of these determinations by Pure magnesium includes: (1) SUMMARY: As a result of determinations the Department and the ITC that by the Department of Commerce (the Products that contain at least 99.95 revocation of the AD order on pure ‘‘Department’’) and the International percent primary magnesium, by weight magnesium in granular form would (generally referred to as ‘‘ultra pure’’ Trade Commission (the ‘‘ITC’’) that likely lead to a continuation or magnesium); (2) products that contain revocation of the antidumping duty recurrence of dumping, and material less than 99.95 percent but not less than (‘‘AD’’) order on pure magnesium in injury to an industry in the United 99.8 percent primary magnesium, by granular form from the People’s States, pursuant to section 751(d)(2) of weight (generally referred to as ‘‘pure’’ Republic of China (‘‘PRC’’) would likely the Act, the Department hereby orders magnesium); (3) chemical combinations lead to a continuation or recurrence of the continuation of the AD order on of pure magnesium and other material(s) dumping, or to a continuation or pure magnesium in granular form from in which the pure magnesium content is recurrence of material injury within a the PRC. 50 percent or greater, but less than 99.8 reasonably foreseeable time to an percent, by weight, that do not conform 5 industry in the United States, the The meaning of this term is the same as that to an ‘‘ASTM Specification for used by the American Society for Testing and Department is publishing this notice of Materials in its Annual Book of ASTM Standards:
continuation of the AD order. 1 Volume 01.02 Aluminum and Magnesium Alloys. See Initiation of Five-Year (‘‘Sunset’’) Review, 77 6 DATES: Effective Date: October 17, 2012. FR 4995 (February 1, 2012) (‘‘Initiation Notice’’). The Department has issued four scope rulings 2 with respect to pure magnesium in granular form. FOR FURTHER INFORMATION CONTACT: See Pure Magnesium in Granular Form from the See Notice of Scope Rulings and Anticircumvention People’s Republic of China: Final Results of Laurel LaCivita or Eugene Degnan, AD/ Inquiries, 68 FR 7772, 7774 (February 18, 2003); Expedited Second Sunset Review of Antidumping Memorandum to the File ‘‘Pure Magnesium in CVD Operations, Import Duty Order, 77 FR 33165 (June 5, 2012). Granular Form from the People’s Republic of China: Administration, International Trade 3 See Pure Magnesium (Granular) from China Final Scope Ruling: ESM Group Inc.,’’ dated Administration, U.S. Department of (Inv. No. 731–TA–895 (Second Review)), 77 FR September 18, 2006; Memorandum to Christian Commerce, 14th Street and Constitution 59979 (October 1, 2012). Marsh, ‘‘Pure Magnesium in Granular Form from 4 See Notice of Antidumping Duty Orders: Pure the People’s Republic of China: Final Scope Ruling Avenue NW., Washington, DC 20230; Magnesium From the People’s Republic of China, on Granular Magnesium Ground in Mexico,’’ dated telephone: (202) 482–4243 and (202) the Russian Federation and Ukraine; Notice of October 27, 2011; Memorandum to Christian Marsh, 482–0414, respectively. Amended Final Determination of Sales at Less ‘‘Pure Magnesium in Granular Form from the Than Fair Value: Antidumping Duty Investigation People’s Republic of China: Final Scope Ruling for SUPPLEMENTARY INFORMATION: On of Pure Magnesium From the Russian Federation, ESM Group Inc. (Atomized Magnesium),’’ dated February 1, 2012, the Department 60 FR 25691 (May 12, 1995). October 28, 2011.
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U.S. Customs and Border Protection SUPPLEMENTARY INFORMATION: same scope arguments and issues that will continue to collect cash deposits at were submitted in the case and rebuttal Background the rates in effect at the time of entry for briefs in this investigation. Petitioner, all imports of subject merchandise. The The petitioner in this investigation is the GOC, Trina Solar, Wuxi Suntech, effective date of the continuation of the Solar World Industries, America, Inc. Small Steps Solar, Ltd., and SunPower order will be the date of publication in (Petitioner). This investigation covers 31 Corporation provided comments on the the Federal Register of this notice of government programs. In addition to the scope of the investigations and the continuation. Pursuant to section Government of the PRC (GOC), the merchandise that is to be included in 751(c)(2) of the Act, the Department mandatory respondents in this the scope. intends to initiate the next five-year investigation are: (1) Changzhou Trina Scope of Investigation review of the order not later than 30 Solar Energy Co., Ltd. and its cross- days prior to the fifth anniversary of the owned affiliated company Trina Solar The merchandise covered by this effective date of continuation. (Changzhou) Science and Technology investigation are crystalline silicon This five-year (sunset) review and this Co., Ltd. (collectively, Trina Solar); and photovoltaic cells, and modules, notice are in accordance with section (2) Wuxi Suntech Power Co., Ltd. and laminates, and panels, consisting of 751(c) of the Act and published its cross-owned affiliated companies crystalline silicon photovoltaic cells, pursuant to section 777(i)(1) of the Act. Luoyang Suntech Power Co., Ltd., whether or not partially or fully Suntech Power Co., Ltd., Yangzhou assembled into other products, Dated: October 4, 2012. Rietech Renewal Energy Co., Ltd., including, but not limited to, modules, Paul Piquado, Zhenjiang Huantai Silicon Science & laminates, panels and building Assistant Secretary for Import Technology Co., Ltd., Kuttler integrated materials. See Appendix I for Administration. Automation Systems (Suzhou) Co., Ltd., a complete description of the scope of [FR Doc. 2012–25456 Filed 10–16–12; 8:45 am] Shenzhen Suntech Power Co., Ltd., this investigation. BILLING CODE 3510–DS–P Wuxi Sunshine Power Co., Ltd., Wuxi University Science Park International Critical Circumstances Incubator Co., Ltd., Yangzhou Suntech In the Preliminary Critical DEPARTMENT OF COMMERCE Power Co., Ltd., and Zhenjiang Rietech Circumstances Determination,4 the New Energy Science & Technology Co., Department concluded that critical International Trade Administration Ltd. (collectively, Wuxi Suntech, unless circumstances exist with respect to [C–570–980] otherwise indicated). imports of solar cells from the PRC for Period of Investigation Wuxi Suntech, Trina Solar, and all other Crystalline Silicon Photovoltaic Cells, producers or exporters, in accordance Whether or Not Assembled Into The period of investigation for which with section 703(e)(1) of the Tariff Act Modules, From the People’s Republic we are measuring subsidies is January 1, of 1930, as amended (Act). Our analysis of China: Final Affirmative 2010, through December 31, 2010. of the comments submitted by Countervailing Duty Determination and Case History interested parties has not led us to Final Affirmative Critical change our findings from the The events that have occurred since Circumstances Determination Preliminary Critical Circumstances the Department published the Determination. For a complete AGENCY: Import Administration, Preliminary Determination 2 on March discussion that reflects the Department’s International Trade Administration, 26, 2012, are discussed in the decisions regarding critical Department of Commerce. Memorandum to Paul Piquado, circumstances, see the Decision SUMMARY: The Department of Commerce Assistant Secretary for Import Memorandum. Therefore, in accordance (the Department) determines that Administration, Issues and Decision countervailable subsidies are being Memorandum for the Final with section 705(a)(2) of the Act, we provided to producers and exporters of Determination in the Countervailing continue to find that critical crystalline silicon photovoltaic cells, Duty Investigation of Crystalline Silicon circumstances exist with respect to whether or not assembled into modules Photovoltaic Cells, Whether or Not imports from Wuxi Suntech, Trina Solar (solar cells) from the People’s Republic Assembled Into Modules, from the and all other producers or exporters of of China (PRC). The Department further People’s Republic of China (Decision solar cells from the PRC, and we will determines that there have been massive Memorandum).3 continue to maintain the suspension of imports of subject merchandise over a liquidation of imports that entered the Scope Comments relatively short period of time by, and United States 90 days before the date of therefore critical circumstances do The scope-related comments publication of the Preliminary exist.1 For information on the estimated submitted by parties in the companion Determination, unless the U.S. subsidy rates, see the ‘‘Suspension of antidumping duty investigation in their International Trade Commission (ITC) Liquidation’’ section of this notice. case and rebuttal briefs covered the determines that critical circumstances do not exist. DATES: Effective Date: October 17, 2012. 2 See Crystalline Silicon Photovoltaic Cells, FOR FURTHER INFORMATION CONTACT: Whether or Not Assembled Into Modules, from the Analysis of Subsidy Programs and Gene Calvert, Jun Jack Zhao, or Emily People’s Republic of China: Preliminary Affirmative Comments Received Halle, AD/CVD Operations, Office 6, Countervailing Duty Determination, 77 FR 17439 The subsidy programs under Import Administration, U.S. Department (March 26, 2012) (Preliminary Determination). 3 Public versions of all business proprietary investigation and the issues raised in of Commerce, Room 7866, 14th Street documents and all public documents are on file and Constitution Avenue NW., electronically via Import Administration’s 4 See Countervailing Duty Investigation of Washington, DC 20230; telephone: (202) Antidumping and Countervailing Duty Centralized Crystalline Silicon Photovoltaic Cells, Whether or 482–3586, (202) 482–1396, or (202) 482– Electronic Service System (IA ACCESS). Access to Not Assembled Into Modules, from the People’s IA ACCESS is available to registered users at Republic of China: Preliminary Determination of 0176, respectively. http://iaaccess.trade.gov and in the Central Records Critical Circumstances, 77 FR 5487 (February 3, Unit (CRU), room 7046 of the main Department of 2012) (Preliminary Critical Circumstances 1 See ‘‘Critical Circumstances’’ below. Commerce building. Determination).
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the case and rebuttal briefs by parties in Whether the polysilicon producers at calculated a rate for each individually this investigation are discussed in the issue are ‘‘authorities’’ that provide investigated producer/exporter of the Decision Memorandum, which is hereby polysilicon for less than adequate subject merchandise. Section adopted by this notice. A list of the remuneration (LTAR); (2) whether the 705(c)(5)(A)(i) of the Act states that for subsidy programs and the issues that provision of polysilicon is specific in companies not investigated, we will parties raised and to which we accordance with section 771(5A) of the determine an ‘‘all-others’’ rate equal to responded in the Decision Act; (3) whether the land provided to the weighted average countervailable Memorandum is attached to this notice Trina Solar is countervailable; (4) subsidy rates established for exporters as Appendix II. The Decision whether the grants discovered during and producers individually Memorandum is a public document and the course of this investigation are investigated, excluding any zero and de is on file electronically via IA ACCESS. countervailable; and (5) the GOC’s minimis countervailable subsidy rates, IA ACCESS is available to registered provision of electricity for LTAR. In and any rates determined entirely under users at http://iaaccess.trade.gov and in addition, for the purposes of this final section 776 of the Act. the CRU, room 7046 of the main determination, we are also applying Notwithstanding the language of Department of Commerce building. In adverse facts available (AFA) to (1) find section 705(c)(5)(A)(i) of the Act, we addition, a complete version of the the export buyer’s credit program to be have not calculated the ‘‘all others’’ rate Decision Memorandum can be accessed used and countervailable, and to by weight averaging the rates of Trina directly on the Internet at http:// determine the countervailing duty Solar and Wuxi Suntech, because doing www.trade.gov/ia/. The signed Decision (CVD) rate to be applied for the export so risks disclosure of proprietary Memorandum and the electronic buyer’s credit program, and (2) information. Therefore, we have versions of the Decision Memorandum determine that certain land provided to calculated an average rate using other are identical in content. Wuxi Suntech is countervailable. A full information on the record.5 Since both discussion of our decision to apply AFA Trina Solar and Wuxi Suntech received Use of Facts Otherwise Available, is presented in the Decision countervailable export subsidies and the Including Adverse Inferences Memorandum under the section ‘‘Use of ‘‘all others’’ rate is an average based on For purposes of this final Facts Otherwise Available and Adverse the individually investigated exporters determination, we have continued to Inferences.’’ and producers, the ‘‘all others’’ rate rely on facts available and have includes export subsidies. Suspension of Liquidation continued to apply adverse inferences We determine the total in accordance with sections 776(a) and In accordance with section countervailable subsidy rates to be as (b) of the Act with regard to: (1) 705(c)(1)(B)(i) of the Act, we have follows.
Company Subsidy rate
Changzhou Trina Solar Energy Co., Ltd., Trina Solar (Changzhou) Science and Technology Co., Ltd. (col- 15.97 percent ad valorem. lectively, Trina Solar). Wuxi Suntech Power Co., Ltd., Luoyang Suntech Power Co., Ltd., Suntech Power Co., Ltd., Yangzhou 14.78 percent ad valorem. Rietech Renewal Energy Co., Ltd., Zhenjiang Huantai Silicon Science & Technology Co., Ltd., Kuttler Automation Systems (Suzhou) Co., Ltd., Shenzhen Suntech Power Co., Ltd., Wuxi Sunshine Power Co., Ltd., Wuxi University Science Park International Incubator Co., Ltd., Yangzhou Suntech Power Co., Ltd., and Zhenjiang Rietech New Energy Science & Technology Co., Ltd (collectively, Wuxi Suntech). All Others Rate ...... 15.24 percent ad valorem.
As a result of our Preliminary Critical We will issue a CVD order and ITC Notification Circumstances Determination and our reinstate the suspension of liquidation In accordance with section 705(d) of Preliminary Determination and under section 706(a) of the Act if the the Act, we will notify the ITC of our pursuant to section 703(e)(2) of the Act, ITC issues a final affirmative injury determination. In addition, we are we instructed U.S. Customs and Border determination, and will require a cash making available to the ITC all non- Protection (CBP) to suspend liquidation deposit of estimated CVDs for such privileged and non-proprietary of all entries of subject merchandise entries of merchandise in the amounts information related to this investigation. from the PRC which were entered or indicated above. If the ITC determines We will allow the ITC access to all withdrawn from warehouse, for that material injury, or threat of material privileged and business proprietary consumption on or after December 27, injury, exists, but that critical information in our files, provided the 2011, the date 90 days prior to the date circumstances do not exist, the ITC confirms that it will not disclose of the publication of the Preliminary Department will order the refund of all such information, either publicly or Determination in the Federal Register. cash deposits and the cancellation of all under an administrative protective order In accordance with section 703(d) of the securities posted from December 27, (APO), without the written consent of Act, we later issued instructions to CBP 2011, to March 26, 2012. If the ITC the Assistant Secretary for Import to discontinue the suspension of determines that material injury, or Administration. liquidation for CVD purposes for subject threat of material injury, does not exist, merchandise entered, or withdrawn this proceeding will be terminated and Return or Destruction of Proprietary from warehouse, on or after July 24, all estimated duties deposited or Information 2012, but to continue the suspension of securities posted as a result of the In the event that the ITC issues a final liquidation of all entries from December suspension of liquidation will be negative injury determination, this 27, 2011, through July 23, 2012. refunded or canceled. notice will serve as the only reminder
5 See Memorandum to the File from Emily Halle, 9, 2012, providing the precise calculation relying on ‘‘Calculation of the All-Others Rate,’’ dated October public information.
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to parties subject to an APO of their PRC are covered by this investigation; 4. Special Energy Fund (Established by responsibility concerning the however, modules, laminates, and panels Shandong Province) destruction of proprietary information produced in the PRC from cells produced in 5. Funds for Outward Expansion of disclosed under APO in accordance a third-country are not covered by this Industries in Guangdong Province investigation. 6. Government Provision of Aluminum for with 19 CFR 351.305(a)(3). Timely Merchandise covered by this investigation LTAR written notification of the return/ is currently classified in the Harmonized 7. Income Tax Reductions for Export- destruction of APO materials or Tariff System of the United States (‘‘HTSUS’’) Oriented FIEs conversion to judicial protective order is under subheadings 8501.61.0000, 8507.20.80, 8. Income Tax Benefits for FIEs Based on hereby requested. Failure to comply 8541.40.6020, 8541.40.6030, and Geographic Location with the regulations and terms of an 8501.31.8000.6 These HTSUS subheadings 9. Local Income Tax Exemption and APO is a violation which is subject to are provided for convenience and customs Reduction Programs for ‘‘Productive’’ purposes; the written description of the FIEs sanction. scope of this investigation is dispositive. This determination is issued and 10. Tax Refunds for Reinvestment of FIE Profits in Export-Oriented Enterprises published pursuant to sections 705(d) Appendix II 11. Tax Reductions for High and New- and 777(i) of the Act. Decision Memorandum Technology Enterprises Involved in Dated: October 9, 2012. I. Summary Designated Projects Paul Piquado, II. Subsidy Valuation Information 12. Preferential Income Tax Policy for A. Period of Investigation Enterprises in the Northeast Region Assistant Secretary for Import 13. Guangdong Province Tax Programs Administration. B. Attribution of Subsidies C. Allocation Period 14. VAT and Tariff Exemptions for Appendix I D. Loan Benchmarks and Discount Rates Purchases of Fixed Assets Under the for Allocating Non-Recurring Subsidies Foreign Trade and Development Fund Scope of the Investigation E. LTAR Benchmarks Program The merchandise covered by this F. Denominators 15. Tax Reductions for FIEs Purchasing investigation is crystalline silicon III. Use of Facts Otherwise Available and Chinese-Made Equipment photovoltaic cells, and modules, laminates, Adverse Inferences 16. Export Guarantees and Insurance for and panels, consisting of crystalline silicon Polysilicon Producers Are Authorities Green Technology photovoltaic cells, whether or not partially or Provision of Land for LTAR 17. Export Credit Subsidy Program: Export fully assembled into other products, Provision of Electricity for LTAR Seller’s Credits including, but not limited to, modules, Export Buyer’s Credits 18. Discovered Grants laminates, panels and building integrated Subsidies Discovered During the 19. Provision of Float Glass for LTAR materials. Investigation 20. The Over-Rebate of VAT Program This investigation covers crystalline silicon ‘‘Bonus for Employees From Government’’ VII. Analysis of Comments photovoltaic cells of thickness equal to or IV. Critical Circumstances General greater than 20 micrometers, having a p/n V. Terminated Programs Comment 1: Simultaneous Application of junction formed by any means, whether or VI. Analysis of Programs CVD and AD NME Measures not the cell has undergone other processing, A. Programs Determined To Be Comment 2: Cut-Off Date for Measurement including, but not limited to, cleaning, Countervailable of Subsidies etching, coating, and/or addition of materials 1. Golden Sun Demonstration Program Critical Circumstances (including, but not limited to, metallization 2. Preferential Policy Lending Comment 3: Critical Circumstances: Early and conductor patterns) to collect and 3. Provision of Polysilicon for LTAR Knowledge forward the electricity that is generated by 4. Provision of Land for LTAR Comment 4: Critical Circumstances: Other the cell. 5. Provision of Electricity for LTAR Factors Contributing to Import Surges Merchandise under consideration may be 6. ‘‘Two Free, Three Half’’ Program for Comment 5: Critical Circumstances: The described at the time of importation as parts Foreign-Invested Enterprises (FIEs) Length of the Base and Comparison for final finished products that are assembled 7. Preferential Tax Program for High or Periods after importation, including, but not limited New Technology Enterprises (HNTEs) Provision of Goods and Services for LTAR to, modules, laminates, panels, building- 8. Enterprise Income Tax Law, Research Comment 6: Whether Polysilicon integrated modules, building-integrated and Development (R&D) Program Producers Are Authorities panels, or other finished goods kits. Such 9. Import Tariff and Value Added Tax Comment 7: Whether Polysilicon parts that otherwise meet the definition of (VAT) Exemptions for Use of Imported Producers Were Entrusted or Directed to merchandise under consideration are Equipment Supply Polysilicon to the Solar Cells included in the scope of this investigation. 10. VAT Rebates on FIE Purchases of Industry for LTAR Excluded from the scope of this Chinese-Made Equipment Comment 8: Specificity of the Provision of investigation are thin film photovoltaic 11. Discovered Grants Polysilicon for LTAR products produced from amorphous silicon 12. Export Credit Subsidy Programs: Export Comment 9: Use of an In-Country (a-Si), cadmium telluride (CdTe), or copper Buyer’s Credits Benchmark to Measure the Benefit from indium gallium selenide (CIGS). B. Programs Determined To Be Not Used the Provision of Polysilicon for LTAR Also excluded from the scope of this by the Respondents During the POI or To Comment 10: The Department’s investigation are crystalline silicon Not Provide Benefits During the POI Determinations Not to Investigate photovoltaic cells, not exceeding 10,000 mm2 1. Export Product Research and Aluminum Extrusions and Rolled Glass Development Fund in surface area, that are permanently Provided at LTAR 2. Subsidies for Development of ‘‘Famous integrated into a consumer good whose Comment 11: The Provision of Land to Brands’’ and ‘‘China World Top Brands’’ function is other than power generation and Trina 3. Sub-Central Government Subsidies for that consumes the electricity generated by Comment 12: Use of AFA to Determine an Development of ‘‘Famous Brands’’ and the integrated crystalline silicon photovoltaic Electricity Benchmark ‘‘China World Top Brands’’ cell. Where more than one cell is Preferential Policy Lending permanently integrated into a consumer Comment 13: Whether SOCBs Are 6 good, the surface area for purposes of this CBP provided notification that HTSUS number Authorities exclusion shall be the total combined surface 8501.31.8000 should be added to the scope of the Comment 14: Specificity of Preferential investigation, as certain articles under this number area of all cells that are integrated into the may fall within the scope. See Memorandum from Policy Lending consumer good. Gene H. Calvert through Mark Hoadley to the File, Comment 15: Use of an In-Country Modules, laminates, and panels produced ‘‘ACE Case Reference File Update,’’ dated May 16, Benchmark to Measure the Benefit from in a third-country from cells produced in the 2012. Preferential Policy Lending
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Comment 16: Flaws in the Calculation of (‘‘solar cells’’), from the People’s Between May 28, 2012 and June 25, the External Preferential Policy Lending Republic of China (‘‘PRC’’).1 On June 25, 2012, the Department conducted Benchmark 2012, the Department published its verifications of the mandatory Comment 17: Creditworthiness of Suntech Preliminary Determination Correction in respondents Wuxi Suntech Power Co. and Trina 2 Export Buyer’s Credits this antidumping investigation. The Ltd., Suntech America, Inc., Suntech Comment 18: Export Buyer’s Credits Department invited interested parties to Arizona, Inc. (collectively, ‘‘Wuxi Comment 19: Selection of AFA Rate for comment on the Preliminary Suntech’’), Changzhou Trina Solar Export Buyer’s Credits Determination. Based on the Energy Co., Ltd. (‘‘Trina’’), and certain Comment 20: Treatment of the AFA Rate Department’s analysis of the comments of their affiliates.5 for Export Buyer’s Credits in the AD received, the Department has made Between July 9, 2012, and July 26, Investigation changes from the Preliminary 2012, Wuxi Suntech, Trina, and Grants Determination. The Department Petitioner submitted surrogate value and Comment 21: Trina’s Benefit from the determines that solar cells from the PRC rebuttal surrogate value comments. Golden Sun Demonstration Program On July 24, 2012, and July 23, 2012, Comment 22: Whether a Local ‘‘Famous are being, or are likely to be, sold in the Brands’’ Program Constitutes an Export United States at LTFV, as provided in respectively, Wuxi Suntech and Trina Subsidy section 735 of the Tariff Act of 1930, as submitted revised U.S. sales and FOP Comment 23: ‘‘Discovered Grants’’ amended (the ‘‘Act’’). The final databases per the Department’s request Comment 24: ‘‘Bonus for Employees from dumping margins for this investigation to provide updated databases reflecting Government’’ Program are listed in the ‘‘Final Determination’’ the results of verification. Income Taxes section below. On July 30, 2012, Wuxi Suntech Comment 25: De Jure Specificity of Four Power Co., Ltd., Trina, SolarWorld Tax Programs; Whether Four Tax FOR FURTHER INFORMATION CONTACT: Industries America, Inc. (‘‘Petitioner’’), Programs Are Limited to Certain Jeffrey Pedersen, Krisha Hill, or Drew Yingli Green Energy Holding Company Enterprises or Groups of Enterprises Jackson, AD/CVD Operations, Office 4, Limited and Yingli Green Energy Comment 26: Whether the Department Import Administration, International Should Use the Tax Return Covering POI Americas, Inc. (collectively, ‘‘Yingli’’), Trade Administration, U.S. Department Jiangsu Jiasheng Photovoltaic Sales in Calculating Trina’s Benefit from of Commerce, 14th Street and the HNTE Income Tax Program Technology Co., Ltd. (‘‘Jiasheng’’), Miscellaneous Constitution Avenue NW, Washington, Shanghai Chaori Solar Energy Science & Comment 27: Rejection of the GOC’s DC 20230; telephone: (202) 482–2769, Technology Co., Ltd. and Shanghai Factual Information from the Record (202) 482–4037, or (202) 482–4406, Chaori International Trading Comment 28: Trina’s Sales Denominator respectively. Corporation Ltd. (collectively, Comment 29: Suntech’s Minor Corrections SUPPLEMENTARY INFORMATION: ‘‘Chaori’’), and the Government of China Comment 30: Negative Determinations (‘‘GOC’’) submitted case briefs. On July Comment 31: Allegations of Fraud Background Regarding Suntech 31, 2012, Small Steps Solar, Ltd. Scope The Department published its submitted a case brief, which the Comment 32: Scope of the Investigation Preliminary Determination on May 25, Department rejected because it was VIII. Recommendation 2012.3 On May 22 and 25, 2012, untimely filed.6 Subsequently, the [FR Doc. 2012–25564 Filed 10–16–12; 8:45 a.m.] Delsolar Co., Ltd./DelSolar (Wujiang) Department rejected Yingli’s case brief BILLING CODE 3510–DS–P Ltd. and JinkoSolar International because it contained certain new factual Limited, respectively submitted requests information.7 Yingli resubmitted its that the Department correct errors in redacted case brief on August 3, 2012.8 DEPARTMENT OF COMMERCE their company names that appeared in On August 6, 2012, Wuxi Suntech the Preliminary Determination.4 The Power Co., Ltd., Trina, Petitioner, International Trade Administration Department made the requested tenKsolar (Shanghai) Co., Ltd. and [A–570–979] corrections and published its tenKsolar, Inc. (collectively Preliminary Determination Correction ‘‘tenKsolar’’), SunPower Corporation, Crystalline Silicon Photovoltaic Cells, notice on June 25, 2012. and Sumec Hardware & Tools Co., Ltd. Whether or Not Assembled into et al.9 submitted rebuttal briefs. Further, Modules, from the People’s Republic 1 See Crystalline Silicon Photovoltaic Cells, of China: Final Determination of Sales Whether or Not Assembled Into Modules, From the 5 See the ‘‘Verification’’ section below. at Less Than Fair Value, and People’s Republic of China: Preliminary 6 See Letter from the Department to Small Steps Determination of Sales at Less Than Fair Value, Solar, Ltd., regarding ‘‘Crystalline Silicon Affirmative Final Determination of Postponement of Final Determination and Photovoltaic Cells, Whether or Not Assembled Into Critical Circumstances, in Part Affirmative Preliminary Determination of Critical Modules, from the People’s Republic of China: Circumstances,77 FR 31309 (May 25, 2012) Small Steps Solar, Ltd.’s July 31, 2012 Submission,’’ AGENCY: Import Administration, (‘‘Preliminary Determination’’). dated August 3, 2012. International Trade Administration, 2 See Crystalline Silicon Photovoltaic Cells, 7 See Letter from the Department to Yingli, Department of Commerce Whether or Not Assembled Into Modules, From the regarding ‘‘Crystalline Silicon Photovoltaic Cells, People’s Republic of China: Preliminary Whether or Not Assembled Into Modules, from the DATES: Effective Date: October 17, 2012. Determination Correction, 77 FR 37877 (June 25, People’s Republic of China: July 30, 2012 Case Brief SUMMARY: On May 25, 2012, the 2012) (‘‘Preliminary Determination Correction’’). of Yingli Green Energy Holding Company Limited Department of Commerce 3 See Preliminary Determination. and Yingli Green Energy Americas, Inc.,’’ dated (‘‘Department’’) published its 4 See Letter from JinkoSolar International Limited August 2, 2012. preliminary determination of sales at to the Department regarding, ‘‘Crystalline Silicon 8 See Letter from Yingli to the Department, Photovoltaic Cells, Whether or Not Assembled into regarding ‘‘Crystalline Silicon Photovoltaic Celis, less than fair value (‘‘LTFV’’), Modules, from the People’s Republic of China; Whether or Not Assembled into Modules, from the postponement of final determination Ministerial Error in Preliminary Determination,’’ People’s Republic of China: Resubmission of and affirmative preliminary dated May 25, 2012. See also Letter from DelSolar Yingli’s Case Brief,’’ dated August 3, 2012. determination of critical circumstances Co., Ltd. and DelSolar (Wujiang) Ltd. to the 9 The following separate rate companies jointly Department regarding, ‘‘Crystalline Silicon submitted a rebuttal brief: Sumec Hardware & Tools in the antidumping investigation of Photovoltaic Cells, Whether or Not Assembled Into Co., Ltd., Ningbo Etdz Holdings Ltd., LDK Solar Hi- crystalline silicon photovoltaic cells, Modules, from the People’s Republic of China: Tech (Nanchang) Co., Ltd., LDK Solar Hi-Tech whether or not assembled into modules Request for Correction,’’ dated May 22, 2012. Continued
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Wuxi Suntech, Trina Solar and Trina 7046 of the main Department of Changes Specific to Trina Solar (U.S.), Inc., and Yingli jointly Commerce building. In addition, a • Calculated Trina’s dumping margin submitted a rebuttal brief on August 6, complete version of the Issues and using the invoice or rated quantity in 2012. Decision Memorandum can be accessed watts rather than the maximum rated On June 25, 2012, Wuxi Suntech, directly on the internet at http:// quantity in watts. Trina, Petitioner, and Yingli requested a www.trade.gov/ia/. The signed Issues • Updated warranty expenses, hearing. Based on these hearing and Decision Memorandum and the rebates, and other minor corrections requests, on August 14, 2012, the electronic versions of the Issues and based on verification findings. Department held a public hearing Decision Memorandum are identical in • Valued Trina’s back sheets using limited to issues raised in case briefs content. Thai imports under the HTS categories and rebuttal briefs. that correspond to the primary materials On September 7, 2012, Petitioner Changes Since the Preliminary Determination which comprise the back sheet. requested that the Department re-open • Excluded two inputs that would be the record to consider new recently Changes Applicable to Multiple classified as overhead in the calculation available public information which Companies of surrogate financial ratios. indicates that Wuxi Suntech submitted • Did not apply the Sigma cap to • Updated surrogate values for certain potentially fraudulent financial certain suppliers’ distances where the 10 direct materials. statements to the Department. On surrogates used to value the input are • Used an additional financial September 11, 2012, the Department not based on import statistics. reopened the record for parties to statement to calculate surrogate • Updated the surrogate values for comment on Petitioner’s allegation of financial ratios. ocean freight and applied them to all fraud. On September 14, 2012 and Changes Specific to Wuxi Suntech sales on which Trina paid ocean freight. September 18, 2012, Wuxi Suntech and • For detailed information concerning Petitioner filed comments and rebuttal Excluded all purchases of inputs all of the changes made, including those comments, respectively, regarding the from suppliers located in South Korea listed above, see the company-specific fraud issue raised by Petitioner. from the calculation of Wuxi Suntech’s analysis and surrogate value weighted-average market economy memoranda. Period of Investigation purchase prices. The period of investigation (‘‘POI’’) is • Accepted the minor corrections Scope of the Investigation April 1, 2011, through September 30, submitted by Wuxi Suntech at The merchandise covered by this 2011. This period corresponds to the verification and calculated its final investigation is crystalline silicon two most recent fiscal quarters prior to margin using the revised sales and FOP photovoltaic cells, and modules, the month of the filing of the petition, databases that reflect these minor laminates, and panels, consisting of which was October 2012.11 corrections. crystalline silicon photovoltaic cells, • Adjusted Wuxi Suntech’s claimed Analysis of Comments Received whether or not partially or fully offset for broken wafers based on assembled into other products, All issues raised in the case and verification findings. including, but not limited to, modules, rebuttal briefs by parties to this • Adjusted cell consumption based laminates, panels and building investigation, as well as comments on verification findings. integrated materials. received pursuant to the Department’s • Valued two additional FOP based This investigation covers crystalline requests are addressed in the Issues and on verification findings and post- silicon photovoltaic cells of thickness Decisions Memorandum. A list of the preliminary submissions. equal to or greater than 20 micrometers, issues which the parties raised and to • Excluded two FOP based on a having a p/n junction formed by any which the Department responded in the determination that these inputs are means, whether or not the cell has Issues and Decision Memorandum is properly classified as overhead items. undergone other processing, including, attached to this notice as Appendix I. • Treated certain silicon wafers but not limited to, cleaning, etching, The Issues and Decision Memorandum reportedly obtained from tollers as coating, and/or addition of materials is a public document and is on file silicon wafer purchases. (including, but not limited to, electronically via Import • Classified Wuxi Suntech’s recycled metallization and conductor patterns) to Administration’s Antidumping and silicon input as a direct material and its collect and forward the electricity that Countervailing Duty Centralized recycled silicon byproduct as an offset. is generated by the cell. Electronic Service System (IA ACCESS). • Excluded certain transactions from Merchandise under consideration IA ACCESS is available to registered the final margin calculations. may be described at the time of users at http://iaaccess.trade.gov and in • Revised Wuxi Suntech’s indirect importation as parts for final finished the Central Records Unit (‘‘CRU’’), room selling expenses and applied them to a products that are assembled after price that is net of certain adjustments. importation, including, but not limited (Suzhou) Co., Ltd., Ningbo Qixin Solar Electrical • Revised warranty expenses. to, modules, laminates, panels, Appliance Co., Ltd., Ningbo Komaes Solar • Technology Co., Ltd., Zhejiang Jiutai New Energy Revised the net price calculation building-integrated modules, building- Co., Ltd., ET Solar Industry Limited, JingAo Solar based on verification findings to integrated panels, or other finished Co., Ltd., Dongfang Electric (Yixing) MAGI Solar account for additional expenses and goods kits. Such parts that otherwise Power Technology Co., Ltd., Shanghai JA Solar revenue items. meet the definition of merchandise Technology Co., Ltd., Jiangsu Sunlink PV • Technology Co., Ltd., and JA Solar Technology Revised the unit-of-measure under consideration are included in the Yangzhou Co., Ltd. conversion factor used to value one scope of this investigation. 10 See Letter from Petitioner to the Department, input based on verification findings. Excluded from the scope of this regarding ‘‘Crystalline Silicon Phototovoltaic Cells, • Uncapped certain per-unit expense investigation are thin film photovoltaic Whether or Not Assembled into Modules, from the amounts. products produced from amorphous People’s Republic of China: Request to Reopen the • Records to New Factual Information,’’ dated Found that critical circumstances silicon (a-Si), cadmium telluride (CdTe), September 7, 2012. do not exist with respect to Wuxi or copper indium gallium selenide 11 See 19 CFR 351.204(b)(1). Suntech. (CIGS).
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Also excluded from the scope of this during a base period of February 2011 requirement.17 We made all price investigation are crystalline silicon through August 2011 to imports from comparisons in the test using prices for photovoltaic cells, not exceeding September 2011 through March 2012, comparable merchandise (i.e., by 10,000mm2 in surface area, that are and imports during a base period of control number or CONNUM). The test permanently integrated into a consumer April 2011 through September 2011 to procedures are the same for targeted- good whose function is other than imports from October 2011 through dumping allegations involving power generation and that consumes the March 2012. For the final determination customers, regions, and time periods. electricity generated by the integrated we have shipment data for both Wuxi We based all of our targeted-dumping crystalline silicon photovoltaic cell. Suntech and Trina for April 2012 and calculations on the net U.S. price that Where more than one cell is May 2012. Based on our practice, we we determined for U.S. sales by Wuxi permanently integrated into a consumer have included data in our comparison Suntech and Trina in our margin good, the surface area for purposes of period through the month of the calculations. this exclusion shall be the total Preliminary Determination, May 2012. As a result of our analysis, we have determined that for both Wuxi Suntech combined surface area of all cells that For the final determination, we have and Trina there is a pattern of prices for are integrated into the consumer good. determined that critical circumstances U.S. sales of comparable merchandise Modules, laminates, and panels do not exist for Wuxi Suntech. that differ significantly among certain produced in a third-country from cells However, critical circumstances produced in the PRC are covered by this purchasers, regions, and time periods in continue to exist for Trina, the separate accordance with section 777A(d)(1)(B)(i) investigation; however, modules, rate respondents, and the PRC-wide laminates, and panels produced in the of the Act and our practice, as discussed entity. For a complete discussion of in Steel Nails and as modified in Wood PRC from cells produced in a third- critical circumstances issues see the country are not covered by this Flooring. We find, however, that the Issues and Decision Memorandum at investigation. pattern of price differences can be taken Comment 10. Merchandise covered by this into account using the standard average- investigation is currently classified in Targeted Dumping to-average methodology because, based the Harmonized Tariff System of the on the data before us, the average-to- United States (‘‘HTSUS’’) under The statute allows the Department to average methodology does not mask subheadings 8501.61.0000, 8507.20.80, employ an alternative dumping margin differences in the patterns of prices 8541.40.6020, 8541.40.6030, and calculation methodology in an AD between the targeted and non-targeted 8501.31.8000.12 These HTSUS investigation under the following groups. Here, we determine that the subheadings are provided for circumstances: (1) There is a pattern of standard average-to-average convenience and customs purposes; the EPs or CEPs for comparable methodology takes into account the written description of the scope of this merchandise that differ significantly price differences because the alternative investigation is dispositive. among purchasers, regions, or periods of average-to-transaction methodology time; and (2) the Department explains yields a difference in the margin that is Scope Comments why such differences cannot be taken not meaningful relative to the size of the 18 The Department received comments into account using the standard average- resulting margin. Accordingly, we regarding the scope of the investigation to-average or transaction-to-transaction have applied the standard average-to- from a number of interested parties. methodology.13 On February 13, 2012, average methodology to all of Wuxi Suntech’s and Trina’s U.S. sales.19 After analyzing the comments, the Petitioner alleged targeted dumping Department has made no changes to the with respect to Wuxi Suntech’s 14 and Verification scope of this investigation. For a 15 Trina’s sales to certain U.S. customers As provided in section 782(i) of the complete discussion of scope issues, see and regions, and in certain time periods. the Issues and Decision Memorandum at Act, the Department verified the In order to determine whether the information submitted by Wuxi Suntech Comment 1. respondents engaged in targeted and Trina for use in the final Critical Circumstances dumping, the Department conducted a determination. The Department used targeted dumping analysis established In the Preliminary Determination, we standard verification procedures, in Steel Nails.16 The methodology determined that critical circumstances including examination of relevant employed involves a two-stage test; the exist for Wuxi Suntech, Trina, the accounting and production records and first stage addresses the pattern separate rate respondents, and the PRC- original source documents provided by requirement and the second stage wide entity, based on two comparisons. the respondents. We examined two comparison periods addresses the significant-difference 17 starting either September 2011 or See section 777A(d)(1)(B)(i) of the Act and 13 See section 777A (d)(1)(B) of the Act. Steel Nails, and accompanying Issues and Decision October 2011 based on imputing Memorandum at Comment 2. 14 See Letter from Petitioner to the Department, 18 See Statement of Administrative Action knowledge that a proceeding was likely regarding ‘‘Crystalline Silicon Photovoltaic accompanying the Uruguay Round Agreements Act, in either early or late September 2011. (‘‘CPSV’’) Cells, Whether or Not Assembled into H.R. Doc. 103–316, vol. 1 (1994) at 843 (‘‘SAA’’). Due to data availability in the Modules, from the People’s Republic of China: 19 Targeted Dumping Allegation for Suntech,’’ dated See e.g., Certain Coated Paper Suitable for Preliminary Determination we ended High-Quality Print Graphics Using Sheet-Fed February 13, 2012. both comparison periods in March 2012. Presses From Indonesia: Preliminary Determination 15 See Letter from Petitioner to the Department, Specifically, we compared imports of Sales at Less Than Fair Value and Postponement regarding ‘‘Crystalline Silicon Photovoltaic of Final Determination, 75 FR 24885, 24888 (May (‘‘CPSV’’) Cells, Whether or Not Assembled into 6, 2010) unchanged in Certain Coated Paper 12 U.S. Customs and Border Protection (‘‘CBP’’) Modules, from the People’s Republic of China: Suitable for High-Quality Print Graphics Using provided notification that HTSUS number Targeted Dumping Allegation for Trina,’’ dated Sheet-Fed Presses From Indonesia: Final 8501.31.8000 should be added to the scope of the February 13, 2012. Determination of Sales at Less Than Fair Value, 75 investigation, as certain articles under this number 16 See Certain Steel Nails from the United Arab FR 59223 (September 27, 2010) and Polyethylene may fall within the scope. See Memorandum from Emirates: Notice of Final Determination of Sales at Retail Carrier Bags From Indonesia: Final Gene H. Calvert through Mark Hoadley to the File, Not Less Than Fair Value, 73 FR 33985 (June 16, Determination of Sales at Less Than Fair Value, 75 ‘‘ACE Case Reference File Update,’’ dated May 16, 2008) (‘‘Steel Nails’’) and accompanying Issues and FR 16431 (April 1, 2010) and accompanying Issues 2012. Decision Memorandum at Comments 1–9. and Decision Memorandum at Comment 1.
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Nonmarket Economy Country considering the comments, the requested by the Department, subject to The Department considers the PRC to Department has not changed its position subsections (c)(1) and (e) of section 782 be a nonmarket economy (‘‘NME’’) from the Preliminary Determination of the Act, (C) significantly impedes a country. In accordance with section with respect to the companies seeking proceeding, or (D) provides information 771(18)(C)(i) of the Act, any separate rate status. that cannot be verified as provided by The Department continues to find that section 782(i) of the Act. determination that a foreign country is the evidence placed on the record of Section 776(b) of the Act further an NME country shall remain in effect this investigation by the Separate Rate provides that the Department may use until revoked by the administering Applicants that were granted separate an adverse inference in applying FA authority. The Department continues to rate status in the Preliminary when a party has failed to cooperate by treat the PRC as an NME for purposes Determination demonstrates both de not acting to the best of its ability to of this final determination. jure and de facto absence of government comply with a request for information. Surrogate Country control with respect to each company’s Such an adverse inference may include reliance on information derived from In the Preliminary Determination, the respective exports of the merchandise the petition, the final determination, a Department stated that it selected under investigation. Further, the previous administrative review, or other Thailand as the appropriate surrogate Department has continued to deny information placed on the record. country to use in this investigation certain companies separate rate status as pursuant to section 773(c)(4) of the Act was the case in the Preliminary PRC-Wide Entity Determination. For a complete based on the following: (1) It is at a In the Preliminary Determination, the similar level of economic development; discussion of separate rate issues, see the Issues and Decision Memorandum at Department determined that certain PRC (2) it is a significant producer of exporters/producers did not respond to comparable merchandise; and (3) we Comment 6. The separate rate is normally the Department’s requests for have reliable data from Thailand that we information and did not establish that can use to value the factors of determined based on the weighted- average of the estimated dumping they were separate from the PRC-wide production. In their case briefs, Wuxi entity. Thus, the Department has found Suntech and Trina state that India margins established for exporters and producers individually investigated, that these PRC exporters/producers are should be selected as surrogate country part of the PRC-wide entity and the because India’s solar cell industry and excluding zero and de minimis margins or margins based entirely on adverse PRC-wide entity has not responded to population resembles that of the PRC, 20 our requests for information. Because Thai surrogate value data are deficient facts available (‘‘AFA’’). In this investigation, both Wuxi Suntech and the PRC-wide entity did not provide the for certain inputs, and the record lacks Department with requested information, Trina have estimated weighted-average financial statements for Thai producers pursuant to section 776(a)(2)(A) of the dumping margins which are above de of identical merchandise. Petitioner Act, the Department continues to find it minimis and which are not based on argues that India is not economically appropriate to base the PRC-wide rate total AFA. Because there are only two comparable to the PRC, and that the on FA. Department should continue to use relevant weighted-average dumping The Department determines that, Thailand as the surrogate country. As margins for this final determination, because the PRC-wide entity did not discussed in the Issues and Decision using a weighted-average of these two respond to our request for information, Memorandum, the Department margins risks disclosure of business the PRC-wide entity has failed to continues to find that Thailand is the proprietary information (‘‘BPI’’) data. cooperate to the best of its ability. appropriate surrogate country for this Therefore, the Department has Therefore, pursuant to section 776(b) of investigation. For a complete discussion calculated both a simple average and a the Act, the Department finds that, in of surrogate country issues, see the weighted-average of the two final selecting from among the FA, an adverse Issues and Decision Memorandum at dumping margins calculated for the inference is appropriate for the PRC- Comment 4. mandatory respondents using public wide entity. values for sales of subject merchandise Because the Department begins with Separate Rate Companies reported by respondents and used the the presumption that all companies In proceedings involving NME average that provides a more accurate within an NME country are subject to countries, the Department holds a proxy for the weighted-average margin government control, and because only rebuttable presumption that all of both companies calculated using BPI the mandatory respondents and certain companies within the country are data, which in this investigation is 25.96 Separate Rate Applicants have 21 subject to government control and, thus, percent. overcome that presumption, the should be assessed a single antidumping Use of Facts Available and Adverse Department is applying a single duty rate. It is the Department’s policy Facts Available antidumping rate to all other exporters to assign all exporters of the subject of subject merchandise from the PRC. merchandise in an NME country this Section 776(a) of the Act provides that Such companies have not demonstrated single rate unless an exporter can the Department shall apply facts entitlement to a separate rate.22 demonstrate that it is sufficiently available (‘‘FA’’) if (1) necessary information is not on the record, or (2) Selection of the Adverse Facts Available independent so as to be entitled to a Rate for the PRC-Wide Entity separate rate. an interested party or any other person In the instant investigation, the (A) withholds information that has been In determining a rate for AFA, the Department received timely-filed requested, (B) fails to provide Department’s practice is to select a rate separate rate applications from 68 information within the deadlines that is sufficiently adverse ‘‘as to companies (‘‘Separate Rate established, or in the form and manner effectuate the purpose of the adverse Applicants’’). Interested parties have 20 See section 735(c)(5)(A) of the Act. 22 See, e.g., Notice of Final Determination of Sales submitted a number of comments 21 See the October 9, 2012, memorandum from at Less Than Fair Market Value: Synthetic Indigo regarding some of the companies Jeff Pedersen to the File entitled ‘‘Calculation of the From the People’s Republic of China, 65 FR 25706, applying for separate rate status. After Final Margin for Separate Rate Recipients.’’ 25707 (May 2, 2000).
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facts available rule to induce individually investigated parties. Based chart in the ‘‘Final Determination’’ respondents to provide the Department on this analysis, we determined that the section below. with complete and accurate information price and normal value used to derive Combination Rates in a timely manner.’’ 23 Further, it is the the highest margin contained in the Department’s practice to select a rate petition are within the range of the U.S. In the Initiation Notice, the that ensures ‘‘that the party does not prices and normal values for the Department stated that it would obtain a more favorable result by failing respondents in this investigation.26 calculate combination rates for to cooperate than if it had cooperated Thus the highest petition margin has respondents that are eligible for a fully.’’ 24 Thus, it is the Department’s probative value. Accordingly, we have separate rate in this investigation. This practice to select as AFA the higher of corroborated the petition margin to the practice is described in Policy Bulletin the (a) highest margin alleged in the extent practicable within the meaning of 05.1, available at http://www.trade.gov/ petition or (b) the highest calculated rate section 776(c) of the Act. ia/. of any respondent in the investigation.25 The dumping margin for the PRC- Final Determination In order to determine the probative wide entity applies to all entries of the value of the margins in the petition for merchandise under investigation except The Department determines that the use as AFA for purposes of this final for entries of merchandise under following weighted-average dumping determination, we analyzed the U.S. investigation from the exporter/ margins exist for the period April 1, prices and normal values for each of the producer combinations listed in the 2011, through September 30, 2011.
Weighted- Exporter Producer average percent margin
Changzhou Trina Solar Energy Co., Ltd. and Trina Solar Changzhou Trina Solar Energy Co., Ltd ...... 18.32 (Changzhou) Science & Technology Co., Ltd. Trina Solar (Changzhou) Science & Technology Co., Ltd ...... 18.32 Wuxi Suntech Power Co., Ltd., Luoyang Suntech Power Co., Wuxi Suntech Power Co., Ltd ...... 31.73 Ltd., Suntech Power Co., Ltd. and Wuxi Sun-shine Power Co., Ltd. Luoyang Suntech Power Co., Ltd ...... 31.73 Suntech Power Co., Ltd ...... 31.73 Wuxi Sun-shine Power Co., Ltd ...... 31.73 Baoding Tianwei Yingli New Energy Resources Co., Ltd ...... Baoding Tianwei Yingli New Energy Resources Co., Ltd ...... 25.96 Yingli Energy (China) Company Limited ...... 25.96 Tianwei New Energy (Chengdu) PV Module Co., Ltd ...... Tianwei New Energy (Chengdu) PV Module Co., Ltd ...... 25.96 Canadian Solar International Limited ...... Canadian Solar Manufacturing (Changshu) Inc ...... 25.96 Canadian Solar Manufacturing (Luoyang) Inc ...... 25.96 Canadian Solar Manufacturing (Changshu) Inc ...... Canadian Solar Manufacturing (Changshu), Inc ...... 25.96 Canadian Solar Manufacturing (Luoyang) Inc ...... Canadian Solar Manufacturing (Luoyang), Inc ...... 25.96 Hanwha Solarone (Qidong) Co., Ltd ...... Hanwha Solarone (Qidong) Co., Ltd ...... 25.96 CEEG (Shanghai) Solar Science Technology Co., Ltd ...... CEEG (Shanghai) Solar Science Technology Co., Ltd ...... 25.96 CEEG Nanjing Renewable Energy Co., Ltd ...... 25.96 CEEG Nanjing Renewable Energy Co., Ltd ...... CEEG Nanjing Renewable Energy Co., Ltd ...... 25.96 Jiawei Solarchina Co., Ltd ...... Jiawei Solarchina (Shenzhen) Co., Ltd ...... 25.96 Yingli Energy (China) Company Limited ...... Yingli Energy (China) Company Limited ...... 25.96 Baoding Tianwei Yingli New Energy Resources Co., Ltd ...... 25.96 LDK Solar Hi-tech (Nanchang) Co., Ltd ...... LDK Solar Hi-tech (Nanchang) Co., Ltd ...... 25.96 LDK Solar Hi-tech (Suzhou) Co., Ltd ...... LDK Solar Hi-tech (Suzhou) Co., Ltd ...... 25.96 Jiawei Solarchina (Shenzhen) Co., Ltd ...... Jiawei Solarchina (Shenzhen) Co., Ltd ...... 25.96 Changzhou NESL Solartech Co., Ltd ...... Changzhou NESL Solartech Co., Ltd ...... 25.96 China Sunergy (Nanjing) Co., Ltd ...... China Sunergy (Nanjing) Co., Ltd ...... 25.96 Chint Solar (Zhejiang) Co., Ltd ...... Chint Solar (Zhejiang) Co., Ltd ...... 25.96 Suzhou Shenglong PV-Tech Co., Ltd ...... Suzhou Shenglong PV–TECH Co., Ltd ...... 25.96 tenKsolar (Shanghai) Co., Ltd ...... tenKsolar (Shanghai) Co., Ltd ...... 25.96 Upsolar Group, Co., Ltd ...... HC Solar Power Co., Ltd ...... 25.96 Zhiheng Solar Inc ...... 25.96 Zhejiang Leye Photovoltaic Science & Technology Co., Ltd .... 25.96 Tianwei New Energy (Chengdu) PV Module Co., Ltd ...... 25.96 Zhejiang ZG-Cells Co., Ltd ...... 25.96 Zhejiang Xinshun Guangfu Science and Technology Co., Ltd 25.96 Zhejiang Jiutai New Energy Co., Ltd ...... 25.96 Wanxiang Import & Export Co., Ltd ...... Zhejiang Wanxiang Solar Co., Ltd ...... 25.96 Jinko Solar Import and Export Co., Ltd ...... Jinko Solar Co., Ltd ...... 25.96 JinkoSolar International Limited ...... Jinko Solar Co., Ltd ...... 25.96 CNPV Dongying Solar Power Co., Ltd ...... CNPV Dongying Solar Power Co., LTD ...... 25.96 CSG PVTech Co., Ltd ...... CSG PVTech Co., Ltd ...... 25.96 Delsolar Co., Ltd ...... DelSolar (Wujiang) Ltd ...... 25.96
23 See Notice of Final Determination of Sales at Seventh Administrative Review; Final Results of the 25 See, e.g., Seamless Refined Copper Pipe and Less than Fair Value: Static Random Access Eleventh New Shipper Review, 70 FR 69937, 69939 Tube From the People’s Republic of China: Final Memory Semiconductors From Taiwan, 63 FR 8909, (November 18, 2005)(quoting the Statement of Determination of Sales at Less Than Fair Value, 75 8932 (February 23, 1998). Administrative Action accompanying the Uruguay FR 60725, 60729 (October 1, 2010). 24 See Brake Rotors from the People’s Republic of Round Agreements Act, H. Doc. No. 316, 103d 26 See Wuxi Suntech and Trina Solar Analysis China: Final Results and Partial Rescission of the Cong., 2d Session at 870 (1994)). Memoranda.
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Weighted- Exporter Producer average percent margin
Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Dongfang Electric (Yixing) MAGl Solar Power Technology Co., 25.96 Ltd. Ltd. Eoplly New Energy Technology Co., Ltd ...... Eoplly New Energy Technology Co., Ltd ...... 25.96 ERA Solar Co., Ltd ...... ERA Solar Co., Ltd ...... 25.96 ET Solar Energy Limited ...... ET Solar Industry Limited ...... 25.96 Hangzhou Zhejiang University Sunny Energy Science and Hangzhou Zhejiang University Sunny Energy Science and 25.96 Technology Co., Ltd. Technology Co., Ltd. Himin Clean Energy Holdings Co., Ltd ...... Himin Clean Energy Holdings Co., Ltd ...... 25.96 JA Solar Technology Yangzhou Co., Ltd ...... JingAo Solar Co., Ltd ...... 25.96 Jetion Solar (China) Co., Ltd ...... Jetion Solar (China) Co., Ltd ...... 25.96 Jiangsu Green Power PV Co., Ltd ...... Jiangsu Green Power PV Co., Ltd ...... 25.96 Jiangsu Sunlink PV Technology Co., Ltd ...... Jiangsu Sunlink PV Technology Co., Ltd ...... 25.96 JingAo Solar Co., Ltd ...... JingAo Solar Co., Ltd ...... 25.96 Konca Solar Cell Co., Ltd ...... Konca Solar Cell Co., Ltd ...... 25.96 Leye Photovoltaic Co., Ltd ...... Leye Photovoltaic Co., Ltd ...... 25.96 Lightway Green New Energy Co., Ltd ...... Lightway Green New Energy Co., Ltd ...... 25.96 Motech (Suzhou) Renewable Energy Co., Ltd ...... Motech (Suzhou) Renewable Energy Co., Ltd ...... 25.96 Ningbo ETDZ Holdings, Ltd ...... Hangzhou Zhejiang University Sunny Energy Science and 25.96 Technology Co., LTD. Ningbo Komaes Solar Technology Co., Ltd ...... Ningbo Komaes Solar Technology Co., Ltd ...... 25.96 Ningbo Qixin Solar Electrical Appliance Co., Ltd ...... Ningbo Qixin Solar Electrical Appliance Co., Ltd ...... 25.96 Ningbo Ulica Solar Science & Technology Co., Ltd ...... Ningbo Ulica Solar Science & Technology Co., Ltd ...... 25.96 Perlight Solar Co., Ltd ...... Perlight Solar Co., Ltd ...... 25.96 Risen Energy Co., Ltd ...... Risen Energy Co., Ltd ...... 25.96 Shanghai BYD Company Limited ...... Shanghai BYD Company Limited ...... 25.96 Shanghai JA Solar Technology Co., Ltd ...... Shanghai JA Solar Technology Co., Ltd ...... 25.96 Shanghai Solar Energy Science & Technology Co., Ltd ...... Shanghai Solar Energy Science & Technology Co., Ltd ...... 25.96 Shenzhen Topray Solar Co., Ltd ...... Shenzhen Topray Solar Co., Ltd ...... 25.96 Solarbest Energy-Tech (Zhejiang) Co., Ltd ...... Solarbest Energy-Tech (Zhejiang) Co., Ltd ...... 25.96 Sopray Energy Co., Ltd ...... Sopray Energy Co., Ltd ...... 25.96 Sumec Hardware & Tools Co., Ltd ...... Phono Solar Technology Co., Ltd ...... 25.96 Sun Earth Solar Power Co., Ltd ...... Sun Earth Solar Power Co., Ltd ...... 25.96 Yuhuan Sinosola Science & Technology Co., Ltd ...... Yuhuan Sinosola Science & Technology Co., Ltd ...... 25.96 Yuhuan Solar Energy Source Co., Ltd ...... Yuhuan Solar Energy Source Co., Ltd ...... 25.96 Zhejiang Jiutai New Energy Co., Ltd ...... Zhejiang Topoint Photovoltaic Co., Ltd ...... 25.96 Zhejiang Shuqimeng Photovoltaic Technology Co., Ltd ...... Zhejiang Shuqimeng Photovoltaic Technology Co., Ltd ...... 25.96 Zhejiang Sunflower Light Energy Science & Technology Lim- Zhejiang Sunflower Light Energy Science & Technology Lim- 25.96 ited Liability Company. ited Liability Company. PRC-Wide Rate ...... 249.96
Disclosure Federal Register. Since critical under consideration which have not We intend to disclose to parties the circumstances do not exist for Wuxi received their own rate, the cash-deposit calculations performed in this Suntech, the Department will instruct rate will be the PRC-wide rate; and (3) proceeding within five days of the date CBP to suspend liquidation of all for all non-PRC exporters of of publication of this notice in appropriate entries of subject merchandise under consideration which accordance with 19 CFR 351.224(b). merchandise from Wuxi Suntech that have not received their own rate, the were entered, or withdrawn from cash-deposit rate will be the rate Continuation of Suspension of warehouse for consumption on or after applicable to the PRC exporter/producer Liquidation May 25, 2012, the publication date of combination that supplied that non-PRC As noted above, the Department the Preliminary Determination in the exporter. Federal Register. We will also instruct found that critical circumstances exist Certification Requirements with respect to imports of merchandise CBP to issue a refund for all appropriate under consideration from Trina, the entries of subject merchandise from As noted above, the scope of both the Separate Rate Recipients (‘‘SR Wuxi Suntech that were suspended up AD and CVD investigations of solar cells Recipients’’), and the PRC-wide entity. to 90 days prior to the publication date cover modules, laminates, and panels In accordance with section 735(c)(1)(B) of the Preliminary Determination. produced in a third-country from solar of the Act, the Department will instruct Further, the Department will instruct cells produced in the PRC; however, CBP to continue to suspend liquidation CBP to require a cash-deposit or the modules, laminates, and panels of all appropriate entries of subject posting of a bond equal to the weighted- produced in the PRC from solar cells merchandise, as described in the ‘‘Scope average amount by which the normal produced in a third-country are not of Investigation’’ section of this notice, value exceeds U.S. price, adjusted covered by the investigations. If an from Trina, the SR Recipients, and the where appropriate for export subsidies, importer imports solar panels/modules PRC-wide entity that were entered, or as follows: (1) The rate for the exporter/ that it claims do not contain solar cells withdrawn from warehouse for producer combinations listed in the that were produced in the PRC, the consumption on or after the date 90 table above will be the rate we have importer is required to maintain the days prior of the publication of the determined in this final determination; importer certification in Appendix II to Preliminary Determination in the (2) for all PRC exporters of merchandise this notice. The importer and exporter
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are also required to maintain the Notification Regarding APO Comment 29: Exclusion of South Korean exporter certification in Appendix II to MEP Data This notice also serves as a reminder Comment 30: Acceptance of Minor this notice if the exporter of the panels/ to the parties subject to administrative modules for which the importer is Corrections Submitted at Verification protective order (‘‘APO’’) of their Comment 31: Exclusion of Sample Sales from making the claim is located in the PRC. responsibility concerning the the Margin Calculation We note that while importers and PRC- disposition of propriety information Comment 32: Valuing Inputs from NME exporters will be required to maintain disclosed under APO in accordance Suppliers When the Inputs Were Used in the aforementioned certifications and with 19 CFR 351.305. Timely Further Manufacturing documentation, they will not have to notification of return or destruction of Comment 33: Whether Partial AFA Should be provide this information to CBP as part Applied to Value Labor and Energy for APO materials or conversion to judicial Tolled Modules of the entry documents, unless the protective order is hereby requested. certification or documentation is Comment 34: Whether the ISE Rate Should Failure to comply with the regulations be Applied to Gross Unit Price Less Billing specifically requested by CBP. and terms of an APO is a sanctionable Adjustments and Early Payment Discounts If it is determined that the violation, Comment 35: Suntech Arizona Financial certification or documentation This determination is issued and Expense Rate requirements noted in the certification published in accordance with sections Comment 36: Whether Suntech America’s have not been met, the Department 735(d) and 777(i)(1) of the Act. Bad Debt Expense Should be Included Comment 37: Verification Findings intends to instruct CBP to suspend all Dated: October 9, 2012. unliquidated entries for which these Comment 38: Whether Certain Reported Paul Piquado, Market Economy Purchases Were requirements were not met and require Purchased from a Market Economy the posting of a cash deposit or bond on Assistant Secretary for Import Administration. Supplier those entries equal to the PRC-wide rate Comment 39: Surrogate Value for PEG in effect at the time of the entry. If a Appendix I—Issues for Final Comment 40: Surrogate Value for Silica solar panel/module contains some solar Determination Purge of Liquid (IPA) Comment 41: Surrogate Value for cells produced in the PRC, but the General Issues importer is unable or unwilling to Hydrochloric Acid Comment 1: Scope of the Investigation identify the total value of the panel/ Comment 42: Diamond Wire Saw Blade Comment 2: Selection of Surrogate Financial Surrogate Value module subject to the order, the Statements Comment 43: Whether Back-to-Back Department intends to instruct CBP to Comment 3: Date of Sale Arrangements Should be Considered suspend all unliquidated entries for Comment 4: Surrogate Country Purchases or Tolling which the importer has failed to supply Comment 5: Labor Rate this information and require the posting Comment 6: Separate Rates Issues Relating to Other Respondents of a cash deposit or bond on the total Comment 7: Overhead Items Comment 44: Voluntary Respondent entered value of the panel/module equal Comment 8: Exclusion of Import Data with Treatment of Yingli Values but Quantities of Zero Comment 45: Treatment of Jiasheng’s to the PRC-wide rate in effect at the time Comment 9: Surrogate Value for Wafers 27 Separate Rate Application of the entry. Comment 10: Critical Circumstances Comment 46: Treatment of Chaori’s Separate ITC Notification Comment 11: Allegations of Fraud Rate Application Comment 12: Application of Sigma In accordance with section 735(d) of Comment 13: Double Remedies and Appendix II—Importer Certification Concurrent AD and CVD Investigations the Act, we have notified the I hereby certify that I am an official of Comment 14: Collection of Antidumping International Trade Commission (‘‘ITC’’) insert name of company importing solar Duties of the final affirmative determination of panels/modules, that I have knowledge of the Comment 15: Surrogate Value for Quartz facts regarding the importation of the solar sales at LTFV. As the Department’s final Crucibles panels/modules or other products containing determination is affirmative, in Comment 16: Surrogate Value for Aluminum solar panels/modules that entered under accordance with section 735(b)(2) of the Frames entry number(s) insert entry number(s) Act, the ITC will determine, within 45 Comment 17: Surrogate Value for Tin Ribbon covered by the certification, and that these Comment 18: Surrogate Value for Glass Plate days, whether the domestic industry in solar panels/modules do not contain solar for Wafer Slicing the United States is materially injured, cells produced in the People’s Republic of or threatened with material injury, by Issues Relating To Trina China. By signing this certificate, I also reason of imports of subject Comment 19: Unreported FOPs by Cell hereby certify that insert name of company merchandise, or sales (or the likelihood Suppliers and Tollers importing solar panels/modules maintains of sales) for importation, of the subject Comment 20: Ocean Freight Expenses sufficient documentation supporting this merchandise. If the ITC determines that Comment 21: Errors Identified at Trina U.S.’s certification for all solar cells used to such injury does exist, the Department Verification produce the solar panels/modules imported will issue an antidumping duty order Comment 22: Source for Barge Freight under the above-referenced entry number(s). Comment 23: Whether to Apply NME Freight I understand that agents of the importer, such directing CBP to assess, upon further as brokers, are not permitted to make this instruction by the Department, Charges to All of Trina’s Sales Comment 24: Surrogate Value for Polysilicon certification. Also, I am aware that records antidumping duties on all imports of the Comment 25: Surrogate Value for Suspension pertaining to this certification may be subject merchandise entered, or Comment 26: Surrogate Value for Trina’s requested by CBP. I understand that this withdrawn from warehouse, for Back Sheet certification should be completed at the time consumption on or after the effective of the entry. Also, I understand that failure date of the suspension of liquidation. Issues Relating to Wuxi Suntech to maintain the required certification or Comment 27: Whether Partial AFA Should be failure to substantiate the claim that the
27 Used in Place of Unreported FOPs for panels/modules do not contain solar cells See memorandum from Maisha Cryor to produced in the People’s Republic of China Christian Marsh regarding ‘‘Crystalline Photovoltaic Modules Assembled Under Back-to-Back Cells, Whether or Not Assembled into Modules, Agreements will result in suspension of all unliquidated from the People’s Republic of China: Third-Country Comment 28: Whether Suntech America’s entries for which these requirements were Case Numbers and Certifications’’, dated May 16, Product Recall Expenses Should be not met and the requirement that the 2012. Included In Indirect Selling Expenses importer post an AD cash deposit or, where
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applicable, a bond, on those entries equal to SUMMARY: The Bureau of Consumer Abstract: The proposed information the PRC-wide rate in effect at the time of the Financial Protection (Bureau), as part of collection activity would garner entry and a CVD cash deposit, or where its continuing effort to reduce qualitative feedback from consumers, applicable, a bond rate equal to the all-others rate in effect at the time of the entry. paperwork and respondent burden, financial institutions, and stakeholders invites the general public and other on a wide range of services the Bureau lllllllllllllllllllll Federal agencies to comment on provides in an efficient, timely manner, Name of Company Official lllllllllllllllllllll proposed information collections, as in accordance with the Bureau’s required by the Paperwork Reduction commitment to improving service Title lllllllllllllllllllll Act of 1995. The Bureau is soliciting delivery. By qualitative feedback, the comments concerning its proposed Bureau means information that provides Date information collection titled, ‘‘Generic useful insights on, for example, Exporter Certification Clearance for the Collection of comprehension, usability, perceptions, I hereby certify that I am an official of Qualitative Feedback on the Service and opinions, but are not statistical insert name of company exporting solar Delivery of the Consumer Financial surveys that yield quantitative results panels/modules, that I have knowledge of the Protection Bureau.’’ The proposed that can be generalized to the facts regarding the exportation of the solar collection has been submitted to the population of study. The Bureau expects panels/modules or other products containing Office of Management and Budget this feedback to include insights into solar panels/modules identified below, and that these solar panels/modules do not (OMB) for review and approval. A copy consumer, financial institution, or contain solar cells produced in the People’s of the submission may be obtained by stakeholder perceptions, experiences, Republic of China. By signing this certificate, contacting the agency contact listed and expectations, provide an early I also hereby certify that insert name of below. warning of issues with service, or focus company exporting solar panels/modules DATES: Written comments are attention on areas where maintains sufficient documentation communication, training or changes in supporting this certification for all solar cells encouraged and must be received on or before November 16, 2012 to be assured operations might improve delivery of used to produce the solar panels/modules products or services. These collections identified below. I am aware that records of consideration. will allow for ongoing, collaborative, pertaining to this certification may be subject ADDRESSES: You may submit comments, to verification by Department of Commerce and actionable communications identified by agency name and the title, between the Bureau and consumers, officials and I consent to verification with ‘‘Generic Clearance for the Collection of respect to this certification and these records. financial institutions, and stakeholders. I understand that this certification should be Qualitative Feedback on the Service It will also allow feedback to contribute completed at the time of shipment. I also Delivery of the Consumer Financial directly to the improvement of program understand that failure to maintain the Protection Bureau’’ to: • management. required certification or failure to Agency: Consumer Financial The solicitation of feedback will target substantiate the claim that the panels/ Protection Bureau (Attention: PRA areas such as: Timeliness, modules do not contain solar cells produced Office), 1700 G Street NW., Washington, in the People’s Republic of China will result appropriateness, accuracy of DC 20552; (202) 435–9011; and information, courtesy, efficiency of in suspension of all unliquidated entries for [email protected]. which these requirements were not met and • service delivery, and resolution of the requirement that the importer post an AD OMB: Shagufta Ahmed, Office of issues with service delivery. Responses cash deposit or, where applicable, a bond, on Management and Budget, New will be assessed to plan and inform those entries equal to the PRC-wide rate in Executive Office Building, Room 10235, efforts to improve or maintain the effect at the time of the entry and a CVD cash Washington, DC 20503; (202) 395–7873. quality of service offered to the public. deposit, or where applicable, a bond rate FOR FURTHER INFORMATION CONTACT: If this information is not collected, vital equal to the all-others rate in effect at the Requests for additional information time of the entry. feedback from consumers, financial The exports covered by this certification should be directed to Consumer institutions, and stakeholders on the are insert invoice numbers, purchase order Financial Protection Bureau (Attention: Bureau’s services will be unavailable. numbers, export documentation, etc. to PRA Office), 1700 G Street NW., The Bureau will only submit a identify the exports covered by the Washington, DC 20552, (202) 435–9011, collection for approval under this certification. or through the internet at generic clearance if it meets the _ _ lllllllllllllllllllll CFPB Public [email protected]. following conditions: Name of Company Official SUPPLEMENTARY INFORMATION: • The collections are voluntary; lllllllllllllllllllll Title: Generic Clearance for the • The collections are low-burden for Title Collection of Qualitative Feedback on respondents (based on considerations of lllllllllllllllllllll the Service Delivery of the Consumer total burden hours, total number of Date Financial Protection Bureau. respondents, or burden-hours per [FR Doc. 2012–25580 Filed 10–16–12; 8:45 am] OMB Control Number: 3170–XXXX. respondent) and are low-cost for both BILLING CODE 3510–DS–P Summary: As part of a Federal the respondents and the Federal Government-wide effort to streamline Government; the process to seek feedback from the • The collections are non- BUREAU OF CONSUMER FINANCIAL public on service delivery, the Bureau controversial and do not raise issues of PROTECTION has submitted a Generic Information concern to other Federal agencies; Collection Request: ‘‘Generic Clearance • Any collection is targeted to the Agency Information Collection for the Collection of Qualitative solicitation of opinions from Activities: Submission for OMB Feedback on the Service Delivery of the respondents who have experience with Review; Comment Request Consumer Financial Protection Bureau’’ the program or may have experience to OMB for approval under the with the program in the near future; AGENCY: Bureau of Consumer Financial • Protection. Paperwork Reduction Act (PRA) (44 Personally identifiable information U.S.C. 3501, et seq.). (PII) is collected only to the extent ACTION: Notice and request for comment. Type of Review: New Generic. necessary and is not retained;
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• Information gathered is intended to Estimated Total Annual Burden recordkeeping by manufacturers and be used only internally for general Hours: 250,000. importers of children’s sleepwear. service improvement and program An agency may not conduct or This document was published in the management purposes and is not sponsor, and a respondent is not Federal Register of October 4, 2012, and intended for release outside of the required to respond to, an information contains an incorrect docket number. Bureau (if released, the Bureau must collection unless the information FOR FURTHER INFORMATION CONTACT: indicate the qualitative nature of the collection displays a currently valid Robert H. Squibb, Consumer Product information); OMB control number. Safety Commission, 4330 East West • Information gathered will not be The Bureau issued a 60-day Federal Highway, Bethesda, MD 20814; (301) used for the purpose of substantially Register notice on August 7, 2012 77 FR 504–7815, or by email to: informing influential policy decisions; 47045). Comments were solicited and [email protected]. and continue to be invited on: (a) Whether Correction • Information gathered will yield the collection of information is qualitative information; the collections necessary for the proper performance of (1) In the Federal Register of October will not be designed or expected to the functions of the Bureau, including 4, 2012, 77 FR 60684, in the second yield statistically reliable results or used whether the information shall have column, correct the docket number in as though the results are generalizable to practical utility; (b) the accuracy of the the heading to read: [Docket No. CPSC– the population of study. Bureau’s estimate of the burden of the 2012–0055]; Feedback collected under this generic collection of information, including the (2) In the Federal Register of October clearance would provide useful validity of the methodology and the 4, 2012, 77 FR 60684, in the second information, but it would not yield data assumptions used; (c) ways to enhance column, Correct the first sentence of the that can be generalized to the overall the quality, utility, and clarity of the ADDRESSES section to read: ‘‘You may population. This type of generic information to be collected; and (d) submit comments, identified by Docket clearance for qualitative information ways to minimize the burden of the No. CPSC–2012–0055, by any of the will not be used for quantitative collection of information on following methods:’’ information collections that are respondents, including through the use Dated: October 12, 2012. designed to yield reliably actionable of automated collection techniques or Todd A. Stevenson, results, such as monitoring trends over other forms of information technology. Secretary, Consumer Product Safety time or documenting program Dated: October 10, 2012. Commission. performance. Such data uses require Chris Willey, [FR Doc. 2012–25519 Filed 10–16–12; 8:45 am] more rigorous designs that address: The Chief Information Officer, Bureau of BILLING CODE 6355–01–P target population to which Consumer Financial Protection. generalizations will be made, the [FR Doc. 2012–25559 Filed 10–16–12; 8:45 am] sampling frame, the sample design CONSUMER PRODUCT SAFETY BILLING CODE 4810–AM–P (including stratification and clustering), COMMISSION the precision requirements or power calculations that justify the proposed Proposed Extension of Approval of sample size, the expected response rate, CONSUMER PRODUCT SAFETY Information Collection; Comment methods for assessing potential non- COMMISSION Request—Electrically Operated Toys and Children’s Articles response bias, the protocols for data Proposed Extension of Approval of collection, and any testing procedures Information Collection; Comment AGENCY: Consumer Product Safety that were or will be undertaken prior to Request—Children’s Sleepwear Commission. fielding the study. Depending on the ACTION: Notice; correction. degree of influence the results are likely AGENCY: Consumer Product Safety to have, such collections may still be Commission. SUMMARY: As required by the Paperwork eligible for submission for other generic ACTION: Notice; correction. Reduction Act of 1995 (44 U.S.C. mechanisms that are designed to yield Chapter 35), the Consumer Product quantitative results. SUMMARY: As required by the Paperwork Safety Commission (CPSC) requested As a general matter, information Reduction Act of 1995 (44 U.S.C. comments on a proposed extension of collections will not result in any new Chapter 35), the Consumer Product approval, for a period of 3 years from system of records containing privacy Safety Commission (CPSC) requested the date of approval by the Office of information and will not ask questions comments on a proposed extension of Management and Budget (OMB), of a of a sensitive nature, such as sexual approval, for a period of 3 years from collection of information from behavior and attitudes, religious beliefs, the date of approval by the Office of manufacturers and importers of certain and other matters that are commonly Management and Budget (OMB), of a electrically operated toys and children’s considered private. collection of information from articles. The collection of information Affected Public: Individuals and manufacturers and importers of consists of testing and recordkeeping Households; Businesses, Organizations, children’s sleepwear. This collection of requirements in regulations titled, and other for-profit, not-for-profit information is in the Standard for the ‘‘Requirements for Electrically Operated institutions; and State, Local or Tribal Flammability of Children’s Sleepwear: Toys or Other Electrically Operated Governments. Sizes 0 through 6X and the Standard for Articles Intended for Use by Children,’’ Average Expected Annual Number of the Flammability of Children’s codified at 16 CFR part 1505. Activities: 25. Sleepwear: Sizes 7 through 14 and This document was published in the Estimated Number of Respondents: regulations implementing those Federal Register of October 4, 2012, and 10,000. standards. See 16 CFR parts 1615 and contains an incorrect docket number. Estimated Time per Respondent: 1 1616. The children’s sleepwear FOR FURTHER INFORMATION CONTACT: Hour per Response. standards and implementing regulations Robert H. Squibb, Consumer Product Frequency of Response: 1 per Year. establish requirements for testing and Safety Commission, 4330 East West
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Highway, Bethesda, MD 20814; (301) column, correct the docket number in No. CPSC–2012–0054, by any of the 504–7815, or by email to: the heading to read: [Docket No. CPSC– following methods:’’ [email protected]. 2012–0056]; Dated: October 12, 2012. (2) In the Federal Register of October Todd A. Stevenson, Correction 4, 2012, 77 FR 60682, in the first (1) In the Federal Register of October column, correct the first sentence of the Secretary, Consumer Product Safety Commission. 4, 2012, 77 FR 60685, in the second ADDRESSES section to read: ‘‘You may column, correct the docket number in submit comments, identified by Docket [FR Doc. 2012–25520 Filed 10–16–12; 8:45 am] the heading to read: [Docket No. CPSC– No. CPSC–2012–0056, by any of the BILLING CODE 6355–01–P 2012–0057]; following methods:’’ (2) In the Federal Register of October Dated: October 12, 2012. 4, 2012, 77 FR 60685, in the third CONSUMER PRODUCT SAFETY Todd A. Stevenson, column, correct the first sentence of the COMMISSION ADDRESSES section to read: ‘‘You may Secretary, Consumer Product Safety Commission. Proposed Extension of Approval of submit comments, identified by Docket Information Collection; Comment No. CPSC–2012–0057, by any of the [FR Doc. 2012–25522 Filed 10–16–12; 8:45 am] BILLING CODE 6355–01–P Request—Safety Standard for Walk- following methods:’’ Behind Power Lawn Mowers Dated: October 12, 2012. AGENCY: Todd A. Stevenson, CONSUMER PRODUCT SAFETY Consumer Product Safety Commission. Secretary, Consumer Product Safety COMMISSION Commission. ACTION: Notice; correction. Proposed Extension of Approval of [FR Doc. 2012–25523 Filed 10–16–12; 8:45 am] SUMMARY: As required by the Paperwork BILLING CODE 6355–01–P Information Collection; Comment Request—Safety Standard for Reduction Act of 1995 (44 U.S.C. Automatic Residential Garage Door Chapter 35), the Consumer Product Safety Commission (CPSC) requested CONSUMER PRODUCT SAFETY Operators comments on a proposed extension of COMMISSION AGENCY: Consumer Product Safety approval, for a period of 3 years from Proposed Extension of Approval of Commission. the date of approval by the Office of Information Collection; Comment ACTION: Notice; correction. Management and Budget (OMB), of a collection of information from Request—Omnidirectional Citizens SUMMARY: As required by the Paperwork Band Base Station Antennas manufacturers and importers of walk- Reduction Act of 1995 (44 U.S.C. behind power lawn mowers. This AGENCY: Consumer Product Safety Chapter 35), the Consumer Product collection of information consists of Commission. Safety Commission (CPSC) requested testing and recordkeeping requirements ACTION: Notice; correction. comments on a proposed extension of in certification regulations approval, for a period of 3 years from implementing the Safety Standard for SUMMARY: As required by the Paperwork the date of approval by the Office of Walk-Behind Power Lawn Mowers (16 Reduction Act of 1995 (44 U.S.C. Management and Budget (OMB), of a CFR part 1205). Chapter 35), the Consumer Product collection of information from This document was published in the Safety Commission (CPSC) requested manufacturers and importers of Federal Register of October 4, 2012, and comments on a proposed extension of residential garage door operators. The contains an incorrect docket number. approval, for a period of 3 years from collection of information consists of FOR FURTHER INFORMATION CONTACT: the date of approval by the Office of testing and recordkeeping requirements Robert H. Squibb, Consumer Product Management and Budget (OMB), of a in certification regulations Safety Commission, 4330 East West collection of information from implementing the Safety Standard for Highway, Bethesda, MD 20814; (301) manufacturers and importers of citizens Automatic Residential Garage Door 504–7815, or by email to: band base station antennas. The Operators (16 CFR part 1211). This [email protected]. collection of information is in document was published in the Federal regulations setting forth the Safety Register of October 4, 2012, and Correction Standard for Omnidirectional Citizens contains an incorrect docket number. (1) In the Federal Register of October Band Base Station Antennas (16 CFR FOR FURTHER INFORMATION CONTACT: 4, 2012, 77 FR 60683, in the first part 1204). These regulations establish Robert H. Squibb, Consumer Product column, correct the docket number in testing and recordkeeping requirements Safety Commission, 4330 East West the heading to read: [Docket No. CPSC– for manufacturers and importers of Highway, Bethesda, MD 20814; (301) 2012–0058]; antennas subject to the standard. 504–7815, or by email to: (2) In the Federal Register of October This document was published in the [email protected]. 4, 2012, 77 FR 60683, in the first Federal Register of October 4, 2012, and Correction column, correct the first sentence of the contains an incorrect docket number. ADDRESSES section to read: ‘‘You may FOR FURTHER INFORMATION CONTACT: (1) In the Federal Register of October submit comments, identified by Docket Robert H. Squibb, Consumer Product 4, 2012, 77 FR 60686, in the third No. CPSC–2012–0058, by any of the Safety Commission, 4330 East West column, correct the docket number in following methods:’’ Highway, Bethesda, MD 20814; (301) the heading to read: [Docket No. CPSC– 504–7815, or by email to: 2012–0054]; Dated: October 12, 2012. [email protected]. (2) In the Federal Register of October Todd A. Stevenson, 4, 2012, 77 FR 60686, in the third Secretary, Consumer Product Safety Correction column, correct the first sentence of the Commission. (1) In the Federal Register of October ADDRESSES section to read: ‘‘You may [FR Doc. 2012–25521 Filed 10–16–12; 8:45 am] 4, 2012, 77 FR 60682, in the first submit comments, identified by Docket BILLING CODE 6355–01–P
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CONSUMER PRODUCT SAFETY Agreement and the attached Order resolve 11. In August 2008, Aqua Leisure senior COMMISSION Staff’s allegations set forth below. executives raised concerns internally about a ‘‘potential problem’’ with the Subject THE PARTIES [CPSC Docket No. 13–C0001] Products, and began investigating the Subject 2. Staff is the staff of the Commission, an Products and contemplating its obligation to Aqua-Leisure Industries, Inc., independent federal regulatory agency report and the possibility of enforcement established pursuant to, and responsible for, action by the CPSC. Aqua Leisure did not Provisional Acceptance of a enforcement of the CPSA. report to the CPSC at that time, however. Settlement Agreement and Order 3. Aqua Leisure is a privately-held 12. On October 31, 2008, CPSC Staff company, organized and existing under the notified Aqua Leisure of an incident AGENCY: Consumer Product Safety laws of the state of Massachusetts, with its involving a 6-month-old girl who was Commission. principal office located at 525 Bodwell completely submerged in a pool when the ACTION: Notice. Street, Avon, Massachusetts 02322–1098. bottom of her inflatable baby boat seat ‘‘broke completely.’’ However, Aqua Leisure had SUMMARY: It is the policy of the STAFF ALLEGATIONS previously received notice of this incident on Commission to publish settlements 4. The Subject Products are ‘‘consumer July 25, 2008 yet the firm took no steps to which it provisionally accepts under the products’’ and, at all relevant times, Aqua report to the CPSC. Consumer Product Safety Act in the Leisure was a ‘‘manufacturer’’ of ‘‘consumer 13. In addition, by October 31, 2008, Aqua Leisure was aware of at least 24 consumer Federal Register in accordance with the products,’’ which were ‘‘distribute[d] in commerce,’’ as those terms are defined or complaints regarding the seats of the Subject terms of 16 CFR 1118.20(e). Published used in sections 3(a)(5), (8), and (11) of the Products since the 2001 Recall, including below is a provisionally-accepted CPSA, 15 U.S.C. § 2052(3)(a)(5), (8), and (11). nine reports in which children fell through Settlement Agreement with Aqua- 5. The Subject Products are defective the Subject Products suddenly and were Leisure Industries, Inc., containing a because the leg straps in the seat of the completely submerged underwater. civil penalty of $650,000.00, within inflatable baby boat can tear with normal use, 14. Aqua Leisure waited until March 12, twenty (20) days of service of the causing children to unexpectedly fall into or 2009 to report to the CPSC, just hours before under the water, posing a risk of drowning. the publication of a news story by a Boston Commission’s final Order accepting the news team about problems with the Subject Settlement Agreement. 6. Aqua Leisure received its first complaint of sudden tearing of the seat crotch of certain Products and Aqua Leisure’s handling of DATES: Any interested person may ask models of its inflatable baby boats in 2001, complaints and potential failure to report to the Commission not to accept this and announced a recall of 90,000 of those the Commission. agreement or otherwise comment on its boats on November 28, 2001 (the ‘‘2001 15. Aqua Leisure’s initial report to the contents by filing a written request with Recall’’). The 2001 Recall disclosed that Commission on March 12, 2009, and its subsequent Full Report on April 17, 2009, the Office of the Secretary by November Aqua Leisure and CPSC had received 12 reports of sudden tearing of the seat, incorrectly reported the scope and severity of 1, 2012. the hazard: both reports identified only four including four reports that children were ADDRESSES: incidents and only one model of boat affected Persons wishing to submerged completely under water before a by the potential problem, instead of the comment on this Settlement Agreement caregiver was able to rescue the child. actual 28 complaints received for 18 different should send written comments to the 7. For two years following the July 2001 models. Comment 13–C0001, Office of the recall, Staff monitored Aqua Leisure’s 16. On May 21, 2009, Aqua Leisure filed Secretary, Consumer Product Safety execution of its Corrective Action Plan. On a Supplemental Full Report in which it July 14, 2003, Staff notified Aqua Leisure of Commission, 4330 East West Highway, reported that the Firm had received at least its decision to close the case, but reserved the Room 820, Bethesda, Maryland 20814– 28 consumer complaints regarding 18 right to reopen the matter if Staff determined 4408. different models of baby boats. that the public had not been adequately FOR FURTHER INFORMATION CONTACT: 17. On July 2, 2009, Aqua Leisure protected from the risk of injury presented by announced a recall for the Subject Products. Jennifer W. Feinberg, Trial Attorney, the product. Staff further advised that Aqua Division of Compliance, Office of the The recall disclosed 31 reports of inflatable Leisure had a ‘‘continuing obligation to baby boat seats tearing, causing children to General Counsel, Consumer Product inform the Commission of defects associated fall into or under the water. Safety Commission, 4330 East West with this product * * *.’’ 18. Although well before May 21, 2009, Highway, Bethesda, Maryland 20814– 8. After the 2001 Recall, the Firm Aqua Leisure had obtained sufficient 4408; telephone (301) 504–7843. continued to produce different versions of information to reasonably support the the inflatable baby boats, which also became conclusion that the Subject Products SUPPLEMENTARY INFORMATION: The text of the subject of consumer complaints. Between the Agreement and Order appears contained a defect that could create a December 2002 and June 2009, Aqua Leisure substantial product hazard, or created an below. distributed approximately 4 million of these unreasonable risk of serious injury or death, Dated: October 12, 2012. inflatable baby boats (‘‘Subject Products’’) in Aqua Leisure failed to inform the U.S. commerce. The Subject Products came Todd A. Stevenson, Commission immediately of such defect or in 18 different models, and sold for risk, as required by sections 15(b)(3) and (4) Secretary. approximately $8 to $15 each through of the CPSA, 15 U.S.C. § 2064(b)(3) and (4). nationwide retailers. In failing to inform the Commission UNITED STATES OF AMERICA 9. Between July 14, 2003, and July 31, immediately of the defect or advising that the CONSUMER PRODUCT SAFETY 2006, Aqua Leisure became aware of 17 defect involved the Subject Products, Aqua COMMISSION incidents in which these post-2001 Recall Leisure knowingly violated section 19(a)(4) In the Matter of: Aqua-Leisure Industries, Inc. inflatable baby boat seats ‘‘fell out’’; of the CPSA, 15 U.S.C. § 2068(a)(4), as the CPSC Docket No.: 13–C0001 ‘‘ripped’’; ‘‘failed’’; ‘‘tore’’; ‘‘split’’; and/or term ‘‘knowingly’’ is defined in section 20(d) ‘‘separated,’’ including four incidents in of the CPSA, 15 U.S.C. § 2069(d). SETTLEMENT AGREEMENT AND ORDER which a baby boat seat ripped, causing 19. Pursuant to section 20 of the CPSA, 15 1. In accordance with 16 C.F.R. § 1118.20, children to fall into the water unexpectedly. U.S.C. § 2069, Aqua Leisure is subject to civil Aqua-Leisure Industries, Inc. (‘‘Aqua 10. By July 2006, Aqua Leisure had penalties for its knowing failure to report, as Leisure’’) and staff (‘‘Staff’’) of the United information that the leg straps of the Subject required under section 15(b) of the CPSA, 15 States Consumer Product Safety Commission Products were not being produced in U.S.C. § 2064(b). (‘‘Commission’’ or ‘‘CPSC’’) hereby enter into accordance with the width and thickness this Settlement Agreement (‘‘Agreement’’) specifications of the replacement product RESPONSE OF AQUA LEISURE under the Consumer Product Safety Act that had been evaluated by Staff as a part of 20. The Firm denies staff’s allegations that (‘‘CPSA’’), 15 U.S.C. §§ 2051–2089. The the 2001 Recall and Corrective Action Plan. it knew that the Subject Products contained
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defects which could create a substantial the United States of the Settlement Amount. States within 10 calendar days of written product hazard pursuant to section 15(a) of Further, the parties warrant that, in notification to Aqua Leisure that the releases the CPSA, 15 U.S.C. 2064(a), and further evaluating whether to execute this have been rescinded pursuant to this denies that it knowingly violated the Agreement, they (a) have intended that the Paragraph; and (iii) the United States has a reporting requirements of section 15(b) of the mutual promises, covenants, and obligations valid claim against Aqua Leisure in the CPSA, 15 U.S.C. 2064(b). set forth constitute a contemporaneous amount of $1.875 million and the United 21. Like all inflatable pool toys, the Subject exchange for new value given to Aqua States may pursue its claim in the case, Products degrade over time. Section 1115.6 Leisure, within the meaning of 11 U.S.C. action or proceeding referenced in the first of Title 16 of the Code of Federal Regulations § 547(c)(1), and (b) conclude that these clause of this Paragraph, as well as in any directs the Commission to consider, among mutual promises, covenants and obligations other case, action or proceeding. other things, ‘‘the level of exposure of do, in fact, constitute such contemporaneous c. The agreements in Paragraphs 26(a) and consumers to the risk’’ before determining exchange. Further, the parties warrant that 26(b) shall apply only when the that a reportable product defect exists. The the mutual promises, covenants, and circumstances described in Paragraph 26 reported failure rate for Subject Product leg obligations set forth herein are intended to, exist. Aqua Leisure acknowledges that the straps was 0.0000063%. Of millions of units and do, in fact, represent a reasonably agreements, restrictions and claim sold, Aqua Leisure received only 6 consumer equivalent exchange of value that is not enhancements in this Paragraph are provided reports (including suspect reports) in 2004, intended to hinder, delay, or defraud any in exchange for valuable consideration only 2 reports in 2005, only 7 reports in entity to which Aqua Leisure was or became provided in this Agreement. 2006, 3 in 2007, and 5 in 2008. The number indebted to on or after the date of transfer, 27. The parties further agree that if Aqua of substantiated injuries is zero. within the meaning of 11 U.S.C. § 548(a)(1). Leisure fails to make timely payments as 22. In addition, Section 1115.4 of title 15 26. If within 91 days of the effective date agreed to in paragraph 24, such conduct will of the Code of Federal Regulations requires of this Agreement or of any payment made be considered a violation of this Agreement the Commission to ‘‘consider, as appropriate: under this Agreement, Aqua Leisure and Order. * * * the adequacy of warnings and commences, or a third party commences, any 28. Subject to Paragraphs 12 and 13, above, instructions to mitigate such risk’’ before it case, proceeding, or other action under any the Agreement is a full and complete resolution between Staff and Aqua Leisure, determines that a product is defective. Each law relating to bankruptcy, insolvency, and its parents, shareholders, divisions, baby boat is accompanied by a warning that reorganization, or relief of debtors (a) seeking subdivisions, subsidiaries, partners, sister instructs parents to supervise their children, to have any order for relief of Aqua Leisure’s companies and their successors and assigns as follows: ‘‘This is not a life saving device. debt’s, or seeking to adjudicate Aqua Leisure of all claims for civil penalties that have been Do not leave child unattended while in use. as bankrupt or insolvent; or (b) seeking appointment of a receiver, trustee, custodian, or could have been asserted based on the Only to be used in water in which the child facts contained in Staff’s allegations above. or other similar official for Aqua Leisure or is within its depth and under adult 29. The parties enter into this Agreement for all or any substantial part of Aqua supervision. NEVER leave a child for settlement purposes only. The Agreement Leisure’s assets, Aqua Leisure agrees as unattended. DO NOT overinflate or use high does not constitute an admission by Aqua follows: pressure air to inflate. Under NO Leisure, or a determination by the circumstances should a child be left in or a. Aqua Leisure’s obligations under this Commission, that Aqua Leisure violated the around water unless a competent adult Agreement may not be avoided pursuant to CPSA’s reporting requirements. swimmer is present supervising the child. 11 U.S.C. § 547, and Aqua Leisure shall not 30. Upon provisional acceptance of the DO NOT use with a baby who cannot sit argue or otherwise take the position in any Agreement by the Commission, the confidently. The possibility DOES exist that such case, proceeding, or action that: (i) Aqua Agreement shall be placed on the public a baby could tip the unit over. To reduce the Leisure’s obligations under this Agreement record and published in the Federal Register, risk of this happening, the water must be may be avoided under 11 U.S.C. § 547; (ii) in accordance with the procedures set forth deep enough so that the baby cannot touch Aqua Leisure was insolvent at the time this in 16 C.F.R. § 1118.20(e). If the Commission the bottom. Always exercise caution when Agreement was entered into, or became does not receive any written request not to babies are teething as they could puncture insolvent as a result of the payment made to accept the Agreement within fifteen (15) the baby boat. Do not give any playing the United States; or (iii) mutual promises, calendar days, the Agreement shall be accessories that have the potential to damage covenants, and obligations set forth in this deemed finally accepted on the 16th calendar this product. Not suitable for children under Agreement do not constitute a day after the date it is published in the 6 months.’’ For these reasons, Aqua Leisure contemporaneous exchange for new value Federal Register, in accordance with 16 did not believe the leg straps tears were given to Aqua Leisure. C.F.R. § 1118.20(f). reportable events under Section 15(b). b. If Aqua Leisure’s obligations under this 31. Upon the Commission’s final Agreement are avoided for any reason, AGREEMENT OF THE PARTIES acceptance of the Agreement and issuance of including, but not limited to, through the the Order, Aqua Leisure knowingly, 23. For purposes of this Agreement, as a exercise of a trustee’s avoidance powers voluntarily, and completely waives any manufacturer of consumer products under the Bankruptcy Code, the United rights it may have in this matter to the distributed in U.S. commerce, Aqua Leisure States, at its sole option, may rescind the following: (a) an administrative or judicial is subject to the Commission’s jurisdiction. releases in this Agreement and bring any hearing; (b) judicial review or other challenge 24. In settlement of Staff’s allegations, civil and/or administrative claim, action or or contest of the Commission’s actions; (c) a Aqua Leisure consents to the entry of the proceeding against Aqua Leisure. Aqua determination by the Commission of whether attached Order (‘‘Order’’) as set forth below, Leisure agrees that (i) any such action or Aqua Leisure failed to comply with the CPSA and will pay a civil penalty in the amount proceeding brought by the United States and the underlying regulations; (d) a of six hundred fifty thousand dollars seeking payment according to the Order set statement of findings of fact and conclusions ($650,000.00) (the ‘‘Settlement Amount’’), forth herein are enforcement actions that are of law; and (e) any claims under the Equal two hundred fifty thousand ($250,000.00) of not subject to an ‘‘automatic stay’’ pursuant Access to Justice Act. which will be paid within twenty (20) days to 11 U.S.C. § 362(a) as a result of the action, 32. The Commission may publicize the of the date this Order becomes final, and the case or proceedings described in the first terms of the Agreement and the final Order. remaining four hundred thousand clause of this Paragraph and Aqua Leisure 33. The Agreement and the final Order ($400,000.00) of which will be paid within shall not argue or otherwise contend that the shall apply to, and be binding upon, Aqua one hundred twenty (120) days of the date United States’ action or proceeding is subject Leisure, and each of its successors and/or this Order becomes final. The payment shall to an automatic stay and therefore barred; (ii) assigns, until the obligation described in be made to the CPSC via www.pay.gov. Aqua Leisure shall not plead, argue or paragraph 24 has been fulfilled. 25. Aqua Leisure warrants that it has otherwise raise any defenses under the 34. The Commission issues the final Order reviewed its financial situation and that it theories of statute of limitations, laches, under the provisions of the CPSA, and a currently is solvent within the meaning of 11 estoppels, or similar theories, to any such violation of the final Order may subject Aqua U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(I), and civil or administrative claims, actions or Leisure, and each of its successors and/or shall remain solvent following payment to proceedings that are brought by the United assigns, to appropriate legal action.
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35. The Agreement may be used in service of the Commission’s Order upon of the information to be collected; and interpreting the final Order. Understandings, counsel for Aqua Leisure, and the remaining ways in which we can minimize the agreements, representations, or four hundred thousand ($400,000.00) paid burden of the collection of information interpretations apart from those contained in within one hundred twenty (120) days of on those who are to respond, through the Agreement and the Order may not be service. The payments shall be made used to vary or contradict the terms or the electronically to the CPSC via www.pay.gov. the use of appropriate technological Agreement and the final Order. The Upon the failure of Aqua Leisure to make the collection techniques or other forms of Agreement shall not be waived, amended, foregoing payments when due, interest on the information technology. modified, or otherwise altered without unpaid amount shall accrue and be paid by DATES: Submit comments on or before written agreement thereto, executed by the Aqua Leisure at the federal legal rate of December 17, 2012. party against whom such waiver, interest set forth at 28 U.S.C. § 1961(a) and ADDRESSES: Submit comments amendment, modification, or alteration is (b). If Aqua Leisure fails to make such identified by Information Collection sought to be enforced. payments as set forth in the Agreement, such 36. If any provision of the Agreement or conduct will be considered a violation of this 9000–0147, Pollution Prevention and the final Order is held to be illegal, invalid, Agreement and Order. Right-to-Know Information by any of the or unenforceable under present or future following methods: Provisionally accepted and provisional • laws effective during the terms of the Order issued on the 11th day of October, Regulations.gov: http:// Agreement and the final Order, such 2012. www.regulations.gov. provision shall be fully severable. The BY ORDER OF THE COMMISSION: Submit comments via the Federal balance of the Agreement and the final Order eRulemaking portal by searching the lllllllllllllllllllll shall remain in full force and effect, unless OMB control number. Select the link the Commission and Aqua Leisure agree that Todd A. Stevenson, Secretary U.S. Consumer Product Safety Commission ‘‘Submit a Comment’’ that corresponds severing the provision materially affects the with ‘‘Information Collection 9000– purpose of the Agreement and final Order. [FR Doc. 2012–25507 Filed 10–16–12; 8:45 am] 0147, Pollution Prevention and Right-to- 37. This Agreement may be signed in BILLING CODE 6355–01–P counterparts. Know Information’’. Follow the AQUA-LEISURE INDUSTRIES, INC. instructions provided at the ‘‘Submit a Comment’’ screen. Please include your Dated: 8/21/12 DEPARTMENT OF DEFENSE name, company name (if any), and By: lllllllllllllllllll ‘‘Information Collection 9000–0147, Steven Berenson, CEO GENERAL SERVICES Aqua-Leisure Industries, Inc. ADMINISTRATION Pollution Prevention and Right-to-Know Information’’ on your attached Dated: 8/21/12 By: lllllllllllllllllll NATIONAL AERONAUTICS AND document. • Fax: 202–501–4067. George Gigounas, Esq. SPACE ADMINISTRATION • Counsel to Aqua-Leisure Industries, Inc. Mail: General Services DLA Piper [Docket 2012–0076; Sequence 36; OMB Administration, Regulatory Secretariat San Francisco, CA Control No. 9000–0147] (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada U.S. CONSUMER PRODUCT SAFETY Federal Acquisition Regulation; COMMISSION STAFF Flowers/IC 9000–0147, Pollution Information Collection; Pollution Prevention and Right-to-Know Cheryl A. Falvey Prevention and Right-to-Know General Counsel Information. Information (FAR 52.223–5) Instructions: Please submit comments Mary B. Murphy Assistant General Counsel AGENCY: Department of Defense (DOD), only and cite Information Collection Division of Compliance General Services Administration (GSA), 9000–0147, Pollution Prevention and Dated: 9/19/12 and National Aeronautics and Space Right-to-Know Information, in all By: lllllllllllllllllll Administration (NASA). correspondence related to this collection. All comments received will Jennifer W. Feinberg ACTION: Notice of request for public Trial Attorney be posted without change to http:// comments regarding an extension to an Division of Compliance www.regulations.gov, including any Office of the General Counsel existing OMB clearance. personal and/or business confidential UNITED STATES OF AMERICA SUMMARY: Under the provisions of the information provided. CONSUMER PRODUCT SAFETY Paperwork Reduction Act, the FOR FURTHER INFORMATION CONTACT: COMMISSION Regulatory Secretariat will be Marissa Petrusek, Procurement Analyst, In the Matter of: Aqua-Leisure Industries, Inc. submitting to the Office of Management Office of Acquisition Policy, GSA, (202) CPSC Docket No.: 13–C0001 and Budget (OMB) a request to review 501–0136 or email [email protected]. ORDER and approve an extension of a previously approved information Upon consideration of the Agreement SUPPLEMENTARY INFORMATION: collection requirement concerning entered into between Aqua-Leisure A. Purpose Industries, Inc. (‘‘Aqua Leisure’’), and U.S. pollution prevention and right-to-know Consumer Product Safety Commission information. As implemented in Federal (‘‘Commission’’) staff, and the Commission Public comments are particularly Acquisition Regulation (FAR) Subpart having jurisdiction over the subject matter invited on: Whether this collection of 23.10, Executive Order 13514, Federal and over Aqua Leisure, and it appearing that information is necessary for the proper Leadership in Environmental, Energy, the Agreement and the Order are in the performance of functions of the Federal and Economic Performance, signed on public interest, it is Acquisition Regulations (FAR), and October 5, 2009 (74 FR 52117, October ORDERED that the Agreement be, and is, whether it will have practical utility; 8, 2009) and Executive Order 13423, hereby, accepted; and it is whether our estimate of the public Strengthening Federal Environmental, FURTHER ORDERED, that Aqua Leisure shall pay a civil penalty in the total amount of six burden of this collection of information Energy, and Transportation hundred fifty thousand dollars ($650,000.00), is accurate, and based on valid Management, signed on January 24, with two hundred fifty thousand dollars assumptions and methodology; ways to 2007 (72 FR 3919, January 26, 2007), ($250,000.00) paid within twenty (20) days of enhance the quality, utility, and clarity mandates compliance with right-to-
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know laws and pollution prevention DEPARTMENT OF DEFENSE • Mail: General Services requirements; implementation of an Administration, Regulatory Secretariat Environmental Management System GENERAL SERVICES (MVCB), 1275 First Street, NE., (EMS); and completion of Facility ADMINISTRATION Washington, DC 20417. ATTN: Hada Compliance Audits (FCAs). Flowers/IC 9000–0069, Indirect Cost NATIONAL AERONAUTICS AND Rates. This information collection will be SPACE ADMINISTRATION accomplished by means of FAR clause Instructions: Please submit comments 52.223–5. This clause requires that [Docket 2012–0076; Sequence 30; OMB only and cite Information Collection Federal facilities comply with the Control No. 9000–0069] 9000–0069, Indirect Cost Rates, in all planning and reporting requirements of correspondence related to this Federal Acquisition Regulation; the Pollution Prevention Act (PPA) of collection. All comments received will Information Collection; Indirect Cost be posted without change to http:// 1990 (42 U.S.C. 13101–13109) and the Rates www.regulations.gov, including any Emergency Planning and Community personal and/or business confidential Right-to-Know Act (EPCRA) of 1986 (42 AGENCY : Department of Defense (DOD), information provided. U.S.C. 11001–11050). Additionally, this General Services Administration (GSA), clause requires contractors to provide and National Aeronautics and Space FOR FURTHER INFORMATION CONTACT: Mr. information necessary so that agencies Administration (NASA). Curtis E. Glover, Sr., Procurement can implement EMSs and complete ACTION: Notice of request for comments Analyst, Contract Policy Division, GSA, FCAs at certain Federal facilities. regarding an extension to an existing (202) 501–1448 or via email at OMB clearance. [email protected]. B. Annual Reporting Burden A. Purpose SUMMARY: Under the provisions of the The estimated annual reporting Paperwork Reduction Act, the The contractor’s proposal of final burden is slightly decreased since Regulatory Secretariat will be indirect cost rates is necessary for the published in the Federal Register at 74 submitting to the Office of Management establishment of rates used to reimburse FR 48745, on September 24, 2009. The and Budget (OMB) a request to review the contractor for the costs of adjustment is made based on current and approve an extension of a performing under the contract. The data and consultation with Federal previously approved information supporting cost data are the cost Government subject matter experts collection requirement concerning accounting information normally familiar with the requirements under Indirect Cost Rates. prepared by organizations under sound this information collection. Public comments are particularly management and accounting practices. Number of Respondents: 5,401. invited on: Whether this collection of The proposal and supporting data is information is necessary; whether it will Responses per Respondent: 1. used by the contracting official and have practical utility; whether our auditor to verify and analyze the Total Annual Responses: 5,401. estimate of the public burden of this indirect costs and to determine the final Hours per Response: 3.7493. collection of information is accurate, indirect cost rates or to prepare the Estimated Total Burden Hours: and based on valid assumptions and Government negotiating position if methodology; ways to enhance the 20,250. negotiation of the rates is required quality, utility, and clarity of the under the contract terms. Obtaining Copies of Proposals information to be collected; and ways in which we can minimize the burden of B. Annual Reporting Burden Requesters may obtain a copy of the the collection of information on those The information collection in the FAR information collection documents from who are to respond, through the use of remains unchanged. the General Services Administration, appropriate technological collection Regulatory Secretariat (MVCB), 1275 techniques or other forms of information Respondents: 3,000. First Street NE., Washington, DC 20417, technology. Responses per Respondent: 1. telephone (202) 501–4755. Please cite DATES: Submit comments on or before Annual Responses: 3,000. OMB Control Number 9000–0147, December 17, 2012. Hours per Response: 2,188. Pollution Prevention and Right-to-Know ADDRESSES: Submit comments Total Burden Hours: 6,564,000. Information, in all correspondence. identified by Information Collection Obtaining Copies of Proposals: Dated: October 11, 2012. 9000–0069, Indirect Cost Rates, by any Requesters may obtain a copy of the William Clark, of the following methods: • information collection documents from Acting Director, Office of Governmentwide Regulations.gov: http:// www.regulations.gov. Submit comments the General Services Administration, Acquisition Policy, Office of Acquisition Regulatory Secretariat (MVCB), 1275 Policy, Office of Governmentwide Policy. via the Federal eRulemaking portal by searching the OMB control number. First Street NE., Washington, DC 20417, [FR Doc. 2012–25575 Filed 10–16–12; 8:45 am] Select the link ‘‘Submit a Comment’’ telephone (202) 501–4755. Please cite BILLING CODE 6820–EP–P that corresponds with ‘‘Information OMB Control No. 9000–0069, Indirect Collection 9000–0069, Indirect Cost Cost Rates, in all correspondence. Rates’’. Follow the instructions Dated: October 10, 2012. provided at the ‘‘Submit a Comment’’ William Clark, screen. Please include your name, Acting Director, Federal Acquisition Policy company name (if any), and Division, Office of Governmentwide ‘‘Information Collection 9000–0069, Acquisition Policy, Office of Acquisition Indirect Cost Rates’’ on your attached Policy, Office of Governmentwide Policy. document. [FR Doc. 2012–25554 Filed 10–16–12; 8:45 am] • Fax: 202–501–4067. BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE ‘‘Information Collection 9000–0152, Dated: October 5, 2012. Service Contracting’’ on your attached William Clark, GENERAL SERVICES document. Acting Director, Office of Governmentwide ADMINISTRATION • Fax: 202–501–4067. Acquisition Policy, Office of Acquisition • Mail: General Services Policy, Office of Governmentwide Policy. NATIONAL AERONAUTICS AND Administration, Regulatory Secretariat [FR Doc. 2012–25555 Filed 10–16–12; 8:45 am] SPACE ADMINISTRATION (MVCB), 1275 First Street NE., BILLING CODE 6820–EP–P [OMB Control No. 9000–0152; Docket 2012– Washington, DC 20417. ATTN: Hada 0076; Sequence 16] Flowers/IC 9000–0152, Service Contracting. DEPARTMENT OF DEFENSE Federal Acquisition Regulation; Information Collection; Service Instructions: Please submit comments Office of the Secretary Contracting only and cite Information Collection 9000–0152, Service Contracting, in all Meeting of the Department of Defense AGENCY: Department of Defense (DOD), correspondence related to this Military Family Readiness Council General Services Administration (GSA), collection. All comments received will (MFRC) and National Aeronautics and Space be posted without change to http:// Administration (NASA). www.regulations.gov, including any AGENCY: Office of the Under Secretary of ACTION: Notice of request for public personal and/or business confidential Defense for Personnel and Readiness, comments regarding an extension to an information provided. Department of Defense. ACTION: Notice. existing OMB clearance (9000–0152). FOR FURTHER INFORMATION CONTACT: Ms. SUMMARY: Under the provisions of the Marissa Petrusek, Procurement Analyst, SUMMARY: Pursuant to Section 10(a), Paperwork Reduction Act the Office of Governmentwide Acquisition Public Law 92–463, as amended, notice Regulatory Secretariat will be Policy, GSA, (202) 501–0136 or via is hereby given of a forthcoming submitting to the Office of Management email at [email protected]. meeting of the Department of Defense and Budget (OMB) a request to review SUPPLEMENTARY INFORMATION: Military Family Readiness Council and approve an extension of a currently (MFRC). The purpose of the Council A. Purpose approved information collection meeting is to review the military family requirement concerning service The policies implemented at FAR programs and finalize the Council contracting. A notice was published in 37.115, Uncompensated Overtime, are recommendations that will appear in the Federal Register at 77 FR 37907, on based on Section 834 of Public Law the Council’s Annual Report. June 25, 2012. No comments were 101–510 (10 U.S.C. 2331). The policies The meeting is open to the public, received. require insertion of FAR provision subject to the availability of space. Public comments are particularly 52.237–10, Identification of Persons desiring to attend may contact invited on: Whether this collection of Uncompensated Overtime, in all Ms. Melody McDonald at 571–372–0880 information is necessary for the proper solicitations valued above the simplified or email FamilyReadinessCouncil@ performance of functions of the Federal acquisition threshold, for professional osd.mil no later than 5:00 p.m. on Acquisition Regulation (FAR), and or technical services to be acquired on Monday, November 26, 2012 to arrange whether it will have practical utility; the basis of the number of hours to be for parking and escort into the whether our estimate of the public provided. The provision requires that conference room inside the Pentagon. burden of this collection of information offerors identify uncompensated Interested persons may submit a is accurate, and based on valid overtime hours, in excess of 40 hours written statement for consideration by assumptions and methodology; ways to per week, and the uncompensated the Council. Persons desiring to submit enhance the quality, utility, and clarity overtime rate for direct charge Fair a written statement to the Council must of the information to be collected; and Labor Standards Act—exempt notify the point of contact listed in FOR ways in which we can minimize the personnel. This permits Government FURTHER INFORMATION CONTACT no later burden of the collection of information contracting officers to ascertain cost than 5:00 p.m., Thursday, November 15, on those who are to respond, through realism of proposed labor rates for 2012. the use of appropriate technological professional employees and discourages DATES: Tuesday, December 11, 2012, collection techniques or other forms of the use of uncompensated overtime. from 1:00 p.m. to 4:00 p.m. information technology. ADDRESSES: DATES: Submit comments on or before B. Annual Reporting Burden Pentagon Conference Center November 16, 2012. B6 (escorts will be provided from the Number of Respondents: 19,906. Pentagon Metro entrance). ADDRESSES: Submit comments Responses per Respondent: 1. FOR FURTHER INFORMATION CONTACT: Ms. identified by Information Collection Annual Responses: 19,906. 9000–0152, Service Contracting, by any Melody McDonald or Ms. Betsy Graham, of the following methods: Average Burden Hours per Response: Office of the Deputy Under Secretary of • Regulations.gov: http:// .5. Defense (Military Community & Family www.regulations.gov. Submit comments Total Burden Hours: 9,953. Policy), 4800 Mark Center Drive, via the Federal eRulemaking portal by Obtaining Copies of Proposals: Alexandria, VA 22350–2300, Room searching the OMB control number. Requesters may obtain a copy of the 3G15. Telephones (571) 372–0880; (571) Select the link ‘‘Submit a Comment’’ information collection documents from 372–0881 and/or email: Family that corresponds with ‘‘Information the General Services Administration, [email protected]. Collection 9000–0152, Service Regulatory Secretariat (MVCB), 1275 SUPPLEMENTARY INFORMATION: Meeting Contracting’’. Follow the instructions First Street NE., Washington, DC 20417, agenda. provided at the ‘‘Submit a Comment’’ telephone (202) 501–4755. Please cite screen. Please include your name, OMB Control No. 9000–0152, Service Tuesday, December 11, 2012 company name (if any), and Contracting, in all correspondence. Welcome & Administrative Remarks.
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Review and Comment on Council Administrative Session starting at 8:00 If members of the public are interested Action from September meeting. a.m. and ending at 8:45 a.m. to address in making an oral statement, a written Program Evaluation and administrative matters. After the Public statement must be submitted as above Recommendation discussion. Session, the Board will conduct an along with a request to provide an oral Office of the Secretary of Defense Administrative Session starting at 4:00 statement. After reviewing the written Changes to Family Policy. p.m. and ending at 5:00 p.m. to prepare comments, the Chairperson and the Meeting Frequency discussion. for upcoming meetings. Pursuant to 41 Designated Federal Officer will Closing Remarks. CFR 102–3.160, the public may not determine who of the requesting Note: Exact order may vary. attend the Administrative Sessions. persons will be able to make an oral presentation of their issue during the Dated: October 12, 2012. Public Session Aaron Siegel, open portion of this meeting. 9:00 a.m. to 9:30 a.m.—Status Report Alternate OSD Federal Register Liaison Determination of who will be making an Officer, Department of Defense. from Subcommittee oral presentation is at the sole discretion 9:30 a.m. to 11:30 a.m.—Assessing [FR Doc. 2012–25506 Filed 10–16–12; 8:45 am] of the Committee Chair and the Certain Military Justice Cases in Designated Federal Officer and will BILLING CODE 5001–06–P Combat Zones depend on time available and relevance 11:30 a.m. to 12:30 p.m.—Break to the Committee’s activities. Five 12:30 p.m. to 2:30 p.m.—Panel DEPARTMENT OF DEFENSE minutes will be allotted to persons Discussion with Human Rights desiring to make an oral presentation. Office of the Secretary Organizations Oral presentations by members of the 2:30 p.m. to 3:30 p.m.—Public public will be permitted at 2:30 p.m. Defense Legal Policy Board; Notice of Comments Received and 3:30 p.m. in front of the Board. The Federal Advisory Committee Meeting End of Public Session number of oral presentations to be made will depend on the number of requests AGENCY: Department of Defense. Availability of Materials for the Meeting: A copy of the agenda for the received from members of the public. ACTION: Notice. Committee’s Designated Federal November 7, 2012 meeting and the Officer: The Board’s Designated Federal SUMMARY: Under the provisions of the tasking for the Subcommittee may be Officer is Mr. James Schwenk, Defense Federal Advisory Committee Act of obtained at the meeting or from the Legal Policy Board, P.O. Box 3656, 1972 (5 U.S.C., Appendix, as amended), Board’s Staff Director at StaffDirector Arlington, VA 22203. Email: defense the Government in the Sunshine Act of [email protected]. 1976 (5 U.S.C. 552b, as amended), and Public’s Accessibility to the Meeting: [email protected]. Phone: 41 CFR 102–3.150, the Department of Pursuant to 5 U.S.C. 552b and 41 CFR (703) 697–9343. For meeting Defense announces the following 102–3.140 through 102–3.165, and the information please contact Mr. David Federal advisory committee meeting. availability of space, part of this meeting Gruber, Defense Legal Policy Board, P.O. Box 3656, Arlington, VA 22203. ADDRESSES NRECA Conference Center, is open to the public. Seating is limited and is on a first-come basis. Email: StaffDirectorDefenseLegalPolicy 4301 Wilson Blvd., Arlington, VA [email protected]. Phone: (703) 696–5449. 22203. Special Accommodations: Individuals requiring special accommodations to Dated: October 12, 2012. DATES: A meeting of the Defense Legal access the public meeting should Aaron Siegel, Policy Board (hereafter referred to as contact the Staff Director at Staff ‘‘the Board’’) will be held on Alternate OSD Federal Register Liaison DirectorDefenseLegalPolicyBoard@ Officer, Department of Defense. Wednesday, November 7, 2012. The osd.mil at least five (5) business days Public Session will begin at 9:00 a.m. [FR Doc. 2012–25496 Filed 10–16–12; 8:45 am] prior to the meeting so that appropriate BILLING CODE 5001–06–P and end at 3:30 p.m. arrangements can be made. FOR FURTHER INFORMATION CONTACT: Mr. Procedures for Providing Public David Gruber, Defense Legal Policy Comments: Pursuant to 41 CFR 102– DEPARTMENT OF ENERGY Board, P.O. Box 3656, Arlington, VA 3.105(j) and 102–3.140, and section 22203. Email: StaffDirectorDefenseLegal 10(a)(3) of the Federal Advisory [FE Docket No. 12–100–LNG] [email protected]. Phone: (703) 696– Committee Act of 1972, the public or 5449. interested organizations may submit Southern LNG Company, L.L.C.; SUPPLEMENTARY INFORMATION: written comments to the Board about its Application for Long-Term Purpose of the Meeting: At this mission and topics pertaining to this Authorization To Export Liquefied meeting, the Board will deliberate on public session. Written comments must Natural Gas Produced From Domestic the July 30, 2012 tasking from the be received by the DFO at least five (5) Natural Gas Resources to Non-Free Secretary of Defense to review certain business days prior to the meeting date Trade Agreement Countries for a 20- military justice cases in combat zones. so that the comments may be made Year Period The Board is interested in written and available to the Board for their AGENCY: Office of Fossil Energy, DOE. oral comments from the public, consideration prior to the meeting. ACTION: Notice of application. including non-governmental Written comments should be submitted organizations, relevant to this tasking. via email to the address for the DFO SUMMARY: The Office of Fossil Energy The mission of the Board is to advise given in this notice in the following (FE) of the Department of Energy (DOE) the Secretary of Defense on legal and formats: Adobe Acrobat, WordPerfect, or gives notice of receipt of an application related legal policy matters within DoD, Microsoft Word. Please note that since (Application) filed on August 31, 2012, the achievement of DoD policy goals the Board operates under the provisions by Southern LNG Company, L.L.C. through legislation and regulations, and of the Federal Advisory Committee Act, (Southern LNG), requesting long-term, other assigned matters. as amended, all written comments will multi-contract authorization to export Agenda: Prior to the Public Session, be treated as public documents and will up to 4 million tons per annum (mtpa) the Board will conduct an be made available for public inspection. of liquefied natural gas (LNG), the
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equivalent of 182.5 billion cubic feet Washington, DC 20585, (202) 586– and design, it will request that the FERC (Bcf) of natural gas per year or 0.5 Bcf 9478; (202) 586–7991. initiate the mandatory pre-filing review per day (Bcf/d), over a 20-year period, Edward Myers, U.S. Department of process for the EP. Southern LNG commencing on the earlier of the date Energy, Office of the Assistant further states that this request will be of first export or ten years from the date General Counsel for Electricity and made before the end of 2012. the requested authorization is granted. Fossil Energy, Forrestal Building, Current Application The LNG would be exported from the Room 6B–256, 1000 Independence LNG terminal in Chatham County, Ave. SW., Washington, DC 20585, In the instant application, Southern Georgia, near the City of Savannah (Elba (202) 586–3397. LNG seeks long-term, multi-contract Island Terminal) to any country (1) with SUPPLEMENTARY INFORMATION: authorization to export up to 4 mtpa of which the United States does not have domestically produced natural gas, as Background a free trade agreement (FTA) requiring LNG (the equivalent of 182.5 Bcf per national treatment for trade in natural Southern LNG is a Delaware limited year, or 0.5 Bcf/d of natural gas), for a gas, (2) which has developed or in the liability company with its principal period of 20 years beginning on the future develops the capacity to import place of business in Birmingham, earlier of the date of first export or ten LNG via ocean-going carrier, and (3) Alabama. Southern LNG is a wholly years from the date the authorization is with which trade is not prohibited by owned subsidiary of El Paso Pipeline granted by DOE/FE. Southern LNG U.S. law or policy. The source of the Partners Operating Company, L.L.C. requests that such long-term LNG will be from direct connects with (EPPPOC). EPPPOC is a wholly owned authorization provide for export from its the interstate pipelines of Southern subsidiary of El Paso Pipeline Partners, Elba Island terminal to any country with Natural Gas Company, L.L.C., Elba L.P. (EPPP). Kinder Morgan, Inc. owns which the United States does not have Express Company, L.L.C., Carolina Gas the general partner interest in EPPP. an FTA requiring national treatment for Transmission Corporation, and the Southern LNG states that the Export trade in natural gas, which has indirect connects with interstate Project (EP) will include natural gas developed or in the future develops the pipelines of Transcontinental Gas Pipe processing and liquefaction facilities to capacity to import LNG via ocean-going Line Company, LLC and Florida Gas receive, liquefy and export domestic carrier, and with which trade is not Transmission, LLC. Southern LNG is natural gas at the Elba Island Terminal. prohibited by U.S. law or policy. requesting this authorization to export The EP facilities will be integrated into Southern LNG requests authorization the existing terminal facilities. Southern LNG both on its own behalf and as agent to export LNG acting on its own behalf LNG states that the Elba Island Terminal for other parties who hold title to the or as agent for others. Southern LNG includes (1) berthing and LNG at the point of export. The states that to ensure that all exports are accommodations for two LNG vessels Application was filed under section 3 of permitted and lawful under U.S. laws and unloading facilities and piping and the Natural Gas Act (NGA). Protests, and policies, it will comply with all appurtenances; (2) and LNG storage and motions to intervene, notices of DOE requirements for an exporter or vaporization facility (including five intervention, and written comments are agent. Southern LNG states that in DOE/ storage tanks capable of storing a total 1 invited. FE Order No. 2913, the DOE approved of approximately 550,000 cubic meters a proposal to register each LNG title DATES: Protests, motions to intervene or of LNG), vaporization units and notices of intervention, as applicable, holder for whom the applicant sought to associated piping and control export LNG as agent. The applicant also requests for additional procedures, and equipment; (3) associated utilities, written comments are to be filed using proposed that this registration include a infrastructure, and support systems. written statement by the tile holder procedures detailed in the Public Southern LNG states that the EP Comment Procedures section no later acknowledging and agreeing to comply facilities would permit gas to be (1) with all applicable requirements than 4:30 p.m., eastern time, December received by pipeline at the Elba Island 17, 2012. included in its export authorization and Terminal, with these pipelines having to include those requirements in any ADDRESSES: indirect access to the nationally subsequent purchase or sale agreement Electronic Filing by email: integrated interstate pipeline grid, (2) entered into by that title holder. The [email protected]. liquefied, and (3) loaded from the applicant further stated that it would Regular Mail terminal’s storage tanks onto vessels U.S. Department of Energy (FE–34), file under seal with the DOE any berthed at the existing marine facility. relevant long-term commercial Office of Natural Gas Regulatory Southern LNG further states that the EP Activities, Office of Fossil Energy, agreements that it reached with the LNG will be designed to allow Southern LNG title holders on whose behalf the P.O. Box 44375, Washington, DC to be capable of providing bi-directional 20026–4375. exports were performed. service. Thus, once the EP facilities are Southern LNG states that therefore, Hand Delivery or Private Delivery operational, the Elba Island Terminal Services (e.g., FedEx, UPS, etc.) when acting as agent, it will register will have the capability to (1) liquefy with the DOE each LNG title holder for U.S. Department of Energy (FE–34), domestic gas for export or (2) import Office of Natural Gas Regulatory whom it seeks to export as agent, and LNG for delivery to domestic markets. will provide the DOE with a written Activities, Office of Fossil Energy, Southern LNG states that it does not Forrestal Building, Room 3E–042, statement by the title holder expect the EP to result in vessel traffic acknowledging and agreeing to (1) 1000 Independence Avenue SW., to or from the facility in excess of that Washington, DC 20585. comply with all requirements in its currently authorized for the existing long-term export authorization, and (2) FOR FURTHER INFORMATION CONTACT: import facility. include those requirements in any Larine Moore or Marc Talbert, U.S. Southern LNG states that the new subsequent purchase or sale agreement Department of Energy (FE–34), Office facilities proposed would be subject to entered into by the title holder. of Natural Gas Regulatory Activities, review and approval by the Federal Office of Fossil Energy, Forrestal Energy Regulatory Commission (FERC). 1 Freeport LNG Expansion, L.P. and FLNG Building, Room 3E–042, 1000 Southern LNG states that upon Liquefaction, LLC, FE Docket No. 10–160–LNG, Independence Avenue SW., completion of initial facility planning Order No. 2913 (February 10, 2011).
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Southern LNG will also file under seal declining, which, in turn, leads to prices amended, and the authority contained with the DOE any relevant long-term to subsequently spike when production in DOE Delegation Order No. 00– commercial agreements it enters into falls too low. Southern LNG also states 002.00L (April 29, 2011) and DOE with the LNG title holders on whose that its EP will not rely on any Redelegation Order No. 00–002.04E behalf the exports are performed. particular source of gas, but rather, (April 29, 2011). In reviewing this LNG export Application, DOE will consider Public Interest Considerations through the nationally integrated gas pipeline grid, and will be able to access any issues required by law or policy. To Southern LNG states that DOE/FE’s gas supplies from a variety of producing the extent determined to be relevant or primary consideration is whether the basins within the U.S. appropriate, these issues will include exports will be transacted on a market- Southern LNG states that while the impact of LNG exports associated driven, competitive basis. Southern contributing to the economic vibrancy with this Application, and the LNG states that this is the case here: The of the Southeast region, another benefit cumulative impact of any other owners of gas or the holders of capacity of its EP is that, once constructed and application(s) previously approved, on at the EP facilities will make decisions in operation, the export facilities will be domestic need for the gas proposed for whether to export gas based on then located within the footprint of the export, adequacy of domestic natural prevailing market conditions in the existing Elba Island Terminal and new gas supply, U.S. energy security, and domestic market and the destination LNG storage facilities do not have to be any other issues, including the impact markets. Southern LNG states that with constructed in order for Southern LNG on the U.S. economy (GDP), consumers, export capability at the Elba Island to provide the export service. Therefore, and industry, job creation, U.S. balance Terminal, both exports and imports will the EP’s environmental impacts will be of trade, international considerations, be subject to the ultimate market test: relatively small. and whether the arrangement is Those with capacity at the terminal will Further details can be found in the consistent with DOE’s policy of decide whether the market warrants Application, which has been posted at promoting competition in the imports of LNG, exports of LNG or http://www.fe.doe.gov/programs/ marketplace by allowing commercial neither. Southern LNG states that while gasregulation/index.html. parties to freely negotiate their own its transactions will be competitive, trade arrangements. Parties that may market-based transactions consistent Environmental Impact oppose this Application should with DOE/FE’s public interest policy, it Southern LNG states that the EP will comment in their responses on these is aware of the ongoing debate over have minimal environmental impacts issues, as well as any other issues whether LNG exports will cause price given that, following construction, the deemed relevant to the Application. increases in the domestic market that export facilities will be located within NEPA requires DOE to give run counter to the public interest. In the previously authorized footprint of appropriate consideration to the order to address such concerns, the existing Elba Island Terminal.2 The environmental effects of its proposed Southern LNG commissioned Navigant FERC conducted an environmental decisions. No final decision will be Consulting, Inc. (Navigant) to undertake review of the Elba Island Terminal site issued in this proceeding until DOE has a study of the potential impact to in connection with authorization of the met its environmental responsibilities. domestic supply and prices that might siting, construction, and operation of Due to the complexity of the issues result from LNG exports. The Navigant the Terminal in Docket Nos. CP99–579– raised by the Applicants, interested Market Analysis Study, attached to the 000, CP02–379–000, and CP06–470– persons will be provided 60 days from Application as Appendix A, considered 000. Southern LNG states that the the date of publication of this Notice in the possible impacts that the EP might facilities associated with the EP will which to submit comments, protests, have on natural gas supply and pricing. only require upgrades or additions to motions to intervene, notices of Navigant’s analysis also assumed the the existing infrastructure at the Elba intervention, or motions for additional existence of additional LNG exports Island Terminal. Southern LNG also procedures. from other projects as well as an states that any additional environmental Public Comment Procedures aggressive increase in natural gas impacts associated with construction demand due to the use of natural gas in and operation of the EP will be In response to this notice, any person transportation vehicles. Even in the reviewed by the FERC and the may file a protest, comments, or a High Demand Base Case, which assumes applicable state and federal permitting motion to intervene or notice of 7.2 Bcf/d of LNG exports in addition to agencies (e.g., United States Army Corps intervention, as applicable. Any person Southern LNG’s requested 0.5 Bcf/d and of Engineers, Georgia Department of wishing to become a party to the makes aggressive assumptions about Natural Resources, and Coast Guard, proceeding must file a motion to natural gas vehicle demand, the impact among others) as part of the permitting intervene or notice of intervention, as on domestic prices over the term of the process for the EP. Consistent with its applicable. The filing of comments or a requested authorization is minimal. practice regarding other applications, protest with respect to the Application Southern LNG states that Navigant DOE/FE will be a cooperating agency in will not serve to make the commenter or concludes that LNG exports will the FERC’s environmental review.3 protestant a party to the proceeding, actually encourage a more reliable and Southern LNG further states that it will although protests and comments stable domestic natural gas market with keep DOE/FE apprised of the progress of received from persons who are not less volatility, which will benefit all the environmental review conducted by parties will be considered in market participants. By providing an the FERC. determining the appropriate action to be additional outlet for supply, LNG taken on the Application. All protests, exports will help to level the peaks and DOE/FE Evaluation comments, motions to intervene or valleys historically common to the The Application will be reviewed notices of intervention must meet the natural gas industry. Southern LNG pursuant to section 3 of the NGA, as requirements specified by the states that in other words, LNG exports regulations in 10 CFR part 590. will reduce the price volatility that can 2 See, e.g., Sabine Pass Liquefaction, LLC, et al, Filings may be submitted using one of lead producers to curtail production and 139 FERC ¶ 61,039, at P 29 (2012). the following methods: (1) emailing the reduce investment when prices are 3 DOE/FE Order No. 2961–A, at 27. filing to [email protected] with FE
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Docket No. 12–100–LNG in the title Issued in Washington, DC, on October 11, Accession Number: 20121010–5067. line; (2) mailing an original and three 2012. Comments Due: 5 p.m. ET 10/31/12. paper copies of the filing to the Office John A. Anderson, Docket Numbers: ER13–61–000. Natural Gas Regulatory Activities at the Manager, Natural Gas Regulatory Activities, Applicants: High Prairie Wind Farm address listed in ADDRESSES. The filing Office of Oil and Gas Global Security and II, LLC. must include a reference to FE Docket Supply, Office of Fossil Energy. Description: First Revised MBR to be No. 12–100–LNG; or (3) hand delivering [FR Doc. 2012–25536 Filed 10–16–12; 8:45 am] effective 10/11/2012. an original and three paper copies of the BILLING CODE 6450–01–P Filed Date: 10/10/12. filing to the Office of Natural Gas Accession Number: 20121010–5068. Regulatory Activities at the address Comments Due: 5 p.m. ET 10/31/12. DEPARTMENT OF ENERGY listed in ADDRESSES. The filing must The filings are accessible in the include a reference to FE Docket No. Commission’s eLibrary system by 12–100–LNG. Federal Energy Regulatory Commission clicking on the links or querying the A decisional record on the docket number. Application will be developed through Combined Notice of Filings #2 Any person desiring to intervene or responses to this notice by parties, protest in any of the above proceedings including the parties’ written comments Take notice that the Commission must file in accordance with Rules 211 and replies thereto. Additional received the following electric rate and 214 of the Commission’s procedures will be used as necessary to filings: Regulations (18 CFR 385.211 and achieve a complete understanding of the Docket Numbers: ER12–1875–001. 385.214) on or before 5:00 p.m. Eastern facts and issues. A party seeking Applicants: AltaGas Renewable time on the specified comment date. intervention may request that additional Energy Colorado LLC. Protests may be considered, but procedures be provided, such as Description: Informational Filing intervention is necessary to become a additional written comments, an oral Regarding MBR Tariff Effective Date to party to the proceeding. presentation, a conference, or trial-type be effective N/A. eFiling is encouraged. More detailed hearing. Any request to file additional Filed Date: 10/10/12. information relating to filing written comments should explain why Accession Number: 20121010–5040. requirements, interventions, protests, they are necessary. Any request for an Comments Due: 5 p.m. ET 10/31/12. service, and qualifying facilities filings oral presentation should identify the Docket Numbers: ER12–2381–000. can be found at: http://www.ferc.gov/ substantial question of fact, law, or Applicants: MP2 Energy NE LLC. docs-filing/efiling/filing-req.pdf. For policy at issue, show that it is material Description: MP2 Energy NE LLC other information, call (866) 208–3676 and relevant to a decision in the submits response to September 11, 2012 (toll free). For TTY, call (202) 502–8659. proceeding, and demonstrate why an letter requesting additional information. Dated: October 10, 2012. oral presentation is needed. Any request Filed Date: 10/10/12. for a conference should demonstrate Nathaniel J. Davis, Sr., Accession Number: 20121010–5125. Deputy Secretary. why the conference would materially Comments Due: 5 p.m. ET 10/31/12. advance the proceeding. Any request for [FR Doc. 2012–25532 Filed 10–16–12; 8:45 am] Docket Numbers: ER13–57–000. a trial-type hearing must show that there BILLING CODE 6717–01–P Applicants: Dominion Energy New are factual issues genuinely in dispute England, LLC. that are relevant and material to a Description: Cancellation of MBR decision and that a trial-type hearing is DEPARTMENT OF ENERGY Tariff and Tariff ID to be effective 10/11/ necessary for a full and true disclosure 2012. Federal Energy Regulatory of the facts. Filed Date: 10/10/12. Commission If an additional procedure is Accession Number: 20121010–5060. scheduled, notice will be provided to all Comments Due: 5 p.m. ET 10/31/12. Combined Notice of Filings parties. If no party requests additional procedures, a final Opinion and Order Docket Numbers: ER13–58–000. Take notice that the Commission has may be issued based on the official Applicants: Rail Splitter Wind Farm, received the following Natural Gas record, including the Application and LLC. Pipeline Rate and Refund Report filings: Description: First Revised MBR to be responses filed by parties pursuant to Filings Instituting Proceedings this notice, in accordance with 10 CFR effective 10/11/2012. 590.316. Filed Date: 10/10/12. Docket Numbers: RP13–130–000. The Application filed by Oregon LNG Accession Number: 20121010–5065. Applicants: CenterPoint Energy Gas is available for inspection and copying Comments Due: 5 p.m. ET 10/31/12. Transmission Comp. in the Office of Natural Gas Regulatory Docket Numbers: ER13–59–000. Description: Annual Report of Total Activities docket room, Room 3E–042, Applicants: Pioneer Prairie Wind Penalty Revenue Credits of CenterPoint 1000 Independence Avenue SW., Farm I, LLC. Energy Gas Transmission Company, Washington, DC 20585. The docket Description: First Revised MBR to be LLC. room is open between the hours of 8:00 effective 10/11/2012. Filed Date: 10/4/12. a.m. and 4:30 p.m., Monday through Filed Date: 10/10/12. Accession Number: 20121004–5058. Friday, except Federal holidays. The Accession Number: 20121010–5066. Comments Due: 5 p.m. ET 10/16/12. Application and any filed protests, Comments Due: 5 p.m. ET 10/31/12. Docket Numbers: RP13–131–000. motions to intervene or notice of Docket Numbers: ER13–60–000. Applicants: CenterPoint Energy Gas interventions, and comments will also Applicants: Lost Lakes Wind Farm Transmission Comp. be available electronically by going to LLC. Description: Annual Report of Linked the following DOE/FE Web address: Description: First Revised MBR to be Firm Service Penalty Revenue Credits of http://www.fe.doe.gov/programs/ effective 10/11/2012. CenterPoint Energy Gas Transmission gasregulation/index.html. Filed Date: 10/10/12. Company, LLC.
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Filed Date: 10/4/12. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 10/30/12. Accession Number: 20121004–5059. Docket Numbers: ER12–1933–003. Comments Due: 5 p.m. ET 10/16/12. Federal Energy Regulatory Applicants: Interstate Power and Docket Numbers: RP13–132–000. Commission Light Company. Applicants: CenterPoint Energy— Description: IPL Market-Based Rate Combined Notice of Filings #1 Mississippi River T. Tariff—Second Revision to be effective Description: Penalty Revenue Take notice that the Commission 8/1/2012. Crediting Filing of CenterPoint Energy— received the following electric corporate Filed Date: 10/9/12. Mississippi River Transmission, LLC. filings: Accession Number: 20121009–5296. Filed Date: 10/4/12. Comments Due: 5 p.m. ET 10/30/12. Accession Number: 20121004–5061. Docket Numbers: EC13–8–000. Comments Due: 5 p.m. ET 10/16/12. Applicants: Pocahontas Prairie Wind, Docket Numbers: ER12–1934–002. LLC. Applicants: Wisconsin Power and Docket Numbers: RP13–148–000. Description: Application for Light Company. Applicants: Iroquois Gas Authorization for Disposition of Description: WPL Market-Based Rate Transmission System, L.P. Jurisdictional Facilities and Request for Tariff—Second Revision to be effective Description: 10/10/12 Negotiated 8/1/2012. Rates—Hess (RTS) to be effective 11/1/ Expedited Consideration of Pocahontas Prairie Wind, LLC. Filed Date: 10/9/12. 2012. Accession Number: 20121009–5302. Filed Date: 10/10/12. Filed Date: 10/9/12. Accession Number: 20121010–5130. Accession Number: 20121009–5391. Comments Due: 5 p.m. ET 10/30/12. Comments Due: 5 p.m. ET 10/22/12. Comments Due: 5 p.m. ET 10/30/12. Docket Numbers: ER13–52–000. Applicants: PJM Interconnection, Docket Numbers: RP13–149–000. Docket Numbers: EC13–9–000. Applicants: Iroquois Gas Applicants: Homer City Generation, L.L.C. Transmission System, L.P. L.P., Edison Mission Marketing & Description: Queue Position R33; Description: 10/10/12 Negotiated Trading, Inc., EME HOMER CITY Original Service Agreement No. 3395 to Rates—Tenaska (RTS) to be effective 11/ GENERATION LP. be effective 9/6/2012. 1/2012. Description: Joint Application of Filed Date: 10/9/12. Filed Date: 10/10/12. Homer City Generation, L.P., et al. for Accession Number: 20121009–5277. Accession Number: 20121010–5131. Authorization of Disposition of Comments Due: 5 p.m. ET 10/30/12. Comments Due: 5 p.m. ET 10/22/12. Facilities and Request for Expedited Docket Numbers: ER13–53–000. Docket Numbers: RP13–150–000. Consideration and Waivers. Applicants: PJM Interconnection, Applicants: Rendezvous Pipeline Filed Date: 10/9/12. L.L.C. Company, LLC. Accession Number: 20121009–5426. Description: Queue Position X3–029; Description: Rendezvous Pipeline Comments Due: 5 p.m. ET 10/30/12. Original Service Agreement Nos. 3400 Company, LLC submits Notification of Take notice that the Commission to be effective 9/6/2012. Change in Market Power Analysis and received the following exempt Filed Date: 10/9/12. Request for Renewed Approval of wholesale generator filings: Accession Number: 20121009–5327. Market Based Rates. Docket Numbers: EG13–3–000. Comments Due: 5 p.m. ET 10/30/12. Filed Date: 10/10/12. Applicants: GE Energy Financial Docket Numbers: ER13–54–000. Accession Number: 20121010–5193. Services. Applicants: Pacific Gas and Electric Comments Due: 5 p.m. ET 10/22/12. Description: Notice of Self- Company. Any person desiring to intervene or Certification as Exempt Wholesale Description: PWRPA 4th Amendment protest in any of the above proceedings Generator by Homer City Generation, to Appendix B to IA and WDT Service must file in accordance with Rules 211 L.P. Agreement to be effective 10/10/2012. and 214 of the Commission’s Filed Date: 10/9/12. Filed Date: 10/9/12. Regulations (18 CFR 385.211 and Accession Number: 20121009–5356. Accession Number: 20121009–5351. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 10/30/12. Comments Due: 5 p.m. ET 10/30/12. time on the specified comment date. Take notice that the Commission Docket Numbers: ER13–55–000. Protests may be considered, but received the following electric rate Applicants: Homer City Generation, intervention is necessary to become a filings: L.P. party to the proceeding. Docket Numbers: ER12–1868–001. Description: Homer City Generation, The filings are accessible in the Applicants: New York Independent L.P. Application for Market-Based Rate Commission’s eLibrary system by System Operator, Inc. Tariff to be effective 10/9/2012. clicking on the links or querying the Description: NYISO Compliance Filed Date: 10/9/12. docket number. Filing of TCC Tariff Revisions to Accession Number: 20121009–5358. eFiling is encouraged. More detailed Establish Effective Date to be effective Comments Due: 5 p.m. ET 10/30/12. information relating to filing 10/24/2012. Docket Numbers: ER13–56–000. requirements, interventions, protests, Filed Date: 10/9/12. Applicants: Westar Energy, Inc. and service can be found at: http:// Accession Number: 20121009–5345. Description: Missouri Joint Municipal www.ferc.gov/docs-filing/efiling/filing- Comments Due: 5 p.m. ET 10/30/12. Electric Utility Commission Tariff req.pdf. For other information, call (866) Docket Numbers: ER12–1932–002. Revision to be effective 12/10/2012. 208–3676 (toll free). For TTY, call (202) Filed Date: 10/9/12. 502–8659. Applicants: Franklin County Wind, LLC. Accession Number: 20121009–5364. Dated: October 11, 2012. Description: FCW Market-Based Rate Comments Due: 5 p.m. ET 10/30/12. Nathaniel J. Davis, Sr., Tariff—Second Revision to be effective The filings are accessible in the Deputy Secretary. 8/1/2012. Commission’s eLibrary system by [FR Doc. 2012–25530 Filed 10–16–12; 8:45 am] Filed Date: 10/9/12. clicking on the links or querying the BILLING CODE 6717–01–P Accession Number: 20121009–5294. docket number.
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Any person desiring to intervene or Protests may be considered, but DEPARTMENT OF ENERGY protest in any of the above proceedings intervention is necessary to become a must file in accordance with Rules 211 party to the proceeding. Federal Energy Regulatory and 214 of the Commission’s Commission Filings in Existing Proceedings Regulations (18 CFR 385.211 and [ Project No. 13768–001] 385.214) on or before 5:00 p.m. Eastern Docket Numbers: RP12–908–001. time on the specified comment date. Applicants: TC Offshore LLC. FFP Solia 6 Hydroelectric, LLC; Notice Protests may be considered, but of Intent To File License Application, intervention is necessary to become a Description: Compliance to RP12–908 Filing of Pre-Application Document, party to the proceeding. to be effective 11/1/2012. and Approving Use of the Traditional eFiling is encouraged. More detailed Filed Date: 10/9/12. Licensing Process information relating to filing Accession Number: 20121009–5225. requirements, interventions, protests, a. Type of Filing: Notice of Intent to service, and qualifying facilities filings Comments Due: 5 p.m. ET 10/22/12. File License Application and Request to Use the Traditional Licensing Process. can be found at: http://www.ferc.gov/ Any person desiring to protest in any docs-filing/efiling/filing-req.pdf. For b. Project No.: 13768–001. the above proceedings must file in c. Date Filed: August 17, 2012. other information, call (866) 208–3676 accordance with Rule 211 of the (toll free). For TTY, call (202) 502–8659. d. Submitted By: Free Flow Power Commission’s Regulations (18 CFR Corporation on behalf of its subsidiary Dated: October 10, 2012. 385.211) on or before 5:00 p.m. Eastern limited liability corporation, Solia 6 Nathaniel J. Davis, Sr., time on the specified comment date. Hydroelectric, LLC. Deputy Secretary. The filings are accessible in the e. Name of Project: Montgomery Lock [FR Doc. 2012–25531 Filed 10–16–12; 8:45 am] Commission’s eLibrary system by and Dam Hydroelectric Project. BILLING CODE 6717–01–P clicking on the links or querying the f. Location: At the existing U.S. Army docket number. Corp of Engineer’s Montgomery Lock eFiling is encouraged. More detailed and Dam on the Ohio River in Beaver DEPARTMENT OF ENERGY information relating to filing County, Pennsylvania. The project requirements, interventions, protests, would occupy United States lands Federal Energy Regulatory and service can be found at: http:// administered by the U.S. Army Corps of Commission www.ferc.gov/docs-filing/efiling/filing- Engineers. g. Filed Pursuant to: 18 CFR 5.3 of the Combined Notice of Filings req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) Commission’s regulations. Take notice that the Commission has 502–8659. h. Potential Applicant Contact: Ramya Swaminathan, Chief Operating Officer, received the following Natural Gas Dated: October 10, 2012. Pipeline Rate and Refund Report filings: Free Low Power, 239 Causeway Street, Nathaniel J. Davis, Sr., Boston, MA 02114–2130; (978) 283– Filings Instituting Proceedings Deputy Secretary. 2822; or email at rswaminathan@free- Docket Numbers: RP12–1093–000. [FR Doc. 2012–25533 Filed 10–16–12; 8:45 am] flow-power.com. Applicants: Northern Border Pipeline BILLING CODE 6717–01–P i. FERC Contact: Gaylord Hoisington Company. at (202) 502–6032 or email at Description: Petition of Northern [email protected]. Border Pipeline Company for Approval DEPARTMENT OF ENERGY j. Free Flow Power filed its request to of Settlement. use the Traditional Licensing Process on Federal Energy Regulatory Filed Date: 9/27/12. August 17, 2012. Free Flow Power Commission Accession Number: 20120927–5192. provided public notice of its request on Comments Due: 5 p.m. ET 10/15/12. August 13, 2012. In a letter dated Notice of Commissioners and Staff October 4, 2012, the Director of the Docket Numbers: RP12–1101–000. Attendance at FERC Author Speaker Division of Hydropower Licensing Applicants: Questar Overthrust Series Event approved Free Flow Power’s request to Pipeline Company. use the Traditional Licensing Process. Description: Request for Waiver of The Federal Energy Regulatory k. With this notice, we are initiating Questar Overthrust Pipeline Company. Commission (FERC or Commission) informal consultation with: (a) The U.S. Filed Date: 9/27/12. hereby gives notice that members of the Fish and Wildlife Service and NOAA Accession Number: 20120927–5209. Commission and/or Commission staff Fisheries under section 7 of the Comments Due: 5 p.m. ET 10/12/12. may attend the following event: Endangered Species Act and the joint Docket Numbers: RP13–147–000. Author Speaker Series featuring Daniel agency regulations thereunder at 50 Applicants: WestGas InterState, Inc. Yergin: 888 First Street NE., Washington, CFR, Part 402; (b) NOAA Fisheries Description: 20121009 Compliance DC 20426. October 30, 2012 (10:00 a.m.– under section 305 (b) of the Magnuson- Filing 587–V to be effective 12/1/2012. 12:00 p.m.) Stevens Fishery Conservation and Filed Date: 10/9/12. The event will feature Pulitzer Prize Management Act and implementing Accession Number: 20121009–5289. winning author, Daniel Yergin, regulations at 50 CFR 600.920; and the Comments Due: 5 p.m. ET 10/22/12. presenting on his most recent book, The (c) Pennsylvania State Historic Any person desiring to intervene or Quest. Preservation Officer, as required by protest in any of the above proceedings section 106, National Historic must file in accordance with Rules 211 Dated: October 11, 2012. Preservation Act, and the implementing and 214 of the Commission’s Kimberly D. Bose, regulations of the Advisory Council on Regulations (18 CFR 385.211 and Secretary. Historic Preservation at 36 CFR 800.2. 385.214) on or before 5:00 p.m. Eastern [FR Doc. 2012–25516 Filed 10–16–12; 8:45 am] l. With this notice, we are designating time on the specified comment date. BILLING CODE 6717–01–P Free Flow Power as the Commission’s
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non-federal representative for carrying 13757–001; and Emsworth Back link. Enter the docket number, out informal consultation, pursuant to Channel Hydroelectric Project, P– excluding the last three digits in the section 7 of the Endangered Species Act, 13761–001. docket number field to access the section 305 of the Magnuson-Stevens f. Location: At existing U.S. Army document. For assistance, contact FERC Fishery Conservation Act, and section Corps of Engineer’s Emsworth Lock and Online Support at 106 of the National Historic Dam and the Emsworth Back Channel [email protected] or toll Preservation Act. Lock and Dam, both located on the Ohio free at 1–866–208–3676, or for TTY, m. Free Flow Power filed a Pre- River in Allegheny County, (202) 502–8659. A copy is also available Application Document (PAD; including Pennsylvania. The projects would for inspection and reproduction at the a proposed process plan and schedule) occupy United States lands address in paragraph h. with the Commission, pursuant to 18 administered by the U.S. Army Corps of o. Register online at http:// CFR 5.6 of the Commission’s Engineers. www.ferc.gov/docs-filing/ regulations. g. Filed Pursuant to: 18 CFR 5.3 of the esubscription.asp to be notified via n. A copy of the PAD is available for Commission’s regulations. email of new filings and issuances review at the Commission in the Public h. Potential Applicant Contact: Ramya related to this or other pending projects. Reference Room or may be viewed on Swaminathan, Chief Operating Officer, For assistance, contact FERC Online the Commission’s Web site (http:// Free Flow Power, 239 Causeway Street, Support. www.ferc.gov), using the ‘‘eLibrary’’ Boston, MA 02114–2130; (978) 283– 2822; or email at rswaminathan@free- Dated: October 11, 2012. link. Enter the docket number, Kimberly D. Bose, excluding the last three digits in the flow-power.com. Secretary. docket number field to access the i. FERC Contact: Gaylord Hoisington document. For assistance, contact FERC at (202) 502–6032; or email at [FR Doc. 2012–25515 Filed 10–16–12; 8:45 am] Online Support at [email protected]. BILLING CODE 6717–01–P j. Free Flow Power filed its request to [email protected] or toll use the Traditional Licensing Process on free at 1–866–208–3676, or for TTY, August 17, 2012. Free Flow Power DEPARTMENT OF ENERGY (202) 502–8659. A copy is also available provided public notice of its request on for inspection and reproduction at the August 13, 2012. In a letter dated Federal Energy Regulatory address in paragraph h. October 4, 2012, the Director of the Commission o. Register online at http:// Division of Hydropower Licensing www.ferc.gov/docs-filing/ Notice of Meeting, Notice of Vote, approved Free Flow Power’s request to esubscription.asp to be notified via Explanation of Action Closing Meeting use the Traditional Licensing Process. email of new filings and issuances k. With this notice, we are initiating and List of Persons To Attend related to this or other pending projects. informal consultation with: (a) the U.S. The following notice of meeting is For assistance, contact FERC Online Fish and Wildlife Service and NOAA Support. published pursuant to Section 3(a) of Fisheries under section 7 of the the Government in the Sunshine Act Dated: October 11, 2012. Endangered Species Act and the joint (Pub. L. 94–409), 5 U.S.C. 552b: Kimberly D. Bose, agency regulations thereunder at 50 AGENCY HOLDING MEETING: Federal Secretary. CFR, Part 402; (b) NOAA Fisheries Energy Regulatory Commission. under section 305(b) of the Magnuson- [FR Doc. 2012–25514 Filed 10–16–12; 8:45 am] DATE AND TIME: October 18, 2012. BILLING CODE 6717–01–P Stevens Fishery Conservation and Note: The Closed meeting will begin Management Act and implementing at the conclusion of the Open meeting. regulations at 50 CFR 600.920; and (c) PLACE: Room 2C, Commission Meeting the Pennsylvania Historic Preservation DEPARTMENT OF ENERGY Room, 888 First Street NE., Washington, Officer, as required by section 106, DC 20426. Federal Energy Regulatory National Historic Preservation Act, and Commission the implementing regulations of the STATUS: Closed. Non-Public. Advisory Council on Historic MATTERS TO BE CONSIDERED: [Project No. 13757–001; Project No. 13761– Investigations and Inquiries, 001] Preservation at 36 CFR 800.2. l. With this notice, we are designating Enforcement Related Matters. FFP Missouri 5, LLC; FFP Missouri 6, Free Flow Power as the Commission’s CONTACT PERSON FOR MORE INFORMATION: LLC; Notice of Intent To File License non-federal representative for carrying Kimberly D. Bose, Secretary, Telephone Application, Filing of Pre-Application out informal consultation, pursuant to (202) 502–8400. Document, and Approving Use of the section 7 of the Endangered Species Act, Chairman Wellinghoff and Traditional Licensing Process section 305 of the Magnuson-Stevens Commissioners Moeller, Norris, Fishery Conservation and Management LaFleur, and Clark voted to hold a a. Type of Filing: Notice of Intent to Act, and section 106 of the National closed meeting on October 18, 2012. File License Application and Request to Historic Preservation Act. The certification of the General Counsel Use the Traditional Licensing Process. m. Free Flow Power filed a Pre- explaining the action closing the b. Project Nos.: P–13757–001, P– Application Document (PAD; including meeting is available for public 13761–001. a proposed process plan and schedule) inspection in the Commission’s Public c. Date Filed: August 17, 2012. with the Commission, pursuant to 18 Reference Room at 888 First Street NE., d. Submitted By: Free Flow Power CFR 5.6 of the Commission’s Washington, DC 20426. Corporation on behalf of its subsidiary regulations. The Chairman and the limited liability corporations (listed n. A copy of the PAD is available for Commissioners, their assistants, the above and collectively referred to below review at the Commission in the Public Commission’s Secretary, the General as ‘‘Free Flow Power’’). Reference Room or may be viewed on Counsel and members of his staff, and e. Name of Projects: Emsworth Lock the Commission’s Web site (http:// a stenographer are expected to attend and Dam Hydroelectric Project, P– www.ferc.gov), using the ‘‘eLibrary’’ the meeting. Other staff members from
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the Commission’s program offices who Commission’s Public Reference Room in deadline need not be served on persons will advise the Commissioners in the Washington, DC. There is an other than the Applicant. matters discussed will also be present. eSubscription link on the Web site that The Commission encourages Dated: Issued October 11, 2012. enables subscribers to receive email electronic submission of protests and Kimberly D. Bose, notification when a document is added interventions in lieu of paper, using the to a subscribed docket(s). For assistance FERC Online links at http:// Secretary. with any FERC Online service, please www.ferc.gov. To facilitate electronic [FR Doc. 2012–25491 Filed 10–16–12; 8:45 am] email [email protected] or service, persons with Internet access BILLING CODE 6717–01–P call (866) 208–3676 (toll free). For TTY, who will eFile a document and/or be call (202) 502–8659. listed as a contact for an intervenor must create and validate an DEPARTMENT OF ENERGY Comment Date: 5:00 p.m. Eastern time on Friday, November 9, 2012. eRegistration account using the Federal Energy Regulatory Dated: October 11, 2012. eRegistration link. Select the eFiling link to log on and submit the Commission Kimberly D. Bose, intervention or protests. [Docket No. OR13–2–000] Secretary. Persons unable to file electronically [FR Doc. 2012–25518 Filed 10–16–12; 8:45 am] should submit an original and 14 copies Sunoco Pipeline L.P.; Notice of BILLING CODE 6717–01–P of the intervention or protest to the Petition for Declaratory Order Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC Take notice that on October 9, 2012, DEPARTMENT OF ENERGY pursuant to Rule 207(a)(2) of the 20426. Commission’s Rules of Practices and Federal Energy Regulatory The filings in the above proceedings Procedure, 18 CFR 385.207(a)(2)(2012), Commission are accessible in the Commission’s Sunoco Pipeline L.P. (‘‘SPLP’’), filed a eLibrary system by clicking on the appropriate link in the above list. They petition seeking a declaratory order [Docket No. OR13–1–000] approving priority service, the overall are also available for review in the tariff and rate structure and service Tesoro High Plains Pipeline Company, Commission’s Public Reference Room in request allocation methodology for the LLC; Notice of Request for Temporary Washington, DC. There is an proposed Permian Express Phase I Waiver of Tariff Filing and Reporting eSubscription link on the Web site that Project (the ‘‘Project’’). Requirements enables subscribers to receive email Any person desiring to intervene or to notification when a document is added protest in this proceedings must file in On October 9, 2012 Tesoro High to a subscribed docket(s). For assistance accordance with Rules 211 and 214 of Plains Pipeline Company, LLC (THPP) with any FERC Online service, please the Commission’s Rules of Practice and filed a Request for a Temporary Waiver email [email protected] or Procedure (18 CFR 385.211 and of Tariff Filing and Reporting call (866) 208–3676 (toll free). For TTY, 385.214) on or before 5:00 p.m. Eastern Requirements. THPP requests that the call (202) 502–8659. time on the specified comment date. Commission grant a temporary waiver Comment Date: 5:00 p.m. Eastern time Protests will be considered by the from the tariff filing and reporting on Monday, October 22, 2012. Commission in determining the requirements of sections 6 and 20 of the Dated: October 11, 2012. appropriate action to be taken, but will Interstate Commerce Act for the sections Kimberly D. Bose, not serve to make protestants parties to of its pipeline connecting the Saddle Secretary. the proceeding. Anyone filing a motion Butte Pipeline, LLC and Arrow [FR Doc. 2012–25517 Filed 10–16–12; 8:45 am] to intervene or protest must serve a copy Midstream Holdings, LLC gathering BILLING CODE 6717–01–P of that document on the Petitioner. systems to the Johnson’s Corner The Commission encourages destination point on the THPP mainline. electronic submission of protests and The sections of pipeline for which the interventions in lieu of paper, using the temporary exemption is requested will ENVIRONMENTAL PROTECTION FERC Online links at http:// be owned by THPP, and all crude oil AGENCY www.ferc.gov. To facilitate electronic shipped on these portions of the THPP [Docket ID Number EPA–HQ–OECA–2012– service, persons with Internet access pipeline system will be owned entirely 0642, 0643, 0645, 0646, 0653–0660, 0662, who will eFile a document and/or be by THPP’s affiliates. 0664–0666, 0668, 0669, 0676–0681, 0685– listed as a contact for an intervenor Any person desiring to intervene or to 0688, 0690, 0691, 0693, 0695, 0697, 0699, must create and validate an protest in this proceedings must file in 0701–703 [FRL–9742–5]] eRegistration account using the accordance with Rules 211 and 214 of Agency Information Collection eRegistration link. Select the eFiling the Commission’s Rules of Practice and Activities: Request for Comments on link to log on and submit the Procedure (18 CFR 385.211 and Thirty-Seven Proposed Information intervention or protests. 385.214) on or before 5:00 p.m. Eastern Collection Requests (ICR) Persons unable to file electronically time on the specified comment date. should submit an original and 14 copies Protests will be considered by the AGENCY: Environmental Protection of the intervention or protest to the Commission in determining the Agency (EPA). Federal Energy Regulatory Commission, appropriate action to be taken, but will ACTION: Notice. 888 First St. NE., Washington, DC not serve to make protestants parties to 20426. the proceeding. Anyone filing a motion SUMMARY: In compliance with the The filings in the above proceedings to intervene or protest must serve a copy Paperwork Reduction Act (44 U.S.C. are accessible in the Commission’s of that document on the Applicant. In 3501 et seq.), this document announces eLibrary system by clicking on the reference to filings initiating a new that EPA is planning to submit the appropriate link in the above list. They proceeding, interventions or protests following thirty-seven existing, are also available for review in the submitted on or before the comment approved, continuing Information
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Collection Requests (ICR) to the Office Protection Agency, EPA Docket Center B. What information is EPA of Management and Budget (OMB) for (EPA/DC), Mail code: 2201T, 1200 particularly interested in? the purpose of renewing the ICR. Before Pennsylvania Avenue NW., Washington, Pursuant to section 3506(c)(2)(A) of submitting the ICRs to OMB for review DC 20460. the Paperwork Reduction Act (PRA), and approval, EPA is soliciting (e) Hand Delivery: Enforcement and EPA is soliciting comments and comments on specific aspects of the Compliance Docket and Information information to enable it to: information collections as described Center (ECDIC), Environmental (1) Evaluate whether the proposed under SUPPLEMENTARY INFORMATION. Protection Agency, EPA Docket Center collections of information are necessary DATES: Comments must be submitted on (EPA/DC), EPA West, Room 3334, 1301 for the proper performance of the or before December 17, 2012. Constitution Avenue NW., Washington, functions of the Agency, including ADDRESSES: Comments may be DC. The EPA Docket Center is open whether the information will have submitted electronically, by mail, or from 8:30 a.m. to 4:30 p.m., Monday practical utility. through hand delivery/courier service. (2) Evaluate the accuracy of the through Friday, excluding legal Follow the detailed instructions as Agency’s estimates of the burdens of the holidays. Deliveries are only accepted provided under SUPPLEMENTARY proposed collections of information. during the Docket Center’s normal hours INFORMATION, section A. (3) Enhance the quality, utility, and of operation, and special arrangements FOR FURTHER INFORMATION CONTACT: The clarity of the information to be contact individuals for each ICR are should be made for deliveries of boxed collected. information. listed under SUPPLEMENTARY (4) Minimize the burden of the INFORMATION, section II.C. Direct your comments to the specific collections of information on those who SUPPLEMENTARY INFORMATION: docket listed in SUPPLEMENTARY are to respond, including through the INFORMATION, section II.B, and reference use of appropriate automated or A. How can I access the docket and/or the OMB Control Number for the ICR. It electronic collection technologies, or submit comments? is EPA policy that all comments other forms of information technology, (1) Docket Access Instructions received will be included in the public e.g., permitting electronic submission of responses. EPA has established a public docket docket without change and may be for the ICRs listed in the SUPPLEMENTARY made available online at http:// C. What should I consider when I INFORMATION, section II.B. The docket is www.regulations.gov, including any prepare my comments for EPA? available for online viewing at http:// personal information provided, unless You may find the following www.regulations.gov, or in person the comment includes information suggestions helpful for preparing viewing at the Enforcement and claimed to be Confidential Business comments: Compliance Docket and Information Information (CBI) or other information (1) Explain your views as clearly as Center (ECDIC), in the EPA Docket whose disclosure is restricted by statute. possible and provide specific examples. Center (EPA/DC), EPA West, Room Do not submit information that you (2) Describe any assumptions that you 3334, 1301 Constitution Avenue NW., consider to be CBI or otherwise used. Washington, DC. The EPA/DC Public protected through www.regulations.gov (3) Provide copies of any technical Reading Room is open from 8 a.m. to or email. The http:// information and/or data you used that 4:30 p.m., Monday through Friday, www.regulations.gov Web site is an support your views. excluding legal holidays. The telephone ‘‘anonymous access’’ system, which (4) If you estimate potential burden or number for the Reading Room is (202) means EPA will not know your identity costs, explain how you arrived at the 566–1744, and the telephone number for or contact information unless you estimate that you provide. the Enforcement and Compliance provide it in the body of your comment. (5) Offer alternative ways to improve Docket and Information Center (ECDIC) If you send an email comment directly the collection activity. docket is (202) 566–1752. (6) Make sure to submit your Use http://www.regulations.gov to to EPA without going through www.regulations.gov, your email comments by the deadline identified obtain a copy of the draft collection of DATES. address will be automatically captured under information, submit or view public (7) To ensure proper receipt by EPA, and included as part of the comment comments, access the index listing of be sure to identify the docket ID number the contents of the docket, and to access that is placed in the public docket and assigned to this action in the subject those documents in the public docket made available on the Internet. If you line on the first page of your response. that are available electronically. When submit an electronic comment, EPA You may also provide the name, date, in the system, select ‘‘search,’’ then key recommends that you include your and Federal Register citation. in the docket ID number identified in name and other contact information in this document. the body of your comment and with any II. ICRs To Be Renewed disk or CD–ROM you submit. If EPA (2) Instructions for Submitting A. For All ICRs cannot read your comment due to Comments The Agency computed the burden for technical difficulties and cannot contact each of the recordkeeping and reporting Submit your comments by one of the you for clarification, EPA may not be following methods: requirements applicable to the industry able to consider your comment. for the currently approved ICRs listed in (a) Electronic Submission: Access Electronic files should avoid the use of http://www.regulations.gov and follow this notice. Where applicable, the special characters, any form of the on-line instructions for submitting Agency identified specific tasks and encryption, and be free of any defects or comments. made assumptions, while being (b) Email: [email protected]. viruses. For additional information consistent with the concept of the PRA. (c) Fax: (202) 566–1511. about the EPA public docket, visit the Burden means the total time, effort, or (d) Mail: Enforcement and EPA Docket Center homepage at financial resources expended by persons Compliance Docket and Information http://www.epa.gov/epahome/ to generate, maintain, retain, or disclose Center (ECDIC), Environmental dockets.htm. or provide information to or for a
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Federal agency. This includes the time ICR Numbers: EPA ICR Number Title: NESHAP for Area Sources: needed to review instructions to; 1415.10, OMB Control Number 2060– Polyvinyl Chloride and Copolymer develop, acquire, install, and utilize 0234. Production, Primary Copper Smelting, technology and systems for the purposes ICR Status: This ICR is scheduled to Secondary Copper Smelting, and of collecting, validating, and verifying expire on March 31, 2013. Primary Nonferrous Metals-Zinc, information, processing and (2) Docket ID Number: EPA–HQ– Cadmium, and Beryllium. maintaining information, and disclosing OECA–2012–0680. ICR Numbers: EPA ICR Number and providing information; adjust the Title: Emission Guidelines and 2240.04, OMB Control Number 2060– existing ways to comply with any Compliance Times for Municipal Solid 0596. previously applicable instructions and Waste Landfills (40 CFR Part 60, ICR Status: This ICR is scheduled to requirements which have subsequently Subpart Cc and 40 CFR Part 62, Subpart expire on May 31, 2013. changed; train personnel to be able to GGG). (9) Docket ID Number: EPA–HQ– respond to a collection of information; ICR Numbers: EPA ICR Number OECA–2012–0691. search data sources; complete and 1893.06, OMB Control Number 2060– Title: NESHAP for Mercury Cell review the collection of information; 0430. Chlor-Alkali Plants (40 CFR Part 63, and transmit or otherwise disclose the ICR Status: This ICR is scheduled to Subpart IIIII). information. expire on March 31, 2013. ICR Numbers: EPA ICR Number (3) Docket ID Number: EPA–HQ– 2046.07, OMB Control Number 2060– The listed ICRs address Clean Air Act OECA–2012–0693. 0542. information collection requirements in Title: NESHAP for Taconite Iron Ore ICR Status: This ICR is scheduled to standards (i.e., regulations) which have Processing (40 CFR Part 63, Subpart expire on May 31, 2013. mandatory recordkeeping and reporting RRRRR). (10) Docket ID Number: EPA–HQ– requirements. Records collected under ICR Numbers: EPA ICR Number OECA–2012–0699. the New Source Performance Standards 2050.05, OMB Control Number 2060– Title: NESHAP for Primary (NSPS) must be retained by the owner 0538. Magnesium Refining (40 CFR Part 63, or operator for at least two years and the ICR Status: This ICR is scheduled to Subpart TTTTT). records collected under the National expire on March 31, 2013. ICR Numbers: EPA ICR Number Emission Standards for Hazardous Air (4) Docket ID Number: EPA–HQ– 2098.06, OMB Control Number 2060– Pollutants (NESHAP) must be retained OECA–2012–0653. 0536. by the owner or operator for at least five Title: NSPS for Steel Plants: Electric ICR Status: This ICR is scheduled to years. In general, the required Arc Furnaces and Argon Oxygen expire on June 30, 2013. collections consist of emissions data Decarbonization Vessels (40 CFR Part (11) Docket ID Number: EPA–HQ– and other information deemed not to be 60, Subparts AA and AAa). OECA–2012–0666. private. ICR Numbers: EPA ICR Number Title: NESHAP for the Printing and In the absence of such information 1060.16, OMB Control Number 2060– Publishing Industry (40 CFR Part 63, collection requirements, enforcement 0038. Subpart KK). personnel would be unable to determine ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number whether the standards are being met on expire on March 31, 2013. 1739.07, OMB Control Number 2060– a continuous basis as required by the (5) Docket ID Number: EPA–HQ– 0335. Clean Air Act. OECA–2012–0703. ICR Status: This ICR is scheduled to Title: NESHAP for Prepared Feeds expire on June 30, 2013. An Agency may not conduct or Manufacturing (40 CFR Part 63, Subpart (12) Docket ID Number: EPA–HQ– sponsor, and a person is not required to DDDDDDD). OECA–2012–0643. respond to, a collection of information, ICR Numbers: EPA ICR Number Title: NSPS for Pressure Sensitive unless the Agency displays a currently 2354.03, OMB Control Number 2060– Tape and Label Surface Coating (40 CFR valid OMB control number. The OMB 0635. Part 60, Subpart RR). control numbers for the EPA regulations ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number under Title 40 of the Code of Federal expire on March 31, 2013. 0658.11, OMB Control Number 2060– Regulations are published in the (6) Docket ID Number: EPA–HQ– 0004. Federal Register, or on the related OECA–2012–0642. ICR Status: This ICR is scheduled to collection instrument or form. The Title: NESHAP for Chemical expire on June 30, 2013. display of OMB control numbers for Preparations Industry (40 CFR Part 63, (13) Docket ID Number: EPA–HQ– certain EPA regulations is consolidated Subpart BBBBBBB). OECA–2012–0669. at 40 CFR part 9. ICR Numbers: EPA ICR Number Title: NESHAP for Oil and Natural 2356.03, OMB Control Number 2060– Gas Production (40 CFR Part 63, Subpart B. What information collection activity 0636. HH). or ICR does this apply to? ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number In compliance with the Paperwork expire on March 31, 2013. 1788.10, OMB Control Number 2060– Reduction Act (44 U.S.C. 3501 et seq.), (7) Docket ID Number: EPA–HQ– 0417. this notice announces that EPA is OECA–2012–0655. ICR Status: This ICR is scheduled to planning to submit the following thirty- Title: NSPS for Ammonium Sulfate expire on June 30, 2013. seven Information Collection Requests Manufacturing Plants (40 CFR Part 60, (14) Docket ID Number: EPA–HQ– (ICR) to the Office of Management and Subpart PP). OECA–2012–0695. ICR Numbers: EPA ICR Number Title: NESHAP for Site Remediation Budget (OMB): 1066.07, OMB Control Number 2060– (40 CFR Part 63, Subpart GGGGG). (1) Docket ID Number: EPA–HQ– 0032. ICR Numbers: EPA ICR Number OECA–2012–0659. ICR Status: This ICR is scheduled to 2062.05, OMB Control Number 2060– Title: NESHAP for Perchloroethylene expire on April 30, 2013. 0534. Dry Cleaning Facilities (40 CFR Part 63, (8) Docket ID Number: EPA–HQ– ICR Status: This ICR is scheduled to Subpart M). OECA–2012–0702. expire on June 30, 2013.
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(15) Docket ID Number: EPA–HQ– ICR Numbers: EPA ICR Number Title: NESHAP for Magnetic Tape OECA–2012–0688. 1064.17, OMB Control Number 2060– Manufacturing Operations (40 CFR Part Title: NESHAP for Plastic Parts and 0034. 63, Subpart EE). Products Surface Coating (40 CFR Part ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number 63, Subpart PPPP). expire on June 30, 2013. 1678.08, OMB Control Number 2060– ICR Numbers: EPA ICR Number (22) Docket ID Number: EPA–HQ– 0326. 2044.05, OMB Control Number 2060– OECA–2012–0656. ICR Status: This ICR is scheduled to 0537. Title: NSPS for Lead-Acid Battery expire on June 30, 2013. ICR Status: This ICR is scheduled to Manufacturing (40 CFR Part 60, Subpart (29) Docket ID Number: EPA–HQ– expire on June 30, 2013. KK). OECA–2012–0678. (16) Docket ID Number: EPA–HQ– ICR Numbers: EPA ICR Number Title: NESHAP for Mineral Wool OECA–2012–0658. 1072.10, OMB Control Number 2060– Production (40 CFR Part 63, Subpart Title: NSPS/NESHAP for Wool 0081. DDD). Fiberglass Insulation Manufacturing ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number Plants (40 CFR Part 60, Subpart PPP and expire on June 30, 2013. 1799.07, OMB Control Number 2060– (23) Docket ID Number: EPA–HQ– 40 CFR Part 63, Subpart NNN). 0362. OECA–2012–0701. ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number Title: NESHAP for Miscellaneous expire on June 30, 2013. 1160.11, OMB Control Number 2060– Coating Manufacturing (40 CFR Part 63, (30) Docket ID Number: EPA–HQ– 0114. Subpart HHHHH). OECA–2012–0664. ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number Title: NESHAP for Commercial expire on June 30, 2013. 2115.04, OMB Control Number 2060– Ethylene Oxide Sterilization and (17) Docket ID Number: EPA–HQ– 0535. Fumigation Operations (40 CFR Part 63, OECA–2012–0657. ICR Status: This ICR is scheduled to Subpart O). Title: NSPS for Flexible Vinyl and expire on June 30, 2013. ICR Numbers: EPA ICR Number Urethane Coating and Printing (40 CFR (24) Docket ID Number: EPA–HQ– 1666.09, OMB Control Number 2060– Part 60, Subpart FFF). OECA–2012–0676. 0283. ICR Numbers: EPA ICR Number Title: NESHAP for Phosphoric Acid ICR Status: This ICR is scheduled to 1157.10, OMB Control Number 2060– Manufacturing and Phosphate expire on June 30, 2013. 0073. Fertilizers Production (40 CFR Part 63, (31) Docket ID Number: EPA–HQ– ICR Status: This ICR is scheduled to Subparts AA and BB). OECA–2012–0646. expire on June 30, 2013. ICR Numbers: EPA ICR Number Title: NSPS for Incinerators (40 CFR (18) Docket ID Number: EPA–HQ– 1790.06, OMB Control Number 2060– Part 60, Subpart E). OECA–2012–0677. 0361. ICR Numbers: EPA ICR Number Title: NSPS for Storage Vessels for ICR Status: This ICR is scheduled to 1058.11, OMB Control Number 2060– Petroleum Liquids for which expire on June 30, 2013. 0040. Construction, Reconstruction or (25) Docket ID Number: EPA–HQ– ICR Status: This ICR is scheduled to Modification Commenced after June 11, OECA–2012–0668. expire on August 31, 2013. 1973, and prior to May 19, 1978 (40 CFR Title: NESHAP for Flexible (32) Docket ID Number: EPA–HQ– Part 60, Subpart K). Polyurethane Foam Product (40 CFR OECA–2012–0697. ICR Numbers: EPA ICR Number Part 63, Subpart III) Title: NESHAP for Iron and Steel 1797.06, OMB Control Number 2060– ICR Numbers: EPA ICR Number Foundries (40 CFR Part 63, Subpart 0442. 1783.06, OMB Control Number 2060– EEEEE). ICR Status: This ICR is scheduled to 0357 ICR Numbers: EPA ICR Number expire on June 30, 2013. ICR Status: This ICR is scheduled to 2096.05, OMB Control Number 2060– (19) Docket ID Number: EPA–HQ– expire on June 30, 2013. 0543. OECA–2012–0681. (26) Docket ID Number: EPA–HQ– ICR Status: This ICR is scheduled to expire on September 30, 2013. Title: NSPS for Commercial and OECA–2012–0685. Title: Emission Guidelines for (33) Docket ID Number: EPA–HQ– Industrial Solid Waste Incineration Existing Commerce and Industrial Solid OECA–2012–0686. Units (40 CFR Part 60, Subpart CCCC). Waste Incineration Units (40 CFR Part Title: NESHAP for Organic Liquids ICR Numbers: EPA ICR Number 60, Subpart DDDD). Distribution (Non-Gasoline) Facilities 1926.06, OMB Control Number 2060– ICR Numbers: EPA ICR Number (40 CFR Part 63, Subpart EEEE). 0450. 1927.06, OMB Control Number 2060– ICR Numbers: EPA ICR Number ICR Status: This ICR is scheduled to 0451. 1963.05, OMB Control Number 2060– expire on June 30, 2013. ICR Status: This ICR is scheduled to 0539. (20) Docket ID Number: EPA–HQ– expire on June 30, 2013. ICR Status: This ICR is scheduled to OECA–2012–0645. (27) Docket ID Number: EPA–HQ– expire on September 30, 2013. Title: NSPS for Nitric Acid Plants (40 OECA–2012–0660. (34) Docket ID Number: EPA–HQ– CFR Part 60, Subpart G). Title: NESHAP for Halogenated OECA–2012–0662. ICR Numbers: EPA ICR Number Solvent Cleaners/Halogenated Title: NESHAP for Gasoline 1056.11, OMB Control Number 2060– Hazardous Air Pollutants (40 CFR Part Distribution Facilities (40 CFR Part 63, 0019. 63, Subpart T). Subpart R). ICR Status: This ICR is scheduled to ICR Numbers: EPA ICR Number ICR Numbers: EPA ICR Number expire on June 30, 2013. 1652.08, OMB Control Number 2060– 1659.08, OMB Control Number 2060– (21) Docket ID Number: EPA–HQ– 0273. 0325. OECA–2012–0654. ICR Status: This ICR is scheduled to ICR Status: This ICR is scheduled to Title: NSPS for Automobile and Light expire on June 30, 2013. expire on September 30, 2013. Duty Truck Surface Coating Operations (28) Docket ID Number: EPA–HQ– (35) Docket ID Number: EPA–HQ– (40 CFR Part 60, Subpart MM). OECA–2012–0665. OECA–2012–0687.
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Title: NESHAP for Stationary DDDDDDD); Learia Williams of the HH); Learia Williams of the Office of Combustion Turbines (40 CFR Part 63, Office of Compliance (202) 564–4113 or Compliance (202) 564–4113 or via Email Subpart YYYY). via Email to: [email protected]; to: [email protected]; EPA ICR ICR Numbers: EPA ICR Number EPA ICR Number 2354.03, OMB Control Number 1788.10, OMB Control Number 1967.05, OMB Control Number 2060– Number 2060–0635; expiration date 2060–0417; expiration date June 30, 0540. March 31, 2013. 2013. ICR Status: This ICR is scheduled to (6) NESHAP for Chemical (14) NESHAP for Site Remediation (40 expire on September 30, 2013. Preparations Industry (40 CFR Part 63, CFR Part 63, Subpart GGGGG); Learia (36) Docket ID Number: EPA–HQ– Subpart BBBBBBB); Learia Williams of Williams of the Office of Compliance OECA–2012–0690. the Office of Compliance (202) 564– (202) 564–4113 or via Email to: Title: NESHAP for Automobile and 4113 or via Email to: [email protected]; EPA ICR Light-duty Truck Surface Coating (40 [email protected]; EPA ICR Number 2062.05, OMB Control Number CFR Part 63, Subpart IIII). Number 2356.03, OMB Control Number 2060–0534; expiration date June 30, ICR Numbers: EPA ICR Number 2060–0636; expiration date March 31, 2013. 2045.05, OMB Control Number 2060– 2013. (15) NESHAP for Plastic Parts and 0550. (7) NSPS for Ammonium Sulfate Products Surface Coating (40 CFR Part ICR Status: This ICR is scheduled to Manufacturing Plants (40 CFR Part 60, 63, Subpart PPPP); Learia Williams of expire on September 30, 2013. Subpart PP); Learia Williams of the the Office of Compliance (202) 564– (37) Docket ID Number: EPA–HQ– Office of Compliance (202) 564–4113 or 4113 or via Email to: OECA–2012–0679. via Email to: [email protected]; [email protected]; EPA ICR Title: NESHAP for Petroleum EPA ICR Number 1066.07, OMB Control Number 2044.05, OMB Control Number Refineries: Catalytic Cracking Units, Number 2060–0032; expiration date 2060–0537; expiration date June 30, Reforming and Sulfur Units (40 CFR April 30, 2013. 2013. Part 63, Subpart UUU). (8) NESHAP for Area Sources: (16) NSPS/NESHAP for Wool ICR Numbers: EPA ICR Number Polyvinyl Chloride and Copolymer Fiberglass Insulation Manufacturing 1844.05, OMB Control Number 2060– Production, Primary Copper Smelting, Plants (40 CFR Part 60, Subpart PPP and 0554. Secondary Copper Smelting, and 40 CFR Part 63, Subpart NNN); Learia ICR Status: This ICR is scheduled to Primary Nonferrous Metals—Zinc, Williams of the Office of Compliance expire on September 30, 2013. Cadmium, and Beryllium; Learia (202) 564–4113 or via Email to: [email protected]; EPA ICR C. Contact Individuals for ICRs Williams of the Office of Compliance (202) 564–4113 or via Email to: Number 1160.11, OMB Control Number (1) NESHAP for Perchloroethylene [email protected]; EPA ICR 2060–0114; expiration date June 30, Dry Cleaning Facilities (40 CFR Part 63, Number 2240.04, OMB Control Number 2013. Subpart M); Learia Williams of the 2060–0596; expiration date May 31, (17) NSPS for Flexible Vinyl and Office of Compliance (202) 564–4113 or 2013. Urethane Coating and Printing (40 CFR via Email to: [email protected]; (9) NESHAP for Mercury Cell Chlor- Part 60, Subpart FFF); Learia Williams EPA ICR Number 1415.10, OMB Control Alkali Plants (40 CFR Part 63, Subpart of the Office of Compliance (202) 564– Number 2060–0234; expiration date IIIII); Learia Williams of the Office of 4113 or via Email to: March 31, 2013. Compliance (202) 564–4113 or via Email [email protected]; EPA ICR (2) Emission Guidelines and to: [email protected]; EPA ICR Number 1157.10, OMB Control Number Compliance Times for Municipal Solid Number 2046.07, OMB Control Number 2060–0073; expiration date June 30, Waste Landfills (40 CFR Part 60, 2060–0542; expiration date May 31, 2013. Subpart Cc and 40 CFR Part 62, Subpart 2013. (18) NSPS for Storage Vessels for GGG); Learia Williams of the Office of (10) NESHAP for Primary Magnesium Petroleum Liquids for which Compliance (202) 564–4113 or via Email Refining (40 CFR Part 63, Subpart Construction, Reconstruction or to: [email protected]; EPA ICR TTTTT); Learia Williams of the Office of Modification Commenced after June 11, Number 1893.06, OMB Control Number Compliance (202) 564–4113 or via Email 1973, and prior to May 19, 1978 (40 CFR 2060–0430; expiration date March 31, to: [email protected]; EPA ICR Part 60, Subpart K); Learia Williams of 2013. Number 2098.06, OMB Control Number the Office of Compliance (202) 564– (3) NESHAP for Taconite Iron Ore 2060–0536; expiration date June 30, 4113 or via Email to: Processing (40 CFR Part 63, Subpart 2013. [email protected]; EPA ICR RRRRR); Learia Williams of the Office of (11) NESHAP for the Printing and Number 1797.06, OMB Control Number Compliance (202) 564–4113 or via Email Publishing Industry (40 CFR Part 63, 2060–0442; expiration date June 30, to: [email protected]; EPA ICR Subpart KK); Learia Williams of the 2013. Number 2050.05, OMB Control Number Office of Compliance (202) 564–4113 or (19) NSPS for Commercial and 2060–0538; expiration date March 31, via Email to: [email protected]; Industrial Solid Waste Incineration 2013. EPA ICR Number 1739.07, OMB Control Units (40 CFR Part 60, Subpart CCCC); (4) NSPS for Steel Plants: Electric Arc Number 2060–0335; expiration date Learia Williams of the Office of Furnaces and Argon Oxygen June 30, 2013. Compliance (202) 564–4113 or via Email Decarbonization Vessels (40 CFR Part (12) NSPS for Pressure Sensitive Tape to: [email protected]; EPA ICR 60, Subparts AA and AAa); Learia and Label Surface Coating (40 CFR Part Number 1926.06, OMB Control Number Williams of the Office of Compliance 60, Subpart RR); Learia Williams of the 2060–0450; expiration date June 30, (202) 564–4113 or via Email to: Office of Compliance (202) 564–4113 or 2013. [email protected]; EPA ICR via Email to: [email protected]; (20) NSPS for Nitric Acid Plants (40 Number 1060.16, OMB Control Number EPA ICR Number 0658.11, OMB Control CFR Part 60, Subpart G); Learia 2060–0038; expiration date March 31, Number 2060–0004; expiration date Williams of the Office of Compliance 2013. June 30, 2013. (202) 564–4113 or via Email to: (5) NESHAP for Prepared Feeds (13) NESHAP for Oil and Natural Gas [email protected]; EPA ICR Manufacturing (40 CFR Part 63, Subpart Production (40 CFR Part 63, Subpart Number 1056.11, OMB Control Number
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2060–0019; expiration date June 30, via Email to: [email protected]; 2060–0550; expiration date September 2013. EPA ICR Number 1678.08, OMB Control 30, 2013. (21) NSPS for Automobile and Light Number 2060–0326; expiration date (37) NESHAP for Petroleum Duty Truck Surface Coating Operations June 30, 2013. Refineries, Catalytic Cracking, (40 CFR Part 60, Subpart MM); Learia (29) NESHAP for Mineral Wool Reforming and Sulfur Units (40 CFR Williams of the Office of Compliance Production (40 CFR Part 63, Subpart Part 63, Subpart UUU); Learia Williams (202) 564–4113 or via Email to: DDD); Learia Williams of the Office of of the Office of Compliance (202) 564– [email protected]; EPA ICR Compliance (202) 564–4113 or via Email 4113 or via Email to: Number 1064.17, OMB Control Number to: [email protected]; EPA ICR [email protected]; EPA ICR 2060–0034; expiration date June 30, Number 1799.07, OMB Control Number Number 1844.05, OMB Control Number 2013. 2060–0362; expiration date June 30, 2060–0554; expiration date September (22) NSPS for Lead-Acid Battery 2013. 30, 2013. Manufacturing (40 CFR Part 60, Subpart (30) NESHAP for Commercial KK); Learia Williams of the Office of Ethylene Oxide Sterilization and D. Information for Individual ICRs Compliance (202) 564–4113 or via Email Fumigation Operations (40 CFR Part 63, (1) NESHAP for Perchloroethylene to: [email protected]; EPA ICR Subpart O); Learia Williams of the Dry Cleaning Facilities (40 CFR Part 63, Number 1072.10, OMB Control Number Office of Compliance (202) 564–4113 or Subpart M); Docket ID Number: EPA– 2060–0081; expiration date June 30, via Email to: [email protected]; HQ–OECA–2012–0659, EPA ICR 2013. EPA ICR Number 1666.09, OMB Control Number 1415.10; OMB Control Number (23) NESHAP for Miscellaneous Number 2060–0283; expiration date 2060–0234; expiration date March 31, Coating Manufacturing (40 CFR Part 63, June 30, 2013. 2013. Subpart HHHHH); Learia Williams of (31) NSPS for Incinerators (40 CFR Affected Entities: Entities potentially the Office of Compliance (202) 564– Part 60, Subpart E); Learia Williams of affected by this action are the owners or 4113 or via Email to: the Office of Compliance (202) 564– operators of perchloroethylene dry [email protected]; EPA ICR 4113 or via Email to: cleaning facilities. Number 2115.04, OMB Control Number [email protected]; EPA ICR Abstract: The affected entities are 2060–0535; expiration date June 30, Number 1058.11, OMB Control Number subject to the General Provisions of the 2013. 2060–0040; expiration date August 31, NESHAP at 40 CFR part 63, subpart A, (24) NESHAP for Phosphoric Acid 2013. and any changes, or additions to the Manufacturing and Phosphate (32) NESHAP for Iron and Steel General Provisions specified at 40 CFR Fertilizers Production (40 CFR Part 63, Foundries (40 CFR Part 63, subpart part 63, subpart M. Subparts AA and BB); Learia Williams EEEEE); Learia Williams of the Office of Owners or operators of the affected of the Office of Compliance (202) 564– Compliance (202) 564–4113 or via Email facilities must submit initial 4113 or via Email to: to: [email protected]; EPA ICR notification, performance tests, and [email protected]; EPA ICR Number 2096.05, OMB Control Number periodic reports and results. Owners or Number 1790.06, OMB Control Number 2060–0538; expiration date September operators are also required to maintain 2060–0361; expiration date June 30, 30, 2013. records of the occurrence and duration 2013. (33) NESHAP for Organic Liquids of any startup, shutdown, or (25) NESHAP for Flexible Distribution (Non-Gasoline) Facilities malfunction in the operation of an Polyurethane Foam Product (40 CFR (40 CFR Part 63, Subpart EEEE); Learia affected facility, or any period during Part 63, Subpart III); Learia Williams of Williams of the Office of Compliance which the monitoring system is the Office of Compliance (202) 564– (202) 564–4113 or via Email to: inoperative. Reports, at a minimum, are 4113 or via Email to: [email protected]; EPA ICR required semiannually. [email protected]; EPA ICR Number 1963.05, OMB Control Number Burden Statement: The annual public Number 1783.06, OMB Control Number 2060–0539; expiration date September reporting and recordkeeping burden for 2060–0357; expiration date June 30, 30, 2013. this collection of information is 2013. (34) NESHAP for Gasoline estimated to average 50 hours per (26) Emission Guidelines for Existing Distribution Facilities (40 CFR Part 63, response. Commerce and Industrial Solid Waste Subpart R); Learia Williams of the Office Respondents/Affected Entities: Incineration Units (40 CFR Part 60, of Compliance (202) 564–4113 or via Owners or operator of Subpart DDDD); Learia Williams of the Email to: [email protected]; EPA perchloroethylene dry cleaning Office of Compliance (202) 564–4113 or ICR Number 1659.08, OMB Control facilities. via Email to: [email protected]; Number 2060–0325; expiration date Estimated Number of Respondents: EPA ICR Number 1927.06, OMB Control September 30, 2013. 28,012. Number 2060–0451; expiration date (35) NESHAP for Stationary Frequency of Response: Initially, June 30, 2013. Combustion Turbines (40 CFR Part 63, occasionally, and semiannually. (27) NESHAP for Halogenated Solvent Subpart YYYY); Learia Williams of the Estimated Total Annual Hour Burden: Cleaners/Halogenated Hazardous Air Office of Compliance (202) 564–4113 or 1,531,851. Pollutants (40 CFR Part 63, Subpart T); via Email to: [email protected]; Estimated Total Annual Cost: Learia Williams of the Office of EPA ICR Number 1967.05, OMB Control $150,708,638, which includes Compliance (202) 564–4113 or via Email Number 2060–0540; expiration date $149,772,225 in labor costs, $582,500 in to: [email protected]; EPA ICR September 30, 2013. capital/startup costs, and $353,913 in Number 1652.08, OMB Control Number (36) NESHAP for Automobile and operating and maintenance costs. 2060–0273; expiration date June 30, Light-duty Truck Surface Coating (40 (2) Emission Guidelines and 2013. CFR Part 63, Subpart IIII); Learia Compliance Times for Municipal Solid (28) NESHAP for Magnetic Tape Williams of the Office of Compliance Waste Landfills (40 CFR Part 60, Manufacturing Operations (40 CFR Part (202) 564–4113 or via Email to: Subpart Cc and 40 CFR Part 62, Subpart 63, Subpart EE); Learia Williams of the [email protected]; EPA ICR GGG); Docket ID Number: EPA–HQ– Office of Compliance (202) 564–4113 or Number 2045.05, OMB Control Number OECA–2012–0680; EPA ICR Number
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1893.06; OMB Control Number 2060– which the monitoring system is (5) NESHAP for Prepared Feeds 0430; expiration date March 31, 2013. inoperative. Reports, at a minimum, are Manufacturing (40 CFR Part 63, Subpart Affected Entities: Entities potentially required semiannually. DDDDDDD); Docket ID Number: EPA– affected by this action are the owners or Burden Statement: The annual public HQ–OECA–2012–0703; EPA ICR operators of municipal solid waste reporting and recordkeeping burden for Number 2354.03; OMB Control Number landfills. this collection of information is 2060–0635; expiration date March 31, Abstract: The affected entities are estimated to average 22 hours per 2013. subject to the General Provisions of the response. Affected Entities: Entities potentially Emission Guidelines at 40 CFR part 60, Respondents/Affected Entities: affected by this action are the owners or subpart A, and any changes, or Owners or operator of taconite iron ore operators of prepared feed additions to the General Provisions processing plants. manufacturing facilities. specified at 40 CFR part 60, subpart Cc Estimated Number of Respondents: 8. Abstract: The affected entities are and part 62, Subpart GGG. Frequency of Response: Occasionally. subject to the General Provisions of the Owners or operators of the affected Estimated Total Annual Hour Burden: NESHAP at 40 CFR part 63, subpart A, facilities must submit initial 651. and any changes, or additions to the notification, performance tests, and Estimated Total Annual Cost: General Provisions specified at 40 CFR periodic reports and results. Owners or $1,012,546, which includes $754,946 in part 63, subpart DDDDDDD. operators are also required to maintain labor costs, no capital/startup costs, and Owners or operators of the affected records of the occurrence and duration $257,600 in operating and maintenance facilities must submit initial of any startup, shutdown, or costs. notification, performance tests, and (4) NSPS for Steel Plants: Electric Arc malfunction in the operation of an periodic reports and results. Owners or Furnaces and Argon Oxygen affected facility, or any period during operators are also required to maintain Decarbonization Vessels (40 CFR Part which the monitoring system is records of the occurrence and duration 60, Subparts AA and AAa); Docket ID inoperative. Reports, at a minimum, are of any startup, shutdown, or Number: EPA–HQ–OECA–2012–0653; required monthly. malfunction in the operation of an EPA ICR Number 1060.16; OMB Control Burden Statement: The annual public affected facility, or any period during Number 2060–0038; expiration date reporting and recordkeeping burden for March 31, 2013. which the monitoring system is this collection of information is Affected Entities: Entities potentially inoperative. Reports, at a minimum, are estimated to average 15 hours per affected by this action are the owners or required annually. response. operators of electric arc furnaces and Burden Statement: The annual public Respondents/Affected Entities: argon oxygen decarbonization vessels. reporting and recordkeeping burden for Owners or operator of municipal solid Abstract: The affected entities are this collection of information is waste landfills. subject to the General Provisions of the estimated to average 18 hours per Estimated Number of Respondents: NSPS at 40 CFR part 60, subpart A, and response. 559. any changes, or additions to the General Respondents/Affected Entities: Frequency of Response: Monthly, Provisions specified at 40 CFR part 60, Owners or operator of prepared feed quarterly, and annually. subparts AA and AAa. manufacturing facilities. Estimated Total Annual Hour Burden: Owners or operators of the affected Estimated Number of Respondents: 46,146. facilities must submit initial 1,800. Estimated Total Annual Cost: notification, performance tests, and Frequency of Response: Initially and $3,956,321, which includes $3,229,721 periodic reports and results. Owners or annually. in labor costs, no capital/startup costs, operators are also required to maintain Estimated Total Annual Hour Burden: and $726,600 in operating and records of the occurrence and duration 22,179. maintenance costs. of any startup, shutdown, or Estimated Total Annual Cost: (3) NESHAP for Taconite Iron Ore malfunction in the operation of an $1,760,711, which includes $1,734,260 Processing (40 CFR Part 63, Subpart affected facility, or any period during in labor costs, $13,843 in capital/startup RRRRR); Docket ID Number: EPA–HQ– which the monitoring system is costs, and $12,608 in operating and OECA–2012–0693; EPA ICR Number inoperative. Reports, at a minimum, are maintenance costs. 2050.05; OMB Control Number 2060– required semiannually. (6) NESHAP for Chemical 0538; expiration date March 31, 2013. Burden Statement: The annual public Preparations Industry (40 CFR Part 63, Affected Entities: Entities potentially reporting and recordkeeping burden for Subpart BBBBBBB); Docket ID Number: affected by this action are the owners or this collection of information is EPA–HQ–OECA–2012–0642; EPA ICR operators of taconite iron ore processing estimated to average 308 hours per Number 2356.03; OMB Control Number plants. response. 2060–0636; expiration date March 31, Abstract: The affected entities are Respondents/Affected Entities: 2013. subject to the General Provisions of the Owners or operator of electric arc Affected Entities: Entities potentially NESHAP at 40 CFR part 63, subpart A, furnaces and argon oxygen affected by this action are the owners or and any changes, or additions to the decarbonization vessels. operators of area source facilities that General Provisions specified at 40 CFR Estimated Number of Respondents: manufacture chemical preparations. part 63, subpart RRRRR. 98. Abstract: The affected entities are Owners or operators of the affected Frequency of Response: Initially and subject to the General Provisions of the facilities must submit initial semiannually. NESHAP at 40 CFR part 63, subpart A, notification, performance tests, and Estimated Total Annual Hour Burden: and any changes, or additions to the periodic reports and results. Owners or 60,745. General Provisions specified at 40 CFR operators are also required to maintain Estimated Total Annual Cost: part 63, subpart BBBBBBB. records of the occurrence and duration $5,911,975, which includes $5,712,985 Owners or operators of the affected of any startup, shutdown, or in labor costs, $5,490 in capital/startup facilities must submit initial malfunction in the operation of an costs, and $193,500 in operating and notification, performance tests, and affected facility, or any period during maintenance costs. periodic reports and results. Owners or
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operators are also required to maintain Estimated Total Annual Hour Burden: 2046.07; OMB Control Number 2060– records of the occurrence and duration 247. 0542; expiration date May 31, 2013. of any startup, shutdown, or Estimated Total Annual Cost: Affected Entities: Entities potentially malfunction in the operation of an $23,183, which includes $23,183 in affected by this action are the owners or affected facility, or any period during labor costs, no capital/startup costs, and operators of mercury cell chlor-alkali which the monitoring system is no operating and maintenance costs. plants. inoperative. Reports, at a minimum, are (8) NESHAP for Area Sources: Abstract: The affected entities are required semiannually. Polyvinyl Chloride and Copolymer subject to the General Provisions of the Burden Statement: The annual public Production, Primary Copper Smelting, NESHAP at 40 CFR part 63, subpart A, reporting and recordkeeping burden for Secondary Copper Smelting, and and any changes, or additions to the this collection of information is Primary Nonferrous Metals—Zinc, General Provisions specified at 40 CFR estimated to average 46 hours per Cadmium, and Beryllium; Docket ID part 63, subpart IIIII. response. Number: EPA–HQ–OECA–2012–0702; Owners or operators of the affected Respondents/Affected Entities: EPA ICR Number 2240.04; OMB Control facilities must submit initial Owners or operator of area source Number 2060–0596; expiration date notification, performance tests, and facilities that manufacture chemical May 31, 2013. periodic reports and results. Owners or preparations. Affected Entities: Entities potentially operators are also required to maintain Estimated Number of Respondents: affected by this action are the owners or records of the occurrence and duration 26. operators of primary copper smelter, a of any startup, shutdown, or Frequency of Response: new secondary copper smelter, a new or malfunction in the operation of an Semiannually. existing primary zinc production facility affected facility, or any period during Estimated Total Annual Hour Burden: or a primary beryllium production which the monitoring system is 2,372. facility that is an area source of inoperative. Reports, at a minimum, are Estimated Total Annual Cost: hazardous air pollutant (HAP) required annually. $175,618, which includes $175,098 in emissions. Burden Statement: The annual public labor costs, no capital/startup costs, and Abstract: The affected entities are reporting and recordkeeping burden for $520 in operating and maintenance subject to the General Provisions of the this collection of information is costs. NESHAP at 40 CFR part 63, subpart A, estimated to average 809 hours per (7) NSPS for Ammonium Sulfate and any changes, or additions to the response. Respondents/Affected Entities: Manufacturing Plants (40 CFR Part 60, General Provisions specified at 40 CFR Owners or operator of mercury cell Subpart PP); Docket ID Number: EPA– part 63, subparts DDDDDDD, EEEEEEE, chlor-alkali plants. HQ–OECA–2012–0655, EPA ICR FFFFFFF, and GGGGGGG. Estimated Number of Respondents: 4. Number 1066.07; OMB Control Number Owners or operators of the affected Frequency of Response: Initially, 2060–0032, expiration date April 30, facilities must submit initial daily, monthly, quarterly, and 2013. notification, performance tests, and semiannually. Affected Entities: Entities potentially periodic reports and results. Owners or Estimated Total Annual Hour Burden: affected by this action are the owners or operators are also required to maintain 14,557. operators of ammonium sulfate records of the occurrence and duration Estimated Total Annual Cost: manufacturing plants. of any startup, shutdown, or $1,491,978, which includes $1,418,178 Abstract: The affected entities are malfunction in the operation of an in labor costs, no capital/startup costs, subject to the General Provisions of the affected facility, or any period during and $73,800 in operating and NSPS at 40 CFR part 60, subpart A, and which the monitoring system is maintenance costs. any changes, or additions to the General inoperative. Reports, at a minimum, are (10) NESHAP for Primary Magnesium Provisions specified at 40 CFR part 60, required annually. Refining (40 CFR Part 63, Subpart subpart PP. Burden Statement: The annual public TTTTT); Docket ID Number: EPA–HQ– Owners or operators of the affected reporting and recordkeeping burden for OECA–2012–0699; EPA ICR Number facilities must submit initial this collection of information is 2098.06; OMB Control Number 2060– notification, performance tests, and estimated to average 12 hours per 0536; expiration date June 30, 2013. periodic reports and results. Owners or response. Affected Entities: Entities potentially operators are also required to maintain Respondents/Affected Entities: affected by this action are the owners or records of the occurrence and duration Owners or operator of primary copper operators of primary magnesium of any startup, shutdown, or smelter, a new secondary copper refining facilities. malfunction in the operation of an smelter, a new or existing primary zinc Abstract: The affected entities are affected facility, or any period during production facility or a primary subject to the General Provisions of the which the monitoring system is beryllium production facility that is an NESHAP at 40 CFR part 63, subpart A, inoperative. Reports, at a minimum, are area source of HAP emissions. and any changes, or additions to the required semiannually. Estimated Number of Respondents: 5. General Provisions specified at 40 CFR Burden Statement: The annual public Frequency of Response: Initially. part 63, subpart TTTTT. reporting and recordkeeping burden for Estimated Total Annual Hour Burden: Owners or operators of the affected this collection of information is 46. facilities must submit initial estimated to average 62 hours per Estimated Total Annual Cost: $4,326, notification, performance tests, and response. which includes $4,326 in labor costs, no periodic reports and results. Owners or Respondents/Affected Entities: capital/startup costs, and no operating operators are also required to maintain Owners or operator of ammonium and maintenance costs. records of the occurrence and duration sulfate manufacturing plants. (9) NESHAP for Mercury Cell Chlor- of any startup, shutdown, or Estimated Number of Respondents: 2. Alkali Plants (40 CFR Part 63, Subpart malfunction in the operation of an Frequency of Response: Initially, IIIII); Docket ID Number: EPA–HQ– affected facility, or any period during occasionally, and semiannually. OECA–2012–0691; EPA ICR Number which the monitoring system is
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inoperative. Reports, at a minimum, are 60, Subpart RR); Docket ID Number: of any startup, shutdown, or required semiannually. EPA–HQ–OECA–2012–0643; EPA ICR malfunction in the operation of an Burden Statement: The annual public Number 0658.11; OMB Control Number affected facility, or any period during reporting and recordkeeping burden for 2060–0004; expiration date June 30, which the monitoring system is this collection of information is 2013. inoperative. Reports, at a minimum, are estimated to average 153 hours per Affected Entities: Entities potentially required semiannually. response. affected by this action are the owners or Burden Statement: The annual public Respondents/Affected Entities: operators of pressure sensitive tape and reporting and recordkeeping burden for Owners or operator of primary label surface coating operations. this collection of information is magnesium refining facilities. Abstract: The affected entities are estimated to average 75 hours per Estimated Number of Respondents: 1. subject to the General Provisions of the response. Frequency of Response: Occasionally NSPS at 40 CFR part 60, subpart A, and Respondents/Affected Entities: Oil and semiannually. any changes, or additions to the General and natural gas production. Estimated Total Annual Hour Burden: Provisions specified at 40 CFR part 60, Estimated Number of Respondents: 611. subpart RR. 132,527. Estimated Total Annual Cost: Owners or operators of the affected Frequency of Response: Initially, $52,991, which includes $51,791 in facilities must submit initial annually, and semiannually. labor costs, no capital/startup costs, and notification, performance tests, and Estimated Total Annual Hour Burden: $1,200 in operating and maintenance periodic reports and results. Owners or 178,975. costs. operators are also required to maintain Estimated Total Annual Cost: (11) NESHAP for the Printing and records of the occurrence and duration $17,243,906, which includes Publishing Industry (40 CFR Part 63, of any startup, shutdown, or $16,649,703 in labor costs, $23,445 in Subpart KK); Docket ID Number: EPA– malfunction in the operation of an capital/startup costs, and $570,758 in operating and maintenance costs. HQ–OECA–2012–0666; EPA ICR affected facility, or any period during (14) NESHAP for Site Remediation (40 Number 1739.07; OMB Control Number which the monitoring system is CFR Part 63, Subpart GGGGG); Docket 2060–0335; expiration date June 30, inoperative. Reports, at a minimum, are 2013. ID Number: EPA–HQ–OECA–2012– required semiannually. 0695; EPA ICR Number 2062.05; OMB Affected Entities: Entities potentially Burden Statement: The annual public Control Number 2060–0534; expiration affected by this action are the owners or reporting and recordkeeping burden for operators of printing and publishing date June 30, 2013. this collection of information is Affected Entities: Entities potentially facilities. estimated to average 25 hours per affected by this action are the owners or Abstract: The affected entities are response. subject to the General Provisions of the operators of site remediation facilities. Respondents/Affected Entities: Abstract: The affected entities are NESHAP at 40 CFR part 63, subpart A, Owners or operator of pressure sensitive subject to the General Provisions of the and any changes, or additions to the tape and label surface coating NESHAP at 40 CFR part 63, subpart A, General Provisions specified at 40 CFR operations. and any changes, or additions to the part 63, subpart KK. Estimated Number of Respondents: General Provisions specified at 40 CFR Owners or operators of the affected 37. part 63, subpart GGGGG. facilities must submit initial Frequency of Response: Initially and Owners or operators of the affected notification, performance tests, and semiannually. facilities must submit initial periodic reports and results. Owners or Estimated Total Annual Hour Burden: notification, performance tests, and operators are also required to maintain 3,353. periodic reports and results. Owners or records of the occurrence and duration Estimated Total Annual Cost: operators are also required to maintain of any startup, shutdown, or $387,141, which includes $315,341 in records of the occurrence and duration malfunction in the operation of an labor costs, $7,000 in capital/startup of any startup, shutdown, or affected facility, or any period during costs, and $64,800 in operating and malfunction in the operation of an which the monitoring system is maintenance costs. affected facility, or any period during inoperative. Reports, at a minimum, are (13) NESHAP for Oil and Natural Gas which the monitoring system is required semiannually. Production (40 CFR Part 63, Subpart inoperative. Reports, at a minimum, are Burden Statement: The annual public HH); Docket ID Number: EPA–HQ– required semiannually. reporting and recordkeeping burden for OECA–2012–0669; EPA ICR Number Burden Statement: The annual public this collection of information is 1788.10; OMB Control Number 2060– reporting and recordkeeping burden for estimated to average 95 hours per 0417; expiration date June 30, 2013. this collection of information is response. Affected Entities: Entities potentially estimated to average 219 hours per Respondents/Affected Entities: affected by this action are the owners or response. Printing and publishing industry. operators of oil and natural gas Respondents/Affected Entities: Estimated Number of Respondents: production facilities. Owners or operator of site remediation 352. Abstract: The affected entities are facilities. Frequency of Response: Initially, subject to the General Provisions of the Estimated Number of Respondents: annually, and semiannually. NESHAP at 40 CFR part 63, subpart A, 286. Estimated Total Annual Hour Burden: and any changes, or additions to the Frequency of Response: Initially, 58,215. General Provisions specified at 40 CFR occasionally, and semiannually. Estimated Total Annual Cost: part 63, subpart HH. Estimated Total Annual Hour Burden: $5,888,997, which includes $5,474,997 Owners or operators of the affected 112,349. in labor costs, no capital/startup costs, facilities must submit initial Estimated Total Annual Cost: and $414,000 in operating and notification, performance tests, and $11,378,331, which includes maintenance costs. periodic reports and results. Owners or $10,796,331 in labor costs, no capital/ (12) NSPS for Pressure Sensitive Tape operators are also required to maintain startup costs, and $582,000 in operating and Label Surface Coating (40 CFR Part records of the occurrence and duration and maintenance costs.
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(15) NESHAP for Plastic Parts and notification, performance tests, and Frequency of Response: Products Surface Coating (40 CFR Part periodic reports and results. Owners or Semiannually. 63, Subpart PPPP); Docket ID Number: operators are also required to maintain Estimated Total Annual Hour Burden: EPA–HQ–OECA–2012–0688; EPA ICR records of the occurrence and duration 594. Number 2044.05; OMB Control Number of any startup, shutdown, or Estimated Total Annual Cost: 2060–0537; expiration date June 30, malfunction in the operation of an $242,431, which includes $55,831 in 2013. affected facility, or any period during labor costs, $6,600 in capital/startup Affected Entities: Entities potentially which the monitoring system is costs, and $180,000 in operating and affected by this action are the owners or inoperative. Reports, at a minimum, are maintenance costs. operators of plastic parts and products required annually. (18) NSPS for Storage Vessels for surface coating facilities. Burden Statement: The annual public Petroleum Liquids for which Abstract: The affected entities are reporting and recordkeeping burden for Construction, Reconstruction or subject to the General Provisions of the this collection of information is Modification Commenced after June 11, NESHAP at 40 CFR part 63, subpart A, estimated to average 5 hours per 1973, and prior to May 19, 1978 (40 CFR and any changes, or additions to the response. Part 60, Subpart K); Docket ID Number: General Provisions specified at 40 CFR Respondents/Affected Entities: EPA–HQ–OECA–2012–0677; EPA ICR part 63, subpart PPPP. Owners or operator of wool fiberglass Number 1797.06; OMB Control Number Owners or operators of the affected manufacturing facilities. 2060–0442; expiration date June 30, facilities must submit initial Estimated Number of Respondents: 2. 2013. notification, performance tests, and Frequency of Response: Annually. Affected Entities: Entities potentially periodic reports and results. Owners or Estimated Total Annual Hour Burden: affected by this action are the owners or operators are also required to maintain 18,591. operators of petroleum liquid storage records of the occurrence and duration Estimated Total Annual Cost: vessels. of any startup, shutdown, or $2,247,973, which includes $1,759,473 Abstract: The affected entities are malfunction in the operation of an in labor costs, no capital/startup costs, subject to the General Provisions of the affected facility, or any period during and $488,500 in operating and NSPS at 40 CFR part 60, subpart A, and which the monitoring system is maintenance costs. any changes, or additions to the General inoperative. Reports, at a minimum, are (17) NSPS for Flexible Vinyl and Provisions specified at 40 CFR part 60, required semiannually. Urethane Coating and Printing (40 CFR subpart K. Burden Statement: The annual public Part 60, Subpart FFF); Docket ID Owners or operators of the affected reporting and recordkeeping burden for Number: EPA–HQ–OECA–2012–0657; facilities must submit initial this collection of information is EPA ICR Number 1157.10; OMB Control notification, performance tests, and estimated to average 91 hours per Number 2060–0073; expiration date periodic reports and results. Owners or response. June 30, 2013. operators are also required to maintain Respondents/Affected Entities: Plastic Affected Entities: Entities potentially records of the occurrence and duration parts and products surface coating affected by this action are the owners or of any startup, shutdown, or facilities. operators of flexible vinyl and urethane malfunction in the operation of an Estimated Number of Respondents: coating and printing operations affected facility, or any period during 828. which the monitoring system is Frequency of Response: Initially, facilities. inoperative. Reports, at a minimum, are occasionally, and semiannually. Abstract: The affected entities are Estimated Total Annual Hour Burden: subject to the General Provisions of the required semiannually. 320,917. NSPS at 40 CFR part 60, subpart A, and Burden Statement: The annual public Estimated Total Annual Cost: any changes, or additions to the General reporting and recordkeeping burden for $27,444,633, which includes Provisions specified at 40 CFR part 60, this collection of information is $27,180,233 in labor costs, $16,000 in subpart FFF. estimated to average 4 hours per capital/startup costs, and $248,400 in Owners or operators of the affected response. operating and maintenance costs. facilities must submit initial Respondents/Affected Entities: (16) NSPS/NESHAP for Wool notification, performance tests, and Owners or operator of petroleum liquid Fiberglass Insulation Manufacturing periodic reports and results. Owners or storage vessels. Plants (40 CFR Part 60, Subpart PPP and operators are also required to maintain Estimated Number of Respondents: 40 CFR Part 63, Subpart NNN); Docket records of the occurrence and duration 220. ID Number: EPA–HQ–OECA–2012– of any startup, shutdown, or Frequency of Response: Initially, 0658; EPA ICR Number 1160.11; OMB malfunction in the operation of an occasionally, and semiannually. Control Number 2060–0114; expiration affected facility, or any period during Estimated Total Annual Hour Burden: date June 30, 2013. which the monitoring system is 769. Affected Entities: Entities potentially inoperative. Reports, at a minimum, are Estimated Total Annual Cost: affected by this action are the owners or required semiannually. $72,750, which includes $72,750 in operators of wool fiberglass insulation Burden Statement: The annual public labor costs, no capital/startup costs, and manufacturing facilities. reporting and recordkeeping burden for no operating and maintenance costs. Abstract: The affected entities are this collection of information is (19) NSPS for Commercial and subject to the General Provisions of the estimated to average 15 hours per Industrial Solid Waste Incineration NSPS/NESHAP at 40 CFR part 60, response. Units (40 CFR Part 60, Subpart CCCC); subpart A and part 63, subpart A, and Respondents/Affected Entities: Docket ID Number: EPA–HQ–OECA– any changes, or additions to the General Owners or operator of flexible vinyl and 2012–0681; EPA ICR Number 1926.06; Provisions specified at 40 CFR part 60, urethane coating and printing OMB Control Number 2060–0450; subpart PPP and part 63, subpart NNN. operations facilities. expiration date June 30, 2013. Owners or operators of the affected Estimated Number of Respondents: Affected Entities: Entities potentially facilities must submit initial 20. affected by this action are the owners or
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operators of commercial and industrial Burden Statement: The annual public KK); Docket ID Number: EPA–HQ– solid waste incineration units. reporting and recordkeeping burden for OECA–2012–0656; EPA ICR Number Abstract: The affected entities are this collection of information is 1072.10; OMB Control Number 2060– subject to the General Provisions of the estimated to average 15 hours per 0081; expiration date June 30, 2013. NSPS at 40 CFR part 60, subpart A, and response. Affected Entities: Entities potentially any changes, or additions to the General Respondents/Affected Entities: affected by this action are the owners or Provisions specified at 40 CFR part 60, Owners or operator of nitric acid plants. operators of lead acid battery subpart CCCC. Estimated Number of Respondents: manufacturing facilities. Owners or operators of the affected 24. Abstract: The affected entities are facilities must submit initial Frequency of Response: Initially, subject to the General Provisions of the notification, performance tests, and occasionally, and semiannually. NSPS at 40 CFR part 60, subpart A, and periodic reports and results. Owners or Estimated Total Annual Hour Burden: any changes, or additions to the General operators are also required to maintain 1,291. Provisions specified at 40 CFR part 60, Estimated Total Annual Cost: records of the occurrence and duration subpart KK. $2,549,639, which includes $81,639 in of any startup, shutdown, or Owners or operators of the affected labor costs, $68,000 in capital/startup facilities must submit initial malfunction in the operation of an costs, and $2,400,000 in operating and affected facility, or any period during notification, performance tests, and maintenance costs. periodic reports and results. Owners or which the monitoring system is (21) NSPS for Automobile and Light inoperative. Reports, at a minimum, are operators are also required to maintain Duty Truck Surface Coating Operations records of the occurrence and duration required semiannually. (40 CFR Part 60, Subpart MM); Docket Burden Statement: The annual public of any startup, shutdown, or ID Number: EPA–HQ–OECA–2012– malfunction in the operation of an reporting and recordkeeping burden for 0654; EPA ICR Number 1064.17; OMB this collection of information is affected facility, or any period during Control Number 2060–0034; expiration which the monitoring system is estimated to average 239 hours per date June 30, 2013. inoperative. Reports, at a minimum, are response. Affected Entities: Entities potentially required annually. Respondents/Affected Entities: affected by this action are the owners or Burden Statement: The annual public Owners or operator of commercial and operators of automobile and light duty reporting and recordkeeping burden for industrial solid waste incineration truck surface coating operations this collection of information is units. facilities. Estimated Number of Respondents: Abstract: The affected entities are estimated to average 62 hours per 31. subject to the General Provisions of the response. Respondents/Affected Entities: Frequency of Response: Initially, NSPS at 40 CFR part 60, subpart A, and Owners or operator of lead acid battery occasionally, semiannually, and any changes, or additions to the General manufacturing facilities. annually. Provisions specified at 40 CFR part 60, Estimated Number of Respondents: Estimated Total Annual Hour Burden: subpart MM. Owners or operators of the affected 52. 11,246. Frequency of Response: Initially and Estimated Total Annual Cost: facilities must submit initial notification, performance tests, and semiannually. $1,029,921, which includes $1,021,351 Estimated Total Annual Hour Burden: periodic reports and results. Owners or in labor costs, $2,240 in capital/startup 4,053. operators are also required to maintain costs, and $6,330 in operating and Estimated Total Annual Cost: records of the occurrence and duration maintenance costs. $395,346, which includes $383,346 in of any startup, shutdown, or (20) NSPS for Nitric Acid Plants (40 labor costs, no capital/startup costs, and malfunction in the operation of an CFR Part 60, Subpart G); Docket ID $12,000 in operating and maintenance affected facility, or any period during Number: EPA–HQ–OECA–2012–0645; costs. which the monitoring system is EPA ICR Number 1056.11; OMB Control (23) NESHAP for Miscellaneous inoperative. Reports, at a minimum, are Number 2060–0019; expiration date Coating Manufacturing (40 CFR Part 63, required semiannually. June 30, 2013. Subpart HHHHH); Docket ID Number: Affected Entities: Entities potentially Burden Statement: The annual public reporting and recordkeeping burden for EPA–HQ–OECA–2012–0701; EPA ICR affected by this action are the owners or Number 2115.04; OMB Control Number operators of nitric acid plants. this collection of information is estimated to average approximately 483 2060–0535; expiration date June 30, Abstract: The affected entities are 2013. subject to the General Provisions of the hours per response. Respondents/Affected Entities: Affected Entities: Entities potentially NSPS at 40 CFR part 60, subpart A, and Owners or operator of automobile and affected by this action are the owners or any changes, or additions to the General light duty truck surface coating operators of miscellaneous coating Provisions specified at 40 CFR part 60, operations facilities. manufacturing facilities. subpart G. Estimated Number of Respondents: Abstract: The affected entities are Owners or operators of the affected 54. subject to the General Provisions of the facilities must submit initial Frequency of Response: Initially, NESHAP at 40 CFR part 63, subpart A, notification, performance tests, and quarterly, and semiannually. and any changes, or additions to the periodic reports and results. Owners or Estimated Total Annual Hour Burden: General Provisions specified at 40 CFR operators are also required to maintain 156,362. part 63, subpart HHHHH. records of the occurrence and duration Estimated Total Annual Cost: Owners or operators of the affected of any startup, shutdown, or $14,882,842, which includes facilities must submit initial malfunction in the operation of an $14,790,142 in labor costs, $1,700 in notification, performance tests, and affected facility, or any period during capital/startup costs, and $91,000 in periodic reports and results. Owners or which the monitoring system is operating and maintenance costs. operators are also required to maintain inoperative. Reports, at a minimum, are (22) NSPS for Lead-Acid Battery records of the occurrence and duration required semiannually. Manufacturing (40 CFR Part 60, Subpart of any startup, shutdown, or
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malfunction in the operation of an Frequency of Response: Initially, operators of commercial and industrial affected facility, or any period during occasionally, semiannually and solid waste incineration units. which the monitoring system is annually. Abstract: The affected entities are inoperative. Reports, at a minimum, are Estimated Total Annual Hour Burden: subject to the General Provisions of the required semiannually. 1,534. Emission Guidelines at 40 CFR part 60, Burden Statement: The annual public Estimated Total Annual Cost: subpart A, and any changes, or reporting and recordkeeping burden for $154,929, which includes $144,297 in additions to the General Provisions this collection of information is labor costs, no capital/startup costs, and specified at 40 CFR part 60, subpart estimated to average 296 hours per $10,632 in operating and maintenance DDDD. response. costs. Owners or operators of the affected Respondents/Affected Entities: (25) NESHAP for Flexible facilities must submit initial Owners or operators of miscellaneous Polyurethane Foam Product (40 CFR notification, performance tests, and coating manufacturing facilities. Part 63, Subpart III); Docket ID Number: periodic reports and results. Owners or operators are also required to maintain Estimated Number of Respondents: EPA–HQ–OECA–2012–0668, EPA ICR records of the occurrence and duration 133. Number 1783.06; OMB Control Number of any startup, shutdown, or Frequency of Response: Initially, 2060–0357; expiration date June 30, malfunction in the operation of an occasionally, semiannually and 2013. affected facility, or any period during annually. Affected Entities: Entities potentially affected by this action are the owners or which the monitoring system is Estimated Total Annual Hour Burden: inoperative. Reports, at a minimum, are 167,572. operators of flexible polyurethane foam product facilities. required semiannually. Estimated Total Annual Cost: Abstract: The affected entities are Burden Statement: The annual public $17,007,914, which includes subject to the General Provisions of the reporting and recordkeeping burden for $14,192,714 in labor costs, $30,000 in NESHAP at 40 CFR part 63, subpart A, this collection of information is capital/startup costs, and $2,785,200 in and any changes, or additions to the estimated to average 232 hours per operating and maintenance costs. General Provisions specified at 40 CFR response. (24) NESHAP for Phosphoric Acid part 63, subpart III. Respondents/Affected Entities: Manufacturing and Phosphate Owners or operators of the affected Owners or operator of commercial and Fertilizers Production (40 CFR Part 63, facilities must submit initial industrial solid waste incineration Subparts AA and BB); Docket ID notification, performance tests, and units. Number: EPA–HQ–OECA–2012–0676; Estimated Number of Respondents: periodic reports and results. Owners or EPA ICR Number 1790.06; OMB Control 97. operators are also required to maintain Number 2060–0361; expiration date Frequency of Response: Initially, records of the occurrence and duration June 30, 2013. occasionally, semiannually and of any startup, shutdown, or annually. Affected Entities: Entities potentially malfunction in the operation of an affected by this action are the owners or Estimated Total Annual Hour Burden: affected facility, or any period during 31,619. operators of phosphoric acid which the monitoring system is manufacturing and phosphate fertilizers Estimated Total Annual Cost: inoperative. Reports, at a minimum, are $2,904,577, which includes $2,884,110 production facilities. required semiannually. Abstract: The affected entities are in labor costs, no capital/startup costs, Burden Statement: The annual public and $20,467 in operating and subject to the General Provisions of the reporting and recordkeeping burden for NESHAP at 40 CFR part 63, subpart A, maintenance costs. this collection of information is (27) NESHAP for Halogenated Solvent and any changes, or additions to the estimated to average 43 hours per Cleaners/Halogenated Hazardous Air General Provisions specified at 40 CFR response. Pollutants (40 CFR Part 63, Subpart T); part 63, subparts AA and BB. Respondents/Affected Entities: Docket ID Number: EPA–HQ–OECA– Owners or operators of the affected Owners or operator of flexible 2012–0660; EPA ICR Number 1652.08; facilities must submit initial polyurethane foam product facilities. OMB Control Number 2060–0273; notification, performance tests, and Estimated Number of Respondents: expiration date June 30, 2013. periodic reports and results. Owners or 132. Affected Entities: Entities potentially operators are also required to maintain Frequency of Response: Initially, affected by this action are the owners or records of the occurrence and duration occasionally, semiannually, and operators of halogenated solvent of any startup, shutdown, or annually. cleaners. malfunction in the operation of an Estimated Total Annual Hour Burden: Abstract: The affected entities are affected facility, or any period during 9,047. subject to the General Provisions of the which the monitoring system is Estimated Total Annual Cost: NESHAP at 40 CFR part 63, subpart A, inoperative. Reports, at a minimum, are $850,851, which includes $850,851 in and any changes, or additions to the required semiannually. labor costs, no capital/startup costs, and General Provisions specified at 40 CFR Burden Statement: The annual public no operating and maintenance costs. part 63, subpart T. reporting and recordkeeping burden for (26) Emission Guidelines for Existing Owners or operators of the affected this collection of information is Commerce and Industrial Solid Waste facilities must submit initial estimated to average 18 hours per Incineration Units (40 CFR Part 60, notification, performance tests, and response. Subpart DDDD); Docket ID Number: periodic reports and results. Owners or Respondents/Affected Entities: EPA–HQ–OECA–2012–0685; EPA ICR operators are also required to maintain Owners or operator of phosphoric acid Number 1927.06; OMB Control Number records of the occurrence and duration manufacturing and phosphate fertilizers 2060–0451; expiration date June 30, of any startup, shutdown, or production facilities 2013. malfunction in the operation of an Estimated Number of Respondents: Affected Entities: Entities potentially affected facility, or any period during 12. affected by this action are the owners or which the monitoring system is
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inoperative. Reports, at a minimum, are (29) NESHAP for Mineral Wool records of the occurrence and duration required semiannually. Production (40 CFR Part 63, Subpart of any startup, shutdown, or Burden Statement: The annual public DDD); Docket ID Number: EPA–HQ– malfunction in the operation of an reporting and recordkeeping burden for OECA–2012–0678; EPA ICR Number affected facility, or any period during this collection of information is 1799.07; OMB Control Number 2060– which the monitoring system is estimated to average 14 hours per 0362; expiration date June 30, 2013. inoperative. Reports, at a minimum, are response. Affected Entities: Entities potentially required semiannually. Respondents/Affected Entities: affected by this action are the owners or Burden Statement: The annual public Halogenated solvent cleaners. operators of mineral wool production reporting and recordkeeping burden for Estimated Number of Respondents: facilities. this collection of information is 1,431. Abstract: The affected entities are estimated to average 37 hours per Frequency of Response: Initially, subject to the General Provisions of the response. occasionally, quarterly, semiannually NESHAP at 40 CFR part 63, subpart A, Respondents/Affected Entities: and annually. and any changes, or additions to the Owners or operator of commercial Estimated Total Annual Hour Burden: General Provisions specified at 40 CFR ethylene oxide sterilization and 41,035. part 63, subpart DDD. fumigation operations. Estimated Total Annual Cost: Owners or operators of the affected Estimated Number of Respondents: $4,992,717, which includes $3,977,917 facilities must submit initial 119. in labor costs, no capital/startup costs, notification, performance tests, and Frequency of Response: Initially, and $1,014,800 in operating and periodic reports and results. Owners or occasionally and semiannually. maintenance costs. operators are also required to maintain Estimated Total Annual Hour Burden: (28) NESHAP for Magnetic Tape records of the occurrence and duration 8,662. Manufacturing Operations (40 CFR Part of any startup, shutdown, or Estimated Total Annual Cost: 63, Subpart EE); Docket ID Number: malfunction in the operation of an $1,467,301, which includes $819,301 in EPA–HQ–OECA–2012–0665; EPA ICR affected facility, or any period during labor costs, $65,000 in capital/startup Number 1678.08; OMB Control Number which the monitoring system is costs, and $583,000 in operating and 2060–0326; expiration date June 30, inoperative. Reports, at a minimum, are maintenance costs. 2013. required semiannually. (31) NSPS for Incinerators (40 CFR Affected Entities: Entities potentially Burden Statement: The annual public Part 60, Subpart E); Docket ID Number: affected by this action are the owners or reporting and recordkeeping burden for EPA–HQ–OECA–2012–0646; EPA ICR operators of magnetic tape this collection of information is Number 1058.11; OMB Control Number manufacturing operations. estimated to average 15 hours per 2060–0040; expiration date August 31, Abstract: The affected entities are response. 2013. subject to the General Provisions of the Respondents/Affected Entities: Affected Entities: Entities potentially NESHAP at 40 CFR part 63, subpart A, Owners or operator of mineral wool affected by this action are the owners or and any changes, or additions to the production facilities. operators of incinerators. General Provisions specified at 40 CFR Estimated Number of Respondents: 7. Abstract: The affected entities are part 63, subpart EE. Frequency of Response: Initially, subject to the General Provisions of the Owners or operators of the affected semiannually and annually. NSPS at 40 CFR part 60, subpart A, and facilities must submit initial Estimated Total Annual Hour Burden: any changes, or additions to the General notification, performance tests, and 1,688. Provisions specified at 40 CFR part 60, periodic reports and results. Owners or Estimated Total Annual Cost: subpart E. operators are also required to maintain $238,517, which includes $234,017 in Owners or operators of the affected records of the occurrence and duration labor costs, no capital/startup costs, and facilities must submit initial of any startup, shutdown, or $4,500 in operating and maintenance notification, performance tests, and malfunction in the operation of an costs. periodic reports and results. Owners or affected facility, or any period during (30) NESHAP for Commercial operators are also required to maintain which the monitoring system is Ethylene Oxide Sterilization and records of the occurrence and duration inoperative. Reports, at a minimum, are Fumigation Operations (40 CFR Part 63, of any startup, shutdown, or required semiannually. Subpart O); Docket ID Number: EPA– malfunction in the operation of an Burden Statement: The annual public HQ–OECA–2012–0664; EPA ICR affected facility, or any period during reporting and recordkeeping burden for Number 1666.09; OMB Control Number which the monitoring system is this collection of information is 2060–0283; expiration date June 30, inoperative. Reports, at a minimum, are estimated to average 15 hours per 2013. required semiannually. response. Affected Entities: Entities potentially Burden Statement: The annual public Respondents/Affected Entities: affected by this action are the owners or reporting and recordkeeping burden for Magnetic tape manufacturing operators of commercial ethylene oxide this collection of information is operations. sterilization and fumigation operations. estimated to average 51 hours per Estimated Number of Respondents: 6. Abstract: The affected entities are response. Frequency of Response: Initially, subject to the General Provisions of the Respondents/Affected Entities: occasionally, quarterly, semiannually NESHAP at 40 CFR part 63, subpart A, Incinerators. and annually. and any changes, or additions to the Estimated Number of Respondents: Estimated Total Annual Hour Burden: General Provisions specified at 40 CFR 82. 3,396. part 63, subpart O. Frequency of Response: Initially and Estimated Total Annual Cost: Owners or operators of the affected occasionally. $366,607, which includes $319,607 in facilities must submit initial Estimated Total Annual Hour Burden: labor costs, $11,000 in capital/startup notification, performance tests, and 8,393. costs, and $36,000 in operating and periodic reports and results. Owners or Estimated Total Annual Cost: maintenance costs. operators are also required to maintain $998,858, which includes $793,858 in
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labor costs, no capital/startup costs, and periodic reports and results. Owners or Estimated Number of Respondents: $205,000 in operating and maintenance operators are also required to maintain 447. costs. records of the occurrence and duration Frequency of Response: Initially and (32) NESHAP for Iron and Steel of any startup, shutdown, or semiannually. Foundries (40 CFR Part 63, Subpart malfunction in the operation of an Estimated Total Annual Hour Burden: EEEEE); Docket ID Number: EPA–HQ– affected facility, or any period during 15,759. OECA–2012–0697; EPA ICR Number which the monitoring system is Estimated Total Annual Cost: 2096.05; OMB Control Number 2060– inoperative. Reports, at a minimum, are $1,847,584, which includes $1,490,584 0543; expiration date September 30, required semiannually. in labor costs, no capital/startup costs, 2013. Burden Statement: The annual public and $357,000 in operating and Affected Entities: Entities potentially reporting and recordkeeping burden for maintenance costs. affected by this action are the owners or this collection of information is (35) NESHAP for Stationary operators of iron and steel foundries. estimated to average 114 hours per Combustion Turbines (40 CFR Part 63, Abstract: The affected entities are response. Subpart YYYY); Docket ID Number: subject to the General Provisions of the Respondents/Affected Entities: EPA–HQ–OECA–2012–0687; EPA ICR NESHAP at 40 CFR part 63, subpart A, Organic liquids distribution facilities. Number 1967.05; OMB Control Number and any changes, or additions to the Estimated Number of Respondents: 2060–0540; expiration date September General Provisions specified at 40 CFR 381. 30, 2013. part 63, subpart EEEEE. Frequency of Response: Initially, Affected Entities: Entities potentially Owners or operators of the affected occasionally, semiannually, and affected by this action are the owners or facilities must submit initial annually. operators of stationary combustion notification, performance tests, and Estimated Total Annual Hour Burden: turbines. periodic reports and results. Owners or 85,503. Abstract: The affected entities are operators are also required to maintain Estimated Total Annual Cost: subject to the General Provisions of the records of the occurrence and duration $16,646,771, which includes $8,087,607 NESHAP at 40 CFR part 63, subpart A, of any startup, shutdown, or in labor costs, $1,636,864 in capital/ and any changes, or additions to the malfunction in the operation of an startup costs, and $6,922,300 in General Provisions specified at 40 CFR affected facility, or any period during operating and maintenance costs. part 63, subpart YYYY. which the monitoring system is (34) NESHAP for Gasoline Owners or operators of the affected inoperative. Reports, at a minimum, are Distribution Facilities (40 CFR Part 63, facilities must submit initial required semiannually. Subpart R); Docket ID Number: EPA– notification, performance tests, and Burden Statement: The annual public HQ–OECA–2012–0662; EPA ICR periodic reports and results. Owners or reporting and recordkeeping burden for Number 1659.08; OMB Control Number operators are also required to maintain this collection of information is 2060–0325; expiration date September records of the occurrence and duration estimated to average 151 hours per 30, 2013. of any startup, shutdown, or response. Affected Entities: Entities potentially malfunction in the operation of an Respondents/Affected Entities: Iron affected by this action are the owners or affected facility, or any period during and steel foundries. operators of gasoline distribution which the monitoring system is Estimated Number of Respondents: facilities that transfer and store gasoline, inoperative. Reports, at a minimum, are 98. including pipeline breakout stations and required semiannually. Frequency of Response: Initially, bulk terminals. Burden Statement: The annual public occasionally, and semiannually. Abstract: The affected entities are reporting and recordkeeping burden for Estimated Total Annual Hour Burden: subject to the General Provisions of the this collection of information is 29,747. NESHAP at 40 CFR part 63, subpart A, estimated to average 8 hours per Estimated Total Annual Cost: and any changes, or additions to the response. $2,919,519, which includes $2,519,459 General Provisions specified at 40 CFR Respondents/Affected Entities: in labor costs, no capital/startup costs, part 63, subpart R. Stationary combustion turbines. and $400,060 in operating and Owners or operators of the affected Estimated Number of Respondents: maintenance costs. facilities must submit initial 31. (33) NESHAP for Organic Liquids notification, performance tests, and Frequency of Response: Distribution (Non-Gasoline) Facilities periodic reports and results. Owners or Semiannually. (40 CFR Part 63, Subpart EEEE); Docket operators are also required to maintain Estimated Total Annual Hour Burden: ID Number: EPA–HQ–OECA–2012– records of the occurrence and duration 435. 0686; EPA ICR Number 1963.05; OMB of any startup, shutdown, or Estimated Total Annual Cost: Control Number 2060–0539; expiration malfunction in the operation of an $42,652, which includes $41,152 in date September 30, 2013. affected facility, or any period during labor costs, $1,500 capital/startup costs, Affected Entities: Entities potentially which the monitoring system is and no operating and maintenance affected by this action are the owners or inoperative. Reports, at a minimum, are costs. operators of organic liquids distribution required semiannually. (36) NESHAP for Automobile and facilities. Burden Statement: The annual public Light-duty Truck Surface Coating (40 Abstract: The affected entities are reporting and recordkeeping burden for CFR Part 63, Subpart IIII); Docket ID subject to the General Provisions of the this collection of information is Number: EPA–HQ–OECA–2012–0690; NESHAP at 40 CFR part 63, subpart A, estimated to average 31 hours per EPA ICR Number 2045.05; OMB Control and any changes, or additions to the response. Number 2060–0550; expiration date General Provisions specified at 40 CFR Respondents/Affected Entities: September 30, 2013. part 63, subpart EEEE. Owners or operators of gasoline Affected Entities: Entities potentially Owners or operators of the affected distribution facilities that transfer and affected by this action are the owners or facilities must submit initial store gasoline, including pipeline operators of automobile and light-duty notification, performance tests, and breakout stations and bulk terminals. truck surface coating facilities.
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Abstract: The affected entities are this collection of information is number: (703) 347–0237; email address: subject to the General Provisions of the estimated to average 42 hours per [email protected]. NESHAP at 40 CFR part 63, subpart A, response. SUPPLEMENTARY INFORMATION: and any changes, or additions to the Respondents/Affected Entities: General Provisions specified at 40 CFR Owners or operators of petroleum I. General Information part 63, subpart IIII. refineries. A. Does this action apply to me? Owners or operators of the affected Estimated Number of Respondents: The Agency included in the July 27, facilities must submit initial 132. 2012, notice a list of those who may be Frequency of Response: Initially and notification, performance tests, and potentially affected by this action. If you semiannually. periodic reports and results. Owners or have questions regarding the Estimated Total Annual Hour Burden: operators are also required to maintain applicability of this action to a 11,040. records of the occurrence and duration particular entity, consult the person Estimated Total Annual Cost: of any startup, shutdown, or listed under FOR FURTHER INFORMATION $8,814,941, which includes $983,339 in malfunction in the operation of an CONTACT. affected facility, or any period during labor costs, no capital/startup costs, and which the monitoring system is $7,831,602 in operating and B. How can I get copies of this document inoperative. Reports, at a minimum, are maintenance costs. and other related information? required semiannually. EPA will consider any comments EPA has established a docket for this Burden Statement: The annual public received and may amend any of the action under docket identification (ID) reporting and recordkeeping burden for above ICRs, as appropriate. Then, the number EPA–HQ–OPP–2012–0489. this collection of information is final ICR packages will be submitted to Publicly available docket materials are estimated to average 91 hours per OMB for review and approval pursuant available either in the electronic docket response. to 5 CFR 1320.12. At that time, EPA will at http://www.regulations.gov. Respondents/Affected Entities: issue one or more Federal Register Owners or operator of automobile and notices pursuant to 5 CFR II. What does this correction do? light-duty truck surface coating 1320.5(a)(1)(iv) to announce the This notice is being issued to correct facilities. submission of the ICRs to OMB and the Table 1 and Table 2 of the cancellation Estimated Number of Respondents: opportunity to submit additional notice. This correction removes six 65. comments to OMB. If you have any entries which were inadvertently Frequency of Response: Initially and questions about any of the above ICRs included. semiannually. or the approval process, please contact FR Doc. 2012–18375 published in the Estimated Total Annual Hour Burden: the person listed under FOR FURTHER Federal Register of July 27, 2012 (77 FR 25,190. INFORMATION CONTACT. 44229) (FRL–9355–7) is corrected as Estimated Total Annual Cost: Dated: September 24, 2012. follows: $2,321,787, which includes $2,243,787 1. On page 44230, in Table 1, remove in labor costs, no capital/startup costs, Lisa C. Lund, the complete entry for: ‘‘TX–11–0003.’’ and $78,000 in operating and Director, Office of Compliance. 2. On page 44230, in Table 2, remove maintenance costs. [FR Doc. 2012–25544 Filed 10–16–12; 8:45 am] the complete entry for: ‘‘51032–00014.’’ (37) NESHAP for Petroleum BILLING CODE 6560–50–P 3. On page 44231, in Table 2, remove Refineries: Catalytic Cracking Units, the complete entry for: ‘‘72468–00003,’’ Reforming and Sulfur Units (40 CFR ‘‘72468–00005,’’ ‘‘82744–00001,’’ and Part 63, Subpart UUU); Docket ID ENVIRONMENTAL PROTECTION ‘‘82744–00002.’’ Number: EPA–HQ–OECA–2012–0679; AGENCY List of Subjects EPA ICR Number 1844.05; OMB Control [EPA–HQ–OPP–2012–0489; FRL–9364–2] Number 2060–0554; expiration date Environmental protection, September 30, 2013. Cancellation of Pesticides for Non- Administrative practice and procedure, Affected Entities: Entities potentially Payment of Year 2012 Registration Pesticides and pests. affected by this action are the owners or Maintenance Fees; Correction Dated: September 25, 2012. operators of petroleum refineries. Michael Hardy, AGENCY: Environmental Protection Abstract: The affected entities are Acting Director, Information Technology and subject to the General Provisions of the Agency (EPA). Resource Management Division, Office of NESHAP at 40 CFR part 63, subpart A, ACTION: Notice; correction. Pesticide Programs. and any changes, or additions to the [FR Doc. 2012–24894 Filed 10–16–12; 8:45 am] SUMMARY: EPA issued a notice in the General Provisions specified at 40 CFR BILLING CODE 6560–50–P part 63, subpart UUU. Federal Register of July 27, 2012, Owners or operators of the affected concerning the cancellation of facilities must submit initial pesticides for non-payment of year 2012 ENVIRONMENTAL PROTECTION notification, performance tests, and registration maintenance fees. This AGENCY periodic reports and results. Owners or document is being issued to correct operators are also required to maintain Table 1 and Table 2 of the cancellation [FRL–9742–2] records of the occurrence and duration notice by removing six entries which were inadvertently included. Request for Nominations of Experts for of any startup, shutdown, or the Clean Air Scientific Advisory FOR FURTHER INFORMATION CONTACT: malfunction in the operation of an Committee (CASAC) Oxides of affected facility, or any period during Michael Yanchulis, Information Nitrogen Primary National Ambient Air which the monitoring system is Technology and Resources Management Quality Standards (NAAQS) Review inoperative. Reports, at a minimum, are Division (7502P), Office of Pesticide Panel required semiannually. Programs, Environmental Protection Burden Statement: The annual public Agency, 1200 Pennsylvania Ave. NW., AGENCY: Environmental Protection reporting and recordkeeping burden for Washington, DC 20460–0001; telephone Agency (EPA).
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ACTION: Notice. described above. Nominations should be (which, among other factors, can be submitted in electronic format influenced by work history and SUMMARY: The EPA Science Advisory (preferred over hard copy) following the affiliation), and the collective breadth of Board (SAB) Staff Office is requesting instructions for ‘‘Nominating Experts to experience to adequately address the public nominations for technical experts Advisory Panels and Ad Hoc charge. In forming this expert panel, the to form a CASAC ad hoc panel to Committees Being Formed,’’ provided SAB Staff Office will consider public provide advice through the chartered on the SAB Web site. If you wish to comments on the List of Candidates, CASAC on primary (human health- nominate yourself or another expert, based) air quality standards for oxides of information provided by the candidates please follow the instructions that can themselves, and background nitrogen (NOX). be accessed through the ‘‘Nomination of information independently gathered by DATES: Nominations should be Experts’’ link on the blue navigational the SAB Staff Office. Selection criteria submitted by November 7, 2012 per bar at the CASAC Web site http:// instructions below. www.epa.gov/casac. To receive full to be used for panel membership include: (a) Scientific and/or technical FOR FURTHER INFORMATION CONTACT: Any consideration, nominations should expertise, knowledge, and experience member of the public wishing further include all of the information requested (primary factors); (b) availability and information regarding this Notice and below. willingness to serve; (c) absence of Request for Nominations may contact EPA’s SAB Staff Office requests Dr. Holly Stallworth, Designated Federal contact information about the person financial conflicts of interest; (d) Officer (DFO), SAB Staff Office, by making the nomination; contact absence of an appearance of a lack of telephone/voice mail at (202) 564–2073 information about the nominee; the impartiality; (e) skills working in or via email at [email protected]. disciplinary and specific areas of committees, subcommittees and General information concerning the EPA expertise of the nominee; the nominee’s advisory panels; and, (f) for the panel as CASAC can be found at the EPA CASAC resume or curriculum vitae; sources of a whole, diversity of expertise and Web site at http://www.epa.gov/casac. recent grant and/or contract support; viewpoints. and a biographical sketch of the SUPPLEMENTARY INFORMATION: The SAB Staff Office’s evaluation of nominee indicating current position, Background: The Clean Air Scientific educational background, research an absence of financial conflicts of Advisory Committee (CASAC) was activities, and recent service on other interest will include a review of the established under section 109(d)(2) of national advisory committees or ‘‘Confidential Financial Disclosure the Clean Air Act (CAA or Act) (42 national professional organizations. The Form for Special Government U.S.C. 7409) as an independent bio-sketches and resume or curricula Employees Serving on Federal Advisory scientific advisory committee. CASAC vitae of nominees identified by Committees at the U.S. Environmental provides advice, information and respondents to this Federal Register Protection Agency’’ (EPA Form 3110– recommendations on the scientific and notice, and additional experts identified 48). This confidential form allows technical aspects of air quality criteria by the SAB Staff, will be made available government officials to determine and National Ambient Air Quality to the public upon request. whether there is a statutory conflict Standards (NAAQS) under sections 108 Persons having questions about the between a person’s public and 109 of the Act. The CASAC is a nomination procedures, or who are responsibilities (which includes Federal advisory committee chartered unable to submit nominations through membership on an EPA federal advisory under the Federal Advisory Committee the CASAC Web site, should contact Dr. committee) and private interests and Act (FACA), as amended, 5 U.S.C., App. Holly Stallworth, DFO, as indicated Section 109(d)(1) of the Clean Air Act activities, or the appearance of a lack of above in this notice. Nominations impartiality, as defined by federal (CAA) requires that EPA carry out a should be submitted in time to arrive no regulation. The form may be viewed and periodic review and revision, as later than November 7, 2012. EPA downloaded from the following URL appropriate, of the air quality criteria values and welcomes diversity. In an and the NAAQS for the six ‘‘criteria’’ air effort to obtain nominations of diverse address http://www.epa.gov/sab/pdf/ pollutants, including oxides of nitrogen. candidates, EPA encourages epaform3110–48.pdf. As a Federal Advisory Committee, the nominations of women and men of all The approved policy under which the CASAC conducts business in racial and ethnic groups. EPA SAB Office selects subcommittees accordance with the Federal Advisory The EPA SAB Staff Office will and review panels is described in the Committee Act (FACA) (5 U.S.C. App. acknowledge receipt of nominations. following document: Overview of the 2) and related regulations. The CASAC The names and bio-sketches of qualified Panel Formation Process at the will comply with the provisions of nominees identified by respondents to Environmental Protection Agency FACA and all appropriate SAB Staff this Federal Register notice, and Science Advisory Board (EPA–SAB–EC– Office procedural policies. additional experts identified by the SAB 02–010), which is posted on the SAB Request for Nominations: The SAB Staff, will be posted in a List of Web site at http://www.epa.gov/sab/pdf/ Staff Office is seeking nominations of Candidates on the CASAC Web site at ec02010.pdf. nationally and internationally http://www.epa.gov/casac. Public recognized scientists in the science of comments on this List of Candidates Dated: October 5, 2012. air pollution related to nitrogen oxides. will be accepted for 21 days. The public Thomas Brennan, Experts are sought in atmospheric will be requested to provide relevant Deputy Director, EPA Science Advisory Board science, human exposure, dosimetry, information or other documentation on Staff Office. toxicology, epidemiology, medicine, nominees that the SAB Staff Office [FR Doc. 2012–25546 Filed 10–16–12; 8:45 am] public health, biostatistics and risk should consider in evaluating BILLING CODE 6560–50–P assessment. candidates. Process and Deadline for Submitting For the EPA SAB Staff Office a review Nominations: Any interested person or panel includes candidates who possess organization may nominate qualified the necessary domains of knowledge, individuals in the areas of expertise the relevant scientific perspectives
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ENVIRONMENTAL PROTECTION withdraw their requests. Accordingly, the specific entities that may be affected AGENCY EPA hereby issues in this notice a by this action. cancellation order granting the [EPA–HQ–OPP–2010–0014; FRL–9365–9] requested cancellations. Any B. How can I get copies of this document and other related information? Product Cancellation Order for Certain distribution, sale, or use of the products Pesticide Registrations subject to this cancellation order is The docket for this action, identified permitted only in accordance with the by docket identification (ID) number AGENCY: Environmental Protection terms of this order, including any EPA–HQ–OPP–2010–0014 is available Agency (EPA). existing stocks provisions. at http://www.regulations.gov or at the ACTION: Notice. DATES: The cancellations are effective Office of Pesticide Programs Regulatory October 17, 2012. SUMMARY: This notice announces EPA’s Public Docket (OPP Docket) in the order for the cancellations, voluntarily FOR FURTHER INFORMATION CONTACT: John Environmental Protection Agency requested by the registrants and W. Pates, Jr., Pesticide Re-evaluation Docket Center (EPA/DC), EPA West accepted by the Agency, of the products Division (7508P), Office of Pesticide Bldg., Rm. 3334, 1301 Constitution listed in Table 1 of Unit II., pursuant to Programs, Environmental Protection Ave., NW., Washington, DC 20460– the Federal Insecticide, Fungicide, and Agency, 1200 Pennsylvania Ave., NW., 0001. The Public Reading Room is open Rodenticide Act (FIFRA). This Washington, DC 20460–0001; telephone from 8:30 a.m. to 4:30 p.m., Monday cancellation order follows a February number: (703) 308–8195; email address: through Friday, excluding legal 29, 2012 Federal Register Notice of [email protected]. holidays. The telephone number for the Receipt of Requests from the registrants SUPPLEMENTARY INFORMATION: Public Reading Room is (202) 566–1744, and the telephone number for the OPP listed in Table 2 of Unit II. to I. General Information voluntarily cancel these product Docket is (703) 305–5805. Please review registrations. In the February 29, 2012 A. Does this action apply to me? the visitor instructions and additional notice, EPA indicated that it would This action is directed to the public information about the docket available issue an order implementing the in general, and may be of interest to a at http://www.epa.gov/dockets. cancellations, unless the Agency wide range of stakeholders including II. What action is the agency taking? received substantive comments within environmental, human health, and the 180 day comment period that would agricultural advocates; the chemical This notice announces the merit its further review of these industry; pesticide users; and members cancellation, as requested by registrants, requests, or unless the registrants of the public interested in the sale, of 25 products registered under FIFRA withdrew their requests. The Agency distribution, or use of pesticides. Since section 3. These registrations are listed did not receive any comments on the others also may be interested, the in sequence by registration number in notice. Further, the registrants did not Agency has not attempted to describe all Table 1 of this unit.
TABLE 1—PRODUCT CANCELLATIONS
EPA registration No. Product name Chemical name
000577–00539 ...... Semi-transparent Wood Preservative Folpet, Tributyltin oxide. Stain A14T5. 000577–00544 ...... Cuprinol Stain and Wood Preservative .... Tributyltin oxide, Chlorothalonil. 000707–00120 ...... Kathon 4200 Fabric Mildewcide ...... Octhilinone. 001448–00315 ...... B–7–16 ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 001529–00029 ...... Nuosept 635–W Preservative ...... Alkyl amine hydrochloride. 001529–00030 ...... Fungitrol 158 Fungicide...... Alkyl* amine hydrochloride *(as in fatty acids of coconut oil), Tributyltin benzoate. 002829–00127 ...... Vinyzene IT–3000 DIDP ...... Octhilinone. 002829–00139 ...... Vinyzene DP 7000 ...... Triclosan. 002829–00145 ...... Vinyzene SB–30 ...... Triclosan. 004822–00429 ...... Waste Minders with Stangard/4 ...... Triclosan. 007313–00006 ...... Olympic Clear Wood Preservative ...... Tributyltin oxide, Folpet. 007364–00022 ...... Algimycin Winter Algicide ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 007364–00093 ...... Poolcare Algastop ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 047371–00084 ...... Formulation HL–138D...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12), Tributyltin oxide. 053883–00259 ...... Termini 9.1 SC ...... Fipronil. CO080003 ...... Endura Fungicide ...... Boscalid. MD080002 ...... Ridomil Gold Copper ...... Copper hydroxide D-Alanine, N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-, methyl ester. OR000023 ...... Daconil SDG ...... Chlorothalonil. WA000003 ...... Daconil SDG ...... Chlorothalonil. WA030013 ...... Thiodan 3 EC Insecticide ...... Endosulfan. WA030017 ...... Thionex 50W Insecticide ...... Endosulfan. WA030018 ...... Thiodan 3 EC Insecticide ...... Endosulfan. WA060006 ...... Outlook Herbicide ...... dimethenamide-P. WA060018 ...... Prowl H2O Herbicide ...... Pendemethalin. WA860012 ...... Furadan 15 G Insecticide-Nemanticide .... Carbofuran.
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Table 2 of this unit includes the TABLE 2—REGISTRANTS OF TABLE 2—REGISTRANTS OF names and addresses of record for all CANCELLED PRODUCTS—Continued CANCELLED PRODUCTS—Continued registrants of the products in Table 1 of EPA company this unit, in sequence by EPA company Company name and address EPA company Company name and address number. This number corresponds to No. No. the first part of the EPA registration 7313 ...... PPG Architectural Finishes WA860012 ..... FMC Corp., Agricultural numbers of the products listed in Table Inc., 1 PPG Place, Pitts- Products Group, 1735 1 of this unit. burgh, PA 15272. Market, Room 1978, Phila- 7364 ...... GLB Pool & Spa, W175 delphia, PA 19103. TABLE 2—REGISTRANTS OF N11163 Stonewood Drive, CANCELLED PRODUCTS Suite 234, Germantown, WI 53022. III. Summary of Public Comments 47371 ...... H & S Chemical Division, 90 Received and Agency Response to EPA company Boroline Road, Allendale, Comments No. Company name and address NJ 07401. 53883 ...... Control Solutions Inc., 5903 During the public comment period 577 ...... The Sherwin-Williams Co., Genoa-Red Bluff Road, provided, EPA received no comments in 101 Prospect Avenue, Pasadena, TX 77507. response to the February 29, 2012 Cleveland, OH 44115. MD080002 ..... Syngenta Crop Protection, Federal Register notice announcing the 707 ...... Rohm & Haas Co., 100 LLC, D/B/A Syngenta Independence Mall, West Agency’s receipt of the requests for Crop Protection, Inc., P.O. voluntary cancellations of products Philadelphia, PA 19106. Box 18300, Greensboro, 1448 ...... Buckman Laboratories Inc., NC 27419–8300. listed in Table 1 of Unit II. In addition, 1256 North Mclean Boule- OR000023; GB Biosciences Corporation, five pesticide products listed in the vard, Memphis, TN 38108. WA000003. 410 Swing Road, P.O. February 29, 2012 Federal Register 1529 ...... International Specialty Prod- Box 18300, Greensboro, notice announcing the requests for ucts, 1361 Alps Road, NC 27419–5458. voluntary cancellations were previously Wayne, NJ 07470. WA030013; Makhteshim-Agan of North cancelled under separate cancellation 2829 ...... Rohm and Haas Company, WA030017; America, Inc., 3120 orders. EPA Reg. Nos. 000322–00008, 100 S Independence Mall WA030018. Highwoods Blvd., Suite 001677–00199, 008177–00071, 010807– West, STE 1A, Philadel- 100, Raleigh, NC 27604. phia, PA 19106. WA060006; BASF Corporation, Agricul- 00447, and 035975–00004 were 4822 ...... S.C. Johnson & Son Inc., WA060018; tural Products, 26 Davis previously canceled under separate 1525 Howe Street, CO080003. Drive, P.O. Box 13528, Federal Register Notices. The following Racine, WI 53403. Research Triangle Park, table lists each product by FRL No. and NC 27709–3528. date of cancellation.
TABLE 3—PRODUCTS CANCELLED IN PREVIOUS PUBLICATIONS
EPA registration No. Docket No. Federal Register date and No.
000322–00008 ...... EPA–HQ–OPP–2012–0489 ...... 7/27/12 (77 FR 44229) (FRL–9355–7) 008177–00071 035975–00004 001677–00199 ...... EPA–HQ–OPP–2012–0014 ...... 8/31/11 (76 FR 54230) (FRL–8885–6) 010807–00447 * ...... EPA–HQ–OPP–2009–1017 ...... 2/15/12 (77 FR 12299) (FRL–9336–2) * Note: EPA Reg. No. 010807–00447 was corrected on 8/31/12 (77 FR 53198) (FRL–9357–6) to include this number in the Federal Register instead of 010807–00448 that was made in error.
IV. Cancellation Order V. What is the agency’s authority for VI. Provisions for Disposition of taking this action? Existing Stocks Pursuant to FIFRA section 6(f), EPA hereby approves the requested Section 6(f)(1) of FIFRA provides that Existing stocks are those stocks of cancellations of the registrations a registrant of a pesticide product may registered pesticide products which are identified in Table 1 of Unit II. at any time request that any of its currently in the United States and Accordingly, the Agency hereby orders pesticide registrations be canceled or which were packaged, labeled, and that the product registrations identified amended to terminate one or more uses. released for shipment prior to the in Table 1 of Unit II are canceled. The FIFRA further provides that, before effective date of the cancellation action. The existing stocks provisions for the effective date of the cancellations that acting on the request, EPA must publish products subject to this order are as are the subject of this notice is October a notice of receipt of any such request follows. 17, 2012. Any distribution, sale, or use in the Federal Register. Thereafter, of existing stocks of the products following the public comment period, A. Registrations Listed in Table 1 of Unit identified in Table 1 of Unit II. in a the EPA Administrator may approve II Except for Registration No. WA860012 manner inconsistent with any of the such a request. The notice of receipt for The registrants may continue to sell provisions for disposition of existing this action was published for comment and distribute existing stocks of stocks set forth in Unit VI. below, will in the Federal Register issue of products listed in Table 1 of Unit II., be a violation of FIFRA. February 29, 2012 (77 FR 12299) (FRL– except for Furadan 15 G Insecticide 9336–2). The comment period closed on Nemanticide, with Registration No. August 27, 2012. WA860012, until October 17, 2013, which is 1 year after the publication of
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the Cancellation Order in the Federal product. This collection of information Need and Use: The form represents Register. Thereafter, the registrants are is used by exporters to convey legal the exporter’s directive to Ex-Im Bank to prohibited from selling or distributing rights to, and describe the duties and whom and where the insurance products listed in Table 1, except for obligations that have to be met by their proceeds should be sent, and also export in accordance with FIFRA financial institution lender in order to describes the duties and obligations that section 17, or proper disposal. Persons share insurance policy proceeds from have to be met by the financial other than the registrants may sell, Ex-Im Bank approved insurance claims. institution in order to share in the distribute, or use existing stocks of The changes that were made to this policy proceeds. The form is typically products listed in Table 1 of Unit II., agreement include language part of the documentation required by except for Furadan 15 G Insecticide clarifications and changes to the financial institution lenders in order to Nemanticide, with Registration No. descriptions of the rights and provide financing of an exporter’s WA860012, until existing stocks are obligations of the parties to the foreign accounts receivable. Foreign exhausted, provided that such sale, agreement. The changes were made to accounts receivable insured by Ex-Im distribution, or use is consistent with provide clarity and specificity for Bank represent stronger collateral to the terms of the previously approved exporters/lenders based on issues that secure the financing. By recording labeling on, or that accompanied, the have arisen through either exporter/ which policyholders have completed canceled products. lender inquiries or interpretations made this form, Ex-Im Bank is able to during processing of claims. The determine how many of its exporter B. Registration No. WA860012 language of the existing agreement policyholders require Ex-Im Bank The effective date of cancellation of frequently results in improper insurance policies to support lender Furadan 15 G Insecticide-Nemanticide, documentation by our lender partners financing. Registration No. WA860012 is October which increases claim processing times Affected Public: This form affects 17, 2012. Continued sale and and causes significant resource burdens entities involved in the export of U.S. distribution of existing stocks of this to Ex-Im Bank. The language in the goods and services. product is no longer allowed. existing agreement also creates the Registrants are prohibited from selling potential for fraud, resulting in losses to Estimated respondents per 110. and/or distributing this product except Ex-Im Bank. Recent changes to the Ex- year. for export consistent with FIFRA section Im Bank Charter (12 U.S.C. 635(i)(2)(i) Frequency of Responses ...... yearly. 7 or for proper disposal. and a–6(b)) mandate that Ex-Im Bank Estimated hours per response 15 minutes. must develop practices to identify, Estimated annual burden 27.5 hours. List of Subjects hours. prevent and monitor for potential fraud. Reviewing time in hours ...... 1 hour. Environmental protection, Pesticides Therefore changes to the agreement Responses per year ...... 110. and pests. were required to comply with this Review time per year ...... 110 hours. Dated: October 5, 2012. mandate and protect the U.S. taxpayer Average wages per hour ...... $32.50. Average cost per year ...... $3,575.00. Richard P. Keigwin, Jr., from fraud related loss. In addition, the changes to this agreement protect Ex-Im Benefits and Overhead ...... 28%— Director, Pesticide Re-evaluation Division, $1000. Office of Pesticide Programs. Bank’s lender partners who are parties to the agreement, allowing us to Total Government Cost ...... $4,575.00. [FR Doc. 2012–25426 Filed 10–16–12; 8:45 am] maintain our relationships with our The annual cost to the Government BILLING CODE 6560–50–P lender partners, and fulfill our agency would be $4,575.00. mission to finance exports (through our Sharon A. Whitt, lender partners) and create jobs. Due to EXPORT-IMPORT BANK the Ex-Im Bank Charter mandate to Agency Clearance Officer. [FR Doc. 2012–25508 Filed 10–16–12; 8:45 am] [Public Notice 2012–0531] reduce fraud, the changes in the form need to be immediately disseminated to BILLING CODE 6690–01–P Agency Information Collection exporters/lenders so that they can Activities: Comment Request change practices where needed, especially where documentation of FEDERAL COMMUNICATIONS AGENCY: Export-Import Bank of the U.S. export transactions is involved. COMMISSION ACTION: Submission for OMB Review This application can be viewed at [DA 12–1616] and Comments Request. www.exim.gov/pub/pending/EIB92- 53.PDF. Consumer Advisory Committee Form Title: EIB 92–53 Small Business Multi-Buyer Export Credit Insurance DATES: Comments should be received on AGENCY: Federal Communications Policy Enhanced Assignment of Policy or before December 17, 2012 to be Commission. assured of consideration. Proceeds. ACTION: Notice. SUMMARY: The Export-Import Bank of ADDRESSES: Comments may be the U.S. (Ex-Im Bank) pursuant to the submitted through www.regulations.gov SUMMARY: The Commission announces Export-Import Bank Act of 1945, as or mailed to Walter Kosciow, Export the next meeting date, time, and agenda amended (12 U.S.C. 635, et seq.), Import Bank of the United States, 811 of its Consumer Advisory Committee facilitates the finance of export of U.S. Vermont Ave. NW., Washington, DC (Committee). The purpose of the goods and services. By neutralizing the 20571. Committee is to make recommendations effect of export credit insurance and SUPPLEMENTARY INFORMATION: to the Commission regarding matters guarantees offered by foreign Titles and Form Number: EIB 92–53 within the jurisdiction of the governments and by absorbing credit Small Business Multi-Buyer Export Commission and to facilitate the risks that the private sector will not Credit Insurance Policy Enhanced participation of all consumers in accept, Ex-Im Bank enables U.S. Assignment of Policy Proceeds. proceedings before the Commission. exporters to compete fairly in foreign OMB Number: 3048–XXXX. DATES: The next meeting of the markets on the basis of price and Type of Review: New. Committee will take place on Friday,
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November 2, 2012, 9:00 a.m. to 4:00 User’s Guide at: http://accessibleevent. Synopsis: The amendment clarifies p.m., at the Commission’s Headquarters com/doc/user_guide/. that the agreement covers U.S. export Building, Commission Meeting Room, The public may ask questions of trades only, adds Libya and Lebanon to TW–C305. presenters via email at the geographic scope of the agreement, ADDRESSES: Federal Communications [email protected] or via Twitter and corrects the U.S. address of Hoegh Commission, 445 12th Street SW., using the hashtab #fcclive. In addition, Autoliners. Washington, DC 20554. the public may also follow the meeting Agreement No.: 011741–018. on Twitter @fcc or via the Commission’s Title: U.S. Pacific Coast-Oceania FOR FURTHER INFORMATION CONTACT: Facebook page at www.facebook.com/ Agreement. Scott Marshall, Consumer and fcc. Parties: A.P. Moller-Maersk A/S; ANL Governmental Affairs Bureau, (202) Alternatively, written comments to Singapore PTE Ltd./CMA CGM S.A.; 418–2809 (Voice or Relay), or email the Committee may be sent to: Scott Hamburg-Sud; and Hapag-Lloyd AG. [email protected]. Marshall, Designated Federal Officer of Filing Party: Wayne R. Rohde, Esq.; SUPPLEMENTARY INFORMATION: This is a the Committee at the address provided Cozen O’Connor; 1627 I Street NW., summary of the Commission’s above. Suite 1100; Washington, DC 20006. document DA 12–1616 released October The meeting is open to the public and Synopsis: The amendment would 11, 2012, announcing the agenda, date the site is fully accessible to people adjust the minimum and maximum size and time of the Committee’s next using wheelchairs or other mobility of vessels which can be deployed by the meeting. aids. Sign language interpreters, open parties. captioning, assistive listening devices, Meeting Agenda and Braille copies of the agenda and By Order of the Federal Maritime Commission. At its November 2, 2012 meeting, it is handouts will be provided on site. Other reasonable accommodations for Dated: October 12, 2012. expected that the Committee will Rachel E. Dickon, consider a recommendation from its people with disabilities are available Assistant Secretary. Disability Working Group concerning upon request. The request should updating of the Commission’s rules include a detailed description of the [FR Doc. 2012–25568 Filed 10–16–12; 8:45 am] regarding Speech-to-Speech Relay accommodation needed and contact BILLING CODE 6730–01–P Service (including implementation of information. Please provide as much video Speech-to-Speech Relay Service). advance notice as possible; last minute A second recommendation for the requests will be accepted, but may be FEDERAL RESERVE SYSTEM Committee’s consideration, also impossible to fill. Send an email to Change in Bank Control Notices; proposed by its Disability Working [email protected] or call the Consumer Acquisitions of Shares of a Bank or Group, urges the Commission to include and Governmental Affairs Bureau at Bank Holding Company people with disabilities, low income, 202–418–0530 (voice), 202–418–0432 (TTY). and underserved populations in its The notificants listed below have Mobile Health (mHealth) initiative. In Federal Communications Commission. applied under the Change in Bank addition, the Committee’s Media Kris Anne Monteith, Control Act (12 U.S.C. 1817(j)) and Working Group is expected to offer a Acting Chief, Consumer and Governmental § 225.41 of the Board’s Regulation Y (12 recommendation to the Committee Affairs Bureau. CFR 225.41) to acquire shares of a bank regarding disclosure in political [FR Doc. 2012–25565 Filed 10–16–12; 8:45 am] or bank holding company. The factors advertising. The Committee may also BILLING CODE 6712–01–P that are considered in acting on the consider other recommendations from notices are set forth in paragraph 7 of its working groups, and may also the Act (12 U.S.C. 1817(j)(7)). receive briefings from FCC staff and FEDERAL MARITIME COMMISSION The notices are available for outside speakers on matters of interest immediate inspection at the Federal to the Committee. A limited amount of Notice of Agreements Filed Reserve Bank indicated. The notices time will be available on the agenda for The Commission hereby gives notice also will be available for inspection at questions and comments from the of the filing of the following agreements the offices of the Board of Governors. public. under the Shipping Act of 1984. Interested persons may express their Meetings of the Committee are also Interested parties may submit comments views in writing to the Reserve Bank broadcast live with open captioning on the agreements to the Secretary, indicated for that notice or to the offices over the Internet from the FCC Live web Federal Maritime Commission, of the Board of Governors. Comments page at www.fcc.gov/live/. Washington, DC 20573, within ten days must be received not later than October Simultaneous with the webcast, the of the date this notice appears in the 30, 2012. meeting will be available through Federal Register. Copies of the A. Federal Reserve Bank of San Accessible Event, a service that works agreements are available through the Francisco (Kenneth Binning, Vice with a web browser to make Commission’s Web site (www.fmc.gov) President, Applications and presentations accessible to people with or by contacting the Office of Enforcement) 101 Market Street, San disabilities. Persons wishing to attend Agreements at (202)–523–5793 or Francisco, California 94105–1579: through Accessible Event can listen to [email protected]. 1. Thomas Galt Atwood, Glen Ellen, the audio and use a screen reader to Agreement No.: 011502–005. California, and Cypress Abbey read displayed documents, and can Title: NYK/HUAL Space Charter and Company, Colma, California: to retain watch the video with open captioning. Cooperative Working Agreement. 10 percent or more of the outstanding The Web site to access Accessible Event Parties: Hoegh Autoliners AS and shares of capital stock of FNB Bancorp, is http://accessibleevent.com. The web Nippon Yusen Kaisha (‘‘NYK’’). and thereby indirectly retain 10 percent page prompts for an Event Code which Filing Party: Wayne R. Rohde, Esq.; or more of the voting shares of First is: 005202376. To learn about the Cozen O’Connor; 1627 I Street NW.; National Bank of Northern California, features of Accessible Event, consult its Suite 1100; Washington, DC 20006. both of South San Francisco, California.
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Board of Governors of the Federal Reserve the voting shares of Freeport State Bank, FTC Rule 2.34, 16 CFR 2.34, notice is System, October 12, 2012. Harper, Kansas. hereby given that the above-captioned Robert deV. Frierson, 2. Legacy Financial, Inc., Johnson, consent agreement containing a consent Secretary of the Board. Kansas; to become a bank holding order to cease and desist, having been [FR Doc. 2012–25511 Filed 10–16–12; 8:45 am] company by acquiring 100 percent of filed with and accepted, subject to final BILLING CODE 6210–01–P the outstanding voting shares of First approval, by the Commission, has been National Bank of Syracuse, Syracuse, placed on the public record for a period Kansas. of thirty (30) days. The following FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Analysis to Aid Public Comment System, October 12, 2012. describes the terms of the consent Formations of, Acquisitions by, and Robert deV. Frierson, agreement, and the allegations in the Mergers of Bank Holding Companies complaint. An electronic copy of the Secretary of the Board. full text of the consent agreement The companies listed in this notice [FR Doc. 2012–25512 Filed 10–16–12; 8:45 am] package can be obtained from the FTC have applied to the Board for approval, BILLING CODE 6210–01–P Home Page (for October 10, 2012), on pursuant to the Bank Holding Company the World Wide Web, at http:// Act of 1956 (12 U.S.C. 1841 et seq.) www.ftc.gov/os/actions.shtm. A paper (BHC Act), Regulation Y (12 CFR Part FEDERAL TRADE COMMISSION copy can be obtained from the FTC 225), and all other applicable statutes [File No. 102 3252] Public Reference Room, Room 130–H, and regulations to become a bank 600 Pennsylvania Avenue NW., holding company and/or to acquire the Equifax Information Services LLC; Washington, DC 20580, either in person assets or the ownership of, control of, or Analysis of Proposed Consent Order or by calling (202) 326–2222. the power to vote shares of a bank or To Aid Public Comment You can file a comment online or on bank holding company and all of the paper. For the Commission to consider banks and nonbanking companies AGENCY: Federal Trade Commission. your comment, we must receive it on or owned by the bank holding company, ACTION: Proposed Consent Agreement. before November 9, 2012. Write including the companies listed below. ‘‘Equifax Info Services, File No. 102 The applications listed below, as well SUMMARY: The consent agreement in this 3252’’ on your comment. Your comment as other related filings required by the matter settles alleged violations of B including your name and your state B Board, are available for immediate federal law prohibiting unfair or will be placed on the public record of inspection at the Federal Reserve Bank deceptive acts or practices or unfair this proceeding, including, to the extent indicated. The applications will also be methods of competition. The attached practicable, on the public Commission available for inspection at the offices of Analysis to Aid Public Comment Web site, at http://www.ftc.gov/os/ the Board of Governors. Interested describes both the allegations in the publiccomments.shtm. As a matter of persons may express their views in draft complaint and the terms of the discretion, the Commission tries to writing on the standards enumerated in consent order—embodied in the consent remove individuals’ home contact the BHC Act (12 U.S.C. 1842(c)). If the agreement—that would settle these information from comments before proposal also involves the acquisition of allegations. placing them on the Commission Web a nonbanking company, the review also DATES: Comments must be received on site. includes whether the acquisition of the or before November 9, 2012. Because your comment will be made nonbanking company complies with the ADDRESSES: Interested parties may file a public, you are solely responsible for standards in section 4 of the BHC Act comment at https://ftcpublic.comment making sure that your comment does (12 U.S.C. 1843). Unless otherwise works.com/ftc/equifaxinfoservices not include any sensitive personal noted, nonbanking activities will be consent online or on paper, by following information, like anyone’s Social conducted throughout the United States. the instructions in the Request for Security number, date of birth, driver’s license number or other state Unless otherwise noted, comments Comment part of the SUPPLEMENTARY identification number or foreign country regarding each of these applications INFORMATION section below. Write equivalent, passport number, financial must be received at the Reserve Bank ‘‘Equifax Info Services, File No. 102 account number, or credit or debit card indicated or the offices of the Board of 3252’’ on your comment and file your number. You are also solely responsible Governors not later than November 1, comment online at https://ftcpublic. for making sure that your comment does 2012. commentworks.com/ftc/equifaxinfo not include any sensitive health A. Federal Reserve Bank of Chicago servicesconsent, by following the information, like medical records or (Colette A. Fried, Assistant Vice instructions on the web-based form. If other individually identifiable health President) 230 South LaSalle Street, you prefer to file your comment on information. In addition, do not include Chicago, Illinois 60690–1414: paper, mail or deliver your comment to any ‘‘[t]rade secret or any commercial or 1. VisionBankshares, Inc., Boone, the following address: Federal Trade financial information which * * * is Iowa; to become a bank holding Commission, Office of the Secretary, privileged or confidential,’’ as discussed company by merging with Ogden Room H–113 (Annex D), 600 in Section 6(f) of the FTC Act, 15 U.S.C. Bancshares, Inc., Boone, Iowa, and Pennsylvania Avenue NW., Washington, 46(f), and FTC Rule 4.10(a)(2), 16 CFR thereby indirectly acquire voting shares DC 20580. 4.10(a)(2). In particular, do not include of Ames Community Bank, Ames, Iowa. FOR FURTHER INFORMATION CONTACT: competitively sensitive information B. Federal Reserve Bank of Kansas Katherine Armstrong (202–326–3250), such as costs, sales statistics, City (Dennis Denney, Assistant Vice FTC, Bureau of Consumer Protection, inventories, formulas, patterns, devices, President) 1 Memorial Drive, Kansas 600 Pennsylvania Avenue NW., manufacturing processes, or customer City, Missouri 64198–0001: Washington, DC 20580. names. 1. Freeport Bancshares, Inc., Argonia, SUPPLEMENTARY INFORMATION: Pursuant If you want the Commission to give Kansas; to become a bank holding to Section 6(f) of the Federal Trade your comment confidential treatment, company by acquiring 100 percent of Commission Act, 15 U.S.C. 46(f), and you must file it in paper form, with a
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request for confidential treatment, and and will decide whether it should information, and failing to make you have to follow the procedure withdraw from the agreement and take reasonable efforts to verify the uses explained in FTC Rule 4.9(c), 16 CFR appropriate action or make final the certified by each prospective user prior 4.9(c).1 Your comment will be kept agreement’s proposed order. to furnishing such user a consumer confidential only if the FTC General According to the Commission’s report. According to the proposed Counsel, in his or her sole discretion, proposed complaint Equifax is a complaint, Equifax failed to maintain grants your request in accordance with ‘‘consumer reporting agency’’ (‘‘CRA’’) reasonable procedures to limit the the law and the public interest. that sells ‘‘prescreened lists,’’ which are furnishing of the prescreened lists it Postal mail addressed to the lists of consumers that meet certain pre- sold to Direct Lending by: (1) Failing to Commission is subject to delay due to selected criteria such as consumers who investigate promptly or fully on certain heightened security screening. As a were, among other things, 30, 60, or 90 occasions when it learned that Direct result, we encourage you to submit your days late on their mortgage payments. Lending was violating Equifax’s internal comments online. To make sure that the Such prescreened lists are ‘‘consumer policies relating to prescreening; and (2) Commission considers your online reports’’ because information such as furnishing prescreened lists to Direct comment, you must file it at https:// whether a consumer is 30, 60, or 90 Lending although it knew or should ftcpublic.commentworks.com/ftc/ days late on a mortgage payment bears have known that Direct Lending resold equifaxinfoservicesconsent by following on, among other things, a consumer’s the prescreened lists, in multiple the instructions on the web-based form. credit worthiness and credit standing instances, without identifying the end If this Notice appears at http:// and is used or expected to be used as user to Equifax. The complaint alleges www.regulations.gov/#!home, you also a factor in determining a consumer’s that, given Direct Lending’s failures, may file a comment through that Web eligibility for credit. The only Equifax had reason to believe that the site. permissible purpose under the Fair entities to whom its prescreened lists If you file your comment on paper, Credit Reporting Act (‘‘FCRA’’) for using were being sold did not have a write ‘‘Equifax Info Services, File No. a prescreened list is to make a ‘‘firm permissible purpose for obtaining the 102 3252’’ on your comment and on the offer of credit or insurance.’’ A firm lists. Nonetheless, Equifax continued to envelope, and mail or deliver it to the offer of credit is one that will be sell prescreened lists to Direct Lending. following address: Federal Trade honored, subject to limited exceptions, The proposed complaint further alleges Commission, Office of the Secretary, if the consumer continues to meet the that Equifax provided prescreened lists Room H–113 (Annex D), 600 selection criteria. to Direct Lending through an online Pennsylvania Avenue NW., Washington, First, the Commission’s proposed portal and also provided access to the DC 20580. If possible, submit your complaint alleges that Equifax violated portal to third parties in connection paper comment to the Commission by Section 604(c) of the FCRA by with Direct Lending’s prescreening courier or overnight service. furnishing consumer reports to persons operations, but did not make reasonable Visit the Commission Web site at that it did not have reason to believe efforts to verify the identity of these http://www.ftc.gov to read this Notice had a permissible purpose to obtain a entities, and accordingly, could not and the news release describing it. The consumer report. The proposed ensure that these entities would only FTC Act and other laws that the complaint alleges that from January 1, use the lists for a permissible purpose. Commission administers permit the 2008 through early 2010, Equifax sold Finally, the proposed complaint also collection of public comments to prescreened lists to Direct Lending alleges Equifax violated Section 5(a) of consider and use in this proceeding as Source, Inc. or its affiliates, Bailey & the FTC Act by failing to employ appropriate. The Commission will Associates Advertising, Inc. and Virtual reasonable and appropriate measures to consider all timely and responsive Lending Source, LLC (collectively control access to the sensitive consumer public comments that it receives on or ‘‘Direct Lending’’) which included, financial information it maintains and before November 9, 2012. You can find among other things, consumers’ credit sells for prescreening services. The more information, including routine scores and whether they were 30, 60, or complaint alleges that Equifax’s failures uses permitted by the Privacy Act, in 90 days late on their mortgage resulted in prescreened lists being sold the Commission’s privacy policy, at payments. The proposed complaint to a number of entities that were http://www.ftc.gov/ftc/privacy.htm. further alleges that in many instances, ultimately the subject of actions or Direct Lending did not have a warnings by law enforcement and that Analysis of Agreement Containing permissible purpose to obtain consumer Equifax’s lack of reasonable procedures Consent Order To Aid Public Comment reports under the FCRA but rather, caused or is likely to cause substantial The Federal Trade Commission has Direct Lending used and sold these lists consumer injury that is not reasonably accepted, subject to final approval, a for the purpose of marketing products avoidable by consumers and is not consent agreement from Equifax and services to consumers in financial outweighed by benefits to consumers or Information Services LLC (‘‘Equifax’’). distress. For example, the complaint competition. The proposed consent order has been alleges Direct Lending sold lists to The proposed order contains placed on the public record for thirty marketers for the purpose of targeting provisions designed to prevent Equifax (30) days for receipt of comments by consumers in financial distress for loan from engaging in the future in practices interested persons. Comments received modification, debt relief, and similar to those alleged in the during this period will become part of foreclosure relief services. complaint. the public record. After thirty (30) days, Second, the proposed complaint Part I of the proposed order prohibits the Commission will again review the alleges that Equifax violated Section Equifax from: (1) Furnishing a agreement and the comments received, 607(a) of the FCRA by failing to prescreened list to any person which maintain reasonable procedures to limit Equifax does not have reason to believe 1 In particular, the written request for confidential the furnishing of consumer reports to has a permissible purpose under section treatment that accompanies the comment must the purposes listed under section 604(c) 604(c) of the FCRA; (2) failing to include the factual and legal basis for the request, and must identify the specific portions of the of the FCRA, failing to make reasonable maintain reasonable procedures comment to be withheld from the public record. See efforts to verify the identity of each new designed to limit the furnishing of FTC Rule 4.9(c), 16 CFR 4.9(c). prospective user of consumer report prescreened lists to the purposes listed
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under section 604(c) of the FCRA; and GENERAL SERVICES screen. Please include your name, (3) furnishing consumer reports ADMINISTRATION company name (if any), and pursuant to section 604(c) of the FCRA, ‘‘Information Collection 3090–0283, [Docket 2012–0001; Sequence 13; OMB Temporary Contractor Information in connection with solicitations for debt Control NO. 3090–0283] relief products or services, or mortgage Sheet’’ on your attached document. assistance relief products or services • Fax: 202–501–4067. Office of the Chief Information Officer; • offered by entities that respondent has Submission for OMB Review; Mail: General Services reasonable grounds for believing charge Temporary Contractor Information Administration, Regulatory Secretariat advance fees for such services, unless: Worksheet (MVCB), 1275 First Street NE., (a) The product or service is the Washington, DC 20417. ATTN: Hada refinancing of a dwelling loan; or (b) the AGENCY: Identity, Credential, and Flowers/IC 3090–0283, Temporary entity offering the product or service is Access Management (ICAM) Division, Contractor Information Sheet. an attorney. Office of Enterprise Solutions (IA), Instructions: Please submit comments Office of the Chief Information Officer only and cite Information Collection Part II of the proposed order requires (OCIO), General Services 3090–0283, Temporary Contractor Equifax to pay $392,803 in Administration (GSA). Information Sheet, in all disgorgement. ACTION: Notice of request for comments correspondence related to this Part III through VII of the proposed regarding an extension to an existing collection. All comments received will order are reporting and compliance OMB clearance. be posted without change to http:// provisions. Part III requires that Equifax www.regulations.gov, including any retain for a period of five (5) years: (1) SUMMARY: Under the provisions of the personal and/or business confidential Files containing the names, addresses, Paperwork Reduction Act, the General information provided. Services Administration will be telephone numbers, and all FOR FURTHER INFORMATION CONTACT: Mr. certifications made by persons seeking submitting to the Office of Management Phil Ahn, Director, OCIO Identity to obtain prescreened lists from Equifax and Budget (OMB) a request to review Credential and Access Management in order to finance the product or and approve a previously approved Division, GSA, telephone (202) 501– service provided by a third party, and information collection requirement 2447 or via email at [email protected]. regarding temporary contractor all materials considered by Equifax in SUPPLEMENTARY INFORMATION: connection with its verification of the information worksheet. A notice was identity of those persons and published in the Federal Register at 77 A. Purpose verification of the certifications made by FR 40884, on July 11, 2012. No The U.S. Government conducts those persons; (2) copies of all training comments were received. criminal checks to establish that materials and marketing materials that GSA requires OMB approval for this applicants or incumbents working for relate to Equifax’s prescreening collection to make determinations on the Government under contract may granting unescorted physical access to activities as alleged in the complaint have unescorted access to GSA- GSA-controlled facilities. The approval and Equifax’s compliance with the controlled facilities. GSA uses the is critical for GSA to continue to make provisions of this order; and (3) all Temporary Contractor Information physical access determinations for records necessary to demonstrate full Worksheet and the FBI Form FD–258 temporary contractors as a result of the compliance with each provision of this Fingerprint Card to conduct a FBI American Recovery and Reinvestment order, including all submissions to the National Criminal Information Check Act of 2009 (Public Law 111–5). Commission. (NCIC) for each temporary contractor Public comments are particularly (working on contract for six months or Part IV requires dissemination of the invited on: Whether this collection of order now and in the future to less and require physical access only) information is necessary and whether it on GSA contracts for American principals, officers, directors, and will have practical utility; whether our Recovery and Reinvestment Act of 2009 managers, and to all current and future estimate of the public burden of this (Pub. L. 111–5) efforts to determine employees, agents, and representatives collection of information is accurate, whether to grant unescorted access to having responsibilities relating to the and based on valid assumptions and GSA-controlled facilities. GSA will subject matter of the order. Part V methodology; ways to enhance the continue to make physical access ensures notification to the FTC of quality, utility, and clarity of the determinations for temporary changes in corporate status. Part VI information to be collected. contractors due to the American mandates that Equifax submit an initial DATES: Submit comments on or before: Recovery and Reinvestment Act of 2009. compliance report to the FTC and make November 16, 2012. The Office of Management and Budget available to the FTC subsequent reports. ADDRESSES: Submit comments (OMB) Guidance M–05–24 for Part VII is a provision ‘‘sunsetting’’ the identified by Information Collection Homeland Security Presidential order after twenty (20) years, with 3090–0283, Temporary Contractor Directive (HSPD) 12 authorizes Federal certain exceptions. Information Sheet, by any of the departments and agencies to ensure that The purpose of the analysis is to aid following methods: temporary contractors have limited/ public comment on the proposed order. • Regulations.gov: http:// controlled access to facilities and It is not intended to constitute an www.regulations.gov. information systems. GSA Directive CIO official interpretation of the proposed Submit comments via the Federal P 2181.1 Homeland Security order or to modify its terms in any way. eRulemaking portal by searching the Presidential Directive-12 Personal By direction of the Commission. OMB control number. Select the link Identity Verification and Credentialing ‘‘Submit a Comment’’ that corresponds (available at http://www.gsa.gov/ Donald S. Clark, with ‘‘Information Collection 3090– hspd12) states that GSA temporary Secretary. 0283, Temporary Contractor Information contractors must undergo a minimum of [FR Doc. 2012–25563 Filed 10–16–12; 8:45 am] Sheet’’. Follow the instructions a FBI National Criminal Information BILLING CODE 6750–01–P provided at the ‘‘Submit a Comment’’ Check (NCIC) to receive unescorted
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physical access. Temporary contractors’ services designed to move individuals a growing industry (7.7% in 2010) with Social Security Number is needed to and families to self-sufficiency. sustainable opportunity for employment keep records accurate, because other and career growth. Increased people may have the same name and SUMMARY: The Administration for employment will promote sustainable birth date. Executive Order 9397 Children and Families (ACF), Office of development that will revitalize the Numbering System for Federal Accounts Family Assistance (OFA), Division of community and assist low-income Relating to Individual Persons also State and Territory TANF Management individuals in attaining economic self- allows Federal agencies to use this (DSTTM) announces the award of sufficiency. number to help identify individuals in single-source program expansion Connections to Success agency records. GSA describes how supplement grants of $131,666 each to information will be maintained in the Kanawha Institute for Social Research & Connections to Success is a 501(c)(3) Privacy Act system of record notice Action (KISRA) in Dunbar, WV, and non-profit organization nationally published in the Federal Register at 73 Connections to Success in Kansas City, recognized for its 13 years of outcomes- FR 35690 on June 24, 2008. MO. based work combating poverty in Connections to Success and KISRA Kansas and Missouri. Connections to B. Annual Reporting Burden offer community-centered, Success’s Pathways to Responsible Respondents: 1,250. comprehensive approaches to Fatherhood program currently Responses per Respondent: 1. promoting responsible fatherhood, and implements its Successful STEPS Hours per Response: .25. activities designed to promote economic (Services and Training to Empower Total Burden Hours: 313. stability, subsidized employment, and Parents) program, which provides skill- Obtaining Copies of Proposals: supportive services. The primary based parenting and relationship Requesters may obtain a copy of the purpose of the projects is to eliminate education, and promotes economic information collection documents from barriers for fathers to achieve social and stability to parents and/or couples who the General Services Administration, economic self-sufficiency through are currently receiving public assistance Regulatory Secretariat Division (MVCB), subsidized employment, including through the Kansas Department of 1275 First Street, NE., Washington, DC individuals preparing to reenter their Social and Rehabilitation Services. 20417, telephone (202) 501–4755. Please communities or those who have recently Supplemental funds will be used to cite OMB Control No. 3090–0283, returned to their communities following increase the funding available for Temporary Contractor Information incarceration. Both projects implement subsidized employment to provide an Worksheet in all correspondence. The three legislatively specified activities: additional 24 participants partial wage form can be downloaded from the GSA healthy marriage, responsible parenting, subsidization with private employers. Forms Library at http://www.gsa.gov/ and economic stability. Additionally, supplemental funds will forms. Type GSA 850 in the form search Kanawha Institute for Social Research be used to add one full-time job field. & Action (KISRA) developer to focus on creating additional employer partners for Dated: October 9, 2012. The Kanawha Institute for Social subsidized employment opportunities; Casey Coleman, Research & Action, Inc. was established one additional part-time trainer to allow Chief Information Officer. as a 501(c)(3) non-profit organization in for simultaneous trainings to occur at [FR Doc. 2012–25553 Filed 10–16–12; 8:45 am] 1993 to serve and empower West different locations; and one additional BILLING CODE 6820–34–P Virginians through an array of part-time case manager to lower the education, employment, economic ratio of participants to case managers. empowerment and behavioral health This will increase the level of assistance services in six West Virginia Counties: to each participant with the goal of DEPARTMENT OF HEALTH AND Kanawha, Cabell, Raleigh, Mercer, HUMAN SERVICES improved performance outcomes. Fayette and Wood, as well as at 14 In addition to the subsidized Administration for Children and correctional facilities in the state. employment services, both Supplemental funds will be used for Families organizations will include the provision KISRA’s Growing Jobs Project of the of supportive services to program [CFDA NUMBER: 93.086] West Virginia Pathways to Responsible participants, including comprehensive Fatherhood Initiative (GJP). The GJP case management to strengthen father, Announcement of the Award of Two program will serve at least 40 fathers couple, and family relationships. who meet the following criteria: (1) Single-Source Program Expansion DATES: September 30, 2012—September Present TANF recipients, former TANF Supplements to Grantees Under the 29, 2013. Pathways to Responsible Fatherhood recipients or whose children are FOR FURTHER INFORMATION CONTACT: Grants receiving TANF; (2) 200% or below the federal poverty level; (3) previously Robin Y. McDonald, Division Director, AGENCY: Office of Family Assistance, incarcerated. GJP will be housed at Office of Family Assistance, 370 ACF, HHS. KISRA’s headquarters in Dunbar, L’Enfant Promenade, SW., 5th Floor ACTION: Announcement of the award of Kanawha County. East, Washington, DC 20047. Telephone: single-source program expansion GJP is a subsidized employment (202) 401–5587 Email: supplements to Kanawha Institute for strategy that will create at least 20 jobs [email protected]. Social Research & Action (KISRA) in through the operation of an urban farm SUPPLEMENTARY INFORMATION: The Dunbar, WV, and Connections to and commercial kitchen. Wage Pathways to Responsible Fatherhood Success in Kansas City, MO, to support subsidies will support program Grants program (HHS–2011–ACF–OFA– Pathways to Responsible Fatherhood participants with starting salaries for FK–0194) funds programs that activities that promote responsible these jobs that range from $8 per hour demonstrate the ability to develop and fatherhood through the provision of to $15 per hour. The project responds to implement a comprehensive approach subsidized employment, family community needs and market trends, to promoting responsible fatherhood, reunification, and economic stability which demonstrate that organic foods is including activities designed to promote
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economic stability, foster responsible programs, workforce development, and L’Enfant Promenade SW., 5th Floor parenting, and promote healthy reentry programs designed to equip East, Washington, DC 20047. Telephone: marriage. Program designs that include people to achieve social and economic (202) 401–5587 Email: case management, and support services self-sufficiency. Activities include the [email protected]. that can facilitate program participation provision of economic stability, SUPPLEMENTARY INFORMATION: The and improved effectiveness, were subsidized employment, and supportive Community-Centered Responsible strongly encouraged. Finally, funding services. Upon release from prison, Fatherhood Ex-Prisoner Reentry Pilot under this program also supports participants continue in the program Project (HHS–2011–ACF–OFA–FO– comprehensive and effective and are served by The RIDGE Project or 0196) grants support to organizations employment services, including one of its regional partners. that offer community-centered, pre-and subsidized employment. The primary purpose is to eliminate post-release responsible fatherhood and Statutory Authority: The award is made barriers for fathers to achieve social and supportive services to formerly under the authority of Claims Resettlement economic self-sufficiency through incarcerated fathers, with the primary Act of 2010 (Pub. L. 111–291). subsidized employment for individuals purpose of eliminating barriers and preparing to reenter their communities Susan Golonka, supportive services to social and or those who have recently returned to economic self-sufficiency. Deputy Director, Office of Family Assistance, their communities following Administration for Children and Families. incarceration. The RIDGE Project also Statutory Authority: The award is made [FR Doc. 2012–25561 Filed 10–16–12; 8:45 am] implements three legislatively specified under the authority of Claims Resettlement Act of 2010 (Pub. L. 111–291). BILLING CODE 4184–35–P activities: Healthy marriage, responsible parenting, and economic stability. Susan Golonka, The program expansion supplement Deputy Director, Office of Family Assistance, DEPARTMENT OF HEALTH AND will support the project’s culinary arts Administration for Children and Families. HUMAN SERVICES training and employment, designed to [FR Doc. 2012–25486 Filed 10–16–12; 8:45 am] prepare program participants for careers Administration for Children and BILLING CODE 4184–35–P in the culinary field. According to Families recent data from the People Report [CFDA Number: 93.086] Workforce Index, which surveys DEPARTMENT OF HEALTH AND restaurant human resources HUMAN SERVICES Announcement of the Award of a departments and recruiters on trends in Single-Source Program Expansion employment, continued job growth is Food and Drug Administration Supplement to One Grantee Under the anticipated in the food service industry, Community-Centered Responsible with high levels of recruiting difficulty, [Docket No. FDA–2012–D–1056] Fatherhood Ex-Prisoner Reentry Pilot and a rise in vacancies/turnovers Draft Guidance for Industry and Food Project Grants expected. Employers are reporting that and Drug Administration Staff; eCopy though they have hundreds of AGENCY: Office of Family Assistance, Program for Medical Device applicants, they are finding it ACF, HHS. Submissions; Availability increasingly difficult to find employees ACTION: Announcement of the award of with the right skill set. AGENCY: Food and Drug Administration, a single-source program expansion The RIDGE Project will begin offering supplement to The RIDGE Project in HHS. an 8-week Culinary Arts training to ACTION: Notice. Defiance, OH to support the formerly incarcerated fathers who have Community-Centered Responsible successfully completed their flagship SUMMARY: The Food and Drug Fatherhood Ex-Prisoner Reentry Pilot responsible fatherhood and economic Administration (FDA) is announcing the Project activities that promote stability program and have evidenced availability of the draft guidance responsible fatherhood through the their commitment to responsible entitled ‘‘eCopy Program for Medical provision of subsidized employment, fatherhood and show an aptitude and Device Submissions.’’ The purpose of family reunification, and economic interest in the food service industry. the draft guidance is to explain the new stability services to formerly The program will provide students electronic copy (eCopy) program for incarcerated fathers designed to move with the basic skills necessary to medical device submissions. The draft individuals and families to self- function in an entry-level capacity in a guidance describes how FDA plans to sufficiency. restaurant or commercial kitchen. implement the eCopy Program under SUMMARY: The Administration for Successful students will complete the the Federal Food, Drug, and Cosmetic Children and Families (ACF), Office of program having achieved the Act (the FD&C Act). The inclusion of an TM Family Assistance (OFA), Division of ServSafe Certification, and will have eCopy is expected to improve the State and Territory TANF Management demonstrated the core skills necessary efficiency of the review process by (DSTTM) announces the award of a to begin work in food preparation or as allowing for the immediate availability single-source program expansion award a line cook entrance chef. Finally, upon of an electronic version for review of $131,666 to The RIDGE Project in satisfactory completion, The RIDGE rather than relying solely on the paper Defiance, OH. Project’s Workforce Development version. This draft guidance is not final The RIDGE Project is a 501(c)(3), Department will function to assist the nor is it in effect at this time. faith-based organization founded in fathers with job placement, including DATES: Although you can comment on 2000 and provides a broad range of subsidized wages in local restaurants. any guidance at any time (see 21 CFR services in Ohio to over 30,000 DATES: September 30, 2012–September 10.115(g)(5)), to ensure that the Agency individuals a year with over 100,000 29, 2013. considers your comment of this draft units of service each year. Their mission FOR FURTHER INFORMATION CONTACT: guidance before it begins work on the is to strengthen families through youth Robin Y. McDonald, Division Director, final version of the guidance, submit development, marriage and fatherhood Office of Family Assistance, 370 either electronic or written comments
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on the draft guidance by November 16, describes how FDA plans to implement CDRH guidance documents is available 2012. the eCopy Program under section at http://www.fda.gov/MedicalDevices/ ADDRESSES: Submit written requests for 745A(b) of the FD&C Act. The inclusion DeviceRegulationandGuidance/ single copies of the draft guidance of an eCopy is expected to improve the GuidanceDocuments/default.htm. document entitled ‘‘eCopy Program for efficiency of the review process by Guidance documents are also available Medical Device Submissions’’ to the allowing for the immediate availability at http://www.regulations.gov or from Division of Small Manufacturers, of an electronic version for review the CBER Internet site at http://www. International, and Consumer Assistance, rather than relying solely on the paper fda.gov/BiologicsBloodVaccines/ Center for Devices and Radiological version. GuidanceComplianceRegulatory Health (CDRH), Food and Drug The eCopy Program is not intended to Information/default.htm. To receive Administration, 10903 New Hampshire impact (reduce or increase) the type or ‘‘eCopy Program for Medical Device Ave., Bldg. 66, Rm. 4613, Silver Spring, amount of data the applicant includes in Submissions,’’ you may either send an MD 20993–0002; or to the Office of a submission to support clearance or email request to [email protected] to Communication, Outreach and approval. An eCopy is defined as an receive an electronic copy of the Development (HFM–40), Center for exact duplicate of the paper submission, document or send a fax request to 301– Biologics Evaluation and Research created and submitted on a compact 847–8149 to receive a hard copy. Please (CBER), Food and Drug Administration, disc, digital video disc, or in another use the document number 1797 to 1401 Rockville Pike, Suite 200N, electronic media format that FDA has identify the guidance you are Rockville, MD 20852–1448. Send one agreed to accept, accompanied by a requesting. copy of the signed cover letter and the self-addressed adhesive label to assist IV. Paperwork Reduction Act of 1995 the office in processing your request, or complete original paper submission. This draft guidance refers to fax your request to CDRH at 301–847– II. Significance of Guidance previously approved collections of 8149. The draft guidance may also be In section 745A(b), Congress granted information found in FDA regulations. obtained by mail by calling CBER at 1– explicit statutory authorization to FDA These collections of information are 800–835–4709 or 301–827–1800. See to implement the statutory eCopy subject to review by the Office of the SUPPLEMENTARY INFORMATION section requirement by providing standards, Management and Budget (OMB) under for electronic access to the draft criteria for waivers, and exemptions in the Paperwork Reduction Act of 1995 guidance. guidance. To the extent that this (44 U.S.C. 3501–3520). The collections Submit electronic comments on the document provides requirements under of information in 21 CFR part 807, draft guidance to http:// section 745A(b)(2)(A) of the FD&C Act subpart E, have been approved under www.regulations.gov. Submit written (i.e., standards, criteria for waivers, and OMB control number 0910–0120 comments to the Division of Dockets exemptions), indicated by the use of the (510(k)); the collections of information Management (HFA–305), Food and Drug words must or required, this document in 21 CFR part 812 have been approved Administration, 5630 Fishers Lane, Rm. is not subject to the usual restrictions in under OMB control number 0910–0078 1061, Rockville, MD 20852. Identify FDA’s good guidance practice (Investigational Device Exemptions); the comments with the docket number regulations, such as the requirement collections of information in 21 CFR found in brackets in the heading of this that guidances not establish legally part 814 have been approved under document. enforceable responsibilities. (See 21 OMB control number 0910–0231 FOR FURTHER INFORMATION CONTACT: Phil CFR 10.115(d).) (Premarket Approval); the collections of Desjardins, Center for Devices and However, this document also contains information in section 513(g) of the Radiological Health, Food and Drug guidance on implementing the eCopy FD&C Act (21 U.S.C. 360c(g)) have been Administration, 10903 New Hampshire Program. To the extent that this approved under OMB control number Ave., Bldg. 66, Rm. 5452, Silver Spring, guidance describes recommendations 0910–0705 (513(g)); the collections of MD 20993–0002, 301–796–5678; or that are not standards, criteria for information in 21 CFR part 814, subpart Steve Ripley, Center for Biologics waivers, or exemptions under section H, have been approved under OMB Evaluation and Research (HFM–17), 745A(b)(2), it is being issued in control numbers 0910–0332 and 0910– Food and Drug Administration, 1401 accordance with FDA’s good guidance 0661 (Humanitarian Use Devices); and Rockville Pike, Suite 200N, Rockville, practices regulation (21 CFR 10.115). the collections of information in section MD 20852–1448, 301–827–6210. Such parts of this guidance, when 564 of the FD&C Act (21 U.S.C. 360bbb– SUPPLEMENTARY INFORMATION: finalized, will represent the Agency’s 3) have been approved under OMB current thinking on this topic, and do control number 0910–0595 (Emergency I. Background not create or confer any rights for or on Use Authorization). Prior to FDA is announcing the availability of any person and do not operate to bind implementation of this requirement or a draft guidance for industry and FDA FDA or the public. An alternative issuance of a final guidance on this staff entitled ‘‘eCopy Program for approach may be used for these topic FDA will update the existing OMB Medical Device Submissions.’’ This recommendations if such an approach approved information collections to guidance explains the new eCopy satisfies the requirements of the properly document the submission of Program for medical device applicable statutes and regulations. The information through both paper and submissions. At this time, submission of use of the word should in this guidance electronic means. an eCopy of a medical device means that something is suggested or V. Comments submission is voluntary. However, recommended, but not required. The section 745A(b) of the FD&C Act, added final guidance will contain both binding Interested persons may submit either by section 1136 of the Food and Drug and nonbinding provisions. written comments regarding this Administration Safety and Innovation document to the Division of Dockets Act (Pub. L. 112–144), requires the III. Electronic Access Management (see ADDRESSES) or submission of an eCopy of certain Persons interested in obtaining a copy electronic comments to http:// device submissions after issuance of of the draft guidance may do so by using www.regulations.gov. It is only final guidance. This draft guidance the Internet. A search capability for all necessary to send one set of comments.
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Identify comments with the docket DEPARTMENT OF HEALTH AND information line to learn about possible number found in brackets in the HUMAN SERVICES modifications before coming to the heading of this document. Received meeting. comments may be seen in the Division Food and Drug Administration Agenda: On November 14, 2012, the of Dockets Management between 9 a.m. [Docket No. FDA–2012–N–0001] committee will meet in open session to and 4 p.m., Monday through Friday, and discuss and make recommendations on will be posted to the docket at http:// Vaccines and Related Biological the safety and immunogenicity of an www.regulations.gov. Products Advisory Committee; Notice Influenza A (H5N1) Virus Monovalent of Meeting Vaccine manufactured by Dated: October 11, 2012. GlaxoSmithKline. On November 15, Leslie Kux, AGENCY: Food and Drug Administration, 2012, the committee will meet in open Assistant Commissioner for Policy. HHS. session to discuss and make [FR Doc. 2012–25494 Filed 10–16–12; 8:45 am] ACTION: Notice. recommendations on the safety and efficacy of a Hepatitis B Vaccine BILLING CODE 4160–01–P This notice announces a forthcoming manufactured by Dynavax. meeting of a public advisory committee FDA intends to make background of the Food and Drug Administration material available to the public no later DEPARTMENT OF HEALTH AND (FDA). The meeting will be open to the than 2 business days before the meeting. HUMAN SERVICES public. If FDA is unable to post the background Name of Committee: Vaccines and Food and Drug Administration material on its Web site prior to the Related Biological Products Advisory meeting, the background material will Committee. be made publicly available at the [Docket No. FDA–2012–N–0001] General Function of the Committee: location of the advisory committee To provide advice and meeting, and the background material Oncologic Drugs Advisory Committee; recommendations to the Agency on will be posted on FDA’s Web site after Cancellation FDA’s regulatory issues. the meeting. Background material is Date and Time: The meeting will be available at http://www.fda.gov/ AGENCY: Food and Drug Administration, held on November 14, 2012, between AdvisoryCommittees/Calendar/ HHS. approximately 8:30 a.m. and 4 p.m. and default.htm. Scroll down to the on November 15, 2012, between ACTION: Notice. appropriate advisory committee meeting approximately 8:30 a.m. and 2:30 p.m. link. Location: FDA White Oak Campus, Procedure: Interested persons may SUMMARY: The meeting of the Oncologic 10903 New Hampshire Ave., Building present data, information, or views, Drugs Advisory Committee Meeting 31 Conference Center, the Great Room orally or in writing, on issues pending scheduled for November 8, 2012, is (Rm. 1503), Silver Spring, MD 20993– before the committee. Written canceled. This cancellation applies to 0002. Information regarding special submissions may be made to the contact both the morning session and afternoon accommodations due to a disability, person on or before November 7, 2012. session of the meeting. This meeting visitor parking, and transportation may Oral presentations from the public will was announced in the Federal Register be accessed at: http://www.fda.gov/ be scheduled between approximately of September 20, 2012 (77 FR 58399). AdvisoryCommittees/default.htm; under 1:30 p.m. and 2 p.m. on November 14, The issues for which the FDA was the heading ‘‘Resources for You,’’ click 2012, and between approximately 12:15 seeking the scientific input of the on ‘‘Public Meetings at the FDA White p.m. and 12:45 p.m. on November 15, committee have been resolved. Oak Campus.’’ Please note that visitors 2012. Those individuals interested in to the White Oak Campus must enter making formal oral presentations should FOR FURTHER INFORMATION CONTACT: through Building 1. notify the contact person and submit a Caleb Briggs, Center for Drug Evaluation For those unable to attend in person, brief statement of the general nature of and Research, Food and Drug the meeting will also be Web cast. The the evidence or arguments they wish to Administration, 10903 New Hampshire link for the Web cast is available at: present, the names and addresses of Ave., Bldg. 31, rm. 2417, Silver Spring, https://collaboration.fda.gov/vrbpac. proposed participants, and an MD 20993–0002, 301–796–9001, FAX: Contact Person for More Information: indication of the approximate time 301–847–8533, email: Donald W. Jehn or Denise Royster, requested to make their presentation on [email protected], or FDA Advisory Center for Biologics Evaluation and or before October 30, 2012. Time Committee Information Line, 1–800– Research (HFM–71), Food and Drug allotted for each presentation may be 741–8138 (301–443–0572 in the Administration, 1401 Rockville Pike, limited. If the number of registrants Washington, DC area), and follow the Rockville, MD 20852, 301–827–0314, or requesting to speak is greater than can prompts to the desired center or product FDA Advisory Committee Information be reasonably accommodated during the area. Please call the Information Line for Line, 1–800–741–8138 (301–443–0572 scheduled open public hearing session, up-to-date information on this meeting. in the Washington, DC area). A notice in FDA may conduct a lottery to determine the Federal Register about last minute Dated: October 12, 2012. the speakers for the scheduled open modifications that impact a previously public hearing session. The contact Jill Hartzler Warner, announced advisory committee meeting person will notify interested persons Acting Associate Commissioner for Special cannot always be published quickly regarding their request to speak by Medical Programs. enough to provide timely notice. October 31, 2012. [FR Doc. 2012–25503 Filed 10–16–12; 8:45 am] Therefore, you should always check the Persons attending FDA’s advisory BILLING CODE 4160–01–P Agency’s Web site at http:// committee meetings are advised that the www.fda.gov/AdvisoryCommittees/ Agency is not responsible for providing default.htm and scroll down to the access to electrical outlets. appropriate advisory committee meeting FDA welcomes the attendance of the link, or call the advisory committee public at its advisory committee
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meetings and will make every effort to White Oak Campus must enter through p.m. and 2 p.m. Those individuals accommodate persons with physical Building 1. interested in making formal oral disabilities or special needs. If you Contact Person: Paul Tran, Center for presentations should notify the contact require special accommodations due to Drug Evaluation and Research, Food person and submit a brief statement of a disability, please contact Donald W. and Drug Administration, 10903 New the general nature of the evidence or Jehn or Denise Royster at least 7 days in Hampshire Avenue, WO31–2417, Silver arguments they wish to present, the advance of the meeting. Spring, MD 20993–0002, (301) 796– names and addresses of proposed FDA is committed to the orderly 9001, Fax: (301) 847–8533, email: participants, and an indication of the conduct of its advisory committee [email protected], or FDA Advisory approximate time requested to make meetings. Please visit our Web site at Committee Information Line, 1–800– their presentation on or before October http://www.fda.gov/ 741–8138 (301–443–0572 in the 25, 2012. Time allotted for each AdvisoryCommittees/ Washington, DC area), to find out presentation may be limited. If the AboutAdvisoryCommittees/ further information regarding FDA number of registrants requesting to ucm111462.htm for procedures on advisory committee information. A speak is greater than can be reasonably public conduct during advisory notice in the Federal Register about last accommodated during the scheduled committee meetings. minute modifications that impact a open public hearing session, FDA may Notice of this meeting is given under previously announced advisory conduct a lottery to determine the the Federal Advisory Committee Act (5 committee meeting cannot always be speakers for the scheduled open public U.S.C. app. 2). published quickly enough to provide hearing session. The contact person will timely notice. Therefore, you should Dated: October 10, 2012. notify interested persons regarding their always check the Agency’s Web site at request to speak by October 26, 2012. Jill Hartzler Warner, http://www.fda.gov/ Persons attending FDA’s advisory Acting Associate Commissioner for Special AdvisoryCommittees/default.htm and committee meetings are advised that the Medical Programs. scroll down to the appropriate advisory Agency is not responsible for providing [FR Doc. 2012–25484 Filed 10–16–12; 8:45 am] committee meeting link, or call the access to electrical outlets. BILLING CODE 4160–01–P advisory committee information line to FDA welcomes the attendance of the learn about possible modifications public at its advisory committee before coming to the meeting. meetings and will make every effort to DEPARTMENT OF HEALTH AND Agenda: The committee will discuss accommodate persons with physical HUMAN SERVICES the safety and efficacy of a new drug disabilities or special needs. If you application (NDA) 200677, pasireotide Food and Drug Administration require special accommodations due to injection (proposed trade name a disability, please contact Paul Tran at [Docket No. FDA–2012–N–0001] SIGNIFOR) for subcutaneous least 7 days in advance of the meeting. administration, submitted by Novartis FDA is committed to the orderly Endocrinologic and Metabolic Drugs Pharmaceuticals Corporation. conduct of its advisory committee Advisory Committee; Notice of Meeting Pasireotide is an analog (a chemical meetings. Please visit our Web site at compound that resembles another http://www.fda.gov/Advisory AGENCY: Food and Drug Administration, compound in structure) of somatostatin. Committees/AboutAdvisoryCommittees/ HHS. The proposed indication (use) for ucm111462.htm for procedures on ACTION: Notice. pasireotide injection is the treatment of public conduct during advisory patients with Cushing’s disease who committee meetings. This notice announces a forthcoming require medical intervention (Cushing’s Notice of this meeting is given under meeting of a public advisory committee disease is a rare medical condition of the Federal Advisory Committee Act (5 of the Food and Drug Administration excessive cortisol secretion that is U.S.C. app. 2). (FDA). The meeting will be open to the secondary to a tumor located in the Dated: October 10, 2012. public. pituitary gland). Name of Committee: Endocrinologic FDA intends to make background Jill Hartzler Warner, and Metabolic Drugs Advisory material available to the public no later Acting Associate Commissioner for Special Committee. than 2 business days before the meeting. Medical Programs. General Function of the Committee: If FDA is unable to post the background [FR Doc. 2012–25483 Filed 10–16–12; 8:45 am] To provide advice and material on its Web site prior to the BILLING CODE 4160–01–P recommendations to the Agency on meeting, the background material will FDA’s regulatory issues. be made publicly available at the Date and Time: The meeting will be location of the advisory committee DEPARTMENT OF HEALTH AND held on November 7, 2012, from 8 a.m. meeting, and the background material HUMAN SERVICES to 5 p.m. will be posted on FDA’s Web site after Food and Drug Administration Location: FDA White Oak Campus, the meeting. Background material is Building 31, the Great Room, White Oak available at http://www.fda.gov/ [Docket No. FDA–2012–N–0001] Conference Center (Rm. 1503), 10903 AdvisoryCommittees/Calendar/ New Hampshire Ave., Silver Spring, MD default.htm. Scroll down to the Cellular, Tissue and Gene Therapies 20993–0002. Information regarding appropriate advisory committee link. Advisory Committee; Notice of Meeting special accommodations due to a Procedure: Interested persons may AGENCY: Food and Drug Administration, disability, visitor parking, and present data, information, or views, HHS. transportation may be accessed at: orally or in writing, on issues pending ACTION: Notice. http://www.fda.gov/Advisory before the committee. Written Committees/default.htm; under the submissions may be made to the contact This notice announces a forthcoming heading ‘‘Resources for You,’’ click on person on or before November 2, 2012. teleconference meeting of a public ‘‘Public Meetings at the FDA White Oak Oral presentations from the public will advisory committee of the Food and Campus.’’ Please note that visitors to the be scheduled between approximately 1 Drug Administration (FDA). At least one
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portion of the meeting will be closed to Gene Transfer and Immunogenicity meetings and will make every effort to the public. Branch, Office of Cellular, Tissue and accommodate persons with physical Name of Committee: Cellular, Tissue Gene Therapies, Center for Biologics disabilities or special needs. If you and Gene Therapies Advisory Evaluation and Research, and the require special accommodations due to Committee. Laboratory of Immunology, Office of a disability, please contact Gail Dapolito General Function of the Committee: Biotechnology Products, Center for Drug at least 7 days in advance of the To provide advice and Evaluation and Research, FDA. meeting. recommendations to the Agency on FDA intends to make background FDA is committed to the orderly FDA’s regulatory issues. material available to the public no later conduct of its advisory committee DATES: Date and Time: The than 2 business days before the meeting. meetings. Please visit our Web site at teleconference meeting will be held on If FDA is unable to post the background http://www.fda.gov/Advisory November 29, 2012 from 1 p.m. to 5 material on its Web site prior to the Committees/AboutAdvisoryCommittees/ p.m., Eastern Time. meeting, the background material will ucm111462.htm for procedures on Location: National Institutes of Health be made publicly available at the public conduct during advisory (NIH), Building 29A, Conference Room location of the advisory committee committee meetings. Notice of this 1A09, 9000 Rockville Pike, Bethesda, meeting, and the background material meeting is given under the Federal MD 20892. The public is welcome to will be posted on FDA’s Web site after Advisory Committee Act (5 U.S.C. app. attend the meeting at the specified the meeting. Background material is 2). available at http://www.fda.gov/ location where a speakerphone will be Dated: October 9, 2012. AdvisoryCommittees/Calendar/ provided. Public participation in the Jill Hartzler Warner, default.htm. Scroll down to the meeting is limited to the use of the appropriate advisory committee link. Acting Associate Commissioner for Special speakerphone in the conference room. Procedure: On November 29, 2012, Medical Programs. Important information about from 1 p.m. to 4 p.m. (Eastern Time) the [FR Doc. 2012–25482 Filed 10–16–12; 8:45 am] transportation and directions to the NIH meeting is open to the public. Interested BILLING CODE 4160–01–P campus, parking, and security persons may present data, information, procedures is available on the internet or views, orally or in writing, on issues at http://www.nih.gov/about/visitor/ pending before the committee. Written DEPARTMENT OF HEALTH AND index.htm. (FDA has verified the Web submissions may be made to the contact HUMAN SERVICES site address, but FDA is not responsible person on or before November 21, 2012. for any subsequent changes to the Web Health Resources and Services Oral presentations from the public will Administration site after this document publishes in the be scheduled between approximately 3 Federal Register.) Visitors must show p.m. and 4 p.m. Those individuals Agency Information Collection two forms of identification, one of interested in making formal oral Activities: Proposed Collection: which must be a government-issued presentations should notify the contact Comment Request photo identification such as a Federal person and submit a brief statement of employee badge, driver’s license, the general nature of the evidence or In compliance with the requirement passport, green card, etc. Detailed arguments they wish to present, the for opportunity for public comment on information about security procedures is names and addresses of proposed proposed data collection projects located at http://www.nih.gov/about/ participants, and an indication of the (section 3506(c)(2)(A) of Title 44, United visitorsecurity.htm. Due to the limited approximate time requested to make States Code, as amended by the available parking, visitors are their presentation on or before Paperwork Reduction Act of 1995, Pub. encouraged to use public transportation. November 14, 2012. Time allotted for L. 104–13), the Health Resources and Contact Person: Gail Dapolito or each presentation may be limited. If the Services Administration (HRSA) Sheryl Clark, Center for Biologics number of registrants requesting to publishes periodic summaries of Evaluation and Research (HFM–71), speak is greater than can be reasonably proposed projects being developed for Food and Drug Administration, 1401 accommodated during the scheduled submission to the Office of Management Rockville Pike, Rockville MD 20852, open public hearing session, FDA may and Budget (OMB) under the Paperwork 301–827–0314, or FDA Advisory conduct a lottery to determine the Reduction Act of 1995. To request more Committee Information Line, 1–800– speakers for the scheduled open public information on the proposed project or 741–8138 (301–443–0572 in the hearing session. The contact person will to obtain a copy of the data collection Washington, DC area). A notice in the notify interested persons regarding their plans and draft instruments, email Federal Register about last minute request to speak by November 15, 2012. [email protected] or call the HRSA modifications that impact a previously Closed Committee Deliberations: On Reports Clearance Officer at (301) 443– announced advisory committee meeting November 29, 2012, from 4 p.m. to 5 1984. cannot always be published quickly p.m., the meeting will be closed to Comments are invited on: (a) The enough to provide timely notice. permit discussion where disclosure proposed collection of information for Therefore, you should always check the would constitute a clearly unwarranted the proper performance of the functions Agency’s Web site at http:// invasion of personal privacy (5 U.S.C. of the agency; (b) the accuracy of the www.fda.gov/AdvisoryCommittees/ 552b(c)(6)). The committee will discuss agency’s estimate of the burden of the default.htm and scroll down to the reports of intramural research programs proposed collection of information; (c) appropriate advisory committee meeting and make recommendations regarding ways to enhance the quality, utility, and link, or call the advisory committee personnel staffing decisions. clarity of the information to be information line to learn about possible Persons attending FDA’s advisory collected; and (d) ways to minimize the modifications before coming to the committee meetings are advised that the burden of the collection of information meeting. Agency is not responsible for providing on respondents, including through the Agenda: On November 29, 2012 the access to electrical outlets. use of automated collection techniques committee will meet in open session to FDA welcomes the attendance of the or other forms of information hear updates of research programs in the public at its advisory committee technology.
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Proposed Project: National Health interviews at sites on the NHSC’s Job site. Upon receipt of the Travel Request Service Corps Scholar Travel Opportunities List. Worksheet, the NHSC will review and Worksheet (OMB No. 0915–0278)— The travel approval process is approve or disapprove the request and Revision initiated when a scholar notifies the promptly notify the scholar and the NHSC of an impending interview at one NHSC logistics contractor regarding Clinicians participating in the HRSA or more NHSC-approved practice sites. travel arrangements and authorization of National Health Service Corps (NHSC) The Travel Request Worksheet is also the funding for the site visit or Scholarship Program use the online used to process an NHSC scholar’s relocation. Travel Request Worksheet to request request to be reimbursed for moving travel funds from the federal expenses after he/she has successfully The annual estimate of burden is as government for pre-employment been matched to an approved practice follows:
Responses Instrument Number of per Total Hours per Total burden respondents respondent responses response hours
Scholar Travel Request Worksheet ...... 180 2 360 .0667 24
Total ...... 180 2 360 .0667 24
Email comments to Place: Intramural Research Program, Date: November 9, 2012 [email protected] or mail the HRSA National Institute on Drug Abuse, NIH, Johns Open: 8:30 a.m. to 6:00 p.m. Reports Clearance Officer, Room 10–29, Hopkins Bayview Campus, Baltimore, MD Agenda: To review and evaluate grant Parklawn Building, 5600 Fishers Lane, 21223. applications. Contact Person: Joshua Kysiak, Program Rockville, MD 20857. Written comments Place: Hyatt Regency Bethesda, One Specialist, Biomedical Research Center, Bethesda Metro Center, 7400 Wisconsin should be received within 60 days of Intramural Research Program, National Avenue, Bethesda, MD 20814. this notice. Institute on Drug Abuse, NIH, DHHS, 251 Contact Person: Mary Clare Walker, Ph.D., Dated: October 11, 2012. Bayview Boulevard, Baltimore, MD 21224, Scientific Review Officer, Center for 443–740–2465, [email protected]. Bahar Niakan, Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance Health, 6701 Rockledge Drive, Room 5208, Director, Division of Policy and Information Program Nos.: 93.279, Drug Abuse and Coordination. MSC 7852, Bethesda, MD 20892, (301) 435– Addiction Research Programs, National 1165, [email protected]. [FR Doc. 2012–25587 Filed 10–16–12; 8:45 am] Institutes of Health, HHS) Name of Committee: Center for Scientific BILLING CODE 4165–15–P Dated: October 11, 2012. Review Special Emphasis Panel; PAR10–021: Michelle Trout, AIDS-Science Track Award for Research Transition (R03). DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory Committee Policy. Date: November 9, 2012. HUMAN SERVICES Time: 2:00 p.m. to 5:00 p.m. [FR Doc. 2012–25449 Filed 10–16–12; 8:45 am] Agenda: To review and evaluate grant National Institutes of Health BILLING CODE 4140–01–P applications. Place: St. Gregory Hotel, 2033 M Street, National Institute on Drug Abuse; NW., Washington, DC 20036. Notice of Closed Meeting DEPARTMENT OF HEALTH AND Contact Person: Jose H. Guerrier, Ph.D., HUMAN SERVICES Pursuant to section 10(d) of the Scientific Review Officer, Center for Federal Advisory Committee Act, as Scientific Review, National Institutes of National Institutes of Health Health, 6701 Rockledge Drive, Room 5218, amended (5 U.S.C. App.), notice is MSC 7852, Bethesda, MD 20892, 301–435– hereby given of a meeting of the Board Center for Scientific Review; Notice of 1137, [email protected]. of Scientific Counselors, NIDA. Closed Meetings Name of Committee: Center for Scientific The meeting will be closed to the Review Special Emphasis Panel; Member public as indicated below in accordance Pursuant to section 10(d) of the Federal Advisory Committee Act, as Conflict: Channels, Transporters and with the provisions set forth in section Neurotransmission. 552b(c)(6), Title 5 U.S.C., as amended amended (5 U.S.C. App.), notice is Date: November 14, 2012. for the review, discussion, and hereby given of the following meetings. Time: 1:30 p.m. to 3:30 p.m. evaluation of individual intramural The meetings will be closed to the Agenda: To review and evaluate grant programs and projects conducted by the public in accordance with the applications. National Institute on Drug Abuse, provisions set forth in sections Place: National Institutes of Health, 6701 including consideration of personnel 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892, qualifications and performance, and the as amended. The grant applications and (Telephone Conference Call). Contact Person: Geoffrey G. Schofield, competence of individual investigators, the discussions could disclose confidential trade secrets or commercial Ph.D., Scientific Review Officer, Center for the disclosure of which would Scientific Review, National Institutes of constitute a clearly unwarranted property such as patentable material, and personal information concerning Health, 6701 Rockledge Drive, Room 4040–A, invasion of personal privacy. MSC 7850, Bethesda, MD 20892, 301–435– individuals associated with the grant 1235, [email protected]. Name of Committee: Board of Scientific applications, the disclosure of which Name of Committee: Center for Scientific Counselors, NIDA. would constitute a clearly unwarranted Date: November 15, 2012. Review Special Emphasis Panel; Closed: 8:00 a.m. to 6:30 p.m. invasion of personal privacy. Fellowships: Physiology and Pathobiology of Agenda: To review and evaluate personal Name of Committee: AIDS and Related Musculoskeletal, Oral, and Skin Systems. qualifications and performance, and Research Integrated Review Group; HIV/ Date: November 15, 2012. competence of individual investigators. AIDS Vaccines Study Section. Time: 8:00 a.m. to 5:00 p.m.
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Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND applications. Program Nos. 93.306, Comparative Medicine; HUMAN SERVICES Place: Hyatt Regency Bethesda, One 93.333, Clinical Research, 93.306, 93.333, Bethesda Metro Center, 7400 Wisconsin 93.337, 93.393–93.396, 93.837–93.844, National Institutes of Health Avenue, Bethesda, MD 20814. 93.846–93.878, 93.892, 93.893, National Contact Person: Abdelouahab Aitouche, Institutes of Health, HHS) National Institute on Drug Abuse; Ph.D., Scientific Review Officer, Center for Amended Notice of Meeting Scientific Review, National Institutes of Dated: October 11, 2012. Health, 6701 Rockledge Drive, Room 4222, Carolyn A. Baum, Notice is hereby given of changes in MSC 7812, Bethesda, MD 20892, 301–435– the meeting of the National Institute on 2365, [email protected]. Program Analyst, Office of Federal Advisory Committee Policy. Drug Abuse Special Emphasis Panel, Name of Committee: AIDS and Related [FR Doc. 2012–25448 Filed 10–16–12; 8:45 am] October 2, 2012, 1:00 p.m. to October 2, Research Integrated Review Group; AIDS 2012, 4:00 p.m., National Institutes of Clinical Studies and Epidemiology Study BILLING CODE 4140–01–P Section. Health, Neuroscience Center, 6001 Date: November 15, 2012. Executive Boulevard, Rockville, MD Time: 8:00 a.m. to 6:00 p.m. DEPARTMENT OF HEALTH AND 20852 which was published in the Federal Register on September 6, 2012, Agenda: To review and evaluate grant HUMAN SERVICES applications. 77; 173 FR 2012–21889. Place: Lorien Hotel & Spa, 1600 King National Institutes of Health The date and time of the meeting are Street, Alexandria, VA 22314. changed to November 8, 2012, 1:00 p.m. Contact Person: Hilary D. Sigmon, Ph.D., National Institute on Aging; Notice of to November 8, 2012, 2:00 p.m. The Scientific Review Officer, Center for meeting is closed to the public. Scientific Review, National Institutes of Closed Meeting Health, 6701 Rockledge Drive, Room 5222, Dated: October 9, 2012. MSC 7852, Bethesda, MD 20892, (301) 357– Pursuant to section 10(d) of the Michelle Trout, 9236, [email protected]. Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory Name of Committee: Center for Scientific amended (5 U.S.C. App.), notice is Committee Policy. Review Special Emphasis Panel; Small hereby given of the following meeting. [FR Doc. 2012–25446 Filed 10–16–12; 8:45 am] Business: Non-HIV Anti-Infective BILLING CODE 4140–01–P Therapeutics. The meeting will be closed to the Date: November 15–16, 2012. public in accordance with the provisions set forth in sections Time: 8:00 a.m. to 12:00 p.m. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES applications. as amended. The grant applications and Place: Residence Inn Marriott, 7335 the discussions could disclose Wisconsin Avenue, Bethesda, MD 20814. National Institutes of Health Contact Person: Kenneth M. Izumi, Ph.D., confidential trade secrets or commercial Scientific Review Officer, Center for property such as patentable material, National Institute on Drug Abuse; Scientific Review, National Institutes of and personal information concerning Notice of Closed Meetings Health, 6701 Rockledge Drive, RM 3204, individuals associated with the grant Pursuant to section 10(d) of the MSC 7808, Bethesda, MD 20892, 301–496– applications, the disclosure of which 6980, [email protected]. Federal Advisory Committee Act, as would constitute a clearly unwarranted amended (5 U.S.C. App), notice is Name of Committee: Center for Scientific invasion of personal privacy. Review Special Emphasis Panel; Small hereby given of the following meetings. Business: Respiratory Sciences. Name of Committee: National Institute on The meetings will be closed to the Date: November 15–16, 2012. Aging Special Emphasis Panel; Aging and public in accordance with the Time: 9:00 a.m. to 5:00 p.m. Sleep. provisions set forth in sections Agenda: To review and evaluate grant Date: November 8, 2012. 552b(c)(4) and 552b(c)(6), Title 5 USC, applications. Time: 1:00 p.m. to 5:00 p.m. as amended. The grant applications and Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant the discussions could disclose Rockledge Drive, Bethesda, MD 20892 applications. confidential trade secrets or commercial (Virtual Meeting). Place: National Institute on Aging, property such as patentable materials, Contact Person: Ghenima Dirami, Ph.D., Gateway Building, 7201 Wisconsin Avenue, and personal information concerning Scientific Review Officer, Center for Scientific Review, National Institutes of Suite 2C212, Bethesda, MD 20892, individuals associated with the grant Health, 6701 Rockledge Drive, Room 4122, (Telephone Conference Call). applications, the disclosure of which MSC 7814, Bethesda, MD 20892, 240–498– Contact Person: Elaine Lewis, Ph.D., would constitute a clearly unwarranted 7546, [email protected]. Scientific Review Branch, National Institute invasion of personal privacy. Name of Committee: Center for Scientific on Aging, Gateway Building, Suite 2C212, Name of Committee: National Institute on Review Special Emphasis Panel; Member MSC–9205, 7201 Wisconsin Avenue, Drug Abuse Special Emphasis Panel; Time Conflict: Endocrinology and Reproduction. Bethesda, MD 20892, 301–402–7707, Sensitive Drug Abuse Research (R01). Date: November 15, 2012. [email protected]. Date: October 18, 2012. Time: 2:00 p.m. to 4:00 p.m. (Catalogue of Federal Domestic Assistance Time: 1:30 p.m. to 2:30 p.m. Agenda: To review and evaluate grant Program Nos. 93.866, Aging Research, Agenda: To review and evaluate grant applications. applications. National Institutes of Health, HHS) Place: National Institutes of Health, 6701 Place: National Institutes of Health, Rockledge Drive, Bethesda, MD 20892 Dated: October 11, 2012. Neuroscience Center, 6001 Executive (Virtual Meeting). Melanie J. Gray, Boulevard, Rockville, MD 20852, (Telephone Contact Person: Dianne Hardy, Ph.D., Conference Call). Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory Contact Person: Gerald L. McLaughlin, Scientific Review, National Institutes of Committee Policy. Ph.D., Scientific Review Officer, Office of Health, 6701 Rockledge Drive, Room 6175, [FR Doc. 2012–25447 Filed 10–16–12; 8:45 am] Extramural Affairs, National Institute on MSC 7892, Bethesda, MD 20892, 301–435– BILLING CODE 4140–01–P Drug Abuse, NIH, DHHS, 6001 Executive 1154, [email protected]. Blvd., Room 4238, MSC 9550, Bethesda, MD
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20892–9550, 301–402–6626, Place: National Institutes of Health, Musculoskeletal and Skin Diseases Research, [email protected]. Natcher Building, Room D, 45 Center Drive, National Institutes of Health, HHS) This notice is being published less than 15 Bethesda, MD 20892. Dated: October 10, 2012. days prior to the meeting due to the timing Contact Person: Giuseppe Pintucci, Ph.D., Carolyn A. Baum, limitations imposed by the review and Scientific Review Officer, Office of Scientific funding cycle. Review/DERA, National Heart, Lung, and Program Analyst, Office of Federal Advisory Committee Policy. Name of Committee: National Institute on Blood Institute, 6701 Rockledge Drive, Room Drug Abuse Special Emphasis Panel; 7192, Bethesda, MD 20892, 301–435–0287, [FR Doc. 2012–25441 Filed 10–16–12; 8:45 am] Integrated Behavioral Treatment & Services. [email protected]. BILLING CODE 4140–01–P Date: October 23, 2012. (Catalogue of Federal Domestic Assistance Time: 11:00 a.m. to 3:00 p.m. Program Nos. 93.233, National Center for Agenda: To review and evaluate grant Sleep Disorders Research; 93.837, Heart and DEPARTMENT OF HEALTH AND applications. Vascular Diseases Research; 93.838, Lung HUMAN SERVICES Place: National Institutes of Health, Diseases Research; 93.839, Blood Diseases Neuroscience Center, 6001 Executive and Resources Research, National Institutes National Institutes of Health Boulevard, Rockville, MD 20852, (Telephone of Health, HHS) Conference Call). Dated: October 9, 2012. Center for Scientific Review; Notice of Contact Person: Gerald L. McLaughlin, Closed Meetings Ph.D., Scientific Review Officer, Office of Michelle Trout, Extramural Affairs, National Institute on Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Drug Abuse, NIH, DHHS, 6001 Executive Committee Policy. Federal Advisory Committee Act, as Blvd., Room 4238, MSC 9550, Bethesda, MD [FR Doc. 2012–25442 Filed 10–16–12; 8:45 am] amended (5 U.S.C. App.), notice is 20892–9550, 301–402–6626, BILLING CODE 4140–01–P [email protected]. hereby given of the following meetings. The meetings will be closed to the This notice is being published less than 15 public in accordance with the days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND limitations imposed by the review and provisions set forth in sections funding cycle. HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and (Catalogue of Federal Domestic Assistance National Institutes of Health Program Nos.: 93.279, Drug Abuse and the discussions could disclose Addiction Research Programs, National National Institute of Arthritis and confidential trade secrets or commercial Institutes of Health, HHS) Musculoskeletal and Skin Diseases; property such as patentable material, Dated: October 9, 2012. Notice of Closed Meeting and personal information concerning Michelle Trout, individuals associated with the grant applications, the disclosure of which Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as would constitute a clearly unwarranted invasion of personal privacy. [FR Doc. 2012–25445 Filed 10–16–12; 8:45 am] amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P hereby given of the following meeting. Name of Committee: Center for Scientific The meeting will be closed to the Review Special Emphasis Panel; Fellowship: public in accordance with the Personality Studies. DEPARTMENT OF HEALTH AND Date: November 12, 2012. provisions set forth in sections Time: 8:00 a.m. to 12:00 p.m. HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant as amended. The grant applications and applications. National Institutes of Health the discussions could disclose Place: Embassy Suites at the Chevy Chase confidential trade secrets or commercial Pavilion, 4300 Military Road NW., National Heart, Lung, and Blood Washington, DC 20015. Institute; Notice of Closed Meeting property such as patentable material, and personal information concerning Contact Person: Lee S Mann, Ph.D., Pursuant to section 10(d) of the individuals associated with the grant Scientific Review Officer, Center for Federal Advisory Committee Act, as Scientific Review, National Institutes of applications, the disclosure of which Health, 6701 Rockledge Drive, Room 3224, amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted MSC 7808, Bethesda, MD 20892, 301–435– hereby given of the following meeting. invasion of personal privacy. 0677, [email protected]. The meeting will be closed to the Name of Committee: National Institute of Name of Committee: Center for Scientific public in accordance with the Arthritis and Musculoskeletal and Skin Review Special Emphasis Panel; Small provisions set forth in sections Diseases Special Emphasis Panel; NIAMS Business: Oral, Dental and Craniofacial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Small Grants in Musculoskeletal Diseases Sciences. as amended. The grant applications and (R03). Date: November 14–15, 2012. the discussions could disclose Date: November 9, 2012. Time: 8:00 a.m. to 5:00 p.m. confidential trade secrets or commercial Time: 12:00 p.m. to 2:00 p.m. Agenda: To review and evaluate grant property such as patentable material, Agenda: To review and evaluate grant applications. and personal information concerning applications. Place: National Institutes of Health, 6701 individuals associated with the grant Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, Democracy Boulevard, Suite 800, Bethesda, (Virtual Meeting). applications, the disclosure of which MD 20892, (Telephone Conference Call). Contact Person: Yi-Hsin Liu, Ph.D., would constitute a clearly unwarranted Contact Person: Xincheng Zheng, Ph.D., Scientific Review Officer, Center for invasion of personal privacy. MD, Scientific Review Officer, National Scientific Review, National Institutes of Name of Committee: National Heart, Lung, Institute of Arthritis and Musculoskeletal and Health, 6701 Rockledge Drive, Room 4214, and Blood Institute Special Emphasis Panel; Skin Diseases, National Institutes of Health, MSC 7814, Bethesda, MD 20892, 301–435– Bio-Specimen Repository Exploratory Grants. 6701 Democracy Blvd., Suite 800, MSC 4872, 1781, [email protected]. Date: November 7, 2012. Bethesda, MD 20892, 301–594–4953, Name of Committee: Center for Scientific Time: 8:00 a.m. to 5:00 p.m. [email protected]. Review Special Emphasis Panel; Member Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Conflict: Metabolism, Obesity and Diabetes. applications. Program Nos. 93.846, Arthritis, Date: November 14, 2012.
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Time: 9:00 a.m. to 5:00 p.m. Date: October 23, 2012. The meeting will be open to the Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m. public, with attendance limited to space applications. Agenda: To review and evaluate grant available. Individuals who plan to Place: National Institutes of Health, 6701 applications. attend and need special assistance, such Rockledge Drive, Bethesda, MD 20892, Place: Hilton Garden Inn, 7301 Waverly (Virtual Meeting). Street, Bethesda, MD 20814. as sign language interpretation or other Contact Person: Gary Hunnicutt, Ph.D., Contact Person: Brian Hoshaw, Ph.D., reasonable accommodations, should Scientific Review Officer, Center for Scientific Review Officer, Division of notify the Contact Person listed below Scientific Review, National Institutes of Extramural Research, National Eye Institute, in advance of the meeting. Health, 6701 Rockledge Drive, Room 6164, National Institutes of Health, 5635 Fishers Name of Committee: President’s Cancer MSC 7892, Bethesda, MD 20892, 301–435– Lane, Suite 1300, MSC 9300, 301–451–2020, Panel; 0229, [email protected]. [email protected]. Date: November 16, 2012. Name of Committee: Center for Scientific This notice is being published less than 15 Time: 8:30 a.m. to 5:00 p.m. Review Special Emphasis Panel; days prior to the meeting due to the timing Agenda: HPV Vaccination: Clinical Fellowships: Endocrinology, Metabolism, limitations imposed by the review and Practices, Standards, and Economic Nutrition and Reproductive Sciences. funding cycle. Implications. Date: November 14, 2012. Name of Committee: National Eye Institute Place: Courtyard Chicago Downtown/ Time: 11:00 a.m. to 5:00 p.m. Special Emphasis Panel; NEI Career Miracle Mile, 165 East Ontario Street, Agenda: To review and evaluate grant Development and Conference Grant Chicago, IL 60611. applications. Applications—Basic Science. Contact Person: Abby B. Sandler, Ph.D., Place: National Institutes of Health, 6701 Date: October 30–31, 2012. Executive Secretary, Chief, Institute Review Rockledge Drive, Bethesda, MD 20892, Time: 8:00 a.m. to 5:00 p.m. Office, Office of the Director, 6116 Executive (Virtual Meeting). Agenda: To review and evaluate grant Blvd., Suite 220, MSC 8349, National Cancer Contact Person: Dianne Camp, Ph.D., applications. Institute, NIH, Bethesda, MD 20892–8349, Scientific Review Officer, Center for Place: National Institutes of Health, 5635 (301) 451–9399, [email protected]. Scientific Review, National Institutes of Fishers Lane, Bethesda, MD 20892, (Virtual Any interested person may file written Health, 6701 Rockledge Drive, Room 6164, Meeting). comments with the committee by forwarding MSC 7892, Bethesda, MD 20892, 301–435– Contact Person: Brian Hoshaw, Ph.D., the statement to the Contact Person listed on 1044, [email protected]. Scientific Review Officer, Division of this notice. The statement should include the (Catalogue of Federal Domestic Assistance Extramural Research, National Eye Institute, name, address, telephone number and when Program Nos. 93.306, Comparative Medicine; National Institutes of Health, 5635 Fishers applicable, the business or professional 93.333, Clinical Research, 93.306, 93.333, Lane, Suite 1300, MSC 9300, 301–451–2020, affiliation of the interested person. 93.337, 93.393–93.396, 93.837–93.844, [email protected]. Information is also available on the 93.846–93.878, 93.892, 93.893, National Name of Committee: National Eye Institute Institute’s/Center’s home page: http:// Institutes of Health, HHS) Special Emphasis Panel; NEI Clinical deainfo.nci.nih.gov/advisory/pcp/index.htm, Dated: October 10, 2012. Research—Anterior Eye, Myopia, Glaucoma where an agenda and any additional information for the meeting will be posted David Clary, and Optic Nerve. Date: November 15–16, 2012. when available. Program Analyst, Office of Federal Advisory Time: 6:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Committee Policy. Agenda: To review and evaluate grant Program Nos. 93.392, Cancer Construction; [FR Doc. 2012–25440 Filed 10–16–12; 8:45 am] applications. 93.393, Cancer Cause and Prevention BILLING CODE 4140–01–P Place: National Institutes of Health, 5635 Research; 93.394, Cancer Detection and Fishers Lane, Bethesda, MD 20892. Diagnosis Research; 93.395, Cancer Contact Person: Jeanette M Hosseini, Ph.D., Treatment Research; 93.396, Cancer Biology DEPARTMENT OF HEALTH AND Scientific Review Officer, Division of Research; 93.397, Cancer Centers Support; HUMAN SERVICES Extramural Research, National Eye Institute, 93.398, Cancer Research Manpower; 93.399, National Institutes of Health, 5635 Fishers Cancer Control, National Institutes of Health, National Institutes of Health Lane, Suite 1300, MSC 9300, 301–451–2020, HHS) [email protected]. Dated: October 10, 2012. National Eye Institute; Notice of Closed (Catalogue of Federal Domestic Assistance Melanie J. Gray, Meetings Program Nos. 93.867, Vision Research, National Institutes of Health, HHS) Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as Dated: October 10, 2012. [FR Doc. 2012–25438 Filed 10–16–12; 8:45 am] amended (5 U.S.C. App.), notice is Melanie J. Gray, BILLING CODE 4140–01–P hereby given of the following meetings. Program Analyst, Office of Federal Advisory The meetings will be closed to the Committee Policy. public in accordance with the [FR Doc. 2012–25439 Filed 10–16–12; 8:45 am] DEPARTMENT OF HEALTH AND provisions set forth in sections BILLING CODE 4140–01–P HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and National Institutes of Health the discussions could disclose DEPARTMENT OF HEALTH AND Center for Scientific Review; Notice of confidential trade secrets or commercial HUMAN SERVICES Closed Meetings property such as patentable material, National Institutes of Health and personal information concerning Pursuant to section 10(d) of the individuals associated with the grant National Cancer Institute; Notice of Federal Advisory Committee Act, as applications, the disclosure of which Meeting amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted hereby given of the following meetings. invasion of personal privacy. Pursuant to section 10(a) of the The meetings will be closed to the Name of Committee: National Eye Institute Federal Advisory Committee Act, as public in accordance with the Special Emphasis Panel; NEI-RFA Stem Cell amended (5 U.S.C. App.), notice is provisions set forth in sections Approaches to Developing New Therapies for hereby given of a meeting of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Ocular Diseases (R01). President’s Cancer Panel. as amended. The grant applications and
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the discussions could disclose Cancer Health Disparities/Diversity in Basic Dated: October 10, 2012. confidential trade secrets or commercial Cancer Research. Melanie J. Gray, property such as patentable material, Date: November 13–14, 2012. Program Analyst, Office of Federal Advisory and personal information concerning Time: 8:00 a.m. to 5:00 p.m. Committee Policy. Agenda: To review and evaluate grant individuals associated with the grant [FR Doc. 2012–25437 Filed 10–16–12; 8:45 am] applications. applications, the disclosure of which BILLING CODE 4140–01–P would constitute a clearly unwarranted Place: Marriott Wardman Park Washington DC Hotel, 2660 Woodley Road NW., invasion of personal privacy. Washington, DC 20008. Name of Committee: AIDS and Related Contact Person: Elaine Sierra-Rivera, Ph.D., DEPARTMENT OF HEALTH AND Research Integrated Review Group; Scientific Review Officer, Center for HUMAN SERVICES Behavioral and Social Science Approaches to Scientific Review, National Institutes of Preventing HIV/AIDS Study Section. Health, 6701 Rockledge Drive, Room 6184, National Institutes of Health Date: November 8–9, 2012. MSC 7804, Bethesda, MD 20892, 301–435– National Institute on Drug Abuse; Time: 8:00 a.m. to 6:00 p.m. 1779, [email protected]. Agenda: To review and evaluate grant Notice of Closed Meetings applications. Name of Committee: Center for Scientific Place: St. Gregory Hotel, 2033 M Street Review Special Emphasis Panel; Program Pursuant to section 10(d) of the NW., Washington, DC 20036. Project: NMR and Computational Studies of Federal Advisory Committee Act, as Contact Person: Jose H Guerrier, Ph.D., Biomolecules. amended (5 U.S.C. App), notice is Scientific Review Officer, Center for Date: November 13, 2012. hereby given of the following meetings. Scientific Review, National Institutes of Time: 9:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5222, The meetings will be closed to the Agenda: To review and evaluate grant public in accordance with the MSC 7852, Bethesda, MD 20892, 301–435– applications. 1137, [email protected]. Place: National Institutes of Health, 6701 provisions set forth in sections Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel; Small (Virtual Meeting). as amended. The grant applications and Business: Dermatology, Rheumatology and Contact Person: Nitsa Rosenzweig, Ph.D., the discussions could disclose Inflammation. Scientific Review Officer, Center for confidential trade secrets or commercial Date: November 9, 2012. Scientific Review, National Institutes of property such as patentable materials, Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 1102, and personal information concerning Agenda: To review and evaluate grant MSC 7760, Bethesda, MD 20892, (301) 435– applications. individuals associated with the grant Place: National Institutes of Health, 6701 1747, [email protected]. applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892. Name of Committee: Center for Scientific would constitute a clearly unwarranted Contact Person: Aruna K Behera, Ph.D., Review Special Emphasis Panel; Member invasion of personal privacy. Scientific Review Officer, Center for Conflict: Multiple Sclerosis, Name of Committee: National Institute on Scientific Review, National Institutes of Neuroimmunology and Brain Injury. Drug Abuse Special Emphasis Panel; R25 Health, 6701 Rockledge Drive, Room 4211, Date: November 13, 2012. Review. MSC 7814, Bethesda, MD 20892, 301–435– Time: 11:00 a.m. to 2:00 p.m. Date: October 30, 2012. 6809, [email protected]. Agenda: To review and evaluate grant Time: 11:00 a.m. to 12:00 p.m. Name of Committee: Center for Scientific applications. Agenda: To review and evaluate grant Review Special Emphasis Panel; Small Place: National Institutes of Health, 6701 applications. Business: Cancer Diagnostics and Treatments Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, (CDT). (Telephone Conference Call). Neuroscience Center, 6001 Executive Date: November 12–13, 2012. Contact Person: Seetha Bhagavan, Ph.D., Boulevard, Rockville, MD 20852, (Telephone Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for Conference Call). Agenda: To review and evaluate grant Scientific Review, National Institutes of Contact Person: Gerald L. McLaughlin, applications. Ph.D., Scientific Review Officer, Office of Place: Sheraton Delfina Santa Monica Health, 6701 Rockledge Drive, Room 5194, Extramural Affairs, National Institute on Hotel, 530 West Pico Boulevard, Santa MSC 7846, Bethesda, MD 20892, (301) 237– Drug Abuse, NIH, DHHS, 6001 Executive Monica, CA 90405. 9838, [email protected]. Blvd., Room 4238, MSC 9550, Bethesda, MD Contact Person: Zhang-Zhi Hu, MD., Name of Committee: Center for Scientific 20892–9550, 301–402–6626, Scientific Review Officer, Center for Review Special Emphasis Panel; Small [email protected]. Scientific Review, National Institutes of Business: Basic and Integrative Health, 6701 Rockledge Drive, Room 6186, Bioengineering. Name of Committee: National Institute on MSC 7804, Bethesda, MD 20892, (301) 594– Date: November 13, 2012. Drug Abuse Special Emphasis Panel; 2414, [email protected]. Time: 11:00 a.m. to 5:00 p.m. Synthesis and Preclinical Evaluation of Medications to Treat Substance Use Name of Committee: Center for Scientific Agenda: To review and evaluate grant Disorders (SUDS) (R01) Review Special Emphasis Panel; PAR Panel: applications. Date: November 1, 2012. Developmental Pharmacology. Place: Crowne Plaza Washington National Time: 9:00 a.m. to 5:00 p.m. Date: November 13–14, 2012. Airport, 1489 Jefferson Davis Highway, Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Arlington, VA 22202. applications. Agenda: To review and evaluate grant Contact Person: Paul Sammak, Ph.D., applications. Place: National Institutes of Health, Scientific Review Officer, Center For Place: National Institutes of Health, 6701 Neuroscience Center, 6001 Executive Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Boulevard, Rockville, MD 20852 (Virtual Meeting). Health, 6701 Rockledge Drive, Room 6185, Contact Person: Gerald L. McLaughlin, Contact Person: Janet M. Larkin, Ph.D., MSC 7892, Bethesda, MD 20892, 301–435– Ph.D., Scientific Review Officer, Office of Scientific Review Officer, Center for 0601, [email protected]. Extramural Affairs, National Institute on Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance Drug Abuse, NIH, DHHS, 6001 Executive Health, 6701 Rockledge Drive, Room 1102, Program Nos. 93.306, Comparative Medicine; Blvd., Room 4238, MSC 9550, Bethesda, MD MSC 7840, Bethesda, MD 20892, 301–806– 93.333, Clinical Research, 93.306, 93.333, 20892–9550, 301–402–6626, 2765, [email protected]. 93.337, 93.393–93.396, 93.837–93.844, [email protected]. Name of Committee: Center for Scientific 93.846–93.878, 93.892, 93.893, National Name of Committee: National Institute on Review Special Emphasis Panel; PAR Panel: Institutes of Health, HHS) Drug Abuse Special Emphasis Panel; The
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Diversity-promoting Institutions Drug Abuse Project: Endocannabinoids Therapeutic Contact Person: Denise Wiesch, Ph.D., Research Program (DIDARP). Targets. Scientific Review Officer, Center for Date: November 15, 2012. Date: November 7–8, 2012. Scientific Review, National Institutes of Time: 2:00 p.m. to 4:00 p.m. Time: 11:00 a.m. to 2:00 p.m. Health, 6701 Rockledge Drive, Room 3150, Agenda: To review and evaluate grant Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 435– applications. applications. 0684, [email protected]. Place: National Institutes of Health, Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance Neuroscience Center, 6001 Executive Rockledge Drive, Bethesda, MD 20892, Program Nos. 93.306, Comparative Medicine; Boulevard, Rockville, MD 20852, (Telephone (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, Conference Call). Contact Person: Geoffrey G Schofield, 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Nadine Rogers, Ph.D., Ph.D., Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Scientific Review Officer, Office of Scientific Review, National Institutes of Institutes of Health, HHS) Extramural Affairs, National Institute on Health, 6701 Rockledge Drive, Room 4040–A, Drug Abuse, NIH, DHHS, 6001 Executive MSC 7850, Bethesda, MD 20892, 301–435– Dated: October 10, 2012. Blvd., Room 4229, MSC 9550, Bethesda, MD 1235, [email protected]. Melanie J. Gray, 20892–9550, 301–402–2105, Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory [email protected]. Review Special Emphasis Panel; PAR–10– Committee Policy. (Catalogue of Federal Domestic Assistance 235: Climate Change and Health. [FR Doc. 2012–25436 Filed 10–16–12; 8:45 am] Program Nos.: 93.279, Drug Abuse and Date: November 8, 2012. BILLING CODE 4140–01–P Addiction Research Programs, National Time: 11:30 a.m. to 6:30 p.m. Institutes of Health, HHS) Agenda: To review and evaluate grant Dated: October 11, 2012. applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 6701 HUMAN SERVICES Michelle Trout, Rockledge Drive, Bethesda, MD 20892. Program Analyst, Office of Federal Advisory Contact Person: Heidi B Friedman, Ph.D., National Institutes of Health Committee Policy. Scientific Review Officer, Center for [FR Doc. 2012–25434 Filed 10–16–12; 8:45 am] Scientific Review, National Institutes of National Institute of Mental Health; BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 1012A, MSC 7770, Bethesda, MD 20892, 301–379– Notice of Closed Meetings 5632, [email protected]. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Name of Committee: AIDS and Related Federal Advisory Committee Act, as HUMAN SERVICES Research Integrated Review Group; AIDS- amended (5 U.S.C. App.), notice is associated Opportunistic Infections and hereby given of the following meetings. National Institutes of Health Cancer Study Section. The meetings will be closed to the Date: November 12, 2012. Time: 8:00 a.m. to 5:00 p.m. public in accordance with the Center for Scientific Review; Notice of provisions set forth in sections Closed Meetings Agenda: To review and evaluate grant applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the Place: Sheraton Delfina Santa Monica as amended. The grant applications and Federal Advisory Committee Act, as Hotel, 530 West Pico Boulevard, Santa the discussions could disclose amended (5 U.S.C. App.), notice is Monica, CA 90405. confidential trade secrets or commercial hereby given of the following meetings. Contact Person: Eduardo A Montalvo, property such as patentable material, The meetings will be closed to the Ph.D., Scientific Review Officer, Center for and personal information concerning Scientific Review, National Institutes of individuals associated with the grant public in accordance with the Health, 6701 Rockledge Drive, Room 5108, provisions set forth in sections MSC 7852, Bethesda, MD 20892, (301) 435– applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 1168, [email protected]. would constitute a clearly unwarranted as amended. The grant applications and Name of Committee: Center for Scientific invasion of personal privacy. the discussions could disclose Review Special Emphasis Panel; Name of Committee: National Institute of confidential trade secrets or commercial Fellowships: Risk, Prevention and Health Mental Health Special Emphasis Panel; property such as patentable material, Behavior. Silvio O. Conte Centers for Basic or and personal information concerning Date: November 12–13, 2012. Translational Mental Health Research. individuals associated with the grant Time: 8:00 a.m. to 5:00 p.m. Date: November 5, 2012. applications, the disclosure of which Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m. would constitute a clearly unwarranted applications. Agenda: To review and evaluate grant Place: Embassy Suites at the Chevy Chase applications. invasion of personal privacy. Pavilion, 4300 Military Road NW., Place: Washington Plaza Hotel, 10 Thomas Name of Committee: Center for Scientific Washington, DC 20015. Circle, NW., Washington, DC 20005. Review Special Emphasis Panel; Member Contact Person: Martha M Faraday, Ph.D., Contact Person: Megan Kinnane, Ph.D., Conflict: Chemical Biology. Scientific Review Officer, Center for Scientific Review Officer, Division of Date: November 6, 2012. Scientific Review, National Institutes of Extramural Activities, National Institute of Time: 8:00 a.m. to 3:00 p.m. Health, 6701 Rockledge Drive, Room 3110, Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, 301–435– 6001 Executive Blvd., Room 6148, MSC 9609, applications. 3575, [email protected]. Rockville, MD 20852–9609, 301–402–6807, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific [email protected]. Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; Member Name of Committee: National Institute of (Virtual Meeting). Conflict: Population Sciences and Mental Health Special Emphasis Panel; Contact Person: Mike Radtke, Ph.D., Epidemiology. Center for Genomic Studies on Mental Scientific Review Officer, Center for Date: November 12, 2012. Disorders. Scientific Review, National Institutes of Time: 9:00 a.m. to 11:00 a.m. Date: November 5, 2012. Health, 6701 Rockledge Drive, Room 4176, Agenda: To review and evaluate grant Time: 1:00 p.m. to 2:00 p.m. MSC 7806, Bethesda, MD 20892, 301–435– applications. Agenda: To review and evaluate grant 1728, [email protected]. Place: National Institutes of Health, 6701 applications. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, Review Special Emphasis Panel; Program (Telephone Conference Call). Neuroscience Center, 6001 Executive
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Boulevard, Rockville, MD 20852, (Telephone Dated: October 10, 2012. evaluation and the proposed approach Conference Call). Carolyn A. Baum, for development of the cancer Contact Person: Vinod Charles, Ph.D., Program Analyst, Office of Federal Advisory evaluation component of the RoC Scientific Review Officer, Division of Committee Policy. monograph on pentachlorophenol, is Extramural Activities, National Institute of [FR Doc. 2012–25435 Filed 10–16–12; 8:45 am] available on the RoC Web site ( Mental Health, NIH, Neuroscience Center, BILLING CODE 4140–01–P http://ntp.niehs.nih.gov/go/37897). The 6001 Executive Blvd., Room 6151, MSC 9606, NTP Board of Scientific Counselors Bethesda, MD 20892–9606, 301–443–1606, provided comments on the draft concept [email protected]. DEPARTMENT OF HEALTH AND at its meeting on June 21, 2012 (minutes Name of Committee: National Institute of HUMAN SERVICES available at http://ntp.niehs.nih.gov/go/ Mental Health Special Emphasis Panel; Pre- 9741). Doctoral/Post-Doctoral Fellowships. National Institutes of Health Important to the evaluation of the Date: November 7, 2012. potential carcinogenicity of Time: 12:00 p.m. to 5:00 p.m. Report on Carcinogens Evaluation of pentachlorophenol is the assessment of Agenda: To review and evaluate grant Pentachlorophenol; Request for evidence from human cancer studies. applications. Nominations of Scientific Experts From an initial search of the peer- Place: National Institutes of Health, reviewed literature, the available human Neuroscience Center, 6001 Executive SUMMARY: The National Toxicology epidemiologic studies include: (1) Boulevard, Rockville, MD 20852, (Telephone Program (NTP), Division of the National Several case-control studies (primarily Conference Call). Toxicology Program (DNTP), National of hematopoietic cancer) reporting risk Contact Person: David M. Armstrong, Institute of Environmental Health estimates for job titles associated with Ph.D., Scientific Review Officer, Division of Sciences (NIEHS), is initiating pentachlorophenol exposure or Extramural Activities, National Institute of development of the Report on exposure to chlorophenols with limited Mental Health, NIH, Neuroscience Center/ Carcinogens (RoC) monograph on information on exposure specific for Room 6138/MSC 9608, 6001 Executive pentachlorophenol. To inform pentachlorophenol, (2) case-control Boulevard, Bethesda, MD 20892–9608, 301– development of that monograph, the studies reporting risk estimates specific 443–3534, [email protected]. Office of the RoC (ORoC) will hold a Name of Committee: National Institute of for pentachlorophenol, and (3) cohort web-based meeting to obtain studies of pentachlorophenol Mental Health Special Emphasis Panel; information related to evaluating human ITVA/ITVC Conflicts. production workers or users. A key epidemiologic studies on exposure to issue in evaluating the evidence in Date: November 8, 2012. pentachlorophenol and cancer risk and Time: 3:30 p.m. to 5:30 p.m. humans is the potential for confounding invites the nomination of speakers. Agenda: To review and evaluate grant from co-exposures, especially applications. Nominees should have expertise in contaminants of pentachlorophenol Place: National Institutes of Health, cancer epidemiology and knowledge of formed during its production. Major Neuroscience Center, 6001 Executive studies related to exposure to cancers of interest are multiple Boulevard, Rockville, MD 20852, (Telephone pentachlorophenol. Self-nomination is myeloma, lymphoma, and soft-tissue Conference Call). permitted. sarcoma. Contact Person: Vinod Charles, Ph.D., DATES: The deadline for nominations is Meeting Information: ORoC will hold Scientific Review Officer, Division of December 3, 2012. a web-based meeting to obtain Extramural Activities, National Institute of ADDRESSES: Nominations should be information related to evaluating human Mental Health, NIH, Neuroscience Center, epidemiologic studies on exposure to 6001 Executive Blvd., Room 6151, MSC 9606, submitted to Dr. Ruth Lunn, Director, ORoC, DNTP, NIEHS, P.O. Box 12233, pentachlorophenol and cancer risk, Bethesda, MD 20892–9606, 301–443–1606, especially for lymphoma and multiple [email protected]. MD K2–14, Research Triangle Park, NC 27709; telephone (919) 316–4637; FAX: myeloma. In planning for this event, Name of Committee: National Institute of (301) 480–2970; [email protected]. ORoC is inviting the nomination of Mental Health Special Emphasis Panel; speakers who would make presentations Grand Challenges in Global Mental Health. Courier address: NIEHS, Room 2138, 530 Davis Drive, Morrisville, NC 27560. that focus on the methods used in Date: November 8, 2012. human epidemiologic studies of Time: 12:00 p.m. to 5:30 p.m. FOR FURTHER INFORMATION CONTACT: Dr. pentachlorophenol to evaluate potential Agenda: To review and evaluate grant Ruth Lunn, Director, ORoC, DNTP, confounding from occupational co- applications. NIEHS, P.O. Box 12233, MD K2–14, exposures, other types of information Place: National Institutes of Health, Research Triangle Park, NC 27709; that may be important in evaluating Neuroscience Center, 6001 Executive telephone (919) 316–4637; FAX: (301) potential confounding, and how Boulevard, Rockville, MD 20852, (Telephone 480–2970; [email protected]. Courier Conference Call). exposure to confounders may affect address: NIEHS, Room 2138, 530 Davis each study’s findings. Once plans for Contact Person: Marina Broitman, Ph.D., Drive, Morrisville, NC 27560. Scientific Review Officer, Division of the web-based meeting are finalized, Extramural Activities, National Institute of SUPPLEMENTARY INFORMATION: additional information including Mental Health, NIH, Neuroscience Center, Background: Pentachlorophenol agenda, speakers, logistics, and 6001 Executive Blvd., Room 6153, MSC 9608, (including its sodium salts) is a registration, will be announced in a Bethesda, MD 20892–9608, 301–402–8152, chlorinated aromatic compound that is subsequent Federal Register notice. [email protected]. used primarily as a wood preservative Request for Nominations of Speakers: (Catalogue of Federal Domestic Assistance in the United States. It was selected for ORoC invites the nomination of Program Nos. 93.242, Mental Health Research evaluation for the RoC based on speakers for the web-based meeting with Grants; 93.281, Scientist Development widespread past use and current expertise in epidemiology and Award, Scientist Development Award for exposure in the United States and an knowledge of cancer studies on Clinicians, and Research Scientist Award; adequate database of cancer studies. exposure to pentachlorophenol. Self- 93.282, Mental Health National Research The final concept document for nomination is permitted. Each Service Awards for Research Training, pentachlorophenol, which outlines the nomination should include (1) Contact National Institutes of Health, HHS) rationale for its selection for RoC information for the nominee [name,
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affiliation (if any), address, telephone, inaccurate Internet link to RSVP for the safety of operations and other matters fax, and email], (2) a short description public meeting. affecting the oil and gas offshore of the individual’s expertise relative to DATES: The notice of public meeting; industry. These meetings are open to the the review of human epidemiologic request for comments published in the public. studies of exposure to Federal Register on October 11, 2012 DATES: NOSAC will meet Wednesday, pentachlorophenol and cancer risk, (3) (77 FR 61771) is corrected as of October November 7, 2012, from 1 p.m. to 5 p.m. curriculum vitae, and (4) an abstract 17, 2012. and Thursday, November 8, 2012, from describing what would be covered in FOR FURTHER INFORMATION CONTACT: If 8:30 a.m. to 5 p.m. Two subcommittees the talk to address the presentations’ you have questions concerning the will meet the afternoon of November 7. focus as noted above in ‘‘Meeting meeting or this notice, please call or Please note that the meetings may close Information.’’ Persons submitting email LTJG Lindsey Musselwhite, early if the committee has completed its nominations should provide their name, Commandant (CG–FAC–2), Coast Guard; business or be extended based on the contact information, affiliation, and telephone 202–372–1136, email level of public comments. sponsoring organization (if any). [email protected] or ADDRESSES: The meetings will be held at Nominations should be submitted to Dr. LCDR Jose´ Ramı´rez, Commandant (CG– the Marriott South Hobby Airport Hotel, Lunn (see ADDRESSES); their receipt will FAC–2), Coast Guard; telephone 202– 9100 Gulf Freeway, Houston, TX 77017, be acknowledged by email. The 372–1150, email http://www.marriott.com/houhh. The deadline for nominations is December 3, [email protected]. If you have November 7 afternoon subcommittee 2012. Persons selected as speakers will questions on viewing or submitting meetings will be held in the Corpus be notified by email at least 30 days material to the docket, call Ms. Renee V. Christi room. The November 8 meeting prior to the meeting. Wright, Program Manager, Docket will also be held at Marriott South Background Information on the RoC: Operations, telephone 202–366–9826. Hobby Airport Hotel, in the Corpus The RoC is a congressionally mandated Christi/South Padre Rooms. SUPPLEMENTARY INFORMATION: The notice document that identifies and discusses For information on facilities or of public meeting; request for comments substances that may pose a hazard to services for individuals with disabilities published in the Federal Register on human health by virtue of their or to request special assistance at the October 11, 2012 (77 FR 61771) contains carcinogenicity. Substances are listed in meeting, contact the person listed in FOR an inaccurate Internet link on page the report as either known or reasonably FURTHER INFORMATION CONTACT as soon 61771. This correction provides the anticipated human carcinogens. The as possible. accurate Internet link to RSVP for the NTP prepares the RoC on behalf of the To facilitate public participation, we public meeting. Secretary of Health and Human Services are inviting public comment on the following a formal, multi-step process Correction issues to be considered by the committee as listed in the ‘‘AGENDA’’ for review and evaluation of selected In the notice of public meeting; substances (http://ntp.niehs.nih.gov/go/ section below. Comments must be request for public comments FR Doc. submitted in writing no later than rocprocess). Information about the RoC 2012–0908, beginning on page 61771, is available on the RoC Web site (http:// October 25, 2012, and must be make the following correction. On page identified by USCG–2012–0855 and ntp.niehs.nih.gov/go/roc) or by 61771, revise the last paragraph in the contacting Dr. Lunn (see ADDRESSES). may be submitted by one of the ADDRESSES section to read as follows: following methods: Dated: October 11, 2012. To RSVP for the meeting, fill out the • Federal eRulemaking Portal: http:// John R. Bucher, RSVP form using the following link www.regulations.gov. Follow the Associate Director, National Toxicology https://einvitations.afit.edu/inv/ instructions for submitting comments. Program. anim.cfm?i=123867&k=036341017D50. • Fax: (202) 493–2251. [FR Doc. 2012–25472 Filed 10–16–12; 8:45 am] Dated: October 11, 2012. • Mail: Docket Management Facility BILLING CODE 4140–01–P Kathryn Sinniger, (M–30), U.S. Department of Chief, Office of Regulations and Transportation, West Building Ground Administrative Law, U.S. Coast Guard. Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– DEPARTMENT OF HOMELAND [FR Doc. 2012–25571 Filed 10–16–12; 8:45 am] BILLING CODE 9110–04–P 0001. SECURITY • Hand Delivery: Same as mail address above, between 9 a.m. and 5 Coast Guard DEPARTMENT OF HOMELAND p.m., Monday through Friday, except [Docket No. USCG–2012–0908] SECURITY Federal holidays. The telephone number is 202–366–9329. • Facility Security Officer Training Coast Guard To avoid duplication, please use Requirements; Correction only one of these methods. [Docket No. USCG–2012–0855] Instructions: All submissions received AGENCY: Coast Guard, DHS. must include the words ‘‘Department of National Offshore Safety Advisory Homeland Security’’ and the docket ACTION: Notice of public meeting; Committee request for comments; correction. number for this action. Comments AGENCY: United States Coast Guard received will be posted without SUMMARY: The Coast Guard published a ACTION: Committee Management; Notice alteration at http://www.regulations.gov, notice of public meeting; request for of Federal Advisory Committee including any personal information comments in the Federal Register on Meetings. provided. You may review a Privacy Act October 11, 2012 (77 FR 61771), notice regarding our public dockets in announcing a public meeting to receive SUMMARY: The National Offshore Safety the January 17, 2008, issue of the comments on the development of a Advisory Committee (NOSAC) will meet Federal Register (73 FR 3316). Facility Security Officer training on November 7 and 8, 2012, in Houston, Docket: For access to the docket to program. The notice contains an TX to discuss various issues related to read documents or comments related to
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this Notice, go to http:// consider public comments in The committee will review the www.regulations.gov, insert USCG– formulating final recommendations to information presented on each issue, 2011–0855 in the Keyword ID box, press the agency. Public comments or deliberate on any recommendations Enter, and then click on the item you questions will be taken at the discretion presented in the subcommittees’ reports, are interested in viewing. of the DFO during the discussion and and formulate recommendations for the A public comment period will be held recommendations portion of the Department’s consideration. during the meeting on November 8, meeting as well as during the public The committee will also receive 2012, and speakers are requested to comment period, see Agenda item (13). tasking from CDR Rob Smith, limit their comments to 3 minutes. A complete agenda for November 8th is Designated Federal Officer, on one Please note that the public comment as follows: proposed task statement: Standards for period may end before the time (1) Committee Administration; Accommodation Service Vessels. The indicated, following the last call for (2) Welcoming comments from USCG; committee will make recommendations comments. Contact one of the (3) Presentation and discussion of to the U.S. Coast Guard concerning this individuals listed below to register as a Reports and Recommendations from the task. speaker. subcommittees and subsequent actions Dated: October 11, 2012. on: FOR FURTHER INFORMATION CONTACT: F.J. Sturm, Commander Rob Smith, Designated (a) Standards for DP Operating Personnel; and Acting Director of Commercial Regulations Federal Officer of NOSAC, Commandant and Standards. (CG–OES–2), U.S. Coast Guard, 2100 (b) Mississippi Canyon Block 252 [FR Doc. 2012–25569 Filed 10–16–12; 8:45 am] Second Street SW., Stop 7126, Incident Reports. Washington, DC 20593–0001; telephone (4) An update on recent U.S. Coast BILLING CODE 9110–04–P (202) 372–1410, fax (202) 372–1926, or Guard (USCG) regulations and Federal Mr. Scott Hartley, Alternate Designated Register notices that affect the offshore Federal Officer of NOSAC, Commandant industry; DEPARTMENT OF THE INTERIOR (5) An update on recent Bureau of (CG–OES–2), U.S. Coast Guard, 2100 Bureau of Indian Affairs Second Street SW., Stop 7126, Safety and Environmental Enforcement (BSEE) regulations, Federal Register Washington, DC 20593–0001; telephone Rate Adjustments for Indian Irrigation notices and Notice to Lessees; (202) 372–1437, fax (202) 372–1926. If Projects you have questions on viewing or (6) A USCG Perspective on Arctic submitting material to the docket, call Activities; AGENCY: Bureau of Indian Affairs, Renee V. Wright, Program Manager, (7) USCG Voluntary Operational Interior. Docket Operations, telephone 202–366– Dynamic Positioning Guidelines; ACTION: Notice of proposed rate (8) USCG National Center of 9826. adjustments. Expertise, Outer Continental Shelf SUPPLEMENTARY INFORMATION: Notice of (OCS) Inspections; SUMMARY: The Bureau of Indian Affairs this meeting is given under the Federal (9) Updates on International Maritime (BIA) owns or has an interest in Advisory Committee Act, 5 U.S.C. App. Organization (IMO) activities of interest irrigation projects located on or (Pub. L. 92–463). The National Offshore to the OCS community; associated with various Indian Safety Advisory Committee (NOSAC) (10) American Petroleum Institute’s reservations throughout the United provides advice and recommendations Center for Offshore Safety Strategic Plan States. We are required to establish to the Department of Homeland Security and Future Activities; irrigation assessment rates to recover the on matters and actions concerning (11) Quality of USCG Inspections on costs to administer, operate, maintain, activities directly involved with or in the OCS/Overview of USCG’s mission and rehabilitate these projects. We support of the exploration of offshore management system program; request your comments on the proposed mineral and energy resources insofar as (12) Task Statement discussion of rate adjustments. they relate to matters within U.S. Coast Standards for Accommodation Service Guard jurisdiction. DATES: Interested parties may submit Vessels; comments on the proposed rate Agenda (13) Period for Public comment; and adjustments on or before December 17, (14) Adjournment of meeting. 2012. Day 1 A copy of each report is available at ADDRESSES: All comments on the NOSAC’s two subcommittees will the https://www.fido.gov Web site or by proposed rate adjustments must be in meet on November 7, 2012, between 1 contacting Scott Hartley. Use ‘‘code 68’’ writing and addressed to: Yulan Jin, p.m. and 5 p.m., to discuss its ongoing to identify NOSAC when accessing this Acting Chief, Division of Water and work. Times for these meetings are as material through the Web site. Once you Power, Office of Trust Services, Mail follows: (1) Standards for Dynamic have accessed the Committee page, click Stop 4637–MIB, 1849 C Street NW., Positioning (DP) Operating Personnel (1 on the meetings tab and then the Washington, DC 20240, Telephone (202) p.m. to 3:00 p.m.) and (2) Review of the ‘‘View’’ button for the meeting dated 219–0941. Mississippi Canyon Block 252 Incident November 8, 2012, to access the Reports stemming from the Deepwater information for this meeting. Minutes FOR FURTHER INFORMATION CONTACT: For Horizon casualty event (3:00 p.m. to 5 will be available approximately 30 days details about a particular irrigation p.m.). after this meeting. Both minutes and project, please use the tables in documents applicable for this meeting SUPPLEMENTARY INFORMATION section to Day 2 can also be found at an alternative site contact the regional or local office The NOSAC will meet on November using the following web address: where the project is located. 8, 2012, to review and discuss reports https://homeport.uscg.mil/NOSAC. SUPPLEMENTARY INFORMATION: The first and recommendations received from the A transcript of the meeting and any table in this notice provides contact two subcommittees from their material presented at the meeting will information for individuals who can deliberations on November 7. The be made available through the https:// give further information about the Committee will use this information and www.fido.gov Web site. irrigation projects covered by this
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notice. The second table provides the Operation and maintenance (O&M) BIA’s regulations governing its current 2012 irrigation assessment rates, assessment means the periodic charge operation and maintenance of irrigation the proposed rates for the 2013 you must pay us to reimburse costs of projects, found at 25 CFR part 171. This irrigation season, and proposed rates for administering, operating, maintaining, regulation provides for the subsequent years where these are and rehabilitating irrigation projects establishment and publication of the available. consistent with this notice and our rates for annual irrigation assessments supporting policies, manuals, and as well as related information about our What is the meaning of the key terms handbooks. irrigation projects. used in this notice? Operation or operating costs means What authorizes you to issue this In this notice: costs we incur to operate our irrigation notice? Administrative costs mean all costs projects and equipment and is a cost we incur to administer our irrigation factor included in calculating your O&M Our authority to issue this notice is projects at the local project level and is assessment. vested in the Secretary of the Interior by a cost factor included in calculating Past due bill means a bill that has not 5 U.S.C. 301 and the Act of August 14, your operation and maintenance been paid by the close of business on 1914 (38 Stat. 583; 25 U.S.C. 385). The assessment. Costs incurred at the local the 30th day after the due date as stated Secretary has in turn delegated this project level do not normally include on the bill. Beginning on the 31st day authority to the Assistant Secretary— Agency, Region, or Central Office costs after the due date, we begin assessing Indian Affairs under Part 209, Chapter unless we state otherwise in writing. additional charges accruing from the 8.1A, of the Department of the Interior’s Assessable acre means lands due date. Departmental Manual. designated by us to be served by one of Rehabilitation costs means costs we When will you put the rate adjustments our irrigation projects, for which we incur to restore our irrigation projects or into effect? collect assessments in order to recover features to original operating condition costs for the provision of irrigation or to the nearest state which can be We will put the rate adjustments into service. (See total assessable acres.) achieved using current technology and effect for the 2013 irrigation season and BIA means the Bureau of Indian is a cost factor included in calculating subsequent years where applicable. Affairs. your O&M assessment. How do you calculate irrigation rates? Bill means our statement to you of the Responsible party means an assessment charges and/or fees you owe individual or entity that owns or leases We calculate annual irrigation the United States for administration, land within the assessable acreage of assessment rates in accordance with 25 operation, maintenance, and/or one of our irrigation projects and is CFR 171.500 by estimating the annual rehabilitation. The date we mail or responsible for providing accurate costs of operation and maintenance at hand-deliver your bill will be stated on information to our billing office and each of our irrigation projects and then it. paying a bill for an annual irrigation rate dividing by the total assessable acres for Costs means the costs we incur for assessment. that particular irrigation project. The administration, operation, maintenance, Total assessable acres means the total result of this calculation for each project and rehabilitation to provide direct acres served by one of our irrigation is stated in the rate table in this notice. support or benefit to an irrigation projects. facility. (See administrative costs, What kinds of expenses do you Water delivery is an activity that is consider in determining the estimated operation costs, maintenance costs, and part of the irrigation service we provide rehabilitation costs). annual costs of operation and our customers when water is available. maintenance? Customer means any person or entity We, us, and our means the United to which we provide irrigation service. States Government, the Secretary of the Consistent with 25 CFR 171.500, these Due date is the date on which your Interior, the BIA, and all who are expenses include the following: bill is due and payable. This date will authorized to represent us in matters (a) Salary and benefits for the project be stated on your bill. covered under this notice. engineer/manager and project I, me, my, you and your means all employees under the project engineer/ persons or entities that are affected by Does this notice affect me? manager’s management or control; this notice. This notice affects you if you own or (b) Materials and supplies; Irrigation project means a facility or lease land within the assessable acreage (c) Vehicle and equipment repairs; portion thereof for the delivery, of one of our irrigation projects or if you (d) Equipment costs, including lease diversion, and storage of irrigation water have a carriage agreement with one of fees; that we own or have an interest in, our irrigation projects. (e) Depreciation; including all appurtenant works. The (f) Acquisition costs; term ‘‘irrigation project’’ is used Where can I get information on the (g) Maintenance of a reserve fund interchangeably with irrigation facility, regulatory and legal citations in this available for contingencies or irrigation system, and irrigation area. notice? emergency costs needed for the reliable Irrigation service means the full range You can contact the appropriate operation of the irrigation facility of services we provide customers of our office(s) stated in the tables for the infrastructure; irrigation projects. This includes our irrigation project that serves you, or you (h) Maintenance of a vehicle and activities to administer, operate, can use the Internet site for the heavy equipment replacement fund; maintain, and rehabilitate our projects Government Printing Office at http:// (i) Systematic rehabilitation and in order to deliver water. www.gpo.gov. replacement of project facilities; Maintenance costs means costs we (j) Contingencies for unknown costs incur to maintain and repair our Why are you publishing this notice? and omitted budget items; and irrigation projects and associated We are publishing this notice to notify (k) Other expenses we determine equipment and is a cost factor included you that we propose to adjust our necessary to properly perform the in calculating your operation and irrigation assessment rates. This notice activities and functions characteristic of maintenance assessment. is published in accordance with the an irrigation project.
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When should I pay my irrigation What happens if I am a responsible Are there any additional charges if I am assessment? party but I fail to furnish the late paying my bill? information required to the billing We will mail or hand-deliver your bill Yes. We will assess you interest on office responsible for the irrigation the amount owed, using the rate of notifying you of: (a) the amount you project within which I own or lease owe to the United States; and (b) when interest established annually by the assessable land or for which I have a Secretary of the United States Treasury such amount is due. If we mail your bill, carriage agreement? (Treasury) to calculate what you will be we will consider it as being delivered no assessed (31 CFR 901.9(b)). You will not later than 5 business days after the day If you are late paying your bill be assessed this charge until your bill is we mail it. You should pay your bill by because of your failure to furnish the past due. However, if you allow your the due date stated on the bill. required information listed above, you bill to become past due, interest will will be assessed interest and penalties What information must I provide for accrue from the original due date, not as provided below, and your failure to billing purposes? the past due date. Also, you will be provide the required information will charged an administrative fee of $12.50 All responsible parties are required to not provide grounds for you to appeal for each time we try to collect your past provide the following information to the your bill or any penalties assessed. due bill. If your bill becomes more than billing office associated with the What can happen if I do not provide the 90 days past due, you will be assessed irrigation project where you own or information required for billing a penalty charge of six percent (6%) per lease land within the project’s purposes? year, which will accrue from the date assessable acreage or to the billing office your bill initially became past due. As associated with the irrigation project We can refuse to provide you a Federal agency, we are required to with which you have a carriage irrigation service. charge interest, penalties, and agreement: administrative costs on debts owed to us If I allow my bill to become past due, pursuant to 31 U.S.C. 3717 and 31 CFR (1) The full legal name of person or could this affect my water delivery? 901.9, ‘‘Interest, penalties, and entity responsible for paying the bill; administrative costs.’’ (2) An adequate and correct address If we do not receive your payment for mailing or hand-delivering our bill; before the close of business on the 30th What else will happen to my past due and day after the due date stated on your bill? bill, we will send you a past due notice. If you do not pay your bill or make (3) The taxpayer identification This past due notice will have number or Social Security number of payment arrangements to which we additional information concerning your agree, we are required to send your past the person or entity responsible for rights. We will consider your past due paying the bill. due bill to the Treasury for further notice as delivered no later than 5 action. Under the provisions of 31 CFR Why are you collecting my taxpayer business days after the day we mail it. 901.1, ‘‘Aggressive agency collection identification number or Social We have the right to refuse water activity,’’ we must send any unpaid Security number? delivery to any irrigated land for which annual irrigation assessment bill to the bill is past due. We can continue to Treasury no later than 180 days after the Public Law 104–134, the Debt refuse water delivery until you pay your original due date of the bill. Collection Improvement Act of 1996, bill or make payment arrangements to requires that we collect the taxpayer which we agree. We follow the Who can I contact for further identification number or Social Security procedures provided in 31 CFR 901.2, information? number before billing a responsible ‘‘Demand for Payment,’’ when The following tables are the regional party and as a condition to servicing the demanding payment of your past due and project/agency contacts for our account. bill. irrigation facilities.
Northwest Region Contacts
Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232–4169, Telephone: (503) 231–6702.
Project Name Project/Agency Contacts
Fort Hall Irrigation Project ...... Dean Fox, Superintendent, Fort Hall Agency, P.O. Box 220, Fort Hall, ID 83203–0220, Tele- phone: (208) 238–2301. Wapato Irrigation Project ...... Edwin Lewis, Project Administrator, Wapato Irrigation Project, P.O. Box 220, Wapato, WA 98951–0220, Telephone: (509) 877–3155.
Rocky Mountain Region Contacts
Ed Parisian, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, Montana 59101, Telephone: (406) 247–7943.
Project Name Agency/Project Contacts
Blackfeet Irrigation Project ...... Stephen Pollock, Superintendent, Greg Tatsey, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338–7544, Superintendent; (406) 338–7519, Irrigation Project Manager.
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Crow Irrigation Project ...... Vianna Stewart, Superintendent, Kyle Varvel, Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638–2672, Superintendent; (406) 638–2863, Irriga- tion Project Manager. Fort Belknap Irrigation Project ...... Cliff Hall, Superintendent, Vacant, Irrigation Project Manager (Project operations & manage- ment contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353– 2901, Superintendent; (406) 353–8454, Irrigation Project Manager (Tribal Office). Fort Peck Irrigation Project ...... Rhonda Knudsen, Superintendent, P.O. Box 637, Poplar, MT 59255, Huber Wright, Acting Irri- gation Project Manager, 602 6th Avenue North, Wolf Point, MT 59201, Telephones: (406) 768–5312, Superintendent; (406) 653–1752, Irrigation Project Manager. Wind River Irrigation Project ...... Ed Lone Fight, Superintendent, Brent Allen, Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332–7810, Superintendent; (307) 332–2596, Irri- gation Project Manager.
Southwest Region Contacts
William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, New Mexico 87104, Telephone: (505) 563–3100.
Project Name Project/Agency Contacts
Pine River Irrigation Project ...... John Waconda, Superintendent, Vacant, Irrigation Systems Operator, Irrigation Engineer. P.O. Box 315, Ignacio, CO 81137–0315, Telephones: (970) 563–4511, Superintendent; (970) 563–9484, Irrigation Engineer.
Western Region Contacts
Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix, Arizona 85004, Telephone: (602) 379–6600.
Project Name Project/Agency Contacts
Colorado River Irrigation Project ...... MarDon Glory, Acting Superintendent, Gary Colvin, Acting Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669–7111. Duck Valley Irrigation Project ...... Joseph McDade, Superintendent, 2719 Argent Avenue, Suite 4, Gateway Plaza, Elko, NV 89801, Telephone: (775) 738–0569. Fort Yuma Irrigation Project ...... Irene Herder, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Tele- phone: (928) 782–1202. San Carlos Irrigation Project Joint Works ...... Ferris Begay, Acting Project Manager, Clarence Begay, Irrigation Manager, P.O. Box 250, Coolidge, AZ 85128, Telephone: (520) 723–6203. San Carlos Irrigation Project Indian Works ...... Cecilia Martinez, Superintendent, Joe Revak, Supervisory General Engineer, Pima Agency, Land Operations, P.O. Box 8, Sacaton, AZ 85147, Telephone: (520) 562–3326, Telephone: (520) 562–3372. Uintah Irrigation Project ...... Johanna Blackhair, Superintendent, Dale Thomas, Irrigation Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722–4300, Telephone: (435) 722–4344. Walker River Irrigation Project ...... Athena Brown, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887–3500.
What irrigation assessments or charges where we recover costs of applicable. An asterisk immediately are proposed for adjustment by this administering, operating, maintaining, following the name of the project notes notice? and rehabilitating them. The table also the irrigation projects where rates are The rate table below contains the contains the proposed rates for the 2013 proposed for adjustment. current rates for all irrigation projects season and subsequent years where
Final Proposed Project name Rate category 2012 rate 2013 rate
Northwest Region Rate Table
Fort Hall Irrigation Project * ...... Basic-per acre ...... $45.50 $47.00 Minimum Charge per tract ...... 32.50 32.50
Fort Hall Irrigation Project—Minor Units * ...... Basic-per acre ...... 23.50 24.00 Minimum Charge per tract ...... 32.50 32.50
Fort Hall Irrigation Project—Michaud * ...... Basic-per acre ...... 45.00 47.50 Pressure per acre ...... 62.00 65.50 Minimum Charge per tract ...... 32.50 32.50
Wapato Irrigation Project—Toppenish/Simcoe Units * ...... Minimum Charge for per bill ...... 20.00 21.00 Basic-per acre ...... 20.00 21.00
Wapato Irrigation Project—Ahtanum Units * ...... Minimum Charge per bill ...... 20.00 24.00 Basic-per acre ...... 20.00 24.00
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Final Proposed Project name Rate category 2012 rate 2013 rate
Wapato Irrigation Project—Satus Unit * ...... Minimum Charge for per bill ...... 65.00 71.00 ‘‘A’’ Basic-per acre ...... 65.00 71.00 ‘‘B’’ Basic-per acre ...... 70.00 77.00
Wapato Irrigation Project—Additional Works * ...... Minimum Charge per bill ...... 67.00 71.00 Basic-per acre ...... 67.00 71.00
Wapato Irrigation Project—Water Rental * ...... Minimum Charge ...... 72.00 79.00 Basic-per acre ...... 72.00 79.00
Rocky Mountain Region Rate Table
Blackfeet Irrigation Project * ...... Basic-per acre ...... 19.00 19.50
Crow Irrigation Project—Willow Creek O&M (includes Agency, Lodge Grass Basic-per acre ...... 23.30 23.80 #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units) *.
Crow Irrigation Project—All Others (includes Bighorn, Soap Creek, and Pryor Basic-per acre ...... 23.00 23.50 Units) *.
Crow Irrigation Two Leggins Drainage District ...... Basic-per acre ...... 2.00 2.00
Fort Belknap Irrigation Project * ...... Basic-per acre ...... 14.75 15.00
Fort Peck Irrigation Project * ...... Basic-per acre ...... 24.70 25.00
Wind River Irrigation Project—Units 2, 3 and 4 * ...... Basic-per acre ...... 20.00 21.00
Wind River Irrigation Project—LeClair District * (see Note #1) ...... Basic-per acre ...... 20.00 30.84
Wind River Irrigation Project—Crow Heart Unit* ...... Basic-per acre ...... 14.00 14.00
Wind River Irrigation Project—A Canal Unit * ...... Basic-per acre ...... 14.00 14.00
Wind River Irrigation Project—Riverton Valley Irrigation District ...... Basic-per acre ...... 16.00 16.00
Southwest Region Rate Table
Pine River Irrigation Project ...... Minimum Charge per tract ...... 50.00 50.00 Basic-per acre ...... 15.00 15.00
Proposed 2013 Proposed 2014 Project name Rate category Final 2012 rate rate rate
Western Region Rate Table
Colorado River Irrigation Project ...... Basic-per acre up to 5.75 $54.00 $54.00 To be acre-feet. determined.
Excess Water per acre-foot 17.00 17.00 over 5.75 acre-feet.
Duck Valley Irrigation Project ...... Basic-per acre ...... 5.30 TBD
Fort Yuma Irrigation Project (See Note #2) ...... Basic-per acre up to 5.0 86.00 TBD acre-feet.
Excess Water per acre-foot 14.00 TBD over 5.0 acre-feet.
Basic-per acre up to 5.0 86.00 TBD acre-feet (Ranch 5).
San Carlos Irrigation Project (Joint Works) (See Note #3) Basic-per acre ...... 30.00 $30.00 $30.00
Proposed 2012—2013 Construction Water Rate Schedule:
Off Project On Project On Project Construction Construction— Construction— Gravity Water Pump Water
Administrative Fee ...... $300.00 $300.00 $300.00
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Proposed 2013 Proposed 2014 Project name Rate category Final 2012 rate rate rate
Usage Fee ...... $250.00 per No Fee $100.00 per month acre-foot
Excess Water Rate † ...... $5 per No charge No charge 1000 gal
† The excess water rate applies to all water used in excess of 50,000 gallons in any one month.
San Carlos Irrigation Project (Indian Works) * (See Note Basic-per acre ...... $73.00 $81.00 To be #4). determined.
Uintah Irrigation Project ...... Basic-per acre ...... 16.00 16.00
Minimum Bill ...... 25.00 25.00
Walker River Irrigation Project * ...... Indian per acre ...... 25.00 28.00
Non-Indian per acre ...... 25.00 28.00 * Notes irrigation projects where rates are proposed for adjustment. NOTE #1—The O&M rate varies yearly based upon the budget submitted by the LeClair District. NOTE #2—The O&M rate for the Fort Yuma Irrigation Project has two components. The first component is the O&M rate established by the Bu- reau of Reclamation (BOR), the owner and operator of the Project. The BOR rate for 2013 is yet to be determined. The second component is for the O&M rate established by BIA to cover administrative costs including billing and collections for the Project. The 2013 BIA rate also is yet to be determined. NOTE #3—The 2013 rate was established by final notice in the Federal Register on February 23, 2012 (Vol. 77 No. 36, page 10767). In addi- tion, a Construction Water Rate Schedule for the San Carlos Irrigation Project—Joint Works is now formally established. The rate schedule es- tablishes the fees assessed for use of irrigation water for non-irrigation purposes. NOTE #4—The 2013 O&M rate for the San Carlos Irrigation Project—Indian Works has three components. The first component is the O&M rate established by the San Carlos Irrigation Project—Indian Works, the owner and operator of the Project; this rate is proposed to be $43 per acre. The second component is for the O&M rate established by the San Carlos Irrigation Project—Joint Works and is determined to be $30.00 per acre. The third component is the O&M rate established by the San Carlos Irrigation Project Joint Control Board and is proposed to be $8 per acre.
Consultation and Coordination With irrigation projects, except for the Fort required by the Unfunded Mandates Tribal Governments (Executive Order Yuma Irrigation Project. The Fort Yuma Reform Act (2 U.S.C. 1531 et seq.). 13175) Irrigation Project is owned and operated Takings (Executive Order 12630) To fulfill its consultation by the Bureau of Reclamation with a The Department has determined that responsibility to tribes and tribal portion serving the Fort Yuma these rate adjustments do not have organizations, BIA communicates, Reservation. significant ‘‘takings’’ implications. The coordinates, and consults on a Regulatory Planning and Review rate adjustments do not deprive the continuing basis with these entities on (Executive Order 12866) public, state, or local governments of issues of water delivery, water rights or property. availability, and costs of administration, These rate adjustments are not a operation, maintenance, and significant regulatory action and do not Federalism (Executive Order 13132) rehabilitation of projects that concern need to be reviewed by the Office of The Department has determined that them. This is accomplished at the Management and Budget under these rate adjustments do not have individual irrigation project by Project, Executive Order 12866. significant Federalism effects because Agency, and Regional representatives, they will not affect the States, the Regulatory Flexibility Act as appropriate, in accordance with local relationship between the national protocol and procedures. This notice is These rate adjustments are not a rule government and the States, or the one component of our overall for the purposes of the Regulatory distribution of power and coordination and consultation process Flexibility Act because they establish ‘‘a responsibilities among various levels of to provide notice to, and request rule of particular applicability relating government. comments from, these entities when we to rates.’’ 5 U.S.C. 601(2). adjust irrigation assessment rates. Civil Justice Reform (Executive Order 12988) Actions Concerning Regulations That Unfunded Mandates Reform Act of In issuing this rule, the Department Significantly Affect Energy Supply, 1995 has taken the necessary steps to Distribution, or Use (Executive Order These rate adjustments do not impose eliminate drafting errors and ambiguity, 13211) an unfunded mandate on State, local, or minimize potential litigation, and The rate adjustments will have no tribal governments in the aggregate, or provide a clear legal standard for adverse effects on energy supply, on the private sector, of more than $130 affected conduct, as required by section distribution, or use (including a million per year. The rule does not have 3 of Executive Order 12988. shortfall in supply, price increases, and a significant or unique effect on State, increase use of foreign supplies) should local, or tribal governments or the Paperwork Reduction Act of 1995 the proposed rate adjustments be private sector. Therefore, the These rate adjustments do not affect implemented. This is a notice for rate Department is not required to prepare a the collections of information which adjustments at BIA-owned and operated statement containing the information have been approved by the Office of
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Information and Regulatory Affairs, The lands surveyed are: and right-of-way permits to PPL Electric Office of Management and Budget, Huntsville Meridian, Alabama Utilities Corporation and the Public under the Paperwork Reduction Act of Service Electric and Gas Company 1995. The OMB Control Number is T. 18 S., R 7 E. (applicant) for the Susquehanna to 1076–0141 and expires December 31, The plat of survey represents the Roseland 500-kilovolt (kV) transmission 2012. remonumentation of the corner of line to pass through the Appalachian National Environmental Policy Act Sections 22, 23, 26, and 27, of the National Scenic Trail, Delaware Water Huntsville Meridian, in the State of Gap National Recreation Area, and The Department has determined that Alabama, and was accepted July 29, Middle Delaware National Scenic and these rate adjustments do not constitute 2012. Recreational River. The ROD is based on a major Federal action significantly SUPPLEMENTARY INFORMATION: This the Susquehanna to Roseland 500-kV affecting the quality of the human survey was requested by the Bureau of Transmission Line Right-of-Way and environment and that no detailed Indian Affairs, Midwest Region. Special Use Permit Final Environmental statement is required under the National Impact Statement (Final EIS) which was Environmental Policy Act of 1969 (42 Louisiana Meridian, Louisiana released for a 30-day no action period U.S.C. 4321–4370(d)). T 5 N., R 1 W. beginning on September 1, 2012 and Information Quality Act The plat of survey represents the ending September 30, 2012. The ROD describes the selected alternative; other In developing this notice, we did not survey of a parcel of land held in trust alternatives considered; the basis for the conduct or use a study, experiment, or for the Jena Band of Choctaw Indians decision to grant the permit requested survey requiring peer review under the within Lot 6, Pine Heights Subdivision by the applicant; and mitigation Information Quality Act (Pub. L. 106– in Section 9, of the Louisiana Meridian, 554). in the State of Louisiana, and was measures. The ROD is not the final accepted September 17, 2012. agency action for those elements of the Dated: October 11, 2012. We will place copies of the plats we decision that require the issuance of a Michael R. Smith, described in the open files. They will be permit or additional ROW. Final agency Acting Director, Bureau of Indian Affairs. available to the public as a matter of action to implement the decision will [FR Doc. 2012–25477 Filed 10–16–12; 8:45 am] information. occur when a permit and ROWs BILLING CODE 4310–W7–P If BLM receives a protest against these incorporating these terms are completed surveys, as shown on the plats, prior to and issued to the applicant. the date of the official filing, we will SUPPLEMENTARY INFORMATION: The ROD DEPARTMENT OF THE INTERIOR stay the filing pending our is provided below. consideration of the protest. We will not Bureau of Land Management officially file the plats until the day after United States Department of the [LLES956000–L19100000–BK0000– we have accepted or dismissed all Interior LRCMM0E04162] protests and they have become final, National Park Service including decisions on appeals. Eastern States: Filing of Plats of Record of Decision Survey Dated: October 5, 2012. Susquehanna to Roseland 500-kV Dominica Van Koten, Transmission Line Right-of-Way and AGENCY: Bureau of Land Management, Chief Cadastral Surveyor. Interior. Special Use Permit Environmental [FR Doc. 2012–25573 Filed 10–16–12; 8:45 am] Impact Statement ACTION: Notice of Filing of Plat of BILLING CODE 4310–GJ–P Survey; Alabama, Louisiana. Appalachian National Scenic Trail, Delaware Water Gap National SUMMARY: The Bureau of Land DEPARTMENT OF THE INTERIOR Recreation Area, Middle Delaware Management (BLM) will file the plats of National Scenic and Recreational survey of the lands described below in National Park Service River, Pennsylvania and New Jersey the BLM-Eastern States office in Springfield, Virginia, 30 calendar days [NPS–NER–HPPC–11442; 4320–pplb–318] Introduction from the date of publication in the The Department of the Interior, Record of Decision for the Final Federal Register. National Park Service (NPS), has Environmental Impact Statement for FOR FURTHER INFORMATION CONTACT: prepared this Record of Decision (ROD) the Susquehanna to Roseland 500- Bureau of Land Management-Eastern for the Susquehanna to Roseland 500- Kilovolt Transmission Line, States, 7450 Boston Boulevard, kV Transmission Line Right-of-Way and Appalachian National Scenic Trail; Springfield, Virginia 22153. Attn: Special Use Permit Environmental Delaware Water Gap National Cadastral Survey. Persons who use a Impact Statement (EIS) for Appalachian Recreation Area and Middle Delaware telecommunications device for the deaf National Scenic Trail (APPA), Delaware National Scenic and Recreational River (TDD) may call the Federal Information Water Gap National Recreation Area Relay Service (FIRS) at 1–800–877–8339 AGENCY: National Park Service, Interior. (DEWA), and Middle Delaware National to contact the above individual during ACTION: Notice of Availability. Scenic and Recreational River (MDSR) normal business hours. The FIRS is in Pennsylvania and New Jersey. This available 24 hours a day, 7 days a week, SUMMARY: Pursuant to Section 102(2)(C) ROD states what the decision is, to leave a message or question with the of the National Environmental Policy identifies the other alternatives above individual. You will receive a Act of 1969, as amended, and its considered, identifies the reply during normal business hours. implementing regulations (40 CFR parts environmentally preferable alternative, SUPPLEMENTARY INFORMATION: This 1500–1508), the Northeast Regional discusses the basis for the decision, lists survey was requested by the Bureau of Director, National Park Service (NPS), measures to minimize and/or mitigate Land Management, Eastern States, signed a Record of Decision (ROD) on environmental harm, and briefly Branch of Cadastral Survey. October 1, 2012, granting construction describes public and agency
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involvement in the decision-making the regional transmission operator, PJM. it issues a permit to grant a ROW and process. The Non-Impairment PJM oversees the overall movement of construction permit to PSEG and PPL Determination and final Statement of wholesale electricity between many for the expansion of the B–K Line to a Findings (SOF) for wetlands and electric utilities in all or parts of 13 new double-circuit line through NPS floodplains for the selected action are states and the District of Columbia. The lands in accordance with this decision. attached to this ROD. The ROD also PJM 2007 load forecast model identified The selected alternative will include the concludes the NPS’s responsibilities 23 projected grid reliability criteria installation of a double-circuit 500-kV under Section 106 of the National violations starting in 2012. PJM advised transmission line (consisting of new Historic Preservation Act, and its that an upgrade to this line would aid towers and conductors) and associated implementing regulations at 36 CFR in resolving several violations and telecommunications infrastructure. Two 800.8, by committing to the mitigation issues related to reliability and static lightning and communications of adverse effects to historic properties. congestion. The need for the proposed fiber lines will be installed on top of the S–R Line has been expressed several structures; these lines, respectively, will Project Background times by PJM in planning documents. protect the transmission lines from In 2007, the regional transmission PJM’s Regional Transmission Expansion electrical interruptions and will serve as operator, PJM Interconnection (PJM), Plans from 2007 to 2010 have identified a communication link between existing identified a 500-kV transmission line the proposed S–R Line as an important substations. This telecommunications between the Susquehanna Substation in project on what was termed by PJM as infrastructure will not be highly visible, Pennsylvania and the Roseland a ‘‘backbone’’ line. The North American and will not include cell towers. Substation in New Jersey as the Electric Reliability Corporation (NERC) Telecommunications infrastructure will preferred and most effective solution for also identified the proposed S–R Line as only be used for electrical transmission reliability violations forecasted as part a ‘‘backbone,’’ while the applicant has purposes and will not be sold to a third of the Federal Energy Regulatory repeatedly noted the need for and party. Existing structures in the B–K Commission-approved Regional importance of increased electrical Line ROW between the Bushkill Transmission Expansion Plan (RTEP) transmission capacity between Berwick, Substation and the eastern boundary of process. Responding to this assessment, Pennsylvania and Roseland, New Jersey. DEWA will be removed. Removal of the the applicant proposed to construct a If constructed, the new S–R Line would existing B–K line will require the 500-kV transmission to connect the two make the current transmission line removal of vegetation to permit the substations on a route that included corridor an even more important link in construction of spur roads to allow crossings of DEWA, APPA, and MDSR. the regional grid than it is now. The two equipment access. PPL Electric Utilities Corporation new lines proposed would require a Spur roads will be 20 feet wide and (PPL) and Public Service Electric and much higher level of access roads and will be surfaced with compacted dirt or Gas Company (PSE&G), jointly known activity to monitor and maintain. gravel. Grading will occur to backfill as the applicant, applied for a permit to The Pennsylvania Public Utility over the existing tower foundations, allow the construction, maintenance, Commission (PAPUC) and the New counterpoises, and ground wires, to and operation of the Susquehanna to Jersey Board of Public Utilities (NJBPU) create a natural cover. Crane pads, Roseland line (S–R Line) across three have approved the S–R Line, although approximately 200 feet by 200 feet will units of the national park system, the the approval included conditions and be constructed to provide a safe, level expansion of the existing right-of-way the NJBPU decision is being challenged pad for large cranes to mobilize, set (ROW), and the replacement of an in court. outriggers, and aid in the removal of existing 230-kV transmission line it Whether there is a need for the transmission line towers. Wire pulling owns. The existing 230-kV transmission proposed S–R Line project is not for the locations, approximately 200 feet by 200 line runs from the Bushkill substation to NPS to decide, nor is it a factor in the feet, will be used for coiling conductors the Kittatinny substation (B–K Line), preparation of the EIS; that question is after they have been cut. Lattice towers crossing DEWA, APPA, and MDSR. It within the purview of the PAPUC and will be disassembled at each tower also crosses a small panhandle of DEWA NJBPU. The NPS prepared an EIS to location and placed on a tractor-trailer en route to and northwest of the determine whether to grant or deny the or hoisted by an air crane and shipped Bushkill Station. The B–K Line towers applicant’s request for a construction to a staging area for eventual recycling. are approximately 80 feet in height and and ROW permit within NPS lands. The route for the selected alternative the deeded ROW varies from 100 to 380 follows the corridor of the B–K Line, feet in width through the parks. The Decision (Selected Action) which traverses approximately 4.3 miles applicant proposes to replace the B–K The National Park Service will of DEWA. Within DEWA boundaries, Line towers with new towers up to 195 implement alternative 2, which was the route crosses MDSR and APPA feet tall, install an additional circuit (the identified as the agency’s preferred approximately perpendicularly. Within S–R Line), and widen the ROW to alternative in the Susquehanna to the study area, the alternative 2 accommodate these new facilities. The Roseland 500-kV Transmission Line alignment is approximately 5.6 miles new replacement B–K Line will be Right-of-Way and Special Use Permit long. The alignment will enter DEWA capable of carrying 500-kV, though it Final EIS, with mitigation as described from the west in Pennsylvania would be initially energized at only 230- herein. The complete description of the approximately 0.25 mile east of Big kV. The applicant’s proposal includes selected alternative can be found in Bushkill Creek. The alignment will both the construction of the S–R Line Chapter 2 of the final EIS in the cross approximately 0.6 mile of DEWA and the replacement of the B–K Line as following sections: Description of the land and then exit the park. In the next part of the project. References in this Alternatives, Elements Common to All approximately 0.68-mile section of the document to ‘‘the line’’ refer to both Action Alternatives, and Alternative 2: study area, the alignment will travel to lines and the single set of towers they Applicant’s Proposed Route. A the Bushkill Substation, cross a small share. summary of the key points of the (0.06-mile) portion of DEWA, cross the The applicant’s purpose for the selected alternative is provided below. Fernwood Golf Course, and then reenter proposed S–R Line is to strengthen the Under the selected alternative, the DEWA south of the South Zone Ranger reliability of the grid at the direction of NPS will take final agency action when Station and north of DEWA
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Headquarters. The alignment will travel to provide a reasonably level pad free of on resources from construction, southeast within DEWA for any vegetation that could hinder tower operation, and maintenance activities. approximately 0.85 mile, then cross 0.10 construction. Some tower sites will The NPS will also establish mechanisms mile of MDSR just north of Depew require grading either to widen the pads to ensure that all mitigation obligations Island. The route will continue from the existing structures or to create are met, mitigation measures are southeast approximately 2.4 miles past new pads, while other sites will be on monitored for effectiveness, and the Watergate Recreation Site and cross relatively level areas that will only unsuccessful mitigation is quickly APPA. The route will then traverse require some vegetation removal. At remedied. In instances where impacts another 0.25 mile from APPA to the locations with steep topography, cannot be avoided and other mitigation eastern DEWA boundary. Beyond the extensive excavation may be required to is not feasible, compensation for boundary, the alignment will travel create a level pad. New towers will be resources lost or degraded through southeast approximately 0.7 mile to a constructed on a concrete foundation. project construction, operation, and Visual Split Location (VSL) which was Foundation dimensions will depend on maintenance will be required. Examples used in the EIS to identify the topography, tower height, span length, of items that cannot be directly geographical point outside the parks at and soil properties; however, tower remedied through other mitigation which it becomes physically possible foundations will generally extend below include impacts that degrade the scenic for the applicant to route the line as it grade for 15 to 30 feet or more, with a and other intrinsic values of the parks sees fit. diameter of 6 to 9 feet. On average, a or impacts that result in the loss of The width of the existing B–K Line typical concrete foundation will extend recreational use and visitor enjoyment. ROW ranges from 100 to 380 feet in approximately 3 feet above ground Compensation will be used to mitigate Pennsylvania and New Jersey; however, level. If monopoles are feasible, they these items by improving the the ROW is only cleared to a width will be used. If monopoles are not stewardship of other natural, cultural, between approximately 80 and 150 feet. feasible for these structures, it may be scenic, and recreational resources In the FEIS, this alternative was necessary to use lattice towers. similar to those impacted. analyzed assuming it would require Wire installation includes all The NPS will require the applicant to clearing of vegetation for an additional activities associated with the follow certain Best Management 50 to 200 feet of ROW. To avoid and installation of conductor wire onto the Practices (BMPs)/mitigation measures reduce impacts caused by clearing and new towers, such as the installation of for the selected alternative. Mitigation construction activities, the applicant has primary conductor and ground wire, measures and BMPs specific to the agreed to limit clearing of the ROW and vibration dampeners, weights, spacers, impact topics, where applicable, are construction activities to no more than and suspension and dead-end hardware presented below. Mitigation measures 200 feet, with clearing limited to 150 assemblies. For stringing equipment that are identified as BMPs NPS will require feet in some areas. The area to be cannot be positioned at either side of a during construction and measures NPS cleared is specified in the Statement of dead-end transmission tower, anchoring will require over the life of the project. Findings, Attachment B of this ROD. and dead-end hardware will be Compensatory mitigation measures are Low impact tree clearing will be used temporarily installed to sag conductor required for certain resources and are to remove vegetation from the proposed wire to the correct tension. Wire- identified as applicable. ROW. Trees will be cut close to the stringing activities would be conducted ground, and stumps and root systems as described in Institute of Electrical Geology will be left in place to provide and Electronics Engineers Standard BMPs NPS will require to Avoid and additional soil stability. A 50-foot buffer 524–1992, Guide to the Installation of Minimize Impacts during Construction: will be used near intermittent streams Overhead Transmission Line • Submit a detailed drilling plan for and wetlands and a 100-foot buffer near Conductors. NPS review and approval for all drilling perennial streams. Construction of transmission facilities activities prior to drilling and Alternative 2 will require new access will also consist of the establishment of construction activities. roads, because old trails and roadbeds staging yards for construction materials • Complete geotechnical boring on which the access roads are based are and equipment, completion of any before construction to determine the overgrown and will not allow access by roadwork, and removal of the B–K Line appropriate depth needed to remove large vehicles. Generally, access roads that currently crosses the parks. Staging soils and weathered bedrock before will fall within the transmission line yards for materials and equipment will reaching sound material where ROW, but in some instances, it will be be approximately 3 to 4 acres each. substantial excavation will occur. This necessary for access roads to extend Efforts will be made to locate staging will reduce the impacts of drilling in outside the ROW. Alternative 2 will areas on previously disturbed property, unstable material. require a total of 5.3 miles of access abandoned excavations, or abandoned • Haul all tailings from geotechnical roads, 1.9 miles of which will be outside parking areas. Construction activities borings and drillings offsite, unless the the ROW (1.5 miles in Pennsylvania and will last for approximately 8 months. NPS determines that there is a park 0.4 mile in New Jersey). Access roads Maintenance of the S–R Line will be need for the tailings. will initially be 20 feet wide to performed on an as-needed basis, but is • Use excavated rock as substrate for accommodate large construction expected to occur at least once annually, the access roads. vehicles. Following construction, access and will include maintenance of access • Complete a preconstruction surface roads will be narrowed to 15 feet wide roads and erosion/drainage control assessment prior to disturbance. Work and will continue to be used for structures. Maintenance of vegetation will be completed by a qualified maintenance and vegetation will be performed by the applicant. NPS geologist. If any paleontological management for the line. Access roads will require an NPS-specific, NPS- resources are found, they will be will be composed of gravel or approved vegetation management plan. avoided. If the resources are compacted dirt. unavoidable, they will be collected and Crane pads will be used for assembly Mitigation Measures/Monitoring properly cared for before the start of and erection at each new tower location. Mitigation measures will be construction. Any paleontological Crane pad sites will be graded or cleared implemented to minimize the impacts resources collected will be properly
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documented and turned over to the that will Avoid and Minimize Impacts • Use construction materials (e.g., park. over the Life of the Project: gravel) from sources that have been • Monitor areas with potential • Construct access roads with a gravel inspected and found to be free of paleontological resources during surface that is semipermeable to reduce invasive species and approved by NPS. construction activities. the amount of stormwater runoff. A • Use timber mats during • NPS will analyze or approve any reduction in sheet flow will decrease construction in areas outside the access water sources for drilling operations. the amount of sedimentation, total roads to minimize soil compaction. Measure the NPS will require that will suspended soils, contaminants, Measures the NPS will require that Avoid and Minimize Impacts over the nutrients, and turbidity in surface will Avoid and Minimize Impacts over Life of the Project: waters and impacts on aquatic species. the Life of the Project: • Develop a buffer zone around areas • Construct road grades and • of sensitive geologic resources. No alignments to follow the contour of the Develop and implement an NPS- activities will occur within the buffer land with smooth, gradual curves; this approved, long-term, park-specific zone. This buffer zone will protect these will reduce the runoff potential of soils vegetation management plan for the areas from drilling and excavation along the access roads outside the ROW. operation and maintenance of the line. activities, limiting impacts. • Develop and implement soil and Separate vegetation management plans erosion control plans as mandated in are needed from PSE&G and PPL. These Water and Soil Resources state permits for Pennsylvania plans will focus on retaining habitat BMPs NPS will require to Avoid and Department of Environmental Protection within the constraints of the North Minimize Impacts during Construction: (PADEP) and New Jersey Department of American Electric Reliability • Prepare a spill prevention and Environmental Protection (NJDEP). Corporation (NERC) guidelines, and the response plan (SPRP) to reduce impacts • Use only those herbicides approved control of invasive species. These plans on surface water, ground water, and by the NPS for aquatic environments for will address invasive species aquatic species if equipment leaks or removal of vegetation. management, including early detection, hazardous spills occur. The goal of the • Establish a 150-foot buffer near monitoring, and treatment for target plan is to minimize the potential for a intermittent or perennial streams and invasive species using an integrated pest spill, contain any spillage to the wetlands. No activities will occur management approach. Additionally, an smallest area possible, and to protect within the buffer. The buffer will reduce invasive species management plan will environmentally sensitive areas, impacts on water quality and aquatic address the possible spread of invasive including streams, rivers, and wetlands. species. species via wooden spools used to The SPRP will include the following: Floodplains supply wire. Other topics in the b Procedures for fuel storage vegetation management plan will location, fueling activities, and Required mitigation measures are include vegetation restoration (native construction equipment maintenance. described in detail in the SOF, seeding and plantings, with annual b Lines of communication to Attachment B of this ROD. All monitoring and re-treatment as needed facilitate the prevention, response, mitigation measures identified in the to achieve minimum acceptable containment, and cleanup of spills SOF are hereby incorporated by outcomes, including an increase in during construction activities. reference as mitigation measures biodiversity); management of sensitive • Construct spur roads using required by this ROD. species and sensitive habitats during geotextile fabric and stone, which will Wetlands routine maintenance; management of be removed at the conclusion of Required mitigation measures are the ROW vegetation that will increase construction and will be revegetated described in detail in the SOF, habitat for scrub shrub species; the use using park approved species or seed Attachment B of this ROD. All of best management practices to include mixes. mitigation measures identified in the restrictions on use of machinery and • Inspect potential erosion areas SOF are hereby incorporated by equipment time-of-year restrictions on weekly. Additionally inspect potential reference as mitigation measures vegetation in sensitive areas; pre- erosion areas immediately after storm required by this ROD. approval by NPS on pesticide and events. The applicant will smooth out herbicide use; and off-site ruts and spread gravel to stabilize the Vegetation compensation. The vegetation roadway and prevent erosion. management plan will also include an • BMPs NPS will require to Avoid and Implement erosion control Minimize Impacts during Construction: equipment cleaning plan that will methods, such as silt fences during and • Promptly seed areas disturbed address techniques for removal of any after construction to reduce impacts of during construction of the transmission invasive seed sources prior to entering increased soil runoff on water resources. line with a conservation mix approved the parks. By retaining soil on-site, sediment and by NPS, and monitor these areas for the • Use existing roads with minimal attached nutrients are prevented from spread of invasive plant species. development of new access roads. leaving disturbed areas and polluting • All areas where vegetation is to be • Require that maintenance crews streams. The use of BMPs is estimated removed will be clearly delineated and to reduce total suspended solids (TSS) enter the ROW on foot and use NPS approval of the limits of vegetation handheld equipment for vegetation by 40 percent, total nitrogen by 25 clearing will be obtained prior to any percent, and total phosphorus by 40 maintenance in sensitive areas. action taking place. • percent (Baldwin n.d., 1). • Minimize disturbance to native Clean equipment after leaving areas • Drill during winter months (when plant species during construction to where invasive species are known to not in areas with known snake dens) to prevent the spread of non-native occur and before entering sensitive reduce impacts of drilling on aquatic species. areas. communities. Winter is when the least • Clean equipment after leaving areas • All woody vegetation (including number of aquatic species and where invasive species are known to chips) will be removed from the parks individuals are present in nearby water occur and before entering sensitive unless instructed otherwise by NPS bodies. Measures the NPS will require areas. staff.
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• Complete measures for the annual visibility of the line within the who are experienced in managing or suppression of invasive plants within Kittatinny Ridge Migratory Corridor. monitoring special-status species are on the ROW for the life of the project. • Tower lighting will only be site to monitor for special-status species permitted on the four towers where during the construction activities to Landscape Connectivity, Wildlife recommended by FAA, and only via verify that special-status species are not Habitat, and Wildlife AVWS system, such that lighting is only in the active construction area. BMPs NPS will require to Avoid and triggered by the approach of aircraft, • Implement road closures and/or Minimize Impacts during Construction: minimizing the amount of time towers patrols prior to and during construction • Consult with NPS on deposition of will be lit. activities at locations where it was brush piles. Where approved by NPS, deemed effective. leave brush piles alongside the ROW to Special-Status Species • Install barrier fencing along streams provide habitat for wildlife species BMPs NPS will require to Avoid and to keep wood turtles from entering following the clearing of vegetation. Minimize Impacts during Construction: construction sites. • Remove spur roads following • Obtain a qualified biologist to • Implement seasonal restrictions to construction and maintain the ROW to conduct preconstruction surveys before reduce impacts on special-status provide bird habitat. any ground-disturbing or vegetation species. Seasonal restrictions will be • Vegetation clearing will occur clearing activities. Surveys will be to site-specific, based on species present outside the breeding season of migratory determine the presence of special-status and their use of the site and include the birds to reduce the likelihood of species, habitat, nests, dens, and new following: disturbing nesting birds. hibernacula, and to determine if b Seasonal restrictions on vegetation • The applicant will avoid take and relocation will be an appropriate clearing from March 15 through July 31 minimize disturbance to eagles during mitigation measure for any species will prevent the unauthorized take of construction and operation of the line. found. Some species such as reptiles, nests and unfledged chicks of birds • Construction within 660 feet of any amphibians, and mussels could be protected by the MBTA (USFWS 2010). important eagle use area (breeding, collected and relocated prior to or This seasonal restriction will protect the foraging or roosting) will be completed during construction activities, if this is majority of the special-status bird outside the season of use. found to be beneficial or appropriate to fledglings that may occur in the study • Loud and disruptive impacts such the species found at the site. If areas for each alternative. Therefore, the as pile driving or blasting will not occur relocation is undertaken, a plan for the permanent and seasonal resident within one-half mile of an important relocation of special-status species will nesting special-status bird species will eagle use area during the season of use. be designed in consultation with the not be forced to abandon nests or young, Measures the NPS will require that appropriate federal and state agencies because vegetation clearing will not will Avoid and Minimize Impacts over and a qualified and permitted biologist occur during the nesting season; no the Life of the Project: will collect and relocate individuals to direct mortality of eggs, young, or adults • Impose a seasonal restriction on nearby suitable habitat. Preconstruction will occur as a result. maintenance activities from March 15 surveys are particularly important b Seasonal restrictions for through July 31 to prevent unauthorized because construction may not occur for disturbance of bald eagles will include take of nests and unfledged chicks some time following the completion of a restriction within 1,000 feet of bald protected under the Migratory Bird the NEPA process and special-status eagle nests between December 15 and Treaty Act (MBTA). An avian protection species could begin using habitat August 31, the bald eagle nesting plan (APP) will be developed and will between site surveys and construction period. This restriction is recommended be a condition of the applicant’s permit. in the Bald Eagle Guidelines (USFWS • activity. If special-status species, nests, Impose a seasonal restriction on dens, or habitats are found, then 2007). maintenance activities in March and consultation measures will be b Seasonal restrictions for tree April in areas of known amphibian developed and implemented in clearing and construction will be migration to prevent direct mortality of consultation with state and federal implemented from December 15 to spring peepers, wood frogs, spotted regulatory agencies. March 31 in the vicinity of bald eagle salamanders, red spotted newts, and • Develop and implement (by roosts. Jefferson salamanders. recognized and qualified zoologists b To prevent cutting of potential • Consult with NPS on deposition of including individuals certified by the roost trees for the Indiana bat, a season brush piles. Where approved by NPS, U.S. Fish and Wildlife Service or state restriction from April 1 through leave brush piles alongside the ROW to conservation agencies and approved by September 30, which includes the provide habitat for a variety of wildlife NPS) species-specific conservation and restriction of cutting trees with a species following the clearing of mitigation plans if special-status diameter at breast height (DBH) greater vegetation. than 8.7 inches will be implemented. • wildlife species or occupied habitat The applicant will submit an cannot be avoided. These individuals b A seasonal restriction from April 1 application to FWS for a permit to cover will complete on-site monitoring. The through October 31 preventing the the applicant’s liability under the plans will include: cutting of all trees or snags with a DBH BGEPA. b greater than 5 inches will be • Conservation measures, such as Diverters will be placed on the time-of-year restrictions. implemented to avoid potential impacts shield or static wire from the bank of the b Pre-construction surveys. on northern myotis and other tree- Delaware River on the New Jersey side b Construction monitoring. roosting bats. of the line, to the top of the Hogback b Habitat preservation and habitat b Seasonal restrictions on project Ridge in Pennsylvania. Diverters restoration components. activities will be implemented in suggested for use by the USFWS are b Post-construction monitoring as venomous snake basking, birthing, and yellow, coiled-PVC avian flight diverters needed. foraging habitat during the active or flapper diverters placed at roughly • Ensure that park staff, their season. Safe dates for project activities 50-foot intervals on the shield wire with representatives, or representatives from span from November 1 through March communications wire to increase the appropriate state or federal agencies 31. Further timing restrictions for
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drilling and excavation activities will be preservation, and enhancement of applicant’s invasive plant management required in the vicinity of overwintering existing populations, or restoration or plans. In addition, an aggressive dens. creation of suitable habitat in sufficient invasive plant management plan b Seasonal restrictions for quantities to compensate for the impact. developed and implemented by the neotropical birds and bats will also b Translocation includes digging up applicant will include ongoing benefit nesting and birthing reptile plants and moving them to appropriate monitoring and treatment. species in the spring and summer. portions of the corridor that will not be • Close access roads to the public to b Seasonal restrictions will be affected by the proposed construction reduce the impacts of illegal collection. implemented on project activities in activities. It has been demonstrated by Garber and wood turtle foraging habitat during the b Seeds can also be collected from Burger (1995, at 1152 and 1158) that active season. Safe dates for project plants that will be removed and either when formerly intact, undisturbed, activities are November 15 through planted directly or germinated in a forested areas are opened to human March 31. nursery and then planted in appropriate recreation, the extinction of special- b Seasonal restrictions on project locations. status species can occur in that activities in bog turtle wetlands and • Develop and implement (by particular area. Rare species, especially 300-foot buffer during active season will recognized and qualified zoologists plants and small reptiles and be implemented. Safe dates for project including individuals certified by the amphibians, are vulnerable to illegal activities are November 1 through U.S. Fish and Wildlife Service or state collecting, and even small numbers March 31. conservation agencies) species-specific collected annually for a number of years Measures the NPS will require that conservation and mitigation plans if could jeopardize the local population. will Avoid and Minimize Impacts over special-status wildlife species or • NPS law enforcement will monitor the Life of the Project: occupied habitat cannot be avoided. visitor activities in these areas, • Develop and implement NPS- These individuals will complete on-site including the use of remote surveillance approved, long-term, park-specific monitoring. The plans will include: to assess the need for and effectiveness vegetation management plans for the b Conservation measures, such as of area closures. There will be an operation and maintenance of the line. time-of-year restrictions. increase in patrols along the access Separate vegetation management plans b Pre-construction surveys. roads and any new ROW. Existing and are needed for both from PSE&G and b Construction monitoring. proposed new access roads, especially PPL. These plans will help reduce b Habitat preservation and habitat access roads, could act as an attractive impacts to special-status species and the restoration components. nuisance and/or recreation opportunity, habitats they utilize. b Post-construction monitoring as by inviting visitors to areas inhabited by • Provide construction plans (as needed. rare species and increasing visitor described in the general Construction • Complete an APP in accordance encounters with these species. and Restoration Plan) for each set of with the Bald Eagle Guidelines (USFWS • NPS law enforcement and resource construction activities in order to 2007) and APLIC standards. staff will monitor closed areas for facilitate modification of construction b The APP will include elements invasive species, vegetation, wildlife, activities that may adversely impact that provide for training for all utility and erosion, and the presence of park areas that support special-status species. and contractor personnel on compliance staff may dissuade visitors from entering • The applicant will submit an with applicable regulations, procedures these illegal areas. application to FWS for a permit to cover to be implemented for avoidance and • Implement seasonal restrictions to the applicant’s liability under the minimization of disturbance, reporting reduce impacts on special-status BGEPA. bird mortality, required permits, species. Seasonal restrictions will be • The applicant will either conduct accepted construction standards for site-specific, based on species present monitoring or will provide NPS the reducing bird impacts, methodology for and their use of the site and include the funding to conduct monitoring in the evaluation of risks to migratory birds, following: vicinity of the line during construction opportunities for enhancement of bird b Seasonal restrictions on vegetation and operation of the line in order to populations or habitat, public awareness clearing from March 15 through July 31 determine the level of hazard to eagles. and education, and identification of key will prevent the unauthorized take of If the likelihood of take is determined to resources. nests and unfledged chicks of birds be low, the standard permit will not b The standards described in APLIC protected by the MBTA (USFWS 2010). require renewal, and the operation of (1994) will be followed and will also This seasonal restriction will protect the the line will be consistent with BGEPA. comply with the APLIC Suggested majority of the special-status bird If the monitoring suggests that take is Practices for Avian Protection on Power fledglings that may occur in the study likely to occur, the applicant will Lines: The State of the Art in 2006 areas for each alternative. Therefore, the initiate the development of a (APLIC 2006). permanent and seasonal resident programmatic permit to cover their b Proposed construction and nesting special-status bird species will liability during the operational life of maintenance activities will follow and not be forced to abandon nests or young, the line. adhere to the Bald Eagle Guidelines because vegetation clearing will not • Consult with appropriate federal (USFWS 2007), which will minimize occur during the nesting season; no and state agencies if special-status plant the potential for ‘‘take’’ on the bald direct mortality of eggs, young, or adults populations cannot be avoided, eagle. will occur as a result. depending on the listing status of the b To reduce impacts on birds from b Seasonal restrictions for species present. These consultations collisions with the transmission line, disturbance of bald eagles will include will determine appropriate mitigation the APP (PSE&G 2010) will be written a restriction within 1,000 feet of bald measures for any populations affected in compliance with APLIC standards eagle nests between December 15 and by the proposed project. Appropriate and will use the current best available August 31, the bald eagle nesting measures could include the creation of technologies. period. This restriction is recommended offsite populations through seed • Continue to identify and control in the Bald Eagle Guidelines (USFWS collection or transplanting, invasive plant species through the 2007).
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b Seasonal restrictions for tree protection of nests from collection and access be required, permission be clearing and construction will be predation (USFWS 2001). sought from the NPS prior to implemented from December 15 to disturbance, and appropriate Cultural Resources March 31 in the vicinity of bald eagle remuneration fees will be assessed. roosts. Mitigation measures for cultural • Keep areas around the towers clean b To prevent cutting of potential resources are described in the Section and free of debris. roost trees for the Indiana bat, a season 106 discussion, below, and are • Maintain a clean construction site restriction from April 1 through incorporated by reference. and remove all related equipment, materials, and litter following September 30, which includes the Infrastructure, Access and Circulation restriction of cutting trees with a construction. diameter at breast height (DBH) greater BMPs NPS will require to Avoid and • Revegetate disturbed areas with than 8.7 inches, will be implemented. Minimize Impacts during Construction: approved species. • b A seasonal restriction from April 1 Prior to construction activities, the Provide regular maintenance of applicant will complete the following: access roads and fences within and through October 31 preventing the • cutting of all trees or snags with a DBH Develop a construction staging plan leading to the corridor. with NPS. • Cut stumps close to ground. greater than 5 inches will be • • implemented to avoid potential impacts Develop a traffic control plan in Implement ‘‘low-impact tree conjunction with NPS. clearing’’ which involves directional on northern myotis and other tree- • roosting bats. Work with NPS to develop a plan tree-felling, both mechanically and by for the control of unauthorized public b Seasonal restrictions on project hand. access and use on NPS lands that could • activities will be implemented in Rehabilitate or restore disturbed result from the proposed project. The venomous snake basking, birthing, and areas, as applicable. agreement will address various Measures the NPS will require that foraging habitat during the active provisions related to unauthorized will Avoid and Minimize Impacts over season. Safe dates for project activities access, such as the following: the Life of the Project: span from November 1 through March b Additional measures to be taken to During Project Design several 31. Further timing restrictions for discourage unauthorized use of the mitigation measures will be undertaken. drilling and excavation activities will be project corridor and associated access It should be noted that, in some cases, required in the vicinity of overwintering roads. visual resource mitigation measures dens. b Periodic inspection for may directly contradict mitigation b Seasonal restrictions for unauthorized access and any resulting measures under APLIC that make the Neotropical birds and bats will also damage. lines more visible to birds in order to benefit nesting and birthing reptile b Repair of any damage from decrease bird collisions and species in the spring and summer. unauthorized access. electrocutions; in these cases, the APLIC b Seasonal restrictions will be • Develop a media strategy/ guidelines will prevail: implemented on project activities in notification plan as a means to notify • Locate new access roads within wood turtle foraging habitat during the local residents, businesses, and officials previously disturbed areas. active season. Safe dates for project of closures and changes in traffic • Route the alignment of new access activities are November 15 through patterns. roads to follow landform contours March 31. • Develop an off-highway vehicle/all- where practicable, providing that such b Seasonal restrictions on project terrain vehicle (OHV/ATV) deterrent alignment does not impact additional activities in bog turtle wetlands and plan prior to construction activities. resource values, to minimize ground 300-foot buffer during active season will During construction activities: disturbance and/or reduce scarring be implemented. Safe dates for project • Design and construct new access (visual contrast) of the landscape. activities are November 1 through roads to minimize runoff and soil • Place structures in designated areas March 31. erosion. so as to avoid sensitive features such as, Measures to specifically protect bog • Install gates at the entrances to but not limited to, riparian areas, water turtles will be undertaken in accordance access roads to reduce unauthorized courses, and cultural sites, and/or to with the Bog Turtle (Clemmys use; coordinate gate locks with NPS. allow conductors to clearly span the muhlenbergii) Northern Population • Restore public roadways to their features, within limits of standard tower Recovery Plan (USFWS 2001), and the pre-construction conditions or better design. If the sensitive features cannot bog turtle conservation zones presented upon completion of project construction be completely avoided, towers will be in the ‘‘Special-status Species’’ section activities. placed so as to minimize the of chapter 3 of the final EIS. These • Reclaim any road-related disturbance. actions will be undertaken where disturbance areas after construction is • Place tower structures at the appropriate as mitigation measures. completed. maximum feasible distance from Future coordination with appropriate • Permanently close and revegetate roadway and trail crossings, and where federal and state agencies will clarify spur roads to discourage OHV/ATV use. preservation of existing vista(s) is the extent to which adverse effects to For roads still in use, restrict access by particularly important. Distances will be the bog turtle will be likely to occur and unauthorized users as identified in the within the limits of standard tower will determine whether a biological OHV/ATV deterrent plan. structure design. assessment (BA) will be required. Other • Use non-reflective neutral colored conservation and/or mitigation Visual Resources paints and coatings approved by the measures to protect the bog turtle BMPs NPS will require to Avoid and NPS to reduce reflection, glare, and/or suggested by the Recovery Plan include Minimize Impacts during Construction: contrast on structures. the restoration of disrupted wetland During construction activities: • Use non-reflective insulators (i.e., hydrology, the control of invasive • Restrict construction vehicle non-ceramic or porcelain). species, reconnection of fragmented movement outside the ROW to NPS- • Use non-specular conductors to habitat, population monitoring, and approved routes. Should additional road reduce reflectivity.
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• Locate construction staging areas Health and Safety Compensatory Mitigation away from visually sensitive locations. • BMPs NPS will require to Avoid and The applicants have offered, and NPS Conceptual landscaping in the form will require as a permit condition, that of vegetation planted outside but along Minimize Impacts during Construction: • Develop safety and emergency they deposit at least fifty-six million the utility ROW. dollars ($56,000,000) into a Middle • Tower lighting will only be plans for the project prior to Delaware Compensation Fund, as will permitted on the four towers where construction activities. be described in a memorandum of recommended by FAA, and only via • Fully train operators of the agreement to be entered with and AVWS system, such that lighting is only construction equipment and vehicles to managed by The Conservation Fund, to: triggered by the approach of aircraft, reduce the chance of accidents. • • Acquire lands from willing sellers minimizing the amount of time towers Inspect construction equipment for that can be included in the boundaries will be lit. malfunctions or faulty parts to reduce of APPA and DEWA as compensatory During maintenance activities: the risk of leaking fluids that could • mitigation for lands over which ROW Restrict construction vehicle harm the environment or humans from movement outside the ROW to NPS- rights are granted. contact. • Carry out wetlands restoration approved routes. Should additional road • Put in place safety devices such as projects elsewhere within APPA and access be required, permission must be traveling grounds, guard structures, and DEWA as compensatory mitigation for sought from the NPS prior to radio-equipped public safety roving wetlands impacted by ROW clearing disturbance, and appropriate vehicles and lineman prior to the and maintenance. remuneration fees will be assessed. initiation of wire stringing activities. • Carry out historic preservation • Keep areas around the towers clean • projects elsewhere within APPA and and free of debris. Install guard poles or guard • Maintain a clean construction site structures at all transportation, flood DEWA as compensatory mitigation for and remove all related equipment, control, and utility crossings. Guard historic properties impacted by line materials, and litter following poles are temporary facilities designed construction. to stop the travel of the conductor construction. Other Alternatives Considered • Revegetate disturbed areas with should it momentarily drop below a approved species. conventional stringing height. Alternative 1—No Action • Provide regular maintenance of • Restrict use of the immediate area Under the no-action alternative, the access roads and fences. in which construction will occur for NPS would deny the applications for • Cut stumps close to ground. safety reasons (PPL and PSE&G 2008, ROWs and construction permits to • Implement ‘‘low-impact tree A10–6) to minimize impacts on park expand the B–K Line to a new double- clearing’’ which involves directional visitors during construction of the line circuit line through NPS lands. The tree-felling, both mechanically and by within the parks. existing B–K Line traverses hand, and add buck trees to promote • Fence off construction areas in approximately 4.3 miles of DEWA. The decomposition. areas outside of the park, but inside the line initiates at the Susquehanna • Rehabilitate and/or restore study area, where the public could Substation and enters DEWA in disturbed areas. access the construction site. Pennsylvania approximately 0.25 mile Soundscapes • Station a safety representative at east of Big Bushkill Creek. The line then exits the park, connects to the Bushkill BMPs NPS will require to Avoid and APPA crossings during any and all Substation, travels through developed Minimize Impacts during Construction: construction to maintain public safety. areas, including Fernwood Golf Course, • Comply with county and city noise • Station a safety watchman on the and reenters DEWA south of the South ordinances. river during stringing operations to stop • Install sound-control devices on all any boat traffic if an incident does occur Zone Ranger Station and north of DEWA construction equipment. or if conditions otherwise warrant (PPL Headquarters, crossing MDSR just north • Install muffled exhaust on all and PSE&G 2008, 6). of Depew Island. The line continues construction equipment and vehicles • Implement road closures and traffic southeast past the Watergate Recreation except helicopters, if used. control to minimize the risk of accidents Site and across APPA to the eastern DEWA boundary. There are 22 existing Visitor Use and Experience from occurring during the construction period. transmission towers located within DEWA boundaries for the existing B–K BMPs NPS will require to Avoid and • Regularly maintain and inspect Line, and there are no existing access Minimize Impacts during Construction: helicopters and employ operators • Coordinate construction schedules roads to the ROW. This alternative certified/licensed in helicopter aviation. with NPS to avoid peak visitor use • assumes that the existing line within the periods and notify visitors of Operators conducting aerial work in parks would remain in place without construction. support of the utility may encounter expansion or replacement. In essence, it • The applicant must develop a plan hazards from the various types of flight assumes that current conditions on the to avoid or minimize impacts to park profiles, terrain, infrastructure, weather, ground will continue indefinitely into visitors, including visitors using roads, and operation at low levels and speeds. the future. However, the applicant could trails, the river and other areas affected b To reduce the potential risk of a seek to expand or replace the existing by construction. The applicant must collision, the crew will identify utility lines within the existing assure visitor safety while keeping potential collision hazards and make easements through the parks. There are recreation areas open to the greatest corrective actions prior to taking flight. no proposals to do so at this time. extent possible. NPS must approve the b While in flight, the crew will timing and duration of all closures. exercise concentration, maintain Alternative 2b—Applicant’s Alternate • Prior to construction develop a situational awareness, be knowledgeable Proposal media strategy/notification plan as a of their area of operations, maintain The alignment for the applicant’s means to notify local residents and effective communications, and establish alternate proposal would follow the visitors of closures. clear roles and responsibilities. same route as described for alternative
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2 (the selected alternative). The boundaries. The alignment for this line would be replaced so that this line difference between alternative 2 and alternative also crosses MDSR within and the double-circuited S–R Line alternative 2b is that the former would DEWA, and APPA within Worthington would run parallel to one another require widening the existing ROW, State Forest. within the expanded ROW. The route while the latter would be constructed The alternative 3 alignment is would cross about 1.5 mile of NPS within the existing ROW. The towers for approximately 6.9 miles long within the lands, including DEWA and APPA. This alternative 2b would be the same height study area. The alternative 3 alignment alternative would also cross the Lower as those described for alternative 2, but would follow the alignment of the B–K Delaware River; however, the crossing alternative 2b would require two Line for 0.6 mile from the western of the Delaware River would occur additional towers within NPS lands boundary of DEWA to the Bushkill outside DEWA and MDSR boundaries compared to alternative 2. These towers Substation. The alignment would leave and outside the study area. would be constructed within the 100- the study area and travel southwest to Alternative 4 would have a north– foot-wide portion of the alignment. reenter the study area via the VSL point south orientation and would be Because the ROW under alternative 2b located in Monroe County, approximately 2.3 miles long within the is narrow, the applicant’s plans require Pennsylvania, outside DEWA. From the study area. As with alternative 3, the these additional towers to protect western VSL, the alignment would cross alternative 4 alignment follows the against fire hazards presented by the River Road and the McDade Trail about alignment of the B–K Line for 0.6 mile risk of conductor blowout. The 1.0 mile southwest of the Smithfield from the western boundary of DEWA to minimum horizontal clearance to the Beach Picnic Area and 0.75 mile the Bushkill Substation. The alignment edge of the ROW under high wind northeast of the Hialeah Picnic Area. would leave the study area and travel conditions to prevent conductor The alignment would continue southwest to reenter the study area via blowout was determined to be greater southeast within DEWA approximately the VSL point at the edge of DEWA, than 100 feet, and the NPS has 0.8 mile to MDSR. On the east side of near the southwestern boundary of the expressed concern about the safety of MDSR, the route would travel northeast park. Upon entering DEWA from the constructing within the existing ROW. approximately 0.49 mile to the north, the alternative 4 alignment would The applicant’s proposal is based upon boundary of Worthington State Forest; cross about 0.42 mile of DEWA land, the controversial assumption that they the remainder of the alignment within roughly following the DEWA boundary, have a right to clear danger trees on NPS DEWA boundaries would also be and would cross Mountain and Totts property outside any deeded ROW (PPL encompassed by Worthington State Gap roads. The alignment would then 2010b). It is assumed that larger Forest’s boundaries. The alignment leave the boundary of DEWA for individual trees outside the ROW would would travel southeast approximately approximately 0.51 mile, before re- be removed periodically. 1.69 miles to the eastern edge of DEWA, entering the park. Upon reentering Access roads for alternative 2b are perpendicularly crossing APPA. The DEWA, the alignment would similar as those described for alternative alignment would travel another 0.24 immediately cross APPA, then extend 2, with a slight difference in mile beyond the DEWA boundary to the approximately 0.50 mile south to the Pennsylvania between the Bushkill VSL. The alternative 3 alignment would southern boundary of DEWA. South of Substation and the Delaware River. reenter DEWA beyond the eastern VSL DEWA, the alternative 4 alignment Alternative 2b would require a total of as well. In the path to join the alignment would extend another 0.24 mile before 5.3 miles of access roads, of which 2.4 of the B–K Line in New Jersey, the southern VSL. The designated miles would occur outside the ROW. alternative 3 could travel along the boundary of Cherry Valley National border of DEWA for 1.8 miles, Wildlife Refuge borders the existing Alternative 3 paralleling APPA for this entire ROW of the alternative 4 alignment The alternative 3 alignment would distance. Alternative 3 would require north of APPA for approximately 0.73 pass through DEWA along the ROW of approximately 3.5 miles of access roads, mile. Alternative 4 would require a total existing transmission and distribution of which 0.9 mile would occur outside of approximately 2.5 miles of access lines. The existing transmission and the ROW. roads, with approximately 1.6 miles distribution lines would be removed within NPS boundaries. Alternative 4 Alternative 4 prior to construction of the S–R Line. would use 0.9 mile of existing roads as The existing transmission line ROW is Alternative 4 would pass through access roads and would require cleared to 100 feet wide, and this three portions of DEWA; the section of construction of 1.6 miles of new access alternative would require clearing of the park from the western boundary roads, of which 0.5 mile would occur vegetation for an additional 50 to 200 along the B–K Line to the Bushkill outside the ROW. feet of ROW. The structures of the substation; through the southwestern transmission and distribution lines boundary of the park, where the Alternative 5 would be constructed so that these lines alignment leaves the boundary of the Alternative 5 would run along the and the S–R Line would run parallel to park for 0.51 mile, then re-enters the path of an existing distribution line one another within the expanded ROW. park. On the southernmost portion of ROW in the southernmost portion of That is, two separate sets of structures DEWA, alternative 4 runs along the path DEWA. The existing ROW is cleared to would be constructed, one set for the of an existing distribution line ROW, 100 feet wide, and this alternative proposed S–R Line and one set for the and would also pass through a section would require permanent clearing of existing transmission and distribution of the park along the alignment of the vegetation for an additional 200 feet of lines along the alternative 3 alignment. B–K Line. The existing ROW is cleared ROW. This line along alternative 5 Alternative 3 would cross a total of 5.4 from 100 to 200 feet wide, and this would be removed prior to construction miles within the DEWA boundary. The alternative would require permanent of the S–R Line. The structures of the route would cross about 1.3 miles of clearing of vegetation for an additional existing distribution line would be DEWA within the study area and about 100 to 200 feet of ROW. This line along replaced so that this line and the 1.7 miles of the northern end of alternative 4 would be removed prior to double-circuited S–R Line would run Worthington State Forest, which is construction of the S–R Line. The parallel to one another within the located within DEWA’s exterior structures of the existing distribution expanded ROW. The route would cross
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about 1.5 mile of NPS lands, including The impact analysis in the EIS showed sections is insufficient to meet current DEWA and APPA. This alternative that the no action alternative would safety standards. Although the applicant would also cross the Lower Delaware have the least adverse impacts on park asserts that alternative 2b could be built River; however, the crossing of the resources and values, and it was safely, independent transmission line Delaware River would occur outside identified in the EIS as the engineers engaged by NPS disagree, and DEWA and MDSR boundaries and environmentally preferable alternative. NPS views this alternative as creating outside the study area. The NPS agrees that the no action serious safety concerns due to Alternative 5 would have a north– alternative would be the best choice if insufficient clearance between the lines south orientation and would be the only consideration were protection and vegetation. Alternative 2b would approximately 1.7 miles long within the of park resources and values. However, also require two additional towers study area. Alternative 5 would enter the NPS cannot ignore the fact that the within park boundaries, with attendant the study area via the VSL point at the applicant owns a property interest in increases in tower visibility and edge of DEWA, near the southwestern the existing powerline corridor. The construction impact. Finally, the boundary of the park. Upon entering applicant asserts that these existing present ROW deeds are the basis of DEWA from the north, the alternative 5 rights are sufficient to allow it to build ongoing disagreement between the NPS alignment would cross about 0.42 mile an alternative design to the line and the applicants over the extent to of DEWA land, roughly following the (Alternative 2b) without the grant of which applicants may clear vegetation DEWA boundary, and would cross additional rights. The NPS may not outside the area of cleared right of way. Mountain and Totts Gap roads. The prevent the applicant from exercising Alternative 2b (like the no-action alignment would then leave the these rights without effectuating a alternative) would leave this boundary of DEWA for approximately taking. Accordingly, there are two disagreement unresolved, while the 0.51 mile, before re-entering the park. possible results of the selection of the selected alternative would resolve it. Upon reentering DEWA, the alignment no-action alternative. First, the line may Alternatives 3, 4 and 5: Alternatives 3, would immediately cross APPA, then not be built, and the environmental 4, and 5 were developed to examine extend approximately 0.50 mile south to status quo may continue if the whether or not the proposed powerline the southern boundary of DEWA. South applicants decide to abandon the could be constructed across the parks in of DEWA, the alternative 5 alignment project, as analyzed in the EIS. This is a less sensitive area, and with less would extend another 0.24 mile before viewed as unlikely by the NPS. Second, impacts to park resources and values. the southern VSL. The designated the applicant may decide to pursue Alternative 3 was discovered to have boundary of Cherry Valley National alternative 2b, as analyzed, asserting its more impacts on some resources and Wildlife Refuge borders the existing present property rights, and if it were ROW of the alternative 5 alignment was not considered a desirable choice prevented from constructing within its once the analysis was completed. north of APPA for approximately 0.73 present rights, it might assert a mile. Alternative 5 would require a total Alternatives 4 and 5 both have far less ‘‘takings’’ claim against the United impacts on park resources and values of approximately 1.7 miles of access States. The latter is a particularly roads; however, 0.9 mile of existing road than the other action alternatives and undesirable option for the NPS as, in its from the NPS perspective, would meet would be used. Alternative 5 would view, as discussed below, alternative 2b require construction of approximately the test of protecting park resources and is less preferable than the selected values to the greatest extent possible 0.9 mile of new access roads, of which alternative. Condemnation of the 0.16 mile would occur outside the without unduly interfering in the present right of way to prevent ROW. property rights of the applicant. construction of alternative 2b has been However, alternatives 3, 4, and 5 were Basis for Decision rejected as impractical. Consequently, all based on a presumption that the The purpose and need of the NPS selection of the no-action alternative applicant would voluntarily give up action analyzed in the EIS is to grant or would present the NPS with significant their existing property rights along the deny the applicant’s proposal uncertainty, and a strong probability current easement and in return, the NPS considering the purposes and resources that the eventual outcome would be would grant a new ROW in the selected of the affected units of the national park worse for park resources than the location. The applicants have indicated system, as expressed in statutes, selected alternative. Under these that they are unwilling to give up their regulations, policy, and the NPS circumstances, NPS has rejected the no- existing easement in exchange for objectives in taking action. In making action alternative in favor of the another in a new location. As noted in the decision to select alternative 2, the selected alternative, which, while the EIS, the NPS has considered but NPS considered the applicant’s existing causing more impact than failure to rejected the option of requiring the property rights, the alternatives construct would, causes less impact construction of the line in a new evaluated in the EIS and the impacts on than Alternative 2b. location while permitting the present park resources and values of each Alternative 2b: At first glance, line to remain. Thus, the NPS has alternative, and the comments received alternative 2b might appear to have selected alternative 2, the applicant’s from other agencies and the public fewer impacts to some park resources proposal, with the mitigation measures during the EIS process. Following is an because the applicant would be described in this ROD. As discussed evaluation of the other alternatives restricted to building entirely within the above, the selection factor with the examined in the EIS with regard to how existing ROW width. However, the greatest weight was the legal constraint each factored into the decision-making additional width required by the presented by the applicant’s existing process. selected alternative is only 50 feet, or 25 property rights. However, in making the No-action Alternative: There is a great feet on either side of centerline, over a selection, the NPS also considered the deal of public support for selecting the small portion of the line within APPA adverse impacts on park resources and no action alternative, which means that and DEWA. The difference in width values that would likely result from the NPS would deny the permit between alternative 2b and the selected construction of the new powerline, as application and the existing powerline alternative comes with some significant well as the NPS’ authority to reasonably would remain essentially unchanged. costs, as the existing width in some regulate these activities within park
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boundaries. Therefore, the selected view. Alternative 1 would leave the develop additional transmission line alternative incorporates mitigation that existing B–K Line ROW in place, route alternatives in addition to the ones will be required conditions of the NPS essentially maintaining conditions at provided by the applicant. Public permit. The NPS believes the required status quo, with the exception of scoping began with the January 21, mitigation will avoid and minimize increased vegetation management, 2010, Federal Register publication of adverse impacts to the greatest degree which would be likely to occur along the notice of intent to prepare an EIS (75 possible, recognizing that some the corridor of all the alternatives due FR 3486–3487). The notice of intent significant adverse impacts may still to implementation of the newest NERC summarized the proposed action and occur. The applicant has offered safety standards. Nonetheless, the explained how to comment on the compensatory mitigation for relatively minor impacts of additional action. NPS released a public scoping unavoidable adverse impacts, as cutting and clearing in the existing newsletter to the public for review and detailed above under Mitigation ROW would be outweighed by the more comment on January 21, 2010. The Measures. This is important and significant environmental damage that newsletter included a description of the welcome, and a necessary offset to the would certainly occur with the proposed S–R Line, the purpose and impacts imposed on park resources; construction and operation of a larger need, background information, project however, compensatory mitigation was transmission line within the parks objectives, and a list of issues and not a deciding factor in the selection of under any of the other proposed impact topics. The newsletter also the alternative, which was driven alternatives, including the two proposed provided information on upcoming primarily by legal considerations and by the applicant. Alternative 1 would public scoping meetings. The newsletter the relative impacts of the alternatives. thus result in the least damage among was sent to individuals, businesses, As discussed above, mitigation will be the alternatives. Alternative 1 would agencies, and organizations on the implemented to avoid and minimize best protect and preserve the scenic, parks’ email distribution list. The parks adverse impacts to the greatest degree historic, cultural, recreational and also issued a news release inviting the possible, but unavoidable adverse natural resources of the parks involved public to comment at the scoping impacts will still occur. and will therefore best promote the meetings. On February 16, 17, and 18, national environmental policy of NEPA. Environmentally Preferable Alternative 2010, public scoping meetings were Public and Agency Involvement held in Bushkill, Pennsylvania, Lake The Council on Environmental Hopatcong, New Jersey, and Parsippany, Quality (CEQ) regulations require The planning process for the EIS was New Jersey, respectively. Each meeting federal agencies to identify the conducted with extensive public and began with an open house, followed by environmentally preferable alternative agency involvement that included a short presentation by NPS explaining in a Record of Decision (40 CFR 1505.2). multiple newsletters, workshops, the project, as well as the project The environmentally preferable meetings, briefings, and a formal public planning process. A formal public alternative is the alternative that causes comment process. These activities are comment session with a court reporter the least damage to biological and briefly summarized below and a was held after the NPS presentation. A physical environment and best protects, detailed discussion is presented in ‘‘The total of 311 participants attended the preserves, and enhances historical, Public Scoping Process’’ section in public scoping meetings and 102 spoke cultural, and natural resources. The Chapter 5 of the final EIS and appendix formally during the comment sessions. environmentally preferable alternative I. is identified upon consideration and A 30-day public scoping comment Scoping weighing by the Responsible Official of period, with a two-week extension, was long-term environmental impacts The internal scoping process began provided from January 21 until March against short-term impacts in evaluating with scoping meetings conducted on 12, during which members of the public what is the best protection of these September 15, 16, and 17, 2009, with were able to submit their comments on resources. In some situations, such as staff members from the parks, the NPS the proposed S–R Line. During the when different alternatives impact Environmental Quality Division, the entire public scoping period, over 6,500 different resources to different degrees, NPS Northeast Region, and contractor pieces of correspondence were received. there may be more than one personnel in attendance. The internal A second preliminary alternatives environmentally preferable alternative scoping meeting began with a workshop was held May 4, 5, 6, and 7, (43 CFR 46.30). presentation on the process and 2010. Attendees included staff members The NPS has determined that background of NEPA, followed by a from the parks, NPS Environmental alternative 1 (no action) is the presentation by the applicant. During Quality Division Northeast Region, and environmentally preferable alternative. the remaining days, NPS identified the contractor personnel. The meeting The NPS made this determination based purpose of and need for action, included a discussion of the project on the analysis of the scientific data management objectives, issues, and schedule, identification of additional about the proposal and included impact topics. Park resources, possible data needed for the analysis of mitigation provided by the applicant alternative elements, and the project alternatives, a discussion of the and collected by NPS contractors. schedule were also discussed. A proposed alternative, a discussion of Alternative 1 would result in the least preliminary alternatives meeting was which alternatives should be dismissed, amount of damage to the biological and held on December 16 and 17, 2009, with and logistics for the public meetings. physical environment. As the data staff members from the parks, Following this workshop, NPS held show, all the alternatives will have representatives from PPL and PSE&G, another set of public meetings regarding some degree of direct and indirect and contractor personnel in attendance. alternatives on August 17, 18, and 19, adverse impact on the resources The purpose of the meeting was to 2010, in Bushkill, Pennsylvania; identified within the study area. None discuss the route alternatives for the S– Stroudsburg, Pennsylvania; and of the action alternatives would produce R Line developed by the applicant, Lafayette, New Jersey, respectively. The a net benefit or even keep conditions develop the criteria to evaluate the public was invited to submit comments completely neutral; they would all be different transmission line route on alternatives from July 9, 2010, to negative from an environmental point of alternatives, and work cooperatively to September 14, 2010. During the public
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comment period, 1,700 separate pieces National Historic Preservation Act for reports, completed in spring 2012, of correspondence were received. the issuance of the construction and contributed to development of the final ROW permit through the use of 36 CFR EIS. Details on the consultation process Public Comment on Draft EIS 800.8(c), which allows federal agencies can be found in Appendix M of the final On November 21, 2011, the NPS to use the NEPA process to meet Section EIS, and the PEPC site for the released the draft EIS for the S–R Line 106 compliance responsibilities, Susquehanna-Roseland Transmission for public review and comment. The according to standards in that subpart of Line, (http://parkplanning.nps.gov/ draft EIS included a description of the the regulations. Integration of the document.cfm?parkID=220&projectID= proposed project and alternatives requirements of Section 106 of the 25147&documentID=49560). proposed, a description of the resources NHPA into the NEPA process and The EIS and associated consultation found within the study area, and an documentation are accomplished by determined the Area of Potential Effect analysis of the impacts of the proposed meeting the criteria set forth in 36 CFR (APE) (as described in the draft EIS and project on these resources. The draft EIS 800.8(c)(1)–(4). final EIS) and identified historic was available for public review until Early in the scoping process for the properties contained within it. The NPS January 31, 2012. During the comment EIS, NPS staff began consulting with the worked with the consulting parties and period, three public meetings were held Pennsylvania and New Jersey Historic the applicant to avoid and minimize in Pennsylvania and New Jersey from Preservation Offices and numerous effects to historic properties where January 24 through 26, 2012. Meetings federally-recognized Tribes. possible and mitigate adverse effects were held in Bushkill, Pennsylvania; Additionally, the scoping process where necessary. It was determined that Stroudsburg, Pennsylvania; and included sets of news releases, public there would be adverse effects to at least Lafayette, New Jersey. Each public scoping meetings that included one archeological site, seventeen meeting had an open house from 2:30 newsletters and information on historic historic structures, and fourteen cultural p.m. until 4:30 p.m. and a public resources, and general public landscapes (as specified in the final hearing from 6:00 p.m. until 9:00 p.m. notification of the decision-making EIS). Through this ROD, the NPS A total of 368 individuals attended the process and alternatives being commits to the following measures and public comment meetings in considered. NPS staff members shared processes to further avoid or minimize Pennsylvania and New Jersey, and a extensive research, hosted consultation effects, and to mitigate adverse effects to total of 102 participants spoke during calls, and conducted on-site historic properties from the issuance of the formal public comment sessions. consultation meetings, finalizing the list the ROW and construction permit to the Nearly 27,000 pieces of correspondence of Section 106 consulting parties in applicant. As discussion between the were received during the public spring 2012, when the NPS identified a NPS, consulting parties and the comment period. Approximately 26,000 preferred alternative. pieces of correspondence were form The list of Section 106 consulting applicant continue, and the applicant letters submitted by the National Parks parties includes the Absentee Shawnee finalizes the design of the transmission Conservation Association and the Sierra Tribe of Indians of Oklahoma; Advisory line, the NPS will refine the Club. All of the public comments Council on Historic Preservation; minimization and mitigation measures received on the draft EIS were read and Appalachian Trail Conservancy; and formalize the commitments analyzed by the NPS team. The analysis Delaware Nation, Oklahoma; Delaware itemized below as conditions of the of the public comments received and Tribe of Indians, Oklahoma; Eastern permit granted to the applicant. NPS responses are provided in Shawnee Tribe of Oklahoma; New Mitigation Measures appendix L of the final EIS. Among the Jersey Historic Preservation Office; New comments received, a majority were York-New Jersey Trail Conference; While there are some physical effects, expressions of support for the no action Oneida Nation of New York; Onondaga adverse effects from the issuance of this alternative, general opposition to the Nation of New York; Pennsylvania State permit are primarily visual; due to the project, and opposition to the proposed Historic Preservation Office; scale of the proposed towers, mitigation. Commenters cited concerns Preservation New Jersey; Saint Regis minimization efforts through vegetative over impacts to natural and cultural Mohawk Tribe, New York (formerly the screening are unlikely to be successful. resources, as well as the visitor St. Regis Band of Mohawk Indians of Accordingly, through consultation with experience as reasons they did not New York); Seneca-Cayuga Tribe of the Section 106 consulting parties, the support the proposed project. Oklahoma; Seneca Nation of New York; NPS has developed mitigation measures Based on comments received from the Shawnee Tribe, Oklahoma; Stockbridge- that address the overall adverse effect to applicant, an access road that was Munsee Community, Wisconsin; and the parks from issuing the permit rather proposed through Arnott Fen was Tonawanda Band of Seneca Indians of than focusing on effects to individual moved to reduce project impacts. In New York. properties. The mitigation measures for addition, blasting for tower installation Other local organizations and specific properties and broad-based was also removed and replaced with municipalities have participated in management plans and interpretive drilling to reduce impacts to geologic discussions about this project. materials will be stipulated in the and natural resources. Other changes to In addition to information that was applicant’s permit. The applicant will the draft EIS as a result of public made available to the public in the draft fund the identified mitigation measures, comments included warranted EIS on the undertaking and its effects on as well as any future avoidance, corrections and clarifications to the historic properties, the NPS and the minimization, or mitigation measures document. applicant have completed numerous resulting from the issuance of the NPS cultural resource studies and permit, with oversight by the NPS. All Section 106 of the National Historic investigations. The results of these of the activities below will be completed Preservation Act efforts were shared with the Section 106 according to the Secretary of the Consistent with guidance in National consulting parties. National Park Interior’s Standards for the Treatment of Park Service Management Policies and Service cultural resource studies and Historic Properties (36 CFR 68), and by, Directors Orders, NPS managers elected findings supported the development of or under the supervision of, personnel to comply with Section 106 of the the draft EIS. The applicants’ final who meet the Secretary of the Interior’s
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professional qualification standards (48 not be widened. The above mitigation standards. The NPS will complete the FR 44716, 1983), as appropriate. measures satisfy the requirements under plan prior to the initiation of Section 106 of the NHPA for effects to construction. The applicant will pay for Appalachian National Scenic Trail the Appalachian Trail. The NPS monitoring costs not to exceed • The applicant will allocate received two letters from non-profit $170,000. $500,000 from the Middle Delaware organizations seeking to comment about • The NPS will prepare a historic Compensation Fund to rehabilitate, or object to the NPS’s compliance with properties management plan for DEWA. improve, and protect elements and Section 106 of the National Historic This plan will identify and analyze features of the Appalachian Trail that Preservation Act (Email to NPS from historic structures and districts within contribute to its National Register Preservation New Jersey dated Sept. 28, the park, including historic significance, eligibility. The two specific activities 2012; and Letter from the New York- interpretation value, and potential for below (viewshed analysis and National New Jersey Trail Conference dated Sept. future reuse. The NPS will develop this Register nominations) will be paid for 25, 2012). The comments in the letters plan in consultation with the interested from this allocation. These efforts may were previously raised by these Section 106 consulting parties, with be associated with points along the Trail organizations or other organizations or substantial input from the surrounding that are directly affected by the individuals, and the NPS already communities and the public. The NPS Susquehanna-Roseland Line or may be addressed these comments through will encourage additional agencies and associated with mitigating existing Section 106 meetings and added other organizations who were not adverse effects at other points along the analyses in the FEIS. Moreover, the consulting parties during the Trail within the established Area of NPS, in consultation with the development of the EIS to participate in Potential Effect. Projects will be consulting parties, developed binding the development of the historic completed by the National Park Service, measures that seek to avoid, minimize, properties management plan. The park the Appalachian Trail Conservancy, or or mitigate potential adverse effects will specifically encourage the other not-for-profit organizations associated with the proposal to address involvement of their partner associated with the Appalachian Trail the comments raised by the letters. organizations in measures that affect the (e.g., New York-New Jersey Trail These measures were discussed in the properties of interest to them. Conference, the Appalachian Mountain FEIS, which cross-referenced the draft • The applicant will allocate Club). Rehabilitation, screening, or mitigation plan that was made publicly $12,500,000 from the Middle Delaware clearing will be decided upon and available on the NPS’s Web site prior to Compensation Fund for physical conducted at the direction of the publication of the FEIS, and are preservation, rehabilitation, and/or National Park Service after discussion contained in the ROD. Additionally, the restoration of historic structures and with the appropriate Section 106 NPS did not provide for a public landscapes at DEWA. The expenditure consulting parties after construction. comment period for the FEIS. See 40 of funds will be guided by the results of • The NPS will oversee the CFR § 1503.1(b). Nevertheless, we note the historic properties management plan preparation of a viewshed analysis for that the dispute resolution provisions and input from the Section 106 the portion of the Appalachian Trail contained in this ROD and the Section consulting parties. Funds will be within the APE that will identify 106 Mitigation Plan will apply to the focused on the Old Mine Road Historic critical, character-defining views to future actions covered by or District and other appropriate locations inform the development of the National implemented in accordance with this within the park in Pennsylvania and Register nominations discussed below. plan. New Jersey. • The NPS will oversee the • The NPS will consult with the preparation of National Register Delaware Water Gap National federally-recognized Tribes affiliated nominations for the entire portion of the Recreation Area with the park to develop a tribal cultural Appalachian Trail within the State of NPS tasks identified under this program. This program may include a New Jersey and a reasonable segment of heading will be completed using an tribal cultural center in the park, to be the Trail in Pennsylvania, as determined allocation from the Middle Delaware established at the Westbrook-Bell House in discussion with the Pennsylvania Compensation Fund, as detailed below. or other appropriate facility identified State Historic Preservation Office. These The applicant will pay for all other in the historic properties management nominations will follow the standards tasks. plan. of the multiple property documentation • The NPS will require the applicant • The applicant will complete form the NPS is currently developing for to make all efforts to avoid any ground vegetative screening or other treatments the full length of the Appalachian Trail. disturbing activity that will impact of cultural landscapes. Specific The nominations must meet the archeological resources. The NPS will locations of screening, clearing, or other standards of the New Jersey State also require the applicant to fully landscape treatments will be selected by Historic Preservation Officer, excavate affected portions of any the NPS, in cooperation with the Pennsylvania State Historic Preservation archeological site that will be impacted Section 106 consulting parties after the Officer, and National Register of by unavoidable ground disturbance. transmission line has been built, when Historic Places, and will be considered Any excavation must be done under an visual effects to historic landscapes are complete when accepted and approved Archeological Resources Protection Act more fully defined. This effort will not by the Keeper of the National Register. (ARPA) permit. exceed a cost of $500,000. • In addition to these measures, there • With the input of Tribes and State • The NPS will oversee the are efforts related to this decision Historic Preservation Officers, the NPS completion of three National Register underway outside of the Section 106 will develop an archeological nominations or updates to existing process, such as land protection monitoring plan that will identify nominations, such as updates to the Old measures (including land acquisition), appropriate locations for archeological Mine Road Historic District and that will augment the current Section and/or tribal monitoring during Millbrook Village nominations and/or 106 mitigation plan Within the construction-related ground-disturbing the completion of a River Road (PA) Appalachian Trail, activities will occur activities. The plan will meet or exceed nomination. The nominations must within the existing ROW, which will New Jersey, Pennsylvania, and NPS meet the Pennsylvania or New Jersey
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Historic Preservation Office, and • National Register nominations for screening at sites identified for which it National Register of Historic Places Delaware Water Gap National would be appropriate, or restricting standards, and will be considered Recreation Area damage to minimal area and/or less complete once accepted and approved • Interpretive products significant resources. Data recovery by the Keeper of the National Register Within ten years of issuance of the would still be required for any affected of Historic Places. permit, these measures will be portion of archeological sites. The NPS • The NPS will oversee the complete: and Section 106 consulting parties will completion of five research studies, • Research studies review and discuss any proposed such as Historic Structure Reports, • Vegetative screening/cultural minimization efforts before NPS Cultural Landscape Reports, historic landscape treatments approval. contexts, or research syntheses. The • Preservation, rehabilitation, and/or 4. If the NPS determines minimization NPS will solicit input from the Section restoration projects of historic efforts are not adequate, the applicant 106 consulting parties for this project to structures and cultural landscapes for will be responsible for additional determine the subjects of the studies. which funding is provided under this mitigation and/or compensation. The • The NPS will oversee the plan. NPS will consult with the Section 106 completion of four interpretive Project-Wide Stipulations Applicable consulting parties to identify products, such as tour podcasts, site- to Both Parks: appropriate mitigation. Mitigation specific interpretive signs, scenic byway measures for archeological sites may signs, or popular publications. The NPS Consulting Party Involvement include, but are not limited to, data will solicit input from the Section 106 • Unless otherwise specified, the NPS recovery, curation costs, and/or consulting parties for this project to will provide the Section 106 consulting production of interpretive materials. determine appropriate products under parties with 30 days to review and Mitigation measures for historic this stipulation. provide comments or input on the structures and cultural landscapes may • The applicant will provide implementation of measures identified include, but are not limited to, physical Delaware Water Gap National in this plan. Consulting parties will rehabilitation, development of Recreation Area $350 per box of artifacts have the opportunity to review and interpretive materials, planning and $500 per linear foot of archeological comment on interim and final drafts, as documents, HABS/HAER/HALS records created by the surveys, appropriate, and the identification of documentation, and National Register evaluations, and any possible properties proposed for rehabilitation. If nominations. This stipulation only excavations resulting from design and the NPS is unable to fulfill the applies if new adverse effects are construction under this permit to cover commitments outlined in this mitigation identified based on unanticipated the costs of curation of those artifacts/ plan, it will notify all consulting parties discoveries during construction, or records. The artifacts and records will that it will follow the procedures in 36 significant changes in design proposed be prepared and stored according to the CFR 800.3 through 800.6 as necessary to by the applicant. If the new adverse standards in 36 CFR 79. Any human address any changes in the mitigation effects are due to unanticipated ground- remains or objects subject to the Native plan. The following conditions will be disturbing activities, no ground American Graves Protection and included as stipulations in the permit, disturbance can occur until the Repatriation Act (NAGPRA) discovered and will apply to all activities covered appropriate avoidance or mitigation as a result of this construction permit by the permit. Any activities that occur efforts are determined. The NPS will will be handled according to the outside of the actions allowed under the determine the appropriate mitigation regulations at 43 CFR 10. permit will undergo separate Section measures, in consultation with the • The above mitigation measures 106 compliance. appropriate Section 106 consulting satisfy the requirements under Section parties, within 5 business days of Unanticipated Effects 106 of the NHPA for effects to the determining the adverse effect is Delaware Water Gap National The permit will include the following unavoidable. Recreation Area. However, this plan stipulations to apply if any new adverse recognizes that there are additional effects are identified as a result of Design and Pre-Construction Activities efforts related to this permit underway changes in design or from unanticipated As the applicant finalizes the outside of the Section 106 process, such archeological discoveries during placement of transmission towers, crane as land protection measures (including construction: pads, pull sites, access roads, and other land acquisition), that may also be put 1. The NPS and Applicant will associated features and activities, the in place and will augment the current determine if avoidance/minimization applicant will submit the designs and Section 106 mitigation plan. measures are possible. These include locations to the NPS. Reviews will be but are not limited to: limited to the precise, final location of Schedule for Completion of Mitigation • Measures Visual effects from towers/widened towers, crane pads, and access roads ROW established through discussions with Within three years of issuance of the • Physical effects from construction the NPS. Adjustments from existing permit, these measures will be 2. Applicant will present feasibility/ plans will be made, where possible complete: infeasibility of avoidance/minimization given engineering and operational • Historic Properties Management Plan to NPS; NPS will submit to Section 106 constraints, to avoid and minimize • National Register nominations for the consulting parties for review and potential adverse impacts. Appalachian National Scenic Trail comment. Archeology • Identification of locations for 3. If the NPS and applicant determine vegetative screening/cultural that avoidance is not technically or • All archeological activities landscape treatments environmentally feasible, the applicant necessary for planning and/or Within five years of issuance of the will propose minimization efforts for construction will be controlled by a permit, these measures will be NPS approval. This may include but is valid Archeological Resources complete: not limited to planting vegetative Protection Act (ARPA) permit.
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• All areas of possible ground American Indian origin. If the coroner resolved through consultation, the NPS disturbance determined sensitive for determines that the remains are will forward all documentation relevant archeological resources must have American Indian, NPS managers will to the objection to the ACHP, including undergone archeological survey (Phase comply with NAGPRA requirements as the proposed response to the objection. I) and evaluation of identified described in 43 CFR 10 or a park- 3. Within thirty (30) days after receipt archeological sites (Phase II) where specific NAGPRA Plan of Action. If the of all pertinent documentation, the deemed necessary through review and coroner determines that the remains are ACHP will exercise one of the following consultation prior to ground-disturbing not American Indian and not the result options: activities in that particular location. of a crime, the park superintendent and a. Advise the NPS that the ACHP Survey and evaluation results must have cultural resource manager will concurs with the NPS proposed been reviewed by the appropriate coordinate with the appropriate SHPO response to the objection, whereupon Section 106 consulting parties and to determine disposition of the remains. the NPS will respond to the objection comments considered by the NPS prior • The NPS will require the relocation accordingly; or to proceeding. of ground disturbing activities to avoid b. Provide the NPS with • The applicant shall protect sites human remains, unless technically recommendations, which the NPS will through fencing, matting, or other NPS- infeasible. If not technically feasible, the take into account in reaching a final approved methods, where appropriate. applicant will consult with park and decision regarding its response to the If archeological sites cannot be Tribes on the reasons, and discuss objection. protected and will be damaged by alternate strategies, such as re- 4. Should the ACHP not exercise one ground disturbance, the NPS will interment. Applicant is responsible for of the above options within thirty (30) oversee their excavation according to a all costs associated with the delineation days after receipt of all pertinent data recovery plan that meets NPS, of the boundaries of the burial site, if documentation, the NPS may assume state, and park-specific standards and is required; relocation of ground the AHCP’s concurrence in its proposed concurred upon by the NPS and the disturbance; and costs of re-interment or response to the objection. appropriate SHPO and Tribes prior to alternate treatment methods. 5. The NPS will take into account any ground-disturbing activities. DEWA has • Applicant is responsible for all ACHP recommendation or comment a standard of archeologically excavating costs associated with survey/evaluation/ provided in accordance with this 100% of the affected portion of any mitigation of effects to archeological stipulation with reference only to the archeological site impacted by sites, as well as any costs for subject of the objection; the NPS’s development within the park. construction delays associated with responsibility to carry out all the actions • An archeological and/or tribal such activities. under this plan that are not the subjects monitor must be present for ground- • The applicant must prepare an of the objection will remain unchanged. disturbing activities identified archeological survey plan for review Section 7 Consultation according to the archeological and approval by the DEWA and APPA monitoring plan (as identified above) cultural resources manager for any post- Consultation with USFWS and the within the boundaries of the park to construction ground-disturbing National Oceanic and Atmospheric ensure no previously undiscovered sites activities related to maintenance and/or Administration (NOAA) Fisheries has are affected; the monitors may decide improvement of the line within the been completed as required by the their presence is not required for boundaries of DEWA, APPA, or MDSR Endangered Species Act and the individual actions. Applicant must for which the NPS will issue permit(s). Magnuson-Stevens Fishery coordinate the schedule of all ground Conservation and Management Act. disturbance with the monitors to ensure Historic Structures/Cultural Landscapes NPS has engaged with NOAA coverage, where appropriate. The cost Physical rehabilitation or restoration Fisheries with a formal consultation for monitoring is included in the NTE efforts on historic structures and letter; on May 13, 2010, NPS received a estimate identified in the park-specific cultural landscapes resulting from this response from NOAA Fisheries measures listed above. project, and conducted by entities other regarding the project. The letter stated • If construction crews make than the National Park Service, will be that there are American shad between unanticipated discoveries of supervised and inspected by the NPS to the Delaware Water Gap and the New archeological materials, work will ensure they meet the Secretary of the York border; additionally, there may be immediately stop in the discovery Interior’s Standards for the Treatment of also be shad in the Philadelphia reach location. Monitors will make an on-site Historic Properties. If the efforts do not of the river. Depending on further determination of the likelihood of meet the Standards, the performing information regarding the transmission human remains; if none is expected, entity will make all necessary line crossing of the river, NOAA monitors will notify the respective park adjustments, at its own expense, until Fisheries may need to be consulted superintendent and cultural resource rehabilitation or restoration meet the again. In addition, seasonal work manager, who will coordinate with the Standards. restrictions should be incorporated into respective SHPO and Tribes for an the project schedule for any work in the eligibility determination and treatment Dispute Resolution Delaware River. NPS received a method, as needed, within 15 days. 1. Should any consulting party object response to the preliminary alternatives • If construction-related activities in writing to the NPS regarding any newsletter from NOAA Fisheries on July uncover human remains, the applicant action carried out or proposed with 22, 2010. The letter noted that while a or its contractors will stop work at the respect to any undertakings covered by population of an endangered species location immediately, and notify park this plan or to implementation of this could be found in the Delaware River, law enforcement, monitors, and the park plan, the NPS will notify all consulting the population was downstream of the cultural resources manager. Park law parties and consult with the objecting study area. NOAA Fisheries stated that enforcement will determine if the party to resolve the objection. as no listed species were found in the remains are the result of a crime, and, 2. Within thirty (30) days after study area, further section 7 if so, will contact the local coroner to initiating such consultation, if the NPS consultation will not be required. On determine whether the remains are of determines that the objection cannot be January 31, 2012, the NPS received a
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letter from NOAA Fisheries indicating with the finding by NPS that the Dated: October 2, 2012. that NOAA had reviewed the draft EIS. preferred alternative was not likely to Dennis R. Reidenbach, The letter contained specific comments adversely affect endangered species on Regional Director, Northeast Region, National regarding the presence of the federally NPS lands. These letters and the Final Park Service. endangered shortnose sturgeon, federal Biological Assessment can be found in [FR Doc. 2012–25457 Filed 10–16–12; 8:45 am] candidate species Atlantic sturgeon, and appendix I of the final EIS. BILLING CODE 4312–JG–P the American shad within the study In a letter dated February 7, 2011, area during some periods of the year. NPS invited USFWS to become a However, NOAA Fisheries concluded cooperating agency for this EIS. On DEPARTMENT OF JUSTICE that the detailed discussion of impacts March 14, 2011, USFWS responded and to the river were discussed adequately agreed to become a cooperating agency, Notice of Lodging of Proposed in the draft EIS, and that no pending a formal Interagency Supplemental Consent Decree Under consultation will be required as part of Agreement, and on April 1, 2011, NPS the Comprehensive Environmental the federal permit process. The letter sent a request to USFWS to formalize Response Compensation and Liability recommended the use of BMPs to the Interagency Agreement. The Act minimize turbidity and other water agreement was signed on December 5, On October 10, 2012, the Department quality impacts. These letters can be 2011. of Justice lodged a proposed found in appendix I of the final EIS. Conclusion Supplemental Consent Decree with the After initial engagement of USFWS with United States District Court for the a consultation letter, USFWS sent an The above factors and considerations District of Massachusetts in the lawsuit initial response letter on June 11, 2010, warrant implementing alternative 2 as entitled, United States and regarding the project. The letter noted described and analyzed in the final EIS Massachusetts v. AVX Corporation, that the federally listed Indiana bat and for Appalachian National Scenic Trail, Civil Action No. 83–3882–Y. bog turtle could be affected by the Delaware Water Gap National In 1983, the United States and permit if specific permit conditions Recreation Area, and Middle Delaware Massachusetts commenced suit against were not met. Migratory birds were also National Scenic and Recreational River AVX Corporation (‘‘AVX’’) alleging that addressed, and USFWS provided and this Record of Decision. All AVX was liable to the governments for recommendations on the draft Avian practical means to avoid and minimize natural resource damages and later Protection Plan provided by PSE&G. environmental harm from amended the suit to seek response costs Recommendations for all species implementation of the selected under the Superfund statute and other included seasonal restrictions, alternative have been incorporated, as legal authorities. That litigation against mitigation measures, and additional described in the final EIS and this AVX was concluded when the surveys. NPS received a response to the Record of Decision. The alternative governments entered into a Consent preliminary alternatives newsletter from selected for implementation will not Decree with AVX in 1992, resolving USFWS on September 3, 2010, and an impair park resources or values and will AVX’s liability subject to the additional response on October 21, allow the NPS to preserve park governments’ rights to further pursue 2010, with potential impacts of each resources and provide for their the claims under a reservation of rights alternative on federally listed species enjoyment by future generations. This under CERCLA that authorizes the and suggested recommendations Record of Decision is not the final governments to seek additional relief regarding listed species. In a letter dated agency action for those elements of the based on unknown conditions or new January 10, 2011, NPS requested more decision that require the issuance of a information and another reservation of information from USFWS on any permit or additional ROW. Final agency rights that allows the governments to federally listed species within the action to implement this decision will seek additional relief from AVX should vicinity of the proposed alternatives occur when a permit and ROWs certain response costs exceed $130.5 within the park. The NPS sent a letter incorporating these terms are completed million (‘‘reopeners’’). This to the USFWS on November 16, 2011, and issued to the applicants. Supplemental Consent Decree resolves requesting comments on the draft Record of Decision Attachments AVX’s liability for response costs and Biological Assessment and draft EIS for injunctive relief under both the informal consultation. The USFWS The Record of Decision contains two unknown conditions/new information replied to the letter, indicating that the attachments: A Non-Impairment and cost-related reopeners under the USFWS could not provide advice on the Determination and the Final Statement 1992 Consent Decree. Upon entry of the need for formal consultation and noting of Findings. These attachments are Supplemental Consent Decree, the that the USFWS could not commit to available on the NPS Planning, Unilateral Administrative Order completing consultation by May 2, Environment, and Public Comment (‘‘UAO’’) issued, pursuant to Section 2012, as requested. The letter from the System (PEPC). The links to these 106 of CERCLA, by EPA Region 1 on USFWS provided some comments on attachments are provided below. April 18, 2012 (whose ‘‘effective date’’ impacts and options on concluding Attachment A: Non-Impairment has currently been delayed until consultation. Another letter received Determination November 1, 2012) will be withdrawn. from the USFWS on January 31, 2012, Mediated negotiations between the included comments on the draft EIS and http://parkplanning.nps.gov/document. governments and AVX that were on impacts to the bog turtle, Indiana bat, cfm?parkID=220&projectID=25147& conducted following EPA’s issuance of bald eagle, and other migratory birds. documentID=49997 the UAO resulted in the Supplemental The draft Biological Assessment was Attachment B: Final Wetland and Consent Decree. sent to USFWS on May 21, 2012. Under the terms of the Supplemental Floodplain Statement of Findings Comments were received and the final Consent Decree, AVX Corporation will Biological Assessment was sent to http://parkplanning.nps.gov/document. pay an additional $366.25 million with USFWS on June 29, 2012. In a letter cfm?parkID=220&projectID=25147& interest (in addition to the $59 million, dated July 6, 2012, USFWS concurred documentID=49997 plus interest, that AVX paid for
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response costs in the 1992 Consent States Treasury. For a paper copy SOL Michael D. Felsen, Regional Decree) in three payments spanning two without the exhibits, the cost is $6.50. Solicitor, Boston—appointment expires on 09/30/13 years and will provide financial Ronald G. Gluck, assurance to secure the required SOL Deborah Greenfield, Deputy Assistant Section Chief, Environmental Solicitor—appointment expires on 9/ payments. The governments will release Enforcement Section, Environment and their claims for all response costs and Natural Resources Division. 30/13 injunctive relief without new SOL Jeffrey L. Nesvet, Associate [FR Doc. 2012–25488 Filed 10–16–12; 8:45 am] Solicitor for Federal Employees’ and ‘‘reopeners’’ under Sections 106 and 107 BILLING CODE 4410–15–P of CERCLA, among other alleged claims. Energy Workers’ Compensation— The governments retain their rights to appointment expires on 09/30/14 additional relief for natural resource WHD Cynthia C Watson, Regional Administrator (Dallas)—appointment damages pursuant to a reservation of DEPARTMENT OF LABOR expires on 09/30/14 rights in the 1992 Consent Decree. Office of the Secretary FOR FURTHER INFORMATION CONTACT: Ms. The publication of this notice initiates Kim Green, Acting Director, Office of a 30-day period for public comment on Senior Executive Service; Appointment Executive Resources, Room C5508, U.S. the Supplemental Consent Decree. of Members to the Performance Department of Labor, Frances Perkins Comments should be addressed to the Review Board Building, 200 Constitution Ave NW., Assistant Attorney General, Title 5 U.S.C. 4314(c)(4) provides that Washington, DC 20210, telephone: (202) Environment and Natural Resources Notice of the Appointment of the 693–7642. Division, and should refer to United individual to serve as a member of the Signed at Washington, DC on 4th day of States and Massachusetts v. AVX Performance Review Board of the Senior October, 2012. Corporation, D.J. Ref. No. 90–11–2–32/ Executive Service shall be published in Hilda L. Solis, 2. All comments must be submitted no the Federal Register. Secretary of Labor. later than thirty (30) days after the The following individuals are hereby [FR Doc. 2012–25577 Filed 10–16–12; 8:45 am] publication date of this notice. appointed to serve on the Department’s BILLING CODE 4510–23–P Comments may be submitted either by Performance Review Board: email or by mail: Permanent Membership DEPARTMENT OF LABOR To submit Send them to: Chair—Deputy Secretary—Seth D. comments: Harris. Employment and Training Vice-Chair—Assistant Secretary for Administration By e-mail ...... pubcomment-ees.enrd@ Administration and Management—T. usdoj.gov. [TA–W–81,204A] Michael Kerr. By mail ...... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Alternate Vice-Chair—Acting Alternative Management Resources, Box 7611, Washington, DC Director, Human Resources Center— Inc., Doepker Group, Inc., D.B.A. Time 20044–7611. Sydney T. Rose. Staffing, Inc., Personnel Management Executive Secretary—Acting Director, Group, Inc., Including Workers Whose Executive Resources—Kim L.H. Green. During the 30-day comment period, a Unemployment Insurance (UI) Wages person may request an opportunity for Rotating Membership Are Reported Through Employer a public meeting in the affected area in Solutions Staffing Group, LLC, Select ASP Kathleen E. Franks, Director, Staffing, and Strom Engineering accordance with Section 7003 of RCRA, Office of Regulatory and 42 U.S.C. 6973, regarding the Decree’s Corporation, Working On-Site At Programmatic Policy—appointment Cooper Tire & Rubber Company, covenant not to sue under Section 7003. expires on 09/30/13 The 30-day comment period may not be Findlay, Ohio; Amended Certification EBSA Sharon S. Watson, Director, Regarding Eligibility To Apply for extended if a request for a meeting is not Office of Participant Assistance— Worker Adjustment Assistance timely received to allow for the appointment expires on 9/30/13 submission of comments within 30 EBSA Jonathan Kay, Regional Director In accordance with Section 223 of the days. During the public comment (New York)—appointment expires on Trade Act of 1974, as amended (‘‘Act’’), period, the Supplemental Consent 9/30/14 19 U.S.C. 2273, the Department of Labor Decree may be examined and ILAB Marcia M. Eugenio, Director, issued a Certification of Eligibility to downloaded at this Justice Department Office of Child Labor, Forced Labor Apply for Worker Adjustment Web site: http://www.usdoj.gov/enrd/ Human Trafficking—appointment Assistance on January 27, 2012, Consent_Decrees.html. We will provide expires on 09/30/13 applicable to workers and former a paper copy of the Supplemental OASAM Charlotte A. Hayes, Deputy workers of Alternative Management Consent Decree upon written request Assistant Secretary for Policy— Resources, Inc., Doepker Group, Inc., and payment of reproduction costs. appointment expires on 09/30/13 D.B.A. Time Staffing, Inc., Personnel Please mail your request and payment OASAM Milton A. Stewart, Director, Management Group, Inc., Select to: Consent Decree Library, U.S. DOJ— Business Operations Center— Staffing, and Strom Engineering ENRD, P.O. Box 7611, Washington, DC appointment expires on 09/30/13 Corporation working on-site at Cooper OCFO Karen Tekleberhan, Deputy 20044–7611. Tire & Rubber Company, Findlay, Ohio Chief Financial Officer—appointment (TA–W–81,204A). The Department’s Please enclose a check or money order expires on 09/30/2014 notice of determination was published for $19.50 (25 cents per page OLMS Stephen J. Willertz, Director, in the Federal Register on February 8, reproduction cost) payable to the United Office of Enforcement and 2012 (77 FR 6589). International Union Audits— At the request of a state workforce appointment expires on 09/30/2013 official, the Department reviewed the
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certification for workers of the subject workers of Johnson Controls, Inc., Apply for Worker Adjustment firm. including on-site leased workers from Assistance on January 20, 2012, New information shows that some Valley Staffing, Hudson, Wisconsin applicable to workers of Heartland workers separated from employment at (subject firm). The Department’s notice Bakery Company, LLC, a subsidiary of Personnel Management Group, working of determination was published in the Maplehurst Bakeries, LLC, including on- on-site at Cooper Tire & Rubber, Federal Register on March 6, 2012 (77 site leased workers from Select Remedy, Findlay, Ohio, had their wages reported FR 13354). The workers were engaged in Du Quoin, Illinois. The Department’s through a separate unemployment the production of automotive seating. notice of determination was published insurance (UI) tax account under the At the request of the State Workforce in the Federal Register on February 14, name Employer Solutions Staffing Office, the Department reviewed the 2012 (77 FR 8283). Workers were Group, LLC. certification for workers of the subject The intent of the Department’s engaged in employment related to the firm. The company reports that workers production of cookies. certification is to include all workers of leased from AZ Quality were employed the subject firm who were adversely on-site at the Hudson, Wisconsin At the request of the State Workforce affected by an increase in imports of like location of Johnson Controls, Inc. Office, the Department reviewed the or directly competitive articles with The Department has determined that certification for workers of the subject those produced at the subject firm. these workers were sufficiently under firm. Accordingly, the Department is the control of the subject firm to be The company reports that workers amending this certification to properly considered leased workers. from Westaff were employed on-site at reflect this matter. Based on these findings, the the Du Quoin, Illinois location of The amended notice applicable to Department is amending this Heartland Bakery Company, LLC. The TA–W–81,204A is hereby issued as certification to include workers leased follows: Department has determined that these from AZ Quality working on-site at the workers were sufficiently under the Hudson, Wisconsin location of Johnson ’’All workers of Alternative Management control of the subject firm to be Resources, Inc., Doepker Group, Inc., D.B.A. Controls, Inc. considered leased workers. Time Staffing, Inc., Personnel Management The amended notice applicable to Group, Inc., including workers whose TA–W–81,067 is hereby issued as Based on these findings, the unemployment insurance (UI) wages are follows: Department is amending this reported through Employer Solutions Staffing certification to include workers of Group, LLC, Select Staffing, and Strom ‘‘All workers of Johnson Controls, Inc., Engineering Corporation working on-site at including on-site leased workers of Valley Westaff working on-site at the Du Cooper Tire & Rubber Company, Findlay, Staffing and AZ Quality, Hudson, Wisconsin, Quoin, Illinois location of Heartland Ohio, who became totally or partially who became totally or partially separated Bakery Company, LLC. separated from employment on or after from employment on or after February 13, The amended notice applicable to 2010, through February 15, 2014, and all February 13, 2010, through January 27, 2014, TA–W–81,177 is hereby issued as and all workers in the group threatened with workers in the group threatened with total or total or partial separation from employment partial separation from employment on the follows: on January 27, 2012 through January 27, date of certification through two years from ‘‘All workers of Heartland Bakery 2014, are eligible to apply for adjustment the date of certification, are eligible to apply Company, LLC, a subsidiary of Maplehurst for adjustment assistance under Chapter 2 of assistance under Chapter 2 of Title II of the Bakeries, LLC, including on-site leased Trade Act of 1974, as amended.’’ Title II of the Trade Act of 1974, as amended.’’ workers from SelectRemedy and Westaff, Du Signed in Washington, DC this 10th day of Quoin, Illinois, who became totally or May, 2012. Signed in Washington, DC, this 9th day of partially separated from employment on or Del Min Amy Chen, May, 2012. after February 13, 2010, through January 20, Certifying Officer, Office of Trade Adjustment Del Min Amy Chen, 2014, and all workers in the group threatened Assistance. Certifying Officer, Office of Trade Adjustment with total or partial separation from [FR Doc. 2012–25524 Filed 10–16–12; 8:45 am] Assistance. employment on the date of certification BILLING CODE 4510–FN–P [FR Doc. 2012–25528 Filed 10–16–12; 8:45 am] through two years from the date of BILLING CODE 4510–FN–P certification, are eligible to apply for adjustment assistance under Chapter 2 of DEPARTMENT OF LABOR Title II of the Trade Act of 1974, as DEPARTMENT OF LABOR amended.’’ Employment and Training Signed in Washington, DC this 9th day of Administration Employment and Training Administration May, 2012. [TA–W–81,067] Del Min Amy Chen, [TA–W–81,177] Johnson Controls, Inc. Including On- Certifying Officer, Office of Trade Adjustment Assistance. Site Leased Workers of Valley Staffing Heartland Bakery Company, LLC, a and AZ Quality Hudson, Wisconsin; Subsidiary of Maplehurst Bakeries, [FR Doc. 2012–25529 Filed 10–16–12; 8:45 am] Amended Certification Regarding LLC, Including On-Site Leased BILLING CODE 4510–FN–P Eligibility To Apply for Worker Workers From Selectremedy and Adjustment Assistance Westaff, Du Quoin, IL; Amended Certification Regarding Eligibility To In accordance with Section 223 of the Apply for Worker Adjustment Trade Act of 1974, as amended (‘‘Act’’), Assistance 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to In accordance with Section 223 of the Apply for Worker Adjustment Trade Act of 1974, as amended (‘‘Act’’), Assistance on February 15, 2012, 19 U.S.C. 2273, the Department of Labor applicable to workers and former issued a Certification of Eligibility to
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DEPARTMENT OF LABOR through two years from the date of produced directly using services certification, are eligible to apply for supplied by such firm, have increased; Employment and Training adjustment assistance under Chapter 2 of and Administration Title II of the Trade Act of 1974, as (4) the increase in imports contributed amended.’’ importantly to such workers’ separation [TA–W–81,009] Signed in Washington, DC this 9th day of or threat of separation and to the decline May, 2012. Birds Eye Foods, LLC; Fulton, NY in the sales or production of such firm; Del Min Amy Chen, Plant; A Wholly-Owned Subsidiary of or Pinnacle Foods Group LLC; Including Certifying Officer, Office of Trade Adjustment II. Section 222(a)(2)(B) all of the Assistance . On-Site Leased Workers From W L following must be satisfied: Staff Svces., Inc. and Bemsa Holdings, [FR Doc. 2012–25527 Filed 10–16–12; 8:45 am] (1) a significant number or proportion Inc.; Fulton, New York; Amended BILLING CODE 4510–FN–P of the workers in such workers’ firm Certification Regarding Eligibility To have become totally or partially Apply for Worker Adjustment separated, or are threatened to become DEPARTMENT OF LABOR Assistance totally or partially separated; (2) One of the following must be In accordance with Section 223 of the Employment and Training satisfied: Trade Act of 1974, as amended (‘‘Act’’), Administration (A) there has been a shift by the 19 U.S.C. 2273, the Department of Labor workers’ firm to a foreign country in the Notice of Determinations Regarding issued a Certification of Eligibility to production of articles or supply of Eligibility To Apply for Worker Apply for Worker Adjustment services like or directly competitive Adjustment Assistance Assistance on December 21, 2011, with those produced/supplied by the applicable to workers and former In accordance with Section 223 of the workers’ firm; workers of Birds Eye Foods, LLC, Trade Act of 1974, as amended (19 (B) there has been an acquisition from Fulton, NY Plant, a wholly-owned U.S.C. 2273) the Department of Labor a foreign country by the workers’ firm subsidiary of Pinnacle Foods Group herein presents summaries of of articles/services that are like or LLC, including on-site leased workers determinations regarding eligibility to directly competitive with those from W L Staff Svces., Inc., Fulton, New apply for trade adjustment assistance for produced/supplied by the workers’ firm; York (subject firm). The Department’s workers by (TA–W) number issued and notice of determination was published during the period of April 30, 2012 (3) the shift/acquisition contributed in the Federal Register on January 12, through May 4, 2012. importantly to the workers’ separation 2012 (77 FR 1951). In order for an affirmative or threat of separation. At the request of the State Workforce determination to be made for workers of In order for an affirmative Office, the Department reviewed the a primary firm and a certification issued determination to be made for adversely certification for workers of the subject regarding eligibility to apply for worker affected workers in public agencies and firm. The workers were engaged in the adjustment assistance, each of the group a certification issued regarding production of frozen vegetable (in three eligibility requirements of Section eligibility to apply for worker types of cardboard box and plastic 222(a) of the Act must be met. adjustment assistance, each of the group packaging: Steamfresh®, Box Sauce, and I. Under Section 222(a)(2)(A), the eligibility requirements of Section XL Poly), frozen complete bagged meals following must be satisfied: 222(b) of the Act must be met. (1) a significant number or proportion (vegetable, protein, starch, and sauce), (1) a significant number or proportion of the workers in the public agency have and frozen fruit products. of the workers in such workers’ firm become totally or partially separated, or The subject firm reports that workers have become totally or partially are threatened to become totally or from BEMSA Holdings, Inc. were separated, or are threatened to become partially separated; employed on-site at the Fulton, New totally or partially separated; (2) the public agency has acquired York location of Birds Eye Foods, LLC. (2) the sales or production, or both, of from a foreign country services like or The Department has determined that such firm have decreased absolutely; directly competitive with services these workers were sufficiently under and (3) One of the following must be which are supplied by such agency; and the control of the subject firm to be (3) the acquisition of services considered leased workers. Based on satisfied: (A) imports of articles or services like contributed importantly to such these findings, the Department is or directly competitive with articles workers’ separation or threat of amending this certification to include produced or services supplied by such separation. workers leased from BEMSA Holdings, firm have increased; In order for an affirmative Inc. working on-site at the Fulton, New (B) imports of articles like or directly determination to be made for adversely York location of Birds Eye Foods, LLC. competitive with articles into which one affected secondary workers of a firm and The amended notice applicable to or more component parts produced by a certification issued regarding TA–W–81,009 is hereby issued as such firm are directly incorporated, eligibility to apply for worker follows: have increased; adjustment assistance, each of the group ‘‘All workers of Birds Eye Foods, LLC, (C) imports of articles directly eligibility requirements of Section Fulton, NY Plant, a wholly-owned subsidiary incorporating one or more component 222(c) of the Act must be met. of Pinnacle Foods Group LLC, including on- parts produced outside the United (1) a significant number or proportion site leased workers from W L Staff Svces., States that are like or directly of the workers in the workers’ firm have Inc. and BEMSA Holdings, Inc., Fulton, New become totally or partially separated, or York, who became totally or partially competitive with imports of articles separated from employment on or after incorporating one or more component are threatened to become totally or February 13, 2010, through December 21, parts produced by such firm have partially separated; 2013, and all workers in the group threatened increased; (2) the workers’ firm is a Supplier or with total or partial separation from (D) imports of articles like or directly Downstream Producer to a firm that employment on the date of certification competitive with articles which are employed a group of workers who
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received a certification of eligibility (1) the workers’ firm is publicly (B) notice of an affirmative under Section 222(a) of the Act, and identified by name by the International determination described in such supply or production is related to Trade Commission as a member of a subparagraph (1) is published in the the article or service that was the basis domestic industry in an investigation Federal Register; and for such certification; and resulting in— (3) the workers have become totally or (3) either— (A) an affirmative determination of partially separated from the workers’ (A) the workers’ firm is a supplier and serious injury or threat thereof under firm within— the component parts it supplied to the section 202(b)(1); (A) the 1-year period described in firm described in paragraph (2) (B) an affirmative determination of paragraph (2); or accounted for at least 20 percent of the market disruption or threat thereof (B) notwithstanding section 223(b)(1), production or sales of the workers’ firm; under section 421(b)(1); or the 1-year period preceding the 1-year or (C) an affirmative final determination period described in paragraph (2). (B) a loss of business by the workers’ of material injury or threat thereof under firm with the firm described in section 705(b)(1)(A) or 735(b)(1)(A) of Affirmative Determinations for Worker paragraph (2) contributed importantly to the Tariff Act of 1930 (19 U.S.C. Adjustment Assistance the workers’ separation or threat of 1671d(b)(1)(A) and 1673d(b)(1)(A)); The following certifications have been separation. (2) the petition is filed during the 1- issued. The date following the company In order for an affirmative year period beginning on the date on name and location of each determination to be made for adversely which— determination references the impact affected workers in firms identified by (A) a summary of the report submitted date for all workers of such the International Trade Commission and to the President by the International determination. a certification issued regarding Trade Commission under section The following certifications have been eligibility to apply for worker 202(f)(1) with respect to the affirmative issued. The requirements of Section adjustment assistance, each of the group determination described in paragraph 222(a)(2)(B) (shift in production or eligibility requirements of Section 222(f) (1)(A) is published in the Federal services) of the Trade Act have been of the Act must be met. Register under section 202(f)(3); or met.
TA–W No. Subject firm Location Impact date
81,384 ...... MTD Consumer Group, Inc., Industrial Plastics Division, MTD Prod- Valley City, OH ...... March 2, 2011. ucts, Inc., Ameritemps. 81,445 ...... Worley Parsons, Worley Parsons Corporation, Gas Unlimited and Pasadena, TX ...... March 22, 2011. The Mergis Group, etc. 81,457 ...... Shaw’s Supermarket, Supervalu, Inc., Accounts Payable Department West Bridgewater, MA ...... January 16, 2012. 81,466 ...... Gates Corporation, Tomkins Ltd., Industrial and Automotive Group, Charleston, MO ...... March 29, 2011. Manpower. 81,468 ...... Acuity Brands Lighting, Inc., Sizemore Staffing Leased Workers ...... Cochran, GA ...... May 1, 2012. 81,468A ...... Randstad Staffing, Working On-Site at Acuity Brands Lighting, Inc .... Cochran, GA ...... March 30, 2011. 81,478 ...... Supermedia, LLC, Supermedia, Inc., Information Technology Division Middleton, MA ...... March 29, 2011. 81,483 ...... EMD Millipore Corporation, EMD Chemicals Division, Merck KGAA, Gibbstown, NJ ...... April 15, 2012. Greentree, Ajilen and EMD Temps, etc. 81,483A ...... Gloucester County Maintenance and Securities Security Services, Gibbstown, NJ ...... March 6, 2011. EMD Millipore Corp., EMD Chemicals Division, Merck KGAA. 81,497 ...... Eastman Kodak Company, Color Paper Testing Lab ...... Rochester, NY ...... April 11, 2011. 81,517 ...... Lane Furniture Industries, Inc., Technical Support IT Group, Yash & Tupelo, MS ...... April 4, 2011. Prozgroup, Furniture Brands Int’l. 81,524 ...... FT Material Solutions, Inc., Aerotek, UI Wages Were Reported Fairview, OR ...... April 17, 2011. Through Ferrotec, etc. 81,540 ...... Rock Creek Athletics, Inc., 203 6th Avenue West, Neff Motivation, Grinnell, IA ...... April 24, 2011. Inc. 81,540A ...... Rock Creek Athletics, Inc., 727 6th Avenue West, Neff Motivation, Grinnell, IA ...... April 24, 2011. Inc.
The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(c) (supplier to a firm whose workers
TA–W No. Subject firm Location Impact date
81,489 ...... Swift Spinning, Inc., East Columbus Plant, Swift Spinning, LLC ...... Columbus, GA ...... April 6, 2011. 81,489A ...... Swift Spinning, Inc., CYD Plant, Swift Spinning, LLC ...... Columbus, GA ...... April 6, 2011.
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
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TA–W No. Subject firm Location Impact date
81,493 ...... Wynn Oil Company, ITW, Leased Workers from Select Staffing ...... Azusa, CA ......
The investigation revealed that the (decline in sales or production, or both) services to a foreign country) of section criteria under paragraphs (a)(2)(A)(i) and (a)(2)(B) (shift in production or 222 have not been met.
TA–W No. Subject firm Location Impact date
81,355 ...... Sanmina—SCI, Medical Division ...... Huntsville, AL ......
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.
TA–W No. Subject firm Location Impact date
81,314 ...... Northwest Hardwoods, Inc., On-Site Leased Workers of Manpower .. Tacoma, WA ...... 81,317 ...... Dana Holding Corporation, Power Technologies Group Division, Milwaukee, WI ...... Manpower. 81,346 ...... Epicor Software Corporation ...... Irvine, CA ...... 81,357 ...... Tri-Fab Associates, Inc ...... Fremont, CA ...... 81,460 ...... Brown Shoe Company, Inc ...... Sikeston, MO ......
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.
TA–W No. Subject firm Location Impact date
81,378 ...... II–VI, Inc., Infrared Optics-Saxonburg Division ...... Saxonburg, PA ......
The following determinations because the petitions are the subject of filed earlier covering the same terminating investigations were issued ongoing investigations under petitions petitioners.
TA–W No. Subject firm Location Impact date
81,530 ...... Allied Tube & Conduit ...... Morrisville, PA ......
I hereby certify that the DEPARTMENT OF LABOR Chapter 2, of the Act. The investigations aforementioned determinations were will further relate, as appropriate, to the issued during the period of April 30, Employment and Training determination of the date on which total 2012 through May 4, 2012. These Administration or partial separations began or determinations are available on the threatened to begin and the subdivision Investigations Regarding Eligibility To Department’s Web site tradeact/taa/taa of the firm involved. Apply for Worker Adjustment The petitioners or any other persons searchform.cfm under the searchable Assistance listing of determinations or by calling showing a substantial interest in the the Office of Trade Adjustment Petitions have been filed with the subject matter of the investigations may Assistance toll free at 888–365–6822. Secretary of Labor under Section 221(a) request a public hearing, provided such request is filed in writing with the Dated: May 11, 2012. of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this Director, Office of Trade Adjustment Elliott S. Kushner, notice. Upon receipt of these petitions, Assistance, at the address shown below, Certifying Officer, Office of Trade Adjustment the Director of the Office of Trade not later than October 29, 2012. Assistance. Adjustment Assistance, Employment Interested persons are invited to Editorial Note: This document was and Training Administration, has submit written comments regarding the received at the Office of the Federal Register instituted investigations pursuant to subject matter of the investigations to on Friday, October 12, 2012. Section 221(a) of the Act. the Director, Office of Trade Adjustment [FR Doc. 2012–25526 Filed 10–16–12; 8:45 am] The purpose of each of the Assistance, at the address shown below, BILLING CODE 4510–FN–P investigations is to determine whether not later than October 29, 2012. the workers are eligible to apply for The petitions filed in this case are adjustment assistance under Title II, available for inspection at the Office of
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the Director, Office of Trade Adjustment Signed at Washington, DC this 11th day of Assistance, Employment and Training May 2012. Administration, U.S. Department of Elliott S. Kushner, Labor, Room N–5428, 200 Constitution Certifying Officer, Office of Trade Adjustment Avenue NW., Washington, DC 20210. Assistance. APPENDIX [22 TAA petitions instituted between 4/30/12 and 5/4/12]
Subject Firm Date of Date of TA–W (Petitioners) Location institution petition
81553 ...... Hartford Financial Services Group, Inc. (Company) ...... Hartford, CT ...... 04/30/12 04/27/12 81554 ...... Hamilton Sundstrand Power Systems (Company) ...... San Diego, CA ...... 04/30/12 04/29/12 81555 ...... Leggett & Platt (Company) ...... Clinton, NC ...... 04/30/12 04/13/12 81556 ...... International Automotive Components LLC (Union) ...... Canton, OH ...... 04/30/12 04/30/12 81557 ...... TE Connectivity (Company) ...... Middletown, PA ...... 05/01/12 04/27/12 81558 ...... Healthcare Corporation of America (Workers) ...... Cottonwood Heights, 05/01/12 04/30/12 UT. 81559 ...... Unilin Flooring (State/One-Stop) ...... Dallas, TX ...... 05/01/12 04/30/12 81560 ...... Dex One (Company) ...... Lone Tree, CO; Bristol, 05/02/12 05/01/12 TN; Morrisville, NC, CO. 81561 ...... Helios Solar Works (State/One-Stop) ...... Milwaukee, WI ...... 05/02/12 05/01/12 81562 ...... Sharp Decisions working on-site at American Honda (State/One- Torrance, CA ...... 05/02/12 05/01/12 Stop). 81563 ...... Steel Heddle (Workers) ...... Greenville, SC ...... 05/02/12 04/26/12 81564 ...... Century Link (Workers) ...... nationwide, ...... 05/02/12 04/25/12 81565 ...... Travelers Insurance (Workers) ...... Hartford, CT ...... 05/03/12 05/02/12 81566 ...... European Touch (State/One-Stop) ...... Milwaukee, WI ...... 05/03/12 05/01/12 81567 ...... Datex Ohmeda, Inc. d/b/a GE Healthcare (Union) ...... Madison, WI ...... 05/03/12 05/02/12 81568 ...... Johnson Precision (Workers) ...... Amherst, NH ...... 05/03/12 05/02/12 81569 ...... Elsevier, Inc. (Workers) ...... Waltham, MA ...... 05/04/12 05/03/12 81570 ...... Sapa (State/One-Stop) ...... Parsons, KS ...... 05/04/12 05/02/12 81571 ...... Cadmus Print Services (Union) ...... Easton, PA ...... 05/04/12 04/16/12 81572 ...... Extrusions, Inc. (State/One-Stop) ...... Ft. Scott, KS ...... 05/04/12 05/02/12 81573 ...... New Age Industrial Corp. (State/One-Stop) ...... Norton, KS ...... 05/04/12 05/02/12 81574 ...... Atlas Copco (Workers) ...... Auburn Hills, MI ...... 05/04/12 04/20/12
[FR Doc. 2012–25525 Filed 10–16–12; 8:45 am] SUMMARY: The Millennium Challenge (www.mcc.gov) in accordance with BILLING CODE 4510–FN–P Corporation (MCC) is reporting for the section 612(b) of the Act. quarter April 1, 2012, through June 30, Dated: October 16, 2012. 2012, on assistance provided under T. Charles Cooper, MILLENNIUM CHALLENGE section 605 of the Millennium CORPORATION Challenge Act of 2003 (22 U.S.C. 7701 Vice President, Congressional and Public et seq.), as amended (the Act), and on Affairs, Millennium Challenge Corporation. [MCC FR 12–11] transfers or allocations of funds to other Notice of Quarterly Report (April 1, federal agencies under section 619(b) of 2012–June 30, 2012) the Act. The following report will be made available to the public by AGENCY: Millennium Challenge publication in the Federal Register and Corporation. on the Internet Web site of the MCC
ASSISTANCE PROVIDED UNDER SECTION 605
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Nicaragua Year: 2012 Quarter 3 Total Obligation: $112,009,390
Entity to which the assistance is provided: MCA Nicaragua Total Quarterly Disbursements 1: $¥28,532
Property Regularization $7,180,454 Increase Investment by $6,713,553 Automated database of registry and cadastre in- Project. strengthening property stalled in the 10 municipalities of Leon. rights. Value of land, urban. Value of land, rural. Time to conduct a land transaction. Additional parcels with a registered title, urban. Additional parcels with a registered title, rural. Area covered by cadastral mapping. Cost to conduct a land transaction.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative 2 Projects Obligated Objective disbursements Measures
Transportation Project ...... $57,735,608 Reduce transportation $56,740,790 Annual Average daily traffic volume: N–I Highway, costs between Leon Section R1. and Chinandega and Annual Average daily traffic volume: N–I Highway, national, regional and Section R2. global markets. Annual Average daily traffic volume: Port Sandino (S13). Annual Average daily traffic volume: Villanueva— Guasaule Annual. Average daily traffic volume: Somotillo-Cinco Pinos (S1). Annual average daily traffic volume: Leo´n-Poneloya- Las Pen˜itas. International Roughness Index: N–I Highway, Sec- tion R1. International Roughness Index: N–I Highway, Sec- tion R2. International Roughness Index: Port Sandino (Sec- tion S13). International roughness index: Villanueva: Guasaule. International roughness index: Somotillo-Cinco Pinos. International roughness index: Leo´n-Poneloya-Las Pen˜itas. Kilometers of N–I upgraded: Sections R1 and R2 and S13. Kilometers of NI upgraded: Villanueva—Guasaule. Kilometers of S1 road upgraded. Kilometers of S9 road upgraded. Rural Development Project $31,530,722 Increase the value added $31,291,352 Beneficiaries with business plans. of farms and enter- Manzanas (1 manzana = 1.7 hectares), by sector, prises in the region. harvesting higher-value crops. Beneficiaries with business plans prepared with as- sistance of Rural Business Development Project. Beneficiaries implementing forestry business plans under Improvement of Water Supplies Activity. Manzanas reforested. Manzanas with trees planted. Program Administration,3 $15,562,605 ...... $15,272,285 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $2,685,101 ports 4.
The negative disbursement relates to a return of funds to MCC upon MCA Nicaragua’s closing.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Benin Year: 2012 Quarter 3 Total Obligation: $307,298,039
Entity to which the assistance is provided: MCA Benin Total Quarterly Disbursements 1: $142,167
Access to Financial Serv- $17,688,674 Expand Access to Finan- $15,495,910 Value of credits granted by micro-finance institutions ices Project. cial Services. (MFIs) (at the national level). Value of savings collected by MFIs (at the national level). Average portfolio at risk >90 days of MFIs at the na- tional level. Operational self-sufficiency of MFIs at the national level. Institutions receiving grants through the established grant facility. MFIs inspected by Cellule Supervision Microfinance.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Access to Justice Project .. $20,075,580 Improved Ability of Justice $19,383,915 Average time to enforce a contract. System to Enforce Con- Percent of firms reporting confidence in the judicial tracts and Reconcile system. Claims. Passage of new legal codes. Average time required for Tribunaux de premiere in- stance (TPI) arbitration centers and courts of first instance to reach a final decision on a case. Average time required for Court of Appeals to reach a final decision on a case. Percent of cases resolved in TPI per year. Percent of cases resolved in Court of Appeals per year. Courthouses completed. Average time required to register a business (socie´te´). Average time required to register a business (sole proprietorship). Access to Land Project ..... $32,182,938 Strengthen property rights $30,978,490 Percent of households investing in targeted urban and increase invest- land parcels. ment in rural and urban Percent of households investing in targeted rural land. land parcels. Average cost required to convert occupancy permit to land title through systematic process. Share of respondents perceiving land security in the Conversions from Occupancy permit to land title (PH–TF) or Rural Land Plan (PFR) areas. Preparatory studies completed. Legal and Regulatory Reforms Adopted. Amount of Equipment Purchased. New land titles obtained by transformation of occu- pancy permit. Land certificates issued within MCA implementation. PFRs established with MCA Benin implementation. Permanent stations installed. Stakeholders trained. Communes with new cadastres. Operational land market information systems. Access to Markets Project $188,866,208 Improve Access to Mar- $188,683,879 Volume of merchandise traffic through the Port kets through Improve- Autonome de Cotonou. ments to the Port of Bulk ship carriers waiting times at the port. Cotonou. Port design-build contract awarded. Annual theft cases. Average time to clear customs. Port meets international port security standards (International Ship and Port Facility Security Code). Program Administration,3 $48,484,639 ...... $46,877,986 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $471,714 ports 4. Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Ghana Year: 2012 Quarter 3 Total Obligation: $547,009,000
Entity to which the assistance is provided: MCA Ghana Total Quarterly Disbursements 1: $42,629,978
Agriculture Project ...... $203,234,837 Enhance Profitability of $201,898,740 Farmers trained in commercial agriculture. cultivation, services to Additional hectares irrigated. agriculture and product Hectares under production. handling in support of Kilometers of feeder road completed. the expansion of com- Percent of contracted feeder road works disbursed. mercial agriculture Value of loans disbursed to clients from agriculture among groups of loan fund. smallholder farms. Portfolio-at-risk of Agriculture Loan Fund (percent). Cooling facilities installed. Percent of contracted irrigation works disbursed. Total parcels registered in the Pilot Land Registra- tion Areas. Volume of products passing through post-harvest treatment.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Rural Development Project $76,521,481 Strengthen the rural insti- $75,535,187 Students enrolled in schools affected by Education tutions that provide Facilities Sub-Activity. services complemen- Additional female students enrolled in schools af- tary to, and supportive fected by Education Facilities Sub-Activity. of, agricultural and agri- Individuals completing internships at Ministries, De- culture business devel- partments and Agencies (MDAs) and Metropoli- opment. tan, Municipal and District Assemblies (MMDAs). Schools rehabilitated. School blocks constructed. Distance to collect water. Households with access to improved water supply. Water points constructed. Kilometers of electricity lines identified and dili- gence. Inter-bank transactions. Rural banks automated under the Automation/Com- puterization and Interconnectivity of Rural Banks activity. Rural banks connected to the wide area network (WAN). Agricultural processing plants in target districts with electricity due to Rural Electrification Sub-Activity. N1 Highway: Annualized average daily traffic. N1 Highway: Kilometers of road upgraded. Trunk roads kilometers of roads completed. Percent of contracted trunk road works disbursed. Ferry Activity: Annualized average daily traffic vehi- cles. Ferry Activity: Annual average daily traffic (pas- sengers). Percent of contracted road works disbursed: N1 Highway, Lot 2. Percent of contracted road works disbursed: N1 Highway, Lot 2. Percent of contracted work disbursed: Ferry and floating dock. Percent of contracted work disbursed: Landings and terminals. Program Administration,3 $46,621,604 ...... $40,704,077 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $5,181,487 ports 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: El Salvador Year: 2012 Quarter 3 Total Obligation: $460,940,000
Entity to which the assistance is provided: MCA El Salvador Total Quarterly Disbursements 1: $26,748,928
Human Development $89,146,523 Increase human and $77,194,326 Non-formal trained students that complete the train- Project. physical capital of resi- ing. dents of the Northern Students participating in MCC-supported education Zone to take advantage activities. of employment and Additional school female students enrolled in MCC- business opportunities. supported activities. Instructors trained or certified through MCC-sup- ported activities. Educational facilities constructed/rehabilitated and/or equipped through MCC-supported activities. Households with access to improved water supply. Households with access to improved sanitation. Persons trained in hygiene and sanitary best prac- tices. Households benefiting with a connection to the elec- tricity network. Household benefiting with the installation of isolated solar systems. Kilometers of new electrical lines with construction contracts signed. Population benefiting from strategic infrastructure. Beneficiaries of technical assistance and training— Agriculture. Beneficiaries of technical assistance and training— Agribusiness. Value of agricultural loans to farmers/agribusiness. Connectivity Project ...... $269,212,588 Reduce travel cost and $235,293,663 Average annual daily traffic on the Northern time within the Northern Transnational Highway. Zone, with the rest of Travel time from Guatemala to Honduras through the country, and within the Northern Zone (hours and minutes). the region. Kilometers of roads completed. Productive Development $68,215,522 ...... $63,079,228 Employment created. Project. Investment in productive chains by selected bene- ficiaries. Hectares under production with MCC support. Beneficiaries of technical assistance and training— agriculture. Beneficiaries of technical assistance and training— agribusiness. Amount of Investment Support Fund (FIDENORTE) approved. Value of agricultural loans to farmers/agribusiness. Value of loans guaranteed. Guarantees granted. Program Administration 3 $34,365,368 ...... $25,164,471 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $0 port 4.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Mali Year: 2012 Quarter 3 Total Obligation: $460,811,163
Entity to which the assistance is provided: MCA Mali Total Quarterly Disbursements 1: $33,039,103
Bamako-Senou Airport Im- $170,669,220 ...... $121,796,751 Annual foreign visitors, non-residents. provement Project. Percent of work completed on the airside infrastruc- ture. Percent of work completed on the landside infra- structure. Security and safety deficiencies corrected at the air- port.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Alatona Irrigation Project .. $245,467,572 Increase the agricultural $235,822,867 Cultivation intensity during the dry season (percent). production and produc- Value of agricultural products sold by farmers (mil- tivity in the Alatona lions of francs CFA). zone of the ON. Percent of works completed on Niono-Goma Coura road. hectares under new irrigation. Irrigation system efficiency on Alatona Canal. Percent of contracted irrigation construction works disbursed. Market gardens allocated in Alatona zones to popu- lations affected by the project or New Settler women. Five-hectares farms distributed to new settlers. Rural hectares formalized. Net primary school enrollment rate (in Alatona zone). Functional producer organization. Hectares under production (rainy season). Hectares under production (dry season). Organisation d’exploitation des reseaux secondaires (OERSs) or water user’s associations established. Active MFI clients. Industrial Park Project ...... $2,637,472 Terminated ...... $2,637,472 Program Administration 3 $42,036,897 ...... $31,922,678 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $2,580,408 port 4.
On May 4, 2012, the MCC Board of Directors concurred with the recommendation of MCC to terminate the Mali Compact following the undemo- cratic change of government in the country.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Mongolia Year: 2012 Quarter 3 Total Obligation: $284,911,363
Entity to which the assistance is provided: MCA Mongolia Total Quarterly Disbursements 1: $20,578,613
Property Rights Project ..... $27,802,618 Increase security and $14,469,888 Wells drilled on leaseholds. capitalization of land Legal and regulatory reforms adopted. assets held by lower-in- Stakeholders trained (Peri-Urban and Land Plots). come Mongolians, and Herder groups limiting their livestock population to increased peri-urban the carrying capacity of their leases on semi-in- herder productivity and tensive farms. incomes. Monetary cost to register land (dollars). Buildings Built/Rehabilitated. Urban parcels formalized. Stakeholders trained (Ger Area Land Plots). Leaseholds Awarded. Vocational Education $47,255,637 Increase employment and $34,057,626 Students participating in MCC-supported edu- Project. income among unem- cational facilities. ployed and under- Nongovernmental funding of vocational education employed Mongolians. (percent). Legal, financial and/or policy reforms adopted. Instructors trained or certified through MCC-sup- ported activities. Labor market assessment completed. Educational facilities constructed/rehabilitated or equipped through MCC-supported activities. Amount of contracted construction/rehabilitation/ equipping works disbursed. Health Project ...... $38,823,258 Increase the adoption of $22,615,809 Amount of budget allocated by health center. behaviors that reduce Civil society mobilization. non-communicable dis- Training of health staff by MCA. ease sand injuries Improved services in non-communicable diseases- (NCDIs) among target primary health care (NCD–PHC) facilities (per- populations and im- cent). proved medical treat- Screening for hypertension (percent). ment and control of Awareness of working population related to NCD NCDIs. prevention (percent). Early detections of cervical cancer.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Roads Project ...... $88,440,123 More efficient transport $11,144,797 Kilometers of roads completed. for trade and access to Kilometers of roads under design. services. Percent of contracted roads works disbursed. Energy and Environmental $45,266,205 Increased wealth and pro- $26,300,378 Amount of household savings from decreased fuel Project. ductivity through great- costs. er fuel use efficiency Stoves distributed by MCA. and decreasing health Wind power dispatched from substation (million kilo- costs from air. watt hours). Reduced particulate matter concentration. Rail Project ...... $369,560 Terminated ...... $369,560 Terminated. Program Administration 3 $37,303,959 ...... $20,965.342 and Control, Monitoring and Evaluation. Pending subsequent re- ...... $6,871,906 ports 4.
In late 2009, the MCC Board of Directors approved the allocation of a portion of the funds originally designated for the rail project to the expan- sion of the health, vocational education and property right projects, and the remaining portion to the addition of a road project.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Mozambique Year: 2012 Quarter 3 Total Obligation: $506,924,053
Entity to which the assistance is provided: MCA Mozambique Total Quarterly Disbursements 1: $24,883,975
Water Supply and Sanita- $207,385,393 Increase access to reli- $58,617,571 Percent of urban population with improved water tion Project. able and quality water sources. and sanitation facilities. Value of municipal sanitation and drainage systems construction contracts signed. Amount disbursed for municipal sanitation and drainage construction contracts. Value of contracts signed for construction of water systems. Percent of construction contract disbursed for water systems. Percent of urban population with improved sanita- tion facilities. Percent of rural population with access to improved water sources. Rural water points constructed. Amount disbursed for rural water points construction contracts. Persons trained in hygiene and sanitary best prac- tices. Road Rehabilitation Project $176,307,480 Increase access to pro- $43,519,396 Percent of roads works contracts disbursed. ductive resources and Kilometers of roads issued ‘‘Take-over Certificates’’. markets. Land Tenure Project ...... $39,068,307 Establish efficient, secure $19,501,034 Proposals for improvement to land legislation sub- land access for house- mitted (land policy reform). holds and investors. People trained (paralegal courses at Centre for Ju- ridical and Judicial Training (CFJJ), general train- ing at National Directorate of Land and Forest (DNTF), etc.). Rural hectares mapped in site specific activity. Urban parcels mapped. Rural hectares formalized through site specific activ- ity. Urban parcels formalized. Communities delimited and formalized. Farmer Income Support $18,400,117 Improve coconut produc- $11,590,924 Coconut seedlings planted. Project. tivity and diversification Survival rate of coconut seedlings. into cash crop. Hectares of alternate crops under production. Farmers trained in pest and disease control. Farmers trained in alternative crop production and productivity enhancing strategies. Farmers trained in planting and post-planting man- agement of coconuts. Farmers using alternative crop production and pro- ductivity enhancing strategies. Program Administration 3 $65,762,756 ...... $29,229,784 and Control, Monitoring and Evaluation.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Pending Subsequent Re- ...... $7,031,887 port 4.
Cumulative 2 Projects Obligated Objective disbursements Measures SONYA
Country: Lesotho Year: 2012 Quarter 3 Total Obligation: $362,550,999
Entity to which the assistance is provided: MCA Lesotho Total Quarterly Disbursements1: $21,606,156
Water Project ...... $164,027,999 Improve the water supply $59,854,827 Physical completion of Temolong water treatment for industrial and do- works contract. mestic needs, and en- Physical completion of Urban Water supply works hance rural livelihoods contracts (percent). through improved wa- Feasibility and/or detailed design contracts dis- tershed management. bursed for Urban Water systems. People with access to rural water supply. Ventilated improved pit (VIP) latrines built. Rural Water Supply works contracts disbursed (per- cent). Households with access to improved latrines. Knowledge of good hygiene practices. Households with reliable water services. Enterprises with reliable water services. Health Project ...... $121,377,822 Increase access to life-ex- $70,941,491 People with HIV still alive 12 months after initiation tending ART and es- of treatment. sential health services Tuberculosis notification (per 100,000 people). by providing a sustain- People living with HIV/AIDS receiving antiretroviral able delivery platform. treatment. Deliveries conducted in the health facilities. Diarrhea notification at health centers (per 1,000 people). Physical completion of health center facilities (per- cent). Physical completion of outpatient departments (OPDs) (percent). Physical completion of the Botsabelo facilities (BTS) (percent). Private Sector Develop- $36,470,318 Stimulate investment by $14,152,223 Time required to enforce a contract. ment Project. improving access to Value of commercial cases. credit, reducing trans- Debit/smart cards issued. action costs and in- Value of registered mortgage bonds. creasing the participa- Land parcels regularized and registered. tion of women in the People trained on gender equality and economic economy. rights. Eligible population with ID cards. Percent of population registered in national identi- fication database. Urban land parcels with approved cadastral maps. Stakeholders trained. Enterprises owned by women. Women holding titles to land. Program Administration 3 $40,674,860 ...... $25,684,861 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $3,341,560 port 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Morocco Year: 2012 Quarter 3 Total Obligation: $697,500,000
Entity to which the assistance is provided: MCA Morocco Total Quarterly Disbursements 1: $51,098,739
Fruit Tree Productivity $328,453,084 Reduce volatility of agri- $178,065,797 Farmers trained Project. cultural production and Agribusinesses assisted. increase volume of fruit Hectares under production. agricultural production. Value of olive production in rain-fed areas (dollars/ year). Area in extension perimeters for which water and soil conservation measures have been imple- mented (hectares). Value of olive production in irrigated areas (dollars/ year). Cumulative area of irrigated perimeters rehabilitated (hectares). Length of irrigation canals resurfaced/rehabilitated (meters). Value of date production in targeted oasis areas (dollars/year). Value of agricultural production. Length of irrigation canals constructed/rehabilitated (meters). Small Scale Fisheries $125,174,973 Improve quality of fish $26,651,719 Landing sites and ports rehabilitated. Project. moving through domes- Mobile fish vendors supplied with and using refrig- tic channels and assure erated carriers. the sustainable use of Volume of fish landed at landing sites. fishing resources. Average price of fish at auction markets. Artisan and Fez Medina $94,283,145 Increase value added to $25,791,159 Total receiving literacy training. Project. tourism and artisan Females receiving literacy training. sectors. Total receiving professional training. Females receiving professional training. Gas kilns bought for artisans. Small- and medium-sized enterprise (SME) artisan sales for export. Tourist circuits improved or created. Sites rehabilitated. Training of potters Enterprise Support Project $26,811,445 Improved survival rate of $13,822,606 Survival rate after two years. new SMEs and INDH- Days of individual coaching. funded income gener- Beneficiaries trained. ating activities; in- creased revenue for new SMEs and INDH- funded income gener- ating activities. Financial Services Project $43,700,000 To be determined $27,168,788 Portfolio at risk at 30 days. (‘‘TBD’’). Clients of microcredit associations reached through mobile branches. Active clients. Value of loan disbursements to Jaida. Program Administration 3 $79,077,353 ...... $48,474,119 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $5,847,622 port 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Tanzania Year: 2012 Quarter 3 Total Obligation: $698,135,999
Entity to which the assistance is provided: MCA Tanzania Total Quarterly Disbursements 1: $31,790,382
Energy Sector Project ...... $207,465,542 Increase value added to $99,683,291 Current power customers: Morogoro D1, Morogoro businesses. T1, Morogoro T2 & T3, Tanga D1, Tanga T1, Tanga T2 & T3, Mbeya D1, Mbeya T1, Mbeya T2 & T3, Iringa D1, Iringa T1, Iringa T2 & T3, Dodoma D1, Dodoma T1, Dodoma T2 & T3, Mwanza D1, Mwanza T1 and Mwanza T2 & T3. Collection efficiency (Morogoro). Collection efficiency (Tanga). Collection efficiency (Mbeya). Collection efficiency (Iringa). Collection efficiency (Dodoma). Collection efficiency (Mwanza). Collection efficiency (Zanzibar). Technical and nontechnical losses (Morogoro). Technical and nontechnical losses (Tanga). Technical and nontechnical losses (Mbeya). Technical and nontechnical losses (Iringa). Technical and nontechnical losses (Dodoma). Technical and nontechnical losses (Mwanza). Technical and nontechnical losses (Zanzibar). Transport Sector Project ... $368,847,428 Increase cash crop rev- $165,791,113 Kilometers upgraded/completed: All Mainland road enue and aggregate segments. visitor spending. Percent disbursed on construction works: Tunduma Sumbawanga. Percent disbursed on construction works: Tanga Horohoro. Percent disbursed on construction works: Namtumbo Songea. Percent disbursed on construction works: Peramiho Mbinga. Kilometers upgraded/completed: Pemba. Percent disbursed on construction works: Pemba. Percent disbursed on construction works: Mafia Is- land. Water Sector Project ...... $65,692,145 Increase investment in $30,627,441 Customers (domestic and nondomestic)—Lower human and physical Ruvu Plant. capital and to reduce Customers (domestic and nondomestic)—Morogoro. the prevalence of Volume of water produced—Lower Ruvu (millions of water-related disease. liters per day). Volume of water produced—Morogoro (millions of li- ters per day). Operations and maintenance cost recovery—Lower Ruvu. Operations and maintenance cost recovery— Morogoro. Percent disbursed on construction contract—Lower Ruvu. Percent disbursed on construction contract— Morogoro. Program Administration 3 $56,130,884 ...... $24,549,151 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $99,857 port 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Burkina Faso Year: 2012 Quarter 3 Total Obligation: $478,685,358
Entity to which the assistance is provided: MCA Burkina Faso Total Quarterly Disbursements 1: $18,955,202
Roads Project ...... $194,130,681 Enhance access to mar- $15,227,750 Annual average daily traffic: Dedougou-Nouna. kets through invest- Annual average daily traffic: Nouna-Bomborukuy. ments in the road net- Annual average daily traffic: Bomborukuy-Mali bor- work. der. Kilometers of road under works contract. Kilometers of road under design/feasibility contract. Access time to the closest market via paved roads in the Sourou and Comoe (minutes). Kilometers of road under works contract. Kilometers of road under design/feasibility contract. Personnel trained in procurement, contract manage- ment and financial systems. Periodic road maintenance coverage rate (for all funds) (percent). Rural Land Governance $59,934,615 Increase investment in $14,771,510 Trend in incidence of conflict over land rights re- Project. land and rural produc- ported in the 17 pilot communes (annual percent tivity through improved rate of change in the occurrence of conflicts over land tenure security land rights). and land management. Legal and regulatory reforms adopted. Stakeholders reached by public outreach efforts. Personnel trained. Rural land service offices installed and functioning. Rural hectares formalized. Extent of confidence in land tenure security. Parcels registered in Ganzourou project area. Agriculture Development $141,910,059 Expand the productive $34,891,674 New irrigated perimeters developed in Di (hectares). Project. use of land in order to Value of signed contracts for irrigation systems increase the volume works. and value of agricultural Farmers trained. production in project Agro-sylvo-pastoral groups that receive technical as- zones. sistance. Loans provided by the rural finance facility. Volume of loans intended for agro-sylvo-pastoral borrowers (million francs CFA). Bright II Schools Project ... $26,829,669 Increase primary school $26,582,359 Girls/boys graduating from BRIGHT II primary completion rates. schools. Percent of girls regularly attending (90 percent at- tendance) BRIGHT schools. Girls enrolled in the MCC/USAID-supported BRIGHT schools. Boys enrolled in the MCC/USAID-supported BRIGHT schools. Additional classrooms constructed. Teachers trained through 10 provincial workshops. Program Administration 3 $56,138,545 ...... $28,462,114 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $0 port 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Namibia Year: 2012 Quarter 3 Total Obligation: $304,477,815
Entity to which the assistance is provided: MCA Namibia Total Quarterly Disbursements 1: $13,451,767
Education Project ...... $144,976,558 Improve the quality of the $35,340,885 Students (any level) participating in the 47 schools workforce in Namibia sub-activity. by enhancing the equity Percent of contracted construction works disbursed and effectiveness of for 47 schools. basic. Textbooks delivered. Educators trained to be textbook management train- ers. Educators trained to be textbook utilization trainers. Percent disbursed against works contracts for Re- gional Study Resource Centers Activity (RSRCs). Percent disbursed against construction, rehabilita- tion, and equipment contracts for Community Skills and Development Centres (COSDECS). Tourism Project ...... $66,994,941 Grow the Namibian tour- $11,872,173 Percent of condition precedents and performance ism industry with a targets met for Etosha National Park (ENP) activ- focus on increasing in- ity. come to households in Game translocated with MCA support. communal. Unique visits on Namibia Tourism Board (NTB) Web site. Leisure tourist arrivals. North American tourism businesses (travel agencies and tour operators) that offer Namibian tours or tour packages. Value of grants issued by the conservancy grant fund (Namibian dollars). Amount of private sector investment secured by MCA assisted conservancies (Namibian dollars). Annual gross revenue to conservancies receiving MCA assistance. Agriculture Project ...... $47,835,474 Enhance the health and $15,603,155 Participating households registered in the Commu- marketing efficiency of nity-Based Rangeland and Livestock Management livestock in the NCAs of (CBRLM) sub-activity. Namibia and to in- Cattle tagged with radio frequency identification crease income. (RFID) tags. Percent disbursed against works contracts for State Veterinary Offices. Value of grant agreements signed under Livestock Market Efficiency Fund. Indigenous natural product (INP) producers mobi- lized and trained. Value of grant agreements signed under INP Inno- vation Fund. Program Administration 3 $44,670,841 ...... $17,792,317 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $6,212,840 port 4.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Moldova Year: 2012 Quarter 3 Total Obligation: $262,000,000
Entity to which the assistance is provided: MCA Moldova Total Quarterly Disbursements 1: $3,914,008
Road Rehabilitation Project $132,840,000 Enhance transportation $606,764 Reduced cost for road users. conditions. Average annual daily traffic. Road maintenance expenditure. Kilometers of roads completed. Percent of contracted roads works disbursed. Kilometers of roads under works contracts. Resettlement action plan implemented. Final design. Trafficking in persons (TIP) training participants.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Transition to High Value $101,773,402 Increase incomes in the $11,549,102 Hectares under improved or new irrigation. Agriculture Project. agricultural sector; Cre- Centralized irrigation systems rehabilitated. ate models for transi- Percent of contracted irrigation feasibility and/or de- tion to HVA in CIS sign studies disbursed. areas and an enabling Value of irrigation feasibility and/or detailed design environment (legal, fi- contracts signed. nancial and market) for Water user associations (WUA) achieving financial replication. sustainability. WUA established under new law. Revised water management policy framework—with long-term water rights defined—established. Contracts of association signed. Additionality factor of access to agricultural finance investments. Value of agricultural and rural loans. All loans. All loans (female). High value agriculture (HVA) Post-Harvest Credit Facility launched. HVA Post-Harvest Credit Facility Policies and Pro- cedures Manual (PPM) Finalized. Farmers that have applied improved techniques (Growing High Value Agriculture Sales [GHS]). Farmers that have applied improved techniques (GHS) (female). Farmers trained. Farmers trained (female). Enterprises assisted. Enterprises assisted (female). Program Administration 3 $27,386,598 ...... $3,341,607 and Monitoring and Evaluation. Pending Subsequent Re- ...... $¥292,108 port 4. Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Philippines Year: 2012 Quarter 3 Total Obligation: $432,829,526
Entity to which the assistance is provided: MCA Philippines Total Quarterly Disbursements 1: $9,834,492
Kalahi-CIDSS Project ...... $120,000,000 Improve the responsive- $7,500,655 Percent of Municipal Local Government Units that ness of local govern- provide funding support for Kalahi-CIDSS (KC) ments to community subproject operations and maintenance. needs, encourage com- Completed KC subprojects implemented in compli- munities to engage in ance with technical plans and within schedule and development activities.. budget. Percent of communities with KC subprojects that have sustainability evaluation rating of satisfactory or better. Secondary National Roads $213,412,526 Reduce transportation $9,699,458 Motorized traffic time cost. Development Project. costs and improve ac- Maintenance savings. cess to markets and Kilometers of road sections completed. social services. Value of road construction contracts disbursed. Value of signed road feasibility and design con- tracts. Value of road feasibility and design contracts dis- bursed. Revenue Administration $54,300,000 Increase tax revenues $3,928,373 Audits performed. Reform Project. over time and support Revenue District Offices using the electronic tax in- the Department of Fi- formation system (eTIS). nance’s initiatives to Percent of audit completed in compliance with pre- detect and deter cor- scribed period of 120 days. ruption within its rev- Percent of audit cases performed using automated enue agencies. audit tool (AATs). Successful case resolutions. Personnel charged with graft, corruption, lifestyle and/or criminal cases. Time taken to complete investigation (average). Program Administration 3 $45,117,000 ...... $2,149,258 and Control, Monitoring and Evaluation.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Pending Subsequent Re- ...... $12,074,532 ports 4.
Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Senegal Year: 2012 Quarter 3 Total Obligation: $540,000,000
Entity to which the assistance is provided: MCA Senegal Total Quarterly Disbursements 1: $1,937,680
Road Rehabilitation Project $324,712,499 Expand Access to Mar- $2,067,948 Value of contracts signed for the feasibility, design, kets and Services. supervision and program management of the RN2 and RN6 National Roads. Value of contracts signed for construction of the RN2 and RN6 National Roads. Kilometers of roads rehabilitated on the RN2 Na- tional Road. Annual average daily traffic Richard-Toll—Ndioum. Percent change in travel time on the RN2. International Roughness Index on the RN2 (lower number = smoother road). Kilometers of roads covered by the contract for the studies, the supervision and management of the RN2 National Road. Kilometers of roads rehabilitated on the RN6 Na- tional Road. Annual average daily traffic Ziguinchor—Tanaff. Annual average daily traffic Tanaff—Kolda. Annual average daily traffic Kolda—Kounkane´. Percent change in travel time on the RN6 National Road. International Roughness Index on the RN6 National Road (lower number = smoother road). Kilometers of roads covered by the contract for the studies, the supervision and management of the RN6 National Road. Irrigation and Water Re- $170,008,860 Improve productivity of $416,317 Tons of irrigated rice production. sources Management the agricultural sector. Potentially irrigable lands area (Delta and Project. Ngallenka). Hectares under production. Total value of feasibility, design and environmental study contracts signed for the Delta and the Ngallenka (including resettlement action plans). Cropping intensity (hectares under production per year/cultivable hectares) (Delta and Ngallenka). Hectares mapped to clarify boundaries and land use types. Percent of new conflicts resolved. People trained on land security tools. Program Administration 3 $45,278,641 ...... $6,893,667 and Monitoring and Evaluation. Pending Subsequent Re- ...... $1,413,529 port 4.
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Cumulative 2 Projects Obligated Objective disbursements Measures
Country: Jordan Year: 2012 Quarter 3 Total Obligation: $547,009,000
Entity to which the assistance is provided: MCA Jordan Total Quarterly Disbursements 1: $102,261
Water Network Project ...... $102,570,034 Improve the overall drink- ...... Network water consumption per capita (residential ing water system effi- and non-residential); liters/capita/day. ciency in Jordan’s Operating cost coverage—Water Authority Jordan Zarqa Governorate. Zarqa. Non-revenue water. Continuity of supply time; hours per week. Restructure and rehabilitate primary and secondary pipelines (kilometers). Restructure and rehabilitate tertiary pipelines (kilo- meters). Value disbursed of water construction contracts—In- frastructure Activity and Water Smart Homes Ac- tivity. Wastewater Network $58,224,386 Improve the overall waste ...... Sewer blockage events (annual). Project. water system efficiency Volume of wastewater collected; cubic meters/year/ in Jordan’s Zarqa million. Governorate. Residential population connected to the sewer sys- tem. Expand Network (kilometers). Value disbursed of sanitation construction contracts. As Samra Wastewater $97,521,000 Increase the volume of ...... Treated wastewater used in agriculture (as a per- Treatment Plant Expan- treated waste water cent of all water used for irrigation in Northern sion Project. available as a sub- and Middle Jordan Valley). stitute for fresh water in Value disbursed of construction contracts. agriculture use. Total engineering, procurement and construction (EPC) cost of As-Samra Expansion. Program Administration 3 $19,784,580 ...... $102,261 and Control, Monitoring and Evaluation. Pending subsequent re- ports 4. 1 In this report, due to accounting changes, MCC shows disbursements, which are cash outlays, rather than expenditures. 2 These measures are the same Key Performance Indicators that MCC reports each quarter. The Key Performance Indicators may change over time to more accurately reflect compact implementation progress. The unit for these measures is ‘‘number of’’ unless otherwise specified. 3 Program administration funds are used to pay items such as salaries, rent, and the cost of office equipment. 4 These amounts represent disbursements made that will be allocated to individual projects in the subsequent quarter(s) and reported as such in subsequent quarterly report(s). The following MCC Compacts are closed and, therefore, do not have any quarterly disbursements: Armenia, Cape Verde, Georgia, Honduras, Madagascar, and Vanuatu. 619(b) Transfer or Allocation of Funds United States Agency to which Funds were Transferred or Allocated Amount Description of program or project
None None None
[FR Doc. 2012–25574 Filed 10–16–12; 8:45 am] records disposition authority (records comments on such records schedules, as BILLING CODE 9211–03–P schedules). Once approved by NARA, required by 44 U.S.C. 3303a(a). records schedules provide mandatory DATES: Requests for copies must be instructions on what happens to records received in writing on or before NATIONAL ARCHIVES AND RECORDS when no longer needed for current November 16, 2012. Once the appraisal ADMINISTRATION Government business. They authorize of the records is completed, NARA will the preservation of records of send a copy of the schedule. NARA staff Records Schedules; Availability and continuing value in the National Request for Comments usually prepare appraisal Archives of the United States and the memorandums that contain additional AGENCY: National Archives and Records destruction, after a specified period, of information concerning the records Administration (NARA). records lacking administrative, legal, covered by a proposed schedule. These, ACTION: Notice of availability of research, or other value. Notice is too, may be requested and will be proposed records schedules; request for published for records schedules in provided once the appraisal is comments. which agencies propose to destroy completed. Requesters will be given 30 records not previously authorized for days to submit comments. SUMMARY: The National Archives and disposal or reduce the retention period Records Administration (NARA) of records already authorized for ADDRESSES: You may request a copy of publishes notice at least once monthly disposal. NARA invites public any records schedule identified in this of certain Federal agency requests for notice by contacting Records
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Management Services (ACNR) using one Besides identifying the Federal 1 item, 1 temporary item). Master files of the following means: agencies and any subdivisions of an electronic information system Mail: NARA (ACNR), 8601 Adelphi requesting disposition authority, this containing case files related to domestic Road, College Park, MD 20740–6001. public notice lists the organizational financial assistance. Email: [email protected]. unit(s) accumulating the records or 8. Department of State, Bureau of Fax: 301–837–3698. indicates agency-wide applicability in Information Resource Management Requesters must cite the control the case of schedules that cover records number, which appears in parentheses that may be accumulated throughout an (DAA–0059–2012–0008, 1 item, 1 after the name of the agency which agency. This notice provides the control temporary item). Master files of an submitted the schedule, and must number assigned to each schedule, the electronic information system used to provide a mailing address. Those who total number of schedule items, and the centralize data from other desire appraisal reports should so number of temporary items (the records administrative systems of the indicate in their request. proposed for destruction). It also Department. FOR FURTHER INFORMATION CONTACT: includes a brief description of the 9. Department of Transportation, Margaret Hawkins, Director, Records temporary records. The records Federal Motor Carrier Safety Management Services (ACNR), National schedule itself contains a full Administration (N1–557–11–2, 15 Archives and Records Administration, description of the records at the file unit items, 15 temporary items). Inputs, 8601 Adelphi Road, College Park, MD level as well as their disposition. If outputs, master files, system 20740–6001. Telephone: 301–837–1799. NARA staff has prepared an appraisal documentation of electronic information Email: [email protected]. memorandum for the schedule, it too systems and associated records used to SUPPLEMENTARY INFORMATION: Each year includes information about the records. ensure the physical qualifications of Further information about the Federal agencies create billions of commercial motor vehicle drivers. disposition process is available on records on paper, film, magnetic tape, 10. Department of Transportation, and other media. To control this request. National Highway Traffic Safety accumulation, agency records managers Schedules Pending Administration (N1–416–11–10, 1 item, prepare schedules proposing retention 1. Department of Agriculture, Food 1 temporary item). Master files of an periods for records and submit these Safety and Inspection Service (N1–462– schedules for NARA’s approval, using electronic information system used to 08–2, 1 item, 1 temporary item). Master process rebates. the Standard Form (SF) 115, Request for files of an electronic system used to 11. Consumer Financial Protection Records Disposition Authority. These track food product samples. schedules provide for the timely transfer 2. Department of Defense, Army and Bureau, Agency-wide (N1–587–12–1, 3 into the National Archives of Air Force Exchange Service (N1–334– items, 1 temporary item). Records historically valuable records and 12–1, 1 item, 1 temporary item). Case consist of raw footage of historically authorize the disposal of all other files relating to debts owed by significant videos. Proposed for records after the agency no longer needs individuals including dishonored permanent retention are final videos them to conduct its business. Some checks, liability claims, and bank and scripts. schedules are comprehensive and cover notices. 12. Office of the Director of National all the records of an agency or one of its 3. Department of Health and Human Intelligence, Civil Liberties and Privacy major subdivisions. Most schedules, Services, Centers for Medicare & however, cover records of only one Office (N1–576–11–7, 13 items, 8 Medicaid Services (DAA–0440–2012– temporary items). Records include office or program or a few series of 0015, 1 item, 1 temporary item). records. Many of these update internal briefings, Web site records, Agreement forms used to receive non-substantive drafts and reference previously approved schedules, and reimbursements filed by hospitals who materials. Also included are records some include records proposed as participate in graduate medical related to policy development and permanent. education programs. The schedules listed in this notice are 4. Department of Health and Human complaint files typically covered by the media neutral unless specified Services, Office of the Secretary (DAA– General Records Schedule. Proposed for otherwise. An item in a schedule is 0468–2012–0004, 1 item, 1 temporary permanent retention are compliance and media neutral when the disposition item). Records of the Office of the assessment reports, System of Records instructions may be applied to records Assistant Secretary for Preparedness Notices, community level board records, regardless of the medium in which the and Response, including exercise plans, external speeches, and substantive records are created and maintained. training documents, agendas, situational working papers. Items included in schedules submitted manuals, lessons learned, and after 13. Office of Personnel Management, to NARA on or after December 17, 2007, action reports related to the preparation Human Resource Solutions (DAA– are media neutral unless the item is cycle for emergency public health and 0478–2012–0008, 1 item, 1 temporary limited to a specific medium. (See 36 medical response. item). Application information for CFR 1225.12(e).) 5. Department of Justice, Civil Rights students accepted into a scholarship No Federal records are authorized for Division (DAA–0060–2011–0021, 1 program. destruction without the approval of the item, 1 temporary item). Master files of Archivist of the United States. This an electronic information system used Dated: October 9, 2012. approval is granted only after a to track employee language skills. Laurence Brewer, thorough consideration of their 6. Department of Justice, Federal Director, National Records Management administrative use by the agency of Bureau of Investigation (N1–65–11–42, Program. origin, the rights of the Government and 4 items, 4 temporary items). Records [FR Doc. 2012–25485 Filed 10–16–12; 8:45 am] of private persons directly affected by related to processing and maintaining the Government’s activities, and lab DNA samples. BILLING CODE 7515–01–P whether or not they have historical or 7. Department of State, Bureau of other value. Administration (DAA–0059–2012–0007,
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NATIONAL ARCHIVES AND RECORDS Budget (OMB) and solicitation of public supporting statement, at the NRC’s ADMINISTRATION comment. Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Information Security Oversight Office SUMMARY: The U.S. Nuclear Regulatory Pike, Rockville, Maryland 20852. The Commission (NRC or the Commission) OMB clearance requests are available at National Industrial Security Program invites public comment regarding our the NRC’s Web site: http://www.nrc.gov/ Policy Advisory Committee (NISPPAC) intention to request the OMB’s approval public-involve/doc-comment/omb/. for renewal of an existing information The document will be available on the AGENCY: National Archives and Records collection that is summarized below. Administration. NRC’s home page site for 60 days after We are required to publish this notice the signature date of this notice. ACTION: Notice of meeting. in the Federal Register under the Comments submitted in writing or in provisions of the Paperwork Reduction SUMMARY: In accordance with the electronic form will be made available Act of 1995 (44 U.S.C. Chapter 35). Federal Advisory Committee Act (5 for public inspection. Because your Information pertaining to the comments will not be edited to remove U.S.C. app 2) and implementing requirement to be submitted: regulation 41 CFR 101–6, any identifying or contact information, 1. The title of the information the NRC cautions you against including announcement is made for the following collection: 10 CFR Part 71, Packaging committee meeting to discuss National any information in your submission that and Transportation of Radioactive you do not want to be publicly Industrial Security Program policy Material. matters. disclosed. 2. Current OMB approval number: Comments submitted should DATES: The meeting will be held on 3150–0008. reference Docket No. NRC–2012–0228. November 14, 2012 from 10:00 a.m. to 3. How often the collection is You may submit your comments by any 12:00 p.m. required: On occasion. Application for of the following methods: Electronic ADDRESSES: National Archives and package certification may be made at comments: go to http:// Records Administration, 700 any time. Required reports are collected www.regulations.gov and search for Pennsylvania Avenue NW., Archivist’s and evaluated on a continuous basis as Docket No. NRC–2012–0228. Mail Reception Room, Room 105, events occur. comments to the NRC Clearance Officer, Washington, DC 20408. 4. Who is required or asked to report: Tremaine Donnell (T–5 F53), U.S. All NRC specific licensees who place SUPPLEMENTARY INFORMATION: This Nuclear Regulatory Commission, byproduct, source, or special nuclear meeting will be open to the public. Washington, DC 20555–0001. Questions material into transportation, and all However, due to space limitations and about the information collection persons who wish to apply for NRC access procedures, the name and requirements may be directed to the approval of package designs for use in telephone number of individuals NRC Clearance Officer, Tremaine such transportation. Donnell (T–5 F53), U.S. Nuclear planning to attend must be submitted to 5. The number of annual respondents: the Information Security Oversight Regulatory Commission, Washington, 250. DC 20555–0001, by telephone at 301– Office (ISOO) no later than Friday, 6. The number of hours needed November 9, 2012. ISOO will provide 415–6258, or by email to annually to complete the requirement or [email protected]. additional instructions for gaining request: 59,782 hours (54,208 hrs access to the location of the meeting. reporting + 5,574 recordkeeping). Dated at Rockville, Maryland, this 11th day FOR FURTHER INFORMATION CONTACT: 7. Abstract: NRC regulations in 10 of October, 2012. David O. Best, Senior Program Analyst, CFR Part 71 establish requirements for For the Nuclear Regulatory Commission. ISOO, National Archives Building, 700 packaging, preparation for shipment, Tremaine Donnell, Pennsylvania Avenue NW., Washington, and transportation of licensed material, NRC Clearance Officer, Office of Information DC 20408, telephone number (202) 357– and prescribe procedures, standards, Services. 5123, or at [email protected]. Contact and requirements for approval by NRC [FR Doc. 2012–25489 Filed 10–16–12; 8:45 am] ISOO at [email protected] and the of packaging and shipping procedures BILLING CODE 7590–01–P NISPPAC at [email protected]. for fissile material and for quantities of Dated: October 11, 2012. licensed material in excess of Type A quantities. NUCLEAR REGULATORY Patrice Little Murray, COMMISSION Acting Committee Management Officer. Submit, by December 17, 2012, comments that address the following [FR Doc. 2012–25479 Filed 10–16–12; 8:45 am] [NRC–2012–0242] questions: BILLING CODE 7515–01–P 1. Is the proposed collection of In the Matter of Timothy M. Goold; IA– information necessary for the NRC to 12–014; Confirmatory Order (Effective properly perform its functions? Does the Immediately) NUCLEAR REGULATORY information have practical utility? COMMISSION 2. Is the burden estimate accurate? I [Docket No. NRC–2012–0228] 3. Is there a way to enhance the Mr. Timothy Goold was employed as quality, utility, and clarity of the a radiographer at JANX Integrity Group, Agency Information Collection information to be collected? Inc. (JANX), at a temporary jobsite on Activities: Proposed Collection; 4. How can the burden of the Spy Island, Alaska during July 2011. Comment Request information collection be minimized, JANX is the holder of the U.S. Nuclear including the use of automated Regulatory Commission (NRC or AGENCY: Nuclear Regulatory collection techniques or other forms of Commission’s) Materials License No. Commission. information technology? 21–16560–01 which authorized, at the ACTION: Notice of pending NRC action to The public may examine and have time, specific activities involving submit an information collection copied, for a fee, publicly available byproduct, source, and/or special request to the Office of Management and documents, including the draft nuclear material.
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This Confirmatory Order is the result by a professional mediator, arranged Mr. Goold is prohibited from working of an agreement reached during an through Cornell University’s Institute on for any NRC licensee as an Area alternative dispute resolution (ADR) Conflict Resolution. This confirmatory Supervisor, Radiation Safety Officer, mediation session conducted on August order is issued pursuant to the trainer, or in any other supervisory 24, 2012. agreement reached during the ADR position while in NRC jurisdiction. This process. includes the situation where he works II for an Agreement State licensee III On July 27, 2011, the NRC conducted performing work in NRC jurisdiction an unannounced inspection of JANX’s In response to the NRC’s offer, Mr. under reciprocity. radiographic activities on Spy Island. As Goold requested use of the NRC ADR a result of the inspector’s observations, process to resolve differences he had B. Notifications on October 31, 2011, the NRC’s Office with the NRC. During that ADR session, 1. For a 2-year period from the of Investigations (OI) began an a preliminary settlement agreement or effective date of the Confirmatory Order, investigation at JANX. Based on the an Agreement in Principle was reached. Mr. Goold will notify NRC Region III evidence developed during its As part of the Agreement in Principle, office within 15 days of his acceptance investigation, OI substantiated that 1) the parties agreed to disagree on of any employment with an NRC or Mr. Goold willfully performed whether Mr. Goold engaged in Agreement State licensee. Mr. Goold radiography without a second person deliberate misconduct as discussed in may provide this notification by email present, and (2) Mr. Goold willfully the Order (IA–12–014) issued to Mr. to the attention of the Director, Division impeded the NRC’s inspection by Goold on June 25, 2012. of Nuclear Materials Safety, U.S. avoiding the NRC inspector. In a letter The remaining elements of the Nuclear Regulatory Commission, Region dated March 15, 2012, (ML12076A253) Agreement in Principle consisted of the III at the email address listed in B.2. the NRC informed Mr. Goold that the following: 2. For a 2-year period from the effective date of the Confirmatory Order, NRC was considering escalated A. Work Restrictions enforcement action for two apparent Mr. Goold will notify NRC Region III violations of section 30.10 of Title 10 of 1. Mr. Timothy Goold will not engage office on a weekly basis of where he will the Code of Federal Regulations (CFR), in NRC-licensed activities until the be performing radiography. Mr. Goold the NRC’s deliberate misconduct rule. issuance of the Confirmatory Order. will provide that notification to the NRC The NRC offered Mr. Goold the NRC-licensed activities are those by no later than 1200 hours Eastern opportunity to respond in writing, activities that are conducted pursuant to Time each Sunday for activities request a predecisional enforcement a specific or general license issued by performed the following 7 days. Mr. conference or request ADR with the the NRC, including, but not limited to, Goold may provide this notification by NRC in an attempt to resolve issues those activities of Agreement State email to the attention of the Director, associated with this matter. Mr. Goold licensees conducted pursuant to the Division of Nuclear Materials Safety; provided a written response on April 9, authority granted by 10 CFR 150.20. U.S. Nuclear Regulatory Commission, 2012 (ML12121A669). This means that during the prohibition Region III, email: On June 25, 2012, the NRC issued an period Mr. Goold is prohibited from [email protected]. The email will Order to Mr. Goold based on a review performing, supervising, assisting or contain the name and location of the of all the available information otherwise engaging in (1) industrial radiography site where Mr. Goold including Mr. Goold’s April 9, 2012, radiographic operations in NRC expects to be performing radiography letter and the results of the inspection jurisdiction for an Agreement State and which days he expects to be and OI investigations. The NRC licensee that are conducted under a shooting. If Mr. Goold does not expect concluded that Mr. Goold twice engaged general license pursuant to 10 CFR to be performing radiography during the in deliberate misconduct in violation of 150.20; (2) industrial radiographic week, he will provide notification so 10 CFR 30.10(a)(1). First, Mr. Goold operations for an NRC licensee stating. engaged in deliberate misconduct in including but not limited to, 3. For a 2-year period from the violation of 10 CFR 30.10(a)(1) by radiography conducted under the effective date of the Confirmatory Order, performing radiography without a authority of a license issued pursuant to in order to ensure NRC licensees are second person present causing JANX to 10 CFR Part 34; and (3) any other aware of the limitations on Mr. Goold’s be in violation of 10 CFR 34.41(a). licensed activity in NRC jurisdiction. It NRC licensed activities, Mr. Goold will Second, Mr. Goold again engaged in was mutually agreed that the NRC will provide a copy of the Confirmatory deliberate misconduct in violation of 10 consider that the prohibition period Order to his employers who are either CFR 30.10(a)(1) when he avoided the began when Mr. Goold voluntarily NRC licensees or are Agreement State inspector by leaving when the inspector informed his employer on or about July licensees performing work in the NRC’s tried to question him regarding the 1, 2012, of the terms of the June 25, jurisdiction under reciprocity. whereabouts of the second qualified 2012, Order and ceased performing 4. For a 2-year period from the radiographer, causing JANX to be in licensed activities and that the effective date of the Confirmatory Order violation of 10 CFR 30.52(a). prohibition will continue until the and while performing industrial Subsequent to the issuance of the issuance of the Confirmatory Order. radiographic operations at an NRC or NRC’s June 25, 2012 Order, Mr. Goold 2. For a 2-year period from the Agreement State licensee, Mr. Goold requested to participate in the NRC’s effective the date of the Confirmatory will provide the NRC Region III office a alternate dispute resolution (ADR) Order, Mr. Goold is prohibited from copy of the semi-annual audit report process. ADR is a process in which a engaging in NRC-licensed industrial performed by the licensee under 10 CFR neutral mediator with no decision- radiographic operations unless he is 34.43(e) or under the applicable making authority assists the parties in working under the direct supervision of Agreement State requirement and any reaching an agreement and resolving a radiographer who meets the additional audits that Mr. Goold’s any differences regarding the dispute. requirements of 10 CFR 34.43. employer performs. If the licensee On August 24, 2012, the NRC and Mr. 3. For a 2-year period from the indicates that the inspection results Goold met in an ADR session mediated effective date of the Confirmatory Order, were not documented, then Mr. Goold
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will send in a letter attesting to whom email address in item B.2 above can be are acceptable and necessary and he spoke to in the licensee’s office and used. conclude that with these commitments upon what date, such that the NRC can the public health and safety are C. Training confirm the information. The letter will reasonably assured. In view of the be addressed to the Director of the Mr. Goold has stated that he has foregoing, I have determined that public Division of Nuclear Materials Safety, completed additional training in health and safety require that Mr. 2443 Warrenville Road, Suite 210, Lisle, industrial radiography, radiation safety, Goold’s commitments be confirmed by IL 60532. Alternatively, the email and the corresponding NRC regulations this Order. Based on the above and Mr. address in item B.2 above can be used. in December 2011—January 2012, Goold’s consent, this Confirmatory 5. Mr. Goold recognizes an which will be acknowledged in the Order is immediately effective upon opportunity for other radiographers to Confirmatory Order. Mr. Goold agreed issuance. to provide documentation of the learn from his actions. Mr. Goold will V convey his personal lessons learned training to the NRC Region III from the events by preparing an article. Enforcement/Investigations Officer. If Accordingly, pursuant to Sections 81, Mr. Goold agrees that the article will the training does not meet or exceed 40 161b, 161i, 161o, 182, and 186 of the contain a description of the events of hours of instruction in the subjects Atomic Energy Act of 1954, as amended, July 27, 2011; what he learned from described in 10 CFR 34.43(g), Mr. Goold and the Commission’s regulations in 10 them, including his understanding of agreed to attend additional training that CFR 2.202, IT IS HEREBY ORDERED, why it’s important to have two people would satisfy that level of instruction EFFECTIVE IMMEDIATELY, THAT: present during all radiographic within 180 days of issuance of the A. Work Restrictions Confirmatory Order. operations and why it’s important to 1. For a 2-year period from the cooperate with NRC inspectors; what he D. Rescission of June 25, 2012 NRC effective date of the Confirmatory Order, would do differently in the future; and Order Mr. Goold is prohibited from engaging the consequences of his behavior. Mr. The NRC agrees to rescind the Order in NRC-licensed industrial radiographic Goold will submit the draft article to the previously issued to Mr. Goold on June operations unless he is working under NRC Region III Enforcement/ 25, 2012. The NRC agrees not to pursue the direct supervision of a radiographer Investigations Officer within 120 days of any further enforcement action who meets the requirements of 10 CFR the issuance of the Confirmatory Order concerning the violations described in 34.43. and will submit the final article to a the June 25, 2012 Order. This does not 2. For a 2-year period from the trade publication (such as the American prohibit NRC from taking enforcement effective date of the Confirmatory Order, Society for Nondestructive Testing) for action in accordance with the NRC Mr. Goold is prohibited from working possible publication, after providing 30 Enforcement Policy if Mr. Goold for any NRC licensee as an Area days for NRC comment, and no later commits a similar violation in the future Supervisor, Radiation Safety Officer, than 180 days of the date of the or violates the Confirmatory Order trainer, or in any other supervisory confirmatory order. Within 7 days of stemming from this Agreement in position while in NRC jurisdiction. This Mr. Goold’s submission of the article, Principle. includes the situation where he works Mr. Goold will provide a copy of that for an Agreement State licensee submission to the NRC Region III IV performing work in NRC jurisdiction Director of the Division of Nuclear On August 27, 2012, Mr. Goold under reciprocity. Materials Safety, 2443 Warrenville provided the NRC with training records B. Notifications Road, Suite 210, Lisle, IL 60532. demonstrating that he had successfully Alternatively, the email address in item completed 21.5 hours of instructional 1. For a 2-year period from the B.2 above can be used. The NRC, at its training covering the majority of the effective date of the Confirmatory Order, sole discretion, may also publish the areas in 10 CFR 34.43(g). Therefore, Mr. Goold will notify NRC Region III article in a future Office of Federal and Section V.C of the Order requires that office within 15 days of his acceptance State Materials and Environmental Mr. Goold attend training to satisfy an of any employment with an NRC or Management Programs (FSME) additional 18.5 hours of instruction in Agreement State licensee. Mr. Goold Newsletter. the subjects described in 10 CFR may provide this notification by email 6. Mr. Goold recognizes an 34.43(g), including the requirements of to the attention of the Director, Division opportunity to expand upon his pertinent federal regulations and case of Nuclear Materials Safety; U.S. previous response to the NRC. Mr. histories of accidents in radiography Nuclear Regulatory Commission, Region Goold will provide an expanded within 180 days of issuance of the III at the email address listed in B.2. response which will address in more Confirmatory Order. 2. For a 2-year period from the detail what Mr. Goold has learned from On October 1, 2012, Mr. Goold effective date of the Confirmatory Order, the events of July 27, 2011, including consented to issuing this Order with the Mr. Goold will notify NRC Region III his understanding of why it’s important commitments, as described in Section V office on a weekly basis of where he will to have two people present during all below. Mr. Goold further agreed that be performing radiography. Mr. Goold radiographic operations and why it’s this Order is to be effective upon will provide that notification to the NRC important to cooperate with NRC issuance and that he has waived his by no later than 1200 hours Eastern inspectors; what he would do right to a hearing. Time each Sunday for activities differently in the future; and the Since Mr. Goold has agreed to take performed the following 7 days. Mr. consequences of his behavior. Mr. Goold additional actions to address NRC Goold may provide this notification by will submit this response to the NRC concerns, as set forth in Item III above, email to the attention of the Director, Region III Director of the Division of the NRC has concluded that its concerns Division of Nuclear Materials Safety; Nuclear Materials Safety, 2443 can be resolved through issuance of this U.S. Nuclear Regulatory Commission, Warrenville Road, Suite 210, Lisle, IL Confirmatory Order. Region III, email: 60532 within 180 days of the I find that the Mr. Goold’s [email protected]. The email will Confirmatory Order. Alternatively, the commitments as set forth in Section V contain the name and location of the
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radiography site where Mr. Goold provide a copy of that submission to the All documents filed in NRC expects to be performing radiography NRC Region III Director of the Division adjudicatory proceedings, including a and which days he expects to be of Nuclear Materials Safety, 2443 request for hearing, a petition for leave shooting. If Mr. Goold does not expect Warrenville Road, Suite 210, Lisle, IL, to intervene, any motion or other to be performing radiography during the 60532. Alternatively, the email address document filed in the proceeding prior week, he will provide notification so in item B.2 above can be used. The NRC, to the submission of a request for stating. at its sole discretion, may also publish hearing or petition to intervene, and 3. For a 2-year period from the the article in a future Office of Federal documents filed by interested effective date of the Confirmatory Order, and State Materials and Environmental governmental entities participating in order to ensure NRC licensees are Management Programs (FSME) under 10 CFR 2.315(c), must be filed in aware of the limitations on Mr. Goold’s Newsletter. accordance with the NRC E-Filing rule NRC licensed activities, Mr. Goold will 6. Mr. Goold recognizes an (72 FR 49139; August 28, 2007). The E- provide a copy of the Confirmatory opportunity to expand upon his Filing process requires participants to Order to his employers who are either previous response to the NRC. Mr. submit and serve all adjudicatory NRC licensees or are Agreement State Goold will provide an expanded documents over the internet, or in some licensees performing work in the NRC’s response which will address in more cases to mail copies on electronic jurisdiction under reciprocity. detail what Mr. Goold has learned from storage media. Participants may not 4. For a 2-year period from the the events of July 27, 2011, including submit paper copies of their filings effective date of the Confirmatory Order his understanding of why it’s important unless they seek an exemption in and while performing industrial to have two people present during all accordance with the procedures radiographic operations at an NRC or radiographic operations and why it’s described below. Agreement State licensee, Mr. Goold important to cooperate with NRC To comply with the procedural will provide the NRC Region III office a inspectors; what he would do requirements of E-Filing, at least 10 copy of the semi-annual audit report differently in the future; and the days prior to the filing deadline, the performed by the licensee under 10 CFR consequences of his behavior. Mr. Goold participant should contact the Office of 34.43(e) or under the applicable will submit this response to the NRC the Secretary by email at Agreement State requirement and any Region III Director of the Division of [email protected], or by telephone additional audits that Mr. Goold’s Nuclear Materials Safety, 2443 at 301–415–1677, to (1) request a digital employer performs of Mr. Goold’s Warrenville Road, Suite 210, Lisle, IL, identification (ID) certificate, which activities. If the licensee indicates that 60532 within 180 days of the allows the participant (or its counsel or the audit results were not documented, representative) to digitally sign Confirmatory Order. Alternatively, the then Mr. Goold will send in a letter documents and access the E-Submittal email address in item B.2 above can be attesting to whom he spoke to in the server for any proceeding in which it is used. licensee’s office and upon what date, participating; and (2) advise the such that the NRC can confirm the C. Training Secretary that the participant will be information. The letter will be submitting a request or petition for Mr. Goold will attend training to addressed to the Director of the Division hearing (even in instances in which the satisfy 18.5 hours of instruction in the of Nuclear Materials Safety, 2443 participant, or its counsel or subjects described in 10 CFR 34.43(g), Warrenville Road, Suite 210, Lisle, IL, representative, already holds an NRC- including the requirements of pertinent 60532. Alternatively, the email address issued digital ID certificate). Based upon federal regulations and case histories of in item B.2 above can be used. this information, the Secretary will accidents in radiography within 180 5. Mr. Goold recognizes an establish an electronic docket for the opportunity for other radiographers to days of issuance of the Confirmatory hearing in this proceeding if the learn from his actions. Mr. Goold will Order. Secretary has not already established an convey his personal lessons learned Upon issuance of this Confirmatory electronic docket. from the events by preparing an article. Order, the Order Prohibiting Information about applying for a Mr. Goold agrees that the article will Involvement in NRC-Licensed digital ID certificate is available on contain a description of the events of Activities, IA–12–014, dated June 25, NRC’s public Web site at http:// July 27, 2011; what he learned from 2012, is rescinded. www.nrc.gov/site-help/e-submittals/ them, including his understanding of The Regional Administrator, NRC apply-certificates.html. System why it’s important to have two people Region III, may, in writing, relax or requirements for accessing the E- present during all radiographic rescind any of the above conditions Submittal server are detailed in NRC’s operations and why it’s important to upon demonstration by Mr. Goold of ‘‘Guidance for Electronic Submission,’’ cooperate with NRC inspectors; what he good cause. which is available on the agency’s would do differently in the future; and VI public Web site at http://www.nrc.gov/ the consequences of his behavior. Mr. site-help/e-submittals.html. Participants Goold will submit the draft article to the Any person adversely affected by this may attempt to use other software not NRC Region III Enforcement/ Confirmatory Order, other than Mr. listed on the Web site, but should note Investigations Officer within 120 days of Goold, may request a hearing within 20 that the NRC’s E-Filing system does not the issuance of the Confirmatory Order days of its publication in the Federal support unlisted software, and the NRC and will submit the final article to a Register. Where good cause is shown, Meta System Help Desk will not be able trade publication (such as the American consideration will be given to extending to offer assistance in using unlisted Society for Nondestructive Testing) for the time to request a hearing. A request software. possible publication, after providing 30 for extension of time must be made in If a participant is electronically days for NRC comment, and no later writing to the Director, Office of submitting a document to the NRC in than 180 days of the date of the Enforcement, U.S. Nuclear Regulatory accordance with the E-Filing rule, the confirmatory order. Within 7 days of Commission, Washington, DC 20555– participant must file the document Mr. Goold’s submission of the article to 0001, and include a statement of good using the NRC’s online, Web-based a trade publication, Mr. Goold will cause for the extension. submission form. In order to serve
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documents through the Electronic Office of the Secretary of the without further order or proceedings. If Information Exchange System, users Commission, U.S. Nuclear Regulatory an extension of time for requesting a will be required to install a Web Commission, Washington, DC 20555– hearing has been approved, the browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and provisions specified in Section V shall site. Further information on the Web- Adjudications Staff; or (2) courier, be final when the extension expires if a based submission form, including the express mail, or expedited delivery hearing request has not been received. installation of the Web browser plug-in, service to the Office of the Secretary, A REQUEST FOR HEARING SHALL is available on the NRC’s public Web Sixteenth Floor, One White Flint North, NOT STAY THE IMMEDIATE site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, EFFECTIVENESS OF THIS ORDER. submittals.html. Maryland 20852, Attention: Rulemaking For the Nuclear Regulatory Commission. Once a participant has obtained a and Adjudications Staff. Participants digital ID certificate and a docket has Dated at Rockville, MD, this 10th day of filing a document in this manner are October 2012. been created, the participant can then responsible for serving the document on Roy P. Zimmerman, submit a request for hearing or petition all other participants. Filing is for leave to intervene. Submissions considered complete by first-class mail Director, Office of Enforcement. should be in Portable Document Format as of the time of deposit in the mail, or [FR Doc. 2012–25538 Filed 10–16–12; 8:45 am] (PDF) in accordance with the NRC’s by courier, express mail, or expedited BILLING CODE 7590–01–P guidance available on the NRC’s public delivery service upon depositing the Web site at http://www.nrc.gov/site- document with the provider of the help/e-submittals.html. A filing is service. A presiding officer, having NUCLEAR REGULATORY considered complete at the time the granted an exemption request from COMMISSION documents are submitted through the using E-Filing, may require a participant [Docket Nos. 50–30 and 50–185; NRC–2012– NRC’s E-Filing system. To be timely, an or party to use E-Filing if the presiding 0243] electronic filing must be submitted to officer subsequently determines that the the E-Filing system no later than 11:59 reason for granting the exemption from Notice of License Terminations for p.m. Eastern Time on the due date. use of E-Filing no longer exists. National Aeronautics and Space Upon receipt of a transmission, the E- Documents submitted in adjudicatory Administration; Plum Brook Reactor Filing system time-stamps the document proceedings will appear in NRC’s and Plum Brook Mock-Up Reactor and sends the submitter an email notice electronic hearing docket which is confirming receipt of the document. The available to the public at http:// The U.S. Nuclear Regulatory E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded Commission (NRC or the Commission) notice that provides access to the pursuant to an order of the Commission, is noticing the termination of the document to the NRC’s Office of the or the presiding officer. Participants are National Aeronautic and Space General Counsel and any others who requested not to include personal Administration (NASA) Facility License have advised the Office of the Secretary privacy information, such as social Nos.TR–3 and R–93 for the Plum Brook that they wish to participate in the security numbers, home addresses, or Reactor Facility (PBRF) near Sandusky, proceeding, so that the filer need not home phone numbers in their filings, Ohio. serve the documents on those unless an NRC regulation or other law The NRC has terminated the two participants separately. Therefore, requires submission of such licenses for the decommissioned NASA applicants and other participants (or information. With respect to PBRF reactors and has released the site their counsel or representative) must copyrighted works, except for limited for unrestricted use. The licensee apply for and receive a digital ID excerpts that serve the purpose of the requested termination of the licenses in certificate before a hearing request/ adjudicatory filings and would a letter to the NRC dated September 18, petition to intervene is filed so that they constitute a Fair Use application, 2012 (Agencywide Documents Access can obtain access to the document via participants are requested not to include and Management System (ADAMS) the E-Filing system. copyrighted materials in their Accession Number ML12268A326). The A person filing electronically using submission. Plum Brook Reactor was a 60-megawatt the agency’s adjudicatory E-Filing If a person (other than Mr. Goold) materials test reactor, constructed to system may seek assistance by requests a hearing, that person shall set perform irradiation testing of fueled and contacting the NRC Meta System Help forth with particularity the manner in unfueled experiments for space program Desk through the ‘‘Contact Us’’ link which his interest is adversely affected applications. The Plum Brook Mock-up located on the NRC’s Web site at by this Confirmatory Order and shall Reactor was a 100-kilowatt swimming- http://www.nrc.gov/site-help/e- address the criteria set forth in 10 CFR pool type reactor constructed to test submittals.html, by email at 2.309(d) and (f). ‘‘mock-up’’ irradiation components for [email protected], or by a toll- If a hearing is requested by a person the Plum Brook Reactor. The reactors free call at 1–866–672–7640. The NRC whose interest is adversely affected, the operated from 1961 to 1973. In 1973, the Meta System Help Desk is available Commission will issue an order PBRF reactors were shutdown. between 8 a.m. and 8 p.m., Eastern designating the time and place of any The licensee submitted a proposed Time, Monday through Friday, hearing. If a hearing is held, the issue to decommissioning plan to the NRC for excluding government holidays. be considered at such hearing shall be review and approval in a letter dated Participants who believe that they whether this Confirmatory Order should December 20, 1999 (ADAMS Accession have a good cause for not submitting be sustained. Numbers ML993630054 and documents electronically must file an In the absence of any request for ML993630075). A notice and exemption request, in accordance with hearing, or written approval of an solicitation of comments under sections 10 CFR 2.302(g), with their initial paper extension of time in which to request a 20.1405 and 50.82(b)(5) of Title 10 of filing requesting authorization to hearing, the provisions specified in the Code of Federal Regulations (10 continue to submit documents in paper Section V above shall be final 20 days CFR), concerning the proposed action to format. Such filings must be submitted from the date this Confirmatory Order is decommission the NASA PBRF, by: (1) First class mail addressed to the published in the Federal Register appeared in the Federal Register (65 FR
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12040; March 7, 2000). Prior to issuance decommissioning plan and that the Filing Online system at http:// of the amendments, the Commission terminal radiation survey and associated www.prc.gov. Commenters who cannot published an Environmental documentation demonstrate that the submit their views electronically should Assessment and Finding of No facility and site may be released in contact the person identified in FOR Significant Impact concerning this accordance with the criteria in the NRC- FURTHER INFORMATION CONTACT by action in the Federal Register (65 FR approved decommissioning plan. telephone for advice on alternatives to 16421; March 28, 2000). On March 20, Further, on the basis of the electronic filing. 2002, the NRC approved the decommissioning activities carried out FOR FURTHER INFORMATION CONTACT: decommissioning plan by Amendment by NASA, the NRC’s review of the Stephen L. Sharfman, General Counsel No. 11 to License TR–3 and Amendment licensee’s FSSR, and the results of the at 202–789–6820. No. 7 to License No. R–93 (ADAMS NRC inspections conducted at the PBRF SUPPLEMENTARY INFORMATION: Accession Number ML020390069). and the NRC confirmatory surveys, the In 2007, the licensee submitted a NRC has concluded that the Table of Contents revised Final Status Survey Plan and a decommissioning process is complete I. Introduction request for amendment to the licenses and the facility and site may be released II. Notice of Filings incorporating this plan prior to for unrestricted use. Therefore, Facility III. Ordering Paragraphs performing final radiation surveys Licenses Nos. TR–3 and R–93 are (ADAMS Accession Numbers terminated. I. Introduction ML070450166, ML070450170 and For further details with respect to this In accordance with 39 U.S.C. 3642 ML070450171). The NRC published a action, see licensee’s request for license and 39 CFR 3020.30 et seq., the Postal ‘‘Notice of Consideration of Issuance of termination dated September 18, 2012. Service filed a formal request and Amendment to Facility Operating The above referenced documents may associated supporting information to Licenses, Proposed No Significant be examined, and/or copied for a fee, at add Express Mail & Priority Mail Hazards Consideration Determination, the NRC’s Public Document Room (PDR) Contract 11 to the competitive product and Opportunity for a Hearing’’ for the at One White Flint North, 11555 list.1 The Postal Service asserts that PBRF in the Federal Register (72 FR Rockville Pike (first floor), Rockville, Express Mail & Priority Mail Contract 11 46521; August 20, 2007). On March 24, Maryland 20852. Publicly available is a competitive product ‘‘not of general 2008, the NRC approved the revised records for the NASA PBRF dated after applicability’’ within the meaning of 39 Final Status Survey Plan by License January 30, 2000, will be available U.S.C. 3632(b)(3). Request at 1. The Amendment No. 13 to License TR–3 and online in the NRC Library in ADAMS at Request has been assigned Docket No. Amendment No. 9 to License R–93 http://www.nrc.gov/reading-rm/ MC2013–1. (ADAMS Accession Number adams.html. Persons who do not have The Postal Service ML073020311). Following the issuance access to ADAMS or who have problems contemporaneously filed a redacted of the license amendments, the licensee in accessing the documents in ADAMS contract related to the proposed new revised the decommissioning plan should call the NRC’s PDR Reference product under 39 U.S.C. 3632(b)(3) and (ADAMS Accession Number staff at 1–800–397–4209 or 301–415– 39 CFR 3015.5. Id. Attachment B. The ML082070086) to reflect the approval of 4737 or email [email protected]. instant contract has been assigned the revised Final Status Survey Plan. Dated at Rockville, Maryland, this 10th day Docket No. CP2013–1. The licensee completed final status of October 2012. Request. To support its Request, the surveys and documented the survey For the Nuclear Regulatory Commission. Postal Service filed six attachments as results in the Final Status Survey Report Lydia Chang, follows: (FSSR). The FSSR consists of one • Acting Deputy Director, Decommissioning Attachment A—a redacted copy of summary report and eighteen and Uranium Recovery Licensing Directorate, Governors’ Decision No. 11–6, attachments each documenting final Division of Waste Management and authorizing the new product; status survey results for different areas Environmental Protection, Office of Federal • Attachment B—a redacted copy of of the facility. The FSSR documented and State Materials and Environmental the contract; the level of residual radioactivity Programs. • Attachment C—proposed changes remaining at the facility. The licensee [FR Doc. 2012–25537 Filed 10–16–12; 8:45 am] to the Mail Classification Schedule stated that radiological remediation of BILLING CODE 7590–01–P competitive product list with the all areas of the PBRF has been addition underlined; completed and the facility meets the • Attachment D—a Statement of criteria for unrestricted release specified POSTAL REGULATORY COMMISSION Supporting Justification as required by in 10 CFR 20.1402. The NRC completed 39 CFR 3020.32; its review of the FSSR, and the NRC [Docket Nos. MC2013–1 and CP2013–1; • Attachment E—a certification of staff verified that the criteria in the Order No. 1492] compliance with 39 U.S.C. 3633(a); and approved decommissioning plan has • Attachment F—an application for New Postal Product; Negotiated been met and determined that the non-public treatment of materials to Service Agreement facility and site met the criteria in 10 maintain redacted portions of the CFR 20.1402 for unrestricted use. The AGENCY: Postal Regulatory Commission. contract and related financial NRC review was documented in a ACTION: Notice. information under seal. Technical Evaluation Report and In the Statement of Supporting included in its response (ADAMS SUMMARY: The Commission is noticing a Justification, Dennis R. Nicoski, Accession Number ML12223A244) to recently-filed Postal Service request to Manager, Field Sales Strategy and the licensee’s request for termination of add Express Mail & Priority Mail licenses. Contract 11 to the competitive product 1 Request of the United States Postal Service to Pursuant to 10 CFR 50.82(b)(6), the list. This notice addresses procedural Add Express Mail & Priority Mail Contract 11 to steps associated with this filing. Competitive Product List and Notice of Filing NRC staff has concluded that the PBRF (Under Seal) of Unredacted Governors’ Decision, has been decommissioned in ADDRESSES: Submit comments Contract, and Supporting Data, October 10, 2012 accordance with the approved electronically via the Commission’s (Request).
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Contracts, asserts that the contract will consider the matters raised in each competitive product list.1 The Postal cover its attributable costs, make a docket. Service asserts that Priority Mail positive contribution to covering 2. Pursuant to 39 U.S.C. 505, Natalie Contract 44 is a competitive product institutional costs, and increase R. Ward is appointed to serve as an ‘‘not of general applicability’’ within the contribution toward the requisite 5.5 officer of the Commission (Public meaning of 39 U.S.C. 3632(b)(3). percent of the Postal Service’s total Representative) to represent the Request at 1. The Request has been institutional costs. Id. Attachment D at interests of the general public in these assigned Docket No. MC2013–2. 1. Mr. Nicoski contends that there will proceedings. The Postal Service be no issue of market dominant 3. Comments by interested persons in contemporaneously filed a redacted products subsidizing competitive these proceedings are due no later than contract related to the proposed new products as a result of this contract. Id. October 18, 2012. product under 39 U.S.C. 3632(b)(3) and Related contract. The Postal Service 4. The Secretary shall arrange for 39 CFR 3015.5. Id. Attachment B. The included a redacted version of the publication of this order in the Federal instant contract has been assigned related contract with the Request. Id. Register. Docket No. CP2013–2. Attachment B. The contract is Request. To support its Request, the scheduled to become effective on the By the Commission. Postal Service filed six attachments as day following the date that the Ruth Ann Abrams, follows: Commission issues all regulatory Acting Secretary. • Attachment A—a redacted copy of approvals. Id. at 10. The contract will [FR Doc. 2012–25432 Filed 10–16–12; 8:45 am] Governors’ Decision No. 11–6, expire 3 years from the effective date, BILLING CODE 7710–FW–P authorizing the new product; unless, among other things, either party • Attachment B—a redacted copy of terminates the agreement with 30 days’ the contract; written notice to the other party. Id. at POSTAL REGULATORY COMMISSION • Attachment C—proposed changes 11. The Postal Service represents that to the Mail Classification Schedule the contract is consistent with 39 U.S.C. [Docket Nos. MC2013–2 and CP2013–2; competitive product list with the 3633(a). Id. Attachment D. Order No. 1493] addition underlined; The Postal Service filed much of the • Attachment D—a Statement of supporting materials, including the New Postal Product; Negotiated Supporting Justification as required by related contract, under seal. Id. Service Agreement 39 CFR 3020.32; Attachment F. It maintains that the • Attachment E—a certification of AGENCY: Postal Regulatory Commission. redacted portions of the contract, compliance with 39 U.S.C. 3633(a); and customer-identifying information, and ACTION: Notice. • Attachment F—an application for related financial information should non-public treatment of materials to remain confidential. Id. at 3. This SUMMARY: The Commission is establishing a docket to consider the maintain redacted portions of the information includes the price structure, contract and related financial underlying costs and assumptions, Postal Service’s request to add Priority Mail Contract 44 to the competitive information under seal. pricing formulas, information relevant In the Statement of Supporting to the customer’s mailing profile, and product list. This notice provides public notice of the Postal Service’s filing, Justification, Dennis R. Nicoski, cost coverage projections. Id. The Postal Manager, Field Sales Strategy and Service asks the Commission to protect invites public comment, and takes other administrative steps. Contracts, asserts that the contract will customer-identifying information from cover its attributable costs, make a public disclosure indefinitely. Id. at 7. DATES: Comments are due: October 18, positive contribution to covering 2012. II. Notice of Filings institutional costs, and increase ADDRESSES: Submit comments contribution toward the requisite 5.5 The Commission establishes Docket electronically via the Commission’s percent of the Postal Service’s total Nos. MC2013–1 and CP2013–1 to Filing Online system at institutional costs. Id. Attachment D at consider the Request pertaining to the http:www.prc.gov. Commenters who 1. Mr. Nicoski contends that there will proposed Express Mail & Priority Mail cannot submit their views electronically be no issue of market dominant Contract 11 product and the related should contact the person identified in products subsidizing competitive contract, respectively. the FOR FURTHER INFORMATION CONTACT products as a result of this contract. Id. Interested persons may submit portion of the preamble for advice on Related contract. The Postal Service comments on whether the Postal alternatives to electronic filing. included a redacted version of the Service’s filings in the captioned FOR FURTHER INFORMATION CONTACT: related contract with the Request. Id. dockets are consistent with the policies Stephen L. Sharfman, General Counsel, Attachment B. The contract is of 39 U.S.C. 3632, 3633, or 3642, 39 CFR scheduled to become effective on the 3015.5, and 39 CFR part 3020, subpart at 202–789–6824. SUPPLEMENTARY INFORMATION: day following the date that the B. Comments are due no later than Commission issues all regulatory October 18, 2012. The public portions of Table of Contents approvals. Id. at 2. The contract will these filings can be accessed via the expire 3 years from the effective date, Commission’s Web site (http:// I. Introduction II. Notice of Filings unless, among other things, either party www.prc.gov). terminates the agreement with 30 days’ The Commission appoints Natalie R. III. Ordering Paragraphs written notice to the other party. Id. The Ward to serve as Public Representative I. Introduction Postal Service represents that the in these dockets. In accordance with 39 U.S.C. 3642 III. Ordering Paragraphs and 39 CFR 3020.30 et seq., the Postal 1 Request of the United States Postal Service to Service filed a formal request and Add Priority Mail Contract 44 to Competitive It is ordered: Product List and Notice of Filing (Under Seal) of 1. The Commission establishes Docket associated supporting information to Unredacted Governors’ Decision, Contract, and Nos. MC2013–1 and CP2013–1 to add Priority Mail Contract 44 to the Supporting Data, October 10, 2012 (Request).
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contract is consistent with 39 U.S.C. SECURITIES AND EXCHANGE The Exchange has prepared summaries, 3633(a). Id. Attachment D. COMMISSION set forth in sections A, B, and C below, of the most significant parts of such The Postal Service filed much of the [Release No. 34–68036; File No. SR– supporting materials, including the NYSEMKT–2012–50] statements. related contract, under seal. Id. A. Self-Regulatory Organization’s Attachment F. It maintains that the Self-Regulatory Organizations; NYSE Statement of the Purpose of, and the redacted portions of the contract, MKT LLC; Notice of Filing and Statutory Basis for, the Proposed Rule customer-identifying information, and Immediate Effectiveness of Proposed Change related financial information should Rule Change Amending the NYSE 1. Purpose remain confidential. Id. at 3. This Amex Options Fee Schedule Relating information includes the price structure, to Criteria for Rebates to Order Flow The Exchange proposes to amend the underlying costs and assumptions, Providers Fee Schedule to establish criteria for OFPs to earn rebates based on the ADV pricing formulas, information relevant October 11, 2012. to the customer’s mailing profile, and 1 of Customer electronic equity and ETF Pursuant to Section 19(b)(1) of the contracts executed by an OFP on the cost coverage projections. Id. The Postal Securities Exchange Act of 1934 (the Service asks the Commission to protect 2 3 Exchange. The Exchange proposes to ‘‘Act’’), and Rule 19b–4 thereunder, implement these changes on October 1, customer-identifying information from notice is hereby given that on public disclosure indefinitely. Id. at 7. 2012. September 28, 2012, NYSE MKT LLC The Exchange proposes to establish a II. Notice of Filings (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed rebate for OFPs based on the ADV of with the Securities and Exchange Customer electronic equity and ETF The Commission establishes Docket Commission (the ‘‘Commission’’) the contracts executed by an OFP on the Nos. MC2013–2 and CP2013–2 to proposed rule change as described in Exchange (the ‘‘Tiers’’) relative to the consider the Request pertaining to the Items I, II, and III below, which Items overall Total Industry Customer equity proposed Priority Mail Contract 44 have been prepared by the self- and ETF option ADV.6 In order to be product and the related contract, regulatory organization. The eligible for the rebate, certain criteria respectively. Commission is publishing this notice to must be met. Once all of the criteria Interested persons may submit solicit comments on the proposed rule have been met, the highest rebate earned comments on whether the Postal change from interested persons. will apply to all eligible volume for the Service’s filings in the captioned I. Self-Regulatory Organization’s particular month for the particular OFP. dockets are consistent with the policies Statement of the Terms of Substance of The criteria will be detailed in new of 39 U.S.C. 3632, 3633, or 3642, 39 CFR the Proposed Rule Change endnote 17 to the Fee Schedule. 3015.5, and 39 CFR part 3020, subpart The first criterion is that an OFP must B. Comments are due no later than The Exchange proposes to amend the execute Customer electronic equity and October 18, 2012. The public portions of NYSE Amex Options Fee Schedule (the ETF option volume on the Exchange ‘‘Fee Schedule’’) to establish criteria for these filings can be accessed via the 4 that is equal to or greater than the Commission’s Web site (http:// Order Flow Providers (‘‘OFPs’’) to earn percentage of Total Industry Customer www.prc.gov). rebates based on the average daily equity and ETF option ADV shown in volume (‘‘ADV’’) of Customer 5 The Commission appoints Natalie R. the table below (e.g., 2.7% of Total electronic equity and exchange-traded Industry Customer equity and ETF Ward to serve as Public Representative fund (‘‘ETF’’) contracts executed by an in these dockets. option ADV for the lowest tier). OFP on the Exchange. The text of the However, no rebate would be paid on III. Ordering Paragraphs proposed rule change is available on the Customer electronic equity and ETF Exchange’s Web site at www.nyse.com, option volume that is less than 120,000 It is ordered: at the principal office of the Exchange, ADV; thus, in a month where the Total 1. The Commission establishes Docket and at the Commission’s Public Industry Customer equity and ETF Nos. MC2013–2 and CP2013–2 to Reference Room. option ADV as a whole drops consider the matters raised in each II. Self-Regulatory Organization’s substantially, it is possible that no docket. Statement of the Purpose of, and rebates will be paid. 2. Pursuant to 39 U.S.C. 505, Natalie Statutory Basis for, the Proposed Rule Volume from executions of Qualified 7 R. Ward is appointed to serve as an Change Contingent Cross (‘‘QCC’’) Orders, officer of the Commission (Public In its filing with the Commission, the 6 Total Industry Customer equity and ETF option Representative) to represent the self-regulatory organization included ADV would be that which is reported for the month interests of the general public in these statements concerning the purpose of by OCC in the month in which the rebates may proceedings. and basis for the proposed rule change apply. For example, October 2012 Total Industry and discussed any comments it received Customer equity and ETF option ADV will be used 3. Comments by interested persons in in determining what, if any, rebate an OFP may be these proceedings are due no later than on the proposed rule change. The text eligible for based on the Customer electronic equity October 18, 2012. of those statements may be examined at and ETF option ADV it transacts on the Exchange the places specified in Item IV below. in October 2012. Total Industry Customer equity 4. The Secretary shall arrange for and ETF option ADV is comprised of those equity publication of this order in the Federal and ETF option contracts that clear in the customer 1 15 U.S.C. 78s(b)(1). Register. account type at OCC and does not include contracts 2 15 U.S.C. 78a. that clear in either the firm or market maker By the Commission. 3 17 CFR 240.19b–4. account type at OCC or contracts overlying a 4 An OFP is any ATP Holder that submits, as security other than an equity and ETF security. Ruth Ann Abrams, agent, orders to the Exchange. See Rule 7 A QCC Order is comprised of an order to buy Acting Secretary. 900.2NY(57). or sell at least 1,000 contracts that is identified as 5 [FR Doc. 2012–25431 Filed 10–16–12; 8:45 am] The term ‘‘Customer’’ means an individual or being part of a qualified contingent trade, as that organization that is not a broker-dealer. See Rule term is defined in Commentary .01 to Rule BILLING CODE 7710–FW–P 900.2NY(18). 900.3NY, coupled with a contra-side order to buy
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Strategy Executions 8 and orders that are count toward the 120,000 Customer specifically result from posting orders to routed to one or more exchanges in electronic equity and ETF option ADV the Exchange’s Consolidated Order connection with the Options Order minimum, but would count toward any Book (also known as ‘‘making’’ Protection and Locked/Crossed Market of the Customer electronic equity and liquidity). In calculating the 200,000 Plan referenced in Rule 991NY (‘‘routed ETF option ADV Tiers. Volume Customer electronic equity and ETF orders’’ for purposes of this proposed attributable to the execution of QCC option ADV posting requirement, the rebate) would not count toward either Orders, Strategy Executions, Customer Exchange would exclude volume the 120,000 Customer electronic equity Electronic Complex Orders or routed attributable to QCC Orders, Strategy 9 and ETF option ADV minimum or any orders would not receive a rebate. Executions, Electronic Customer The second criterion that must be met of the proposed Customer electronic Complex Orders and routed orders. in order for an OFP to qualify for the equity and ETF option ADV Tiers. rebate is that an OFP must execute an The proposed volume tiers and the Volume from executions of Customer ADV of at least 200,000 Customer corresponding per contract rebate would Electronic Complex Orders would not electronic equity and ETF contracts that be as follows:
Rebate per contract for all cus- tomer electronic equity and ETF option volume over Customer electronic equity and ETF option ADV tiers 120,000 ADV (excludes vol- ume from QCC Orders, Strat- egy Executions, Complex Or- ders, and routed orders)
at least 2.7% of Total Industry Customer equity and ETF option ADV ...... $0.07 at least 3.6% of Total Industry Customer equity and ETF option ADV ...... 0.08 at least 4.4% of Total Industry Customer equity and ETF option ADV ...... 0.09
2. Statutory Basis OFPs to submit Customer electronic The Exchange believes that the The Exchange believes that the equity and ETF option orders to the proposal to exclude volume attributable proposed rule change is consistent with Exchange and would result in a rebate to QCC Orders, Strategy Executions, Section 6(b) of the Securities Exchange that is reasonably related to an Customer Electronic Complex Orders Act of 1934 (the ‘‘Act’’),10 in general, exchange’s market quality that is and routed orders from receiving the and furthers the objectives of Section associated with higher volumes. The rebate is reasonable, equitable and not 6(b)(4) of the Act,11 in particular, Exchange also believes that proposed unfairly discriminatory for the following because it provides for the equitable thresholds for the tiers are reasonable reasons. First, because all OFPs are allocation of reasonable dues, fees, and because they will reward OFPs with a treated equally in this regard, it is not other charges among its members and greater rebate when they bring a larger unfairly discriminatory. Second, it is issuers and other persons using its number of equity and ETF orders to the reasonable and equitable to exclude facilities and does not unfairly Exchange. Moreover, the Exchange these volumes from receiving the rebate discriminate between customers, believes that the proposed rebate is because QCC Orders and Customer issuers, brokers or dealers. equitable and not unfairly Electronic Complex Orders already are discriminatory because it will be The proposal to establish a tiered eligible to receive separate rebates.14 It rebate for OFPs that execute the available to all OFPs that execute is reasonable and equitable to exclude requisite ADV of Customer electronic Customer electronic equity and ETF equity and ETF contracts on the option orders on the Exchange on an Strategy Executions because these Exchange is reasonable because it is equal and non-discriminatory basis. The transactions are already offered at a designed to attract additional Customer Exchange also believes that the discounted rate of $750 per day and electronic equity and ETF volume to the proposed rebate is not new or novel. further capped at $25,000 per month per Exchange, which would benefit all Instead, the Exchange understands that initiating firm. Additionally, it is participants by offering greater price at least two other option exchanges reasonable and equitable to exclude discovery, increased transparency and currently offer a rebate specifically for routed orders because the Exchange an increased opportunity to trade on the Customer volume.12 Further, the often incurs a charge for routing Exchange. Additionally, the Exchange amount of the proposed per contract Customer orders to away markets. believes that the proposed rebate is rebate is within the range of similar Accordingly, excluding these volumes is reasonable because it would incentivize rebates on other exchanges.13 both reasonable and equitable.
or sell an equal number of contracts. See Rule 10 15 U.S.C. 78f(b). nasdaqomxphlx.cchwallstreet.com/ 900.3NY(y). 11 15 U.S.C. 78f(b)(4). NASDAQOMXPHLXTools/PlatformViewer.asp? 8 Strategy Executions are defined in endnote 8 of 12 For example, the Chicago Board Options selectednode=chp%5F1%5F4%5F1&manual=%2 the Fee Schedule. Exchange (‘‘CBOE’’) has a Volume Incentive Fnasdaqomxphlx%2Fphlx%2Fphlx%2 9 The Exchange notes that both QCC Orders and Program that pays order flow providers on CBOE a Drulesbrd%2F. Customer Electronic Complex Orders are currently tiered rebate, from $0.00 to $0.20 per contract, 13 See id. eligible to earn rebates and that Strategy Executions based on the number of Customer contracts per day are capped on both a per trade and a monthly basis. that execute electronically on the exchange. This is 14 The Exchange makes a rebate available to Floor Additionally, the Exchange notes that in complying described on page 3 of the CBOE fee schedule dated Brokers for the execution of QCC Orders as well as with the requirements of the Options Order September 18, 2012, available at http://www.cboe. a rebate available to OFPs for the execution of Protection and Locked/Crossed Market Plan com/publish/feeschedule/CBOEFeeSchedule.pdf. Customer Electronic Complex Orders, as described referenced in Rule 991NY, the Exchange incurs Additionally, NASDAQ OMX PHLX (‘‘PHLX’’) has in the Exchange’s Fee Schedule, dated September routing fees and clearing charges when it routes a Customer Rebate Program that pays tiered rebates 1, 2012, available at http://globalderivatives.nyx. Customer orders to exchanges that in turn do not that range from $0.00 to $0.12 per contract, as com/sites/globalderivatives.nyx.com/files/nyse_ charge Customer fees, which the Exchange does not described in the PHLX fee schedule amended ______pass along to OFPs. September 4, 2012, available at http:// amex options fee schedule 09 01 12.pdf.
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The Exchange believes that the III. Date of Effectiveness of the printing in the Commission’s Public proposal to only make a rebate available Proposed Rule Change and Timing for Reference Room, 100 F Street NE., for Customer electronic equity and ETF Commission Action Washington, DC 20549–1090. Copies of option ADV in excess of 120,000 The foregoing rule change is effective the filing will also be available for contracts is reasonable and equitable upon filing pursuant to Section inspection and copying at the principal because it would reasonably ensure that 19(b)(3)(A) 15 of the Act and office of the Exchange. All comments the Exchange will derive sufficient subparagraph (f)(2) of Rule 19b–4 16 received will be posted without change; revenue to continue to fund the rebates, thereunder, because it establishes a due, the Commission does not edit personal for the benefit of all participants. fee, or other charge imposed by the identifying information from Further this requirement is not unfairly NYSE MKT. submissions. You should submit only discriminatory because it applies to all At any time within 60 days of the information that you wish to make OFPs. filing of such proposed rule change, the available publicly. All submissions The Exchange believes that the Commission summarily may should refer to File Number SR– requirement for an OFP to execute an temporarily suspend such rule change if NYSEMKT–2012–50 and should be ADV of at least 200,000 Customer it appears to the Commission that such submitted on or before November 7, action is necessary or appropriate in the electronic equity and ETF contracts as a 2012. result of posting orders to the public interest, for the protection of Consolidated Book (i.e., ‘‘making’’ investors, or otherwise in furtherance of For the Commission, by the Division of liquidity) to be eligible for the rebate is the purposes of the Act. Trading and Markets, pursuant to delegated authority.17 reasonable, equitable and not unfairly IV. Solicitation of Comments discriminatory for the following Kevin M. O’Neill, Interested persons are invited to reasons. This provision is designed to Deputy Secretary. encourage OFPs to send orders to the submit written data, views, and arguments concerning the foregoing, [FR Doc. 2012–25500 Filed 10–16–12; 8:45 am] Exchange, which will contribute to the including whether the proposed rule BILLING CODE 8011–01–P Exchange’s depth of book as well as to change is consistent with the Act. the top of book liquidity. Encouraging Comments may be submitted by any of the posting of orders is both reasonable the following methods: SECURITIES AND EXCHANGE and equitable because it enhances COMMISSION transparency, price discovery and Electronic Comments liquidity for all participants on the • Use the Commission’s Internet Sunshine Act Meeting Exchange, benefiting all investors. As comment form (http://www.sec.gov/ the requirement will apply to all OFPs rules/sro.shtml); or Notice is hereby given, pursuant to equally, it is also not unfairly • Send an email to rule- the provisions of the Government in the discriminatory. [email protected]. Please include File Sunshine Act, Public Law 94–409, that For these reasons, the Exchange Number SR–NYSEMKT–2012–50 on the the Securities and Exchange believes that the entire proposal is subject line. Commission will hold an Open Meeting reasonable, equitable and not unfairly Paper Comments on Wednesday, October 17, 2012 at 10:00 a.m., in the Auditorium, Room L– discriminatory. Finally, the Exchange • notes that it operates in a highly Send paper comments in triplicate 002. competitive market in which market to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, The subject matter of the Open participants can readily favor competing Meeting will be: venues if they deem fee levels at a 100 F Street NE., Washington, DC particular venue to be excessive. In such 20549–1090. The Commission will consider an environment, the Exchange must All submissions should refer to File whether to propose capital, margin, and continually review, and consider Number SR–NYSEMKT–2012–50. This segregation requirements for security- adjusting, its fees and credits to remain file number should be included on the based swap dealers and major security- competitive with other exchanges. For subject line if email is used. To help the based swap participants, and the reasons described above, the Commission process and review your amendments to Rule 15c3–1 under the Exchange believes that the proposed comments more efficiently, please use Exchange Act for broker-dealers. only one method. The Commission will rule change reflects this competitive At times, changes in Commission post all comments on the Commission’s environment. priorities require alterations in the Internet Web site (http://www.sec.gov/ B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the scheduling of meeting items. Statement on Burden on Competition submission, all subsequent For further information and to amendments, all written statements ascertain what, if any, matters have been The Exchange does not believe that with respect to the proposed rule added, deleted or postponed, please the proposed rule change will impose change that are filed with the contact: The Office of the Secretary at any burden on competition that is not Commission, and all written (202) 551–5400. necessary or appropriate in furtherance communications relating to the Dated: October 12, 2012. of the purposes of the Act. proposed rule change between the Elizabeth M. Murphy, C. Self-Regulatory Organization’s Commission and any person, other than Statement on Comments on the those that may be withheld from the Secretary. Proposed Rule Change Received From public in accordance with the [FR Doc. 2012–25649 Filed 10–15–12; 4:15 pm] Members, Participants, or Others provisions of 5 U.S.C. 552, will be BILLING CODE 8011–01–P available for Web site viewing and No written comments were solicited or received with respect to the proposed 15 15 U.S.C. 78s(b)(3)(A). rule change. 16 17 CFR 240.19b–4(f)(2). 17 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE built on the core functionality of the Options Alert specifying which COMMISSION NASDAQ Options Market (‘‘NOM’’).3 execution algorithm will govern which BX Options operates as an all-electronic options any time a change is made. [Release No. 34–68041; File No. SR–BX– Further, BX proposes to adopt new 2012–065] system (‘‘System’’ or ‘‘Trading System’’) with no physical trading floor and subparagraph (B) to provide that when Self-Regulatory Organizations; provides for the electronic display and the Size Pro-Rata execution algorithm is NASDAQ OMX BX, Inc.; Notice of Filing execution of orders in price/time in effect the System shall execute and Immediate Effectiveness of priority without regard to the status of trading interest in price priority, Proposed Rule Change To Add an the entities that are entering orders. The meaning it will execute all trading Additional Execution Algorithm and BX Options market closely resembles interest at the best price level within the Priority Overlays To Govern the NOM, including, most prominently, by System before executing trading interest Priority of Orders offering true price/time priority across at the next best price. Within each price all orders and participants rather than level, if there are two or more quotes or October 11, 2012. differentiating between participant/ orders at the best price, trading interest Pursuant to Section 19(b)(1) of the trading interest. Like on NOM, all will be executed based on the size of Securities Exchange Act of 1934 trading interest entered into the System each Participant’s quote or order as a (‘‘Act’’),1 and Rule 19b–4 thereunder,2 is automatically executable. percentage of the total size of all orders notice is hereby given that on October In its proposed rule change to create and quotes resting at that price. If this 2, 2012, NASDAQ OMX BX, Inc. (the the BX Options market, BX stated that, is not a whole number, it will be ‘‘Exchange’’ or ‘‘BX’’) filed with the initially, BX Options would have the rounded down to the nearest whole Securities and Exchange Commission same market structure and rules as number. If there are residual contracts (‘‘Commission’’) the proposed rule NOM, focusing on a price/time priority remaining after rounding, such contracts change as described in Items I, II, and market.4 will be distributed one contract at a time III below, which Items have been BX further stated that, over time, as to the remaining Participants in time prepared by the Exchange. The the BX Options market secured more priority. The Size Pro-Rata execution Commission is publishing this notice to participants, it would introduce algorithm will, initially, always operate solicit comments on the proposed rule additional, innovative technology.5 At with the priority overlays, as described change from interested persons. this time, BX proposes its first further below. The Size Pro-Rata enhancement to BX Options by offering I. Self-Regulatory Organization’s execution algorithm is similar to the a different priority rule. Currently, Statement of the Terms of Substance of Pro-Rata Priority provision in CBOE Chapter VI, Section 10, Book Processing, the Proposed Rule Change Rule 6.45A(a)(ii), which provides that provides that the System, like NOM, resting quotes and orders in the book are The Exchange proposes to add an will have a single execution algorithm prioritized according to price. CBOE additional execution algorithm and based on price/time priority. The Rule 6.45A(a)(ii) further provides that if priority overlays to govern the priority System and rules provide for the there are two or more quotes or orders of orders. The text of the proposed rule ranking, display, and execution of all at the best price then trades are change is available at http:// orders in price/time priority without allocated proportionally according to nasdaqomxbx.cchwallstreet.com, at the regard to the status of the entity entering size (in a pro-rata fashion). The Exchange’s principal office, and at the an order. For each order, among equally executable quantity is allocated to the Commission’s Public Reference Room. priced or better-priced trading interest, nearest whole number, with fractions 1⁄2 II. Self-Regulatory Organization’s the System currently executes against or greater rounded up and fractions less Statement of the Purpose of, and available contra-side displayed contract than 1⁄2 rounded down. If there are two Statutory Basis for, the Proposed Rule amounts in full, in price/time priority. market participants that both are At this time, the Exchange proposes to 1 Change entitled to an additional ⁄2 contract and amend Chapter VI, Section 10, to In its filing with the Commission, the there is only one contract remaining to provide for a Size Pro-Rata execution be distributed, the additional contract Exchange included statements algorithm. In order to make clear that concerning the purpose of and basis for will be distributed to the market only one of the two execution participant whose quote or order has the proposed rule change and discussed algorithms is applicable to a particular any comments it received on the time priority. This is substantially option, BX proposes to add introductory similar to the proposal at hand.7 proposed rule change. The text of these language to Section 10(1) to state that statements may be examined at the However, CBOE provides for rounding the Exchange will determine to apply, to the nearest whole number, while the places specified in Item IV below. The for each option, one of the execution Exchange has prepared summaries, set proposal at hand provides for the BX algorithms described in subparagraphs Options market to round down in each forth in Sections A, B, and C below, of (A) 6 or (B). The Exchange will issue an the most significant aspects of such case to the nearest whole number. BX does not believe this is a significant statements. 3 See BX Options Rules, Chapter VI, Section 1(e)(11). Securities Exchange Act Release No. 67256 difference between the two methods. A. Self-Regulatory Organization’s (June 26, 2012), 77 FR 39277 (July 2, 2012) (SR–BX– The following examples demonstrate Statement of the Purpose of, and 2012–030) (Approving the establishment of the BX how rounding differs between CBOE’s Statutory Basis for, the Proposed Rule Options market). 4 rule and BX’s proposal: Change See id. at 39278. Example 1 8—CBOE rounding approach 5 Securities Exchange Act Release No. 66983 (May 1. Purpose 14, 2012), 77 FR 29730 (May 18, 2012) (Notice of filing of SR–BX–2012–030). 7 Meaning, BX’s general pro-rata priority rule is The BX Options market launched on 6 BX is also proposing to amend subparagraph (A) substantially similar to CBOE’s operating without a June 29, 2012 as a fully automated, to provide that, respecting the price/time execution customer or market maker priority overlay, which price/time priority execution system algorithm, within each price level, if there are two are discussed below. or more quotes or orders at the best price, trading 8 In each example, the orders and quotes are interest will be executed in time priority. This is listed in the order in which they were received. 1 15 U.S.C. 78s(b)(1). intended to be clearer and match the new language Example 1 is intended to show how rounding works 2 17 CFR 240.19b–4. in subparagraph (B). Continued
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Order 1: Buy 10 contracts for 1.84, 17.5, rounds down to 17 contracts. shall have priority over all other Non-Market Maker broker-dealer Order 3 represents 10 of 100 (10%) Participant orders at the same price. The Order 2: Buy 10 contracts for 1.84, total contracts at 1.84. Public Customer priority is always a Public Customer 10% of 25 contracts (which is the sell part of the Market Maker Priority Quote: 1.84 (70) × 1.86 (10) MM1 order) execute = 2.5, rounds down overlay and both overlays will always Order 3: Buy 10 contracts for 1.84, to 2 contracts. apply to the Size Pro-Rata execution Market Maker Total executed: 23. There are 2 algorithm initially.10 If there are two or Market: 1.84 (100 contracts total) × residual contracts remaining from more BX Options Market Maker quotes 1.86 (10 contracts) the 25 contract sell order. The and orders for the same options series Sell order received: Sell 25 contracts remaining 2 contracts are allocated at the same price, those orders shall be at 1.84 one at a time based on time as executed based on the Size Pro-Rata Execution: follows: execution algorithm.11 If there are Order 1 represents 10 of 100 (10%) Order 1 receives 1 additional residual contracts remaining after all Market total contracts at 1.84. contract. Maker interest has been fully executed 10% of 25 contracts (which is the sell Order 2 receives 1 additional residual (meaning, Non-Public Customer and order) execute = 2.5, rounds up to contract. Non-Market Maker), such contracts shall 3 contracts. The 25 contract sell order is now be executed based on the Size Pro-Rata Order 2 represents 10 of 100 (10%) completely executed. execution algorithm.12 total contracts at 1.84. BX believes that this rounding The following is an example of the 10% of 25 contracts (which is the sell method is appropriate and fair, and will Public Customer and Market Maker order) execute = 2.5, rounds up to be clear to Participants. In particular, priority overlays applied to the 3 contracts. BX has chosen to round down because proposed Size Pro-Rata execution MM1’s quote represents 70 of 100 it is a more efficient way to calculate the algorithm: (70%) total contracts at 1.84. distribution of non-whole number Example 3: Again, 70% of 25 contracts execute = allocations. Rather than having to break Order 1: Buy 10 contracts for 1.84, 17.5, rounds up to 18 contracts but a tie by time whenever there are two or Non-MM broker-dealer to avoid over-allocation, MM1 Order 2: Buy 10 contracts for 1.84, more Participants entitled to 1⁄2 a receives 17. contract, BX will simply round down in Public Customer Order 3 represents 10 of 100 (10%) × all cases and distribute any residual one Quote MM1: 1.84 (10) 1.86 (10) total contracts at 1.84. contract at a time to each Participant Order 3: Buy MM 1.84 (10) 10% of 25 contracts (which is the sell Sell order received: Sell 21 contracts based on time priority as illustrated in order) execute = 2.5, rounds up to at 1.84 Example 2 above. 3 contracts but to avoid over- Execution: In addition, BX proposes to adopt two allocation, Order 3 receives 2. Order 2 allocated 10 contracts because priority overlays. The new subparagraph Example 2—BX Options proposed of Public Customer priority (C), Priority Overlays Applicable to Size rounding approach 9 Quote MM1 represents 10 of 20 (50%) Pro-Rata Execution Algorithm, will Order 1: Buy 10 contracts for 1.84, total MM contracts at 1.84. 50% of provide that the Exchange will apply Non-Market Maker broker-dealer 11 contracts to execute = 5.5, these priority overlays. BX plans to Order 2: Buy 10 contracts for 1.84, rounds down to 5 contracts. initially implement the Size Pro-Rata Public Customer Order 3 represents 10 of 20 (50%) execution algorithm with both the Quote: 1.84 (70) × 1.86 (10) MM1 total MM contracts at 1.84. 50% of Order 3: Buy 10 contracts for 1.84, Public Customer and Market Maker 11 contracts to execute = 5.5, Market Maker priority overlays. rounds down to 5 contracts. Market: 1.84 (100 contracts total) × The first priority overlay, Public Remaining 1 contract is allocated to 1.86 (10 contracts) Customer Priority, is proposed to be MM1 based on time among MMs. Sell order received: Sell 25 contracts subparagraph (1)(C)(i). Under this Order 1 is not executed because at 1.84 priority overlay, interest at the highest Market Makers have priority over Execution: bid and lowest offer shall have priority non-Market Maker broker-dealers. Order 1 represents 10 of 100 (10%) except that Public Customer orders shall Order 1 would only be executed if total contracts at 1.84. have priority over non-Public Customer all interest at the Public Customer 10% of 25 contracts (which is the sell orders at the same price. If there are two priority level and the Market Maker order) execute = 2.5, rounds down or more Public Customer orders for the level was first completely executed. same options series at the same price, to 2 contracts. In summary, this proposed rule priority shall be afforded to such Public Order 2 represents 10 of 100 (10%) change will allow for a different Customer orders in the sequence in total contracts at 1.84. execution algorithm for BX Options. To which they are received by the System. 10% of 25 contracts (which is the sell be clear, two different execution For purposes of this Rule, a Public order) execute = 2.5, rounds down algorithms will not operate in the same Customer order does not include a to 2 contracts. option. In addition, when the Size Pro- Professional Order. This is substantially MM1’s quote represents 70 of 100 Rata execution algorithm is selected by similar to CBOE Rule 6.45A(a)(ii)(1) and (70%) total contracts at 1.84. BX, the proposed new priority overlays Again, 70% of 25 contracts execute = ISE Rule 713(d). The second proposed priority overlay 10 BX may later file a proposed rule change to pursuant to CBOE’s rules, but does not include the is contained in subparagraph (1)(C)(ii), make available the Size Pro-Rata execution operation of the priority overlays, which will, as Market Maker Priority. Under this algorithm without the Public Customer or Market described below, initially always operate with the priority overlay, the highest bid and Maker priority overlays, or with just the Public Size Pro-Rata execution algorithm. lowest offer shall have priority except Customer priority overlay. 9 CBOE and BX methodology results in the same 11 This is similar to Phlx Rule allocation in this example, but there could be that BX Options Market Maker orders, 1014(g)(vii)(B)(1)(b). instances where the result differs, depending on the after all Public Customer orders have 12 This is similar to Phlx Rule number of contracts involved. been fully executed in time priority, 1014(g)(vii)(B)(1)(d).
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will be applied first as part of the III. Date of Effectiveness of the with respect to the proposed rule execution algorithm used to allocate the Proposed Rule Change and Timing for change that are filed with the order. These additional priority overlays Commission Action Commission, and all written are Public Customer priority and Market Because the foregoing proposed rule communications relating to the Maker priority, which will only apply to change does not: (i) Significantly affect proposed rule change between the the Size Pro-Rata execution algorithm. the protection of investors or the public Commission and any person, other than BX notes that the execution algorithm interest; (ii) impose any significant those that may be withheld from the will be selected and communicated by burden on competition; and (iii) become public in accordance with the BX to its Participants. The Public operative for 30 days from the date on provisions of 5 U.S.C. 552, will be Customer and Market Maker priority which it was filed, or such shorter time available for Web site viewing and overlays will, initially, always operate as the Commission may designate, it has printing in the Commission’s Public with the Size Pro-Rata execution become effective pursuant to Section Reference Room, 100 F Street NE., algorithm. 19(b)(3)(A) of the Act 15 and Washington, DC 20549, on official 2. Statutory Basis subparagraph (f)(6) of Rule 19b–4 business days between the hours of thereunder.16 10:00 a.m. and 3:00 p.m. Copies of such The Exchange believes that its At any time within 60 days of the filing also will be available for proposal is consistent with Section 6(b) filing of the proposed rule change, the inspection and copying at the principal 13 of the Act in general, and furthers the Commission summarily may office of the Exchange. All comments 14 objectives of Section 6(b)(5) of the Act temporarily suspend such rule change if received will be posted without change; in particular, in that it is designed to it appears to the Commission that such the Commission does not edit personal prevent fraudulent and manipulative action is necessary or appropriate in the identifying information from acts and practices, to promote just and public interest, for the protection of submissions. You should submit only equitable principles of trade, to foster investors, or otherwise in furtherance of information that you wish to make cooperation and coordination with the purposes of the Act. If the available publicly. All submissions persons engaged in facilitating Commission takes such action, the should refer to File Number SR–BX– transactions in securities, and to remove Commission shall institute proceedings 2012–065 and should be submitted on impediments to and perfect the to determine whether the proposed rule or before November 7, 2012. mechanisms of a free and open market change should be approved or and a national market system, and, in For the Commission, by the Division of disapproved. Trading and Markets, pursuant to delegated general, to protect investors and the authority.17 public interest, because it will provide IV. Solicitation of Comments Kevin M. O’Neill, additional execution algorithms and Interested persons are invited to priority overlays on BX Options, which submit written data, views, and Deputy Secretary. operate on other exchanges, as arguments concerning the foregoing, [FR Doc. 2012–25541 Filed 10–16–12; 8:45 am] explained in detail below. These including whether the proposed rule BILLING CODE 8011–01–P additional execution algorithms and change is consistent with the Act. priority overlays provide Participants Comments may be submitted by any of with additional choices among the the following methods: SECURITIES AND EXCHANGE many competing exchanges with regard COMMISSION Electronic Comments to their execution needs and strategies. • The Exchange believes that adding this Use the Commission’s Internet [Release No. 34–68035; File No. SR–ICC– flexibility to its rules will allow for comment form (http://www.sec.gov/ 2012–18] greater customization, resulting in rules/sro.shtml); or • Self-Regulatory Organizations; ICE enhanced service to its customers and Send an email to rule- Clear Credit LLC; Notice of Filing of users, which would continue to be a [email protected]. Please include File Proposed Rule Change To Add Rules purely objective method for allocating Number SR–BX–2012–065 on the Related to the Clearing of iTraxx option trades. Furthermore, BX Options subject line. Europe Index CDS and European operates in an intensely competitive Paper Comments Corporate Single-Name CDS environment and seeks to offer the same • Send paper comments in triplicate services that its competitors offer and in to Elizabeth M. Murphy, Secretary, October 11, 2012. which its customers would find value. Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the B. Self-Regulatory Organization’s 100 F Street NE., Washington, DC Securities Exchange Act of 1934 Statement on Burden on Competition 20549–1090. (‘‘Act’’),1 and Rule 19b-4 thereunder,2 The Exchange does not believe that All submissions should refer to File notice is hereby given that on the proposed rule change will result in Number SR–BX–2012–065. This file September 28, 2012, ICE Clear Credit any burden on competition that is not number should be included on the LLC (‘‘ICC’’) filed with the Securities necessary or appropriate in furtherance subject line if email is used. To help the and Exchange Commission of the purposes of the Act, as amended. Commission process and review your (‘‘Commission’’) the proposed rule comments more efficiently, please use change as described in Items I, II, and C. Self-Regulatory Organization’s only one method. The Commission will III below, which Items have been Statement on Comments on the post all comments on the Commission’s prepared primarily by ICC. The Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ Commission is publishing this notice to Members, Participants, or Others rules/sro.shtml). Copies of the solicit comments on the proposed rule Written comments were neither submission, all subsequent change from interested persons. solicited nor received. amendments, all written statements 17 17 CFR 200.30–3(a)(12). 13 15 U.S.C. 78f(b). 15 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 14 15 U.S.C. 78f(b)(5). 16 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4.
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I. Self-Regulatory Organization’s year maturity, maturing on June 20, S.A.; Aktiebolaget Volvo; ALSTOM; Statement of the Terms of Substance of 2013; Markit iTraxx Europe Main Series BRITISH TELECOMMUNICATIONS the Proposed Rule Change 9 with a 10-year maturity, maturing on public limited company; COMPAGNIE The purpose of the proposed rule June 20, 2018; Markit iTraxx Europe DE SAINT–GOBAIN; Deutsche Telekom change is to adopt new rules that will Main Series 8 with a 5-year maturity, AG; FRANCE TELECOM; GAS provide the basis for ICC to clear maturing on December 20, 2012; Markit NATURAL SDG, S.A. GDF SUEZ; additional credit default swap contracts. iTraxx Europe Main Series 8 with a 10- HELLENIC TELECOMMUNICATIONS Specifically, ICC is proposing to amend year maturity, maturing on December ORGANISATION SOCIETE ANONYME; Chapter 26 of its rules to add Section 20, 2017; Markit iTraxx Europe Main IBERDROLA, S.A.; Koninklijke KPN 26F to provide for the clearance of the Series 7 with a 10-year maturity, N.V. NATIONAL GRID PLC; Portugal iTraxx Europe CDS (‘‘iTraxx maturing June 20, 2017; Markit iTraxx Telecom International Finance B.V.; Contracts’’), which reference the iTraxx Crossover Series 18 with a 5-year RWE Aktiengesellschaft; TELECOM Europe corporate index, and new maturity, maturing on December 20, ITALIA SPA; TELEFONICA, S.A.; Section 26G to provide for the clearance 2017; Markit iTraxx Crossover Series 17 Telekom Austria Aktiengesellschaft; of standard single-name CDS Contracts with a 5-year maturity, maturing on TELENOR ASA; TeliaSonera referencing European corporate June 20, 2017; Markit iTraxx Crossover Aktiebolag; UNITED UTILITIES PLC; reference entities (‘‘European SN Series 16 with a 5-year maturity, Vattenfall Aktiebolag; VEOLIA Contracts’’). ICC will also update maturing on December 20, 2016; Markit ENVIRONNEMENT VIVENDI; Schedule 502 of its Rules (Cleared iTraxx Crossover Series 15 with a 5-year VODAFONE GROUP PUBLIC LIMITED Products List) to incorporate the maturity, maturing on June 20, 2016; COMPANY; Deutsche Post AG; additional cleared products. Markit iTraxx Crossover Series 14 with European Aeronautic Defence and Upon Commission approval, ICC will a 5-year maturity, maturing on Space Company EADS N.V.; list the following European Indices: December 20, 2015; Markit iTraxx FINMECCANICA S.P.A.; Holcim Ltd; Markit iTraxx Europe Main Series 18 Crossover Series 13 with a 5-year ROLLS–ROYCE plc; Siemens with a 5-year maturity, maturing on maturity, maturing on June, 20, 2015; Aktiengesellschaft; PostNL N.V.; December 20, 2017; Markit iTraxx Markit iTraxx Crossover Series 12 with REPSOL, S.A.; Bayerische Motoren Europe Main Series 18 with a 10-year a 5-year maturity, maturing on Werke Aktiengesellschaft; BRITISH maturity, maturing on December 20, December 20, 2014; Markit iTraxx AMERICAN TOBACCO p.l.c.; Daimler 2022; Markit iTraxx Europe Main Series Crossover Series 11 with a 5-year AG; DANONE; DIAGEO PLC; 17 with a 5-year maturity, maturing on maturity, maturing on June 20, 2014; Koninklijke Philips Electronics N.V.; June 20, 2017; Markit iTraxx Europe Markit iTraxx Crossover Series 10 with LVMH MOET HENNESSY LOUIS Main Series 17 with a 10-year maturity, a 5-year maturity, maturing on VUITTON; Nestle S.A.; Svenska maturing on June 20, 2022; Markit December 20, 2013; Markit iTraxx Cellulosa Aktiebolaget SCA; Unilever iTraxx Europe Main Series 16 with a 5- Crossover Series 9 with a 5-year N.V.; VOLKSWAGEN year maturity, maturing on December maturity, maturing on June 20, 2013; AKTIENGESELLSCHAFT; ACCOR; 20, 2016; Markit iTraxx Europe Main Markit iTraxx HiVol Series 18 with a 5- Bertelsmann AG; CARREFOUR; Series 16 with a 10-year maturity, year maturity, maturing on December CASINO GUICHARD–PERRACHON; maturing on December 20, 2021; Markit 20, 2017; Markit iTraxx HiVol Series 17 COMPASS GROUP PLC; EXPERIAN iTraxx Europe Main Series 15 with a 5- with a 5-year maturity, maturing on FINANCE PLC; GROUPE AUCHAN; J year maturity, maturing on June 20, June 20, 2017; Markit iTraxx HiVol SAINSBURY plc; Koninklijke Ahold 2016; Markit iTraxx Europe Main Series Series 16 with a 5-year maturity, N.V.; MARKS AND SPENCER p.l.c.; 15 with a 10-year maturity, maturing on maturing on December 20, 2016; Markit METRO AG; NEXT PLC; PEARSON plc; June 20, 2021; Markit iTraxx Europe iTraxx HiVol Series 15 with a 5-year PPR; PUBLICIS GROUPE SA; REED Main Series 14 with a 5-year maturity, maturity, maturing on June 20, 2016; ELSEVIER PLC; SAFEWAY LIMITED; maturing on December 20, 2015; Markit Markit iTraxx HiVol Series 14 with a 5- SODEXO; TESCO PLC; Wolters Kluwer iTraxx Europe Main Series 14 with a 10- year maturity, maturing on December N.V.; WPP 2005 LIMITED; AKZO Nobel year maturity, maturing on December 20, 2015; Markit iTraxx HiVol Series 13 N.V.; Anglo American plc; 20, 2020; Markit iTraxx Europe Main with a 5-year maturity, maturing on ArcelorMittal; BASF SE; Glencore Series 13 with a 5-year maturity, June, 20, 2015; Markit iTraxx HiVol International AG; Henkel AG & Co. maturing on June, 20, 2015; Markit Series 12 with a 5-year maturity, KGaA; Koninklijke DSM N.V.; iTraxx Europe Main Series 13 with a 10- maturing on December 20, 2014; Markit LANXESS Aktiengesellschaft; Linde year maturity, maturing on June, 20, iTraxx HiVol Series 11 with a 5-year Aktiengesellschaft; Solvay; XSTRATA 2020; Markit iTraxx Europe Main Series maturity, maturing on June 20, 2014; PLC; STMicroelectronics N.V.; Bayer 12 with a 5-year maturity, maturing on Markit iTraxx HiVol Series 10 with a 5- Aktiengesellschaft; SANOFI; Aegon December 20, 2014; Markit iTraxx year maturity, maturing on December N.V.; Allianz SE; ASSICURAZIONI Europe Main Series 12 with a 10-year 20, 2013; Markit iTraxx HiVol Series 9 GENERALI—SOCIETA PER AZIONI; maturity, maturing on December 20, with a 5-year maturity, maturing on AVIVA PLC; AXA; BANCA MONTE DEI 2019; Markit iTraxx Europe Main Series June 20, 2013; and Markit iTraxx HiVol PASCHI DI SIENA S.P.A.; BANCO; 11 with a 5-year maturity, maturing on Series 8 with a 5-year maturity, BILBAO VIZCAYA ARGENTARIA, June 20, 2014; Markit iTraxx Europe maturing on December 20, 2012. SOCIEDAD ANONIMA; Banco Espirito Main Series 11 with a 10-year maturity, Additionally, upon Commission Santo, S.A.; BANCO SANTANDER, maturing on June 20, 2019; Markit approval, ICC plans to provide for the S.A.; Bank of Scotland plc; INTESA iTraxx Europe Main Series 10 with a 5- clearance of the following European SN SANPAOLO SPA; JTI (UK) FINANCE year maturity, maturing on December Contracts: Centrica Plc; E.ON AG; ENEL PLC; Swiss Reinsurance Company Ltd; 20, 2013; Markit iTraxx Europe Main S.P.A.; EDISON S.P.A.; EDP—Energias Zurich Insurance Company Ltd; Series 10 with a 10-year maturity, de Portugal; S.A.; ELECTRICITE DE Compagnie Financiere Michelin; L’AIR maturing on December 20, 2018; Markit FRANCE; EnBW Energie Baden- LIQUIDE SOCIETE ANONYME POUR iTraxx Europe Main Series 9 with a 5- Wuerttemberg AG; Fortum Oyj; Adecco L’ETUDE ET L’EXPLOITATION DES
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PROCEDES GEORGES CLAUDE; BAE contracts (‘‘CDX.NA Contracts’’) and restructuring is a credit event for the SYSTEMS PLC; BOUYGUES; BP P.L.C.; CDX Emerging Market Index (‘‘CDX.EM iTraxx Contract. IMPERIAL TOBACCO GROUP PLC; Contracts’’) currently cleared by ICC and European SN Contracts have similar KINGFISHER PLC; Suedzucker governed by Sections 26A and 26C of terms to the North American Corporate Aktiengesellschaft Mannheim/ the ICC rules. Accordingly, the Single Name CDS Contracts (‘‘North Ochsenfurt; Swedish Match AB; proposed rules found in Section 26F American SN Contracts’’) currently TECHNIP; IMPERIAL CHEMICAL largely mirror the ICC rules for those cleared by ICC and governed by Section INDUSTRIES LIMITED; ALTADIS SA; Contracts, with certain modifications 26B of the Rules and the Latin American BRITISH SKY BROADCASTING GROUP that reflect the underlying reference sovereign CDS contracts currently PLC; Aktiebolaget Electrolux; THALES; entities (European corporate reference cleared by ICC and governed by Section Metso Oyj; Muenchener entities instead of North American 26D of the Rules. Accordingly, the Rueckversicherungs-Gesellschaft corporate or Latin American sovereign proposed rules found in Section 26G Aktiengesellschaft in Muenchen; entities) and differences in terms and largely mirror the ICC rules for North Syngenta AG; TATE & LYLE PUBLIC market conventions. The iTraxx American SN Contracts in Section 26B, LIMITED COMPANY; and TOTAL SA. Contracts reference the iTraxx Europe with certain modifications that reflect In addition, ICC proposes to amend index, the current series of which differences in terms and market Section 26E of its rules to include consists of 125 European corporate conventions between European SN certain additional provisions relevant to reference entities. iTraxx Contracts, Contracts and North American SN the treatment of restructuring credit consistent with market convention and Contracts. European SN Contracts will events under the iTraxx Contracts and widely used standard terms be denominated in Euro. European SN Contracts. documentation, can be triggered by Rule 26G–102 (Definitions) sets forth As discussed in more detail in Item credit events for failure to pay, the definitions used for the European II.A. below, new Section 26F of the ICC bankruptcy and restructuring. iTraxx SN Contracts. An ‘‘Eligible SNEC rules provides for the definitions and Contracts will be denominated in Euro. Reference Entity’’ is defined as ‘‘each particular Reference Entity included certain specific contract terms for Rule 26F–102 (Definitions) sets forth from time to time in the List of Eligible cleared iTraxx Contracts. New Section the definitions used for the iTraxx Reference Entities,’’ which is a list 26G provides for the definitions and Contract Rules. An ‘‘Eligible iTraxx maintained, updated and published certain specific contract terms for Europe Untranched Index’’ is defined as from time to time by the ICC Board of cleared European SN Contracts. ‘‘each particular series and version of an Managers or its designee, containing iTraxx Europe index or sub-index, as II. Self-Regulatory Organization’s certain specified information with Statement of the Purpose of, and published by the iTraxx Untranched respect to each reference entity. The Statutory Basis for, the Proposed Rule Publisher, included from time to time in Eligible SNEC Reference Entities will Change the List of Eligible iTraxx Untranched initially consist of 121 European In its filing with the Commission, ICC Indexes,’’ which is a list maintained, corporate reference entities specified in included statements concerning the updated and published from time to Schedule 502 to the ICC Rules. Certain purpose of and basis for the proposed time by the ICC Board of Managers or substantive changes have also been rule change and discussed any its designee, containing certain made to the definition of ‘‘List of comments it received on the proposed specified information with respect to Eligible SNEC Reference Entities’’, due rule change. The text of these statements each index. ‘‘iTraxx Europe Untranched to the fact that certain terms and may be examined at the places specified Terms Supplement’’ refers to the market elections for North American SN in Item IV below. ICC has prepared standard form of documentation used Contracts are not applicable to European summaries, set forth in sections A, B, for credit default swaps on the iTraxx SN Contracts. These include (i) the need and C below, of the most significant Europe index, which is incorporated by for an election as to whether aspects of these statements. reference into the contract specifications ‘‘Restructuring’’ is an eligible ‘‘Credit in Chapter 26F. The remaining Event’’ (it is by contract term and A. Self-Regulatory Organization’s definitions are substantially the same as market convention applicable to all Statement of the Purpose of, and the definitions found in ICC Section European SN Contracts, whereas it is Statutory Basis for, the Proposed Rule 26A and Section 26C, other than certain generally not applicable to North Change conforming changes. American SN Contracts) and (ii) the ICC has identified iTraxx Contracts Rules 26F–309 (Acceptance of iTraxx applicability of certain ISDA and European SN Contracts as products Europe Untranched Contract), 26F–315 supplements that may apply to North that have become increasingly (Terms of the Cleared iTraxx Europe American SN Contracts but do not apply important for market participants to Untranched Contract), and 26F–316 to European SN Contracts, including the manage risk and express views with (Updating Index Version of Fungible 2005 Monoline Supplement, the ISDA respect to European corporate credit Contracts After a Credit Event or a Additional Provisions for a Secured risk. ICC’s clearance of these Contracts Succession Event; Updating Relevant Deliverable Obligation Characteristic will facilitate the prompt and accurate Untranched Standard Terms and the ISDA Additional Provisions for settlement of swaps and contribute to Supplement) reflect or incorporate the Reference Entities with Delivery the safeguarding of securities and funds basic contract specifications for iTraxx Restrictions. The remaining definitions associated with swap transactions. In Contracts and are substantially the same are substantially the same as the addition, ICC notes that the Commodity as under ICC Section 26A for CDX.NA definitions found in ICC Section 26B, Futures Trading Commission has Contracts and ICC Section 26C for other than certain conforming changes. proposed that certain iTraxx Europe CDX.EM Contracts. In addition to Rules 26G–203 (Restriction on CDS contracts would be subject to various non-substantive conforming Activity), 26G–206 (Notices Required of mandatory clearing under Section 2(h) changes, proposed Rule 26F–317 (Terms Participants with respect to SNEC of the Commodity Exchange Act. of iTraxx Europe Untranched Contracts) Contracts), 26G–303 (SNEC Contract iTraxx Contracts have similar terms to differs from the corresponding Rule Adjustments), 26G–309 (Acceptance of the CDX North American Index CDS 26A–317 to reflect the fact that SNEC Contracts by ICE Clear Credit),
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26G–315 (Terms of the Cleared SNEC settlement of swaps and contribute to post all comments on the Commission’s Contract), 26G–316 (Relevant Physical the safeguarding of securities and funds Internet Web site (http://www.sec.gov/ Settlement Matrix Updates), 26G–502 associated with swap transactions. rules/sro.shtml). Copies of the (Specified Actions), and 26G–616 submission, all subsequent B. Self-Regulatory Organization’s (Contract Modification) reflect or amendments, all written statements Statement on Burden on Competition incorporate the basic contract with respect to the proposed rule specifications for European SN ICC does not believe the proposed change that are filed with the Contracts and are substantially the same rule change would have any impact, or Commission, and all written as under ICC Section 26B for North impose any burden, on competition. communications relating to the American SN Contracts, except as C. Self-Regulatory Organization’s proposed rule change between the follows. In addition to various non- Statement on Comments on the Commission and any person, other than substantive conforming changes, the Proposed Rule Change Received From those that may be withheld from the proposed rules differ from the existing Members, Participants or Others public in accordance with the North American SN Contracts in that provisions of 5 U.S.C. 552, will be the contract terms in Rule 26G–315 Written comments relating to the available for Web site viewing and incorporate the relevant published ISDA proposed rule change have not been printing in the Commission’s Public physical settlement matrix terms for solicited or received. ICC will notify the Reference Room, 100 F Street NE., Standard European Corporate Commission of any written comments Washington, DC 20549, on official transactions, rather than Standard North received by ICC. business days between the hours of American Corporate transactions, and, III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of such as noted in the preceding paragraph, Proposed Rule Change and Timing for filings will also be available for certain elections and supplements used Commission Action inspection and copying at the principal for North American SN Contracts are office of ICE Clear Credit and on ICE not applicable to European SN Within 45 days of the date of Clear Credit’s Web site at https://www. Contracts. In addition, the contracts publication of this notice in the Federal theice.com/publicdocs/regulatory_ reflect the fact that under the ISDA Register or within such longer period filings/ICEClearCredit_092812.pdf. physical settlement matrix terms, the up to 90 days (i) as the Commission may All comments received will be posted restructuring credit event and the designate if it finds such longer period without change; the Commission does related additional terms for ‘‘Modified to be appropriate and publishes its not edit personal identifying Restructuring Maturity Limitation and reasons for so finding or (ii) as to which information from submissions. You Conditionally Transferable Obligation’’ the self-regulatory organization should submit only information that under the ISDA Credit Derivatives consents, the Commission will: you wish to make available publicly. All (A) By order approve or disapprove Definitions (commonly referred to as submissions should refer to File the proposed rule change or ‘‘Mod Mod R’’ terms) apply to European Number SR–ICC–2012–18 and should (B) institute proceedings to determine SN Contracts. be submitted on or before November 7, whether the proposed rule change In addition, ICC proposes to make 2012. conforming changes in Section 26E of should be disapproved. the Rules (the CDS Restructuring Rules), For the Commission, by the Division of IV. Solicitation of Comments Trading and Markets, pursuant to delegated principally to address the particular 4 restructuring terms that apply to iTraxx Interested persons are invited to authority. Contracts and European SN Contracts. submit written data, views, and Kevin M. O’Neill, Specifically, ICC proposes to modify the arguments concerning the foregoing, Deputy Secretary. notice delivery procedures in Rule 26E– including whether the proposed rule [FR Doc. 2012–25499 Filed 10–16–12; 8:45 am] 104 to include ‘‘notices to exercise change is consistent with the Act. BILLING CODE 8011–01–P movement option’’ under the Mod Mod Comments may be submitted by any of R terms. In addition, the definition of the following methods: SECURITIES AND EXCHANGE ‘‘Triggered Restructuring CDS Contract’’ Electronic Comments has been modified to reflect that under COMMISSION • Mod Mod R terms a CDS contract may Use the Commission’s Internet comment form (http://www.sec.gov/ [Release No. 34–68037; File No. SR–FINRA– be triggered in part following a 2012–045] restructuring credit event. rules/sro.shtml); or • Section 17A(b)(3)(F) of the Act 3 Send an email to rule- Self-Regulatory Organizations; requires, among other things, that the [email protected]. Please include File Financial Industry Regulatory rules of a clearing agency be designed to Number SR–ICC–2012–18 on the subject Authority, Inc.; Notice of Filing and promote the prompt and accurate line. Order Granting Accelerated Approval clearance and settlement of securities Paper Comments of Proposed Rule Change To Amend transactions and, to the extent • NASD Rule 2711 and Incorporated applicable, derivative agreements, Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, NYSE Rule 472 To Conform With the contracts, and transactions. ICC believes Requirements of the Jumpstart Our that the proposed rule change is Securities and Exchange Commission, 100 F Street NE., Washington, DC Business Startups Act and Related consistent with the requirements of the Changes Act and the rules and regulations 20549–1090. thereunder applicable to ICC, in All submissions should refer to File October 11, 2012. particular, to Section 17(A)(b)(3)(F), Number SR–ICC–2012–18. This file I. Introduction because ICC believes that the clearance number should be included on the of iTraxx and European SN Contracts subject line if email is used. To help the Pursuant to Section 19(b)(1) of the will facilitate the prompt and accurate Commission process and review your Securities Exchange Act of 1934 comments more efficiently, please use 3 15 U.S.C. 78q–1(b)(3)(F). only one method. The Commission will 4 17 CFR 200.30–3(a)(12).
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(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 investors. To that end, Section 105(b) of business,’’ including any ‘‘pitches’’ for notice is hereby given that on the JOBS Act amended Section 15D of investment banking business or other September 28, 2012, Financial Industry the Act to prohibit the Commission or communications with companies for the Regulatory Authority, Inc. (‘‘FINRA’’) (f/ any national securities association from purpose of soliciting investment k/a National Association of Securities adopting or maintaining any rule or banking business. The FAQs interpret Dealers, Inc. (‘‘NASD’’)) filed with the regulation in connection with an initial the JOBS Act to now allow, in Securities and Exchange Commission public offering (‘‘IPO’’) of an EGC that: connection with an IPO of an EGC, (‘‘SEC’’ or ‘‘Commission’’) the proposed • Restricts, based on functional role, research analysts to attend meetings rule change as described in Items I, II, which associated persons of a broker, with issuer management that are also and III below, which Items have dealer, or member of a national attended by investment banking substantially been prepared by FINRA. securities association, may arrange for personnel, including pitch meetings, but The Commission is publishing this communications between an analyst not ‘‘engage in otherwise prohibited notice to solicit comments on the and a potential investor; or conduct in such meetings,’’ including proposed rule change from interested • restricts a securities analyst from ‘‘efforts to solicit investment banking persons and to approve the proposed participating in any communication business.’’ The FAQs further explain rule change on an accelerated basis. with the management of an EGC that is that a research analyst that attends a pitch meeting ‘‘could, for example, II. Self-Regulatory Organization’s also attended by any other associated introduce themselves, outline their Statement of the Terms of Substance of person of a broker, dealer, or member of research program and the types of the Proposed Rule Change a national securities association whose functional role is other than as a factors that the analyst would consider FINRA is proposing to amend NASD securities analyst. in his or her analysis of a company, and Rule 2711 (Research Analysts and ask follow-up questions to better Research Reports) to conform with the Section 105(d) further prohibits the Commission or any national securities understand a factual statement made by requirements of the Jumpstart Our the [EGC]’s management.’’ Accordingly, Business Startups Act (‘‘JOBS Act’’) 3 association from adopting or maintaining any rule or regulation that the proposed rule change creates an and make certain additional changes to exception to NASD Rule 2711(c)(4) to quiet period restrictions consistent with prohibits a broker or dealer from publishing or distributing any research reflect this guidance regarding the the policies underlying the JOBS Act. application of the JOBS Act.7 report or making a public appearance, The proposed rule change also makes The FAQs state that under Section with respect to the securities of an EGC conforming amendments to 105(b) of the JOBS Act, an associated Incorporated NYSE Rule 472 either: person of a broker-dealer, including • within any prescribed period of (Communications With The Public). investment banking personnel, may time following the IPO date of the EGC; The text of the proposed rule change arrange communications between or is available on FINRA’s Web site at research analysts and investors in • within any prescribed period of http://www.finra.org, at the principal connection with an IPO of an EGC. As time prior to the expiration date of any office of FINRA, and at the an example, the FAQs state that an agreement between the broker, dealer, or Commission’s Public Reference Room. investment banker could forward a list member of a national securities of clients to a research analyst that the III. Self-Regulatory Organization’s association and the EGC or its analyst could, ‘‘at his or her own Statement of the Purpose of, and shareholders that restricts or prohibits discretion and with appropriate Statutory Basis for, the Proposed Rule the sale of securities held by the EGC or controls, contact.’’ The FAQs Change its shareholders after the IPO date. acknowledge that FINRA does not have These provisions became effective In its filing with the Commission, a rule that directly prohibits this activity upon signature of the President on April FINRA included statements concerning and further states that such activity, 5, 2012. On August 22, 2012, the SEC’s the purpose of and basis for the without more, would not constitute Division of Trading and Markets proposed rule change and discussed any conduct by investment banking provided guidance on these provisions comments it received on the proposed personnel to directly or indirectly direct in the form of Frequently Asked rule change. The text of these statements a research analyst to engage in sales or Questions (‘‘FAQs’’).4 FINRA is may be examined at the places specified marketing efforts related to an amending the applicable provisions of in Item IV below. FINRA has prepared investment banking services transaction, NASD Rule 2711 to conform with the summaries, set forth in sections A, B, in violation of NASD Rule 2711(c)(6).8 JOBS Act and SEC staff guidance with and C below, of the most significant Accordingly, this JOBS Act provision regard to the applicable JOBS Act aspects of such statements. requires no conforming rule change. provisions.5 A. Self-Regulatory Organization’s Quiet Periods Statement of the Purpose of, and Arranging and Participating in Statutory Basis for, the Proposed Rule Communications Section 105(d) of the JOBS Act expressly permits publication of Change NASD Rule 2711(c)(4) 6 prohibits a research and public appearances with 1. Purpose research analyst from participating ‘‘in efforts to solicit investment banking The JOBS Act was signed into law on 7 A corresponding exception is created for April 5, 2012. Among other things, the Incorporated NYSE Rule 472(b)(5). 4 These FAQs are available at http://www.sec.gov/ 8 See also Incorporated NYSE Rule 427(b)(6)(ii). JOBS Act is intended to help facilitate divisions/marketreg/tmjobsact- In 2003 and 2004, the Commission, self-regulatory capital formation for ‘‘emerging growth researchanalystsfaq.htm. organizations, and other regulators instituted settled companies’’ (‘‘EGCs’’) by improving the 5 FINRA notes that the SEC staff guidance enforcement actions against 12 broker-dealers to information flow about EGCs to interprets the JOBS Act provisions as applicable to address conflicts of interest between the firms’ Incorporated NYSE Rule 472 to the same extent as research and investment banking functions (‘‘Global NASD Rule 2711. As such, the proposed rule Settlement’’). As the FAQs point out, firms subject 1 15 U.S.C. 78s(b)(1). change makes corresponding amendments to to the Global Settlement should also be mindful of 2 17 CFR 240.19b–4. Incorporated NYSE Rule 472. the requirements of that court order as they remain 3 Pub. L. No. 112–106, 126 Stat. 306. 6 See also Incorporated NYSE Rule 472(b)(5). in place.
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respect to the securities of an EGC any FINRA has requested the Commission B. Self-Regulatory Organization’s time after the IPO of an EGC or prior to to find good cause pursuant to Section Statement on Burden on Competition 15 the expiration of any lock up agreement. 19(b)(2) of the Act for approving the FINRA does not believe that the While the JOBS Act refers only to the proposed rule change prior to the 30th proposed rule change will result in any ‘‘expiration’’ of a lock-up agreement, the day after its publication in the Federal burden on competition that is not FAQs note a SEC staff belief that Register so that FINRA can implement necessary or appropriate in furtherance Congress intended for the JOBS Act changes to conform with the JOBS Act, of the purposes of the Act, as amended provisions to apply equally to the which has been effective since April 5, by the JOBS Act. period before a ‘‘waiver’’ or 2012. The proposed changes to NASD C. Self-Regulatory Organization’s ‘‘termination’’ of a lock-up agreement. Rules 2711(c)(4), (f)(1)(A), (f)(2), and Statement on Comments on the Thus, in accordance with SEC staff (f)(4) (with respect to the 15-day quiet Proposed Rule Change Received From guidance on this JOBS Act provision, period before the expiration, the proposed rule change amends NASD Members, Participants, or Others termination or waiver of a lock-up Rule 2711 to eliminate the following agreement) and the corresponding Written comments were neither quiet periods with respect to an IPO of solicited nor received. an EGC: changes to Incorporated NYSE Rule 472 • NASD Rule 2711(f)(1)(A),9 which would be effective as of April 5, 2012. IV. Solicitation of Comments imposes a 40-day quiet period after an FINRA requests that the proposed changes to NASD Rules 2711(f)(1)(B) Interested persons are invited to IPO on a member that acts as a manager submit written data, views and and (f)(4) (with respect to the 15-day or co-manager of such IPO; arguments concerning the foregoing, 10 quiet period after the expiration, • NASD Rule 2711(f)(2), which including whether the proposed rule termination or waiver of a lock-up imposes a 25-day quiet period after an change is consistent with the Act. IPO on a member that participates as an agreement) and the corresponding Comments may be submitted by any of underwriter or dealer (other than changes to Incorporated NYSE Rule 472, the following methods: manager or co-manager) of such an IPO; which further the policies underlying and the statutory mandates, become effective Electronic Comments • NASD Rule 2711(f)(4) 11 with upon Commission approval. • Use the Commission’s Internet respect to the 15-day quiet period 2. Statutory Basis comment form (http://www.sec.gov/ applicable to IPO managers and co- rules/sro.shtml); or managers prior to the expiration, FINRA believes that the proposed rule • Send an email to rule- waiver, or termination of a lock-up change is consistent with the provisions [email protected]. Please include File agreement or any other agreement that of Section 15A(b)(6) of the Act,16 which Number SR–FINRA–2012–045 on the such member has entered into with a requires, among other things, that subject line. subject company or its shareholders that FINRA rules must be designed to restricts or prohibits the sale of Paper Comments prevent fraudulent and manipulative • securities held by the subject company acts and practices, to promote just and Send paper comments in triplicate or its shareholders after the completion equitable principles of trade and, in to Elizabeth M. Murphy, Secretary, of an IPO. general, to protect investors and the Securities and Exchange Commission, The FAQs note that the JOBS Act 100 F Street NE., Washington, DC public interest. FINRA believes that the makes no reference to quiet periods after 20549–1090. changes to NASD Rules 2711(c)(4),17 a secondary offering or during a period (f)(1)(A),18 (f)(2),19 and (f)(4) 20 (with All submissions should refer to File of time after expiration, termination, or Number SR–FINRA–2012–045. This file waiver of a lock-up agreement. respect to the 15-day quiet period before the expiration, termination or waiver of number should be included on the Accordingly, the FAQs note that NASD subject line if email is used. To help the Rule 2711(f)(1)(B),12 which imposes a a lock-up agreement) and the corresponding changes to Incorporated Commission process and review your 10-day quiet period on managers and comments more efficiently, please use NYSE Rule 472 conform those rules to co-managers following a secondary only one method. The Commission will statutory mandates. FINRA also believes offering and the remaining portion of post all comments on the Commission’s NASD Rule 2711(f)(4) 13 relating to quiet that the proposed additional changes to 21 22 Internet Web site (http://www.sec.gov/ periods after the expiration, termination NASD Rules 2711(f)(1)(B) and (f)(4) rules/sro.shtml). Copies of the or waiver of a lock up agreement, further the policies underlying the submission, all subsequent remain fully in effect. Nonetheless, the statutory mandates by improving amendments, all written statements FAQs express the SEC staff’s belief that information flow to investors with with respect to the proposed rule the policies underlying the JOBS Act are respect to EGCs without sacrificing the change that are filed with the equally applicable to quiet periods reliability of research reports, as the Commission, and all written during these other times. FINRA agrees other objectivity safeguards in NASD communications relating to the that elimination of those quiet periods Rule 2711 23 and SEC Regulation AC 24 proposed rule change between the would advance the policy objectives of are effective and will continue to apply. Commission and any person, other than the JOBS Act and therefore has those that may be withheld from the proposed to amend NASD Rule 2711 15 15 U.S.C. 78s(b)(2). public in accordance with the accordingly.14 16 15 U.S.C. 78o–3(b)(6). provisions of 5 U.S.C. 552, will be 17 See also Incorporated NYSE Rule 472(b)(5). available for Web site viewing and 18 9 See also Incorporated NYSE Rule 472(f)(1). See also Incorporated NYSE Rule 472(f)(1). printing in the Commission’s Public 10 19 See also Incorporated NYSE Rule 472(f)(3). See also Incorporated NYSE Rule 472(f)(3). Reference Room, 100 F Street NE., 11 See also Incorporated NYSE Rule 472(f)(4). 20 See also Incorporated NYSE Rule 472(f)(4). 12 See also Incorporated NYSE Rule 472(f)(2). 21 See also Incorporated NYSE Rule 472(f)(2). Washington, DC 20549, on official 13 See also Incorporated NYSE Rule 472(f)(4). 22 See also Incorporated NYSE Rule 472(f)(4). business days between the hours of 10 14 A corresponding change is made to 23 See also Incorporated NYSE Rule 472. a.m. and 3 p.m. Copies of such filing Incorporated NYSE Rule 472(f). 24 17 CFR 242.500–05. also will be available for inspection and
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copying at the principal office of date of publication of notice in the II. Self-Regulatory Organization’s FINRA. All comments received will be Federal Register because the changes Statement of the Purpose of, and posted without change; the Commission required by the JOBS Act have been in Statutory Basis for, the Proposed Rule does not edit personal identifying effect since April 5, 2012 and the Change information from submissions. You additional proposed changes further the In its filing with the Commission, the should submit only information that policies underlying the applicable JOBS self-regulatory organization included you wish to make available publicly. All Act provision. statements concerning the purpose of, submissions should refer to File VI. Conclusion and basis for, the proposed rule change Number SR–FINRA–2012–045 and should be submitted on or before It is therefore ordered, pursuant to and discussed any comments it received November 7, 2012. Section 19(b)(2) of the Act, that the on the proposed rule change. The text proposed rule change (SR–FINRA– of these statements may be examined at V. Commission’s Findings and Order 2012–045) be, and hereby is, approved the places specified in Item IV below. Granting Accelerated Approval of on an accelerated basis. The self-regulatory organization has Proposed Rule Change prepared summaries, set forth in For the Commission, by the Division of sections A, B and C below, of the most After careful review of the proposed Trading and Markets, pursuant to delegated rule change, the Commission finds that authority.28 significant aspects of such statements. the proposed rule change is consistent Kevin M. O’Neill, A. Self-Regulatory Organization’s with the requirements of the Act and the Deputy Secretary. Statement of the Purpose of, and rules and regulations thereunder [FR Doc. 2012–25501 Filed 10–16–12; 8:45 am] Statutory Basis for, the Proposed Rule applicable to a national securities Change association.25 In particular, the BILLING CODE 8011–01–P Commission finds that the proposed 1. Purpose rule change is consistent with Section SECURITIES AND EXCHANGE The Exchange currently assesses per 26 15A(b)(6) of the Act. The proposal COMMISSION contract transaction fees and rebates to primarily reflects the changes imposed market participants that add or remove on FINRA’s rules by Sections 105(b) and [Release No. 34–68034; File No. SR–ISE– 2012–85] liquidity from the Exchange (‘‘maker/ 105(d) of the JOBS Act and thus is taker fees and rebates’’) in a number of primarily updating the language of Self-Regulatory Organizations; options classes (the ‘‘Select Symbols’’).3 NASD Rule 2711 and Incorporated International Securities Exchange, The Exchange’s maker/taker fees and NYSE Rule 472 to reflect that reality. LLC; Notice of Filing and Immediate rebates are applicable to regular and The one change not expressly mandated Effectiveness of Proposed Rule complex orders executed in the Select by the JOBS Act, removing the quiet Change To Amend Fees for Certain Symbols. The Exchange also currently periods regarding the secondary offering Complex Orders Executed on the assesses maker/taker fees and rebates for of the securities of EGCs and after the Exchange complex orders in symbols that are in expiration, termination, or waiver of a the Penny Pilot program but are not a lock-up regarding such securities, is October 11, 2012. Select Symbol (‘‘Non-Select Penny Pilot consistent with the purpose of the JOBS Pursuant to Section 19(b)(1) of the Symbols’’) 4 and in all symbols that are Act as part of an effort to improve Securities Exchange Act of 1934 (the not in the Penny Pilot Program (‘‘Non- communications with investors 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, Penny Pilot Symbols’’).5 The purpose of regarding EGCs. Furthermore, other notice is hereby given that on October this proposed rule change is to amend safeguards designed to protect the 1, 2012, the International Securities maker/taker fees and rebates for objectivity of research and provide Exchange, LLC (the ‘‘Exchange’’ or the complex orders in the Select Symbols, investors with more useful and reliable ‘‘ISE’’) filed with the Securities and Non-Select Penny Pilot Symbols and information remain in effect, including Exchange Commission (the Non-Penny Pilot Symbols. Regulation AC and the parts of NASD ‘‘Commission’’) the proposed rule Rule 2711 and Incorporated NYSE Rule For complex orders in the Select change as described in Items I, II, and Symbols (excluding SPY), the Exchange 472 not affected by these changes. III below, which items have been In its filing, FINRA has requested that currently charges a taker fee of: (i) $0.37 prepared by the self-regulatory per contract for Market Maker,6 Firm the Commission find good cause for organization. The Commission is approving the proposed rule change publishing this notice to solicit 3 Options classes subject to maker/taker fees are prior to the 30th day after publication in comments on the proposed rule change the Federal Register. FINRA cites as the identified by their ticker symbol on the Exchange’s from interested persons. Schedule of Fees. reason for this request is because the 4 See Exchange Act Release Nos. 65724 changes conforming to the JOBS Act I. Self-Regulatory Organization’s (November 10, 2011), 76 FR 71413 (November 17, have been effective since April 5, 2012 Statement of the Terms of Substance of 2011) (SR–ISE–2011–72); 66597 (March 14, 2012), and the additional proposed changes the Proposed Rule Change 77 FR 16295 (March 20, 2012) (SR–ISE–2012–17); further the policies underlying the 66961 (May 10, 2012), 77 FR 28914 (May 16, 2012) The ISE is proposing to amend (SR–ISE–2012–38); and 67628 (August 9, 2012), 77 applicable JOBS Act provision. transaction fees for certain complex FR 49049 (August 15, 2012) (SR–ISE–2012–71). The Commission finds good cause, orders executed on the Exchange. The 5 See Exchange Act Release Nos. 66084 (January pursuant to Section 19(b)(2) of the text of the proposed rule change is 3, 2012), 77 FR 1103 (January 9, 2012) (SR–ISE– 27 2011–84); 66392 (February 14, 2012), 77 FR 10016 Act, for approving the proposed rule available on the Exchange’s Web site change prior to the 30th day after the (February 21, 2012) (SR–ISE–2012–06); 66962 (May (http://www.ise.com), at the principal 10, 2012), 77 FR 28917 (May 16, 2012) (SR–ISE– office of the Exchange, and at the 2012–35); 67400 (July 11, 2012), 77 FR 42036 (July 25 In approving this rule change, the Commission Commission’s Public Reference Room. 17, 2012) (SR–ISE- 2012–63) and 67628 (August 9, notes that it has considered the proposed rule 2012), 77 FR 49049 (August 15, 2012) (SR–ISE– change’s impact on efficiency, competition, and 2012–71). capital formation. See 15 U.S.C. 78c(f). 28 17 CFR 200.30–3(a)(12). 6 The term ‘‘Market Makers’’ refers to 26 15 U.S.C. 78o–3(b)(6). 1 15 U.S.C. 78s(b)(1). ‘‘Competitive Market Makers’’ and ‘‘Primary Market 27 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Makers’’ collectively. See ISE Rule 100(a)(25).
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Proprietary/Broker-Dealer and For complex orders in the Non-Penny enhancement to the complex order Professional Customer 7 orders; and (ii) Pilot Symbols, the Exchange currently functionality, and in order to maintain $0.39 per contract for Non-ISE Market charges a taker fee of: (i) $0.80 per a competitive fee and rebate structure Maker 8 orders. Priority Customer 9 contract for Market Maker, Firm for Priority Customer orders, the orders are not charged a taker fee for Proprietary/Broker-Dealer and Exchange has adopted maker fees that complex orders in the Select Symbols Professional Customer orders, and (ii) apply to transactions in the complex (excluding SPY). The Exchange now $0.83 per contract for Non-ISE Market order book when they interact with proposes to increase the complex order Maker orders. Priority Customer orders Priority Customer orders in options taker fee in the Select Symbols are not charged a taker fee for complex overlying AA, ABX, EFA, GLD, MSFT, (excluding SPY) to $0.39 per contract orders in the Non-Penny Pilot Symbols. MU, NVDA, VXX, VZ, WFC, XLB and for Firm Proprietary/Broker-Dealer and The Exchange now proposes to increase XOP (‘‘Complex Quoting Symbols’’). Professional Customer orders. The the complex order taker fee in the Non- Specifically, the Exchange currently Exchange is not proposing any change Penny Pilot Symbols to $0.83 per charges a maker fee of $0.37 per contract to the complex order taker fee in the contract for Firm Proprietary/Broker- for Market Maker, Non-ISE Market Select Symbols (excluding SPY) for Dealer and Professional Customer Maker, Firm Proprietary/Broker-Dealer Market Maker, Non-ISE Market Maker orders. The Exchange is not proposing and Professional Customer orders when and Priority Customer orders. any change to the complex order taker these orders interact with Priority For complex orders in SPY, the fee in the Non-Penny Pilot Symbols for Customer orders in the Complex Exchange currently charges a taker fee Market Maker, Non-ISE Market Maker Quoting Symbols. Priority Customer of: (i) $0.38 per contract for Market and Priority Customer orders. orders in the Complex Quoting Symbols Maker, Firm Proprietary/Broker-Dealer For Responses to Crossing Orders 10 in that trade in the complex order book are and Professional Customer orders, and the Non-Penny Pilot Symbols, ISE not charged a fee and do not receive a (ii) $0.40 per contract for Non-ISE currently charges $0.73 per contract for rebate when interacting with other Market Maker Orders. Priority Customer Market Maker, Firm Proprietary/Broker- Priority Customer orders. orders are not charged a taker fee for Dealer and Professional Customer complex orders in SPY. The Exchange orders. For Non-ISE Market Maker The Exchange now proposes to now proposes to increase the complex orders, this fee is currently $0.78 per increase the maker fee for Non-ISE order taker fee in SPY to $0.40 per contract. The Exchange now proposes to Market Maker, Firm Proprietary/Broker- contract for Firm Proprietary/Broker- increase the fee for Responses to Dealer and Professional Customer orders Dealer and Professional Customer Crossing Orders for Non-Penny Pilot in the Complex Quoting Symbols from orders. The Exchange is not proposing Symbols to $0.80 per contract for $0.37 per contract to $0.39 per contract any change to the complex order taker Market Maker Orders, and to $0.83 per when these orders interact with Priority fee in SPY for Market Maker, Non-ISE contract to Firm Proprietary/Broker- Customer orders in the complex order Market Maker and Priority Customer Dealer, Professional Customer and Non- book. The Exchange does not propose orders. ISE Market Maker orders. any change to fees for Market Maker and For complex orders in the Non-Select Additionally, the Exchange provides Priority Customer orders in the Complex Penny Pilot Symbols, the Exchange Market Makers with a two cent discount Quoting Symbols that trade in the currently charges a taker fee of: (i) $0.37 when trading against Priority Customer complex order book. Additionally, as per contract for Market Maker, Firm orders that are preferenced to them. noted above, the Exchange provides Proprietary/Broker-Dealer and This discount is applicable when Market Makers with a two cent discount Professional Customer orders; and (ii) Market Makers remove liquidity in the when trading against Priority Customer $0.39 per contract for Non-ISE Market Select Symbols, SPY, Non-Select Penny orders that are preferenced to them. For Maker orders. Priority Customer orders Pilot Symbols and Non-Penny Pilot Complex Quoting Symbols, this are not charged a taker fee for complex Symbols from the complex order book. discount is applicable when Market orders in the Non-Select Penny Pilot Market Makers that remove liquidity Makers add or remove liquidity from the Symbols. The Exchange now proposes from the complex order book by trading complex order book. The Exchange does to increase the complex order taker fee against Priority Customer orders that are not propose any change to this discount. in the Non-Select Penny Pilot Symbols preferenced to them will be charged: (i) As such, Market Makers will continue to to $0.39 per contract for Firm $0.35 per contract in the Select receive the two cent discount. Proprietary/Broker-Dealer and Symbols; (ii) $0.36 per contract in SPY; Professional Customer orders. The (iii) $0.35 per contract in the Non-Select 2. Statutory Basis Penny Pilot Symbols; and (iv) $0.78 per Exchange is not proposing any change The Exchange believes that its to the complex order taker fee in the contract in the Non-Penny Pilot Symbols Select Symbols. proposal to amend its Schedule of Fees Non-Select Penny Pilot Symbols for is consistent with Section 6(b) of the Market Maker, Non-ISE Market Maker Finally, the Exchange currently Exchange Act 12 in general, and furthers and Priority Customer orders. allows Market Makers to enter quotations for complex order strategies the objectives of Section 6(b)(4) of the 11 Exchange Act 13 in particular, in that it 7 A Professional Customer is a person who is not in the complex order book. Given this a broker/dealer and is not a Priority Customer. is an equitable allocation of reasonable 8 A Non-ISE Market Maker, or Far Away Market 10 A Response to a Crossing Order (other than dues, fees and other charges among Maker (‘‘FARMM’’), is a market maker as defined Regular Orders in Non-Select Penny Pilot Symbols) Exchange members and other persons in Section 3(a)(38) of the Securities Exchange Act is any contra-side interest submitted after the using its facilities. The impact of the of 1934, as amended (‘‘Exchange Act’’), registered commencement of an auction in the Exchange’s in the same options class on another options Facilitation Mechanism, Solicited Order proposal upon the net fees paid by a exchange. Mechanism, Block Order Mechanism or PIM. See particular market participant will 9 A Priority Customer is defined in ISE Rule ISE Schedule of Fees, Preface. The term Response depend on a number of variables, most 100(a)(37A) as a person or entity that is not a to Crossing Orders was recently amended. See SR– important of which will be its broker/dealer in securities, and does not place more ISE–2012–73. than 390 orders in listed options per day on average 11 See Securities Exchange Act Release No. 65548 during a calendar month for its own beneficial (October 13, 2011), 76 FR 64980 (October 19, 2011) 12 15 U.S.C. 78f(b). account(s). (SR–ISE–2011–39). 13 15 U.S.C. 78f(b)(4).
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propensity to interact with and respond proposed fee change, the Exchange will III. Date of Effectiveness of the to certain types of orders. continue to maintain a two cent Proposed Rule Change and Timing for The Exchange believes it is reasonable differential that was previously in place. Commission Action and equitable to charge Firm The complex order pricing employed The foregoing rule change has become Proprietary/Broker-Dealer and by the Exchange has proven to be an effective pursuant to Section Professional Customer orders a taker fee effective pricing mechanism and 19(b)(3)(A)(ii) of the Act.15 At any time of $0.39 per contract for complex orders attractive to Exchange participants and within 60 days of the filing of such in the Select Symbols and Non-Select their customers. The Exchange believes proposed rule change, the Commission Penny Pilot Symbols, $0.40 per contract that this proposed rule change will summarily may temporarily suspend in SPY and $0.83 per contract in Non- continue to attract additional complex Penny Pilot Symbols because the such rule change if it appears to the order business while at the same time Commission that such action is Exchange is seeking to recoup the cost create a certain level of standardization associated with paying increased rebates necessary or appropriate in the public in complex order pricing across symbols interest, for the protection of investors, for Priority Customer complex orders. that make up the majority of the daily The Exchange believes the proposed or otherwise in furtherance of the volume in options trading. With this purposes of the Act. If the Commission fees are also reasonable and equitably proposed rule change, the Exchange is allocated because they are within the takes such action, the Commission shall standardizing the complex order taker institute proceedings to determine range of fees assessed by other fee for Non-ISE Market Maker, Firm exchanges employing similar pricing whether the proposed rule should be Proprietary/Broker-Dealer and approved or disapproved. schemes and in some cases, is lower Professional Customer orders in the that the fees assessed by other Select Symbols, SPY, Non-Select Penny IV. Solicitation of Comments exchanges. For example, NASDAQ Pilot Symbols and Non-Penny Pilot Interested persons are invited to OMX PHLX, Inc. (‘‘PHLX’’) currently Symbols. With this proposed rule charges $0.45 and $0.60 per contract for submit written data, views, and change, the Exchange is also arguments concerning the foregoing, Firm and Broker Dealer orders, standardizing the fee for Responses to respectively, for non-Penny Pilot including whether the proposed rule Crossing Orders for Non-ISE Market change is consistent with the Act. symbols traded electronically on that Maker, Firm Proprietary/Broker-Dealer exchange.14 Therefore, while ISE is Comments may be submitted by any of and Professional Customer orders in the the following methods: proposing a fee increase for Firm Non-Penny Pilot Symbols. Proprietary/Broker-Dealer and The Exchange further believes that the Electronic Comments Professional Customer orders, the • resulting fee remains lower than the fee Exchange’s maker/taker fees are not Use the Commission’s Internet charged by PHLX for similar orders. unfairly discriminatory because the fee comment form (http://www.sec.gov/ structure is consistent with fee rules/sro.shtml); or The Exchange believes it is reasonable • and equitable to charge a fee of $0.80 structures that exist today at other Send an email to rule- per contract for Market Maker orders options exchanges. Additionally, the [email protected]. Please include File ($0.83 per contract for Non-ISE Market Exchange believes that the proposed Number SR–ISE–2012–85 on the subject Maker, Firm Proprietary/Broker-Dealer fees are fair, equitable and not unfairly line. discriminatory because the proposed and Professional Customer orders) when Paper Comments fees are consistent with price such members are responding to • crossing orders because a response to a differentiation that exists today at other Send paper comments in triplicate crossing order is akin to taking liquidity, option exchanges. The Exchange to Elizabeth M. Murphy, Secretary, thus the Exchange is proposing to adopt operates in a highly competitive market Securities and Exchange Commission, an identical fee for Responses to in which market participants can 100 F Street NE., Washington, DC Crossing Orders in the Non-Penny Pilot readily direct order flow to another 20549–1090. Symbols as that for taking liquidity in exchange if they deem fee levels at a All submissions should refer to File these symbols. particular exchange to be excessive. Number SR–ISE–2012–85. This file The Exchange believes that it is With this proposed fee change, the number should be included on the reasonable and equitable to provide a Exchange believes it remains an subject line if email is used. To help the two cent discount to Market Makers on attractive venue for market participants Commission process and review your preferenced orders as an incentive for to trade complex orders. comments more efficiently, please use them to quote in the complex order B. Self-Regulatory Organization’s only one method. The Commission will book. Accordingly, Market Makers that Statement on Burden on Competition post all comments on the Commission’s remove liquidity from the complex Internet Web site (http://www.sec.gov/ order book by trading against Priority The proposed rule change does not rules/sro.shtml). Copies of the Customer orders that are preferenced to impose any burden on competition that submission, all subsequent them will be charged: (i) $0.35 per is not necessary or appropriate in amendments, all written statements contract in the Select Symbols; (ii) $0.36 furtherance of the purposes of the Act. with respect to the proposed rule per contract in SPY; (iii) $0.35 per C. Self-Regulatory Organization’s change that are filed with the contract in the Non-Select Penny Pilot Statement on Comments on the Commission, and all written Symbols; and (iv) $0.78 per contract in Proposed Rule Change Received From communications relating to the the Non-Penny Pilot Symbols Select Members, Participants, or Others proposed rule change between the Symbols. ISE notes that with this Commission and any person, other than The Exchange has not solicited, and those that may be withheld from the 14 See NASDAQ OMX PHLX LLC Pricing does not intend to solicit, comments on public in accordance with the Schedule at http://nasdaqomxphlx.cchwallstreet. this proposed rule change. The provisions of 5 U.S.C. 552, will be com/NASDAQOMXPHLXTools/PlatformViewer. asp?selectednode=chp%5F1%5F4%5F1&manual= Exchange has not received any available for Web site viewing and %2Fnasdaqomxphlx%2Fphlx%2Fphlx%2 unsolicited written comments from Drulesbrd%2F. members or other interested parties. 15 15 U.S.C. 78s(b)(3)(A)(ii).
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printing in the Commission’s Public to issuers of equity securities listed on compensation adviser requirements. On Reference Room, 100 F Street NE., the Exchange as required by the June 20, 2012, the SEC adopted Rule Washington, DC 20549, on official provisions of Section 952 of the Dodd- 10C–1 to implement the requirements of business days between the hours of Frank Wall Street Reform and Consumer Section 10C, which directs the national 10:00 a.m. and 3:00 p.m. Copies of the Protection Act of 2010 (the ‘‘Dodd-Frank securities exchanges to adopt listing filing also will be available for Act’’), which added Section 10C to the rules effectuating the compensation inspection and copying at the principal Securities Exchange Act of 1934, as committee and compensation adviser office of the Exchange. All comments amended (‘‘Exchange Act’’), and requirements of Section 10C.5 received will be posted without change; Exchange Act Rule 10C–1 which The Exchange is proposing to amend the Commission does not edit personal implements these requirements. NSX Rule 15.5 in accordance with identifying information from The text of the proposed rule change Exchange Act Rule 10C–1 to: (i) Prohibit submissions. You should submit only is available on the Exchange’s Web site the listing or continued listing of an information that you wish to make at http://www.nsx.com, at the principal equity security for a listed company that available publicly. All submissions office of the Exchange, and at the is not in compliance with the should refer to File Number SR–ISE– Commission’s Public Reference Room. requirements set forth in NSX Rule 15.5, 2012–85 and should be submitted on or II. Self-Regulatory Organization’s (ii) clarify the definition of before November 7, 2012. Statement of the Purpose of, and ‘‘independence’’ as applicable to For the Commission, by the Division of Statutory Basis for, the Proposed Rule members of the ‘‘compensation Trading and Markets, pursuant to delegated Change committee’’, (iii) clarify the definition of authority.16 the term compensation committee as Kevin M. O’Neill, In its filing with the Commission, the used in NSX Rule 15.5, (iv) authorize Exchange included statements Deputy Secretary. the compensation committee to retain, concerning the purpose of and basis for compensate and oversee the work of the [FR Doc. 2012–25498 Filed 10–16–12; 8:45 am] the proposed rule change and discussed BILLING CODE 8011–01–P compensation advisers, and (v) require any comments it received on the a compensation committee to consider proposed rule change. The text of these the independence of a compensation statements may be examined at the SECURITIES AND EXCHANGE adviser prior to retaining their services. places specified in Item IV below. The COMMISSION Exchange has prepared summaries, set Composition of Compensation [Release No. 34–68039; File No. SR–NSX– forth in sections A, B, and C below, of Committees 2012–15] the most significant parts of such Section 10C(a)(1) of the Exchange Act statements. Self-Regulatory Organizations; required the Commission to adopt rules National Stock Exchange, Inc.; Notice A. Self-Regulatory Organization’s directing each national securities of Filing of Proposed Rule Change and Statement of the Purpose of, and exchange registered under Section 6 of Amendment No. 1 Thereto Amending Statutory Basis for, the Proposed Rule the Exchange Act, and certain national NSX Rule 15.5 To Comply With the Change securities associations registered pursuant to Section 15A of the Requirements of Exchange Act Rule 1. Purpose 10C–1 Exchange Act, to establish listing This Amendment No. 1 to SR–NSX– standards requiring a listed company’s October 11, 2012. 2012–15 (the ‘‘Filing’’) amends and compensation committee to be Pursuant to Section 19(b)(1) of the replaces in its entirety the Filing as comprised of independent members of Securities Exchange Act of 1934 (the originally submitted on September 26, the board of directors. Section 10C(a)(3) ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 2012. The Exchange is proposing of the Exchange Act and Exchange Act notice is hereby given that on Amendment No. 1 to (i) reflect the Rule 10C–1(b) require Exchanges to September 26, 2012, National Stock approval of the Filing by the Executive adopt an independence standard for ® Exchange, Inc. (‘‘NSX ’’ or the Committee of the Exchange’s Board of members of a compensation committee ‘‘Exchange’’) filed with the Securities Directors and the Regulatory Oversight after considering the following factors: and Exchange Commission Committee, (ii) amend the rule text to (i) The director’s source of (‘‘Commission’’) the proposed rule propose transition periods under NSX compensation including fees derived change, as described in Items I, II, and Rule 15.5(b), and add corresponding from consulting or other advisory or III below, which filing was amended language to the Purpose section, (iii) compensatory fees paid by the listed and replaced in its entirety by propose to exempt small business [sic] company to the director and listed Amendment No. 1 on October 10, 2012, as defined under Exchange Act Rule company (ii) whether the director is which Items have been prepared by the 12b–2 and clarify [sic] basis for other affiliated with the listed company, a Exchange. The Commission is proposed exemptions to NSX Rule 15.5 subsidiary of the listed company, or an publishing this notice to solicit and (iv) remedy editorial affiliate of a subsidiary of the listed comment on the proposed rule change inconsistencies in the rule text. [sic] company. 3 from interested persons. The Dodd-Frank Act added Section NSX Rule 15.5 ‘‘Other Listing 10C to the Exchange Act.4 Section 10C I. Self-Regulatory Organization’s Standards’’ currently requires listed requires the Commission to adopt rules companies to have a compensation Statement of the Terms of the Substance directing the national securities of the Proposed Rule Change committee that is composed entirely of exchanges and national securities independent directors. The Exchange The Exchange is proposing to amend associations to prohibit the listing of now proposes to amend paragraph (a) of NSX Rule 15.5 to incorporate additional any equity security of an issuer that is Rule 15.5 6 in accordance with Exchange listing standard requirements applicable not in compliance with Section 10C’s compensation committee and 5 Release Nos. 33–9330; 34–67220 (June 20, 2012); 16 17 CFR 200.30–3(a)(12). 77 FR 38422 (June 27, 2012) (‘‘Adopting Release’’). 1 15 U.S.C. 78s(b)(1). 3 Public Law 111–203, 124 Stat. 1900 (2010). 6 The Commission notes that the reference to 2 17 CFR 240.19b–4. 4 15 U.S.C. 78j–3. paragraph (a) is incorrect as there have been no
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Act Rule 10C–1 to prohibit the listing or compensation committee. However, the in order to ensure that the compensation continued listing of any equity security compensation committee must consider, committee’s decisions are not of a listed company that is not in prior to retaining the Compensation inappropriately biased towards the compliance with the listing Adviser, independence factors that are listed company’s management. consistent with Exchange Act Rule 10C– requirements set forth in NSX Rule 15.5 Compensation Committee Funding [sic]. The Exchange has defined a 1(b)(4) including: (i) Whether the compensation committee in NSX Rule Compensation Adviser’s employer The Exchange is proposing to add 15.5(d) as ‘‘a committee that oversees provides other services to the listed paragraph (c) under NSX Rule 15.5(d)(5) executive compensation, whether or not company; (ii) the amount of fees the which requires each listed company to such committee performs other listed company has paid to the provide the compensation committee functions or is formally designated as a Compensation Adviser’s employer as a with appropriate funding for the compensation committee.’’ percentage of the total revenue of the reasonable compensation of The Exchange’s amendments also person that employs the Compensation Compensation Advisers retained by the clarify the definition of ‘‘independence’’ Advisor; (iii) the policies and compensation committee. The level of as it pertains to members of the procedures designed to prevent conflicts appropriate funding and compensation compensation committee in NSX Rule of interest of the person that employs is determined by the compensation 15.5(d)(5)(a) by expressly enumerating the Compensation Adviser; (iv) any committee. relevant factors that a listed company’s business or personal relationship Exempted Listed Companies between compensation committee board of directors must consider 8 including (i) the source of compensation member and the Compensation Adviser; Exchange Act Rule 10C–1(b)(5) of a member of the compensation (v) whether the Compensation Adviser provides an automatic exemption from committee, including any consulting owns any of the listed company’s stock; the application of the entirety of [sic] advisory or other compensatory fee and (vi) any business or personal Exchange Act Rule 10C–1 for controlled paid by the listed company to such relationship between the Compensation companies and smaller reporting Adviser or the Compensation Adviser’s companies, and Exchange Act Rule member, and (ii) whether a member of 9 the compensation committee is employer and any executive officer of 10C–1(b)(1)(iii)(A) provides an affiliated with the listed company, a the listed company. automatic exemption from the subsidiary of the listed company or an The Exchange is proposing to amend compensation committee independence affiliate of a subsidiary of the listed NSX Rule 15.5(d)(5)(i)(b) [sic] to require requirements for limited partnerships, company. The Exchange believes this the compensation committee’s written companies in bankruptcy, open-end requirement will benefit investors by charter to authorize the compensation management investment companies ensuring that the members of the committee in its sole discretion, to (i) registered under the Investment company’s compensation committee retain a Compensation Adviser but only Company Act of 1940 (‘‘1940 Act’’). that oversees executive compensation after considering certain factors Exchange Act Rule 10C–1(b)(1)(iii)(A) are not subject to conflicts of interest. regarding independence, and (ii) have also exempts from the compensation direct responsibility for the committee independence requirements Authority of Compensation Committee appointment, compensation and any foreign private issuer that discloses To Retain Advisers oversight of the work performed by any in its annual report filed with the SEC Section 10C(f) of the Exchange Act Compensation Adviser on behalf of the the reasons that the foreign private also required the Commission to adopt compensation committee. issuer does not have an independent rules directing the national securities The Exchange also proposes to add compensation committee and [sic] any exchanges to establish listing standards NSX Rule 15.5(d)(5)(b)(i)(F) which will small business or small organization as which provide a compensation require a compensation committee to defined by Exchange Act Rule 12b–2 committee with the authority, in its sole consider the independence factors set [sic].10 discretion, to hire compensation forth in Exchange Act Rule 10C–1(b)(4) The Exchange proposes that its consultants or outside legal counsel prior to retaining a Compensation existing exemptions from the (‘‘Compensation Advisers’’). The Advisor including: (i) Whether the compensation-related listing rules compensation committee may only Compensation Adviser’s employer remain unchanged. The Exchange’s retain the Compensation Adviser after provides other services to the listed current listing rules provide exemptions considering certain independence company; (ii) the amount of fees the for; (i) controlled companies; (ii) limited factors.7 listed company has paid to the partnerships and companies in Exchange Act Rule 10C–1(b)(2) Compensation Adviser’s employer as a bankruptcy; (iii) closed-end and open- provides that the compensation percentage of the total revenue of the end funds registered under the 1940 committee must be directly responsible person that employs the Compensation Act; (iv) passive business organizations for the appointment, compensation and Advisor; (iii) the policies and in the form of trusts (such as royalty oversight of the work of any procedures designed to prevent conflicts trusts), derivatives and special purpose of interest of the person that employs Compensation Adviser retained by the securities (such as those described in the Compensation Adviser; (iv) any compensation committee. Exchange Act NSX Rule 15.5(a)(1)), and issuers whose business or personal relationship Rule 10C–1(b)(3) also requires the listed only listed equity security is a preferred between compensation committee company to provide appropriate stock. The Exchange notes that these member and the Compensation Adviser; funding, as determined by the categories of issuers typically: (i) Are (v) whether the Compensation Adviser compensation committee, for payment externally managed and do not directly owns any of the listed company’s stock; of reasonable compensation to such employ executives (e.g., limited and (vi) any business or personal Compensation Adviser retained by the partnerships that are managed by their relationship between the Compensation general partner or closed-end funds Adviser or the Compensation Adviser’s changes to paragraph (a). Further, the Commission notes that the changes are contained in Rule employer and any executive officer of 8 17 CFR 240.10C–1(b)(5). 15.5(d). the listed company. The Exchange finds 9 17 CFR 240.10C–1(b)(1)(iii)(A). 7 17 CFR 240.10C–1(b)(4). these proposed changes are appropriate 10 17 CFR 240.12b–2.
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managed by an external investment Exchange proposes to adopt a new delisting procedures set forth in adviser); (ii) do not by their nature have transition provision applicable to Exchange Rule 15.7 unless the employees (e.g., passive business companies that cease to be smaller deficiencies are cured within forty-five organizations in the form of trusts or reporting companies and become days from the date of notification by the issuers of derivative or special purpose subject to the compensation committee Exchange. However, if a member of the securities); or (iii) have executive independence requirements of proposed Compensation committee ceases to be compensation policy set by a body other NSX Rule 15.5(d)(5).15 As proposed, a independent for reasons outside of the than the board (e.g., bankrupt company that ceases to be a smaller member’s control, that person, with companies have their executive reporting company would be required, if notice by the listed company to the compensation determined by the applicable, (i) to have a committee Exchange may remain a Compensation bankruptcy court). In light of these composed entirely of members that meet committee member of the listed structural reasons why these categories the independence requirements of company until the earlier of the next of issuers generally do not have proposed NSX Rule 15.5(d)(5) within annual shareholders’ meeting of the compensation committees, the Exchange six months of the Smaller Reporting listed company or one year from the believes that it would be a significant Company Determination Date and (ii) to occurrence of the event that caused the and unnecessarily burdensome comply with NSX Rule 15.5(d)(i)(F) [sic] member to be no longer independent. alteration in their governance structures as of the Smaller Reporting Company The proposed changes are intended to to require them to comply with the Determination Date. benefit investors by (a) requiring proposed new requirements and that it independent directors of a listed is appropriate to grant them an Transition Periods companies to oversee executive exemption. The Adopting Release contemplates compensation matters, (b) consider the The Exchange currently does not that exchanges may provide transition independence of any adviser to the require issuers whose only listed periods through the exemptive authority compensation committee prior to security is a preferred stock to comply provided to the exchanges under retention, and (c) be responsible for the with NSX Rule 15.5.11 The Exchange Exchange Act Rule 10C–1(b)(1)(iii).16 appointment, compensation, and proposes to continue to exempt these Consistent with the transition periods oversight of these advisers. issuers from compliance with the approved by the SEC for inclusion in 2. Statutory Basis proposed amended rule. The Exchange Rule 15.5 at the time of its original believes this approach is appropriate adoption,17 the Exchange proposes to The Exchange believes the proposed because holders of listed preferred stock amend NSX Rule 15.5(b) to provide that rule change is consistent with the have significantly greater protections listed companies would have until the Exchange Act and the rules and with respect to their rights to receive earlier of their first annual meeting after regulations thereunder applicable to the dividends and a liquidation preference January 15, 2014, or October 31, 2014, Exchange and, in particular, the upon dissolution of the issuer, and to comply with the new NSX Rule requirements of Section 10C of the 18 preferred stocks are typically regarded 15.5(d)(5) compensation committees Exchange Act. The statutory basis for by investors as a fixed income independence standards. Existing the proposed rule change is Section 6 of investment comparable to debt compensation committee independence the Securities Exchange Act of 1934 (the 19 securities, the issuers of which are standards would continue to apply ‘‘Act’’) in general, which requires the exempt from compliance with Exchange pending the transition to the new rules of an exchange to prevent Act Rule 10C–1. independence standards. The Exchange fraudulent and manipulative acts and While Exchange Act Rule 10C–1 believes that its prior use of a similar practices, to promote just and equitable exempts Smaller Reporting Companies transition period was satisfactory and principles of trade, to remove from all of its requirements, Nasdaq’s that it is reasonable to follow the same impediments to and perfect the [sic] current listing rules do not include approach in connection with the mechanism of a free and open market any such exemptions.12 Consistent with proposed changes to the compensation and a national market system and, in the exemption in Exchange Act Rule committee independence standards. general, to protect investors and the 10C–1, however, The Exchange public interest. In addition, the proposes to exempt smaller reporting Opportunity To Cure Defects Exchange believes the proposed rule companies 13 from compliance with the As permitted under Exchange Act change is consistent with Exchange Act proposed new independence Rule 10C–1(a)(3), the Exchange is Rules 10C–1(b)(1), 10C–1(b)(4) and 10C– requirements with respect to amending Rule 15.5(d)(5)(d) to provide 1(b)(2)(ii) 20 requiring that the rules of compensation committee service.14 listed companies with a reasonable an exchange: provide specific director Under SEC Rule 12b–2, a smaller opportunity to cure any non-compliance independence standards; supply reporting company is required to test with the Rule’s compensation governing standards regarding the whether it continues to qualify for that committee listing requirements that responsibility of a compensation status as of the last business day of its could result in a delisting of the listed committee for the appointment, second quarter of each fiscal year (the company’s securities. As outlined in the supervision, and compensation of ‘‘Smaller Reporting Company proposed rule changes, listed companies compensation consultants and advisers; Determination Date’’) and ceases as of that fail to comply with the and apply these standards to any the first day of the next fiscal year to be requirements will be subject to the directors who oversee compensation able to avail itself of the benefits under matters, in the absence of a formal SEC rules applicable to smaller 15 A company that is otherwise exempt from the compensation committee, on behalf of reporting companies. Consequently, the requirement to have an independent compensation the board of directors. committee when it ceases to be a smaller reporting In particular, the proposed rule company would not, of course, be subject to a 11 NSX Rule 15.5(a)(2). transition period. See discussion infra. change will benefit investors by 12 See 17 CFR 240.10C–1(b)(5)(ii). 16 See Adopting Release at 38444. 13 As defined in SEC Rule 12b–2 and Item 10(f) 17 See Securities Exchange Act Release No. 51691 18 15 U.S.C. 78j–3. of Regulation S–K. (May 12, 2005), 70 FR 28973 (May 19, 2005) (SR– 19 15 U.S.C. 78fb–5. 14 NSX Rule 15.5(d)(5)(e). CSE–2003–06). 20 17 CFR 240.10C–1(b)(1), (b)(4) and (b)(2)(ii).
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requiring that the independent directors them to comply with the proposed new Internet Web site (http://www.sec.gov/ of a listed company oversee executive requirements. rules/sro.shtml). Copies of the compensation matters, consider uniform submission, all subsequent B. Self-Regulatory Organization’s independence criteria before hiring amendments, all written statements Statement on Burden on Competition Compensation Advisers, and have the with respect to the proposed rule authority to supervise, retain and The Exchange does not believe that change that are filed with the compensate these advisers. By the proposed rule change will impose Commission, and all written implementing Section 10C in such a any inappropriate burden on communications relating to the manner, the proposed amended rule competition. proposed rule change between the does not allow listed companies to C. Self-Regulatory Organization’s Commission and any person, other than avoid the listing standards by not Statement on Comments on the those that may be withheld from the having a specific compensation Proposed Rule Change Received From public in accordance with the committee or another committee that Members, Participants, or Others provisions of 5 U.S.C. 552, will be performs similar functions. available for Web site viewing and Written comments on the proposed The proposed rule change is non- printing in the Commission’s Public rule change were neither solicited nor discriminatory and is applicable to all Reference Room on official business received. listed companies on the Exchange, days between the hours of 10:00 a.m. unless specifically exempted under III. Date of Effectiveness of the and 3:00 p.m. Copies of such filing also proposed Rule 15.5(a) and 15.5(d)(5)(e). Proposed Rule Change and Timing for will be available for inspection and The Exchange believes that the general Commission Action copying at the principal offices of the exemptions from the proposed Exchange. All comments received will Within 45 days of the date of be posted without change; the requirements that it is granting to publication of this notice in the Federal foreign private issuers and smaller Commission does not edit personal Register or within such longer period (i) identifying information from reporting companies are consistent with as the Commission may designate up to Section 10C and Rule 10C–1, for the submissions. You should submit only 90 days of such date if it finds such information that you wish to make reasons stated above in the ‘‘Purpose’’ longer period to be appropriate and section, including because (i) Rule 10C– available publicly. All submissions publishes its reasons for so finding or should refer to File Number SR–NSX– 1(b)(5)(ii) explicitly exempts smaller (ii) as to which the self-regulatory reporting companies and (ii) foreign 2012–15, and should be submitted on or organization consents, the Commission before November 7, 2012. private issuers will comply with their will: home country law and, if they avail (A) By order approve the proposed For the Commission, by the Division of themselves of the exemption, will be rule change, or Trading and Markets, pursuant to delegated 21 required to disclose that fact under (B) Institute proceedings to determine authority. existing Exchange listing requirements. whether the proposed rule change Kevin M. O’Neill, The Exchange believes it is an should be disapproved. Deputy Secretary. appropriate use of its exemptive [FR Doc. 2012–25433 Filed 10–16–12; 8:45 am] IV. Solicitation of Comments authority under Exchange Act Rule BILLING CODE 8011–01–P 10C–1(b)(5)(i), and that it is not unfairly Interested persons are invited to discriminatory under Section 6(b)(5) of submit written data, views, and the Act, to provide general exemptions arguments concerning the foregoing, OFFICE OF THE UNITED STATES under the proposed rules to issuers including whether the proposed rule TRADE REPRESENTATIVE whose only listed class of equity change is consistent with the Act. securities on the Exchange is a preferred Comments may be submitted by any of [Dispute No. WTO/DS450] stock, as holders of listed preferred the following methods: stock have significantly greater WTO Dispute Settlement Proceeding protections with respect to their rights Electronic Comments Regarding China—Certain Measures to receive dividends and a liquidation • Use the Commission’s Internet Affecting the Automobile and preference upon dissolution of the comment form (http://www.sec.gov/ Automobile-Parts Industries issuer, and preferred stocks are typically rules/sro.shtml); or AGENCY: Office of the United States regarded by investors as a fixed income • Send an email to rule- Trade Representative. investment comparable to debt [email protected]. Please include File ACTION: Notice; request for comments. securities, the issuers of which are Number SR–NSX–2012–15 on the exempt from compliance with Exchange subject line. SUMMARY: The Office of the United Act Rule 10C–1. The Exchange believes Paper Comments States Trade Representative (AUSTR@) that it is an appropriate use of its is providing notice that on September exemptive authority under Rule 10C– • Send paper comments in triplicate 17, 2012, the United States requested 1(b)(5)(i), and that it is not unfairly to Elizabeth M. Murphy, Secretary, consultations with the People’s discriminatory under Section 6(b)(5) of Securities and Exchange Commission, Republic of China (‘‘China’’) under the the Act, to provide general exemptions 100 F Street NE., Washington, DC Marrakesh Agreement Establishing the under the proposed rules for all of the 20549–1090. World Trade Organization (‘‘WTO other categories of issuers that are not All submissions should refer to File Agreement’’) concerning certain currently subject to the Exchange’s Number SR–NSX–2012–15. This file measures that appear to provide compensation committee requirement, number should be included on the subsidies such as grants, loans, forgone for the structural reasons discussed in subject line if email is used. To help the government revenue, the provision of the ‘‘Purpose’’ section and because it Commission process and review your goods and services, and other incentives would be a significant and comments more efficiently, please use contingent upon export performance to unnecessarily burdensome alteration in only one method. The Commission will their governance structures to require post all comments on the Commission’s 21 17 CFR 200.30–3(a)(12).
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automobile and automobile-parts contingent subsidies that China appears General Office Notice on Automobile enterprises in China. These measures to provide through a program Industry Restructuring and appear to be prohibited subsidies that establishing ‘‘export bases’’ for the Revitalization Planning (for planning are inconsistent with China’s automobile and automobile-parts period 2009–2011); Notice on obligations under Article 3 of the industries within China. China appears Implementation of Online Application Agreement on Subsidies and to provide export-contingent subsidies for the Central Foreign Trade Countervailing Measures (‘‘SCM to the automobile and automobile-parts Development Fund; Opinions of Agreement’’). In addition, it appears that enterprises that are located in these MOFCOM, NDRC, MIIT, MOF, Customs China has failed to comply with its ‘‘export bases’’ or that are designated as and AQSIQ on Enhancing the transparency obligations under the ‘‘export base’’ enterprises. To date, it Sustainable and Healthy Development WTO Agreement. The consultation appears that China has created of the Export of Automobile Products of request may be found at www.wto.org automobile and automobile-parts China; Notice of Examination Results of contained in a document designated as ‘‘export bases’’ in the following twelve the National Automobile and WT/DS450/1. USTR invites written municipalities: Wuhan, Tianjin, Automobile Parts Export Bases; comments from the public concerning Chongqing, Shanghai, Guangzhou, Opinions on Promoting the Continued the issues raised in this dispute. Hefei, Wuhu, Xiamen, Taizhou, Healthy Development of DATES: Although USTR will accept any Changchun, Baoding, Liuzhou, as well Electromechanical Exports During the comments received during the course of as in other localities in the provinces of 12th Five-Year Plan; Notice of the dispute settlement proceedings, Jiangsu, Shandong, Shanxi, Henan, MOFCOM and NDRC on Issuing the comments should be submitted on or Inner Mongolia, Heilongjiang, Liaoning, Measures for the Administration of before November 12, 2012, to be assured Hunan, Zhejiang, Yunnan, Guangdong, National Export Bases of Automobiles of timely consideration by USTR. Fujian, Anhui, and Beijing city. and Parts and Components (Revised ADDRESSES: Public comments should be In its request for consultations, the Draft); MOFCOM, NDRC Accreditation submitted electronically to United States identified measures that and Assessment of Automobiles and www.regulations.gov, docket number appear to provide the subsidies through Automobile Parts Export Bases (Draft for USTR–2012–0030. If you are unable to China’s automobile and automobile- Comment); MOF and MOFCOM Notice provide submissions by parts ‘‘export bases’’ that include, but Regarding Sound Management of the www.regulations.gov, please contact are not limited to, the following legal 2011 Foreign Trade Common Services Sandy McKinzy at (202) 395–9483 to instruments, operating separately or Platform Establishment Fund; MOF and arrange for an alternative method of collectively, as well as any MOFCOM Notice Regarding the Sound transmission. amendments, or related, successor, Management of the 2010 Common If (as explained below) the comment replacement, or implementing Services Platform Establishment Fund; contains confidential information, then measures: Policy on Development of MOF Notice Regarding Arranging the the comment should be submitted by Automotive Industry; Policies for 2011 Foreign Trade Common Services fax only to Sandy McKinzy at (202) Automobile Trade; Notice Regarding Platform Establishment Fund; 395–3640. Application for National Automobile MOFCOM and MOF Notice on FOR FURTHER INFORMATION CONTACT: and Automobile Parts Export Base Management of Funds To Maintain the Robert Anderson, Assistant General Enterprises; Circular of the State Steady Growth of Foreign Trade; Wuhan Counsel, or Shannon Nestor, Assistant Council on Printing, Distributing and Automobile and Automobile Parts General Counsel, (202) 395–3150, Office Implementing Several Supporting Status Report and Development Plan of the United States Trade Policies for the Outline of National (2006–2010); Wuhan Municipal Representative, 600 17th Street NW., Medium- and Long-Term Science and Opinion on Automobile and Washington, DC 20508. Technology Development Plan (2006– Automobile Parts Exports; Tianjin SUPPLEMENTARY INFORMATION: USTR is 2020); Circular of the General Office of Outline of Eleventh Five-Year Plan of providing notice that consultations have the State Council on Forwarding the Economic and Social Development; been requested pursuant to the WTO Several Opinions of MOFCOM and Circular of Tianjin Commerce Understanding on Rules and Procedures other Departments on the 11th FYP for Commission on Printing and Governing the Settlement of Disputes Electromechanical Exports Growth Distributing the Measures for the (‘‘DSU’’). If such consultations should Model; Decision To Designate 8 Recognition and Management of Tianjin fail to resolve the matter and a dispute National Automobile and Automobile Automobile and Automobile Parts settlement panel is established pursuant Parts Export Bases, MOFCOM; Export Base Enterprises; Tianjin Notice to the DSU, such panel, which would MOFCOM, NDRC Names 160 on the Adjustment of Members of hold its meetings in Geneva, Companies as National Export Base Tianjin National Automobile and Switzerland, would be expected to issue Enterprises; Interim Measures on the Automobile Parts Export Bases; a report on its findings and Management of Fund for Optimizing Forwarding the Opinions on recommendations within nine months Import and Export Structure of Accelerating the Construction of Tianjin after it is established. Electromechanical and High-Tech National Automobile and Automobile Products, Ministry of Commerce and Parts Export Base; Chongqing City Major Issues Raised by the United Ministry of Finance; MOFCOM, NDRC Management of Automobile and States Conference Notice on National Automobile Parts Export Base On September 17, 2012, the United Automobile Exports; Notice of Enterprises; Opinions of the Chongqing States requested consultations with MOFCOM and NDRC on Issuing the Municipal People’s Government on the China concerning certain subsidies that Measures for the Administration of Construction of Automobile and appear to be contingent upon export National Export Bases of Automobiles Automobile Parts Export Base; performance provided to automobile and Parts and Components (for Trial Chongqing Circular on Establishment of and automobile-parts enterprises in Implementation); Opinions on a Leading Group for the Construction of China. Specifically, the United States is Maintaining the Steady Growth of Chongqing Automobile and Automobile challenging various forms of export- Foreign Trade; 2009 State Council Parts Export Bases; Chongqing 2011
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Notice Regarding the Application Work Trade (Trial Implementation); Notice of Autonomous Region Work Plan for the for the 2011 Chongqing Foreign Trade Xiamen on the Management of Establishment of Electro-Mechanical Common Services Platform Electromechanical and High-Tech and High-Tech Industry Export Base; Establishment Special Fund Program; Products Export Adjustment Programs; Henan Province Opinion To Promote Shanghai Foreign Economic and Trade Xiamen City 2001 Notice on the the Sustained and Healthy Development Development ‘‘Eleventh Five-Year Issuance of the Interim Measures on of Foreign Trade; 2009 Heilongjiang Plan’’; Shanghai Municipal Commission Management of Outsourcing Services Province Opinion To Further Sustain of Commerce and the Municipal Common Services Platform Special the Stable Growth of Foreign Trade; Finance Bureau 2012 Notice for the Construction Fund; Taizhou Municipal Measures Administering, Operating, Application of the 2011 Shanghai Opinions on the Promotion of Stable Funding or Specifying the Forms of Foreign Trade Common Services and Healthily Developing Foreign Support Provided to Automobile or Platform Establishment Special Fund Trade; Opinions From the Peoples Automobile Parts Enterprises Within Program; Printing and Issuing the Work Government of Zhejiang Province on Any Automobile and Automobile Parts Plan for the Application of Guangzhou Promoting the Stable and Healthy Export Base; and Measures for National Automobile and Development of Province-Wide Foreign Administering, Operating, Funding or Automobile Parts Export Base and Trade; Zhejiang Notice on the Specifying the Forms of Support Export Base Enterprises; Opinions on Management of the 2011 Foreign Trade Pprovided to Automobile or Automobile Accelerating the Construction of Common Services Platform Parts Enterprises in Jiangsu, Shandong, National Automobile and Automobile Construction Special Fund; Liuzhou Anhui, Jiangxi. Liaoning, Heilongjiang, Parts Export Base in Guangzhou; Interim Municipal Opinion on Encouraging Hunan, Inner Mongolia, Shanxi, Measures for the Management of Exports of Automobile and Automobile Zhejiang, Yunnan, Guangdong, Hebei, National Automobile and Automobile Parts; Guangxi Zhuang Autonomous Fujian, Henan provinces, and Beijing Parts Export Base Guangzhou Sub-Base Region Policy Opinion To Support the City. In addition, it appears that China has (Valid for 5 years or until 2013); Development of the Automobile failed to comply with its transparency Circular of Guangzhou Foreign Trade Industry; Reply of the Economic obligations in regards to these export- and Economic Cooperation Bureau on Commission of Guangxi Zhang contingent subsidies. In particular, the Autonomous Region on Approving the Verifying Conghua City as the United States has explained that the Guangzhou Conghua National Registration of Automotive Chassis Core measures appear to be inconsistent with Automobile and Automobile Parts Parts Technological Upgrading and Articles 3, 25.1, 25.2, 25.3, and 25.4 of Export Base; 2011 Circular of Export Base Construction Project of the SCM Agreement; Article XVI:1 of Application for Special Fund of Liuzhou Wuling Automobile United the General Agreement on Tariffs and Guangzhou Automobile and Automobile Development Co., Ltd.; Notice on Trade 1994; and Paragraphs 1.2, 2(C)(1), Parts Export Base; 2011 Circular of Management of Special Funds To and 2(C)(2) of Part I of the Protocol on Application for Special Fund of Maintain the Steady Growth of Foreign the Accession of the People’s Republic Guangzhou Automobile and Automobile Trade (Jilin); Changchun Xinglong of China. Parts Export Base Attachment One: Comprehensive Bonded Zone Application Form for the Guangzhou Automobile Import/Export Base Project; Public Comment: Requirements for Municipal Automobile and Automobile Jilin Province Opinion on Automobiles Submissions Parts Export Base Dedicated Funding and Automobile Parts Exports; Jilin Interested persons are invited to Project; 2011 Circular of Application for Province Opinion on Accelerating the submit written comments concerning Special Fund of Guangzhou Automobile Development of Automobile Parts; Jilin the issues raised in this dispute. Persons and Automobile Parts Export Base Province Management and may submit public comments Attachment Two: Feasibility Analysis Implementation Measures on Funds To electronically to www.regulations.gov Report for the Guangzhou Municipal Maintain Steady Growth of Foreign docket number USTR–2012–0030. If you Automobile and Automobile Parts Trade; Jilin Province Notification for are unable to provide submissions by Export Base Dedicated Funding Project Organizations To Apply for the 2011 www.regulations.gov, please contact (Reference Sample); Guangdong Foreign Common Services Platform Sandy McKinzy at (202) 395–9483 to Province 2011 Notice Regarding the Establishment Fund; Hebei Province arrange for an alternative method of Work To Manage Well the Foreign Opinion on Broadening Opening to the transmission. Trade Common Services Platform Outside World To Accelerate the To submit comments via Establishment Fund; Notice on Hefei Development of Open Economy; Hebei www.regulations.gov, enter docket City Automobile and Automobile Parts Province 2011 Notice Regarding Sound number USTR–2012–0030 on the home Export Base Support Fund Management Management of the Foreign Trade page and click ‘‘search.’’ The site will Method (Interim Measures); Anhui Common Services Platform provide a search-results page listing all Notice Regarding Investigation of Establishment Fund; Notice on Jiangsu documents associated with this docket. Received Applications for National Province Export Base Support Methods; Find a reference to this notice by Automobile and Automobile Parts Jiangsu Province Interim Measures on selecting ‘‘Notice’’ under ‘‘Document Export Base and Enterprises; Anhui Management of Funds To Maintain a Type’’ on the left side of the search- Regarding Applications for Electro- Steady Growth of Foreign Trade; results page, and click on the link mechanical Product Imports and Circular on the Pilot Accreditation and entitled ‘‘Comment Now!.’’ (For further Exports Structure Fund Program; Anhui Management of Shandong Province information on using the Province Opinions Regarding Electro-Mechanical Products Export www.regulations.gov Web site, please Expediting Equipment Manufacturing; Bases and Notice To Begin the consult the resources provided on the Xiamen Municipal Notice on Accreditation of the First Batch of Web site by clicking on ‘‘How to Use Automobile Industry Development Export Bases; Shanxi Province Regulations.gov’’ on the bottom of the Action Plan; Notice of Xiamen on the Management Measures on Special page.) Management of Special Funds To Funds To Maintain Steady Growth of The www.regulations.gov site Maintain Steady Growth of Foreign Foreign Trade; 2012 Inner Mongolia provides the option of providing
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comments by filling in a ‘‘Type submissions, any non-confidential points in the United States and any Comments’’ field or by attaching a submissions, or non-confidential point or points in any member of the document using an ‘‘upload file’’ field. summaries of submissions, received European Common Aviation Area; (iii) It is expected that most comments will from other participants in the dispute, foreign charter air transportation of be provided in an attached document. If will be made available to the public on cargo between any point or points in the a document is attached, it is sufficient USTR’s Web site at www.ustr.gov, and United States and any other point or to type ‘‘See attached’’ in the ‘‘Type the report of the panel, and, if points; (iv) other charters pursuant to Comments’’ field. applicable, the report of the Appellate the prior approval requirements set A person requesting that information Body, will be available on the Web site forth in the Department’s regulations contained in a comment submitted by of the World Trade Organization, governing charters; and (v) charter that person be treated as confidential www.wto.org. Comments open to public transportation authorized by any business information must certify that inspection may be viewed on the additional route rights made available to such information is business www.regulations.gov Web site. European Union carriers in the future, confidential and would not customarily Juan Millan, to the extent permitted by the be released to the public by the Applicant’s homeland license on file Acting Assistant United States Trade submitter. Confidential business with the Department. information must be clearly designated Representative for Monitoring and Enforcement. as such and the submission must be Renee V. Wright, marked ‘‘BUSINESS CONFIDENTIAL’’ [FR Doc. 2012–25462 Filed 10–16–12; 8:45 am] Program Manager, Docket Operations, at the top and bottom of the cover page BILLING CODE 3290–F3–P Federal Register Liaison. and each succeeding page. Any [FR Doc. 2012–25513 Filed 10–16–12; 8:45 am] comment containing business BILLING CODE 4910–9X–P confidential information must be DEPARTMENT OF TRANSPORTATION submitted by fax to Sandy McKinzy at Office of the Secretary (202) 395–3640. A non-confidential DEPARTMENT OF TRANSPORTATION summary of the confidential Notice of Applications for Certificates Surface Transportation Board information must be submitted to of Public Convenience and Necessity www.regulations.gov. The non- and Foreign Air Carrier Permits Filed [Docket No. FD 35638] confidential summary will be placed in Under Subpart B (Formerly Subpart Q) the docket and open to public During the Week Ending October 6, New Jersey Transit Corporation— inspection. 2012 Acquisition Exemption—Norfolk Information or advice contained in a Southern Railway Company comment submitted, other than business The following Applications for confidential information, may be Certificates of Public Convenience and The New Jersey Transit Corporation determined by USTR to be confidential Necessity and Foreign Air Carrier (NJ Transit), a noncarrier, has filed a in accordance with section 135(g)(2) of Permits were filed under Subpart B verified notice of exemption under 49 the Trade Act of 1974 (19 U.S.C. (formerly Subpart Q) of the Department CFR 1150.31 to acquire from Norfolk § 2155(g)(2)). If the submitter believes of Transportation’s Procedural Southern Railway Company (NSR) an that information or advice may qualify Regulations (See 14 CFR 301.201 et approximately 1.3-mile portion of the as such, the submitter— seq.). The due date for Answers, property commonly known as the (1) Must clearly so designate the Conforming Applications, or Motions to ‘‘Orange Industrial Track’’ in Essex information or advice; Modify Scope are set forth below for County, N.J., from milepost 8.616 to (2) Must clearly mark the material as each application. Following the Answer milepost 9.905 (the Line). NJ Transit ‘‘SUBMITTED IN CONFIDENCE’’ at the period DOT may process the application states that, under the proposed top and bottom of the cover page and by expedited procedures. Such transaction, NSR would transfer to NJ each succeeding page; and procedures may consist of the adoption Transit the real property and railroad (3) Must provide a non-confidential of a show-cause order, a tentative order, fixtures associated with the Line. summary of the information or advice. or in appropriate cases a final order According to NJ Transit, NSR will retain Any comment containing confidential without further proceedings. an exclusive operating easement to information must be submitted by fax. A Docket Number: DOT–OST–2012– continue to provide freight rail service non-confidential summary of the 0164. over the Line.1 confidential information must be Date Filed: October 1, 2012. NJ Transit states the proposed submitted to www.regulations.gov. The Due Date for Answers, Conforming transaction has been agreed upon non-confidential summary will be Applications, or Motion to Modify pursuant to an Exchange Agreement, placed in the docket and open to public Scope: October 22, 2012. Quitclaim Deed, Second Operating inspection. Description: Application of K5- Agreement, and Trackage Rights Pursuant to section 127(e) of the Aviation GmbH requesting an Agreement by and between NJ Transit Uruguay Round Agreements Act (19 exemption and a foreign air carrier and NSR. According to NJ Transit, it is U.S.C. 3537(e)), USTR will maintain a permit authorizing K5-Aviation to acquiring the property to ensure access docket on this dispute settlement engage in: (i) Foreign charter air to a maintenance facility to support its proceeding accessible to the public at transportation of persons, property, and light rail operations, and it is not www.regulations.gov, docket number mail from any point or points behind acquiring any freight operating rights. USTR–2012–0030. any Member State of the European NJ Transit also states that the agreement The public file will include non- Union, via any point or points in any confidential comments received by EU Member State and via intermediate 1 A motion to dismiss this notice of exemption on USTR from the public with respect to points, to any point or points in the the grounds that the transaction does not require authorization from the Board was concurrently filed the dispute. If a dispute settlement United States and beyond; (ii) foreign with this notice of exemption. The motion to panel is convened or in the event of an charter air transportation of persons, dismiss will be addressed in a subsequent Board appeal from such a panel, the U.S. property, and mail between any point or decision.
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does not contain any provisions that Paperwork Reduction Act of 1995, public record. Comments are invited on: would limit interchange with a third Public Law 104–13 (44 U.S.C. (a) Whether the collection of party. 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper NJ Transit certifies that, because it soliciting comments concerning Form performance of the functions of the will not conduct any rail carrier 1120–POL, U.S. Income Tax Return for agency, including whether the operations on the Line, its projected Certain Political Organizations. information shall have practical utility; revenues from freight operations will DATES: Written comments should be (b) the accuracy of the agency’s estimate not result in the creation of a Class I or received on or before December 17, 2012 of the burden of the collection of Class II carrier. to be assured of consideration. information; (c) ways to enhance the NJ Transit states that it expects to ADDRESSES: Direct all written comments quality, utility, and clarity of the consummate the proposed transaction at to Yvette Lawrence, Internal Revenue information to be collected; (d) ways to the conclusion of this exemption Service, room 6129, 1111 Constitution minimize the burden of the collection of proceeding. The earliest this transaction Avenue NW., Washington, DC 20224. information on respondents, including may be consummated is October 31, through the use of automated collection FOR FURTHER INFORMATION CONTACT: 2012, the effective date of the exemption techniques or other forms of information Requests for additional information or (30 days after the exemption was filed). technology; and (e) estimates of capital copies of the form and instructions If the notice contains false or or start-up costs and costs of operation, should be directed to Allan Hopkins at misleading information, the exemption maintenance, and purchase of services Internal Revenue Service, room 6129, is void ab initio. Petitions to revoke the to provide information. exemption under 49 U.S.C. 10502(d) 1111 Constitution Avenue NW., Approved: September 27, 2012. may be filed at any time. The filing of Washington, DC 20224, or at (202) 622– a petition to revoke will not 6665, or through the Internet at Yvette Lawrence, automatically stay the effectiveness of [email protected]. IRS Reports Clearance Officer. the exemption. Petitions for stay must SUPPLEMENTARY INFORMATION: [FR Doc. 2012–25175 Filed 10–16–12; 8:45 am] be filed no later than October 24, 2012 Title: U.S. Income Tax Return for BILLING CODE 4830–01–P (at least 7 days before the exemption Certain Political Organizations. becomes effective). OMB Number: 1545–0129. An original and 10 copies of all Form Number: 1120–POL. DEPARTMENT OF THE TREASURY pleadings, referring to Docket No. FD Abstract: Certain political 35638, must be filed with the Surface organizations file Form 1120–POL to Internal Revenue Service report the tax imposed by Internal Transportation Board, 395 E Street SW., Proposed Collection; Comment Revenue Code section 527. The form is Washington, DC 20423–0001. In Request for Notice 2000–28 addition, a copy of each pleading must used to designate a principal business be served on Charles A. Spitulnik, campaign committee that is subject to a AGENCY: Internal Revenue Service (IRS), Kaplan Kirsch & Rockwell LLP, 1001 lower rate of tax under Code section Treasury. Connecticut Ave. NW., Suite 800, 527(h). IRS uses Form 1120–POL to ACTION: Notice and request for Washington, DC 20036. determine if the proper tax was paid. Board decisions and notices are Current Actions: There are no changes comments. available on our Web site at being made to the form at this time. SUMMARY: The Department of the ‘‘WWW.STB.DOT.GOV.’’ Type of Review: Extension of a currently approved collection. Treasury, as part of its continuing effort Decided: October 12, 2012. Affected Public: Not-for-profit to reduce paperwork and respondent By the Board, Rachel D. Campbell, burden, invites the general public and Director, Office of Proceedings. institutions. Estimated Number of Respondents: other Federal agencies to take this Jeffrey Herzig, 6,527. opportunity to comment on proposed Clearance Clerk. Estimated Time per Respondent: 36 and/or continuing information [FR Doc. 2012–25534 Filed 10–16–12; 8:45 am] hours, 38 min. collections, as required by the BILLING CODE 4915–01–P Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 239,150. Public Law 104–13 (44 U.S.C. The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is DEPARTMENT OF THE TREASURY of the collections of information covered soliciting comments concerning Notice by this notice: 2000–28, Coal Exports. Internal Revenue Service An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to Proposed Collection; Comment received on or before December 17, 2012 respond to, a collection of information to be assured of consideration. Request unless the collection of information ADDRESSES: Direct all written comments AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. to Yvette Lawrence, Internal Revenue Treasury. Books or records relating to a collection of information must be retained as long Service, Room 6129, 1111 Constitution ACTION: Notice and request for Avenue NW., Washington, DC 20224. comments. as their contents may become material in the administration of any internal FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the revenue law. Generally, tax returns and Requests for additional information or Treasury, as part of its continuing effort tax return information are confidential, copies of the regulations should be to reduce paperwork and respondent as required by 26 U.S.C. 6103. directed to Allan Hopkins at Internal burden, invites the general public and Request for Comments: Comments Revenue Service, Room 6129, 1111 other Federal agencies to take this submitted in response to this notice will Constitution Avenue NW., Washington, opportunity to comment on proposed be summarized and/or included in the DC 20224, or at (202) 622–6665, or and/or continuing information request for OMB approval. All through the Internet at collections, as required by the comments will become a matter of [email protected].
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SUPPLEMENTARY INFORMATION: Title: Coal DEPARTMENT OF THE TREASURY this irrevocable election with an Exports. election to take a Department of Notice Number: 1545–1690. Internal Revenue Service Treasury grant for specified energy Abstract: Notice 2000–28 provides property. guidance relating to the coal excise tax Proposed Collection; Comment Current Actions: There is no change imposed by section 4121 of the Internal Request for Notice 2009–52 Revenue Code. The notice provides in the paperwork burden previously AGENCY: Internal Revenue Service (IRS), approved by OMB. This notice is being rules under the Code for making a Treasury. nontaxable sale of coal for export or for submitted for renewal purposes only. ACTION: obtaining a credit or refund when tax Notice and request for Type of Review: Extension of a has been paid with respect to a comments. currently approved collection. nontaxable sale of coal for export. SUMMARY: The Department of the Affected Public: Businesses and other Current Actions: There are no changes Treasury, as part of its continuing effort for-profit organizations. being made to the notice at this time. to reduce paperwork and respondent Type of Review: Extension of Estimated Number of Respondents: burden, invites the general public and 100. currently approved collection. other Federal agencies to take this Affected Public: Business or other-for- opportunity to comment on proposed Estimated Time per Respondent: 1 profit organizations. and/or continuing information hour. Estimated Number of Respondents: collections, as required by the 400. Estimated Total Annual Burden Paperwork Reduction Act of 1995. Estimated Time Per Respondent: 1 Hours: 100. Currently, the IRS is soliciting hour. The following paragraph applies to all comments concerning Notice 2009–52, Estimated Total Annual Burden of the collections of information covered Election of Investment Tax Credit in Hours: 400. by this notice: The following paragraph applies to all Lieu of Production Tax Credit; An agency may not conduct or of the collections of information covered Coordination With Department of sponsor, and a person is not required to by this notice: Treasury Grants for Specified Energy An agency may not conduct or Property in Lieu of Tax Credits. respond to, a collection of information sponsor, and a person is not required to DATES: Written comments should be unless the collection of information respond to, a collection of information received on or before December 17, 2012 displays a valid OMB control number. unless the collection of information to be assured of consideration. Books or records relating to a collection displays a valid OMB control number. ADDRESSES: Direct all written comments of information must be retained as long Books or records relating to a collection to Yvette Lawrence, Internal Revenue as their contents may become material of information must be retained as long Service, Room 6129, 1111 Constitution in the administration of any internal as their contents may become material Avenue NW., Washington, DC 20224. revenue law. Generally, tax returns and in the administration of any internal FOR FURTHER INFORMATION CONTACT: tax return information are confidential, revenue law. Generally, tax returns and Requests for additional information or as required by 26 U.S.C. 6103. tax return information are confidential, copies of the form and instructions Request for Comments: Comments as required by 26 U.S.C. 6103. should be directed to Allan Hopkins, submitted in response to this notice will Request for Comments: Comments (202) 622–6665, at Internal Revenue be summarized and/or included in the submitted in response to this notice will Service, Room 6129, 1111 Constitution request for OMB approval. All be summarized and/or included in the Avenue NW., Washington, DC 20224, or comments will become a matter of request for OMB approval. All through the Internet at public record. Comments are invited on: comments will become a matter of [email protected]. public record. Comments are invited on: (a) Whether the collection of (a) Whether the collection of SUPPLEMENTARY INFORMATION: Title: information is necessary for the proper information is necessary for the proper Election of Investment Tax Credit in performance of the functions of the performance of the functions of the Lieu of Production Tax Credit; agency, including whether the agency, including whether the Coordination With Department of information shall have practical utility; information shall have practical utility; Treasury Grants for Specified Energy (b) the accuracy of the agency’s estimate (b) the accuracy of the agency’s estimate Property in Lieu of Tax Credits. of the burden of the collection of of the burden of the collection of OMB Number: 1545–2145. information; (c) ways to enhance the information; (c) ways to enhance the Form Number: Notice 2009–52. quality, utility, and clarity of the quality, utility, and clarity of the Abstract: This notice provides a information to be collected; (d) ways to information to be collected; (d) ways to description of the procedures that minimize the burden of the collection of minimize the burden of the collection of taxpayers will be required to follow to information on respondents, including information on respondents, including make an irrevocable election to take the through the use of automated collection through the use of automated collection investment tax credit for energy techniques or other forms of information property under § 48 of the Internal techniques or other forms of information technology; and (e) estimates of capital Revenue Code in lieu of the production technology; and (e) estimates of capital or start-up costs and costs of operation, tax credit under § 45. This election was or start-up costs and costs of operation, maintenance, and purchase of services created by the American Recovery and maintenance, and purchase of services to provide information. to provide information. Reinvestment Act of 2009, H.R. 1, 123 STAT. 115 (the Act), which was enacted Approved: October 10, 2012. Approved: October 10, 2012. on February 17, 2009. This notice Allan Hopkins, Allan Hopkins, includes information about election Tax Analyst. Tax Analyst. procedures and the documentation [FR Doc. 2012–25470 Filed 10–16–12; 8:45 am] [FR Doc. 2012–25468 Filed 10–16–12; 8:45 am] required to complete the election. The BILLING CODE 4830–01–P BILLING CODE 4830–01–P notice also discusses the coordination of
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DEPARTMENT OF THE TREASURY Estimated Number of Respondents: opportunity to comment on proposed 223,200. and/or continuing information Internal Revenue Service Estimated Time per Respondent: 3 collections, as required by the minutes. Paperwork Reduction Act of 1995, Proposed Collection; Comment Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Request for Regulation Project Hours: 950. 3506(c)(2)(A)). Currently, the IRS is AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all soliciting comments concerning Treasury. of the collections of information covered information reporting by passport and by this notice: ACTION: permanent residence applicants. Notice and request for An agency may not conduct or comments. DATES: Written comments should be sponsor, and a person is not required to received on or before December 17, 2012 SUMMARY: The Department of the respond to, a collection of information to be assured of consideration. unless the collection of information Treasury, as part of its continuing effort ADDRESSES: Direct all written comments displays a valid OMB control number. to reduce paperwork and respondent to Yvette Lawrence, Internal Revenue Books or records relating to a collection burden, invites the general public and Service, Room 6129, 1111 Constitution of information must be retained as long other Federal agencies to take this Avenue NW., Washington, DC 20224. opportunity to comment on proposed as their contents may become material FOR FURTHER INFORMATION CONTACT: and/or continuing information in the administration of any internal Requests for additional information or collections, as required by the revenue law. Generally, tax returns and copies of the regulations should be Paperwork Reduction Act of 1995, tax return information are confidential, directed to Allan Hopkins at Internal Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. Revenue Service, Room 6129, 1111 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments Constitution Avenue NW., Washington, soliciting comments concerning notice submitted in response to this notice will DC 20224, or at (202) 622–6665, or of medical necessity criteria under the be summarized and/or included in the through the Internet at mental health parity and addition equity request for OMB approval. All [email protected]. act of 2008. comments will become a matter of public record. Comments are invited on: DATES: Written comments should be SUPPLEMENTARY INFORMATION: Title: received on or before December 17, 2012 (a) Whether the collection of Information Reporting by Passport and to be assured of consideration. information is necessary for the proper Permanent Residence Applicants. performance of the functions of the OMB Number: 1545–1359. ADDRESSES: Direct all written comments agency, including whether the Regulation Project Number: INTL– to Yvette Lawrence, Internal Revenue information shall have practical utility; 978–86. Service, Room 6242, 1111 Constitution (b) the accuracy of the agency’s estimate Abstract: This regulation requires Avenue NW., Washington, DC 20224. of the burden of the collection of applicants for passports and permanent FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the residence status to report certain tax Requests for additional information or quality, utility, and clarity of the information on the applications. The copies of the regulations should be information to be collected; (d) ways to regulation is intended to enable the IRS directed to Allan Hopkins at Internal minimize the burden of the collection of to identify U.S. citizens who have not Revenue Service, Room 6129, 1111 information on respondents, including filed tax returns and permanent Constitution Avenue NW., Washington, through the use of automated collection residents who have undisclosed sources DC 20224, or at (202) 622–6665, or techniques or other forms of information of foreign income to notify such persons through the internet at technology; and (e) estimates of capital of their duty to file United States Tax [email protected]. or start-up costs and costs of operation, returns. SUPPLEMENTARY INFORMATION: maintenance, and purchase of services Current Actions: There is no change to Title: Notice of Medical Necessity to provide information. this existing regulation. Type of Review: Extension of a Criteria under the Mental Health Parity Approved: October 10, 2012. and Addition Equity Act of 2008. currently approved collection. OMB Number: 1545–2165. Allan Hopkins, Affected Public: Individuals or Regulation Project Number: REG– Tax Analyst. households. 120692–09. [FR Doc. 2012–25465 Filed 10–16–12; 8:45 am] Estimated Number of Respondents for Abstract: This document contains BILLING CODE 4830–01–P Passport Applicants: 5,000,000. interim final rules implementing the Estimated Time per Respondent: 6 Paul Wellstone and Pete Domenici minutes. Mental Health Parity and Addiction DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Equity Act of 2008, which requires Hours for Passport Applicants: 500,000 parity between mental health or Internal Revenue Service hours. substance use disorder benefits and Proposed Collection; Comment Estimated Number of Respondents for medical/surgical benefits with respect to Request for Regulation Project Permanent Residence Applicants: financial requirements and treatment 500,000. limitations under group health plans AGENCY: Internal Revenue Service (IRS), Estimated Time per Respondent: 30 and health insurance coverage offered in Treasury. minutes. connection with a group health plan. ACTION: Notice and request for Estimated Total Annual Burden Current Actions: There is no change to comments. Hours for Permanent Residence this existing regulation. Applicants: 250,000 hours. Type of Review: Extension of a SUMMARY: The Department of the The following paragraph applies to all currently approved collection. Treasury, as part of its continuing effort the collections of information covered Affected Public: Business or other for- to reduce paperwork and respondent by this notice: profit organizations, and not-for-profit burden, invites the general public and An agency may not conduct or organizations. other Federal agencies to take this sponsor, and a person is not required to
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respond to, a collection of information DATES: Written comments should be of the burden of the collection of unless the collection of information received on or before December 17, 2012 information; (c) ways to enhance the displays a valid OMB control number. to be assured of consideration. quality, utility, and clarity of the Books or records relating to a collection ADDRESSES: Direct all written comments information to be collected; (d) ways to of information must be retained as long to Yvette Lawrence, Internal Revenue minimize the burden of the collection of as their contents may become material Service, room 6129, 1111 Constitution information on respondents, including in the administration of any internal Avenue NW., Washington, DC 20224. through the use of automated collection revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: techniques or other forms of information tax return information are confidential, Requests for additional information or technology; and (e) estimates of capital as required by 26 U.S.C. 6103. copies of the form and instructions or start-up costs and costs of operation, Request for Comments: Comments should be directed to Allan Hopkins, at maintenance, and purchase of services submitted in response to this notice will (202) 622–6665 or at Internal Revenue to provide information. be summarized and/or included in the Service, room 6129, 1111 Constitution Approved: October 10, 2012. request for OMB approval. All Avenue NW., Washington, DC 20224, or Allan Hopkins, comments will become a matter of through the Internet at Tax Analyst. public record. Comments are invited on: [email protected]. [FR Doc. 2012–25469 Filed 10–16–12; 8:45 am] (a) Whether the collection of SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P information is necessary for the proper Title: Application to Participate in the performance of the functions of the IRS e-file Program. agency, including whether the OMB Number: 1545–0991. DEPARTMENT OF THE TREASURY information shall have practical utility; Form Number: 8633. (b) the accuracy of the agency’s estimate Abstract: Form 8633 is used by tax Internal Revenue Service of the burden of the collection of preparers, electronic return collectors, information; (c) ways to enhance the software firms, service bureaus and Proposed Collection; Comment quality, utility, and clarity of the electronic transmitters as an application Request for Form 8824 information to be collected; (d) ways to to participate in the electronic filing AGENCY: Internal Revenue Service (IRS), minimize the burden of the collection of program covering individual income tax Treasury. information on respondents, including returns. ACTION: Notice and request for through the use of automated collection Current Actions: There are no changes comments. techniques or other forms of information being made to the form at this time. technology; and (e) estimates of capital Type of Review: Extension of a SUMMARY: The Department of the or start-up costs and costs of operation, currently approved collection. Treasury, as part of its continuing effort maintenance, and purchase of services Affected Public: Businesses or other to reduce paperwork and respondent to provide information. for-profit organizations, and not-for- burden, invites the general public and Approved: October 10, 2012. profit institutions. other Federal agencies to take this Estimated Number of Respondents: Allan Hopkins, opportunity to comment on proposed 50,000. IRS Reports Clearance Officer. and/or continuing information Estimated Time per Respondent: 1 collections, as required by the [FR Doc. 2012–25466 Filed 10–16–12; 8:45 am] hour. Paperwork Reduction Act of 1995. BILLING CODE 4830–01–P Estimated Total Annual Burden Currently, the IRS is soliciting Hours: 50,000. comments concerning Form 8824, Like- The following paragraph applies to all Kind Exchanges. DEPARTMENT OF THE TREASURY of the collections of information covered DATES: Written comments should be by this notice: Internal Revenue Service received on or before December 17, 2012 An agency may not conduct or to be assured of consideration. sponsor, and a person is not required to Proposed Collection; Comment ADDRESSES: Direct all written comments Request for Form 8633 respond to, a collection of information unless the collection of information to Yvette Lawrence, Internal Revenue displays a valid OMB control number. Service, Room 6129, 1111 Constitution AGENCY: Internal Revenue Service (IRS), Avenue NW., Washington, DC 20224. Treasury. Books or records relating to a collection of information must be retained as long FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for as their contents may become material Requests for additional information or comments. in the administration of any internal copies of the form and instructions revenue law. Generally, tax returns and should be directed to Allan Hopkins at SUMMARY: The Department of the tax return information are confidential, Internal Revenue Service, Room 6129, Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. 1111 Constitution Avenue NW., to reduce paperwork and respondent Request for Comments: Comments Washington, DC 20224, or at (202) 622– burden, invites the general public and submitted in response to this notice will 6665, or through the Internet at other Federal agencies to take this be summarized and/or included in the [email protected]. opportunity to comment on proposed request for OMB approval. All SUPPLEMENTARY INFORMATION: Title: and/or continuing information comments will become a matter of Like-Kind Exchanges. collections, as required by the public record. Comments are invited on: OMB Number: 1545–1190. Paperwork Reduction Act of 1995, (a) Whether the collection of Form Number: 8824. Public Law 104–13 (44 U.S.C. information is necessary for the proper Abstract: Form 8824 is used by 3506(c)(2)(A)). Currently, the IRS is performance of the functions of the individuals, corporations, partnerships, soliciting comments concerning Form agency, including whether the and other entities to report the exchange 8633, Application to Participate in the information shall have practical utility; of business or investment property, and IRS e-file Program. (b) the accuracy of the agency’s estimate the deferral of gains from such
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transactions under Internal Revenue DEPARTMENT OF THE TREASURY designated financial institution to make Code section 1031. It is also used to salary reduction contributions to a report the deferral of gain under Code Internal Revenue Service SIMPLE IRA described in Internal section 1043 from conflict-of-interest Revenue Code section 408(p). Form sales by certain members of the Proposed Collection; Comment 5305–SIMPLE is also a model SIMPLE executive branch of the Federal Request IRA agreement, but it is for use with a government. AGENCY: Internal Revenue Service (IRS), designated financial institution. Notice Current Actions: There are no changes Treasury. 98–4 provides guidance for employers and trustees regarding how they can being made to the form at this time. ACTION: Notice and request for comply with the requirements of Code comments. Type of Review: Extension of a section 408(p) in establishing and currently approved collection. SUMMARY: The Department of the maintaining a SIMPLE IRA, including Affected Public: Individuals or Treasury, as part of its continuing effort information regarding the notification households and business or other for- to reduce paperwork and respondent and reporting requirements under Code profit organizations. burden, invites the general public and section 408. Estimated Number of Respondents: other Federal agencies to take this Current Actions: There are no changes 53,490. opportunity to comment on proposed for the forms at this time. and/or continuing information Type of Review: Extension of a Estimated Number of Respondent: 15 collections, as required by the currently approved collection. hours, 46 minutes. Paperwork Reduction Act of 1995, Affected Public: Business or other for- Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. profit organizations not-for-profit Hours: 834,979. 3506(c)(2)(A)). Currently, the IRS is institutions, and individuals. The following paragraph applies to all soliciting comments concerning Form Estimated Number of Respondents: of the collections of information covered 5304–SIMPLE, Savings Incentive Match 600,000. by this notice: Plan for Employees of Small Employers Estimated Time per Respondent: 3 (SIMPLE)—Not for Use With a hours, 31 minutes. An agency may not conduct or Designated Financial Institution; Form Estimated Total Annual Burden sponsor, and a person is not required to 5305–SIMPLE, Savings Incentive Match Hours: 2,113,000. respond to, a collection of information Plan for Employees of Small Employers The following paragraph applies to all unless the collection of information (SIMPLE)—for Use With a Designated of the collections of information covered displays a valid OMB control number. Financial Institution; Notice 98–4, by this notice: Books or records relating to a collection Simple IRA Plan Guidance. An agency may not conduct or of information must be retained as long DATES: Written comments should be sponsor, and a person is not required to as their contents may become material respond to, a collection of information in the administration of any internal received on or before December 17, 2012 to be assured of consideration. unless the collection of information revenue law. Generally, tax returns and displays a valid OMB control number. ADDRESSES: Direct all written comments tax return information are confidential, Books or records relating to a collection as required by 26 U.S.C. 6103. to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution of information must be retained as long Request For Comments: Comments Avenue NW., Washington, DC 20224. as their contents may become material submitted in response to this notice will in the administration of any internal be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: revenue law. Generally, tax returns and request for OMB approval. All Requests for additional information or tax return information are confidential, comments will become a matter of copies of the forms, instructions, and as required by 26 U.S.C. 6103. public record. Comments are invited on: notice should be directed to Allan Request for Comments: Comments (a) Whether the collection of Hopkins, (202) 622–6665, Internal submitted in response to this notice will information is necessary for the proper Revenue Service, room 6129, 1111 be summarized and/or included in the performance of the functions of the Constitution Avenue NW., Washington, request for OMB approval. All agency, including whether the DC 20224, or through the Internet at comments will become a matter of information shall have practical utility; [email protected]. public record. (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether of the burden of the collection of Title: Form 5304–SIMPLE, Savings the collection of information is information; (c) ways to enhance the Incentive Match Plan for Employees of necessary for the proper performance of quality, utility, and clarity of the Small Employers (SIMPLE)—Not for the functions of the agency, including information to be collected; (d) ways to Use With a Designated Financial whether the information shall have minimize the burden of the collection of Institution, Form 5304–SIMPLE; practical utility; (b) the accuracy of the information on respondents, including Savings Incentive Match Plan for agency’s estimate of the burden of the through the use of automated collection Employees of Small Employers collection of information; (c) ways to techniques or other forms of information (SIMPLE)—for Use With a Designated enhance the quality, utility, and clarity technology; and (e) estimates of capital Financial Institution, Form 5305– of the information to be collected; (d) or start-up costs and costs of operation, SIMPLE; SIMPLE IRA Plan Guidance ways to minimize the burden of the maintenance, and purchase of services (Notice 98–4). collection of information on to provide information. OMB Number: 1545–1502. respondents, including through the use Approved: October 10, 2012. Form Number: Form 5304–SIMPLE, of automated collection techniques or Form 5305–SIMPLE, and Notice 98–4. other forms of information technology; Allan Hopkins, Abstract: Form 5304–SIMPLE is a and (e) estimates of capital or start-up Tax Analyst. model SIMPLE IRA agreement that was costs and costs of operation, [FR Doc. 2012–25473 Filed 10–16–12; 8:45 am] created to be used by an employer to maintenance, and purchase of services BILLING CODE 4830–01–P permit employees who are not using a to provide information.
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Approved: September 28, 2012. Yvette Lawrence, IRS Reports Clearance Officer. [FR Doc. 2012–25180 Filed 10–16–12; 8:45 am] BILLING CODE 4830–01–P
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Part II
Department of the Interior
Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species; Proposed Rule
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DEPARTMENT OF THE INTERIOR Wildlife Service; 4401 N. Fairfax Drive, These species co-occur with Bidens MS 2042–PDM; Arlington, VA 22203. micrantha ssp. ctenophylla in the same Fish and Wildlife Service We will post all comments on http:// lowland dry ecosystem, but do not have www.regulations.gov. This generally designated critical habitat on Hawaii 50 CFR Part 17 means that we will post any personal Island. We are also correcting critical [Docket Number FWS–R1–ES–2012–0070: information you provide us (see the habitat unit maps for Cyanea shipmanii, 4500030113] Public Comments section below for Phyllostegia racemosa, Phyllostegia more information). velutina, and Plantago hawaiensis to RIN 1018–AY09 The coordinates or plot points or both accurately reflect the designated critical from which the maps were generated are Endangered and Threatened Wildlife habitat units for those plant species. included in the administrative record and Plants; Listing 15 Species on These map corrections do not change for the proposed critical habitat Hawaii Island as Endangered and the designated critical habitat for these designation and are available at http:// Designating Critical Habitat for 3 plants. For the remaining 14 species that www.fws.gov/pacificislands, http:// Species we are proposing to list in this rule, we www.regulations.gov at Docket No. find that critical habitat is not AGENCY: Fish and Wildlife Service, FWS–R1–ES–2011–0070, and at the determinable at this time. This proposed Interior. Pacific Islands Fish and Wildlife Office rule is organized by ecosystem, which ACTION: Proposed rule. (see FOR FURTHER INFORMATION CONTACT). will allow the Service to better Any additional tools or supporting prioritize, direct, and focus conservation SUMMARY: We, the U.S. Fish and information that we may develop for and recovery actions on Hawaii Island. Wildlife Service (Service), propose to this critical habitat designation will also The basis for our action. Under the list 15 species on the Hawaiian island be available at the above locations. Endangered Species Act, a species may of Hawaii as endangered species under FOR FURTHER INFORMATION CONTACT: be determined to be an endangered the Endangered Species Act of 1973, as Loyal Mehrhoff, Field Supervisor, species or a threatened species based on amended (Act), and to designate critical Pacific Islands Fish and Wildlife Office, any of five factors: (1) Destruction, habitat for 1 of these species. For the 300 Ala Moana Boulevard, Box 50088, modification, or curtailment of its remaining 14 species that we are Honolulu, HI 96850; by telephone at habitat or range; (2) Overuse; (3) Disease proposing to list in this rule, we find 808–792–9400; or by facsimile at 808– or predation; (4) Inadequate existing that critical habitat is not determinable 792–9581. If you use a regulations; or (5) Other natural or at this time. We also propose to telecommunications device for the deaf manmade factors. designate critical habitat for two plant (TDD), call the Federal Information One or more of the species proposed species that were listed as endangered Relay Service (FIRS) at 800–877–8339. for listing in this rule face the following species in 1986 and 1994. The proposed SUPPLEMENTARY INFORMATION: threats related to these criteria: critical habitat designation totals 18,766 • Habitat loss and degradation due to acres (ac) (7,597 hectares (ha)), and Executive Summary agriculture and urban development; includes both occupied and unoccupied Why we need to publish a rule. Under nonnative feral ungulates (e.g., pigs, habitat. Approximately 55 percent of the the Act, we are required to list a species goats) and plants; wildfire; hurricanes; area being proposed as critical habitat is if we determine that it meets the flooding; and drought. already designated as critical habitat for definition of an endangered species or a • Predation or herbivory by nonnative 42 plants and the Blackburn’s sphinx threatened species as defined in the Act. feral ungulates, rats, snails, and slugs. moth (Manduca blackburni). In If this determination is made, we • Inadequate existing regulatory addition, we propose a taxonomic publish a proposed rule in the Federal mechanisms to prevent the introduction change for one endangered plant Register, seek public comment on our and spread of nonnative plants and species. proposal, and issue a final rule. This animals. DATES: We will accept comments action consists of a proposed rule to list • Small number of individuals and received on or postmarked on or before 15 species (13 plants, 1 insect (picture- populations, and lack of reproduction in December 17, 2012. Please note that if wing fly), and 1 crustacean (anchialine the wild. you are using the Federal eRulemaking pool shrimp)) from the Island of Hawaii This rule proposes to designate Portal (See ADDRESSES section below), in the State of Hawaii, as endangered. critical habitat for 3 plant species. the deadline for submitting an Further, under the Act, we are to • Approximately 18,766 acres (7,597 electronic comment is 11:59 p.m. designate critical habitat to the hectares) is being proposed as critical Eastern Time on this date. We must maximum extent prudent and habitat in seven multi-species critical receive requests for public hearings, in determinable concurrently with a listing habitat units on lands owned by the writing, at the address shown in the FOR determination. We are proposing to U.S. National Park Service, State of FURTHER INFORMATION CONTACT section designate critical habitat concurrently Hawaii, County of Hawaii, and private by December 3, 2012. with listing for the plant Bidens interests. ADDRESSES: You may submit comments micrantha ssp. ctenophylla, due to the • Approximately 55 percent, or by one of the following methods: imminent threat of urban development 10,304 acres (4,170 hectares), of the area • Federal eRulemaking Portal: http:// to 98 percent of the individuals known being proposed as critical habitat www.regulations.gov. Search for for this species and its habitat within overlaps with areas already designated FWS¥R1–ES–2012–0070, which is the the lowland dry ecosystem. In addition, as critical habitat for previously listed docket number for this proposed rule. we are proposing to designate critical plant and animal species. You may submit a comment by clicking habitat for two previously listed plant • Approximately 45 percent, or 8,464 on ‘‘Comment Now!’’ species. Isodendrion pyrifolium, listed acres (3,426 hectares), of the area does • U.S. Mail or Hand Delivery: Public as an endangered species on March 4, not overlap with areas already Comments Processing, Attn: FWS–R1– 1994 (59 FR 10305), and Mezoneuron designated as critical habitat for ES–2012–0070; Division of Policy and kavaiense, listed as an endangered previously listed plant and animal Directives Management; U.S. Fish and species on July 8, 1986 (51 FR 24672). species.
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• The proposed critical habitat units of the existing regulations that may be exclude an area from critical habitat if encompass areas containing physical addressing those threats. he or she determines that the benefits of and biological features essential to the (2) Additional information concerning such exclusion outweigh the benefits of conservation of these species and that the range, distribution, and population including that particular area as critical may require special management sizes of each of the 15 species proposed habitat, unless failure to designate that considerations, or are otherwise for listing, including the locations of specific area as critical habitat will essential for the conservation of these any additional populations of these result in the extinction of the species. species. species. We request specific information on: • The proposed designation includes (3) Any information on the biological • The benefits of and supporting both occupied and unoccupied critical or ecological requirements of the 15 rationale for including specific areas in habitat for the three species for which species proposed for listing. the final designation; we are proposing to designate critical (4) Current or planned activities • The benefits of and supporting habitat. within the area being proposed for rationale for excluding specific areas • The Secretary may exclude an area critical habitat and possible impacts to from the final designation; and from critical habitat if the benefits of these activities. • Whether any specific exclusions exclusion outweigh the benefits of (5) The reasons why we should or may result in the extinction of the designation, unless the exclusion will should not designate areas for Bidens species, and why. result in the extinction of the species. micrantha ssp. ctenophylla, (9) Whether the private and State We are considering excluding Mezoneuron kavaiense (taxonomic lands being considered for exclusion approximately 4,102 acres of privately revision proposed for Caesalpinia from critical habitat designation under owned and State lands from the critical kavaiense to Mezoneuron kavaiense), section 4(b)(2) of the Act should or habitat designation. and Isodendrion pyrifolium as ‘‘critical should not be excluded, and why. We are preparing an economic habitat’’ under section 4 of the (10) Information on the projected and analysis of the proposed critical habitat Endangered Species Act of 1973, as reasonably likely impact of climate designation. To consider economic amended (Act) (16 U.S.C. 1531 et seq.). change on the species included in this impacts, we are preparing an analysis of We specifically seek information on any proposed rule, and any special the economic impacts of the proposed threats to these species from human management needs or protections that critical habitat designation and related activity, the degree of which can be may be needed in the critical habitat factors. We will announce the expected to increase due to the areas we are proposing. availability of the draft economic designation, and whether the benefit of (11) Whether we could improve or analysis as soon as it is completed, at designation would outweigh threats to modify our approach to designating which time we will seek public review these species caused by the designation, critical habitat in any way to provide for and comment. We will use information such that the designation of critical greater public participation and from this analysis to inform the habitat is prudent. understanding, or to better development of our final designation of (6) Specific information on: accommodate public concerns and critical habitat for these species. • The amount and distribution of comments. We will seek peer review. We will critical habitat for the species included (12) Specific information on ways to obtain opinions from knowledgeable in this proposed rule; improve the clarity of this rule as it individuals with scientific expertise • Areas that are currently occupied pertains to completion of consultations regarding our technical assumptions, and contain the necessary physical or under section 7 of the Act. analysis, adherence to regulations, and biological features essential for the (13) Comments on our proposal to use of the best available information. conservation of the species that we revise the taxonomic classification for should include in the designation, and Caesalpinia kavaiense to Mezoneuron Public Comments why; kavaiense. We intend that any final action • Whether special management You may submit your comments and resulting from this proposal will be considerations or protections may be materials concerning this proposed rule based on the best scientific and required for the physical or biological by one of the methods listed in the commercial data available and be as features essential to the conservation of ADDRESSES section. We request that you accurate and as effective as possible. the species in this proposed rule; and send comments only by the methods Therefore, we solicit comments or • What areas outside the geographical described in the ADDRESSES section. suggestions on this proposed rule from area occupied at the time of listing are We will post your entire comment— other concerned governmental agencies, essential to the conservation of the including your personal identifying the scientific community, industry, or species, and why. information—on http:// other interested parties concerning this (7) Any reasonably foreseeable www.regulations.gov. If you provide proposed rule. We are proposing to list economic, national security, or other personal identifying information in your 15 species (13 plants, 1 anchialine pool relevant impacts of the proposed critical comment, such as your street address, shrimp, and 1 picture-wing fly) as habitat designation. We are particularly phone number, or email address, you endangered species. We are also interested in any impacts on small may request at the top of your document proposing to designate critical habitat entities, and the benefits of including or that we withhold this information from for one of the proposed endangered excluding areas that may experience public review. However, we cannot plant species and two plant species that these impacts. guarantee that we will be able to do so. are already listed as endangered species, (8) Whether the benefits of excluding Please include sufficient information but that do not have designated critical any particular area from critical habitat with your comments to allow us to habitat on Hawaii Island. We outweigh the benefits of including that verify any scientific or commercial particularly seek comments concerning: area as critical habitat under section information you include. (1) Biological, commercial trade, or 4(b)(2) of the Act, after considering the Comments and materials we receive, other relevant data concerning threats potential impacts and benefits of the as well as supporting documentation we (or the lack thereof) to the 15 species proposed critical habitat designation. used in preparing this proposed rule, proposed for listing, and the adequacy Under section 4(b)(2), the Secretary may will be available for public inspection at
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http://www.regulations.gov, or by the Pacific Islands Fish and Wildlife Background appointment, during normal business Office (See FOR FURTHER INFORMATION Hawaii Island Species Addressed in hours, at the U.S. Fish and Wildlife CONTACT) or by visiting the Federal This Proposed Rule Service, Pacific Islands Fish and eRulemaking Portal at http:// Wildlife Office (see FOR FURTHER www.regulations.gov. Table 1 below provides the scientific INFORMATION CONTACT). You may obtain name, common name, listing status, and copies of the proposed rule by mail from critical habitat status for the species that are the subjects of this proposed rule.
TABLE 1—THE HAWAIIAN ISLAND SPECIES ADDRESSED IN THIS PROPOSED RULE (NOTE THAT MANY OF THE SPECIES SHARE A COMMON NAME. ‘‘E’’ DENOTES ENDANGERED STATUS UNDER THE ACT; ‘‘C’’ DENOTES A SPECIES CURRENTLY ON THE CANDIDATE LIST.)
Critical habitat sta- Scientific name Common name(s) Listing status tus
Plants
Bidens hillebrandiana ssp. kookoolau ...... Proposed—Endangered ...... Not determinable. hillebrandiana. Bidens micrantha ssp. ctenophylla ...... kookoolau ...... Proposed—Endangered (C) ...... Proposed. Caesalpinia kavaiense (taxonomic revi- uhiuhi ...... Listed 1986—E ...... Proposed. sion proposed, to Mezoneuron kavaiense). Cyanea marksii ...... haha ...... Proposed—Endangered ...... Not determinable. Cyanea tritomantha ...... aku ...... Proposed—Endangered (C) ...... Not determinable. Cyrtandra nanawaleensis ...... haiwale ...... Proposed—Endangered ...... Not determinable. Cyrtandra wagneri ...... haiwale ...... Proposed—Endangered ...... Not determinable. Isodendrion pyrifolium ...... wahine noho kula ...... Listed 1994—E ...... Proposed. Phyllostegia floribunda ...... no common name (NCN) ...... Proposed—Endangered (C) ...... Not determinable. Pittosporum hawaiiense ...... hoawa, haawa ...... Proposed—Endangered ...... Not determinable. Platydesma remyi ...... NCN ...... Proposed—Endangered (C) ...... Not determinable. Pritchardia lanigera ...... loulu ...... Proposed—Endangered ...... Not determinable. Schiedea diffusa ssp. macraei ...... NCN ...... Proposed—Endangered ...... Not determinable. Schiedea hawaiiensis ...... NCN ...... Proposed—Endangered ...... Not determinable. Stenogyne cranwelliae ...... NCN ...... Proposed—Endangered (C) ...... Not determinable.
Animals
Drosophila digressa ...... picture-wing fly ...... Proposed—Endangered (C) ...... Not determinable. Vetericaris chaceorum ...... anchialine pool shrimp ...... Proposed—Endangered (C) ...... Not determinable [NCN] = no common name.
Previous Federal Actions On May 4, 2004, the Center for the multi-agency (Federal, State, and Seven of the 15 species proposed for Biological Diversity petitioned the private) Plant Extinction Prevention listing are candidate species (76 FR Secretary of the Interior to list 225 Program (PEPP). The goal of PEPP is to 66370; October 26, 2011). Candidate species of plants and animals, including prevent the extinction of plant species species are those taxa for which the the 7 candidate species listed above, as that have fewer than 50 individuals Service has sufficient information on endangered or threatened under the remaining in the wild on the islands of their biological status and threats to provisions of the Act. Since then, we Kauai, Oahu, Molokai, Lanai, Maui, and propose them for listing as endangered have published our annual findings on Hawaii (PEPP 2012, in litt.). We have or threatened species under the Act, but the May 4, 2004, petition (including our determined that these four plant species for which the development of a listing findings on the 7 candidate species warrant listing under the Act for the regulation has been precluded to date by listed above) in the CNORs dated May reasons discussed in the Summary of other higher priority listing activities. 11, 2005 (70 FR 24870), September 12, Factors Affecting the 15 Species The current candidate species addressed 2006 (71 FR 53756), December 6, 2007 Proposed for Listing section (below). in this proposed listing rule include the (72 FR 69034), and December 10, 2008 Because these 4 plant species occur five plants Bidens micrantha ssp. (73 FR 75176), November 9, 2009 (74 FR within 4 of the ecosystems identified in ctenophylla, Cyanea tritomantha, 57804), November 10, 2010 (75 FR this proposed rule, and share common Phyllostegia floribunda, Platydesma 69222), and October 26, 2011 (76 FR threats with the other 11 species remyi, and Stenogyne cranwelliae; and 66370). This proposed rule constitutes a proposed for listing under the Act, we the anchialine pool shrimp Vetericaris further response to the 2004 petition. have included them in this proposed chaceorum, and the picture-wing fly In addition to the seven candidate rule to provide them with protection Drosophila digressa. The candidate species, we are proposing to list four under the Act in an expeditious manner. status of all of these species was most plant species, Cyanea marksii, We are also proposing to list four recently assessed and reaffirmed in the Cyrtandra wagneri, Schiedea diffusa other plant species (Bidens October 26, 2011, Review of Native ssp. macraei, and Schiedea hawaiiensis, hillebrandiana ssp. hillebrandiana, Species that are Candidates for Listing that have been identified as the ‘‘rarest Cyrtandra nanawaleensis, Pittosporum as Endangered or Threatened (CNOR) of the rare’’ Hawaiian plant species in hawaiiense, and Pritchardia lanigera) (76 FR 66370). need of immediate conservation under that occur on Hawaii Island. We have
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determined that these four Hawaii the species between the time of listing eliminating these threats for each Island plant species warrant listing and now has not changed. Therefore, we individual species often requires the under the Act for the reasons discussed propose to recognize the listed species exact same management actions in the in the Summary of Factors Affecting the as Mezoneuron kavaiense. exact same areas. Effective management 15 Species Proposed for Listing section Critical Habitat Unit Map Corrections of these threats often requires (below). Because these 4 plant species implementation of conservation actions occur within 7 of the ecosystems Critical habitat was designated for at the ecosystem scale to enhance or identified in this proposed rule, and Cyanea shipmanii, Phyllostegia restore critical ecological processes and share common threats with the other 11 racemosa, Phyllostegia velutina, and provide for long-term viability of those species proposed for listing under the Plantago hawaiensis in 2003 (68 FR species in their native environment. Act, we have included them in this 39624; July 2, 2003). In this proposed Thus, by taking this approach, we hope proposed rule to provide them with rule, we are correcting critical habitat not only to organize this proposed rule protection under the Act in an unit maps published in 50 CFR efficiently, but also to more effectively expeditious manner. 17.99(k)(1) for these four species to focus conservation management efforts We are proposing critical habitat for accurately reflect their designated on the common threats that occur across two endangered plant species, critical habitat units. We are amending these ecosystems. Those efforts would Mezoneuron kavaiense (currently listed 50 CFR 17.99(k)(1) by removing four facilitate restoration of ecosystem as Mezoneuron kavaiense but listed in maps (Map 97, Unit 30—Cyanea functionality for the recovery of each error as Caesalpinia kavaiense in 50 stictophylla—d; Map 100, Unit 30— species, and provide conservation CFR 17.12, see taxonomic change Phyllostegia hawaiiensis—c; Map 101, benefits for associated native species, discussion below) (51 FR 24672; July 8, Unit 30—Phyllostegia racemosa—c; and thereby potentially precluding the need 1986) and Isodendrion pyrifolium (59 Map 102, Unit 30—Phyllostegia to list other species under the Act that velutina—b) that are either a duplicate FR 10305, March 4, 1994; 68 FR 39624, occur in these shared ecosystems. In July 2, 2003) for which critical habitat of another unit map or labeled with the addition, this approach is in accord has not been previously designated on incorrect species name. We are with the primary stated purpose of the the island of Hawaii. We are also replacing these four maps, using the Act (see section 2(b)): ‘‘to provide a proposing critical habitat for Bidens same map numbers, with correctly means whereby the ecosystems upon microthia ssp. ctenophylla, a candidate labeled maps that accurately represent which endangered species and species proposed for listing in this rule the geographic location of each species’ threatened species depend may be (76 FR 66370; October 26, 2011). critical habitat unit. conserved.’’ Proposed Taxonomic Change Since An Ecosystem-Based Approach to We propose to list the plants Bidens Listing for One Plant Species Listing 15 Species on Hawaii Island hillebrandiana ssp. hillebrandiana, B. We listed Mezoneuron kavaiense as On the island of Hawaii, as on most micrantha ssp. ctenophylla, Cyanea an endangered species in 1986 (51 FR of the Hawaiian Islands, native species marksii, Cyanea tritomantha, Cyrtandra 24672; July 8, 1986), based on the that occur in the same habitat types nanawaleensis, Cyrtandra wagneri, taxonomic treatment of Hillebrand (ecosystems) depend on many of the Phyllostegia floribunda, Pittosporum (1888, pp. 110–111). Following the same biological features and the hawaiiense, Platydesma remyi, reduction of Mezoneuron to Caesalpinia successful functioning of that ecosystem Pritchardia lanigera, Schiedea diffusa by Hattink (1974, p. 5), Geesink et al. to survive. We have therefore organized ssp. macraei, Schidea hawaiiensis, and (1990, pp. 646–647) changed the name the species addressed in this proposed Stenogyne cranwelliae; and the animals to Caesalpinia kavaiensis. In 1989, the rule by common ecosystem. Although Drosophila digressa and Vetericaris List of Endangered and Threatened the listing determination for each chaceorum, from Hawaii Island as Plants was revised to identify the listed species is analyzed separately, we have endangered species. These 15 species entity as Caesalpinia kavaiense. Recent organized the individual analysis for (13 plants, 1 anchialine pool shrimp, phylogenetic studies support separation each species within the context of the and 1 picture-wing fly) are found in 10 of Mezoneuron from Caesalpinia broader ecosystem in which it occurs to ecosystem types: anchialine pool, (Bruneau et al. 2008, p. 710). The avoid redundancy. In addition, native coastal, lowland dry, lowland mesic, recognized scientific name for this species that share ecosystems often face lowland wet, montane dry, montane species is Mezoneuron kavaiense a suite of common factors that may be mesic, montane wet, dry cliff, and wet (Wagner et al. 2012, p. 37). The range of a threat to them, and ameliorating or cliff (Table 2).
TABLE 2—SPECIES PROPOSED FOR LISTING ON HAWAII ISLAND AND THE ECOSYSTEMS UPON WHICH THEY DEPEND
Species Ecosystem Plants Animals
Anchialine Pool ...... Vetericaris chaceorum. Coastal ...... Bidens hillebrandiana ssp. hillebrandiana Lowland Dry ...... Bidens micrantha ssp. ctenophylla Lowland Mesic ...... Pittosporum hawaiiense ...... Drosophila digressa. Pritchardia lanigera Lowland Wet ...... Cyanea marksii Cyanea tritomantha Cyrtandra nanawaleensis Cyrtandra wagneri Phyllostegia floribunda Platydesma remyi Pritchardia lanigera Montane Dry ...... Schiedea hawaiiensis
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TABLE 2—SPECIES PROPOSED FOR LISTING ON HAWAII ISLAND AND THE ECOSYSTEMS UPON WHICH THEY DEPEND— Continued
Species Ecosystem Plants Animals
Montane Mesic ...... Phyllostegia floribunda ...... Drosophila digressa. Pittosporum hawaiiense Montane Wet ...... Cyanea marksii ...... Drosophila digressa. Cyanea tritomantha Phyllostegia floribunda Pittosporum hawaiiense Platydesma remyi Pritchardia lanigera Schiedea diffusa ssp.macraei Stenogyne cranwelliae Dry Cliff ...... Bidens hillebrandiana ssp. hillebrandiana Wet Cliff ...... Cyanea tritomantha Pritchardia lanigera Stenogyne cranwelliae
For each species, we identified and (59 FR 10305), and Mezoneuron multiple robust populations is a key evaluated those factors that threaten the kavaiense, which was listed as an component of recovery. species and that may be common to all endangered species on July 8, 1986 (51 Each of the areas proposed for of the species at the ecosystem level. For FR 24672). These two species are designation represents critical habitat example, the degradation of habitat by included in this proposed rule because for multiple species, based upon their nonnative ungulates is considered a they share proposed occupied and shared habitat requirements (i.e., threat to 14 of the 15 species proposed unoccupied critical habitat with Bidens physical or biological features) essential for listing, and is likely a threat to many, micrantha ssp. ctenophylla. for their conservation. The identification of critical habitat also if not most or all, of the native species In this proposed rule, we propose to takes into account any species-specific within a given ecosystem. We consider designate critical habitat for three conservation needs as appropriate. such a threat factor to be an ‘‘ecosystem- species in seven multiple-species level threat,’’ as each individual species The proposed species Bidens critical habitat units. Although critical within that ecosystem faces a threat that micrantha ssp. ctenophylla, and the habitat is identified for each species is essentially identical in terms of the listed species Isodendrion pyrifolium individually, we have found that the nature of the impact, its severity, its and Mezoneuron kavaiense co-occur in conservation of each depends, at least in timing, and its scope. Beyond the same lowland dry ecosystem on the part, on the successful functioning of ecosystem-level threats, we further island of Hawaii. These three species the physical or biological features of the identified and evaluated threat factors (Bidens micrantha ssp. ctenophylla, commonly shared ecosystem. Each that may be unique to certain species, Isodendrion pyrifolium, and critical habitat unit identified in this but do not apply to all species under Mezoneuron kavaiense) share many of proposed rule contains the physical or consideration within the same the same physical or biological features biological features essential to the ecosystem. For example, the threat of (e.g., elevation, annual rainfall, predation by nonnative wasps is unique conservation of those individual species substrate, associated native plant to the picture-wing fly in this proposed that occupy that particular unit at the genera), as well as the same threats from rule, and is not applicable to any of the time of listing, or contains areas development, fire, and nonnative other species proposed for listing. We essential for the conservation of those ungulates and plants. However, for the have identified such threat factors, species identified that do not presently remaining 14 species proposed for which apply only to certain species occupy that particular unit. Where the listing in this rule, we do not have the within the ecosystems addressed here, unit is not occupied by a particular analysis necessary to refine the as ‘‘species-specific threats.’’ species, we believe it is still essential for identification of the physical and the conservation of that species because biological features and delineate the An Ecosystem-Based Approach to the designation allows for the expansion specific areas that contain those features Determining Primary Constituent of its range and reintroduction of in the appropriate arrangement and Elements of Critical Habitat individuals into areas where it occurred quantity or the specific unoccupied Under section 4(a)(3)(A) of the Act, historically, and provides area for areas essential to the species’ we are required to designate critical recovery in the case of stochastic events conservation. As a result, we find that, habitat to the maximum extent prudent that otherwise hold the potential to for the remaining 14 species that we are and determinable concurrently with the eliminate the species from the one or proposing to list in this rule, the publication of a final determination that more locations where it is presently designation of critical habitat is not a species is an endangered or threatened found. Under current conditions, many determinable at this time. species. We are proposing to designate of these species are so rare in the wild critical habitat concurrently with listing that they are at high risk of extirpation The Island of Hawaii for the plant Bidens micrantha ssp. or even extinction from various The island of Hawaii, located ctenophylla, and for two previously stochastic events, such as hurricanes or southeast of the islands of Maui and listed plant species: Isodendrion landslides. Therefore, building up Kahoolawe, is the largest, highest, and pyrifolium, which was listed as an resilience and redundancy in these youngest island of the Hawaiian endangered species on March 4, 1994 species through the establishment of archipelago (Figure 1). At 4,038 square
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(sq) miles (mi) (10,458 sq kilometers expected to erupt again); Hualalai at FR 10305, March 4, 1994; USGS 2012, (km)) in area, it comprises 8,271 ft (2,521 m) is dormant (an active pp. 1–2). Hawaii Island, with its greater approximately two-thirds of the land volcano that is not erupting, but mass and higher elevations, has more area of the State of Hawaii, giving rise expected to erupt again); and Mauna distinctive climatic zones and to its common name, the ‘‘Big Island.’’ Loa at 13,677 ft (4,169 m) and Kilauea ecosystems than can be found elsewhere Five large shield volcanoes make up the at 4,093 ft (1,248 m) are both active in the State (Juvik and Juvik 1998, island of Hawaii: Mauna Kea at 13,796 (volcanoes that are currently erupting or p. 22). The highest and lowest recorded feet (ft) (4,205 meters (m)) and Kohala showing signs of unrest, such as temperatures in the State occur on at 5,480 ft (1,670 m) are both extinct significant new gas emission) Hawaii Island (USFWS 1996, p. 6; volcanoes (volcanoes that are not (McDonald et al. 1990, pp. 345–379; 59 Wagner et al. 1999a, p. 38).
The island of Hawaii lies within the slopes of the saddle area between A rain shadow effect, created by trade wind belt. Moisture derived from Mauna Loa and Mauna Kea, but dries Mauna Kea and Mauna Loa, on the the Pacific Ocean is carried to the island out rapidly as elevation increases. This leeward side of the island prevents the by north-easterly trade winds. Heavy orographic (associated with or induced Kona (west side of the island) coast from rains fall when the moisture in clouds by the presence of mountains) effect receiving precipitation from the makes contact with windward (the reaches an elevation of about 2,000 to predominantly northeasterly trade direction upwind from the point of 3,000 m (6,500 to 9,850 ft) and tends to winds (Wagner et al. 1999a, pp. 36–44). reference, usually the more wet side of go around rather than over the high However, convection-driven onshore an island) mountain slopes (Wagner et mountains. Thus, in the leeward saddle breezes create upslope showers most al. 1999a, pp. 38–42). Considerable area, and high-elevation areas of Mauna afternoons, resulting in greater than moisture reaches the leeward (the Kea and Mauna Loa, dry or arid expected annual rainfall (50 to more course in which the wind is blowing, conditions predominate (USFWS 1996, than 100 inches (in) (1,270 to more than typically the dryer side of an island) p. 6; Mitchell et al. 2005a, pp. 6–71). 2,540 millimeters (m)), which supports
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a broad band of mesic forest on portions of Hawaii (throughout this rule, the sparsely vegetated lava fields, although of leeward Hawaii (Mitchell et al. terms ‘‘alien,’’ ‘‘feral,’’ ‘‘nonnative,’’ and some pools occur in areas with various 2005a, pp. 6–71–6–91). Another major ‘‘introduced’’ all refer to species that are groundcover, shrub, and tree species source of rainfall is provided by winter not naturally native to the Hawaiian (Chai 1989, pp. 2–24; Brock 2004, p. 35). (Kona) storms, which develop south of Islands). Currently, most of the native The anchialine pool shrimp, Vetericaris the island, and impact the island when vegetation on the island persists on chaceorum, which is proposed for trade winds subside during the winter upper elevation slopes, valleys, and listing as an endangered species in this months. Kawaihae, in south Kohala (on ridges; steep slopes; precipitous cliffs; rule, occurs in this ecosystem (Kensley the northwest side of the island), is valley headwalls; and other regions and Williams 1986, pp. 417–437). effectively cut off from the northeasterly where unsuitable topography has Coastal tradewinds by the Kohala Mountains, prevented urbanization and agricultural and from southerly and southwesterly development, or where inaccessibility The coastal ecosystem is found on all winds of winter storms by Mauna Loa has limited encroachment by nonnative of the main Hawaiian Islands, with the and Hualalai. It is the driest place in the plant and animal species. highest native species diversity main (Hawaii, Kauai, Kahoolawe, Lanai, occurring in the least populated coastal Hawaii Island Ecosystems Molokai, Maui, Niihau, and Oahu) areas of Kauai, Oahu, Molokai, Maui, Hawaiian Islands, receiving only about There are 12 different ecosystems Kahoolawe, Hawaii Island, and their 8 in (200 mm) of rain per year (Wagner (anchialine pool, coastal, lowland dry, associated islets. On Hawaii Island, the et al. 1999a, p. 39). lowland mesic, lowland wet, montane coastal ecosystem includes mixed Due to its relatively young age (less dry, montane mesic, montane wet, herblands, shrublands, and grasslands, than 1 million years old), the island of subalpine, alpine, dry cliff, and wet from sea level to 1,000 ft (300 m) in Hawaii is represented by fewer soil cliff) recognized on the island of elevation, generally within a narrow types than the older main Hawaiian Hawaii. The 15 species proposed for zone above the influence of waves to Islands. Sizable areas of lava, cinder, listing occur in 10 of these 12 within 330 ft (100 m) inland, sometimes and rubble occur in the saddle between ecosystems (none of the 15 species are extending farther inland if strong Mauna Kea and Mauna Loa, and on reported in subalpine and alpine prevailing onshore winds drive sea recent lava flows originating from ecosystems). The lowland dry spray and sand dunes into the lowland Hualalai, Mauna Loa, and Kilauea (Juvik ecosystem supports the three species for zone (TNC 2006a, pp. 1–3). The coastal and Juvik 1998, pp. 44–46; Mitchell et which critical habitat is proposed. The ecosystem is typically dry, with annual al. 2005a, pp. 6–71–6–72). Other soil 10 Hawaii Island ecosystems that rainfall of less than 20 in (50 cm); types include: histosols, which are support the 15 proposed species are however, windward rainfall may be characterized by a thin, well-drained, described in the following section; see high enough (up to 40 in (100 organic layer and occur on younger lava Table 2 (above) for a list of the species centimeters (cm)) to support mesic- flows common in the Hilo and Kau that occur in each ecosystem type. associated and sometimes wet- associated vegetation (Gagne and areas; andisols, which occur on Anchialine Pools substrates older than 3,000 years, are Cuddihy 1999, pp. 54–66). Biological characterized by the ability to take up The anchialine pool ecosystem has diversity is low to moderate in this large amounts of phosphorous and are been reported from Oahu, Molokai, ecosystem, but may include some common on the east flank of Mauna Kea Maui, Kahoolawe, and Hawaii Island. specialized plants and animals such as and above Hilo; aridosols, which are Anchialine pools are land-locked bodies nesting seabirds and the endangered characterized by horizons with of water that have indirect underground plant Sesbania tomentosa (ohai) (TNC accumulations of carbonates, gypsum, connections to the sea, contain varying 2006a, pp. 1–3). The plant Bidens or sodium chloride, and are found in the levels of salinity, and show tidal hillebrandiana ssp. hillebrandiana, dry soils of deserts or the dry leeward fluctuations in water level. Because all which is proposed for listing as an sides of the island; and mollisols, which anchialine pools occur within coastal endangered species in this rule, occurs are characterized by a distinct dark- areas, they are technically a part of the in this ecosystem on Hawaii Island colored surface horizon enriched with coastal ecosystem (see below) with (Hawaii Biodiversity and Mapping organic matter, and are found under the many of the same applicable and Program Database (TNC 2007– grasslands on the dry leeward areas of overlapping habitat threats. However, in Ecosystem Database of ArcMap the island (Gavenda et al. 1998, p. 94). this proposal, we are addressing this Shapefiles, unpublished; HBMP The vegetation on the island of unique ecosystem distinctly. Over 80 2010a)). Hawaii continues to experience extreme percent of the State’s anchialine pools Lowland Dry alterations due to ongoing volcanic are found on the island of Hawaii, with activity, past and present land use, and a total of approximately 600 to 650 The lowland dry ecosystem includes other activities. Land with rich soils was pools distributed over 130 sites along all shrublands and forests generally below altered by the early Hawaiians and, but the island’s northernmost and 3,300 ft (1,000 m) elevation that receive more recently, converted to agricultural steeper northeastern shorelines. less than 50 in (130 cm) annual rainfall, use in the production of sugar, Characteristic animal species include or are in otherwise prevailingly dry diversified agriculture, and pasture for crustaceans (e.g., shrimps, prawns, substrate conditions that range from cattle (Bos taurus) ranching. For amphipods, isopods, etc.), several fish weathered reddish silty loams to stony example, large areas on the eastern species, molluscs, and other clay soils, rocky ledges with very slopes of the Kohala Mountains, Mauna invertebrates adapted to the pools’ shallow soil, or relatively recent little- Kea, and Mauna Loa were maintained in surface and subterranean habitats (The weathered lava (Gagne and Cuddihy sugarcane production until the late Nature Conservancy (TNC) 2009, pp. 1– 1999, p. 67). Areas consisting of 1960s (Juvik and Juvik 1998, p. 22). 3). Generally, vegetation within the predominantly native species in the Intentional and inadvertent introduction pools consists of various types of algal lowland dry ecosystem are now rare; of alien plant and animal species has forms (blue-green, green, red, and however, this ecosystem is found on the also contributed to the reduction in golden-brown). The majority of Hawaii’s islands of Kauai, Oahu, Molokai, Lanai, range of native vegetation on the island anchialine pools occur in bare or Maui, Kahoolawe and Hawaii, and is
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best represented on the leeward sides of receive greater than 75 in (190 cm) pp. 1–2). On Hawaii Island, specialized the islands (Gagne and Cuddihy 1999, p. annual precipitation, or are in otherwise plants and animals such as io or 67). On leeward Hawaii Island, this wet substrate conditions (TNC 2006d, Hawaiian hawk (Buteo solitarius) and ecosystem occurs on the northwest flank pp. 1–2). On the island of Hawaii, this Pittosporum hosmeri (hoawa) occur in of Hualalai in north Kona and on Mauna system is best developed in north the montane mesic ecosystem. The Loa in south Kona, but also occurs on Kohala, on the lower windward flanks plants Phyllostegia floribunda and the eastern Hawaii Island in Puna and of Mauna Kea and Mauna Loa, as well Pittosporum hawaiiense, and the Kau (within and adjacent to Hawaii as leeward areas benefiting from picture-wing fly Drosophila digressa, Volcanoes National Park (HVNP)) convection-driven upslope showers on which are proposed for listing as (Gagne and Cuddihy 1999, p. 67; TNC leeward Mauna Loa and Hualalai (TNC endangered species in this rule, are 2006b, pp. 1–2). Overall native 2006d, pp. 1–2). Native biological found in this ecosystem on Hawaii biological diversity is low to moderate diversity is high in this system (TNC Island (TNC 2007–Ecosystem Database in this ecosystem; however, tree species 2006d, pp. 1–2). The plants Cyanea of ArcMap Shapefiles, unpublished; exhibit a higher rate of diversity and marksii, Cyanea tritomantha, Cyrtandra Benitez et al. 2008, p. 58; HBMP 2010d; endemism (Pau et al. 2009, p. 3,167). nanawaleensis, Cyrtandra wagneri, HBMP 2010h). The lowland dry ecosystem includes Phyllostegia floribunda, Platydesma Montane Wet specialized animals and plants such as remyi, and Pritchardia lanigera, which the Hawaiian owl or pueo (Asio are proposed for listing as endangered The montane wet ecosystem is flammeus sandwichensis) and Santalum species in this rule, occur in this composed of natural communities ellipticum (iliahialoe or coast ecosystem on Hawaii Island (Lorence (grasslands, shrublands, forests, and sandalwood) (Gagne and Cuddihy 1999, and Perlman 2007, pp. 357–361; TNC bogs) found at elevations between 3,300 pp. 45–114; TNC 2006b, pp. 1–2). The 2007–Ecosystem Database of ArcMap and 6,600 ft (1,000 and 2,000 m), in plant Bidens micrantha ssp. Shapefiles, unpublished; HBMP 2010c; areas where annual precipitation is ctenophylla, which is proposed for HBMP 2010e; HBMP 2010f; HBMP greater than 75 in (191 cm) (TNC 2006g, listing as an endangered species in this 2010g; HBMP 2010h; HBMP 2010i). pp. 1–2). This system is found on all of rule, occurs in this ecosystem on Hawaii the main Hawaiian Islands except Montane Dry Island (TNC 2007–Ecosystem Database Niihau and Kahoolawe, and only the of ArcMap Shapefiles, unpublished; The montane dry ecosystem includes islands of Molokai, Maui, and Hawaii HBMP 2010b). grasslands, shrublands, and forests at have areas above 4,020 ft (1,225 m) elevations between 3,300 and 6,600 ft (TNC 2006g, pp. 1–2). On Hawaii Island, Lowland Mesic (1,000 and 2,000 m), that receive less the montane wet ecosystem occurs in The lowland mesic ecosystem than 50 in (130 cm) of annual the Kohala Mountains, in the east flank includes a variety of grasslands, precipitation, or are in otherwise dry of Mauna Kea, in the Kau Forest Reserve shrublands, and forests, generally below substrate conditions (TNC 2006e, pp. 1– (FR) on windward Mauna Loa, and on 3,300 ft (1,000 m) elevation, that receive 2). In the Hawaiian Islands, this the upper slopes of leeward Mauna Loa between 50 and 75 in (130 and 190 cm) ecosystem is found on the islands of (TNC 2007–Ecosystem Database of annual rainfall (TNC 2006c, pp. 1–2). In Maui and Hawaii (Gagne and Cuddihy ArcMap Shapefiles, unpublished). the Hawaiian Islands, this ecosystem is 1999, pp. 93–97). On Hawaii Island, this Native biological diversity is moderate found on Oahu, Kauai, Molokai, Lanai, ecosystem is best represented on the to high (TNC 2006g, pp. 1–2). The Maui, and Hawaii, on both windward upper slopes of Hualalai and the Mauna plants Cyanea marksii, C. tritomantha, and leeward sides of the islands. On Kea-Mauna Loa saddle area, and Phyllostegia floribunda, Pittosporum Hawaii Island, this ecosystem is often includes specialized animals and plants hawaiiense, Platydesma remyi, reduced to remnant occurrences, but such as the elepaio (Chasiempis Pritchardia lanigera, Schiedea diffusa can be found in north Kohala, on the sandwichensis) and Isodendrion ssp. macraei, and Stenogyne southwest and southeast flanks of hosakae (aupaka) (Gagne and Cuddihy cranwelliae, and the picture-wing fly Mauna Loa and Kilauea (Gagne and 1999, pp. 45–114; TNC 2006e, pp. 1–2). Drosophila digressa, which are Cuddihy 1999, p. 75; TNC 2006c, pp. 1– The plant Schiedea hawaiiensis, proposed for listing as endangered 2). Native biological diversity is high in proposed for listing as an endangered species in this rule, occur in this this system (TNC 2006c, pp. 1–2). The species in this rule, is found in this ecosystem on Hawaii Island (TNC 2007– plants, Pittosporum hawaiiense and ecosystem on Hawaii Island (U.S. Army Ecosystem Database of ArcMap Pritchardia lanigera, and the picture- Garrison 2006, pp. 1–55). Shapefiles, unpublished; Benitez et al. wing fly Drosophila digressa, which are 2008, p. 58; HBMP 2010c; HBMP 2010d; Montane Mesic proposed for listing as endangered HBMP 2010e; HBMP 2010f; HBMP species in this rule, occur in this The montane mesic ecosystem is 2010h; HBMP 2010i; HBMP 2010j; ecosystem on Hawaii Island (TNC 2007– composed of natural communities HBMP 2010k). Ecosystem Database of ArcMap (forests and shrublands) found at Dry Cliff Shapefiles, unpublished; Benitez et al. elevations between 3,300 and 6,600 ft 2008, p. 58; HBMP 2010c; HBMP (1,000 and 2,000 m), in areas where The dry cliff ecosystem is composed 2010d). annual precipitation is between 50 and of vegetation communities occupying 75 in (130 and 190 cm), or areas in steep slopes (greater than 65 degrees) in Lowland Wet otherwise mesic substrate conditions areas that receive less than 75 in (190 The lowland wet ecosystem is (TNC 2006f, pp. 1–2). This system is cm) of rainfall annually, or that are in generally found below 3,300 ft (1,000 m) found on Kauai, Molokai, Maui, and otherwise dry substrate conditions (TNC elevation on the windward sides of the Hawaii Island (Gagne and Cuddihy 2006h, pp. 1–2). This ecosystem is main Hawaiian Islands, except Niihau 1999, pp. 97–99; TNC 2007–Ecosystem found on all of the main Hawaiian and Kahoolawe (Gagne and Cuddihy Database of ArcMap Shapefiles, Islands except Niihau, and is best 1999, p. 85; TNC 2006d, pp. 1–2). These unpublished). Native biological represented along portions of the eroded areas include a variety of wet diversity is moderate (Gagne and cliffs of east Kohala on Hawaii Island grasslands, shrublands, and forests that Cuddihy 1999, pp. 98–99; TNC 2006f, (TNC 2006h, pp. 1–2). A variety of
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shrublands occur within this ecosystem hillebrandiana ssp. hillebrandiana lava tube in the Kona unit of the (TNC 2006h, pp. 1–2). Native biological totaling 40 or fewer individuals along Hakalau National Wildlife Refuge diversity is low to moderate (TNC the windward Kohala coast, in the (NWR) (PEPP 2007, p. 61), one 2006h, pp. 1–2). The plant Bidens coastal and dry cliff ecosystems. There individual in a pit crater in the South hillebrandiana ssp. hillebrandiana, are 30 individuals on the Pololu Kona FR, and 25 individuals on private which is proposed for listing as an seacliffs, and 5 to 10 individuals on the land in south Kona (PEPP 2007, p. 61; endangered species in this rule, occurs seacliffs between Pololu and Honokane Bio 2011, pers. comm.). Fruit has been in this ecosystem on Hawaii Island Nui (Perlman 1998, in litt.; Perlman collected from the individuals on (TNC 2007–Ecosystem Database of 2006, in litt.). Biologists speculate that private land, and 11 plants have been ArcMap Shapefiles, unpublished; this species may total as many as 100 successfully propagated at the Volcano HBMP 2010a). individuals with further surveys of Rare Plant Facility (VRPF) (PEPP 2007, potential habitat along the Kohala coast p. 61; Bio 2011, pers. comm.). Wet Cliff (Mitchell et al. 2005b; PEPP 2006, p. 3). Cyanea tritomantha (aku), a palmlike The wet cliff ecosystem is generally Bidens micrantha ssp. ctenophylla shrub in the bellflower family composed of shrublands on near- (kookoolau), a perennial herb in the (Campanulaceae), is known only from vertical slopes (greater than 65 degrees) sunflower family (Asteraceae), occurs the island of Hawaii (Pratt and Abbott in areas that receive more than 75 in only on the island of Hawaii (Ganders 1997, p. 13; Lammers 2004, p. 89). (190 cm) of annual precipitation, or that and Nagata 1999, pp. 271, 273). Historically, this species was known are in otherwise wet substrate Historically, B. micrantha ssp. from the windward slopes of Mauna conditions (TNC 2006i, pp. 1–2). This ctenophylla was known from the north Kea, Mauna Loa, Kilauea, and the system is found on the islands of Kauai, Kona district, in the lowland dry Kohala Mountains, in the lowland wet, Oahu, Molokai, Lanai, Maui, and ecosystem (HBMP 2010b). Currently, montane wet, and wet cliff ecosystems Hawaii. On the island of Hawaii, this this subspecies is restricted to an area of (Pratt and Abbott 1997, p. 13). system is found in windward Kohala less than 10 sq mi (26 sq km) on the Currently, there are 16 occurrences of valleys and on the southeastern slope of leeward slopes of Hualalai volcano, in Cyanea tritomantha totaling fewer than Mauna Loa (TNC 2006i, pp. 1–2). Native the lowland dry ecosystem in 6 400 individuals in the lowland wet, biological diversity is low to moderate occurrences totaling fewer than 1,000 montane wet, and wet cliff ecosystems: (TNC 2006i, pp. 1–2). The plants individuals. The largest occurrence is 10 occurrences (totaling fewer than 240 Cyanea tritomantha, Pritchardia found off Hina Lani Road with over 475 individuals) in the Kohala Mountains lanigera, and Stenogyne cranwelliae, individuals widely dispersed (Perlman 1993, in litt.; Perlman 1995a, which are proposed for listing as throughout the area (Zimpfer 2011, in in litt.; Perlman and Wood 1996, pp. 1– endangered species in this rule, are litt.). The occurrence at Kealakehe was 14; HBMP 2010f; PEPP 2010, p. 60); 2 found in this ecosystem on Hawaii reported to have been abundant and occurrences (totaling fewer than 75 Island (TNC 2007–Ecosystem Database common in 1992, but by 2010 had individuals) in the Laupahoehoe of ArcMap Shapefiles, unpublished; declined to low numbers (Whister 2007, Natural Area Reserve (NAR) (HBMP HBMP 2010d; HBMP 2010f; HBMP pp. 1–18; Bio 2008, in litt.; HBMP 2010f; Bio 2011, pers. comm.); 1 2010k). 2010b; Whister 2008, pp. 1–11). In occurrence (20 adults and 30 juveniles) addition, there are three individuals in at Puu Makaala NAR (Perlman and Bio Description of the 15 Species Proposed Kaloko–Honokohau National Historical 2008, in litt.; Agorastos 2010, in litt.; for Listing Park (NHP) (Beavers 2010, in litt.), and HBMP 2010f; Bio 2011, pers. comm.); 1 Below is a brief description of each of three occurrences are found within occurrence (a few scattered individuals) the 15 species proposed for listing, close proximity to each other to the off Tom’s Trail in the Upper Waiakea FR presented in alphabetical order by northeast: five individuals in an (Perlman and Bio 2008, in litt.); and 2 genus. Plants are presented first, exclosure at Puuwaawaa Wildlife occurrences (totaling 11 individuals) in followed by animals. Sanctuary (HBMP 2010b); a few Olaa Tract in HVNP (Pratt 2007a, in litt.; scattered individuals at Kaupulehu; and Pratt 2008a, in litt). In 2003, over 75 Plants a few individuals on private land at individuals were outplanted in HVNP’s In order to avoid confusion regarding Palani Ranch (Whistler 2007, pp. 1–18; Olaa Tract and Small Tract; however, by the number of locations of each species Whistler 2008, pp. 1–11). Bidens 2010, less than one third of these (a location does not necessarily micrantha ssp. ctenophylla has also individuals remained (Pratt 2011a, in represent a viable population), we use been outplanted within fenced litt.). In addition, a few individuals have the word ‘‘occurrence’’ instead of exclosures at Kaloko–Honokohau NHP been outplanted at Puu Makaala NAR ‘‘population.’’ Each occurrence is (49 individuals), Koaia Tree Sanctuary and Upper Waiakea FR (Hawaii composed only of wild (i.e., not (1 individual), and Puuwaawaa (5 Department of Land and Natural propagated and outplanted) individuals. individuals) (Boston 2008, in litt.; Resources (HDLNR) 2006; Belfield 2007, Bidens hillebrandiana ssp. HBMP 2010b). in litt.; Agorastos 2010, in litt.). Cyanea hillebrandiana (kookoolau), a perennial Cyanea marksii (haha), a shrub in the tritomantha produces few seeds, and herb in the sunflower family bellflower family (Campanulaceae), is their viability tends to be low (Moriyasu (Asteraceae), occurs only on the island found only on the island of Hawaii. 2009, in litt.) of Hawaii (Ganders and Nagata 1999, Historically, C. marksii was known from Cyrtandra nanawaleensis (haiwale), a pp. 275–276). Historically, B. the Kona district, in the lowland wet shrub or small tree in the African violet hillebrandiana ssp. hillebrandiana was and montane wet ecosystems (Lammers family (Gesneriaceae), is known only known from two locations along the 1999, p. 457; HBMP 2010e). Currently, from the island of Hawaii (Wagner and windward Kohala coastline, in the there are 27 individuals distributed Herbst 2003, p. 29; Wagner et al. coastal and dry cliff ecosystems, often among 3 occurrences in south Kona, in 2005a—Flora of the Hawaiian Islands along rocks just above the ocean the lowland wet and montane wet database). Historically, C. (Degener and Wiebke 1926, in litt.; ecosystems (PEPP 2007, p. 61). There is nanawaleensis was known only from Flynn. 1988, in litt.). Currently, there an adult and 20 to 30 juveniles (each the Nanawale FR and the adjacent are two known occurrences of B. approximately 1 in (2.54 cm tall)) in a Malama Ki FR in the Puna district, in
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the lowland wet ecosystem (St. John Laupahoehoe NAR, Waiakea FR, and lowland mesic, montane mesic, and 1987, p. 500; Wagner et al. 1988, in litt.; Upper Waiakea FR; and southward into montane wet ecosystems (Wagner et HBMP 2010g; Pratt 2011b, in litt.). Hilo, HVNP, and Puna. One report al.1999c, p. 1,044). Currently, there are Currently, C. nanawaleensis is known exists of the species occurring from 14 known occurrences totaling fewer from 4 occurrences with approximately north Kona and a few occurrences in than 75 individuals, from HVNP to Puu 140 individuals in the lowland wet south Kona (Cuddihy et al. 1982, in litt.; O Umi NAR, and south Kona, in the ecosystem: 2 occurrences in Malama Ki Wagner et al. 2005b—Flora of the lowland mesic, montane mesic, and FR totaling 70 individuals (Lau 2011, Hawaiian Islands database; Perlman et montane wet ecosystems: 1 occurrence pers. comm.); 1 occurrence in al. 2008, in litt.; HBMP 2010h; Bishop in Puu O Umi NAR (several scattered Keauohana FR (with 56 individuals) Museum 2011—Herbarium Database). individuals) (Perlman 1995b, in litt.); 1 (Magnacca 2011a, in litt.); and 1 Currently, there are 12 known occurrence (with a least one individual) occurrence in the Halepuaa section of occurrences of P. floribunda totaling in TNC’s Kona Hema PR (Oppenheimer Nanawale FR (with 13 individuals) fewer than 100 individuals, in the et al. 1998, in litt.); 1 occurrence (with (Johansen 2012, in litt.; Kobsa 2012, in lowland wet, montane mesic, and several individuals) at Kukuiopae litt.). Conversion of areas within the montane wet ecosystems (Bruegmann (Perlman and Perry 2002, in litt.); 1 Halepuaa section of Nanawale FR to 1998, in litt.; Giffin 2009, in litt.; HBMP occurrence (with a few individuals) in papaya production over the past 25 2010h): 2 occurrences within HVNP, at the Manuka NAR (Perry 2011, in litt.); years is thought to have contributed to Kamoamoa (1 individual) (HBMP 8 occurrences (totaling fewer than 58 the decline of the species in this area 2010h) and near Napau Crater (4 individuals) scattered within the (Pratt 2011b, in litt.; Kobsa 2012, in litt.; individuals) (Pratt 2005, in litt.; Pratt Kahuku unit of HVNP; 1 occurrence in Pratt 2012, in litt.). Biologists report that 2007b, in litt.; HBMP 2010h); 1 the Olaa FR (at least one individual), C. nanawaleensis is in decline occurrence behind the Volcano solid just adjacent to the Olaa Tract in HVNP; throughout its already limited range waste transfer station (10 to 50 and 1 occurrence (with fewer than 6 (Bio 2011, pers. comm.; Kobsa 2012, in individuals) (Flynn 1984, in litt.; individuals) at the Volcano solid waste litt.). Perlman and Wood 1993–Hawaii Plant transfer station (Wood and Perlman Cyrtandra wagneri (haiwale), a shrub Conservation Maps database; Pratt 1991, in litt.; McDaniel 2011a, in litt.; or small tree in the African violet family 2007b, in litt.; HBMP 2010h); 1 McDaniel 2011b, in litt.; Pratt 2011d, in (Gesneriaceae), occurs only on the occurrence (with an unknown number litt.). Biologists have observed very low island of Hawaii (Lorence and Perlman individuals) in the Wao Kele O Puna regeneration in these occurrences, 2007, p. 357). Historically, C. wagneri NAR (HBMP 2010h); at least 1 which is believed to be caused, in part, was known from a few individuals occurrence each (with a few individuals by rat predation on the seeds (Bio 2011, along the steep banks of the each) in the Puu Makaala NAR, Waiakea pers. comm.). Kaiwilahilahi Stream in the FR, Upper Waiakea FR, and TNC’s Kona Laupahoehoe NAR, in the lowland wet Platydesma remyi (NCN), a shrub or Hema Preserve (PR) (Perry 2006, in litt.; shrubby tree in the rue family ecosystem (Perlman et al. 1998, in litt.). Perlman 2007, in litt.; Giffin 2009, in In 2002, there were 2 known (Rutaceae), occurs only on the island of litt.; PEPP 2008, pp. 106–107; Perlman Hawaii (Stone et al. 1999, p. 1210; occurrences totaling fewer than 175 et al. 2008, in litt.; Pratt 2008a, in litt.; individuals in the Laupahoehoe NAR: USFWS 2010, pp. 4-66–4-67, A–11, A– Pratt 2008b, in litt.; Agorastos 2010, in 74). Historically, P. remyi was known one occurrence (totaling 150 individuals litt.); 2 occurrences (each with an (50 adults and 100 juveniles)) along the from a few scattered individuals on the unknown number of individuals) from steep banks of the Kilau Stream windward slopes of the Kohala the South Kona FR; 1 occurrence (one (Lorence et al. 2002, in litt.; Perlman Mountains and several small individual) in the Kipahoehoe NAR; and Perry 2003, in litt.; Lorence and populations on the windward slopes of and, 1 occurrence (with an unknown Perlman 2007, p. 359), and a second Mauna Kea, in the lowland wet and number of individuals) in the occurrence (with approximately 10 montane wet ecosystems (Stone et al. Lapauhoehoe NAR (Moriyasu 2009, in sterile individuals) along the slopes of 1999, p. 1210; HBMP 2010i). Currently, litt.; HBMP 2010h; Agorastos 2010, in the Kaiwilahilahi stream banks (Lorence P. remyi is known from 8 occurrences litt.). Since 2003, over 400 individuals and Perlman 2007, p. 359). Currently, totaling fewer than 40 individuals, all of have been outplanted at HVNP, Waiakea there are no individuals remaining at which are found in the Laupahoehoe Kaiwilahilahi Stream, and the FR, Puu Makaala NAR, Honomalino in NAR or in closely surrounding areas, in individuals at Kilau Stream appear to be TNC’s Kona Hema PR, and Kipahoehoe the lowland wet and montane wet hybridizing with the endangered NAR (Bruegmann 2006, in litt.; HDLNR ecosystems: along the banks of Cyrtandra tintinnabula. Biologists have 2006, p. 38; Tangalin 2006, in litt.; Kaiwilahilahi Stream in the identified only eight individuals at Belfield 2007, in litt.; Pratt 2007b, in Laupahoehoe NAR (unknown number of Kilau Stream that express the true litt.; VRPF 2008, in litt.; VRPF 2010, in individuals) (Perlman and Perry 2001, phenotype of Cyrtandra wagneri, and litt.; Bio 2008, in litt.; Agorastos 2010, in litt.; Bio 2008, in litt.; HBMP 2010i); only three of these individuals are in litt.). However, for reasons unknown, near the Spencer Hunter Trail in the reproducing successfully (PEPP 2010, p. approximately 90 percent of the Laupahoehoe NAR (fewer than 17 102; Bio 2011, pers. comm.). outplantings experience high seedling individuals) (PEPP 2010, p. 102); the Phyllostegia floribunda (NCN), a mortality (Pratt 2007b, in litt.; Van central part of the Laupahoehoe NAR (5 perennial herb in the mint family DeMark et al. 2010, pp. 24–43). to 6 scattered individuals) (HBMP (Lamiaceae), is found only on the island Pittosporum hawaiiense (hoawa, 2010i); near Kilau (1 to 3 individuals) of Hawaii (Wagner 1999, p. 268; Wagner haawa), a small tree in the pittosporum and Pahale (1 to 3 individuals) Streams et al. 1999b, p. 815). Historically, P. family (Pittosporaceae), is known only in Laupahoehoe NAR; southeastern floribunda was reported in the lowland from the island of Hawaii (Wagner et al. region of Laupahoehoe NAR (1 wet, montane mesic, and montane wet 1999c, p. 1,044). Historically, P. individual); Hakalau unit of the Hakalau ecosystems at scattered sites along the hawaiiense was known from the NWR (1 individual) (USFWS 2010, p. 4- slopes of the Kohala Mountains; leeward side of the island, from the 74–4-75); and the Humuula region of the southeast through Hamakua, Kohala Mountains south to Kau, in the Hilo FR (2 individuals) (Bruegmann
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1998, in litt.; Bio 2008, in litt.; PEPP collection by Hillebrand (1888, p. 33) endemic Hawaiian species are highly 2008, p. 107; HBMP 2010i). According from the Waimea region, in the montane host-plant-specific (Magnacca et al. to field biologists, this species appears dry ecosystem (Wagner et al. 2005d, pp. 2008, p. 1). Drosophila digressa relies to be declining with no regeneration 92–96). Currently, S. hawaiiensis is solely on the decaying stems of believed to be caused, in part, by rat known from 25 to 40 individuals on the Charpentiera spp. for oviposition (to predation on the seeds (Bio 2011, pers. U.S. Army’s Pohakuloa Training Area deposit or lay eggs) and larval substrate comm.). In 2009, 29 individuals of P. (PTA) in the montane dry ecosystem, in (Magnacca et al. 2008, pp. 11, 13). The remyi were outplanted in Laupahoehoe the saddle area between Moana Loa and larvae complete development in the NAR (Bio 2008, in litt.). Their current Mauna Kea (Gon III and Tierney 1996 in decaying tissue before dropping to the status is unknown. Wagner et al. 2005d, p. 92; Wagner et al. soil to pupate (Montgomery 1975, pp. Pritchardia lanigera (loulu), a 2005d, p. 92; Evans 2011, in litt.). In 65–103; Spieth 1986, p. 105). Pupae medium-sized tree in the palm family addition, there are over 150 individuals develop into adults in approximately 1 (Arecaceae), is found only on the island outplanted at PTA (Kipuka Alala and month, and adults sexually mature 1 of Hawaii (Read and Hodel 1999, p. Kalawamauna), Puu Huluhulu, Puu month later. Adults live for 1 to 2 1,371; Hodel 2007, pp. 10, 24–25). Waawaa, and Kipuka Oweowe (Evans months. The adult flies are generalist Historically, P. lanigera was known 2011, in litt.). microbivores (microbe eating) and feed from the Kohala Mountains, Hamakua Stenogyne cranwelliae (NCN), a vine upon a variety of decomposing plant district, windward slopes of Mauna Kea, in the mint family (Lamiaceae), is material. Drosophila digressa occurs in and southern slopes of Mauna Loa, in known only from the island of Hawaii. elevations ranging from approximately the lowland mesic, lowland wet, Historically, S. cranwelliae was known 2,000 to 4,500 ft (610 to 1,370 m), in the montane wet, and wet cliff ecosystems from the Kohala Mountains, in the lowland mesic, montane mesic, and (Read and Hodel 1999, p. 1,371; HBMP montane wet and wet cliff ecosystems montane wet ecosystems (Magnacca 2010c). Currently, P. lanigera is known (Weller and Sakai 1999, p. 837). 2011a, pers. comm.). Historically, from 2 occurrences totaling fewer than Currently, there are 6 occurrences of S. Drosophila digressa was known from 220 individuals scattered along the cranwelliae totaling fewer than 160 five sites: Moanuiahea pit crater on windward side of the Kohala individuals in the Kohala Mountains, in Hualalai, Manuka FR, Kipuka 9 and Mountains, in the lowland mesic, the montane wet and wet cliff Bird Park in HVNP, and Olaa FR lowland wet, montane wet, and wet cliff ecosystems: roughly 1.5 sq mi (2.5 sq (Montgomery 1975, p. 98; Magnacca ecosystems. Approximately 100 to 200 km) around the border between the Puu 2006, pers. comm.; HBMP 2010d; individuals are scattered over 1 sq mi (3 O Umi NAR and Kohala FR, near Magnacca 2011b, in litt.). Currently, D. sq km) in Waimanu Valley and streams and bogs (ranging from 3 to 100 digressa is known from only two surrounding areas (Wood 1995, in litt.; scattered individuals) (Perlman and locations, one population in the Manuka Perlman and Wood 1996, p. 6; Wood Wood 1996, pp. 1–14; HBMP 2010k); NAR within the Manuka FR, in the 1998, in litt.; Perlman et al. 2004, in litt.; Opaeloa, in the Puu O Umi NAR (3 lowland mesic and montane mesic HBMP 2010c). There are at least five individuals) (Perlman and Wood 1996, ecosystems, and a second population in individuals in the back rim of Alakahi pp. 1–14; HBMP 2010k); Puukapu, in the Olaa FR in the montane wet Gulch in Waipio Valley (HBMP 2010c). the Puu O Umi NAR (6-by 6-ft (2-by 2- ecosystem (Magnacca 2011b, in litt.). According to field biologists, pollination m) ‘‘patch’’ of individuals) (HBMP The current number of individuals at rates appear to be low for this species, 2010k); the rim of Kawainui Gulch (1 each of these locations is unknown and the absence of seedlings and individual) (Perlman and Wood 1996, (Magnacca 2011b, in litt.). juveniles at known locations suggests pp. 1–14; HBMP 2010k); along that regeneration is not occurring Kohakohau Stream, in the Puu O Umi Vetericaris chaceorum (anchialine believed to be caused, in part, by beetle NAR (a few individuals) (Perlman and pool shrimp) is a member of the family and rat predation on the fruits and seeds Wood 1996, pp. 1–14; HBMP 2010k); Procarididae and is considered one of (Bio 2011, pers. comm.). and Waimanu Bog Unit in the Puu O the most primitive shrimp species in the Schiedea diffusa ssp. macraei (NCN), Umi NAR (a ‘‘patch’’ of individuals) world (Kensley and Williams 1986, pp. a perennial climbing herb in the pink (Agorastos 2010, in litt.) 428–429). Known only from the island family (Caryophyllaceae), is reported of Hawaii, the species is one of seven only from the island of Hawaii (Wagner Animals known species of hypogeal et al. 2005c—Flowering Plants of the Drosophila digressa (picture-wing (underground) shrimp found in the Hawaiian Islands database; Wagner et fly), a member of the family Hawaiian Islands that occur in al. 2005d, p. 106). Historically, S. Drosophilidae, was described in 1968 by anchialine pools (Brock 2004, p. 6). diffusa ssp. macraei was known from Hardy and Kaneshiro and is found only Anchialine pool habitats can be the Kohala Mountains, the windward on the island of Hawaii (Hardy and distinguished from similar systems (i.e., slopes of Mauna Loa, and the Olaa Tract Kaneshiro 1968, pp. 180–1882; Carson tidal pools) in that they are land-locked of HVNP, in the montane wet ecosystem 1986, p. 3–9). This species is small, with with no surface connections to water (Perlman et al. 2001, in litt.; Wagner et adults ranging in size from 0.15 to 0.19 sources either saline or fresh, but have al. 2005d, p. 106; HBMP 2010j). in (4.0 to 5.0 mm) in length. Adults are subterranean hydrologic connections Currently, there is one individual of S. brownish yellow in color and have where water flows through cracks and diffusa ssp. macraei on the slopes of Eke yellow-colored legs and hyaline (shiny- crevices, and yet remain tidally in the Kohala Mountains, in the clear) wings with prominent brown influenced (Holthuis 1973, p. 3; Stock montane wet ecosystem (Wagner et al. spots. Breeding generally occurs year 1986, p. 91). Anchialine habitats are 2005d, p. 106; Bio 2011, pers. comm.). round, but egg laying and larval ecologically distinct and unique, and Schiedea hawaiiensis (NCN), a development increase following the while widely distributed throughout the perennial herb or subshrub in the pink rainy season as the availability of world, they only occur in the United family (Caryophyllaceae), is known only decaying matter, which picture-wing States in the Hawaiian Islands (Brock from the island of Hawaii (Wagner et al. flies feed on, increases in response to 2004, p. i, 2, and 12). In the Hawaiian 2005d, pp. 92–96). Historically, S. heavy rains. In contrast to most Islands, there are estimated to be 600 to hawaiiensis was known from a single continental Drosophilidae, many 700 anchialine pools, with the majority
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occurring on the island of Hawaii (Brock lava tube located on the southernmost or shrubs (Maciolek and Brock 1974, p. 2004, p. i). point of Hawaii Island in an area known 50). According to Maciolek and Brock’s Relatively large in size for a hypogeal as Ka Lae (South Point) (Kensley and (1974, pp. 17, 50) report, hypogeal shrimp species, adult Vetericaris Williams 1986, pp. 417–418; Brock shrimp species found at Lua O chaceorum measure approximately 2.0 2004, p. 2; HBMP 2010). Age estimates Palahemo at that time included Procaris in (5.0 cm) in total body length, for Lua O Palahemo range from as young hawaiiana (then, only the second excluding the primary antennae, which as 11,780 years to a maximum of age of known location), Calliasmata pholidota, are approximately the same length as 25,000 years based upon radio carbon Antecaridina lauensis, and the adult’s body length (Kensley and data (Kensley and Williams 1986, pp. Halocaridina rubra. Maciolek and Brock Williams 1986, 417–418). Brock (2004, p. 18) states this (1974, pp. 50) reported that Lua O p. 419). The species lacks large lava tube is the second most important Palahemo was inhabited by the greatest chelapeds (claws) (Kensley and anchialine pool habitat in the State concentration of H. rubra ever observed Williams 1986, p. 426), which are a key because of its unique connection to the up to that time period (1972–1973), and diagnostic characteristic of all other ocean, the vertical size (i.e., depth), and indeed, Holthius (1973, p. 22) reported known shrimp species. Vetericaris the presence of a total of five different that the density of H. rubra swimming chaceorum is largely devoid of pigment species including Halocaridina in a swarm near the pool surface was and lacks eyes, although eyestalks are palahemo, Halocaridina rubra, Procaris sufficiently high enough to cause the present (Kensley and Williams 1986, p. hawaiiana, Calliasmata pholidota, and water to appear blood red in color. 419). Vetericaris chaceorum. Although neither scientific article Observations of V. chaceorum Lua O Palahemo itself is actually a written about this survey explicitly indicate the species is a strong swimmer naturally occurring opening (surface describes water clarity at Lua O and propels its body forward in an collapse) into a large lava tube below. Palahemo, both imply that the water upright manner with its appendages The opening measures approximately 33 was clear enough to see the various held in a basket formation below the ft (10 m) in diameter and is directly shrimp species from distances of several body. Forward movement is produced exposed to sunlight. Unlike most meters within the pool and the area by a rhythmic movement of the thoracic anchialine pools in the Hawaiian directly below the pool. and abdominal appendages, and during Islands, which have depths less than 4.9 In May of 1985, a second, more capture of some specimens, V. ft (1.5 m) (Brock 2004, p. 3), Lua O thorough survey of Lua O Palahemo was chaceorum escape tactics included only Palahemo’s deep pool includes a deep conducted by local biologists, a world- forward movement and a notable lack of shaft with vertical sides extending renowned cave diver, and hypogeal tail flicking, which would allow downward about 46 ft (14 m) into the shrimp specialists (Kensley and backward movement and which is lava tube below, which then splits off Williams 1986, pp. 417–426; Bozanic common to other shrimp species into two directions, both ending in 2004, p. 1–2). Because this survey (Kensley and Williams 1986, p. 426). No blockages (Holthuis 1974, p.11; Kensley included SCUBA methods, the full response was observed when the species and Williams 1986, p. 418). The tube extent of the submerged system was was exposed to light (Kensley and runs generally north and south, explored, and physical characteristics, Williams 1986, p. 418). extending northward for 282 ft (86 m) dimensions, and water measurements The feeding habits of V. chaceorum and southward for 718 ft (219 m) to a were completed for the pool as well as are unknown, although Kensley and depth of 108 ft (33 m) below sea level the water column directly below and the Williams (1986, p. 426) reported that the (Kensley and Williams 1986, p. 418). main lava tube. Pool surface gut contents of a captured specimen We have information pertaining to measurements revealed a temperature of included large quantities of an orange- three distinct survey efforts at Lua O 75.2 degrees Fahrenheit (24 degrees colored oil and fragments of other Palahemo. The first survey occurred in Centigrade), salinity of 20 ppt, and crustaceans (including Procaris 1972–1973 (Holthius 1973, pp. 10–12; dissolved oxygen of 6.0 parts per hawaiana, a co-occurring anchialine 22; Maciolek and Brock 1974, pp. 1–2; million (ppm) (Kensley and Williams pool shrimp), indicating that the species 17; 50); a second survey in May 1985 1986, p. 418). At a depth of 108 ft (33 may be carnivorous upon its associated (Kensley and Williams 1986, pp. 417– m) (or 590 ft (180 m) from the pool anchialine pool shrimp species. In 426; Bozanic 2004, p. 1); and a third surface) in the southward or seaward general, hypogeal shrimp occur within survey in July 2010 (Wada 2012, pers. portion of the submerged lava tube both the illuminated part of their comm.). Descriptions of each survey where Vetericaris chaceorum was anchialine pool habitat as well as within follow and are considered relevant discovered and observed, measurements the cracks and crevices in the water because each survey sheds light on the revealed a salinity of 30 ppt and table below the surface (Brock 2004, decline of habitat available to dissolved oxygen at 0.3 ppm (Kensley p. 6), and relative abundance of some Vetericaris chaceorum. and Williams 1986, p. 418). Hawaii species is directly tied to food Lua O Palahemo was first formally The 1985 survey team completed a abundance (Brock 2004, p. 10). surveyed as anchialine pool habitat total of three dives within the Lua o Furthermore, studies indicate that the sometime between 1972–1973 (Maciolek Palahemo lava tube during their 1985 lighted environment of anchialine pools and Brock 1974, pp. 1–2; 17). During exploration of the site (Kensley and offers refugia of high benthic this survey, which did not include Williams 1986, pp. 417, 426). During productivity, resulting in higher SCUBA methods, the following physical those dives, researchers made five population levels for the shrimp characteristics and measurements of the observations of Vetericaris chaceorum compared to the surrounding interstitial pond were noted: salinity ranged in total darkness at a depth of 108 ft (33 spaces occupied by these species, albeit between 18 to 22 parts per thousand m) and 590 ft (180 m) from the opening, in lower numbers (Brock 2004, p. 10). (ppt); the pool depth was recorded as collecting two specimens. Kensley and Although over 400 anchialine pool deep; the pool bottom was described as Williams (1986, p. 418) noted, however, habitats have been surveyed on the rocky with a large accumulation of that the area surveyed directly beneath island of Hawaii, Vetericaris chaceorum sediment; and surrounding flora was the surface of the pool contained the has to date only been documented from noted as minimal, but included vines highest density of animals (e.g., shrimps Lua O Palahemo, which is a submerged and succulents, grasses, and small trees and crustaceans). In addition to the
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discovery of V. chaceorum, a second creating a large soil funnel with the pool Regarding the latter species, it is new species was discovered, opening in the center of the funnel important to note that the survey team Halocaridina palahemo, and two known (Wada 2010, in litt., p. 1). The area was did not survey as deeply (108 ft (33 m) species were observed including also described as dry and largely barren below sea level or 590 ft (180 m)) from Procaris hawaiiana and Calliasmata with a few clumps of nonnative grass the pool surface) as was done during pholidota. Calliasmata pholidota was species scattered throughout. The water 1985 survey, in which the species was collected within the water column immediately within the pool area was first and last observed. Accordingly, it is below the pool at a depth of 15 m (49 described as extremely low in clarity uncertain whether surveys conducted ft), and its population was estimated at with visibility estimated at 3 in (8 cm) after the 1985 effort would have less than 100. Both P. hawaiiana, (Wada 2010, in litt., p. 1). detected V. chaceorum, given the numbering in the thousands and H. Snorkeling within the pool revealed different methods that were used. For palahemo, numbering in the tens of that a partial collapse of the pool walls the other species, based on what is thousands of individuals, were collected may have occurred in the past few years known about the species’ behavior, their in the water column near the opening as the team experienced difficulty in presence would have been expected at into the lava tube below the pool surface locating an opening large enough for a the depths and locations where trapping (Kensley and Williams 1986, p. 418). person to explore. Wada (2010, in litt. was conducted; however, these species During their 1985 survey, Kensley and p. 1) hypothesized that the collapse of were notably absent during this survey. Williams (1986 entire) did not observe the lava tube rock walls above the pool In June 2012, Service biologists briefly nonnative fish species within Lua O followed an earthquake of 6.7 revisited Lua O Palahemo to assess Palahemo. magnitude (USGS 2010, in litt.) in current conditions there (Richardson Regarding water clarity and October 2006 on Hawaii Island. Despite 2012, in litt., pp. 1–2). During this visit, observation of sedimentation within Lua the blockages encountered, an we took measurements of the depression O Palahemo during the 1985 survey, underwater video camera was surrounding the opening to the pool. both Kensley and Williams (1986, pp. successfully deployed through a small Roughly oval in shape, the depression 417–418) and Bozanic (2004, p. 1), opening and dropped to a depth of just measured approximately 195 ft (65 m) noted that water clarity was good with over 100 ft (30 m) (Wada 2010, in litt., wide by 210 ft (70 m) long. We noted visibility as great as 66 ft (20 m) during p. 1). The video footage showed a that there is no outlet for runoff from initial entry into the water column and continuous thick cloud of sediment and rain out of the depression other than the lateral lava tube below. However, detritus through the entire depth of the into the anchialine pool itself. A total of during the exit phase of the dive, water column (Wada 2010, in litt., p. 1). 7 distinct off-road vehicle tracks into the visibility diminished to a few After viewing photographs taken in depression surrounding the pool were centimeters as exhalation bubbles from 2005 of the pool and surrounding area counted and photographed. Snorkeling the divers’ expired air tanks disturbed at Lua O Palahemo, anchialine pool within the pool revealed no hypogeal sediment accumulated upon the ceiling expert, Richard Brock (Brock 2012, pers. shrimp species, although a common of the lava tube and clouded the water. comm.), stated that a very obvious marine species, Palaemonella burnsi, At the bottom of the water column increase of sedimentation was occurring was abundant and numbered below the pool and within both at the site and within the pool compared approximately 1,000 individuals. No stretches of the lava tube, all surfaces to conditions at the pool during the nonnative fish were observed; however, were observed to be covered in 1985 survey and other visits in the we noted approximately 10 mature and sediment, which sometimes reached a 1980s. young native Hawaiian gobies. Gobies depth of 3.3 ft (1 m). The survey team Of the five species of hypogeal shrimp (family Gobiidae) are distinguished by described the large mound located at the known from Lua O Palahemo, only their fused pelvic fins that form a disc- bottom of the water column below the Procaris hawaiiana was observed. One shaped sucker. Hawaii has several pool opening as comprised of rock and specimen was captured within the pool indigenous goby species, including the silty sediment reaching at a total height and the underwater video camera species observed at Lua O Palahemo, of approximately 50 ft (15 m) (Kensley captured footage of seven individuals, Bathygobius coalitus (Smith 2012, in and Williams 1986, pp. 417–418; which were tentatively identified as P. litt.). Visibility in the water was Bozanic 2004, p. 1). Foreign objects hawaiiana, based upon their bright estimated at approximately 4 ft (1.2 m), discovered and removed from the orange coloration (Wada 2010, in litt., p. and no trash or debris was seen in the mound included bicycles, barbed wire, 1). The survey team used standard and pool other than a large amount of grass random trash, and assorted cables and accepted methods while attempting to seeds floating on the surface of the lines (presumably fishing line) (Bozanic capture and survey for shrimp species. water. We did not dive deep enough to 2004, p. 1). Specific trap types used included soft ascertain the condition of the pool In July 2010, a team comprised of traps (i.e., traps using netting), bottle bottom, however all submerged rock Service and Hawaii State Division of traps, cylindrical traps, and specially surfaces were covered in a 1-in (2.54- Aquatic Resources (DAR) biologists designed traps devised by State DAR cm) thick layer of algae and mud, and conducted a third survey of Lua O staff. Within the water column below the water smelled strongly of soil, Palahemo. The survey team used the pool opening, trapping measures similar to a smell encountered in wet snorkeling techniques and an were employed at depths of 10 ft (3.04 caves (Richardson 2012, in litt., pp. 1– underwater video camera as well as m), 15 ft (4.57 m), 25 ft (7.62 m), 50 ft 2). Lastly, the sign previously posted numerous trapping devices to take (15.24 m), and 100 ft (30.48 m) (Wada above the opening of the pool, and measurements, survey for shrimp 2010, in litt., p. 1). According to the which included a warning and fine species, and record data within the same report, no nonnative fish were against disturbance of the site, was underwater site (Wada 2010, in litt., pp. observed. Hypogeal shrimp species gone. 1–2). As noted during a brief 2005 U.S. known from Lua O Palahemo and Our best understanding of hypogeal Fish and Wildlife Service visit to the notably absent during the survey shrimp population dynamics in Hawaii site, the team described the immediate included Calliasmata pholidota, and elsewhere is based upon studies of area surrounding the depression above Antecaridina lauensis, Halocaridina the comparatively common species, the pool opening as greatly eroded, rubra, and Vetericaris chaceorum. Halocaridina rubra. Studies and
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anecdotal observations of that species Palahemo. The other four hypogeal look beyond the exposure of the species and others indicate shrimp density may shrimp species formerly known from to a particular factor to evaluate whether be very low in the water table (i.e., the site are either entirely absent or the species may respond to that factor greater than 1 individual per 3,500 present in very low numbers, and at in a way that causes actual impacts to cubic ft (approximately 100 cubic m)), least three of those species are the species. If there is exposure to a compared to the anchialine pool areas, considered likely food sources for V. factor and the species responds where abundance may reach many chaceorum. It is our opinion that these negatively, the factor may be a threat hundreds per square meter of bottom shrimp species have experienced drastic and, during the status review, we (Brock and Bailey-Brock 1998, p. 65; population decline due to degradation attempt to determine how significant a Brock 2004, p. 10). of the water quality at Lua O Palahemo. threat it is. The threat is significant if it Because of the ability of hypogeal This degradation is a result of excessive drives, or contributes to, the risk of shrimp species to inhabit the interstitial siltation and sedimentation of the extinction of the species such that the and crevicular spaces in the water table anchialine pool system at Lua O species warrants listing as endangered bedrock surrounding anchialine pools, Palahemo, combined with the or threatened as those terms are defined it is very difficult to estimate population diminished ability of the system to size of a given species within a given flush, which Brock (2004, pp. 11, 35–36) in the Act. However, the identification area (Brock 2004, pp. 10–11). Therefore, described as necessary for a functioning of factors that could impact a species based upon these considerations and the anchialine pool system. negatively may not be sufficient to fact that a total of five individuals have warrant listing the species under the been observed on three occasions during Summary of Factors Affecting the 15 Act. The information must include one survey in 1985, we are unable to Species Proposed for Listing evidence sufficient to show that these estimate the population size of Section 4 of the Act (16 U.S.C. 1533) factors are operative threats that act on Vetericaris chaceorum. Furthermore, and its implementing regulations (50 the species to the point that the species the methods used and depths explored CFR part 424) set forth the procedures meets the definition of endangered or between the three surveys (in 1973, for adding species to the Federal Lists threatened under the Act. 1985, and 2010) of Lua O Palahemo of Endangered and Threatened Wildlife If we determine that the level of threat were not sufficiently comparable for us and Plants. A species may be posed to a species by one or more of the determined to be an endangered or to determine that there has been a five listing factors is such that the threatened species due to one or more decline in V. chaceorum abundance. species meets the definition of either Brock (2004, p. 7) estimated that there of the five factors described in section endangered or threatened under section are likely no more than a couple of 4(a)(1) of the Act: (A) The present or 3 of the Act, that species may then be dozen individuals of this species threatened destruction, modification, or remaining in this pool; however, he curtailment of its habitat or range; (B) proposed for listing. The Act defines an provided no basis for this statement. overutilization for commercial, endangered species as ‘‘in danger of Therefore, it is our opinion that recreational, scientific, or educational extinction throughout all or a significant Vetericaris chaceorum is extant, albeit purposes; (C) disease or predation; (D) portion of its range,’’ and a threatened in low numbers, and that additional the inadequacy of existing regulatory species as ‘‘likely to become an surveys using SCUBA methods and mechanisms; and (E) other natural or endangered species within the conducted at the same depths explored manmade factors affecting its continued foreseeable future throughout all or a in 1985 are warranted. Despite the lack existence. Listing actions may be significant portion of its range.’’ The of information regarding V. chaceorum warranted based on any of the above threats to each of the individual 15 biology and population demographics, threat factors, singly or in combination. species proposed for listing in this the Service believes information from Each of these factors is discussed below. document are summarized in Table 3, the three surveys presents compelling In considering what factors might and discussed in detail below. evidence of habitat decline at Lua O constitute threats to a species; we must BILLING CODE 4310–55–P
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BILLING CODE 4310–55–C Stone 1990, pp. 63, 65) facilitates the Factor A. The Present or Threatened Assumptions conversion of disturbed areas from Destruction, Modification, or native to nonnative vegetative Curtailment of Its Habitat or Range We acknowledge that the specific communities. nature of the threats to the individual The Hawaiian Islands are located over species being proposed for listing are (3) Disturbance of soils by feral pigs 2,000 mi (3,200 km) from the nearest not completely understood. Scientific from rooting can create fertile seedbeds continent. This isolation has allowed research directed toward each of the for alien plants (Cuddihy and Stone the few plants and animals that arrived species proposed for listing is limited 1990, p. 65), some of them spread by in the Hawaiian Islands to evolve into because of their rarity and the ingestion and excretion by pigs. many highly varied and endemic challenging logistics associated with (4) Increased nutrient availability as a species (species that occur nowhere else conducting field work in Hawaii (e.g., result of pigs rooting in nitrogen-poor in the world). The only native terrestrial areas are typically remote, difficult to soils, which facilitates establishment of mammals in the Hawaiian Islands are access and work in, and expensive to alien weeds. Introduced vertebrates are two bat taxa, the extant Hawaiian hoary survey in a comprehensive manner). known to enhance the germination of bat (Lasiurus cinereus semotus) and an However, there is information available alien plants through seed scarification extinct, unnamed insectivorous bat on many of the threats that act on in digestive tracts or through rooting (Ziegler 2002, p. 245). The native plants Hawaiian ecosystems, and, for some and fertilization with feces of potential of the Hawaiian Islands, therefore, ecosystems, these threats are well seedbeds (Stone 1985, p, 253). In evolved in the absence of mammalian studied and understood. Each of the addition, alien weeds are more adapted predators, browsers, or grazers. As a native species that occur in Hawaiian to nutrient-rich soils than native plants result, many of the native species have ecosystems suffers from exposure to (Cuddihy and Stone 1990, p. 65), and lost unneeded defenses against threats those threats to differing degrees. For rooting activity creates open areas in such as mammalian predation and the purposes of our listing forests allowing alien species to competition with aggressive, weedy determination, our assumption is that completely replace native stands. plant species that are typical of the threats that act at the ecosystem (5) Rodent damage to plant continental environments (Loope 1992, level also act on each of the species that propagules, seedlings, or native trees, p. 11; Gagne and Cuddihy 1999, p. 45; occur in those ecosystems, although in which changes forest composition and Wagner et al. 1999d, pp. 3–6). For some cases we have additionally structure (Cuddihy and Stone 1990, p. example, Carlquist (in Carlquist and identified species-specific threats, such 67). Cole 1974, p. 29) notes that ‘‘Hawaiian as predation by nonnative invertebrates. (6) Feeding or defoliation of native plants are notably free from many Similarly, for the purposes of our plants from alien insects, which can characteristics thought to be deterrents critical habitat determinations, our reduce geographic ranges of some to herbivores (toxins, oils, resins, assumption is that the physical or species because of damage (Cuddihy stinging hairs, coarse texture).’’ biological features that support an and Stone 1990, p. 71). Native Hawaiian plants are therefore highly vulnerable to the impacts of adequately functioning ecosystem (7) Alien insect predation on native introduced mammals and alien plants. represent the physical or biological insects, which affects pollination of In addition, species restricted and features required by the species that native plant species (Cuddihy and Stone adapted to highly specialized locations occur in those ecosystems (see Critical 1990, p. 71). Habitat section, below). The species (e.g., Bidens hillebrandiana ssp. discussed in this proposed rule are the (8) Significant changes in nutrient hillebrandiana) are particularly components of the native ecosystems cycling processes because of large vulnerable to changes (e.g., nonnative that have shown declines in number of numbers of alien invertebrates such as species, hurricanes, fire, and climate individuals, number of occurrences, or earthworms, ants, slugs, isopods, change) in their habitat (Carlquist and changes in species abundance and millipedes, and snails, resulting in Cole 1974, pp. 28–29; Loope 1992, pp. species composition that can be changes to the composition and 3–6; Stone 1992, pp. 88–102). reasonably attributed to the threats structure of plant communities (Cuddihy and Stone 1990, p. 73). Habitat Destruction and Modification by discussed below. Agriculture and Urban Development The following constitutes a list of Each of the above threats is discussed ecosystem-scale threats that affect the in more detail below, and summarized The consequences of past land use species proposed for listing in 10 of the in Table 3. The most-often cited effects practices, such as agricultural or urban described ecosystems on Hawaii Island: of nonnative plants on native plant development, have resulted in little or (1) Foraging and trampling of native species are competition and no native vegetation below 2,000 ft (600 plants by feral pigs (Sus scrofa), goats displacement. Competition may be for m) throughout the Hawaiian Islands (Capra hircus), cattle (Bos taurus), sheep water, light, or nutrients, or it may (TNC 2007—Ecosystem Database of (Ovis aries), or mouflon sheep (Ovis involve allelopathy (chemical inhibition ArcMap Shapefiles, unpublished), gmelini musimon), which can result in of other plants). Alien plants may largely impacting the coastal, lowland severe erosion of watersheds because displace native species of plants by dry, lowland mesic, and lowland wet these mammals inhabit terrain that is preventing their reproduction, usually ecosystems. Although agriculture has often steep and remote (Cuddihy and by shading and taking up available sites been declining in importance, large Stone 1990, p. 63). Foraging and for seedling establishment. Alien plant tracts of former agricultural lands are trampling events destabilize soils that invasions may also alter entire being converted into residential areas or support native plant communities, bury ecosystems by forming monotypic left fallow (TNC 2007—Ecosystem or damage native plants, and have stands, changing fire characteristics of Database of ArcMap Shapefiles, adverse water quality effects due to native communities, altering soil-water unpublished). In addition, Hawaii’s runoff over exposed soils. regimes, changing nutrient cycling, or population has increased almost 7 (2) Ungulate destruction of seeds and encouraging other nonnative organisms percent in the past 10 years, further seedlings of native plant species via (Smith 1989, pp. 61–69; Vitousek et al. increasing demands on limited land and foraging and trampling (Cuddihy and 1987, pp. 224–227). water resources in the islands (Hawaii
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Department of Business, Economic habitat due to nonnative ungulates pig could disturb over 1,600 sq yd Development and Tourism (HDBEDT) (hoofed mammals), including pigs, (1,340 sq m) (or approximately 0.3 ac, or 2010). goats, cattle, sheep, and mouflon, is 0.12 ha) of groundcover per week Development and urbanization of the currently a threat to the ten ecosystems (Anderson et al. 2007, p. 2). lowland dry ecosystem on Hawaii (lowland dry, lowland mesic, lowland Pigs may also reduce or eliminate Island is a threat to one species wet, montane dry, montane mesic, plant regeneration by damaging or proposed for listing in this rule, Bidens montane wet, coastal, anchialine pool, eating seeds and seedlings (further micrantha ssp. ctenophylla, which is dry cliff, and wet cliff) on Hawaii Island discussion of predation by nonnative dependent on this ecosystem. Bidens and their associated species. Habitat ungulates is provided under Factor C. micrantha ssp. ctenophylla is currently degradation or destruction by ungulates Disease or Predation, below). Pigs are a found in an area less than 10 sq mi (26 is also a threat to all 13 plant species major vector for the establishment and sq km) on the leeward slopes of Hualalai (Bidens hillebrandiana ssp. spread of competing invasive, nonnative volcano in the lowland dry ecosystem. hillebrandiana, B. micrantha ssp. plant species by dispersing plant seeds The leeward slopes of Hualalai volcano ctenophylla, Cyanea marksii, C. on their hooves and fur, and in their encompass the increasingly urbanized tritomantha, Cyrtandra nanawaleensis, feces (Diong 1982, pp. 169–170), which region of north Kona, where there is C. wagneri, Phyllostegia floribunda, also serves to fertilize disturbed soil very little undisturbed habitat (Pratt and Pittosporum hawaiiense, Platydesma (Matson 1990, p. 245; Siemann et al. Abbott 1997, p. 25). Approximately 25 remyi, Pritchardia lanigera, Schiedea 2009, p. 547). Pigs feed on the fruits of percent (119 individuals of 475) of the diffusa ssp. macraei, S. hawaiiensis, and many nonnative plants, such as largest of the 6 occurrences of this Stenogyne cranwelliae), the picture- Passiflora tarminiana (banana poka) and species is in the right-of-way of the wing fly Drosophila digressa, and the Psidium cattleianum (strawberry guava), proposed Ane Keohokalole Highway anchialine pool shrimp Vetericaris spreading the seeds of these invasive Project (USFWS 2010, in litt.) and chaceorum, which are proposed for species through their feces as they travel Kaloko Makai Development, although listing in this rule (Table 3). in search of food. Pigs also feed on 154 ac (62 ha) will be set aside as a The destruction or degradation of native plants, such as Hawaiian tree lowland dry forest preserve (Kaloko habitat due to pigs is currently a threat ferns that they root up to eat the core of Makai Dryland Forest Preserve) (see to nine of the Hawaii Island ecosystems the trunk (Baker 1975, p. 79). In Kaloko Makai Development, below) to (coastal, lowland dry, lowland mesic, addition, rooting pigs contribute to compensate for the loss of these lowland wet, montane dry, montane erosion by clearing vegetation and individuals as a result of highway mesic, montane wet, dry cliff, and wet creating large areas of disturbed soil, construction and prior to the Kaloko cliff) and their associated species. Feral especially on slopes (Smith 1985, pp. Makai Development. In addition, pigs are known to cause deleterious 190, 192, 196, 200, 204, 230–231; Stone individuals of Bidens micrantha ssp. impacts to ecosystem processes and 1985, pp. 254–255, 262–264; Medeiros ctenophylla occur in areas where the functions throughout their worldwide et al. 1986, pp. 27–28; Scott et al. 1986, development of the Villages of Laiopua distribution (Campbell and Long 2009, pp. 360–361; Tomich 1986, pp. 120– Development at Kealakehe (see p. 2319). In Hawaii, pigs have been 126; Cuddihy and Stone 1990, pp. 64– Department of Hawaiian Home Lands described as the most pervasive and 65; Aplet et al. 1991, p. 56; Loope et al. (DHHL), below) and of the Keahuolu disruptive nonnative influence on the 1991, pp. 1–21; Gagne and Cuddihy affordable housing project (Whistler unique native forests of the Hawaiian 1999, p. 52; Nogueira-Filho et al. 2009, 2007, pp. 1–18; DHHL 2009, p. 15) is a Islands, and are widely recognized as pp. 3,677–3,682; Dunkell et al. 2011, pp. threat to the species. one of the greatest current threats to 175–177). Erosion impacts native plant forest ecosystems (Aplet et al. 1991, p. communities by watershed degradation Habitat Destruction and Modification by 56; Anderson and Stone 1993, p. 195). and alteration of plant nutrient status, as Introduced Ungulates European pigs, introduced to Hawaii by well as damage to individual plants Introduced mammals have greatly Captain James Cook in 1778, hybridized from landslides (Vitousek et al. 2009, impacted the native vegetation, as well with domesticated Polynesian pigs, pp. 3074–3086; Chan-Halbrendt et al. as the native fauna, of the Hawaiian became feral, and invaded forested 2010, p. 252). Islands. Impacts to the native species areas, especially wet and mesic forests Pigs have been cited as one of the and ecosystems of Hawaii accelerated and dry areas at high elevations. The greatest threats to the public and private following the arrival of Captain James Hawaii Territorial Board of Agriculture lands within the Olaa Kilauea Cook in 1778. The Cook expedition and and Forestry started a feral pig Partnership (an area of land that subsequent explorers intentionally eradication project in the early 1900s includes approximately 32,000 ac introduced a European race of pigs or that continued through 1958, removing (12,950 ha) in the upper sections of the boars and other livestock, such as goats, 170,000 pigs from forests Statewide Olaa and Waiakea forests above Volcano to serve as food sources for seagoing (Diong 1982, p. 63). Feral pigs are village) that comprise the lowland explorers (Tomich 1986, p. 120–121; currently present on Niihau, Kauai, mesic, lowland wet, montane mesic, Loope 1998, p. 752). The mild climate Oahu, Molokai, Maui, and Hawaii. and montane wet ecosystems that of the islands, combined with the lack These feral animals are extremely support individuals of three of the plant of competitors or predators, led to the destructive and have both direct and species proposed for listing (Cyanea successful establishment of large indirect impacts on native plant tritomantha, Phyllostegia floribunda, populations of these introduced communities. While rooting in the earth and Pittosporum hawaiiense) (Olaa mammals, to the detriment of native in search of invertebrates and plant Kilauea Partnership Area Feral Animal Hawaiian species and ecosystems. The material, pigs directly impact native Monitoring Report 2005, pp. 1–4; presence of introduced alien mammals plants by disturbing and destroying Perlman 2007, in litt.; Pratt 2007a, in is considered one of the primary factors vegetative cover, and trampling plants litt.; Pratt 2007b, in litt.; Benitez et al. underlying the alteration and and seedlings. It has been estimated that 2008, p. 58; HBMP 2010f; HBMP 2010h; degradation of native plant communities at a conservative rooting rate of 2 sq PEPP 2010, p. 60, TNC 2012, in litt.). and habitats on the island of Hawaii. yards (yd) (1.7 sq m) per minute, with Impacts from feral pigs are also a threat The destruction or degradation of only 4 hours of foraging a day, a single to the coastal, lowland mesic, lowland
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wet, montane wet, dry cliff, and wet oviposition and larvae substrate Area, found that goats prefer native- cliff ecosystems in the northern Kohala (Magnacca et al. 2008, pp. 1, 32). Foote dominated shrublands in the montane Mountains and adjacent coastline. and Carson (1995, p. 369) have dry ecosystem during the day and These ecosystems support occurrences experimentally demonstrated the above barren lava at night. Pohakuloa Training of seven of the plant species proposed detrimental effects of feral pigs on Area supports one of the few montane for listing (Bidens hillebrandiana ssp. Drosophila spp. in wet forest habitat on dry forest ecosystems on Hawaii Island hillebrandiana, Cyanea tritomantha, the island of Hawaii. In addition, that supports native plants in the Cyrtandra wagneri, Platydesma remyi, Montgomery (2005, in litt.; 2007, in litt.) montane dry ecosystem, including the Pritchardia lanigera, Schiedea diffusa and Foote (2005, pers. comm.) have only occurrence of the plant Schiedea ssp. macraei, and Stenogyne observed feral pig damage to host plants hawaiiensis (U.S. Army Garrison 2006, cranwelliae) (Wood 1995, in litt.; Wood (e.g., Charpentiera sp., Cheirodendron pp. 27, 34; Evans 2011, in litt.). In 1998, in litt.; Perlman et al. 2001, in litt.; sp., Pleomele sp., Tetraplasandra sp., addition, one of the two occurrences of Wagner et al. 2005d, pp. 31–33; Kohala Urera kaalae) of Hawaiian picture-wing the proposed plant species Pritchardia Mountain Watershed Partnership flies on the island of Hawaii (Foote lanigera is known from an unfenced (KMWP) 2007, pp. 54–56; Lorence and 2005, pers. comm.) and throughout the area of the Kohala Mountains, where Perlman 2007, pp. 357–361; HBMP main Hawaiian Islands (Montgomery herds of wild goats and other ungulates 2010a; HBMP 2010c; HBMP 2010f; 2005, in litt.; 2007, in litt.). Magnacca occur (Maly and Maly 2004 in KMWP HBMP 2010i; HBMP 2010j; HBMP (2012, pers. comm.) has observed the 2007, p. 55; KMWP 2007, pp. 54–55; 2010k; PEPP 2010, pp. 63, 101, 106; Bio lack of regeneration of picture-wing fly Warshauer et al. 2009, pp. 10, 24; Laws 2011, pers. comm.). In addition, feral host plants due to destruction of et al. 2010, in litt.; Ikagawa 2011, in pigs are a threat to the lowland wet and seedlings caused by pig rooting and litt.). Maly and Maly (2004 in KMWP montane wet ecosystems in south Kona herbivory. 2007, p. 55) report that ‘‘herds of wild The destruction or degradation of and the Puna district that support the goats roam throughout this region, habitat due to goats is currently a threat plants Cyanea marksii and Cyrtandra trampling, grubbing, and rending, to all 10 of the described ecosystems on nanawaleensis (Bio 2011, pers. comm.; grinding the bark of old trees and eat the Hawaii Island (anchialine pool, coastal, Magnacca 2011b, pers. comm.; Maui young ones * * * which will destroy lowland dry, lowland mesic, lowland Forest Bird Recovery Project 2011, in the beauty and alter the climate of the wet, montane dry, montane mesic, litt.). Feral pigs have also been reported mountainous region of Hawaii.’’ There montane wet, dry cliff, and wet cliff) in the lowland dry ecosystem that are direct observations that goats are supports the plants Bidens micrantha and their associated species. Goats, native to the Middle East and India, also altering the coastal ecosystem along ssp. ctenophylla (Bio 2011, pers. comm.) the Kohala Mountains, the location of and the montane dry ecosystem that were also successfully introduced to the Hawaiian Islands in the late 1700s. the only known wild individuals of the supports habitat for the only known plant Bidens hillebrandiana ssp. occurrence of the plant Schiedea Actions to control feral goat populations began in the 1920s (Tomich 1986, pp. hillebrandiana (Warshauer et al. 2009, hawaiiensis (Mitchell et al. 2005c; U.S. p. 24; Bio 2011, pers. comm.). Goats are Army Garrison 2006, pp. 27, 34, 95–97, 152–153); however, goats still occupy a wide variety of habitats on Hawaii also found in North Kona and have been 100–107, 112.). Although we do not observed browsing in the lowland dry have direct evidence of feral pigs Island, where they consume native vegetation, trample roots and seedlings, ecosystem that supports the plant B. threatening the particular species on accelerate erosion, and promote the micrantha ssp. ctenophylla (Bio 2011, Hawaii Island that are proposed for invasion of alien plants (van Riper and pers. comm.; Knoche 2011, in litt.). listing in this proposed rule, those van Riper 1982, pp. 34–35; Stone 1985, Fresh seedlings from native plants threats have been documented on other p. 261; Kessler 2011, pers. comm.). attract goats to the dry and rough lava islands where pigs have been Goats are able to access, and forage in, (Bio 2011, pers. comm.). Further, the introduced (Mitchell et al. 2005c; U.S. extremely rugged terrain, and they have host plant (Charpentiera spp.) of the Army Garrison 2006, pp. 27, 34, 95–97, a high reproductive capacity (Clarke and proposed picture-wing fly appears to be 100–107, 112). We believe it is Cuddihy 1980, pp. C–19, C–20; Culliney decreasing throughout its range due to reasonable to infer that feral pig threats 1988, p. 336; Cuddihy and Stone 1990, impacts from browsing goats (Foote and to these species that have been observed p. 64). Because of these factors, goats are Carson 1995, p. 369; Science Panel on other Hawaiian islands would act in believed to have completely eliminated 2005, pp. 1–23; Magnacca et al. 2008, p. a similar manner on Hawaii Island, some plant species from islands 32). Feral goat browsing alters the where those species interact. (Atkinson and Atkinson 2000, p. 21). picture-wing fly’s essential Many of the most important host Goats can be highly destructive to microclimate by opening up the canopy plants of Hawaiian picture-wing flies native vegetation, and contribute to leading to increased desiccation of soil (Charpentiera, Pleomele, Reynoldsia, erosion by eating young trees and young and host plants, which disrupts the host Tetraplasandra, Urera, and the shoots of plants before they can become plant life cycle and decay processes, lobelioids (e.g., Cyanea spp.)) are also established, creating trails that damage resulting in the disruption of the among the most susceptible to damage native vegetative cover, promoting picture-wing fly life cycle, particularly from feral ungulates, such as pigs (Foote erosion by destabilizing substrate and oviposition and larvae substrate and Carson 1995, p. 370; Kaneshiro and creating gullies that convey water, and (Magnacca et al. 2008, pp. 1, 32). Based Kaneshiro 1995, pp. 8, 39; Magnacca et dislodging stones from ledges that can on observations of goats and their scat al. 2008, p. 32). Feral pig browsing alters cause rockfalls and landslides and (Magnacca 2012, pers. comm.) within the essential microclimate in picture- damage vegetation below (Cuddihy and the Ka Lae region where the Lua O wing fly habitat by opening up the Stone 1990, pp. 63–64). A recent study Palahemo anchialine pool is located, the canopy, leading to increased desiccation by Chynoweth et al. (2011, in litt.), Service believes that goats contribute to of soil and host plants, which disrupts which deployed GPS (global positioning the degradation of the anchialine pool the host plant life cycle and decay system) satellite collars on 12 feral goats habitat and, thus, are a threat to processes, resulting in disruption of the to track movement patterns every 2 Vetericaris chaceorum. Feral goats picture-wing fly life cycle, particularly hours for 1 year in Pohakuloa Training trample and forage on both native and
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nonnative plants around and near the Schiedea diffusa ssp. macraei, are inhabited dry forests in remote regions pool opening at Lua O Palahemo, and reported (PEPP 2010, pp. 59–60; Bio of Mauna Kea and Mauna Loa, increase erosion around the pool and 2011, pers. comm.). According to a 2010 including the saddle between the two sediment entering the pool. Service report (USFWS 2010, pp. 3–15, volcanoes. Feral sheep browse and The destruction or degradation of 4–86), a herd of 200 to 300 feral cattle trample native vegetation and have habitat due to cattle is currently a threat roams the Kona unit of the Hakalau decimated large areas of native forest to five of the described ecosystems Forest NWR (USFWS 2010, p. 3–15, 4– and shrubland on Hawaii Island (anchialine pool, lowland mesic, 86). Field biologists have observed (Tomich 1986, pp. 156–163; Cuddihy lowland wet, montane mesic, and cattle-induced habitat degradation at all and Stone 1990, p. 65–66). Browsing montane wet) on Hawaii Island and elevations in this refuge unit, including erodes top soil, which alters moisture their associated species. Cattle, the wild within the montane wet ecosystem that regimes and micro-environments and progenitors of which were native to supports individuals of Cyanea marksii results in the loss of native plant and Europe, northern Africa, and (PEPP 2007, p. 61; USFWS 2010, pp. 1– animal taxa (Tomich 1986, pp. 156–163; southwestern Asia, were introduced to 15, 2–13, 4–10, 4–58–4–59, 4–82, 4–86; Cuddihy and Stone 1990, p. 65–66). In the Hawaiian Islands in 1793. Large Bio 2011, pers. comm.; Krauss 2012, addition, nonnative opportunistic plant feral herds (as many as 12,000 on the pers. comm.). In addition, the host plant seeds get dispersed to disturbed forest island of Hawaii) developed as a result (Charpentiera spp.) of the proposed sites by adhering to sheep wool coats of restrictions on killing cattle decreed picture-wing fly species (Drosophila (Hawaii Division of Forestry and by King Kamehameha I (Cuddihy and digressa) appears to be decreasing Wildlife (HDOFAW) 2002, p. 3). Stone 1990, p. 40). While small cattle throughout its range due to impacts In 1962, game hunters intentionally ranches were developed on Kauai, from cattle browsing in the lowland crossbred feral sheep with mouflon Oahu, Molokai, west Maui, and mesic and montane mesic ecosystems sheep and released them on Mauna Kea Kahoolawe, very large ranches of tens of (Science Panel 2005, pp. 1–23; (Tomich 1986, pp. 156–163). In Palila v. thousands of acres (thousands of Magnacca 2011b, in litt.). Feral cattle Hawaii Department of Land and Natural hectares) were created on east Maui and browsing alters the picture-wing fly’s Resources (471 F. Supp. 985 (Haw. Hawaii Island (Stone 1985, pp. 256, 260; essential microclimate by opening up 1979)), the Federal court ordered Broadbent 2010, in litt.). Logging of the canopy, leading to increased complete removal of feral sheep from native Acacia koa was combined with desiccation of soil and host plants, Mauna Kea in 1979, because they were establishment of cattle ranches, quickly which disrupts the host plant life cycle harming the endangered palila converting native forest to grassland and decay processes, resulting in the (Loxioides bailleui) by degrading and (Tomich 1986, p. 140; Cuddihy and disruption of the picture-wing fly life destroying palila habitat in the montane Stone 1990, p. 47). Feral cattle can cycle, particularly oviposition and dry ecosystem. Throughout the past 30 presently be found on the islands of larvae substrate (Magnacca et al. 2008, years, attempts to protect the vegetation Maui and Hawaii, where ranching is pp. 1, 32). According to Palikapu of Mauna Kea and the saddle from still a major commercial activity. Dedman with the Pele Defense Fund, sheep have only been sporadically Feral cattle eat native vegetation, observations of feral cattle in the Ka Lae effective (Scowcroft and Conrad 1992, p. trample roots and seedlings, cause region where the Lua O Palahemo 628). Currently, a large feral population erosion, create disturbed areas into anchialine pool is located contribute to surrounds Mauna Kea and extends into which alien plants invade, and spread the saddle and northern part of Mauna the degradation of the anchialine pool seeds of alien plants in their feces and Loa, including the State forest reserves habitat. We therefore conclude that feral on their bodies. The forest in areas where they trample and browse cattle are a threat to Vetericaris grazed by cattle degrades to grassland endangered plants (Hess 2008, p. 1). At chaceorum (Richardson 2012, in litt., pasture, and plant cover is reduced for the U.S. Army’s Pohakuloa Training pp. 1–2). Feral cattle trample and forage many years following removal of cattle Area, located in the saddle area of the on both native and nonnative plants from an area. In addition, several alien island, biologists have reported that around and near the pool opening at grasses and legumes purposely feral sheep are a threat to the last Lua O Palahemo, and increase erosion introduced for cattle forage have become occurrence of the plant species around the pool and sediment entering noxious weeds (Tomich 1986, pp. 140– Schiedea hawaiiensis, which occurs in 150; Cuddihy and Stone 1990, p. 29). the pool. the montane dry ecosystem (Mitchell et The wet forests of the Kohala The destruction or degradation of al. 2005a; U.S. Army Garrison 2006, pp. Mountains are reported to have a feral habitat due to feral sheep is currently a 27, 34). cattle population of at least 100 threat to the montane dry ecosystem on Five of the described ecosystems individuals that are causing forest Hawaii Island and its associated species. (lowland mesic, lowland wet, montane degradation by trampling and browsing, Sheep were introduced to Hawaii Island dry, montane mesic, and montane wet) which leads to subsequent increased in 1791, when Captain Vancouver on Hawaii Island, and their associated nitrogen availability through deposition brought five rams and two ewes from species are currently threatened by the of feces (Stone 1985, p. 253), all of California (Tomich 1986, pp. 156–163). destruction or degradation of habitat which contribute to the influx of Soon after, stock was brought from due to mouflon sheep. The mouflon nonnative plant and animal species Australia, Germany, and the sheep (mouflon), native to Asia Minor, (KMWP 2007, pp. 54–55; Laws 2010, in Mediterranean for sheep production was introduced to the islands of Lanai litt.). Feral cattle are reported from (Tomich 1986, pp. 156–163; Cuddihy and Hawaii in the 1950s, as a managed remote regions on Hawaii Island, and Stone 1990, p. 65–66). Feral sheep game species, and has become widely including the back of both Pololu and became established on leeward Mauna established on these islands (Tomich Waipio Valleys (KMWP 2007, p. 55). Kea by 1876 (Cuddihy and Stone 1990, 1986, pp. 163–168; Cuddihy and Stone Feral cattle are a threat to the lowland p. 65–66), and by the early 1930s, 1990, p. 66; Hess 2008, p. 1). In 1968, wet and montane wet ecosystems in the reached close to 40,000 individuals mouflon were introduced to Kahuku Kohala Mountains where individuals of (Scowcroft and Conrad 1992, p. 627). Ranch (now a unit of HVNP) on Mauna Cyanea tritomantha and Pritchardia Acquiring the majority of their water Loa for trophy hunting. By 2008, lanigera, and the last wild individual of needs by consuming vegetation, sheep mouflon ranged over the southern part
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of Mauna Loa in the Kahuku area on HDLNR–HDOFAW has developed a damage native vegetative cover, adjacent public and private lands (Hess response-and-removal plan, including a promoting erosion by destabilizing 2008, p. 1). According to Ikagawa (2011, partnership now underway between substrate and creating gullies that in litt.), mouflon are found on the slopes HDLNR, Hawaii Department of convey water, and by dislodging stones of both Mauna Loa and Mauna Kea. Agriculture (HDOA), the Big Island from ledges that can cause rockfalls and Ikagawa (2011, in litt.) also notes that Invasive Species Committee (BIISC), landslides and damage vegetation below mouflon and mouflon-sheep hybrids are Federal natural resource management (Cuddihy and Stone 1990, pp. 63–64). found from sea level to over 3,280 ft agencies, ranchers, farmers, private The unauthorized introduction of axis (1,000 m) elevation. Mouflon have high landowners, and concerned citizens (Big deer on Hawaii Island is a concern due reproduction rates; for example, the Island-Big Island.com, June 6, 2011). to the devastating impacts of habitat original population of 11 individuals on The partnership is working with animal destruction by axis deer in nine the island of Hawaii has increased to trackers and game cameras to survey ecosystems (coastal, lowland dry, more than 2,500 in 36 years, even locations where axis deer have been lowland mesic, lowland wet, montane though mouflon are hunted as a game observed in an effort to eradicate them dry, montane mesic, montane wet, dry animal (Hess 2008, p. 3). Mouflon only on the island (Big Island-Big Island.com, cliff, and wet cliff) on the islands of gather in herds when breeding, thus June 6, 2011; Osher 2012, in litt.). There Kahoolawe, Lanai, and Maui (Mehrhoff limiting control techniques and hunting is a high level of concern by the 1993, p. 11; Anderson 2002, poster; efficiency (Hess 2008, p. 3; Ikagawa partnership due to the negative impacts Swedberg and Walker 1978, cited in 2011, in litt.). Mouflon are both grazers of axis deer on agriculture and native Anderson 2003, pp. 124–125 Perlman and browsers, and have decimated vast ecosystems on neighboring islands (e.g., 2009, in litt., pp. 4–5; Hess 2008, p. 3; areas of native forest and shrubland Maui) (Aila 2011, in litt.; Schipper 2011, Hess 2010, pers. comm.; Kessler 2010, through browsing and bark stripping in litt.; Aila 2012b, in litt.). In response pers. comm.; Medeiros 2010, pers. (Stone 1985, p. 271; Cuddihy and Stone to the presence of axis deer on Hawaii comm.). As reported on the islands of 1990, pp. 63, 66; Hess 2008, p. 3). Island, the Hawaii Invasive Species Kahoolawe, Lanai, and Maui, the spread Mouflon also create trails and pathways Council drafted House Bill 2593 (Draft of axis deer into nine of the described through thick vegetation, leading to 2), to amend House Revised Statutes ecosystems (coastal, lowland dry, increased runoff and erosion through (Haw. Rev. Stat.) 91, which allowed lowland mesic, lowland wet, montane soil compaction. In some areas, the agencies to adopt emergency rules in dry, montane mesic, montane wet, dry interaction of browsing and soil instances of imminent peril to the cliff, and wet cliff) on Hawaii Island is compaction has led to a change from public health, safety, or morals, or to expected to lead to similar habitat native rainforest to grassy scrublands livestock and poultry health (Aila degradation and destruction if the deer (Hess 2008, p. 3). Field biologists have 2012a, in litt.). House Bill 2593 (Draft 2) are not controlled. The results from the observed habitat degradation in five of addresses the gap in the current studies above, in addition to the the described ecosystems (lowland emergency rules authority, expanding confirmed sightings of axis deer on mesic, lowland wet, montane dry, the ability of State agencies to adopt Hawaii Island, suggest that axis deer can montane mesic, and montane wet) that emergency rules to address situations significantly alter these ecosystems and support four plants proposed for listing that impose imminent threats to natural directly damage or destroy native (Cyanea marksii, Pittosporum resources (Aila 2012a, in litt.; Martin plants. Although habitat degradation hawaiiense, Pritchardia lanigera, and 2012, in litt.) (see Factor D. The due to axis deer has not yet been Schiedea hawaiiensis) (Bio 2011, pers. Inadequacy of Existing Regulatory observed on Hawaii Island, we believe comm.; Ikagawa 2011, in litt.; Pratt Mechanisms, below). Emergency rules it is reasonable to assume similar habitat 2011d, in litt.), and the picture-wing fly are valid for 120 days after they are effects on this island. Based on the (Drosophila digressa) (Magnacca 2011b, registered and approved, and after 6 prevailing evidence of the documented pers. comm.). Many of the current and months a permanent rule can be enacted impacts to native ecosystems and proposed fenced exclosures on Hawaii (Cravalho 2012, pers. comm). On June individual plants on the other islands, Island are only 4 ft (1.3 m) in height, as 21, 2012, House Bill 2593 was enacted we determine that the expanding they are designed to exclude feral pigs, into law as Act 149 (‘‘Relating to population of axis deer on the Island of goats, and sheep. However, a fence Emergency Rules for Threats to Natural Hawaii, while not currently resulting in height of at least 6 ft (2 m) is required Resources or the Health of the population-level effects to native plants, to exclude mouflon sheep, as they can Environment’’). is expected to do so in the future if the easily jump a 4-ft (1.3-m) fence (Ikagawa Axis deer are primarily grazers, but deer are not managed or controlled. As 2011, in litt.). The increased range of also browse numerous palatable plant a result, we currently do not believe that mouflon, as well as the lack of species, including those grown as the existing population of axis deer on adequately protected habitat, increase commercial crops (Waring 1996, in litt., Hawaii Island is a threat; however, we the threat of mouflon sheep to p. 3; Simpson 2001, in litt.). They prefer expect that as the population of axis additional ecosystems on Hawaii Island. the lower, more openly vegetated areas deer expands, axis deer will become a Axis deer (Axis axis) were first for browsing and grazing; however, significant threat to the native plants introduced to Molokai in 1868, Lanai in during episodes of drought (e.g., from and ecosystems on Hawaii Island in the 1920, and Maui in 1959 (Hobdy 1993, p. 1998–2001 on Maui (Medeiros 2010, future. 207; Erdman 1996, pers. comm. cited in pers. comm.)), axis deer move into In summary, all of the 15 species Waring 1996, in litt., p. 2; Hess 2008, p. urban and forested areas in search of proposed for listing and that are 2). Recently (2010–2011), unauthorized food (Waring 1996, in litt., p. 5; dependent upon the 10 ecosystems introduction of axis deer to the island of Nishibayashi 2001, in litt.). Like goats, (anchialine pool, coastal, lowland dry, Hawaii as a game animal has occurred axis deer can be highly destructive to lowland mesic, lowland wet, montane (Kessler 2011, in litt.; Aila 2012a, in native vegetation and contribute to dry, montane mesic, montane wet, dry litt.). They have been observed in the erosion by eating young trees and young cliff, and wet cliff) identified in this regions of Kohala, Kau, Kona, and shoots of plants before they can become proposed rule are exposed to the Mauna Kea (HDLNR 2011, in litt.). The established, creating trails that can ongoing threat of feral ungulates (pigs,
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goats, cattle, sheep, and mouflon sheep). including the Polynesians, for food or 2011, pers. comm.). These nonnative Additionally, if not adequately managed cultural reasons. Plantation owners (and plant species pose serious and ongoing or controlled, impacts from axis deer the territorial government of Hawaii), threats to the species B. hillebrandiana may also become a significant threat to alarmed at the reduction of water ssp. hillebrandiana, which depends on these ecosystems in the future. These resources for their crops caused by the this ecosystem (see Specific Nonnative negative impacts result in the destruction of native forest cover by Plant Species Impacts below). destruction and degradation of habitat grazing feral and domestic animals, for the native species on Hawaii Island. introduced nonnative trees for Nonnative Plants in the Lowland Dry The effects of these nonnative animals reforestation. Ranchers intentionally Ecosystem include the destruction of vegetative introduced pasture grasses and other cover; trampling of plants and seedlings; nonnative plants for agriculture, and Nonnative plant species that threaten direct consumption of native vegetation; sometimes inadvertently introduced Bidens micrantha ssp. ctenophylla, the soil disturbance and sedimentation; weeds as well. Other plants were only plant species proposed for listing dispersal of alien plant seeds on hooves brought to Hawaii for their potential in this rule that inhabits the lowland and coats, and through the spread of horticultural value (Scott et al. 1986, pp. dry ecosystem on Hawaii Island include seeds in feces; alteration of soil nitrogen 361–363; Cuddihy and Stone 1990, p. the understory and subcanopy species availability; and creation of open, 73). Lantana camara, Leucana leucocephala disturbed areas conducive to further Nonnative plants impact native (koa haole), Pluchea carolinensis, and P. invasion by nonnative pest plant habitat in Hawaii, including 9 of the indica (HBMP 2010b). Nonnative species. All of these impacts lead to the described Hawaii Island ecosystems that canopy species that are a threat to B. subsequent conversion of a plant support 14 of the 15 proposed species micrantha ssp. ctenophylla include community dominated by native species (all except the anchialine pool shrimp), Grevillea spp., Prosopis pallida (kiawe), to one dominated by nonnative species and directly adversely impact the 13 and Schinus terebinthifolius (see Habitat Destruction and proposed plant species, by: (1) (christmasberry) (HBMP 2010b). In Modification by Nonnative Plants Modifying the availability of light addition, B. micrantha ssp. ctenophylla through alterations of the canopy below). In addition, because these is threatened by the nonnative grasses structure; (2) altering soil-water regimes; mammals inhabit terrain that is often Melinis repens (natal redtop) and steep and remote (Cuddihy and Stone (3) modifying nutrient cycling; (4) Pennisetum setaceum (HBMP 2010b). 1990, p. 59), foraging and trampling altering the fire regime affecting native contributes to severe erosion of plant communities (e.g., successive fires See Specific Nonnative Plant Species watersheds and degradation of streams that burn farther and farther into native Impacts below for specific threats each (Dunkell et al. 2011, pp. 175–194). As habitat, destroying native plants and of these nonnative plant species pose to early as 1900, there was increasing removing habitat for native species by the species Bidens micrantha ssp. concern expressed about the integrity of altering microclimatic conditions to ctenophylla, which depends on this island watersheds, due to effects of favor alien species); and (5) ultimately ecosystem. converting native-dominated plant ungulates and other factors, leading to Nonnative Plants in the Lowland Mesic communities to nonnative plant the establishment of a professional Ecosystem forestry program emphasizing soil and communities (Smith 1985, pp. 180–181; water conservation (Nelson 1989, p. 3). Cuddihy and Stone, 1990, p. 74; Nonnative plant species that threaten D’Antonio and Vitousek 1992, p. 73; two plant species (Pittosporum Habitat Destruction and Modification by Vitousek et al. 1997, p. 6). Below, we Nonnative Plants hawaiiense and Pritchardia lanigera) have organized a list of nonnative plants and the picture-wing fly proposed for Native vegetation on all of the main by their ecosystems, followed by a listing in this rule that inhabit the Hawaiian Islands has undergone discussion of the specific negative lowland mesic ecosystem on Hawaii extreme alteration because of past and effects of those nonnative plants on the present land management practices, species proposed for listing here. Island include the understory and including ranching, the deliberate subcanopy species Delairea odorata introduction of nonnative plants and Nonnative Plants in the Coastal (cape ivy), Hedychium gardnerianum animals, and agricultural development Ecosystem (kahili ginger), Lantana camara, and (Cuddihy and Stone 1990, pp. 27, 58). Nonnative plant species that threaten Rubus rosifolius (thimbleberry) The original native flora of Hawaii Bidens hillebrandiana ssp. (HDOFAW 1992, p. 11–22; Benitez et al. (species that were present before hillebrandiana, the only plant species 2008, pp. 24–52; Pacific Islands humans arrived) consisted of about proposed for listing in this rule that Ecosystems at Risk (PIER) 2012a). 1,000 taxa, 89 percent of which were inhabits the coastal ecosystem on Nonnative canopy species that are a endemic (species that occur only in the Hawaii Island, include the understory threat to the three species include Hawaiian Islands). Over 800 plant taxa and subcanopy species Pluchea Omalanthus populifolius (Queensland have been introduced from elsewhere, carolinensis (sourbush), P. indica poplar), Psidium cattleianum, and and nearly 100 of these have become (Indian fleabane), Lantana camara Schinus terebinthifolius (Benitez et al. pests (e.g., injurious plants) in Hawaii (lantana), and Melastoma spp. (Perlman 2008, pp. 24–58). Additional species (Smith 1985, p. 180; Cuddihy and Stone and Wood 2006, in litt.; Bio 2011, pers. that are a threat to the three species are comm.). Nonnative canopy species that 1990, p. 73; Gagne and Cuddihy 1999, the nonnative grasses Ehrharta stipoides p. 45). Of these 100 nonnative pest plant threaten B. hillebrandiana ssp. (meadow rice grass) and Paspalum species, over 35 species have altered the hillebrandiana include Casuarina conjugatum (Hilo grass) (Denslow et al. habitat of 14 of the 15 species proposed equisetifolia (ironwood) (Perlman and for listing (only the proposed anchialine Wood 2006, in litt.). In addition, B. 2006, p. 118). These nonnative plant pool shrimp is not directly impacted by hillebrandiana ssp. hillebrandiana is species pose serious and ongoing threats nonnative plants (see Table 3)). Some of threatened by the nonnative grass to the three species that depend on this the nonnative plants were brought to Pennisetum setaceum (fountain grass) ecosystem (see Specific Nonnative Hawaii by various groups of people, (Perlman and Wood 2006, in litt.; Bio Species Impacts below).
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Nonnative Plants in the Lowland Wet fireweed) (Herbst et al. 2004, p. 4; Le tarminiana, Polygonum punctatum, Ecosystem Roux et al. 2006, pp. 694–702; U.S. Rubus argutus, R. ellipticus, R. Nonnative plant species that are a Army Garrison 2009, p. 5; Bio 2011, rosifolius, Tibouchina herbacea, T. threat to the 7 of the 13 plant species pers. comm.; Evans 2011, pers. comm.; urvilleana, and Ulex europaeus (gorse) (Cyanea marksii, Cyaneatritomantha, HISC 2012; Jepson eFlora 2012–Jepson (Wood 1995, in litt.; Benitez et al. 2008, Cyrtandra nanawaleensis, Cyrtandra Herbarium Database). The nonnative pp. 1–118; Perlman and Bio 2008, in wagneri, Phyllostegia floribunda, grass Pennisetum setaceum also litt.; HBMP 2010c; HBMP 2010d; Platydesma remyi, and Pritchardia threatens Schiedea hawaiiensis (U.S. HBMPe; HBMP 2010f; HBMP 2010h; lanigera) proposed for listing in this rule Army Garrison 2009, p. 5; Bio 2011, HBMPi; HMBP 2010j; HBMP 2010k; that inhabit the lowland wet ecosystem pers. comm.; Evans 2011, pers. comm.). USFWS 2010, pp. 4–74—4–75). These nonnative plant species pose Nonnative canopy species that threaten on Hawaii Island include the understory serious and ongoing threats to the the nine proposed species include and subcanopy species Clidemia hirta proposed species Schiedea hawaiiensis, Sphaeropteris cooperi and Psidium (Koster’s curse), Erigeron karvinskianus which depends on this ecosystem (see cattleianum (HBMP 2010c; HBMP (daisy fleabane), Hedychium Specific Nonnative Plant Species 2010h; HBMP 2010i). Nonnative grasses gardnerianum, Juncus effusus (Japanese Impacts below). that threaten this ecosystem are mat rush), J. ensifolius (dagger-leaved Andropogon ssp., Axonopus fissifolius rush), J. planifolius (bog rush), Nonnative Plants in the Montane Mesic (carpetgrass), Ehrharta stipoides, Melastoma spp., Passiflora edulis Ecosystem Paspalum conjugatum, and Setaria (passion fruit), P. tarminiana (banana Nonnative plant species that threaten palmifolia (Wood 1995, in litt.; Perlman poka), Polygonum punctatum (water two plant species (Phyllostegia and Bio 2008, in litt.; HBMP 2010c; smartweed), Rubus argutus (prickly floribunda and Pittosporum hawaiiense) HBMP 2010h; HBMP 2010i). These Florida blackberry), R. ellipticus (yellow and the picture-wing fly proposed for nonnative plant species pose serious Himalayan raspberry), R. rosifolius, listing in this rule that inhabit the and ongoing threats to nine proposed Sphaeropteris cooperi (Australian tree montane mesic ecosystem on Hawaii species that depend on this ecosystem fern), Tibouchina herbacea (glorybush), Island include the understory and (see Specific Nonnative Plant Species and T. urvilleana (princess flower) subcanopy species Anemone Impacts below). (Wood 1995, in litt.; Perlman et al. 2001, hupehensis var. japonica (Japanese in litt.; Perlman and Wood 2006, in litt.; anemone), Buddleia asiatica (dog tail), Nonnative Plants in the Dry Cliff Perlman and Perry 2003, in litt.; Lorence Clidemia hirta, Hedychium Ecosystem and Perlman 2007, pp. 357–361; PEPP gardnerianum, Rubus argutus, and Nonnative plant species that threaten 2007, pp. 1–65; PEPP 2008, pp. 87–111; Rubus rosifolius (HDOFAW 1992, p. 17; Bidens hillebrandiana ssp. Perlman and Bio 2008, in litt.; Perlman Benitez et al. 2008, pp. 24–53; PEPP hillebrandiana, the only plant species et al. 2008, in litt.; HBMP 2010c; HBMP 2008, pp. 106–107; Perlman et al. 2008, proposed for listing in this rule that 2010e; HBMP 2010f; HBMP 2010g; in litt.; HBMP 2010h; PIER 2011a). inhabits the dry cliff ecosystem on HBMP 2010h; HBMP 2010i; PEPP 2010, Canopy species that threaten the three Hawaii Island, include the understory pp. 33–121). Nonnative canopy species species include Psidium cattleianum and subcanopy species Lantana camara, that are a threat to the seven species and Schinus terebinthifolius (Benitez et Melastoma spp., and Pluchea include Angiopteris evecta (mule’s foot al. 2008, pp. 29–30; Perlman et al. 2008, carolinensis (Perlman and Wood 2006, fern), Falcataria moluccana (albizia), in litt.). Nonnative grasses that threaten in litt.; Bio 2011, pers. comm.). Miconia calvescens (miconia), Psidium this ecosystem are Andropogon Nonnative canopy species that threaten cattleianum, Schefflera actinophylla virginicus (broomsedge), Ehrharta B. hillebrandiana ssp. hillebrandiana (octopus tree) (Palmer 2003, p. 48; stipoides, Pennisetum setaceum, and include Casuarina equisetifolia and HBMP 2010c; HBMP 2010e; HBMP Setaria palmifolia (HDOFAW 1992, p. Psidium cattleianum (Perlman and 2010f; HBMP 2010g; HBMP 2010h; 17; Benitez et al. 2008, pp. 24–53; PEPP Wood 2006, in litt.; Bio 2011, pers. HBMP 2010i; PEPP 2010, p. 62; Lau 2008, pp. 106–107; HBMP 2010c). These comm.). Nonnative grasses that threaten 2011, in litt.; Magnacca 2011b, pers. nonnative plant species pose serious this ecosystem include Digitaria setigera comm.; Pratt 2011a, in litt.; Price 2011, and ongoing threats to the species that and Pennisetum setaceum (Perlman and in litt.). Nonnative grasses that threaten depend on this ecosystem (see Specific Wood 2006, in litt.; Bio 2011, pers. this ecosystem are Ehrharta stipoides Nonnative Plant Species Impacts comm.). These nonnative plant species and Setaria palmifolia (palmgrass) below). pose serious and ongoing threats to all (Lorence and Perlman 2007, pp. 357– three of the species proposed for listing Nonnative Plants in the Montane Wet 361; PEPP 2007, pp. 1–65; HBMP 2010c; that depend on this ecosystem (see Ecosystem HBMP 2010f; HBMP 2010g). These Specific Nonnative Plant Species nonnative plant species pose serious Nonnative plant species that threaten Impacts below). and ongoing threats to the seven species 8 of the 13 plant species (Cyanea Nonnative Plants in the Wet Cliff that depend on this ecosystem (see marksii, C. tritomantha, Phyllostegia Ecosystem Specific Nonnative Plant Species floribunda, Pittosporum hawaiiense, Impacts below). Platydesma remyi, Pritchardia lanigera, Nonnative plant species that threaten Schiedea diffusa ssp. macraei, and the three plant species (Cyanea Nonnative Plants in the Montane Dry Stenogyne cranwelliae), and the picture- tritomantha, Pritchardia lanigera, and Ecosystem wing fly proposed for listing in this rule Stenogyne cranwelliae) proposed for Nonnative plant species that threaten that inhabit the montane wet ecosystem listing in this rule that inhabit the wet the plant species Schiedea hawaiiensis on Hawaii Island include the understory cliff ecosystem on Hawaii Island in the montane dry ecosystem on and subcanopy species Clidemia hirta, include the understory and subcanopy Hawaii Island include the understory Erigeron karvinskianus, Hedychium species Hedychium coronarium, H. and subcanopy species Heterotheca coronarium (white ginger), H. gardnerianum, Juncus effusus, grandiflora (telegraph weed) and gardnerianum, Juncus spp., Lantana Passiflora tarminiana, Rubus rosifolius, Senecio madagascariensis (Madagascar camara, Passiflora edulis, P. Tibouchina herbacea, and T. urvilleana
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(HBMP 2010c; HBMP 2010f; HBMP preventing their reproduction, usually roadsides and in wet forest in Hawaii. 2010k). The three species in this by shading and taking up available sites The species has wind-distributed seeds, ecosystem are also threatened by the for seedling establishment (Vitousek et and resists grazing because of toxic nonnative grasses Axonopus fissifolius, al. 1987, pp. 224–227). These chemicals that induce vomiting when Ehrharta stipoides, Paspalum competitive advantages allow nonnative ingested. It was designated as a high risk conjugatum, and Setaria palmifolia plants to convert native-dominated invasive species in the Pacific Islands (HBMP 2010c; HBMP 2010f; HBMP plant communities to nonnative plant Ecosystems at Risk (PIER) project. 2010k). These nonnative plant species communities (Cuddihy and Stone 1990, • Angiopteris evecta (mule’s foot pose serious and ongoing threats to the p. 74; Vitousek 1992, pp. 33–35). The fern) is native throughout much of the three species that depend on this following list provides a brief South Pacific, including Australia and ecosystem (see Specific Nonnative Plant description of the nonnative plants that New Guinea, and has established Species Impacts below). pose a threat to 14 of the 15 species (all invasive populations throughout the except the anchialine pool shrimp) Hawaiian Islands (Global Invasive Specific Nonnative Plant Species proposed for listing here. The Hawaii- Species Database (GISD) 2011a). Impacts Pacific Weed Risk Assessment is cited Rhizomes form a massive, almost Nonnative plants pose serious and in many of the brief descriptions of the spherical trunk, 5 in (12 cm) high and ongoing threats to 14 of the 15 species nonnative plants below. This 39 in (100 cm) in diameter, and fronds proposed for listing (all except the assessment was created as a research may grow up to 20 ft (6 m) long and 8 anchialine pool shrimp) in this rule collaboration between the University of to 10 ft (2.5 to 3 m) broad, allowing this throughout their ranges by destroying Hawaii and the U.S. Forest Service for species to form dense stands that and modifying habitat. They can use in Hawaii and other high Pacific displace and shade out native plants adversely impact microhabitat by islands (i.e., volcanic in origin, as (GISD 2011a). modifying the availability of light and opposed to low-lying atolls) and is an • Axonopus fissifolius (carpetgrass) is nutrient cycling processes, and by adaptation of the Australian-New a pasture grass that forms dense mats altering soil-water regimes. They can Zealand Weed Risk Assessment protocol with tall foliage. This species does well also alter fire regimes affecting native developed in the 1990s (Denslow and in soils with low nitrogen levels, and plant habitat, leading to incursions of Daehler 2004, p. 1). The Australian-New can outcompete other grasses in wet fire-tolerant nonnative plant species Zealand protocol was developed to forests and bogs. In addition, A. into native habitat. Alteration of fire screen plants proposed for introduction fissifolius outcompetes native plants for regimes clearly represents an ecosystem- into those countries, while the Hawaii- moisture, an impact accentuated by level change caused by the invasion of Pacific Weed Risk Assessment was drought (Olaa Kilauea Partnership 2007, nonnative grasses (D’Antonio and developed to evaluate species already p. 3). This species is not subject to any Vitousek 1992, p. 73). The grass life used in landscaping, gardening, and major diseases or insect pests, and form supports standing dead material forestry, and is used to predict whether recovers quickly from fire. The seeds are that burns readily, and grass tissues or not a nonnative plant species is likely readily spread by water, vehicles, and have large surface-to-volume ratios and to become invasive. Not all nonnative grazing animals (O’Connor 1999, pp. can dry out quickly (D’Antonio and plant species present in Hawaii have 1,500–1,502; Cook et al. 2005, p. 4). Vitousek 1992, p. 73). The flammability been assessed, and information on • Buddleia asiatica (dog tail) is a of biological materials is determined species invasiveness is lacking or absent shrub or small tree that can tolerate a primarily by their surface-to-volume from some of the descriptions below. In wide range of habitats, forms dense ratio and moisture content, and general, all nonnative plant species thickets, and is rapidly spreading into secondarily by mineral content and displace native Hawaiian plants; here wet forest and lava and cinder substrate tissue chemistry (D’Antonio and we describe other specific negative areas in Hawaii, displacing native Vitousek 1992, p. 73). The finest size impacts of individual alien plant vegetation (Wagner et al. 1999e, p. 415; classes of material (mainly grasses) species when known. PIER 2011a). ignite and spread fires under a broader • Andropogon virginicus • Casuarina equisetifolia (ironwood), range of conditions than do woody fuels (broomsedge) is a perennial bunchgrass native to Australia (Wagner et al. 1999f, or even surface litter (D’Antonio and native to northeastern America, now p. 528–529), is a tree 33 to 66 ft (10 to Vitousek 1992, p. 73). The grass life naturalized along roadsides and in 20 m) tall (Cronk & Fuller 2001, p. 144 form allows rapid recovery following disturbed dry to mesic forest and in PIER 2011b). This species is a fire; there is little above-ground shrubland (O’Connor 1999, p. 1,497). pioneer, salt-resistant tree that forms structural tissue, so almost all new Seeds are easily distributed by wind, monotypic stands under which little tissue fixes carbon and contributes to clothing, vehicles, and feral animals else grows (PIER 2011b). It is thought growth (D’Antonio and Vitousek 1992, (Smith 1989, pp. 60–69). Andropogon that the roots and needle litter exude a p. 73). Grass canopies also support a virginicus may release allelopathic chemical that kills other plants. microclimate in which surface substances that dramatically decrease Ironwood trees are fire resistant, and the temperatures are hotter, vapor pressure native plant reestablishment (Rice 1972, seeds of this species are wind- and deficits are larger, and the drying of pp. 752–755). This species has become water-dispersed, further contributing to tissues more rapid than in forests or dominant in areas subjected to natural its advantage over native species woodlands (D’Antonio and Vitousek or human-induced fires (Gagne and (Staples & Herbst, 2005, p. 229). 1992, p. 73). Thus, conditions that favor Cuddihy 1999, p. 77). Andropogon • Clidemia hirta (Koster’s curse), a fire are much more frequent in virginicus is on the Hawaii State noxious shrub in the Melastoma family, grasslands (D’Antonio and Vitousek noxious weed list (Hawaii forms a dense understory, shades out 1992, p. 73). Administrative Rules (H.A.R.) Title 4, native plants, and prevents their Nonnative plants outcompete native Subtitle 6, Chapter 68). regeneration (Wagner et al. 1985, p. 41; plants by growing faster, and some may • Anemone hupehensis var. japonica Smith 1989, p. 64). All plants in the release chemicals that inhibit the (Japanese anemone) is native to China, Melastoma family are on the Hawaii growth of other plants. Nonnative plants and is naturalized and locally common State noxious weed list (H.A.R. Title 4, may also displace native species by in open, wet, disturbed areas along Subtitle 6, Chapter 68).
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• Delairea odorata (cape ivy), a in most features and is considered a Agriculture—Agricultural Research rapidly growing perennial bushy vine major infestation in the Kau district on Division—National Genetic Resources native to South Africa, covers and Hawaii Island. Program (USDA–ARS–NGRP) 2011— suppresses growth and germination of • Hedychium spp. (ginger) are native Germplasm Resources Information native species by carpeting the ground to India and the Himalayas (Nagata Network (GRIN) Online Database; and rooting down at leaf nodes. This 1999, p. 1,623; Motooka et al. 2003a). USDA–Natural Resources Conservation species can also grow in the canopy, Hedychium gardnerianum (kahili Service (NRCS) 2012a—Plants where it smothers native trees, often to ginger) and H. coronarium (white database). the point of death (Benitez et al. 2008, ginger) are both showy gingers • Juncus ensifolius (dagger-leaved pp. 1–115; PIER 2012a; Weeds of Blue introduced for ornamental purposes. rush), a perennial herb native to the Mountain Bushlands 2011). Hedychium gardnerianum was first western United States, is naturalized in • Digitaria setigera (East Indian collected in 1954, at HVNP (Wester Hawaii and occurs in standing water of crabgrass) is native to tropical Asia from 1992, pp. 99–154; Nagata 1999, p. marshy areas (Coffey 1999, p. 1,453). India to Sri Lanka, and the Pacific 1,623). This species grows over 3 ft (1 This weedy colonizer can tolerate Islands. The species propagates by seeds m) tall in open, light environments; environmental stress and outcompete and runners, a single flowering stem however it will readily grow in full native species (USDA–NRCS 2012b— produces hundreds of seeds. This shade beneath a forest canopy (Smith Plants Database). species is a serious weed, which was 1985, pp. 191–192). It forms vast, dense • Juncus planifolius (bog rush) is a accidently introduced to Hawaii and colonies, displacing other plant species, perennial herb that is naturalized in first collected around 1864. and reproduces by rhizomes where Hawaii in moist, open, disturbed • Ehrharta stipoides (meadow rice already established. The conspicuous, depressions on margins of forests and in grass) is a grass that creates a thick mat fleshy, red seeds are dispersed by fruit- bogs (Coffey 1999, pp. 1,453–1,454). in which other species cannot eating birds as well as humans. This species forms dense mats and has regenerate; its seeds are easily dispersed Hedychium coronarium is a herbaceous the potential to displace native plants by awns (slender, terminal bristle-like perennial that grows 3 to 7 ft (1 to 2 m) by preventing establishment of native process found at the spikelette in many tall and favors wet habitats (GISD 2011c; seedlings (Medeiros et al. 1991, pp. 22– grasses) that attach to fur or clothing PIER 2012b). This species is shade 23). (U.S. Army Garrison 2006, p. 2–1–20). tolerant but can grow in exposed full • Lantana camara (lantana), a • Erigeron karvinskianus (daisy sun (Csurhes and Hannan-Jones 2008, p. malodorous, branched shrub up to 10 ft fleabane) is a sprawling, perennial herb 7). Similar to H. gardnerianum, the (3 m) tall, was brought to Hawaii as an that reproduces and spreads rapidly by creeping growth habit of H. coronarium ornamental plant. Lantana is aggressive, stem layering and regrowth of broken overwhelms low-growing native plants, thorny, and forms thickets, crowding roots to form dense mats. This species and this species is difficult to control out and preventing the establishment of crowds out and displaces ground-level due to the presence of rhizomes native plants (Davis et al. 1992, p. 412; plants (Weeds of Blue Mountains (Csurhes and Hannan-Jones 2008, p. 7; Wagner et al. 1999g, p. 1,320). Bushland 2008). GISD 2011c). In addition to • Leucana leucocephala (koa haole), • Falcataria moluccana (albizia), outcompeting native plants, Hedychium a shrub native to the neotropics, is a native to Moluccas, New Guinea, New spp. reduce the amount of nitrogen in nitrogen-fixer and an aggressive Britain, and the Solomon Islands, is a the Metrosideros forest canopy in competitor that often forms the tree that can reach up to 131 ft (40 m) Hawaii, thus impacting the availability dominant element of the vegetation in tall with wide-spreading branches. of nutrients for native plants (Asner and low-elevation, dry, disturbed areas in Albizia is commonly used as a shade Vitousek 2005, in litt.; Jordan et al. Hawaii (Geesink et al. 1999, pp. 679– plant for coffee plants in plantations in 2008, pp. 177–190). It may also block 680). many parts of the world. This species stream edges, altering water flow (GISD • Plants in the genus Melastoma are grows very rapidly. Albizia can quickly 2011c), which can subsequently lead to ornamental shrubs native to southeast establish in disturbed and nondisturbed watershed degradation and decline in Asia and all species are on the Hawaii mesic to wet areas (PIER 2011c; GISD moisture regimes that are necessary to State noxious weed list (H.A.R. Title 4, 2011b). Its rapid growth habit enables it support native plants. Subtitle 6, Chapter 68). Melastoma to outcompete slow-growing native trees • Heterotheca grandiflora (telegraph species have high germination rates, by reducing light availability, and its weed) is an annual or biennial herb rapid growth, early maturity, ability of abundant, high-quality litter alters native to California and Mexico, as well fragments to root, possible asexual nutrient dynamics in the soil (GISD as a common weed of dry, disturbed reproduction, and efficient seed 2011b). Increased nitrogen in the soil areas on Hawaii Island (PIER 2011d). dispersal (especially by birds that are may favor nonnative plant species This species is an opportunistic attracted by copious production of (GISD 2011b). colonizer that grows quickly, forms berries) (Smith 1985, p. 194; University • Grevillea spp. are medium to large dense stands, and inhibits recruitment of Florida Herbarium 2008, pp. 1–2). evergreen trees native to Australia. Over of native plants (Csurhes 2009, p. 2; These characteristics enable the plants two million Grevillea robusta trees were PIER 2011d). to be aggressive competitors in planted in the Hawaii Islands between • Juncus effusus (Japanese mat rush) Hawaiian ecosystems. 1919 and 1959, in an effort to reduce is a perennial herb widely distributed in • Melinis repens (natal redtop), a erosion and to provide timber. The temperate regions and naturalized in perennial grass native to Africa, is now leaves produce an allelopathic Hawaii in ponds, streams, and open widely naturalized in the tropics and in substance that inhibits the boggy sites. It was brought to Hawaii as Hawaii. It invades disturbed dry areas establishment of all other plant species a source of matting material, but grew from coastal regions to subalpine forest underneath the canopy (Smith 1985, p. too slowly to be of commercial value (Gould 1977–Desert Museum database; 191). This species has been documented (Coffey 1999, p. 1,453). This plant O’Connor 1999, p. 1,588). Dense stands in dry and moist forests, and open areas spreads by seeds and rhizomes, and of this species can contribute to in Hawaii (Smith 1985, p. 191). forms dense mats that crowd-out native recurrent fires (Gould 1977–Desert Grevillea banksii is similar to G. robusta plants (United States Department of Museum database).
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• Miconia calvescens (miconia), a tree releases of biocontrol agents to control vegetation and has deep tap roots that native to the neotropics, first appeared the spread of this species have not been significantly reduce available water for on Oahu and the island of Hawaii as an successful to date. native dryland plants. This plant fixes introduced garden plant, and has • Pennisetum setaceum (fountain nitrogen and can outcompete native escaped from cultivation (Almeda 1999, grass) is a grass that is an aggressive species (Geesink et al. 1999, pp. 692– p. 903). Miconia is remarkable for its 2- colonizer that outcompetes most native 693; Obiri 2011, p. 421). This species is to 3-ft (70-cm) long, dark purple leaves. species by forming widespread, dense, on the U.S. Federal noxious weed list It reproduces in dense shade, eventually thick mats. This species is also fire- (USDA–NRCS 2012c–Plants database). shading out all other plants to form a adapted and burns swiftly and hot, • Psidium cattleianum (strawberry monoculture. A single mature plant causing extensive damage to the guava) is a tall shrub or tree that forms produces millions of seeds per year, surrounding habitat (O’Connor 1999, p. dense stands in which few other plants which are spread by birds, ungulates, 1,581). Fountain grass occurs in dry, can grow, displacing native vegetation and humans (Motooka et al. 2003b). open places; barren lava flows; and through competition. The fruit is eaten According to the Hawaii Weed Risk cinder fields, and it is estimated to by feral pigs and birds that disperse the Assessment for M. calvescens, this cover hundreds of thousands of acres on seeds throughout the forest (Smith 1985, species has a high risk of invasiveness the island of Hawaii (O’Connor 1999, p. p. 200; Wagner et al. 1985, p. 24). or a high risk of becoming a serious pest 1,578; Fox 2011, in litt.). • Rubus argutus (prickly Florida (PIER 2010). This species, as well all • Pluchea spp. are 3- to 6-ft (1- to 2- blackberry) is a prickly bramble with plants in the Melastoma family, are on m) tall, fast-growing shrubs that form long-arching stems, and reproduces both the Hawaii State noxious weed list thickets in dry habitats and can tolerate vegetatively and by seed. It readily (H.A.R. Title 4, Subtitle 6, Chapter 68). saline conditions. Pluchea carolinensis sprouts from underground runners, and • Omalanthus populifolius (sourbush) is native to Mexico, the West is quickly spread by frugivorous (fruit- (Queensland poplar) is a large shrub Indies, and South America (Wagner et eating) birds (Tunison 1991, p. 2; native to Australia that is now al. 1999h, p. 351), and Pluchea indica Wagner et al. 1999j, p. 1,107; U.S. Army naturalized in disturbed mesic forests (Indian fleabane), is native to southern Garrison 2006, pp. 2–1–21–2–1–22). up to 3,280 ft (1,000 m) elevation on Asia (Wagner et al. 1999h, p. 351). The This species, which displaces native Hawaii Island (Starr et al. 2003, in litt.). seeds are wind-dispersed (Francis 2004, vegetation through competition, is on Seeds of this species are spread by pp. 577–579). Both species are adapted the Hawaii State noxious weed list birds, water, and machinery-such as to a wide variety of soils and sites, (H.A.R. Title 4, subtitle 6, Chapter 68). roadside mowers (PIER 2011e). tolerate excessively well-drained to • Rubus ellipticus (yellow Himalayan Omalanthus populifolius has the poorly-drained soil conditions, the full raspberry), native to India, is a prickly potential to colonize entire gulches, range of soil textures, acid and alkaline bramble with long arching stems up to displacing and inhibiting the reactions, salt and salt spray, and 13 ft (4 m) long that smother smaller regeneration of native plants compaction. They quickly invade plants, including native species. This (Oppenheimer 2004, p. 11). burned areas, but being early species occurs in wet areas in the • Paspalum conjugatum (Hilo grass) successional, they are soon replaced by Volcano and Laupahoehoe areas on is a perennial grass that is found in wet other species. These adaptive Hawaii Island (Motooka et al. 2003e). habitats and forms a dense ground capabilities increase the species’ • Rubus rosifolius (thimbleberry) is cover. Its small, hairy seeds are easily competitive abilities over native plants. an erect to trailing shrub that forms transported on humans and animals, or • Polygonum punctatum (water dense thickets and outcompetes native are carried by the wind through native smartweed), native to North America, plant species. It easily reproduces from forests, where it establishes and South America, and the West Indies, is roots left in the ground, and seeds are displaces native vegetation (Tomich a naturalized, aquatic species found spread by birds and feral animals (GISD 1986, p. 125; Cuddihy and Stone 1990, along streambeds, in wet areas, in 2008; PIER 2008b). p. 83; Motooka et. al. 2003c; PIER running or standing water, and in • Schefflera actinophylla (octopus 2008a). disturbed forest sites on Hawaii Island tree) is a tree native to Australia and • Passiflora edulis (passion fruit), (Wagner et al. 1999i, p. 1064). This New Guinea, is found in low-elevation, native to South America, is a vigorous species is fast-growing but short-lived, disturbed and undisturbed, mesic and vine that can reach up to 49 ft (15 m) and has long-lived seeds and wet habitats in Hawaii (Lowry 1999, p. in length. In Hawaii, its seeds are spread allelopathic properties (Gutscher 2007, 232; Motooka et al. 2003f). This species by feral pigs, and it can be found in in litt.). Loh and Tunison (1998, p. 5) is shade tolerant and can spread deep agricultural areas, natural forests, found that in pig-disturbed sites, P. into undisturbed forests, forming dense disturbed sites, and shrublands (GISD punctatum expanded from 25 percent to thickets, as its numerous seeds are 2012a). Passiflora edulis overgrows and 62.5 percent cover in 2 years. The readily dispersed by birds (Motooka et smothers the forest canopy, and its fruit combination of rapid growth, long-lived al. 2003f; PIER 2012c). Schefflera encourages rooting and trampling by seeds, and allelopathic properties actinophylla grows epiphytically, feral pigs. allows this species to form dense strangling its host tree (PIER 2012c). • Passiflora tarminiana (banana patches that prohibit the establishment • Schinus terebinthifolius poka), a vine native to South America, of native plants after disturbance events. (christmasberry, also known as Brazilian is widely cultivated for its fruit (Escobar • Prosopis pallida (kiawe), a large pepper), native to South America, forms 1999, pp. 1,010–1,012). First introduced tree up to 30 ft (9 m) tall, was dense thickets in all habitats, and its red to Hawaii in the 1920s, it is now a introduced to Hawaii from northwestern berries are attractive to and dispersed by serious pest in mesic forest, where it South America in 1828, and its seeds birds (Smith 1989, p. 63). Schinus overgrows and smothers the forest were used as fodder for ranch animals seedlings grow very slowly and can canopy. Seeds are readily dispersed by (Motooka et al. 2003d). This species is survive in dense shade, exhibiting humans, birds, and feral pigs (La Rosa now a dominant component of the vigorous growth when the canopy is 1992, pp. 281–282). Fallen fruit vegetation in low-elevation disturbed opened after a disturbance (Brazilian encourage rooting and trampling by pigs sites, and it is well adapted to dry Pepper Task Force 1997). Because of (Diong 1982, pp. 157–158). Field habitats. It overshadows other these attributes, S. terebinthifolius is
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able to displace native vegetation • Ulex europaeus (gorse), a woody that convert forest to grasslands through competition. legume up to 12 ft (4 m) tall and covered (D’Antonio and Vitousek 1992, p. 77). • Senecio madagascariensis with spines, is native to Western Europe Because several Hawaiian plants (Madagascar fireweed), native to (Geesink et al. 1999, pp. 715–716). It is show some tolerance of fire, Vogl Madagascar and South Africa, is a short- cultivated as a hedge and fodder plant, proposed that naturally occurring fires lived perennial plant that is on the State and was inadvertently introduced to may have been important in the of Hawaii’s noxious weed list (PIER Hawaii before 1910, with the development of the original Hawaiian 2011f). Each S. madagascariensis plant establishment of the wood industry flora (Vogl 1969 in Cuddihy and Stone can produce abundant seeds each year (Tulang 1992, pp. 577–583; Geesink et 1990, p. 91; Smith and Tunison 1992, p. that are easily distributed by wind (The al. 1999, pp. 715–716). Gorse spreads 394). However, Mueller-Dombois (1981 State of Queensland, Department of numerous seeds by explosive opening of in Cuddihy and Stone 1990, p. 91) Employment, Economic Development the pods (Mallinson 2011, pp. 1–2). It points out that most natural vegetation and Innovation 2011, pp. 1–4). This can rapidly form extensive dense and types in Hawaii would not carry fire combination of long-range dispersal of impenetrable infestations, and competes before the introduction of alien grasses, its seeds and its allelopathic properties with native plants, preventing their and Smith and Tunison (1992, p. 396) enables this species to successfully establishment. Dense patches can also state that native plant fuels typically outcompete native plants (Daehler 2011, present a fire hazard (Mallinson 2011, have low flammability. Because of the in litt.) pp. 1–2). Over 20,000 ac (8,094 ha) are greater frequency, intensity, and • Setaria palmifolia (palmgrass), infested by gorse on the island of duration of fires that have resulted from native to tropical Asia, was first Hawaii, and over 15,000 ac (6,070 ha) the introduction of nonnative plants collected on Hawaii Island in 1903 are infested on Maui (Tulang 1992, pp. (especially grasses), fires are now (O’Connor 1999, p. 1,592). A large- 577–583). Gorse is on the Hawaii State destructive to native Hawaiian leafed perennial herb, this species noxious weed list (H.A.R. Title 4, ecosystems (Brown and Smith 2000, p. reaches approximately 6.5 ft (2 m) in Subtitle 6, Chapter 68). 172), and a single grass-fueled fire can height at maturity, and shades out kill most native trees and shrubs in the native vegetation. Palmgrass is resistant Habitat Destruction and Modification by burned area (D’Antonio and Vitousek to fire and recovers quickly after being Fire 1992, p. 74). burned (Cuddihy and Stone 1990, p. Fire represents a threat to four of the 83). Fire is an increasing, human- species proposed for listing (the plants • Sphaeropteris cooperi (Australian exacerbated threat to native species and Bidens micrantha ssp. ctenophylla, tree fern) is a tree fern native to native ecosystems in Hawaii. The Phyllostegia floribunda, and Schiedea Australia that was brought to Hawaii for historical fire regime in Hawaii was hawaiiensis; and the picture-wing fly) use in landscaping (Medeiros et al. characterized by infrequent, low found in the lowland dry, lowland 1992, p. 27). It can achieve high severity fires, as few natural ignition mesic, lowland wet, montane dry, and densities in native Hawaiian forests, sources existed (Cuddihy and Stone montane mesic ecosystems addressed in grows up to 1 ft (0.3 m) in height per 1990, p. 91; Smith and Tunison 1992, this proposed rule (see Table 3). Fire year (Jones and Clemesha 1976, p. 56), pp. 395–397). It is believed that prior to can destroy dormant seeds of these and can displace native species. human colonization, fuel was sparse species as well as plants themselves, Understory disturbance by feral pigs and inflammable in wet plant even in steep or inaccessible areas. facilitates the establishment of this communities and seasonally flammable Successive fires that burn farther and species (Medeiros et al. 1992, p. 30), and in mesic and dry plant communities. farther into native habitat destroy native it has been known to spread over 7 mi The primary ignition sources were plants and remove habitat for native (12 km) through windblown dispersal of volcanism and lightning (Baker et al. species by altering microclimate spores from plant nurseries (Medeiros et 2009, p. 43). Natural fuel beds were conditions favorable to alien plants. al. 1992, p. 29). often discontinuous, and rainfall in Alien plant species most likely to be • Tibouchina species are herbs, many areas on most islands was, and is, spread as a consequence of fire are those shrubs, or trees native to South moderate to high. Fires inadvertently or that produce a high fuel load, are America. All members of this genus are intentionally ignited by the original adapted to survive and regenerate after on the Hawaii State noxious weed list Polynesians in Hawaii probably fire, and establish rapidly in newly (H.A.R. Title 4, Subtitle 6, Chapter 68). contributed to the initial decline of burned areas. Grasses (particularly those Tibouchina herbacea (glorybush), an native vegetation in the drier plains and that produce mats of dry material or herb or shrub up to 3 ft (1 m) tall, is foothills. These early settlers practiced retain a mass of standing dead leaves) native to southern Brazil, Uruguay, and slash-and-burn agriculture that created that invade native forests and Paraguay. In Hawaii, it is naturalized open lowland areas suitable for the later shrublands provide fuels that allow fire and abundant in disturbed mesic to wet colonization of nonnative, fire-adapted to burn areas that would not otherwise forest on the islands of Molokai, Lanai, grasses (Kirch 1982, pp. 5–6, 8; Cuddihy easily burn (Fujioka and Fujii 1980 in Maui, and Hawaii (Almeda 1999, p. and Stone 1990, pp. 30–31). Beginning Cuddihy and Stone 1990, p. 93; 915). It forms dense thickets, crowding in the late 18th century, Europeans and D’Antonio and Vitousek 1992, pp. 70, out all other plant species and inhibits Americans introduced plants and 73–74; Tunison et al. 2002, p. 122). regeneration of native plants (Motooka animals that further degraded native Native woody plants may recover from et al. 2003g). Tibouchina urvilleana Hawaiian ecosystems. Pasturage and fire to some degree, but fire shifts the (princess flower), a shrub or small tree ranching, in particular, created high competitive balance toward alien up to 3-to 14-ft (1-to 4-m) tall, is native fire-prone areas of nonnative grasses species (National Park Service (NPS) to southern Brazil (Almeda 1999, p. and shrubs (D’Antonio and Vitousek 1989, in Cuddihy and Stone 1990, p. 916). Naturalized on Kauai, Oahu, Maui, 1992, p. 67). Although fires were 93). On a post-burn survey at and Hawaii, this species forms dense historically infrequent in mountainous Puuwaawaa on Hawaii Island, an area of thickets in disturbed areas of wet forest, regions, extensive fires have recently native Diospyros forest with crowding out all other plant species and occurred in lowland dry and lowland undergrowth of the nonnative grass inhibiting regeneration of native plants. mesic areas, leading to grass-fire cycles Pennisetum setaceum, Takeuchi noted
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that ‘‘no regeneration of native canopy intact and intensively managed natural threatened to burn an area that supports is occurring within the Puuwaawaa systems (Tunison and Stone 1992, pp. B. micrantha ssp. ctenophylla (Knoche burn area’’ (Takeuchi 1991, p. 2). 781–798). The plant Phyllostegia 2012, in litt.). Although no B. micrantha Takeuchi (1991, pp. 4, 6) also stated that floribunda, proposed for listing in this ssp. ctenophylla individuals were ‘‘burn events served to accelerate a rule, is known from the east rift zone’s burned, the immediate proximity of the decline process already in place, Napau Crater, in the lowland wet fire to occupied and unoccupied habitat compressing into days a sequence that ecosystem (Belfield 1998, pp. 9, 11–13, for this species demonstrates the threat would ordinarily take decades,’’ and 23; Pratt 2007b, in litt.; HBMP 2010h). of fire to B. micrantha ssp. ctenophylla concluded that in addition to increasing In addition, historical records report in the lowland dry ecosystem at the number of fires, the nonnative that the plant Cyanea tritomantha, Kealakehe. Pennisetum acted to suppress the proposed for listing in this rule, also Fire is also a threat to the picture- establishment of native plants after a occurred in this area, in the same wing fly, proposed for listing in this fire. ecosystem; however the last survey that rule, at one of its two known locations For decades, fires have impacted rare reported this occurrence was over 25 (the Manuka NAR) due to the ongoing or endangered species and areas years ago (Lamoureux et al. 1985, pp. extreme drought conditions in this previously designated or proposed for 105, 107–108; HBMP 2010h). region and the resulting accumulation of critical habitat designation in this rule Fire is a threat to the Kona (leeward) dead trees (i.e., fuel load), in the lowland mesic and montane mesic (HDOFAW 2002, pp. 1, 4–6; Dayton side of Hawaii Island. In the past 50 ecosystems (Magnacca 2011b, pers. 2007, in litt.; Joint Fire Science Program years, there have been three wildfires comm.). that burned 20,000 ac (8,094 ha) or (JFSP) 2009, pp. 1–12; Weise et al. 2010, Throughout the Hawaiian Islands, pp. 199–220; Kakesako 2011, in litt.). more: (1) 20,000 ac (8,094 ha) burned at increased fuel loads and human-ignited On the island of Hawaii, wildfires are Puuwaawaa Ranch in 1985; (2) 20,000 fires caused the average acreage burned caused primarily by lava flows, humans, acres (8,094 ha) burned at PTA in 1994; to increase five-fold from the early and lightning, all of which are and (3) 25,000 ac (10,117 ha) burned in 1900s (1904 to 1939) to the mid-1900s exacerbated by severe drought and Waikoloa in 2005 (Thompson 2005, in (1940 to 1976) (La Rosa et al. 2008, p. nonnative grasses (e.g., Pennisetum litt.). The only known occurrence (25 to 231). In HVNP, fires were three times setaceum) (Dayton 2007, in litt.; JFSP 40 individuals) of the plant Schiedea more frequent and 60 times larger, on 2009, pp. 1–6; Armstrong and Media hawaiiensis, proposed for listing in this average, from the late 1960s to 1995, 2010, in litt.; Weise et al. 2010, pp. 199– rule, is found on the U.S. Army’s when compared to data spanning 1934 216; Adkins et al. 2011, p. 17; Hawaii Pohakuloa Training Area (PTA), and the to the late 1960s (Tunison et al. 2001 in County Major.com–accessed September 1994 fire burned to within 2 mi (4 km) La Rosa et al. 2008, p. 231). The 7, 2011; Burnett 2010, in litt.; KHON2, of this species (U.S. Army Garrison historical fire regimes have been altered June 6, 2011). Between 2002 and 2003, 2006, p. 34; Evans 2011, in litt.). from typically rare events to more three successive lava-ignited wildfires Although this fire may seem relatively frequent events, largely a result of in the east rift zone of HVNP affected distant from S. hawaiiensis, wildfires continuous fine fuel loads associated native forests in lowland dry, lowland can travel from 4 to 8 miles per hour with the presence of the fire-tolerant, mesic, and lowland wet ecosystems (mph) (6.5 to 13 kilometers per hour nonnative fountain grass and the grass- (JFSP 2009, p. 3), cumulatively burning (kph)), and burn 2.5 ac (1 ha) to 6 ac (2.5 fire feedback cycle that promotes its an estimated 11,225 ac (4,543 ha) ha) per minute (the equivalent of 6 to 8 establishment (La Rosa et al. 2008, pp. (Wildfire News, June 9, 2003; JFSP football fields per minute), depending 240–241; Pau 2009, in litt.). Extreme 2009, p. 3). These fires destroyed over on the fuel type, wind, and slope of land drought conditions are also contributing 95 percent of the canopy cover in the (Burn Institute 2009, p. 4). In 2011, a to the number and intensity of the burned areas and encroached upon 500-ac (202-ha) wildfire ignited by wildfires on Hawaii Island (Armstrong rainforests (i.e., forests in the lowland lightning and fueled by nonnative and Media 2010, in litt.; Loh 2010, in wet ecosystem) that were previously Pennisetum setaceum burned within the litt.). In addition, the combination of El thought to have low susceptibility or State’s Puu Anahulu Game Management Nin˜ o conditions (see ‘‘Habitat even be relatively immune to wildfires Area (GMA) and encroached within a Destruction and Modification by (JFSP 2009, pp. 2–3; Wildfire News, quarter-mile (0.5 km) of PTA (KHON2, Climate Change,’’ below) in the Pacific, June 9, 2003). After the fires, nonnative June 6, 2011). The Puu Anahulu GMA a half-century decline in annual rainfall, ferns were reported in the higher lies just 3 mi (5 km) northwest of the and intermittent dry spells have fueled elevation rainforests where they had not only known occurrence of S. wildfires throughout all of the main previously been observed, and were hawaiiensis in the montane dry Hawaiian Islands (Marcus 2010, in litt.). believed to inhibit the ability of the ecosystem. Also in 2011, a 120-ac (49- The entire State is experiencing dry dominant native Metrosideros ha) wildfire broke out near Kaiminani conditions, but Hawaii Island appears to polymorpha (ohia) trees to recover (JFSP Street (Jensen 2011, in litt.), just north be significantly impacted (Kodama 2003, pp. 1–2). Nonnative flammable of Hina Lani Road, in the lowland dry 2010, in litt.; USDA–FSA 2012, in litt.). grasses also spread in the area, under ecosystem, where the largest occurrence Fire is a threat to three plant species the dead ohia trees (Ainsworth 2011, in of the plant species Bidens micrantha (Bidens micrantha ssp. ctenophylla, litt.), increasing the risk of fire in ssp. ctenophylla, proposed for listing in Phyllostegia floribunda, and Schiedea surrounding native forested areas. In this rule, is found. In addition, the hawaiiensis), and the picture-wing fly 2011, the Napau Crater wildfire, ignited threat of fire to this species is increased (Drosophila digressa), reported from by an eruption at the Kamoamoa fissure by its occurrence in areas bordered by Hawaii Island’s lowland dry, lowland in HVNP, consumed over 2,076 ac (840 residential developments, schools, and mesic, lowland wet, montane dry, and ha), including 100 ac (40 ha) of the roads, which provide numerous ignition montane mesic ecosystems, because 2,750 ac (1,113 ha) east rift zone’s sources from the high volume of human individuals of these species or their special ecological area (Ainsworth 2011, traffic. A recent fire at the Villages of habitat are located in or near areas that in litt.; Kakesako 2011, in litt.). Special Laiopua subdivision at Kealakehe, were burned in previous fires or in areas ecological areas (SEA) are HVNP’s most known to have been intentionally set, at risk for fire due to volcanic activity,
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drought, or the presence of highly Since 1950, 13 hurricanes have to four of the plant species (Bidens flammable nonnative grasses and passed near but not over Hawaii Island. hillebrandiana ssp. hillebrandiana, shrubs. Eleven of these hurricanes brought Cyanea marksii, Cyanea tritomantha, heavy rain, strong wind, or high surf to and Cyrtandra wagneri) addressed in Habitat Destruction and Modification by the island, which caused erosion, flash this proposed rule (Lorence and Hurricanes floods, and other damage (Fletcher III et Perlman 2007, p. 359; PEPP 2010, p. 52; Hurricanes adversely impact native al. 2002, pp. 11–17; National Weather Bio 2011, pers. comm.). Monitoring data Hawaiian terrestrial habitat and Service et al. 2010, pp. 1–22). In 1994, from PEPP and other field biologists and exacerbate the impacts resulting from tropical depression 1C brought over 14 surveyors suggest that these four species other threats such as habitat degradation in (36 cm) of rain in just a few days to are threatened by these events as they by ungulates and competition with windward sections of Hawaii Island are found in landscape settings nonnative plants. They do this by (National Oceanic Atmospheric susceptible to these events (e.g., lava destroying native vegetation, opening Administration (NOAA) 1994, pp. 4–5; tubes, stream banks, steep slopes and the canopy and thus modifying the National Weather Service et al. 2010, cliffs). Field survey data presented by availability of light, and creating pp. 4–5). PEPP and other field biologists disturbed areas conducive to invasion Although there is historical evidence document that individuals of Bidens by nonnative pest species (see ‘‘Specific of only one hurricane (1861) that hillebrandiana ssp. hillebrandiana that Nonnative Plant Species Impacts,’’ approached from the east and impacted occur on steep sea cliffs are threatened above) (Asner and Goldstein 1997, p. the islands of Maui and Hawaii by rockfalls and landslides, 1 of the 27 148; Harrington et al. 1997, pp. 539– (Businger 1998, p.3), damage from known individuals of Cyanea marksii is 540). Because many Hawaiian plant and future hurricanes could further decrease threatened by falling rocks and animal species persist in low numbers the remaining native plant-dominated landslides, and individuals of Cyanea and in restricted ranges, natural habitat areas that support the 13 plant tritomantha are threatened by treefalls disasters, such as hurricanes, can be species, and the picture-wing fly (PEPP 2007, p. 52; Bio 2011, pers. particularly devastating (Mitchell et al. proposed for listing in this rule in 9 of comm.). Field survey data presented by 2005a, pp. 3–4). the described ecosystems (coastal, Lorence and Perlman (2007, p. 359) Hurricanes affecting Hawaii were only lowland dry, lowland mesic, lowland suggest that heavy rains and subsequent rarely reported from ships in the area wet, montane dry, montane mesic, erosion threaten the only known from the 1800s until 1949. Between montane wet, dry cliff, and wet cliff). location of Cyrtandra wagneri on a 1950 and 1997, 22 hurricanes passed stream bank in the Laupahoehoe NAR. near or over the Hawaiian Islands, 5 of Habitat Destruction and Modification Since Cyrtandra wagneri is currently which caused serious damage (Businger Due to Rockfalls, Treefalls, Landslides, 1998, pp. 1–2). In November 1982, Heavy Rain, Erosion, and Drought only known from a total of eight Hurricane Iwa struck the Hawaiian Rockfalls, treefalls, landslides, heavy individuals along the steep banks of Islands, with wind gusts exceeding 100 rain, and erosion damage and destroy Kilau Stream, heavy rains and erosion mph (161 kph), causing extensive individual plants, destabilize substrates, could lead to near extirpation or even damage, especially on the islands of and alter hydrological patterns that extinction of this species by direct Niihau, Kauai, and Oahu (Businger result in changes to native plant and destruction of the individual plants, 1998, pp. 2, 6). Many forest trees were animal communities. In the open sea mechanical damage to individual plants destroyed (Perlman 1992, pp. 1–9), near Hawaii, rainfall averages 25 to 30 that could lead to their death, or which opened the canopy and in (635 to 762 mm) per year, yet the destabilization of the stream bank facilitated the invasion of nonnative islands may receive up to 15 times this habitat leading to additional erosion. plants (Kitayama and Mueller-Dombois amount in some places, caused by Two plant species, Bidens micrantha 1995, p. 671). Competition with orographic features (physical geography ssp. ctenophylla and Schiedea nonnative plants is a threat to 9 of the of mountains) (Wagner et al. 1999a, pp. hawaiiensis, and the picture-wing fly 10 ecosystems that support all 13 plant 36–44). During storms, rain may fall at (Drosophila digressa), proposed for species and the picture-wing fly 3 in (76 mm) per hour or more, and listing in this rule may also be affected (Drosophila digressa), proposed for sometimes may reach nearly 40 in by habitat loss or degradation associated listing in this rule, as described above (1,000 mm) in 24 hours, causing with droughts, which are not in ‘‘Habitat Destruction and destructive flash-flooding in streams uncommon in the Hawaiian Islands Modification by Nonnative Plants.’’ and narrow gulches (Wagner et al. (HDLNR 2009, pp. 1–6; Hawaii State Nonnative plants also compete with the 1999a, pp. 36–44). Due to the steep Civil Defense 2011, pp. 14–1–14–12; native host plants of the picture-wing topography of some areas on Hawaii U.S. National Drought Mitigation Center fly. Island where 4 of the 13 plants (NDMC) 2012—Online Archives). In addition to the habitat destruction proposed for listing in this rule remain, Between 1901 and 2011, there have and nonnative plant introduction erosion and disturbance caused by been at least 18 serious or severe resulting from hurricanes, high winds introduced ungulates exacerbates the droughts that have impacted Hawaii and intense rains from hurricanes can potential for rockfalls, treefalls, and Island, including the current drought directly kill individual picture-wing landslides, which in turn are a threat to that began in 2008 and has led to the flies to the point of decimating an entire native plants. Such events have the island’s first ever drought exceptional population (Carson 1986, p. 7; Foote potential to eliminate all individuals of designation (the highest drought level and Carson 1995, pp. 369–370). High a population, or even all populations of rating on the scale) (between March and winds can also dislodge fly larvae from a species, resulting in a greater December of 2010) (HDLNR 2009, pp. 1– their host plants, destroy host plants, likelihood of extinction due to the lack 6; Hawaii Civil Defense 2011, pp. 14–1– and expose the fly larvae to predation of redundancy and resilience of the 14–12). According to the NDMC’s by nonnative yellowjacket wasps (see species caused by their reduced drought rating system, most of the ‘‘Factor C. Disease or Predation,’’ below) numbers and geographic range. island has been rated as in severe (Carson 1986, p. 7; Foote and Carson Rockfalls, treefalls, landslides, heavy drought since 2008, with extreme 1995, p. 371). rain, and subsequent erosion are a threat drought ratings intermittently in some
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portions of the island (NDMC 2012— a reduction in availability of host plants species and other relevant Online Archives). Giambelluca et al. for the picture-wing fly (Giambelluca et considerations, such as the effects of (1991, pp. 3–4) compiled descriptive al. 1991, p. v; D’Antonio and Vitousek interactions of climate with other accounts of drought throughout the 1992, pp. 77–79; HDLNR 2009, pp. 1– variables (e.g., habitat fragmentation) Hawaiian Islands between 1860 and 6; Hawaii Civil Defense 2011, pp. 14–1– (IPCC 2007, pp. 8–14, 18–19). In our 1986, and found that 87 episodes of 14–12). Ecosystems altered by drought analyses, we use our expert judgment to drought occurred on Hawaii Island and subsequent fires are further altered weigh relevant information, including between those years, although some of by the introduction of nonnative species uncertainty, in our consideration of those episodes occurred for periods as that outcompete native species for basic various aspects of climate change. short as one month. The 2011 winter life-cycle requirements (see ‘‘Habitat weather system brought periods of Destruction and Modification by Climate change will be a particular heavy rain from Kauai to Maui; however Nonnative Plants,’’ above). To further challenge for the conservation of these systems weakened or moved away exacerbate the situation, nonnative biodiversity because the introduction from Hawaii Island, leaving the ungulate patterns may be altered as and interaction of additional stressors typically wet windward slopes of the observed on Maui, where recent may push species beyond their ability to island under moderate drought episodes of drought have driven axis survive (Lovejoy 2005, pp. 325–326). conditions (NOAA 2011—Online deer (Axis axis) farther into urban and The synergistic implications of climate Climate Data Center). The entire forested areas for food, increasing their change and habitat fragmentation are windward side of Hawaii Island is negative impacts to native vegetation the most threatening facet of climate currently in an abnormally dry state from herbivory and trampling (Waring change for biodiversity (Hannah et al. (NDMC 2011—Online Archives; NDMC 1996, in litt., p. 5; Nishibayashi 2001, in 2005, p. 4). 2012—Online Archives). litt.). Due to the recent widespread Pohakuloa Training Area (the location increase in frequency and intensity of The magnitude and intensity of the of the only known individuals of the drought on the island of Hawaii, even impacts of global climate change and plant Schiedea hawaiiensis) was rated the wettest forests on the windward side increasing temperatures on native as experiencing extreme drought during of the island may be threatened by long- Hawaiian ecosystems are unknown. the spring of 2011 (Hawaii State Civil term drought (JFSP 2009, pp. 1–12). Currently, there are no climate change Defense 2011, pp. 14–1–14–12), and in Prolonged periods of water deprivation studies that specifically address impacts 2010, as well as most of north and south caused by drought can also lead to the to the Hawaii Island ecosystems Kona. North Kona, including the direct death of the remaining discussed here or the 15 species lowland dry ecosystem that supports the individuals of the plants Schiedea proposed for listing that are associated largest occurrence of the plant Bidens hawaiiensis and Bidens micrantha ssp. with these ecosystems. Based on the micrantha ssp. ctenophylla, has been ctenophylla, and the picture-wing fly, best available information, climate experiencing conditions of extreme to possibly leading to extinction of one or change impacts could lead to the loss of severe drought over the past few years. more of these species. Drought is a native species that comprise the One of the two known extant direct threat to two of the plant species communities in which the 15 species populations of the picture-wing fly (Bidens micrantha ssp. ctenophylla and occur (Pounds et al. 1999, pp. 611–612; (Drosophila digressa) is found in the Schiedea hawaiiensis), and the picture- Still et al. 1999, p. 610; Benning et al. lowland mesic ecosystem in south wing fly (Drosophila digressa), proposed 2002, pp. 14,246–14,248; Allen et al. Kona, in an area that has also for listing in this rule, as discussed 2010, pp. 660–662; Sturrock et al. 2011, experienced extreme to severe drought above. over the past few years. Drought alters p. 144; Towsend et al. 2011, p. 15; the decay processes of the picture-wing Habitat Destruction and Modification by Warren 2011, pp. 221–226). In addition, fly’s host plants and the entire plant Climate Change weather regime changes (droughts, community on which the fly depends. Our analyses under the Act include floods) will likely result from increased Monitoring data collected in HVNP consideration of ongoing and projected annual average temperatures related to during a drought period between 1981 changes in climate. The terms ‘‘climate’’ more frequent El Nin˜ o episodes in and 1982 suggest that drought was and ‘‘climate change’’ are defined by the Hawaii (Giambelluca et al. 1991, p. v). associated with a reduction in the Intergovernmental Panel on Climate Future changes in precipitation and the number of picture-wing flies one year Change (IPCC). ‘‘Climate’’ refers to the forecast of those changes are highly following the drought (Carson 1986, pp. mean and variability of different types uncertain because they depend, in part, 4, 7). In addition, the ongoing drought of weather conditions over time, with 30 on how the El Nin˜ o-La Nin˜ a weather in south Kona has resulted in an years being a typical period for such cycle (a disruption of the ocean increasing accumulation of dead trees in measurements, although shorter or atmospheric system in the tropical the Manuka NAR, which increases the longer periods also may be used (Le Pacific having important global fuel load and threat of wildfires in the Treut et al. 2007, pp. 93–127). The term consequences for weather and climate) area where one of the two known ‘‘climate change’’ thus refers to a change might change (State of Hawaii 1998, pp. in the mean or variability of one or more occurrences of the picture-wing fly 2–10). The 15 species proposed for measures of climate (e.g., temperature or occurs (Magnacca 2011b, pers. comm.). listing may be especially vulnerable to Severe episodes of drought cannot precipitation) that persists for an only directly kill individuals of a extended period, typically decades or extinction due to anticipated species or entire populations, but longer, whether the change is due to environmental changes that may result drought frequently leads to an increase natural variability, human activity, or from global climate change, due to their in the number and intensity of forest both (Le Treut et al. 2007, pp. 93–127). small population size and highly and brush fires (see ‘‘Habitat Various types of changes in climate can restricted ranges. Environmental Degradation and Modification by Fire,’’ have direct or indirect effects on changes that may affect these species are above), causing a reduction of native species. These effects may be positive, expected to include habitat loss or plant cover and habitat, an increase in neutral, or negative and they may alteration and changes in disturbance nonnative plant and animal species, and change over time, depending on the regimes (e.g., storms and hurricanes).
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Climate Change and Ambient wildfires that also displace species and but can exceed 240 in (609.6 cm) in the Temperature alter or destroy natural ecosystems wettest mountain areas. Rainfall is The average ambient air temperature (Pounds et al. 1999, pp. 611–612; IPCC distributed unevenly across each high (at sea level) is projected to increase by AR4 2007, pp. 26–73; Marshall et al. island, and rainfall gradients are about 4.1 degrees Fahrenheit (°F) (2.3 2008, p. 273; U.S. Climate Change extreme (approximately 25 in (63.5 cm) degrees Centigrade (°C)) with a range of Science Program 2008, pp. 1–164; per mile), creating both very dry and 2.7 °F to 6.7 °F (1.5 °C to 3.7 °C) by 2100 Flannigan et al. 2009, p. 483; US–GCRP very wet areas. Global climate modeling worldwide (Trenberth et al. 2007, pp. 2009, pp. 1–188; Allen et al. 2010, pp. predicts that, by 2100, net precipitation 235–336). These changes would 660–662; Warren 2011, pp. 221–226). at sea level near the Hawaiian Islands increase the monthly average These environmental changes are will decrease in winter by about 4 to 6 temperature of the Hawaiian Islands predicted to alter species migration percent, with no significant change from the current value of 74 °F (23.3 °C) patterns, lifecycles, and ecosystem during summer (IPCC AR4 2007, pp. 1– processes such as nutrient cycles, water 73). Downscaling of global climate to between 77 °F and 86 °F (25 °C and availability, and decomposition (IPCC models indicates that wet-season 30 °C). Historically, temperature has AR4 2007, pp. 26–73; Pounds et al. (winter) precipitation will decrease by 5 been rising over the last 100 years, with 1999, pp. 611–612; Sturrock et al. 2011, percent to 10 percent, while dry-season the greatest increase after 1975 p. 144; Townsend et al. 2011, p. 15; (summer) precipitation will increase by (Alexander et al. 2006, pp. 1–22; Warren 2011, pp. 221–226). The species about 5 percent (Timm and Diaz 2009, Giambelluca et al. 2008, p. 1). The rate extinction rate is predicted to increase pp. 4,261–4,280). These data are also of increase at low elevation (0.16 °F; congruent with ambient temperature supported by a steady decline in stream 0.09 °C) per decade is below the increase (US–GCRP 2009, pp. 1–188). In flow beginning in the early 1940s (Oki observed global temperature rise of ° ° Hawaii, these environmental changes 2004, p. 1). Altered seasonal moisture 0.32 F (0.18 C) per decade (Trenberth associated with a rise in ambient regimes can have negative impacts on et al. 2007, pp. 235–336). However, at temperature can directly and indirectly plant growth cycles and overall negative high elevations, the rate of increase ° ° impact the survival of native plants and impacts on natural ecosystems (US– (0.48 F (0.27 C) per decade) greatly animals, including the 15 species GCRP 2009, pp. 1–188). Long periods of exceeds the global rate (Trenberth et al. proposed for listing in this rule, and the decline in annual precipitation result in 2007, pp. 235–336). ecosystems that support them. a reduction in moisture availability; an Overall, the daily temperature range increase in drought frequency and Climate Change and Precipitation in Hawaii is decreasing, resulting in a intensity; and a self-perpetuating cycle warmer environment, especially at As global surface temperature rises, of nonnative plants, fire, and erosion higher elevations and at night. In the the evaporation of water vapor (US–GCRP 2009, pp. 1–188; Warren main Hawaiian Islands, predicted increases, resulting in higher 2011, pp. 221–226) (see ‘‘Habitat changes associated with increases in concentrations of water vapor in the Destruction and Modification by Fire,’’ temperature include a shift in vegetation atmosphere, further resulting in altered above). These impacts may negatively zones upslope, shift in animal species’ global precipitation patterns (U.S. affect the 15 species proposed for listing ranges, changes in mean precipitation National Science and Technology in this rule and the 10 ecosystems that with unpredictable effects on local Council (US–NSTC) 2008, pp. 69–94; support them. environments, increased occurrence of US–GCRP 2009, pp. 1–188). While drought cycles, and increases in the annual global precipitation has Climate Change, and Tropical Cyclone intensity and number of hurricanes increased over the last 100 years, the Frequency and Intensity (Loope and Giambelluca 1998, pp. 514– combined effect of increases in A tropical cyclone is the generic term 515; U.S. Global Change Research evaporation and evapotranspiration is for a medium- to large-scale, low- Program (US–GCRP) 2009, pp. 1–188). causing land surface drying in some pressure storm system over tropical or In addition, weather regime changes regions leading to a greater incidence subtropical waters with organized (e.g., droughts, floods) will likely result and severity of drought (US–NSTC convection (i.e., thunderstorm activity) from increased annual average 2008, pp. 69–94; US–GCRP 2009, pp. 1– and definite cyclonic surface wind temperatures related to more frequent El 188). Over the past 100 years, the circulation (counterclockwise direction Nin˜ o episodes in Hawaii (Giambelluca Hawaiian Islands have experienced an in the Northern Hemisphere) (Holland et al. 1991, p. v). However, despite annual decline in precipitation of just 1993, pp. 1–8). In the Northeast Pacific considerable progress made by expert over 9 percent (US–NSTC 2008, p. 70). Ocean, east of the International Date scientists toward understanding the Other data on precipitation in Hawaii, Line, once a tropical cyclone reaches an impacts of climate change on many of which include sea-level precipitation intensity of winds of at least 74 mi per the processes that contribute to El Nin˜ o and the added orographic effects, show hour (33 m per second), it is considered variability, it is not possible to say a steady and significant decline of about a hurricane (Neumann 1993, pp. 1–2). whether or not El Nin˜ o activity will be 15 percent over the last 15 to 20 years Climate modeling has projected changes affected by climate change (Collins et al. (Chu and Chen 2005, p. 4,881–4,900; in tropical cyclone frequency and 2010, p. 391). Diaz et al. 2005, pp. 1–3). Exact future intensity due to global warming over the Globally, the warming atmosphere is changes in precipitation in Hawaii and next 100 to 200 years (Vecchi and Soden creating a plethora of anticipated and the forecast of those changes are 2007, pp. 1,068–1,069, Figures 2 and 3; unanticipated environmental changes uncertain because they depend, in part, Emanuel et al. 2008, p. 360, Figure 8; Yu such as melting ice caps, decline in on how the El Nin˜ o-La Nin˜ a weather et al. 2010, p. 1,371, Figure 14). The annual snow mass, sea-level rise, ocean cycle might change (State of Hawaii frequency of hurricanes generated by acidification, increase in storm 1998, pp. 2–10). tropical cyclones is projected to frequency and intensity (e.g., In the oceans around Hawaii, the decrease in the central Pacific (e.g., the hurricanes, cyclones, and tornadoes), average annual rainfall at sea level is main and Northwestern Hawaiian and altered precipitation patterns that about 25 in (63.5 cm). The orographic Islands) while storm intensity (strength) contribute to regional increases in features of the islands increase this is projected to increase by a few percent floods, heat waves, drought, and annual average to about 70 in (177.8 cm) over this period (Vecchi and Soden
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2007, pp. 1,068–1,069, Figures 2 and 3; (0.18 m to 0.6 m) (IPCC AR4 2007, p. accumulate through a process known as Emanuel et al. 2008, p. 360, Figure 8; Yu 30). When ice sheet and glacial melt are senescence (Maciolek and Brock 1974, et al. 2010, p. 1,371, Figure 14). There incorporated into models the average p. 3; Brock 2004, pp. 11, 35–36). are no climate model predictions for a estimated increase in sea level by the Conditions promoting rapid senescence change in the duration of Pacific year 2100 is approximately 3 to 4 ft (0.9 are known to include an increased tropical cyclone storm season (which to 1.2 m), with some estimates as high amount of sediment deposition, good generally runs from May through as 6.6 ft (2.0 m) to 7.8 ft (2.4 m) exposure to light, shallowness, and a November). (Rahmstorf 2007, pp. 368–370; Pfeffer et weak connection with the water table, In general, tropical cyclones with the al. 2008, p. 1,340; Fletcher 2009, p. 7; resulting in sediment and detritus intensities of hurricanes have been a US–GCRP 2009, p. 18). The species accumulating within the pool instead of rare occurrence in the Hawaiian Islands. Bidens hillebrandiana ssp. being flushed away with tidal exchanges From the 1800s until 1949, hurricanes hillebrandiana occurs within the coastal and groundwater flow (Maciolek and were only rarely reported from ships in ecosystem. Although there is no specific Brock 1974, p. 3; Brock 2004, pp. 11, the area. Between 1950 and 1997, 22 data available on how sea-level rise and 35–36). hurricanes passed near or over the coastal inundation will impact this Based upon what we know about Hawaiian Islands, 5 of which caused species, its occurrence in close healthy anchialine pool systems (Brock serious damage (Businger 1998, pp. 1– proximity to the coastline places it at 2004, pp. 11, 35–36), it is our 2). Hurricanes may cause destruction of risk of the threat of sea level rise and understanding that one or more factors native vegetation and open the native coastal inundation due to climate including increased sedimentation, may canopy, allowing for invasion by change. be synergistically degrading the health nonnative plant species that compete for In summary, increased interannual of the Lua O Palahemo pool system. space, water, and nutrients, and alter variability of ambient temperature, Sedimentation is likely reducing the basic water and nutrient cycling precipitation, hurricanes, and sea-level capacity of the pool to produce adequate processes leading to decreased growth rise and inundation would provide cyanobacteria and algae to support some and reproduction for all 13 plant species additional stresses on 9 of the 10 of the pool’s ‘herbivorous’ hypogeal in this proposed rule (see Table 3, ecosystems (all except the anchialine shrimp species. A decreased food above) (Perlman 1992, pp. 1–9; pool ecosystem) and 14 of the 15 supply (i.e., a reduction in Kitayama and Mueller-Dombois 1995, p. associated species (all except the cyanobacteria and algae) would likely 671). Hurricanes also constitute a threat anchialine pool shrimp) proposed for lead to a lower abundance of to the picture-wing fly proposed for listing in this rule because they are herbivorous hypogeal shrimp species as listing as a result of their high winds highly vulnerable to disturbance and well as a lower abundance of the known that may dislodge larvae from their host related invasion of nonnative species. carnivorous species, Metabetaeus plants, thereby increasing the likelihood The probability of a species going lohena, and possibly Vetericaris of mortality caused by lack of essential extinct as a result of such factors chaceorum, whose gut contents nutrients for proper development or increases when its range is restricted, contained fragments of other increased exposure to predators, such as habitat decreases, and population crustaceans (including Procaris nonnative yellowjacket wasps and ants, numbers decline (IPCC 2007, pp. 8–11). hawaiiana, a co-occurring anchialine and destruction of host plants (see In addition, these 14 species may be at pool shrimp), indicating that the species ‘‘Factor C. Disease or Predation,’’ a greater risk of extinction due to the may be carnivorous upon its associated below). Although there is historical loss of redundancy and resiliency anchialine pool shrimp species (see evidence of only one hurricane that created by their limited ranges, above, Description of the 15 Species approached from the east and impacted restricted habitat requirements, small Proposed for Listing). the islands of Maui and Hawaii population sizes, or low numbers of A second factor is that increased (Businger 1998, p.3), damage by future individuals. Therefore, we would expect sedimentation in Lua O Palahemo may hurricanes could further decrease the these 14 species to be particularly be overloading the capacity of the pool remaining native plant-dominated vulnerable to projected environmental and lava tube below to adequately flush habitat areas that support the 13 plant impacts that may result from changes in water to maintain the water quality species and the picture-wing fly climate and subsequent impacts to their needed to support the micro-organisms (Drosophila digressa) proposed for habitats (e.g., Loope and Giambelluca that are fed upon by several of the pool’s listing in this rule, in nine of the 1998, pp. 504–505; Pounds et al. 1999, shrimp species (e.g., Calliasmata described ecosystems (coastal, lowland pp. 611–612; Still et al. 1999, p. 610; pholidota, Halocaridina palahemo, dry, lowland mesic, lowland wet, Benning et al. 2002, pp. 14,246–14,248; Halocaridina rubra, and Procaris montane dry, montane mesic, montane Giambelluca and Luke 2007, pp. 13–18). hawaiiana) and their associated shrimp wet, dry cliff and wet cliff). Based on the above information, we predators, Antecaridina lauensis and conclude that changes in environmental Vetericaris chaceorum (Brock 2004, pp. Climate Change, and Sea-Level Rise and conditions that result from climate 10–11, 16). Coastal Inundation change are likely to negatively impact A third factor that may be On a global scale, sea level is rising 14 of the 15 species (all except the contributing to the degradation of the as a result of thermal expansion of anchialine pool shrimp) proposed for health of the Lua O Palahemo pool warming ocean water; the melting of ice listing in this rule, and exacerbate other system is that increased sedimentation sheets, glaciers, and ice caps; and the threats. This potential threat will and an inability of the pool system to addition of water from terrestrial increase in the near future. adequately flush its waters, are either systems (Climate Institute 2011, in litt.). diminishing or preventing migration Sea level rose at an average rate of 0.1 Habitat Destruction and Modification by and recolonization of the pool by the in (1.8 mm) per year between 1961 and Sedimentation hypogeal shrimp species from the 2003 (IPCC 2007, pp. 30–73), and the Anchialine pool habitats can surrounding porous watertable bedrock. predicted increase by the end of this gradually disappear when organic and In other words, this lack of porosity may century, without accounting for ice mineral deposits from aquatic be affecting the movement of shrimp to sheet flow, ranges from 0.6 ft to 2.0 ft production and wind-blown materials and from food resources, and the
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accumulating sedimentation and shrimp co-occurring with Vetericaris threats are expected to continue or detritus reduce productivity within the chaceorum) and the ability of V. increase without ungulate control or pool. This reduction in productivity chaceorum and other species of eradication. reduces the carrying capacity of the hypogeal shrimp co-occurring with V. Nonnative plants represent a serious habitat to support hypogeal shrimp like chaceorum to move between the pool and ongoing threat to 14 of the 15 Vetericaris chaceorum (Brock 2004, p. and the water table, thus leading to a species proposed for listing (all 13 plant 10). Indeed, Brock (2004, p. 16) has reduction of their numbers within the species and the picture-wing fly (see established that pool productivity and pool. The degradation of Lua O Table 3)) through habitat destruction shrimp presence are interdependent. In Palahemo by senescence from and modification, because they: (1) some cases, a pool that loses its shrimp sedimentation is a threat to the Adversely impact microhabitat by populations due, for example, to the continued existence of V. chaceorum by modifying the availability of light; (2) introduction of nonnative fish, more degrading the conditions of the only alter soil-water regimes; (3) modify quickly loses its capacity to support known anchialine pool that supports nutrient cycling processes; (4) alter fire shrimp in the future as a result of this species and by reducing available characteristics of native plant habitat, excessive buildup of algae and food resources (Brock 2004, pp. 10–11, leading to incursions of fire-tolerant cyanobacterial mats that block and 16). nonnative plant species into native impede the pool’s ability to flush and habitat; (5) outcompete, and possibly Summary of Factor A maintain necessary water quality (Brock directly inhibit the growth of, native 2004, p. 16). The threats to the habitats of the 15 plant species; and (6) create As described above, in 1985, visibility species proposed for listing in this rule opportunities for subsequential within the lava tube portion of Lua O occur throughout the entire range of establishment of nonnative vertebrates Palahemo was as great as 20 m (66 ft). each of the species. These threats and invertebrates. Each of these threats During this dive survey, Kensley and include land conversion by agriculture can convert native-dominated plant Williams (1986, p. 418) estimated that and urbanization, nonnative ungulates communities to nonnative plant other species of hypogeal shrimp co- and plants, fire, natural disasters, communities (Cuddihy and Stone 1990, occurring with Vetericaris chaceorum environmental changes resulting from p. 74; Vitousek 1992, pp. 33–35). This numbered in the tens of thousands for climate change, sedimentation, and the conversion has negative impacts on all Halocaridina sp., in the thousands for interaction of these threats. 13 plant species addressed here, as well Procaris hawaiana, and less than 100 for Development and urbanization of as the native plant species upon which Calliasmata sp. By 2010, visibility had lowland dry habitat on Hawaii Island the picture-wing fly depends for been reduced to 8 cm (3 in) within the represents a serious and ongoing threat essential life-history needs. pool itself, and underwater video taken to Bidens micrantha ssp. ctenophylla The threat from fire to 4 of the 15 during the survey shows continuous because of loss and degradation of species in this proposed rule that clouds of thick sediment and detritus habitat. depend on lowland dry, lowland mesic, within the water column below the The effects from ungulates are serious lowland wet, montane dry, and montane pool. During this survey, only one P. and ongoing because ungulates mesic ecosystems (the plants Bidens hawaiiana individual was trapped, and currently occur in all of the 10 micrantha ssp. ctenophylla, Phyllostegia seven others were observed in the video ecosystems that support the 15 species floribunda, and Schiedea hawaiiensis, footage. No other species of shrimp, proposed for listing in this rule. and the picture-wing fly; see Table 3) is including V. chaceorum, were observed Ungulates are a direct threat to the 13 serious and ongoing because fire during the 2010 survey (Wada 2010, in plant species, the anchialine pool damages and destroys native vegetation, litt.). Kensley and Williams (1986, p. shrimp (Vetericaris chaceorum), and the including dormant seeds, seedlings, and 426) reported fragments of crustaceans, picture-wing fly (Drosophila digressa) juvenile and adult plants. Many including P. hawaiiana, in gut contents proposed for listing in this rule (see nonnative, invasive plants, particularly of V. chaceorum. While P. hawaiiana Table 3), because they cause: (1) fire-tolerant grasses, outcompete native occurs in other anchialine pool habitats Trampling and grazing that directly plants and inhibit their regeneration on Hawaii Island and Maui, V. impact the plant communities, (D’Antonio and Vitousek 1992, pp. 70, chaceorum is currently only known including the plant species proposed for 73–74; Tunison et al. 2002, p. 122). from Lua O Palahemo. A reduction in listing, and impact the host plants used Successive fires that burn farther and the abundance of P. hawaiiana may by the picture-wing fly for shelter, farther into native habitat destroy native indicate a loss of food resources for V. foraging, and reproduction; (2) plants and remove habitat for native chaceorum, although further research is increased soil disturbance, leading to species by altering microclimatic needed to confirm this. mechanical damage to individuals of the conditions and creating conditions During the 2010 survey, it was plant species proposed for listing, and favorable to alien plants. The threat discovered that a possible partial also plants used by the picture-wing fly from fire is unpredictable but increasing collapse of the interior rock walls of Lua for shelter, foraging, and reproduction; in frequency in ecosystems that have O Palahemo pool may have occurred (3) creation of open, disturbed areas been invaded by nonnative fire-prone and caused the difficulty experienced conducive to weedy plant invasion and grasses, and that are experiencing by the survey team to bodily survey to establishment of alien plants from abnormally dry to severe drought any depth below the pool’s surface dispersed fruits and seeds, which conditions. (Wada 2010, in litt.). This collapse may results over time in the conversion of a Natural disasters such as hurricanes also be contributing to reduced flushing community dominated by native are a threat to native Hawaiian in the pool portion of Lua O Palahemo, vegetation to one dominated by terrestrial habitat including 9 of the 10 leading to an accumulation of sediment nonnative vegetation (leading to all of ecosystems (all except the anchialine and detritus in the pool. This the negative impacts associated with pool ecosystem) addressed here, and the accumulation of sediment could nonnative plants, listed below); and (4) 13 plant species identified in this rule, certainly reduce both food productivity increased erosion, followed by because they result in direct impacts to (i.e., reduce the abundance and sedimentation affecting the anchialine ecosystems and individual plants by availability of other species of hypogeal pool habitat of V. chaceorum. These opening the forest canopy, modifying
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available light, and creating disturbed climate change on the 15 species are of the most widely cultivated areas that are conducive to invasion by presently unknown, and we are not able ornamental palm genera in the world nonnative pest plants (Asner and to determine the extent of this possible (Maunder et al. 2001 in Chapin et al. Goldstein 1997, p. 148; Harrington et al. threat with confidence. 2004, p. 278). There is an international 1997, pp. 346–347). In addition, Erosion and resulting sedimentation trade in Pritchardia seeds and seedlings hurricanes threaten the picture-wing fly of the Lua O Palahemo pool system is that has created a market in which species proposed for listing in this rule a threat to the anchialine pool shrimp individual Pritchardia seeds sell for 5 to because strong winds and intense (Vetericaris chaceorum). The 35 dollars each (Chapin et al. 2004, p. rainfall can kill individual host plants, sedimentation of the pool may also 278; Clark 2010, in litt.; and can dislodge individual flies and change the water chemistry (i.e., salinity rarepalmseeds.com). Most seeds sold are their larvae from their host plants and and dissolved oxygen) of the pool and cultivated; however, wild collection of deposit them on the ground where they the ability of the pool to support some ‘‘highly-threatened’’ species does may be crushed by falling debris or hypogeal anchialine pool shrimp such occur (Chapin et al. 2004, p. 278). There eaten by nonnative wasps and ants. The as V. chaceorum, although further are over a dozen internet Web sites that impacts of hurricanes and other research is needed. Accumulation of offer Hawaiian Pritchardia plants and stochastic natural events can be sediment and detritus reduces the seeds for sale, including Pritchardia particularly devastating to 14 of the abundance of food resources, such as P. lanigera (e.g., eBay.com; google.com). species (all except the anchialine pool hawaiana and other co-occurring Based on the history of collection of shrimp) proposed for listing because, as hypogeal shrimp, for V. chaceorum, endemic Hawaiian Pritchardia plants a result of other threats, they now although further research is needed to and seeds, the market for Hawaiian persist in low numbers or occur in confirm this. In addition, sedimentation Pritchardia plants and seeds, and the restricted ranges and are therefore less degrades the conditions of the only vulnerability of the small populations of resilient to such disturbances, rendering anchialine pool known to support V. Pritchardia lanigera to the negative them highly vulnerable to extirpation. chaceorum. impacts of any collection, we consider Furthermore, a particularly destructive Factor B. Overutilization for overcollection of Pritchardia lanigera to hurricane holds the potential of driving Commercial, Recreational, Scientific or pose a serious and ongoing threat, a localized endemic species to Educational Purposes because it can occur at any time, extinction in a single event. Hurricanes although its occurrence is not pose an ongoing and ever-present threat The plant species Pritchardia lanigera predictable. because they are unpredictable and can is threatened by overcollection for Anchialine Pool Shrimp happen at any time. commercial and recreational purposes Rockfalls, treefalls, landsides, heavy (Hillebrand 1888, pp. 21–27; Chapin et While we are aware of only one rain, and erosion are a threat to four of al. 2004, pp. 273, 278). We are aware collection of the anchialine pool shrimp the species proposed for listing (the that some species of Hawaiian Vetericaris chaceorum for scientific and plants Bidens hillebrandiana ssp. anchialine pool shrimp are sold and educational purposes (Kensley and hillebrandiana, Cyanea marksii, Cyanea purchased on the Internet; however we Williams, 1986, pp. 419–429), there is tritomantha, and Cyrtandra wagneri; see do not believe that the proposed no information available that indicates Table 3) by destabilizing substrates, anchialine pool shrimp is threatened by this species has ever been collected for damaging and destroying individual overcollection for commercial or commercial or recreational purposes. plants, and altering hydrological recreational purposes due to the Other Hawaiian anchialine pool shrimp patterns, which result in habitat remoteness of its currently known (e.g., opaeula (Halocaridina rubra)) and destruction or modification and changes location and difficulty of accessing this the candidate species Metabetaeus to native plant and animal communities. species within the deeper lava tube lohena (NCN) are collected for the Drought threatens two plant species portions of the Lua O Palahemo aquarium market (e.g., Fuku- (Bidens micrantha ssp. ctenophylla and anchialine pool. We are not aware of Bonsai.com; ecosaqua.com; eBay.com; Schiedea hawaiiensis) and the picture- any threats to the remaining 12 plant and, seahorse.com), including self- wing fly (Drosophila digressa) by the species or the picture-wing fly contained aquariums similar to those loss or degradation of habitat due to addressed in this proposed rule that marketed by Ecosphere Associates, Inc. death of individual native plants and would be attributed to overutilization (Ecosphere Associates 2011, p. 1). Two host tree species, as well as an increase for commercial, recreational, scientific of these companies are located in in forest and brush fires. These threats or educational purposes. Hawaii (FukuBonsai and Stockly’s are serious and unpredictable, and have Aquariums of Hawaii). However, we Pritchardia lanigera the potential to occur at any time. believe the anchialine pool shrimp Changes in environmental conditions The genus Pritchardia has 28 known proposed for listing in this rule is not that may result from global climate species, 14 of which are endemic to the likely to be among those species change include increasing temperatures, Hawaiian Islands, and its range is collected for commercial or recreational decreasing precipitation, increasing restricted to the Pacific archipelagos of purposes given the species’ limited storm intensities, and sea-level rise and Hawaii, Fiji, the Cook Islands, Tonga, distribution and generally inaccessible coastal inundation. The consequent and Tuamotus (Chapin et al. 2004, p. habitat. Therefore, we do not consider impacts on the 15 species proposed for 273). Pritchardia palms have been overcollection to pose a threat to listing here are related to changes in valued as collectibles for centuries Vetericaris chaceorum. microclimatic conditions in their (Hillebrand 1888, pp. 21–27; Chapin et habitats. These changes may lead to the al. 2004, pp. 273, 278). In 1888, botanist Summary of Overcollection for loss of native species due to direct Wilhelm Hillebrand noted that, ‘‘* * * Commercial, Recreational, Scientific, or physiological stress, the loss or one species of Pritchardia in Nuuanu, Educational Purposes alteration of habitat, or changes in * * * was completely exterminated We have no evidence to suggest that disturbance regimes (e.g., droughts, fire, when natives found that the trees were overutilization for commercial, storms, and hurricanes). However, the saleable to amateurs of gardening in recreational, scientific, or educational specific and cumulative effects of Honolulu.’’ Pritchardia has become one purposes poses a threat to 12 of the 13
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plant species, the picture-wing fly, or plants (this information is also delicate and rare species of orchids, the anchialine pool shrimp proposed for presented in Table 3): Bidens ferns, mints, lobeliads, and other taxa, listing in this rule. The plant species hillebrandiana ssp. hillebrandiana (pigs including roots, tubers and rhizomes Pritchardia lanigera is vulnerable to the and goats), B. micrantha ssp. (Stone and Anderson 1988, p. 137). impacts of overutilization due to ctenophylla (pigs and goats), Cyanea In addition, there are direct collection for trade or market. Based on marksii (pigs, cattle, and mouflon), observations of pig herbivory, on either the history of collection of endemic Cyanea tritomantha (pigs and cattle), the fresh seedlings, fruits, seeds, or Hawaiian Pritchardia spp., the market Cyrtandra nanawaleensis (pigs), leaves, on each of the 13 plant species for Hawaiian Pritchardia trees and Cyrtandra wagneri (pigs), Phyllostegia proposed for listing in this rule, seeds, and the inherent vulnerability of floribunda (pigs), Pittosporum including Bidens hillebrandiana ssp. the small populations of Pritcharidia hawaiiense (pigs, cattle, and mouflon), hillebrandiana (Bio 2011, pers. comm.), lanigera to the removal of individuals Platydesma remyi (pigs), Pritchardia B. micrantha ssp. ctenophylla (Bio 2011, (seeds), we consider collection to pose lanigera (pigs, goats, and mouflon), pers. comm.), Cyanea marksii (PEPP a serious and ongoing threat to this Schiedea diffusa ssp. macraei (pigs and 2010, p. 52; Bio 2011, pers. comm.), species. cattle), Schiedea hawaiiensis (pigs, Cyanea tritomantha (HBMP 2010f; PEPP goats, sheep, and mouflon), and 2010, p. 60), Cyrtandra nanawaleensis Factor C. Disease or Predation Stenogyne cranwelliae (pigs). In (Bio 2011, pers. comm.), Cyrtandra Disease addition, introduced ungulates are a wagneri (Lorence and Perlman 2007, p. threat to the picture-wing fly proposed 359; PEPP 2010, p. 63), Phyllostegia We are not aware of any threats to the floribunda (Perlman and Wood 1993— 13 plant species, anchialine pool for listing by grazing and browsing individuals of its host plant, Hawaii Plant Conservation Maps shrimp, or picture-wing fly, proposed database; Perry 2006, in litt.; Pratt for listing in this rule that would be Charpentiera spp. (pigs, goats, cattle, and mouflon). 2007b, in litt.; USFWS 2010, p. 4–66), attributable to disease. Pittosporum hawaiiense (Bio 2011, pers. We have direct evidence of ungulate comm.), Platydesma remyi (PEPP 2008, Predation and Herbivory damage to some of these species, but for p. 107), Pritchardia lanigera (Wood many, due to their remote locations or Hawaii’s plants and animals evolved 1995, in litt.; HBMP 2010c), Schiedea lack of study, ungulate damage is in nearly complete isolation from diffusa ssp. macraei (Wagner et al. continental influences. Successful presumed based on the known presence 2005d, p. 32), Schiedea hawaiiensis colonization of these remote volcanic of these introduced ungulates in the (Mitchell et al. 2005a; Wagner et al. islands was infrequent, and many areas where these species occur and the 2005d, p. 32; Bio 2011, pers. comm.), organisms never succeeded in results of studies conducted in Hawaii and Stenogyne cranwelliae (HBMP establishing populations. As an and elsewhere (Diong 1982, p. 160). 2010k). According to Magnacca et al. example, Hawaii lacks any native ants Magnacca et al. (2008, p. 32) and others (2008, p. 32) several of the host plants or conifers, has very few families of (Maui Forest Bird Recovery Project of Hawaiian picture-wing flies, birds, and has only a single native land 2011, in litt.) found that native plant including the host plant of the picture- mammal—a bat (Loope 1998, p. 748). In species such as the Hawaiian lobelioids wing fly (i.e., Charpentiera sp.) the absence of any grazing or browsing (e.g., Cyanea spp.) and plants in the proposed in this rule, are susceptible to mammals, plants that became African violet family (e.g., Cyrtandra damage from feral ungulates such as established did not need mechanical or spp.) are particularly vulnerable to pig pigs. As pigs occur in 9 of the 10 chemical defenses against mammalian disturbance. In a study conducted by ecosystems (coastal, lowland dry, herbivory such as thorns, prickles, and Diong (1982, p. 160) on Maui, feral pigs lowland mesic, lowland wet, montane production of toxins. As the were observed browsing on young dry, montane mesic, montane wet, dry evolutionary pressure to either produce shoots, leaves, and fronds of a wide cliff, and wet cliff) on Hawaii Island, the or maintain such defenses was lacking, variety of plants, of which over 75 results of the studies described above Hawaiian plants either lost or never percent were endemic species. A suggest that pigs can also alter these developed these adaptations (Carlquist stomach content analysis in this study ecosystems and directly damage or 1980, p. 173). Likewise, native Hawaiian showed that 60 percent of the pigs’ food destroy native plants. birds and insects experienced no source consisted of the endemic Feral goats thrive on a variety of food evolutionary pressure to develop anti- Cibotium (hapuu, tree fern). Pigs were plants, and are instrumental in the predator mechanisms against mammals observed to fell plants and remove the decline of native vegetation in many or invertebrates that were not bark from native plant species within areas (Cuddihy and Stone 1990, p. 64). historically present on the island. The the genera Cibotium, Clermontia, Feral goats trample roots and seedlings, native flora and fauna of the islands are Coprosma, Hedyotis, Psychotria, and cause erosion, and promote the invasion thus particularly vulnerable to the Scaevola, resulting in larger trees being of alien plants. They are able to forage impacts of introduced nonnative killed over a few months of repeated in extremely rugged terrain and have a species, as discussed below. feeding (Diong 1982, p. 144). Beach high reproductive capacity (Clarke and (1997, pp. 3–4) found that feral pigs in Cuddihy 1980, p. C–20; van Riper and Introduced Ungulates Texas spread disease and parasites, and van Riper 1982, pp. 34–35; Tomich In addition to the habitat impacts their rooting and wallowing behavior 1986, pp. 153–156; Cuddihy and Stone discussed above (see ‘‘Habitat led to spoilage of watering holes and 1990, p. 64). Goats were observed to Destruction and Modification by loss of soil through leaching and browse on native plant species in the Introduced Ungulates’’ under Factor A. erosion. Rooting activities also following genera: Argyroxiphium, The Present or Threatened Destruction, decreased the survivability of some Canavalia, Plantago, Schiedea, and Modification, or Curtailment of Its plant species through disruption at root Stenogyne (Cuddihy and Stone 1990, p. Habitat or Range), introduced ungulates level of mature plants and seedlings 64). A study on the island of Hawaii and their resulting impacts are a threat (Beach 1997, pp. 3–4; Anderson et al. demonstrated that Acacia koa seedlings to the 13 plant species in this proposal 2007, pp. 2–3). In Hawaii, pigs dig up are unable to survive due to browsing by grazing and browsing individual forest ground cover consisting of and grazing by goats (Spatz and
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Mueller-Dombois 1973, p. 874). If goats dry, montane mesic, montane wet, dry al. 2005d, pp. 31–32) and feral cattle are maintained at constantly high cliff, and wet cliff) on Hawaii Island, the still occur in the Kohala Mountains, the numbers, mature A. koa trees will results of the studies described above location of the only known individual of eventually die, and with them the root suggest that goats can also alter these this species. Between 1987 and 1994, systems that support suckers and ecosystems and directly damage or populations of Schiedea salicaria on vegetative reproduction. One study destroy native plants. West Maui were grazed so extensively demonstrated a positive height-growth Four of the plant species proposed for by cattle, all of the individuals of this response of A. koa suckers to the 3-year listing in this rule (Cyanea marksii, C. species in accessible areas disappeared exclusion of goats (1968–1971) inside a tritomantha, Pittosporum hawaiiense, by 1994 (Wagner et al. 2005d, p. 32). fenced area, whereas suckers were and Schiedea diffusa ssp. macraei), and Cattle are also known to browse the host similarly abundant but very small the host plant of the picture-wing fly plant of the proposed picture-wing fly outside of the fenced area (Spatz and (Charpentiera sp.), are impacted by (Charpentiera spp.) (Magnacca et al. Mueller-Dombois 1973, p. 873). Another browsing and grazing by feral cattle. 2008, p. 32; Magnacca 2011b, pers. study at Puuwaawaa demonstrated that Cattle, either feral or domestic, are comm.). As feral cattle occur in five of prior to management actions in 1985, considered one of the most significant the described ecosystems (anchialine regeneration of endemic shrubs and factors in the destruction of Hawaiian pool, lowland mesic, lowland wet, trees in the goat-grazed area was almost forests (Baldwin and Fagerlund 1943, montane mesic, and montane wet) on totally lacking, contributing to the pp. 118–122). Captain George Hawaii Island, the results of the studies invasion of the forest understory by Vancouver of the British Royal Navy is described above suggest that feral cattle exotic grasses and weeds. After the attributed with introducing cattle to the can also alter these ecosystems and removal of grazing animals in 1985, A. Hawaiian Islands in 1793 (Fischer 2007, directly damage or destroy native koa and Metrosideros spp. seedlings p. 350), by way of a gift to King plants. were observed germinating by the Kamehameha I on the island of Hawaii. Feral sheep browse and trample thousands (HDOFAW 2002, p. 52). Over time, cattle became established on native vegetation and have decimated Based on a comparison of fenced and all of the main Hawaiian Islands, and large areas of native forest and unfenced areas, it is clear that goats can historically feral cattle were found on shrubland (Tomich 1986, pp. 156–163; devastate native ecosystems (Loope et the islands of Kauai, Oahu, Molokai, Cuddihy and Stone 1990, p. 65–66). al. 1988, p. 277). Maui, Kahoolawe, and Hawaii. Large areas of Hawaii Island have been Currently, feral cattle are found only on devastated by sheep. For example, Goats seek out seedlings and juveniles Maui and Hawaii, typically in accessible sheep browsing reduced seedling of Bidens spp. (Bio 2011, pers. comm.), forests and certain coastal and lowland establishment of Sophora chrysophylla and are known to indiscriminately graze leeward habitats (Tomich 1986, pp. (mamane) so severely that it resulted in on and eat the seeds of native Hawaiian 140–144). a reduction of the tree line elevation on Pritchardia species (Chapin et al. 2004, In HVNP, Cuddihy reported that there Mauna Kea (Warner 1960 in Juvik and p. 274; Chapin et al. 2007, p. 20). The were twice as many native plant species Juvik 1984, pp. 191–202). Currently two known occurrences of the plant as nonnatives found in areas that had there is a large sheep-mouflon sheep Pritchardia lanigera are found in an been fenced to exclude feral cattle, hybrid population (see ‘‘Habitat unfenced area of the Kohala Mountains, whereas on the adjacent, nonfenced Destruction and Modification by where they are impacted by browsing cattle ranch, there were twice as many Introduced Ungulates’’ above) on Mauna and grazing by goats and other nonnative plant species as natives Kea that extends into the saddle and ungulates (Warshauer et al. 2009, pp. (Cuddihy 1984, pp. 16, 34). Skolmen northern part of Mauna Loa, and there 10, 24; Laws et al. 2010, in litt.). and Fujii (1980, pp. 301–310) found that are reports that these animals are Schiedea spp. are favored by grazing Acacia koa seedlings were able to destroying endangered plants (Hess goats, and goat browsing threatens the reestablish in a moist A. koa– 2008, p. 1). There are direct only known population of the plant Metrosideros polymorpha forest on observations of feral sheep herbivory on species Schiedea hawaiiensis (Wagner Hawaii Island after the area was fenced individuals of the only known et al. 2005d, p. 32; Chynoweth et al. to exclude feral cattle (Skolmen and occurrence of the plant species 2011, in litt.). In addition, there are Fujii 1980, pp. 301–310). Cattle eat Schiedea hawaiiensis at PTA (Mitchell direct observations of goat herbivory, on native vegetation, trample roots and et al. 2005a; U.S. Army Garrison 2006, either the fresh seedlings, fruit, seeds, or seedlings, cause erosion, create p. 34). As feral sheep occur in one of the leaves, of four of the plant species disturbed areas conducive to invasion described ecosystems (montane dry) on proposed for listing in this rule, by nonnative plants, and spread seeds of Hawaii Island, the results of the studies including Bidens hillebrandiana ssp. nonnative plants in their feces and on described above suggest that sheep can hillebrandiana (Bio 2011, pers. comm.), their bodies. Cattle have been observed also alter this ecosystem and directly B. micrantha ssp. ctenophylla (Bio 2011, accessing native plants in Hakalau NWR damage or destroy native plants. pers. comm.; Knoche 2011, in litt.), by breaking down ungulate exclosure Mouflon sheep graze native Pritchardia lanigera (Wood 1995, in fences (Tummons 2011, p. 4). In vegetation, trample undergrowth, spread litt.; Chapin et al. 2004, p. 274), and addition, there are direct observations of weeds, and cause erosion. On the island Schiedea hawaiiensis (Mitchell et al. cattle herbivory on three of the plant of Hawaii, mouflon sheep browsing led 2005a). According to Magnacca et al. species proposed in this rule, including to the decline in the largest population (2008, p. 32) several of the host plants Cyanea marksii (PEPP 2010, p. 52), C. of the endangered Argyroxiphium of Hawaiian picture-wing flies, tritomantha (PEPP 2010, p. 60), and kauense (kau silversword, Mauna Loa including the host plant of the picture- Pittosporum hawaiiense (Bio 2011, pers. silversword or ahinahina) located on the wing fly (i.e., Charpentiera sp.) comm.). In addition, although we have former Kahuku Ranch, reducing it from proposed in this rule, are susceptible to no direct observations, we also consider a ‘‘magnificent population of several damage from feral ungulates such as the plant Schiedea diffusa ssp. macraei thousand’’ (Degener et al. 1976, pp. goats. As goats occur in nine of the to be susceptible to herbivory by cattle 173–174) to fewer than 2,000 ecosystems (coastal, lowland dry, because cattle are reported to favor individuals (unpublished data in Powell lowland mesic, lowland wet, montane plants in the genus Schiedea (Wagner et 1992, in litt., p. 312) over a period of 10
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years (1974–1984). The native tree 1898, Lanai in 1920, and Maui in 1959, the endangered Gardenia brighamii Sophora chrysophylla is also a preferred and between 2010 and 2011, (nau) (Mehrhoff 1993, p. 11). Swedberg browse species for mouflon. According unauthorized releases occurred on and Walker (1978, cited in Anderson to Scowcroft and Sakai (1983, p. 495), Hawaii Island (Hess 2008, p. 2; Kessler 2003, pp. 124–125) reported that in the mouflon eat the shoots, leaves, flowers 2011, in litt.; Aila 2012a, in litt.). This upper forests of Lanai, the native plants and bark of this species. Bark stripping new introduction to Hawaii Island Osteomeles anthyllidifolia (ulei) and on the thin bark of a young tree is raises a significant concern due to the Leptecophylla tameiameiae (pukiawe) potentially lethal. Mouflon are also reported damage axis deer cause on the comprised more than 30 percent of axis reported to strip bark from Acacia koa island of Maui (see Factor A. The deer rumen volume. On Molokai trees (Hess 2008, p. 3) and to seek out Present or Threatened Destruction, browsing by axis deer has been reported the threatened plant Silene hawaiiensis Modification, or Curtailment of Its on Erythrina sandwicensis and (Benitez et al. 2008, p. 57). In the Habitat or Range above). Most of the Nototrichium sandwicense (kului) Kahuku section of HVNP, mouflon available information on axis deer in the (Medeiros et al. 1996, pp. 11, 19). Other jumped the park boundary fence and Hawaiian Islands concerns observations native plant species consumed by axis reduced one population of S. and reports from the island of Maui. On hawaiiensis to half its original size over Maui, axis deer were introduced by the deer include Achyranthes splendens a 3-year period (Belfield and Pratt 2002, State as a game animal, but their (NCN), Bidens campylotheca ssp. p. 8). Other native species browsed by numbers have steadily increased, pentamera (kookoolau) and B. mouflon include Geranium cuneatum especially in recent years on Haleakala campylotheca ssp. waihoiensis ssp. cuneatum (hinahina, silver (Luna 2003, p. 44). During the 4-year El (kookoolau), Chamaesyce celastroides geranium), G. cuneatum ssp. Nin˜ o drought from 1998 through 2001, var. lorifolia (akoko), Diospyros hypoleucum (hinahina, silver Maui experienced an 80 to 90 percent sandwicensis (lama), Geranium geranium), and Sanicula sandwicensis decline in shrub and vine species multiflorum (nohoanu; an endangered (NCN) (Benitez et al. 2008, pp. 59, 61). caused by deer browsing and girdling of species), Lipochaeta rockii var. dissecta On Lanai, mouflon were once cited as young saplings. High mortality of rare (nehe), Osmanthus sandwicensis one of the greatest threats to the and native plant species was observed (ulupua), Panicum torridum endangered Gardenia brighamii (Medeiros 2010, pers. comm.). Axis deer (kakonakona), and Santalum ellipticum (Mehrhoff 1993, p. 11), although fencing consume progressively less palatable (laau ala) (Anderson 2002, poster; has now proven to be an effective plants until no edible vegetation is left Perlman 2009, in litt., pp. 4–5). As mechanism against mouflon herbivory (Hess 2008, p. 3). Axis deer are highly demonstrated on the Islands of Lanai, on this plant (Mehrhoff 1993, pp. 22– adaptable to changing conditions, and Maui, and Molokai, axis deer will 23). Due to their high agility and are characterized as ‘‘plastic’’ (meaning spread into nine of the described reproductive rates, mouflon sheep have flexible in their behavior) by Ables the potential to occupy most ecosystems ecosystems (coastal, lowland dry, (1977, cited in Anderson 1999, p. 5). lowland mesic, lowland wet, montane found on Hawaii Island, from sea-level They exhibit a high degree of to very high elevations (Hess 2010, pers. dry, montane mesic, montane wet, dry opportunism regarding their choice of cliff, and wet cliff) on Hawaii Island if comm.; Ikagawa 2011, in litt.). Further, forage (Dinerstein 1987, cited in Ovis spp. are known throughout the not controlled. The newly established Anderson 1999, p. 5) and can be found axis deer partnership (see Factor A. The world for chewing vegetation right in all but the highest elevation Present or Threatened Destruction, down to the dirt (Ikagawa 2011, in litt.). ecosystems (subalpine and alpine) and Recent research by Ikagawa (2011, in Modification, or Curtailment of Its montane bogs, according to Medeiros litt.) suggests that the plant species (2010, pers. comm.). Habitat or Range, above) is currently Pritchardia lanigera occurs within the implementing an axis deer response and Axis deer on Maui follow a cycle of observed range of mouflon, and is removal plan, and just recently reported grazing and browsing in open lowland potentially impacted by mouflon their first confirmed removal on April grasslands during the rainy season browsing. In addition, there are direct 11, 2012 (Osher 2012, in litt.). In observations or reports that mouflon (November–March) and then migrate to the lava flows of montane mesic forests addition, there is a proposed revision to sheep browsing and grazing HRS 91 (see Factor A. The Present or significantly impact the plant species during the dry summer months to graze and browse native plants (Medeiros Threatened Destruction, Modification, Cyanea marksii, Pittosporum or Curtailment of Its Habitat or Range hawaiiense, and Schiedea hawaiiensis 2010, pers. comm.). Axis deer are and Factor D. The Inadequacy of (Bio 2011, pers. comm.; Pratt 2011e, in known to favor the native plants litt.), which are proposed for listing. The Abutilon menziesii (an endangered Existing Regulatory Mechanisms) that host plant (Charpentiera spp.) for the species), Erythrina sandwicensis would address the gap in the current picture-wing fly species appears to be (wiliwili), and Sida fallax (ilima) emergency rules authority and expand decreasing throughout its range due to (Medeiros 2010, pers. comm.). During the ability of State agencies to adopt impacts from mouflon browsing the driest months of summer (July and emergency rules to include situations (Science Panel 2005, pp. 1–23; August), axis deer can even be found that impose imminent threats to natural Magnacca 2011b, pers. comm.). As along Maui’s coastal roads as they resources (i.e., axis deer on Hawaii mouflon occur in five of the described search for food. Hunting pressure also Island). The results from the studies ecosystems (lowland wet, lowland appears to drive the deer into native above, combined with direct mesic, montane dry, montane mesic, forests, particularly the lower rainforests observations from field biologists, and montane wet) on Hawaii Island, the up to 4,000 to 5,000 ft (1,220 and 1,525 suggest that grazing and browsing by results of the studies described above m) in elevation (Medeiros 2010, pers. axis deer can impose negative impacts suggest that mouflon sheep can also comm.), and according to Kessler and to the nine ecosystems above and their alter these ecosystems and directly Hess (2010, pers. comms.) axis deer can associated native plants should this damage or destroy native plants. be found up to 9,000 ft (2,743 m) nonnative ungulate increase in numbers Axis deer were introduced as a game elevation. On Lanai, grazing by axis deer and range on Hawaii Island. animal to Molokai in 1868, Oahu by has been reported as a major threat to
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Other Introduced Vertebrates 67–69). Plants with fleshy fruits are Oahu, slugs have been reported to Rats particularly susceptible to rat predation, destroy Cyanea calycina and Cyrtandra including some of the species proposed kaulantha in the wild, and have been There are three species of introduced for listing here. For example, the fruits observed eating leaves and fruit of wild rats in the Hawaiian Islands. Studies of of plants in the bellflower family (e.g., and cultivated individuals of Cyanea Polynesian rat (Rattus exulans) DNA Cyanea spp.) appear to be a target of rat (Mehrhoff 1995, in litt.; Pratt and Abbott suggest they first appeared in the predation (Cuddihy and Stone 1990, pp. 1997, p. 13; U.S. Army Garrison 2006, Hawaiian Islands along with emigrants 67–69). In addition to both species of pp. 3–34, 3–51). In addition, slugs have from the Marquesas about 400 A.D., Cyanea (Cyanea marksii and Cyanea damaged individuals of other Cyanea with a second interaction around 1100 tritomantha), nine other species of and Cyrtandra species in the wild A.D (Ziegler 2002, p. 315). The black rat plants proposed for listing are (Wood et al. 2001, p. 3; Sailer and Keir (R. rattus) and the Norway rat (R. significantly impacted by rat predation, 2002, in litt., p. 3; PEPP 2007, p. 38; norvegicus) most likely arrived in the including Bidens hillebrandiana ssp. PEPP 2008, pp. 23, 49, 52–53, 57). Hawaiian Islands more recently, as hillebrandiana, B. micrantha ssp. Little is known about predation of stowaways on ships sometime in the ctenophylla (Bio 2011, pers. comm.), certain rare plants by slugs; however, late 19th century (Atkinson and Cyrtandra nanawaleensis, Cyrtandra information in the U.S. Army’s 2005 Atkinson 2000, p. 25). The Polynesian wagneri (Lorence and Perlman 2007, pp. ‘‘Status Report for the Makua rat and the black rat are primarily found 357–361; Bio 2011, pers. comm.), Implementation Plan’’ indicates that in the wild, in dry to wet habitats, while Pittosporum hawaiiense, Pritchardia slugs can be a threat to all species of the Norway rat is typically found in lanigera, Schiedea diffusa ssp. macraei, Cyanea (U.S. Army Garrison 2006, p. 3– manmade habitats such as urban areas Schiedea hawaiiensis, and Stenogyne 51). Research investigating slug or agricultural fields (Tomich 1986, p. cranwelliae (Cuddihy and Stone 1990, herbivory and control methods shows 41). The black rat is widely distributed pp. 67–69; Gon III and Tierney 1996, in that slug impacts on seedlings of Cyanea among the main Hawaiian Islands and litt.; Bio 2008, in litt.; Pratt 2008b, in spp. results in up to 80 percent seedling can be found in a broad range of litt.; Bio 2010, pers. comm.; HBMP mortality (U.S. Army Garrison 2006, p. ecosystems up to 9,744 ft (2,970 m), but 2010c; HBMP 2010f; HBMP 2010j; 3–51). Slug damage has also been it is most common at low-to mid- HBMP 2010k; PEPP 2010, pp. 101, 113; reported on other Hawaiian plants elevations (Tomich 1986, pp. 38–40). Pratt 2011f, in litt.). As rats occur in including Argyroxiphium grayanum While Sugihara (1997, p. 194) found (greensword), Alsinidendron sp., both the black and Polynesian rats up to nine of the described ecosystems (coastal, lowland dry, lowland mesic, Hibiscus sp., Schiedea kaalae 6,972 ft (2,125 m) elevation on Maui, the (maolioli), Solanum sandwicense Norway rat was not seen at the higher lowland wet, montane dry, montane mesic, montane wet, dry cliff, and wet (popolo aiakeakua), and Urera sp. elevations in his study. Rats occur in (Gagne 1983, p. 190–191; Sailer 2002 nine of the described ecosystems cliff) on Hawaii Island, the results from the above studies, in addition to direct cited in Joe 2006, pp. 28–34). (coastal, lowland dry, lowland mesic, Joe and Daehler (2008, p. 252) found observations from field biologists, lowland wet, montane dry, montane that native Hawaiian plants are more suggest that rats can directly damage or mesic, montane wet, dry cliff, and wet vulnerable to slug damage than destroy native plants. cliff), and predation by rats threatens 11 nonnative plants. In particular, they of the 13 plant species proposed for Nonnative Fish found that the individuals of the listing in this rule (rats are not a endangered plant Cyanea superba and reported threat to the proposed picture- In Hawaii, the introduction of nonnative fish, including bait-fish, into the plant Schiedea obovata had 50 wing fly or anchialine pool shrimp (see percent higher mortality when exposed anchialine pools may have been a major Table 3)). to slugs when compared to individuals contributor to the decline of native Rats impact native plants by eating of the same species that were protected shrimp. Predation by, and competition fleshy fruits, seeds, flowers, stems, within slug exclosures. Slug damage has with, introduced nonnative fish is leaves, roots, and other plant parts been documented on the plant considered the greatest threat to native (Atkinson and Atkinson 2000, p. 23), Stenogyne cranwelliae (HBMP 2010k). shrimp within anchialine pool and can seriously affect regeneration. As slugs are found in three of the ecosystems (Bailey-Brock and Brock Research on rats in forests in New described ecosystems (lowland wet, 1993, p. 354; Brock 2004, pp. 13–17). Zealand has also demonstrated that, montane wet, and wet cliff) on Hawaii These impacts are discussed further in over time, differential regeneration as a Island, the data from the above studies, Factor E. Other Natural or Manmade consequence of rat predation may alter in addition to direct observations from Factors Affecting Their Continued the species composition of forested field biologists, suggest that slugs can Existence below. areas (Cuddihy and Stone 1990, pp. 68– directly damage or destroy native 69). Rats have caused declines or even Invertebrates plants. the total elimination of island plant species (Campbell and Atkinson 1999, Nonnative Slugs Nonnative Western Yellow-Jacket cited in Atkinson and Atkinson 2000, p. Predation by nonnative slugs Wasps 24). In the Hawaiian Islands, rats may adversely impacts 5 of the 13 plant The western yellow-jacket wasp consume as much as 90 percent of the species (Cyanea marksii, Cyanea (Vespula pensylvanica) is a social wasp seeds produced by some trees, or in tritomantha, Cyrtandra nanawaleensis, species native to the mainland of North some cases prevent the regeneration of Cyrtandra wagneri, and Stenogyne America. It was first reported from Oahu forest species completely (Cuddihy and cranwelliae; see Table 3) proposed for in the 1930s (Nishida and Evenhuis in Stone 1990, pp. 68–69). All three listing through mechanical damage, Sherley 2000, p. 121), and an aggressive species of rat (black, Norway, and destruction of plant parts, and mortality race became established in 1977 Polynesian) have been reported to be a (U.S. Army Garrison 2006, p. 3–51; Joe (Gambino et al. 1987, p. 170). This serious threat to many endangered or 2006, p. 10; Lorence and Perlman 2007, species is now particularly abundant threatened Hawaiian plants (Stone 1985, p. 359; Bio 2008, in litt.; Perlman and between 1,969 and 5,000 ft (600 and p. 264; Cuddihy and Stone 1990, pp. Bio 2008, in litt.; HBMP 2010k). On 1,524 m) in elevation (Gambino et al.
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1990, pp. 1,088–1,095; Foote and Carson (Montgomery 1975, pp. 74–75; occupy most of Hawaii’s habitat types, 1995, p. 371) on Kauai, Oahu, Molokai, Kaneshiro and Kaneshiro 1995, pp. 44– from coastal to subalpine ecosystems; Maui, Lanai, and Hawaii Island (GISD 45). However, several species of small however, many species are still 2012b). The western yellow-jacket wasp parasitic wasps (Family Braconidae), invading mid-elevation montane mesic is an aggressive, generalist predator including Diachasmimorpha tryoni forests, and few species have been able (Gambino et al. 1987, p. 170). In (NCN), D. longicaudata (NCN), Opius to colonize undisturbed montane wet temperate climates, the western yellow- vandenboschi (NCN), and Biosteres ecosystems (Reimer 1993, pp. 13–17). jacket wasp has an annual life cycle, but arisanus (NCN), were purposefully The lowland forests are a portal of entry in Hawaii’s tropical climate, colonies of introduced into Hawaii to control to the montane and subalpine this species persist through a second nonnative pest tephritid fruit flies ecosystems, and, therefore, because ants year, allowing them to have larger (Funasaki et al. 1988, pp. 105–160). are actively invading increasingly numbers of individuals and thus a These parasitic wasps are also known to elevated ecosystems, ants are more greater impact on prey populations attack other species of flies, including likely to occur in high densities in the (Gambino et al. 1987, pp. 169–170). In native flies in the family Tephritidae. lowland mesic and montane mesic Haleakala National Park on Maui, While these parasitic wasps have not ecosystems currently occupied by the western yellow-jacket wasps were found been recorded parasitizing Hawaiian picture-wing fly (Reimer 1993, pp. 13– to forage predominantly on native picture-wing flies and, in fact, may not 17). arthropods (Gambino et al. 1987, pp. successfully develop in Drosophilidae, The big-headed ant originated in 169–170; Gambino et al. 1990, pp. females will indiscriminately sting any central Africa (Krushelnycky et al. 2005, 1,088–1,095; Gambino and Loope 1992, fly larvae in their attempts to oviposit p. 24) and was first reported in Hawaii pp. 15–21). Western yellow-jacket (lay eggs), resulting in mortality of the in 1879 (Krushelnycky et al. 2005, p. wasps have also been observed carrying fly larvae (Evans 1962, pp. 468–483). 24). This species is considered one of and feeding upon recently captured the most invasive and widely Nonnative Ants adult Hawaiian Drosophila (Kaneshiro distributed ants in the world (Holway et and Kaneshiro 1995, pp. 40–45). These Ants are not a natural component of al. 2002, pp. 181–233; Krushelnycky et wasps are also believed to feed upon Hawaii’s arthropod fauna, and native al. 2005, p. 5). In Hawaii, this species picture-wing fly larvae within their host species evolved in the absence of is the most ubiquitous ant species plants (Carson 1986, pp. 3–9). In predation pressure from ants. Ants can found, from coastal to mesic habitat up addition, native picture-wing flies, be particularly destructive predators to 4,000 ft (1,219 m) in elevation, including the species in this proposed because of their high densities, including within the habitat areas of the rule, may be particularly vulnerable to recruitment behavior, aggressiveness, picture-wing fly proposed for listing in predation by wasps due to their lekking and broad range of diet (Reimer 1993, this rule. With few exceptions, native (male territorial defensive displays pp. 13–17). Ants can prey directly upon insects have been eliminated in habitats during courtship and mating) behavior native arthropods, exclude them where the big-headed ant is present and conspicuous courtship displays that through interference or exploitation (Gagne 1979, p. 81; Gillespie and can last for several minutes (Kaneshiro competition for food resources, or Reimer 1993, p. 22). Consequently, big- 2006, pers. comm.). The concurrent displace them by monopolizing nesting headed ants represent a threat to the arrival of the western yellow-jacket or shelter sites (Krushelnychy et al. picture-wing fly, in the lowland mesic wasp and decline of picture-wing fly 2005, p. 6). The threat of ant predation and montane mesic ecosystems (Reimer observations in some areas suggest that on the picture-wing fly species 1993, pp. 14, 17; Holway et al. 2002, pp. the wasp may have played a significant proposed for listing in this rule is 181–233; Daly and Magnacca 2003, pp. role in the decline of some of the amplified by the fact that most ant 9–10; Krushelnycky et al. 2005, p. 5). picture-wing fly populations, including species have winged reproductive The long-legged ant appeared in populations of the picture-wing fly adults (Borror et al. 1989, p. 738) and Hawaii in 1952, and now occurs on proposed for listing in this rule (Carson can quickly establish new colonies in Hawaii, Kauai, Maui, and Oahu (Reimer 1986, pp. 3–9; Foote and Carson 1995, additional suitable habitats (Staples and et al. 1990, p. 42; http://www.antweb.org p. 371; Kaneshiro and Kaneshiro 1995, Cowie 2001, p. 55). These attributes 2011). It inhabits low-to-mid-elevation pp. 40–45; Science Panel 2005, pp. 1– allow some ants to destroy otherwise (less than 2,000 ft (600 m)), rocky areas 23). As the western yellow-jacket wasp geographically isolated populations of of moderate rainfall (less than 100 in is widespread within three ecosystems native arthropods (Nafus 1993, pp. 19, (250 cm) annually) (Reimer et al. 1990, (lowland mesic, montane mesic, and 22–23). p. 42). Although surveys have not been wet ecosystems) on Hawaii Island in At least 47 species of ants are known conducted to ascertain this species’ which the two known occurrences of to be established in the Hawaiian presence in the two known sites the proposed picture-wing fly occur, the Islands (Krushelnycky 2008, pp. 1–11), occupied by the picture-wing fly, we results from the studies above, in and at least 4 particularly aggressive believe that the long-legged ant likely addition to observations by field species (the big-headed ant (Pheidole occurs within the lowland mesic biologists, suggest that western yellow- megacephala), the long-legged ant (also ecosystem that supports the picture- jacket wasps can directly kill known as the yellow crazy ant) wing fly due to the ant’s aggressive individuals of the picture-wing fly (Anoplolepis gracilipes), Solenopsis nature and ability to spread and (Foote and Carson 1995, p. 371; papuana (NCN), and Solenopsis colonize new locations (Foote 2008, Kaneshiro and Kaneshiro 1995, pp. 40– geminata (NCN)) have severely pers. comm.). Direct observations 45; Science Panel 2005, pp. 1–23). impacted the native insect fauna, likely indicate Hawaiian arthropods are including native picture-wing flies susceptible to predation by this species; Nonnative Parasitoid Wasps (Reimer 1993, pp. 13–17). Numerous Gillespie and Reimer (1993, p. 21) and The number of native parasitic other species of ants are recognized as Hardy (1979, pp. 37–38) documented Hymenoptera (parasitic wasps) in threats to Hawaii’s native invertebrates, the complete extirpation of several Hawaii is limited, and only species in and an unknown number of new species native insects within the Kipahulu area the family Eucoilidae are known to use are established every few years (Staples on Maui after this area was invaded by Hawaiian picture-wing flies as hosts and Cowie 2001, p. 53). As a group, ants the long-legged ant. Lester and Tavite
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(2004, p. 391) found that long-legged increase fruit fly mortality in field picture-wing fly that occurs from 2,000 ants in the Tokelau Atolls (New studies in Hawaii (Wong and Wong ft to 4,500 ft (610 m to 1,372 m) in Zealand) can form very high densities in 1988, p. 175). In addition to predation, elevation, in the lowland mesic, a relatively short period of time with S. geminata workers tend honeydew- montane mesic, and montane wet locally serious consequences for producing members of the Homoptera ecosystems (Science Panel 2005, pp. 1– invertebrate diversity. Densities of 3,600 suborder, especially mealybugs, which 23; Magnacca 2011b, pers. comm.). individuals collected in pitfall traps can impact plants directly and The rarity or disappearance of native within a 24-hour period were observed, indirectly through the spread of disease picture-wing fly species, including the as well as predation upon invertebrates (Manaaki Whenua Landcare Research species in this proposed rule, from ranging from crabs to other ant species. 2012—Ant Distribution Database). historical observation sites over the past On Christmas Island in the Indian Solenopsis geminata was included 100 years is due to a variety of factors. Ocean, numerous studies have among the eight species ranked as While there is no documentation that documented the range of impacts to having the highest potential risk to New conclusively ties the decrease in native invertebrates, including the red Zealand in a detailed pest risk picture-wing fly observations to the land crab (Gecarcoidea natalis), as a assessment for the country (GISD establishment of nonnative ants in result of predation by supercolonies of 2012c), and is included as one of five lowland mesic, montane mesic, and the long-legged ant (Abbott 2006, p. ant species listed among the ‘‘100 of the montane wet ecosystems on Hawaii 102). Long-legged ants have the World’s Worst Invaders’’ (Manaaki Island, the presence of nonnative ants in potential as predators to profoundly Whenua Landcare Research 2012—Ant these habitats and the decline of affect the endemic insect fauna in Distribution Database). Although picture-wing fly observations in some territories they occupy. Studies surveys have not been conducted to areas in these habitats suggest that comparing insect populations at ascertain this species’ presence in either nonnative ants may have played a role otherwise similar ant-infested and ant- of the two sites occupied by the picture- in the decline of some populations of free sites found extremely low numbers wing fly, because of the ant’s expanding the picture-wing fly proposed for listing of large endemic noctuid moth larvae range and its widespread occurrence in in this rule. As nonnative predatory ants (Agrotis spp. and Peridroma spp.) in coastal, lowland dry, and lowland mesic are found in three of the described ant-infested areas. Nests of habitats, it is a potential threat to the ecosystems (lowland mesic, montane groundnesting cottelid bees picture-wing fly in the lowland mesic mesic, and montane wet) on Hawaii (Nesoprosopis spp.) were eliminated ecosystem. Island in which the picture-wing fly from ant-infested sites (Reimer et al. occurs, the data from the above studies, The Argentine ant (Iridomyrmex 1990, p. 42). Although only cursory in addition to direct observations from humilis) was discovered on the island of observations exist in Hawaii (Reimer et field biologists, suggest that nonnative Oahu in 1940, and is now established al. 1990, p. 42), we believe long-legged predatory ants contribute to the on all the main Hawaiian Islands ants are a threat to the proposed picture- reduction in range and abundance of the (Reimer et al. 1990, p. 42). Argentine wing fly in the lowland mesic picture-wing fly (Science Panel 2005, ants do not disperse by flight. Instead ecosystem. pp. 1–23). Solenopsis papuana is the only colonies are moved about with soil and Two-Spotted Leaf Hopper abundant, aggressive ant that has construction material. The Argentine invaded intact mesic to wet forest, as ant is found from coastal to subalpine Predation by the two-spotted leaf- well as coastal and lowland dry ecosystems on the island of Maui, and hopper (Sophonia rufofascia) has been habitats. This species occurs from sea on the slopes of Mauna Loa, in the reported on plants in the genus level to over 2,000 ft (600 m) on all of lowland mesic and montane mesic Pritchardia throughout the main the main Hawaiian Islands, and is still ecosystems on Hawaii Island, the Hawaiian Islands and may be a threat to expanding its range (Reimer 1993, p. location of one of the two occurrences the plant Pritchardia lanigera proposed 14). Although surveys have not been of the picture-wing fly (Hartley et al. for listing in this rule (Chapin et al. conducted to ascertain this species’ 2010, pp. 83–94; Krushelnychy and 2004, p. 279). This nonnative insect presence in either of the two known Gillespie 2010, pp. 643–655). The damages the leaves it feeds on, typically sites occupied by the picture-wing fly, Argentine ant has been documented to causing chlorosis (yellowing due to because of the ant’s expanding range reduce populations, or even eliminate disrupted chlorophyll production) to and its widespread occurrence in native arthropods in Haleakala National browning and death of foliage (Jones et coastal, lowland dry, and lowland mesic Park on Maui (Cole et al. 1992, pp. al. 2000, pp. 171–180). The damage to habitats, we believe S. papuana is a 1313–1322). On Maui, Argentine ants plants can result in the death of affected threat to the picture-wing fly in the are significant predators on pest fruit leaves or the whole plant, owing to the lowland mesic and montane mesic flies (Wong et al. 1984, pp. 1454–1458), combined action of its feeding and ecosystems. and Krushelychy and Gillespie (2010, oviposition behavior (Alyokhin et al. Like Solenopsis papuana, S. geminata pp. 643–655) found that Argentine ants 2004, p. 1). In addition to the is also considered a significant threat to on Hawaii Island are associated with the mechanical damage caused by the native invertebrates (Gillespie and decline of an endemic phorid fly feeding process, the insect may Reimer 1993, pp. 21–33) and occurs on (Megaselia sp.). Krushelychy and introduce plant pathogens that lead to all the main Hawaiian Islands (Reimer Gillespie (2010, pp. 643–655) suggest eventual plant death (Jones et al. 2006, et al. 1990, p. 42; Loope and that ants severely impact larval stages of p. 2). The two-spotted leafhopper is a Krushelnycky 2007, p. 70). Found in many flies. While we are not aware of highly polyphagous insect (it feeds on drier areas of the Hawaiian Islands, it documented occurrences of predation many different types of food). Sixty- has displaced Pheidole megacephala as by Argentine ants on picture-wing flies, eight percent of its recorded host plant the dominant ant in some areas (Wong including the species proposed for species in Hawaii are fruit, vegetable, and Wong 1988, p. 175). Known to be listing, these ants are considered to be and ornamental crops, and 22 percent a voracious, nonnative predator in many a threat to native arthropods located at are endemic plants, over half of which areas to where it has spread, the species higher elevations (Cole et al. 1992, pp. are rare and endangered (Alyokhin et al. was documented to significantly 1313–1322) and thus potentially to the 2004, p. 6). Its range is limited to below
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4,000 ft (1,219 m) in elevation, unless islands (Spatz and Mueller-Dombois 2011b, pers. comm.), which results in there is a favorable microclimate. While 1973, p. 874; Diong 1982, p. 160; reduced natural regeneration of the there has been a dramatic reduction in Cuddihy and Stone 1990, p. 67). plants (Beaver 1987, p. 11; Magnacca the number of two-spotted leafhopper (2) Nonnative rats and slugs cause 2005, in litt.; Science Panel 2005, pp. 1– populations between 2005 and 2007 mechanical damage to plants and 23). (possibly due to egg parasitism), this destruction of plant parts (branches, These threats are serious and ongoing, nonnative insect has not been fruits, and seeds), and are considered a act in concert with other threats to the eradicated, and predation by this threat to 11 of the 13 plant species species, and are expected to continue or nonnative insect remains a threat proposed for listing (see Table 3). All of increase in magnitude and intensity into (Fukada 2007, in litt.). Chapin et al. the plants and the picture-wing fly the future without effective management (2004, p. 279) believe that constant proposed for listing are impacted by actions to control or eradicate them. In monitoring of both wild and cultivated either introduced ungulates, as noted in addition, negative impacts to native Pritchardia populations will be item (1) above, or nonnative rats and Hawaiian plants on Hawaii Island from necessary to abate this threat. slugs, or both. grazing and browsing by axis deer are (3) Predation of adults and larvae of Nonnative Beetles likely should this nonnative ungulate Hawaiian picture-wing flies by the increase in numbers and range on the The Hawaiian Islands now support western yellow-jacket wasp has been island. The combined threat of ungulate, several species of nonnative beetles observed, and it has been suggested that rat, and invertebrate predation on native (family Scolytidae, genus Coccotrypes), wasp predation has played a significant Hawaiian flora and fauna suggests the a few of which bore into and feed on the role in the dramatic declines of some need for immediate implementation of nuts produced by certain native and populations of picture-wing flies recovery and conservation actions. nonnative palm trees, including those in (Carson 1986, pp. 3–9; Foote and Carson the genus Pritchardia (Swezey 1927, in 1995, p. 371; Kaneshiro and Kaneshiro Factor D. The Inadequacy of Existing litt.; Science Panel 2005, pp. 1–23; 1995, pp. 40–45; Science Panel 2005, Regulatory Mechanisms Magnacca 2011b, pers. comm.). Species pp. 1–23). Because western yellow- Feral Ungulates of Coccotrypes beetles prefer trees with jacket wasps are found in the three large seeds, like those of Pritchardia ecosystems in which the picture-wing Nonnative ungulates pose a major spp. (Beaver 1987, p. 11). Trees of fly is found, and western yellow-jacket ongoing threat to all 13 plant species, Pritchardia spp. drop their fruit before wasps are known to prey on picture- and to the picture-wing fly, through the fruit reaches maturity due to the wing flies, we consider predation by the destruction and degradation of boring action of the Coccotrypes spp. western yellow-jacket wasp to be a terrestrial habitat, and through direct Beetles, thereby reducing natural serious and ongoing threat to Drosophila predation of the 13 plant species (see regeneration in the wild (Beaver 1987, digressa. Table 3). In addition, nonnative p. 11; Magnacca 2005, in litt.; Science (4) Parasitic wasps purposefully ungulates (feral goats and cattle) pose an Panel 2005, pp. 1–23). The threat from introduced to Hawaii to control ongoing threat to the anchialine pool Coccotrypes spp. beetles on Pritchardia nonnative pest fruit flies will shrimp through destruction and spp. in Hawaii is expected to increase indiscriminately sting any fly larvae degradation of its anchialine pool with time if the beetles are not when attempting to lay their eggs. habitat. Feral goats and cattle trample controlled (Richardson 2011, pers. Predation by one or more of these and forage on both native and nonnative comm.). Although Pritchardia spp. are nonnative parasitic wasps is a plants around and near the pool long-lived (up to 100 years), over time, potentially serious threat to Drosophila opening at Lua O Palahemo, and Coccotrypes spp. beetles may severely digressa. increase erosion around the pool and impact Hawaiian species of Pritchardia, (5) Picture-wing flies are vulnerable to sediment entering the pool. The State of including Pritchardia lanigera, which is predation by ants, and the range of Hawaii provides game mammal (feral proposed for listing in this rule. Drosophila digressa overlaps that of pigs, goats, cattle, sheep, and mouflon particularly aggressive, nonnative sheep) hunting opportunities on 42 Summary of Factor C predatory ant species that currently State-designated public hunting areas We are unaware of any information occur from sea level to the montane on the island of Hawaii (H.A.R. 13–123; that indicates that disease is a threat to mesic ecosystem (over 3,280 ft (1,000 m) Mello 2011, pers. comm.). The State’s any of the 15 species proposed for elevation) on all of the main Hawaiian management objectives for game listing in this rule. Islands. We therefore consider predation animals range from maximizing public We consider predation by nonnative by these nonnative ants to be a threat to hunting opportunities (e.g., ‘‘sustained animal species (pigs, goats, cattle, Drosophila digressa. yield’’) in some areas to removal by sheep, mouflon sheep, rats, slugs, (6) The plant Pritchardia lanigera is State staff, or their designees, in other wasps, ants, the two-spotted leaf vulnerable to predation by nonnative areas (H.A.R. 13–123). Ten of the 13 hopper, and beetles) to pose an ongoing invertebrates. The two-spotted plant species (Cyanea marksii, Cyanea threat to all 13 plant species and the leafhopper has been observed on plants tritomantha, Cyrtandra nanawaleensis, picture-wing fly proposed for listing in the genus Pritchardia throughout the Cyrtandra wagneri, Phyllostegia throughout their ranges for the main Hawaiian Islands, and poses a floribunda, Pittosporum hawaiiense, following reasons: threat to Pritchardia lanigera (Chapin et Platydesma remyi, Pritchardia lanigera, (1) Observations and reports have al. 2004, p. 279). Two-spotted Schiedea hawaiiensis, and Stenogyne documented that pigs, goats, cattle, leafhopper damage results in the death cranwelliae) and the picture-wing fly sheep, and mouflon sheep browse and of affected leaves or the entire plant have occurrences in areas where trample all 13 proposed plant species (Alyokhin et al. 2004, p. 1). terrestrial habitat may be manipulated and the host plants of the picture-wing (7) Several species of nonnative for game enhancement and where game fly (see Table 3), in addition to other beetles (Coccotrypes spp.) bore into and populations are maintained at studies demonstrating the negative feed upon the seeds of the native palm prescribed levels using public hunting impacts of ungulate browsing and genus Pritchardia (Swezey 1927, in litt.; (Perlman et al. 2001, in litt.; Perlman et trampling on native plant species of the Science Panel 2005, pp. 1–23; Magnacca al. 2004, in litt.; Lorence and Perlman
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2007, pp. 357–361; PEPP 2007, p. 61; to Hawaii, especially insects or plant and comprehensive arguments for both Pratt 2007a, in litt.; Pratt 2007b, in litt.; diseases not yet known to be present in agricultural and conservation issues are Benitez et al. 2008, p. 58; Agorastos the State (HDOA 2009). The U.S. provided; however, this exemption 2010, in litt.; HBMP 2010c; HBMP Department of Homeland Security- procedure operates on a case-by-case 2010e; HBMP 2010f; HBMP 2010g; Customs and Border Protection (CBP) is basis. Therefore, that avenue may only HBMP 2010h; HBMP 2010i; HBMPk; responsible for inspecting commercial, provide minimal protection against the PEPP 2010, p. 63; Bio 2011, pers. private, and military vessels and large diversity of foreign pests that comm.; Evans 2011, in litt.; Perry 2011, aircraft, and related cargo and threaten Hawaii. in litt.; Magnacca 2011b, pers. comm.; passengers arriving from foreign Adequate staffing, facilities, and H.A.R. 13–123). Public hunting areas are locations. Customs and Border equipment for Federal and State pest not fenced, and game mammals have Protection focuses on a wide range of inspectors and identifiers in Hawaii unrestricted access to most areas across quarantine issues involving non- devoted to invasive species interdiction the landscape, regardless of underlying propagative plant materials (processed are critical biosecurity gaps (HLRB land-use designation. While fences are and unprocessed); wooden packing 2002, pp. 1–14; USDA–APHIS–PPQ sometimes built to protect areas from materials, timber, and products; 2010, pp. 1–88; CGAPS 2009, pp. 1–14). game mammals, the current number and internationally regulated commercial State laws have recently been passed locations of fences are not adequate to species under the Convention on that allow the HDOA to collect fees for prevent habitat degradation and International Trade in Endangered quarantine inspection of freight entering destruction for 14 of the 15 species, and Species of Wild Fauna and Flora Hawaii (e.g., Act 36 (2011) H.R.S. 150A– the direct predation of the 13 plant (CITES); seeds and plants listed as 5.3). Legislation passed and enacted on species on Hawaii Island (see Table 3). noxious; soil; and pests of concern to July 8, 2011 (H.B. 1568), now requires However, the State game animal the greater United States, such as pests commercial harbors and airports in regulations are not designed nor of mainland U.S. forests and agriculture. Hawaii to provide biosecurity and intended to provide habitat protection, The U.S. Department of Agriculture- inspection facilities to facilitate the and there are no other regulations Animal and Plant Health Inspection movement of cargo through the ports. designed to address habitat protection Service-Plant Protection and Quarantine This enactment is a significant step from ungulates. (USDA–APHIS–PPQ) inspects toward optimizing the biosecurity The capacity of Federal and State propagative plant material, provides capacity in the State of Hawaii; agencies and their nongovernmental identification services for arriving however, only time will determine the partners in Hawaii to mitigate the effects plants and pests, conducts pest risk true effectiveness of this Act (Act of introduced pests, such as ungulates assessments, trains CBP personnel, 202(11)). From a Federal perspective, and weeds, is limited due to the large conducts permitting and preclearance there is a need to ensure that all civilian number of taxa currently causing inspections for products originating in and military port and airport operations damage (Coordinating Group on Alien foreign countries, and maintains a pest and construction are in compliance with Pest Species (CGAPS) 2009). Many database that, again, has a focus on pests the Act. The introduction of new pests invasive weeds established on Hawaii of wide concern across the United to the State of Hawaii is a significant Island have currently limited but States. The Service inspects arriving risk to federally listed species. expanding ranges and are of concern. wildlife products, with the goal of Nonnative Animal Species Resources available to reduce the spread enforcing the injurious wildlife of these species and counter their provisions of the Lacey Act (18 U.S.C. Vertebrate Species negative ecological effects are limited. 42; 16 U.S.C. 3371 et seq.), and CITES. Control of established pests is largely The State of Hawaii’s laws prohibit focused on a few invasive species that The State of Hawaii’s unique the importation of all animals unless cause significant economic or biosecurity needs are not recognized by they are specifically placed on a list of environmental damage to public and Federal import regulations. Under the allowable species (HLRB 2002, pp. 1– private lands. Comprehensive control of USDA–APHIS–PPQ’s commodity risk 109; CGAPS 2010, pp. 1–14). The an array of invasive pests and assessments for plant pests, regulations importation and interstate transport of management to reduce disturbance are based on species considered threats invasive vertebrates is federally regimes that favor certain invasive to the mainland United States and do regulated by the Service under the species remains limited in scope. If not address many species that could be Lacey Act as ‘‘injurious wildlife’’ ¥ current levels of funding and regulatory pests in Hawaii (Hawaii Legislative (Fowler et al. 2007, pp. 353 359); the support for invasive species control are Reference Bureau (HLRB) 2002, pp. 1– list of vertebrates considered ‘‘injurious maintained on Hawaii Island, the 109; USDA–APHIS–PPQ 2010, pp. 1–88; wildlife’’ is provided at 50 CFR 16. Service expects existing programs to CGAPS 2009, pp. 1–14). Interstate However, the law in its current form has continue to exclude or, on a very commerce provides the pathway for limited effectiveness in preventing limited basis, control invasive species invasive species and commodities invasive vertebrate introductions into only in high-priority areas. Threats from infested with non-Federal quarantine the State of Hawaii. On June 21, 2012, established pests (e.g., nonnative pests to enter Hawaii. Pests of a new State law, Act 144 (‘‘Relating to ungulates, weeds, and invertebrates) are quarantine concern for Hawaii may be Wildlife’’) was signed into law. This Act ongoing and expected to continue into intercepted at Hawaiian ports by prohibits the interisland possession, the future. Federal agents, but are not always acted transfer, transport, or release after on by them because these pests are not transport of wild or feral deer, and Introduction of Nonnative Species regulated under Federal mandates. establishes mandatory fines. On June 21, Currently, four agencies are Hence, Federal protection against pest 2012, Act 149 (‘‘Relating to Emergency responsible for inspection of goods species of concern to Hawaii has Rules for Threats to Natural Resources arriving in Hawaii (CGAPS 2009). The historically been inadequate. It is or the Health of the Environment’’) was Hawaii Department of Agriculture possible for the USDA to grant Hawaii also signed into State law. Act 149 (HDOA) inspects domestic cargo and protective exemptions under the expands the ability of State agencies to vessels, and focuses on pests of concern ‘‘Special Local Needs Rule,’’ when clear adopt emergency rules to address
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situations that impose imminent threats APHIS–PPQ’s Restricted Plants List The Lua O Palahemo anchialine pool to natural resources (Aila 2012a, in litt.; restrict the import of a limited number is located in a remote, largely Martin 2012, in litt.). However, the of noxious weeds. If not specifically undeveloped area, but is well known effectiveness of these two recently prohibited, current Federal regulations and frequently visited by residents and enacted laws has not yet been allow plants to be imported from visitors for recreational opportunities, as demonstrated. international ports with some indicated by the numerous off-road vehicle tracks around the pool (USFWS Invertebrate Species restrictions. The Federal Noxious Weed List (see 7 CFR 360.200) includes few of 2012 in litt.; Richardson 2012, in litt., Predation by nonnative invertebrate the many globally known invasive pp. 1–2). As of the 2010 survey, a sign pests (slugs, wasps, ants, leafhoppers, plants, and plants in general do not posted near Lua O Palahemo indicates and beetles) threaten 6 of the 13 the require a weed risk assessment prior to that individuals who disturb the site are plant species and the picture-wing fly importation from international ports. subject to fines under Haw. Rev. Stat. 6E (see Table 3). It is likely that the The USDA–APHIS–PPQ is in the (Hawaii’s State Historic Preservation introduction of most nonnative process of finalizing rules to include a Act (SHPA)). This statute makes it invertebrate pests to the State has been weed risk assessment for newly unlawful for any person to take, and continues to be accidental and imported plants. Although the State has appropriate, excavate, injure, destroy, or incidental to other intentional and general guidelines for the importation of alter any historic property or aviation permitted activities. Although Hawaii plants, and regulations are in place artifact located upon lands owned or State government and Federal agencies regarding the plant crops mentioned controlled by the State or any of its have regulations and some controls in above, the intentional or inadvertent political subdivisions, except as place (see above), the introduction and introduction of nonnative plants outside permitted by the State. Violators are movement of nonnative invertebrate the regulatory process and movement of subject to fines of not less than $500 nor pest species between islands and from species between islands and from one more than $10,000 for each separate one watershed to the next continues. watershed to the next continues, which offense. However, sometime between For example, an average of 20 new alien represents a threat to native flora for the the 2010 survey and the June 2012 visit invertebrate species have been reasons described above. In addition, by Service biologists, the sign had been introduced to Hawaii per year since government funding is inadequate to removed (Richardson 2012, in litt., pp. 1970, an increase of 25 percent over the provide for sufficient inspection 1–2). Vetericaris chaceorum is not previous totals between 1930 and 1970 services and monitoring. protected under Hawaii’s endangered (The Nature Conservancy of Hawaii species law (Haw. Rev. Stat. Sect. 195– In 1995, the Coordinating Group on (TNCH) 1992, p. 8). Existing regulatory D). mechanisms therefore appear Alien and Plant Species (CGAPS), a On the basis of the above information, inadequate to ameliorate the threat of partnership comprised primarily of existing State and Federal regulatory introductions of nonnative managers from every major Federal, mechanisms are not adequately invertebrates, and we have no evidence State, County, and private agency and preventing the introduction of to suggest that any changes to these organization involved in invasive nonnative species to Hawaii via regulatory mechanisms are anticipated species work in Hawaii, facilitated the interstate and international in the future. formation of the Hawaii Invasive mechanisms, or intrastate movement of Species Council (HISC), which was Nonnative Plant Species nonnative species between islands, created by gubernatorial executive order watersheds, and anchialine pools in Nonnative plants destroy and modify in 2002, to coordinate local initiatives Hawaii, and thus do not adequately habitat throughout the ranges of 14 of for the prevention and control of protect 14 of the 15 species (all except the 15 species proposed for listing in invasive species by providing policy- the anchialine pool shrimp) proposed this rule (see Table 3, above). As such, level direction and planning for the for listing in this proposed rule from the they represent a serious and ongoing State departments responsible for threat of new introductions of nonnative threat to each of these species. In invasive species issues. In 2003, the species, or from and the continued addition, nonnative plants have been Governor signed into law Act 85, which expansion of nonnative species shown to outcompete native plants and conveys statutory authority to the HISC populations on and between islands, convert native-dominated plant to continue to coordinate approaches watersheds, and anchialine pools. communities to nonnative plant among the various State and Federal Nonnative species may prey upon, communities (see ‘‘Habitat Destruction agencies, and international and local modify, or destroy habitat, or directly and Modification by Nonnative Plants’’ initiatives for the prevention and compete with one or more of the 14 above). control of invasive species (HDLNR species for food, space, and other The State of Hawaii allows the 2003, p. 3–15; HISC 2009; H.R.S. 194– necessary resources. The impacts from importation of most plant taxa, with 2(a)). Some of the recent priorities for these introduced threats are ongoing limited exceptions, if shipped from the HISC include interagency efforts to and are expected to continue into the domestic ports (HLRB 2002; USDA– control nonnative species such as the future. APHIS–PPQ 2010; CGAPS 2010). plants Miconia calvescens (miconia) and We do not believe that existing Hawaii’s plant import rules (H.A.R. 4– Cortaderia spp. (pampas grass), coqui regulatory mechanisms provide 70) regulate the importation of 13 plant frogs (Eleutherodactylus coqui), and adequate protection for the anchialine taxa of economic interest; regulated ants (HISC 2009). However, in early pool shrimp, Vetericaris chaceorum, crops include pineapple, sugarcane, 2009, HISC projected that, due to a from the intentional dumping of trash palms and pines. Certain horticultural tighter economy in Hawaii and and introduction of nonnative fish into crops (e.g., orchids) may require import anticipated budget cuts in State funding Lua O Palahemo (see Factor E. Other permits and have pre-entry support of up to 50 percent, there will Natural or Manmade Factors Affecting requirements that include treatment or be a serious setback in conservation Their Continued Existence). Existing quarantine or both, prior to or following achievements, and the loss of regulatory mechanisms are therefore entry into the State. The State noxious experienced, highly trained staff (HISC inadequate to ameliorate the threat of weed list (H.A.R. 4–68) and USDA– 2009). introductions of trash and nonnative
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fish into Lua O Palahemo, and we have Factor E. Other Natural or Manmade drive anchialine species out of the no evidence to suggest that any changes Factors Affecting Their Continued lighted, higher productivity portion of to these regulatory mechanisms are Existence the pools, into the surrounding water anticipated in the future. Other factors threatening some or all table bed rock, subsequently leading to the decimation of the benthic Summary of Inadequacy of Existing of the 15 species include dumping of community structure of the pool (Brock Regulatory Mechanisms trash and the introduction of nonnative fish, small numbers of populations and 2004, p. iii). In addition, nonnative fish The State’s current management of small population sizes, hybridization, prey on and exclude native hypogeal nonnative game mammals is inadequate lack of or declining regeneration, loss of shrimp that are usually a dominant and to prevent the degradation and host plants, and other activities. Each essential (Brock 2004, p. 16) faunal destruction of habitat of the 13 plant threat is discussed in detail below, component of anchialine pool species, and the picture-wing fly (Factor along with identification of which ecosystems (Bailey-Brock and Brock A. The Present or Threatened species are affected by these threats. 1993, pp. 338–355). The loss of the Destruction, Modification, or shrimp changes ecological succession Curtailment of Its Habitat or Range), Dumping of Trash and Introduction of by reducing herbivory of macroalgae, and to prevent predation of all 13 plant Nonnative Fish allowing an overgrowth and change of species (Factor C. Disease or Predation). The depressional features of pool flora. This overgrowth changes the Existing State and Federal regulatory anchialine pools make them susceptible system from clear, well-flushed basins mechanisms are not effectively to dumping. Refuse found in degraded to a system characterized by heavy preventing the introduction and spread pools and pools that have been filled in sedimentation and poor water exchange, of nonnative species from outside the with rubble have been dated to about which increases the rate of pool State of Hawaii and between islands and 100 years old, and the practice senescence (Brock 2004, p. 16). watersheds within the State of Hawaii. continues today (Brock 2004, p. 15). Lua Nonnative fish, unlike native fish, are Habitat-altering nonnative plant species O Palahemo is located approximately able to complete their life cycles within (Factor A. The Present or Threatened 558 ft (170 m) from a sandy beach anchialine habitats, and remain a Destruction, Modification, or frequented by visitors who fish and permanent detrimental presence in all Curtailment of Its Habitat or Range) and swim. In addition, there are multiple pools in which they are introduced predation by nonnative animal species dirt roads that surround the pool (Brock 2004, p. 16). In Hawaii, the most (Factor C. Disease or Predation) pose a making it highly accessible. Plastic bags, frequently illegally introduced fish are major ongoing threat to all 15 species paper, fishing line, water bottles, soda in the Poeciliidae family (freshwater proposed for listing in this proposed cans, radios, barbed wire, and a bicycle fish which bear live young) and include rule. have been documented within the pool mosquito fish, various mollies (Poecilia Existing State and Federal regulatory (Kensley and Williams 1986, pp. 417– spp.), and tilapia, which prey on and mechanisms do not provide adequate 418; Bozanic 2004, p. 1; Wada 2010, in exclude native hypogeal shrimp such as protection for the anchialine pool litt). Physical trash is likely to increase the herbivorous species upon which shrimp, Vetericaris chaceorum, from the the accumulation of sediment in the Vetericaris chaceorum presumably feed. intentional dumping of trash and pool portion of Lua O Palahemo, and More than 90 percent of the 600 to 700 introduction of nonnative fish into Lua could affect adequate water flushing as anchialine habitats in Hawaii have been O Palahemo (see Factor E. Other Natural well, by blocking the currently narrow degraded in the last 30 years due to the or Manmade Factors Affecting Their passage into the much larger water body introduction of nonnative fish (Brock Continued Existence). in the lava tube below. Introduction of 2004, p. 24). Because these regulatory mechanisms trash involving chemical contamination Lua O Palahemo is highly accessible are inadequate to maintain habitat for into anchialine pools, as has been to off-road vehicle traffic and located the 15 species, and to prevent the observed elsewhere on Hawaii Island near an area frequented by residents and spread of nonnative species (including (Brock 2004, pp. 15–16), could more visitors for fishing and other outdoor nonnative fish into the Lua O Palahemo drastically affect water quality and recreational activities. We believe the anchialine pool), the inadequacy of result in local extirpation of hypogeal pool is vulnerable to the intentional existing regulatory mechanisms is shrimp species. dumping of trash and introduction of considered a serious threat, both now In general, the accidental or nonnative fish (bait and aquarium fish) and in the future. Habitat degradation intentional introduction and spread of because the area is easily accessible to and loss caused by nonnative plants are nonnative fish (bait and aquarium fish) vehicles and human traffic, and yet due a threat to each of the 13 plant species is considered the greatest threat to to its remote location, is far from and the picture-wing fly (Factor A. The anchialine pools in Hawaii (Brock 2004, regulatory oversight by the DHHL or Present or Threatened Destruction, p. 16). Maciolek (1983, p. 612) found DAR. According to Brock (2012, pers. Modification, or Curtailment of Its that the abundance of shrimp in a given comm.), sometime in the 1980s, Habitat or Range), and nonnative population is indirectly related to nonnative fish were introduced into Lua animals (including nonnative fish) are a predation by fish. The release of O Palahemo. It is our understanding that threat to the 15 species (Factor A. The mosquito fish (Gambusia affinis) and the fish were subsequently removed Present or Threatened Destruction, tilapia (Tilapia mossambica) into the with a fish poison, and to our Modification, or Curtailment of Its Waikoloa Anchialine Pond Preserve knowledge the pool currently remains Habitat or Range and Factor C. Disease (WAAPA) at Waikoloa, North Kona, free of nonnative fish. The most or Predation). Therefore, the inadequacy Hawaii, resulted in the infestation of all commonly used piscicide (fish of the regulatory mechanisms to prevent ponds within an approximately 3.2-ha pesticide) in the United States for the dumping of trash and introduction (8-ac) area, which represented management of fish in freshwater of nonnative fish into anchialine pool approximately two-thirds of the systems is a naturally occurring shrimp habitat, and to address threats WAAPA. Within 6 months, all native chemical, marketed as a product called posed by other nonnative species hypogeal shrimp species disappeared Rotenone. Unfortunately, Rotenone use threatens these 15 species. (Brock 2004, pp. iii). Nonnative fish in marine systems (including anchialine
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pools) is illegal according to the with other threats, such as those Hybridization Environmental Protection Agency (EPA discussed above (see Factor A and 2007, pp. 22–23; Finlayson et al. 2010, Factor C above). Natural hybridization is a frequent p. 2). phenomenon in plants and can lead to More than 90 percent of Hawaii’s Plants the formation of new species (Orians 2000, p. 1,949), or sometimes to the anchialine pool habitats have been A limited number of individuals degraded or destroyed by the intentional decline of species through genetic (fewer than 50 individuals) is a threat to dumping of trash and introduction of assimilation or ‘‘introgression’’ the following six plant species in this nonnative fish. Because the anchialine (Ellstrand 1992, pp. 77, 81; Levine et al. proposal: Bidens hillebrandiana ssp. pool shrimp Vetericaris chaceorum is 1996, pp. 10–16; Rhymer and Simberloff hillebrandiana, Cyanea marksii, only known from one pool, the 1996, p. 85). Hybridization, however, is Cyrtandra wagneri, Platydesma remyi, introduction of nonnative fish which especially problematic for rare species Schiedea diffusa ssp. macraei, and S. prey on and exclude native hypogeal that come into contact with species that hawaiiensis. We consider these species shrimp like Vetericaris chaceorum or its are abundant or more common (Rhymer highly vulnerable to extinction due to associated prey shrimp species would and Simberloff 1996, p. 83). We threats associated with small population likely lead to the extirpation of this consider hybridization to be a threat to species, directly or indirectly due to the size or small number of populations because: three species, and potentially a threat to lower abundance of co-occurring shrimp one more species in this proposed rule • species that provide food resources to The only known occurrences of because hybridization may lead to Vetericaris chaceorum. In addition, the Bidens hillebrandiana ssp. extinction of the original genotypically loss of native shrimp species leads to hillebrandiana, Cyanea marksii, and distinct species. Hybrid swarms changes in ecological succession in Cyrtandra wagneri are threatened either (hybrids that can interbreed among anchialine pools, leading to senescence by landslides, rockfalls, or erosion, or a themselves and also with the parent of the pool habitat, thereby rendering combination of these, because of their species) have been reported between the the pool unsuitable habitat (Brock 2004, locations in lowland wet, montane wet, plant Bidens micrantha ssp. ctenophylla p. 16). and dry cliff ecosystems. and B. menziesii ssp. filiformis near Small Number of Individuals and • Platydesma remyi is known from Puuwaawaa in north Kona (Ganders and Populations fewer than 40 scattered individuals Nagata 1983, p. 12; Ganders and Nagata Species that are endemic to single (Stone et al. 1999, p. 1210; HBMP 1999, p. 278); the plant Cyrtandra islands are inherently more vulnerable 2010i). Declining or lack of regeneration nanawaleensis is known to hybridize to extinction than are widespread in the wild appears to threaten this with C. lysiosepala in and around the species, because of the increased risk of species. Nanawale FR (Price 2011, in litt.); and genetic bottlenecks, random • Schiedea diffusa ssp. macraei is Cyrtandra wagneri is reported to demographic fluctuations, climate known from a single individual in the hybridize with C. tintinnabula. Only change effects, and localized Kohala Mountains (Perlman et al. 2001, eight individuals express the true catastrophes such as hurricanes, in litt.; Wagner et al. 2005d, p. 106; phenotype of C. wagneri, and only three drought, rockfalls, landslides, and HBMP 2010j; Bio 2011, pers. comm.). of these individuals are reproducing disease outbreaks (Pimm et al. 1988, p. successfully (PEPP 2010, p. 102; Bio • Habitat destruction or direct 757; Mangel and Tier 1994, p. 607). 2011, pers. comm.). Native species can predation by ungulates, nonnative These problems are further magnified plants, drought, and fire are threats to also hybridize with related nonnative when populations are few and restricted the 25 to 40 individuals of Schiedea species. For example, native species of to a very small geographic area, and Pittosporum, including the plant when the number of individuals in each hawaiiensis (Mitchell et al. 2005a; NDMC 2012–Online Archives). Pittosporum hawaiiense, are known to population is very small. Populations exhibit high levels of gene flow, and with these characteristics face an Animals hybridization between native increased likelihood of stochastic Pittosporum and nonnative species of extinction due to changes in Like most native island biota, the Pittosporum may occur when they demography, the environment, genetics, endemic anchialine pool shrimp and occupy similar habitat and elevation or other factors (Gilpin and Soule´ 1986, Hawaiian picture-wing fly are (Daehler and Carino 2001, pp. 91–96; pp. 24–34). Small, isolated populations particularly sensitive to disturbances Bacon et al. 2011, p. 733). often exhibit reduced levels of genetic due to low number of individuals, low variability, which diminishes the population numbers, and small Regeneration species’ capacity to adapt and respond geographic ranges. We consider the to environmental changes, thereby picture-wing fly vulnerable to extinction Lack of, or low levels of, regeneration lessening the probability of long-term due to threats associated with low (reproduction and recruitment) in the persistence (e.g., Barrett and Kohn 1991, number of individuals and low number wild has been observed, and is a threat p. 4; Newman and Pilson 1997, p. 361). of populations because Drosophila to, Pittosporum hawaiiense, Platydesma Very small, isolated populations are also digressa is known from only two of its remyi, and Pritchardia lanigera (Bio more susceptible to reduced five historically known locations. The 2011, pers. comm.; Magnacca 2011b, reproductive vigor due to ineffective following threats to this species have all pers. comm.). The reasons for this are pollination (plants), inbreeding been documented: Predation by not well understood: however, seed depression (plants and shrimp), and nonnative wasps and ants; habitat predation by rats, ungulates, and beetles hybridization (plants and flies). The degradation and destruction by is thought to play a role (Bio 2011, pers. problems associated with small nonnative ungulates, fire, and drought; comm.; Magnacca 2011b, pers. comm.). population size and vulnerability to loss of its host plants; and competition In addition, Cyanea tritomantha is random demographic fluctuations or with nonnative flies for its host plants reported to produce few seeds with low natural catastrophes are further (Science Panel 2005, pp. 1–23; viability. The reasons for this are magnified by synergistic interactions Magnacca 2011b, pers. comm.). unknown (Bio 2008, in litt.).
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Competition threats to Charpentiera spp. (Medeiros For example, the reduced availability of et al. 1986, p. 29; Giffin 2009, p. 81). host trees or an increase in predation of Competition with nonnative tipulid the picture-wing fly adults that might be Summary of Other Natural or Manmade flies (large crane flies, family Tipulidae) absorbed in a widely-distributed species Factors Affecting Their Continued for larvae host plants threatens the could result in a significant decrease in Existence picture-wing fly proposed for listing in survivorship or reproduction of a this rule. The Hawaiian Islands now We consider the threats from species with limited distribution. The support several species of nonnative dumping of trash and introduction of limited distribution of this species thus tipulid flies, and the larvae of some nonnative fish into the pool that magnifies the severity of the impact of species within this group feed within supports the anchialine pool shrimp the other threats discussed in this the decomposing bark of some of the proposed for listing in this rule to be proposed rule. host plants utilized by picture-wing serious threats that have the potential to The threat from hybridization is flies, including Cheirodendron, occur at any time, although their unpredictable but an ongoing and ever- Clermontia, Pleomele, and occurrence is not predictable. The use of present threat to Bidens micrantha ssp. Charpentiera, the host plant for anchialine pools for dumping of trash ctenophylla, Cyrtandra nanawaleensis, Drosophila digressa (Science Panel and introduction of nonnative fish are and Cyrtandra wagneri, and a potential 2005, pp. 1–23; Magnacca 2005, in litt.). widespread practices in Hawaii and threat to Pittosporum hawaiiense. We The effect of this competition is a have the potential to occur at any time consider the threat to Cyanea reduction of available host plant at the Lua O Palahemo pool. Nonnative tritomantha, Pittosporum hawaiiense, material for the larvae of the picture- fish prey on or outcompete native Platydesma remyi, and Pritchardia wing fly. In laboratory studies, Grimaldi herbivorous anchialine pool shrimp that lanigera from lack of regeneration to be and Jaenike (1984, pp. 1,113–1,120) serve as the prey base for predatory ongoing and to continue into the future demonstrated that competition between species of shrimp, including the because the reasons for the lack of Drosophila larvae and other fly larvae anchialine pool shrimp proposed for recruitment in the wild are unknown can exhaust food resources, which listing in this rule. and uncontrolled, and any competition affects both the probability of larval We consider the threat from limited from nonnative plants or habitat survival and the body size of adults, number of populations and few (less modification by ungulates or fire could resulting in reduced adult fitness, than 50) individuals to be a serious and lead to the extirpation of these species. fecundity, and lifespan. Both soldier ongoing threat to the 6 plant species Competition for host plants with and nephritid flies have been suggested proposed for listing (Bidens nonnative tipulid flies is a threat to to impose a similar threat to Hawaiian hillebrandiana ssp. hillebrandiana, Drosophila digressa and is expected to Cyanea marksii, Cyrtandra wagneri, picture-wing flies (Montgomery 2005, in continue into the future because field Platydesma remyi, Schiedea diffusa ssp. litt.; Science Panel 2005, pp. 1–23). biologists report that these nonnative macraei, and S. hawaiiensis) because (1) flies are widespread and there is no Loss of Host Plant these species may experience reduced mechanism in place to control their reproductive vigor due to ineffective population growth. Loss of host plants Drosophila digressa is dependent on pollination or inbreeding depression; (2) (Charpentiera spp.) is a threat to the decaying stem bark from plants in the they may experience reduced levels of picture-wing fly, and we consider this genus Charpentiera for oviposition and genetic variability, leading to threat to continue into the future larval development (Montgomery 1975, diminished capacity to adapt and because field biologists have reported p. 95). Charpentiera is considered respond to environmental changes, that species of Charpentiera are highly susceptible to damage from alien thereby lessening the probability of declining in the wild. ungulates, such as pigs and goats, as long-term persistence; and (3) a single well as competition with nonnative catastrophic event may result in Proposed Determination for 15 Species plants (e.g., Omalanthus populifolius, extirpation of remaining populations We have carefully assessed the best Schinus terebinthifolius, and Psidium and extinction of the species. This scientific and commercial information cattleianum) (Foote and Carson 1995, threat applies to the entire range of each available regarding threats to each of the pp. 370–37; Science Panel 2005, pp. 1– species. 15 species proposed for listing. We find 23; Magnacca 2011b, pers.comm.). Bark- The threat to the picture-wing fly that each of the 13 plant species and the breeding Drosophila species are from limited numbers of individuals picture-wing fly face threats that are sensitive to bottlenecks in host plant and populations is ongoing and is ongoing and expected to continue into populations due to their dependence on expected to continue into the future the future throughout their ranges from older, senescent or dying plants because (1) this species may experience the present destruction and (Magnacca et al. 2008, p. 32). Altered reduced reproductive vigor due to modification of their habitats from decay cycles in host plants caused by inbreeding depression; (2) it may nonnative feral ungulates and nonnative genetic bottlenecks, or decreasing experience reduced levels of genetic plants (Factor A). Destruction and availability of host plants due to variability leading to diminished modification of habitat by development browsing and trampling by nonnative capacity to adapt and respond to and urbanization is a threat to one plant ungulates (pigs, goats, cattle, and environmental changes, thereby species (Bidens micrantha ssp. mouflon), competition with nonnative lessening the probability of long-term ctenophylla). Habitat destruction and plants, drought, or other phenomena persistence; (3) a single catastrophic modification from fire is a threat to can subsequently alter the life cycle of event (e.g., hurricane, drought) may three of the plant species (Bidens the picture-wing fly by disrupting the result in extirpation of remaining micrantha ssp. ctenophylla, Phyllostegia early stages of development. Predation populations and extinction of this floribunda, and Schiedea hawaiiensis) by nonnative beetles (the branch and species; and (4) species with few known and the picture-wing fly. Destruction twig borer (Amphicerus cornutus), the locations, such as Drosophila digressa, and modification of habitat from black twig borer (Xylosandrus are less resilient to threats that might rockfalls, landslides, treefalls, or heavy compactus), and weevils (Oxydema otherwise have a relatively minor rain is a threat to four plant species fusiforme) have been documented as impact on widely-distributed species. (Bidens hillebrandiana ssp.
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hillebrandiana, Cyanea marksii, Cyanea component of anchialine pool Therefore, we assessed the status of tritomantha, and Cyrtandra wagneri). ecosystems. Because anchialine pool each species throughout its entire range. Habitat loss or degradation due to health and the presence of hypogeal In each case, the threats to the survival drought is a threat to two plants, Bidens shrimp are interdependent, the loss of of these species occur throughout the micrantha ssp. ctenophylla and the shrimp changes ecological species’ ranges and are not restricted to Schiedea hawaiiensis, as well as to the succession by reducing herbivory of any particular portion of those ranges. picture-wing fly. We are concerned cyanobacteria and macroalgae allowing Accordingly, our assessment and about the effects of projected climate an overgrowth and change of pool flora. proposed determination applies to each change on all species, particularly rising This overgrowth changes the system species throughout its entire range, and temperatures, but recognize there is from clear, well-flushed basins to a we do not need to further consider the limited information on the exact nature system characterized by heavy status of each species in a significant of impacts that these species may sedimentation and poor water exchange portion of their respective ranges. experience. In addition, habitat loss or which increases the rate of pool Available Conservation Measures degradation is a threat to the anchialine senescence (Bailey-Brock and Brock pool shrimp Vetericaris chaceorum due 1993, pp. 338–355; Brock 2004, pp. iii Conservation measures provided to to sedimentation resulting from and 16) (Factor E) (see Table 3). These species listed as endangered or degradation of the immediate area threats are exacerbated by these species’ threatened under the Act include surrounding the Lua O Palahemo inherent vulnerability to extinction from recognition, recovery actions, anchialine pool. Sedimentation reduces stochastic events at any time because of requirements for Federal protection, and both food productivity and the ability of their endemism, small numbers of prohibitions against certain activities. Lua O Palahemo to support the individuals and populations, and Recognition through listing results in anchialine pool shrimp (Factor A). restricted habitats. public awareness and conservation by Overcollection for commercial and The Act defines an endangered Federal, State, and local agencies: recreational purposes poses a threat to species as any species that is ‘‘in danger Private organizations; and individuals. Pritchardia lanigera (Factor B). of extinction throughout all or a The Act encourages cooperation with Predation and herbivory on all 13 significant portion of its range’’ and a the States and requires that recovery plant species by feral pigs, goats, cattle, threatened species as any species ‘‘that actions be carried out for all listed sheep, mouflon, rats, slugs, two-spotted is likely to become endangered species. The protection measures leaf hoppers, or beetles poses a serious throughout all or a significant portion of required of Federal agencies and the and ongoing threat; as does predation of its range within the foreseeable future.’’ prohibitions against certain activities the picture-wing fly by nonnative wasps We find that each of these 15 endemic involving listed animals and plants are and ants (Factor C). species is presently in danger of discussed, in part, below. The inadequacy of existing regulatory extinction throughout its entire range, The primary purpose of the Act is the mechanisms (i.e., inadequate protection based on the severity and scope of the conservation of endangered and of habitat and inadequate protection ongoing and projected threats described threatened species and the ecosystems from the introduction of nonnative above. These threats are exacerbated by upon which they depend. The ultimate species) poses a serious and ongoing small population sizes, the loss of goal of such conservation efforts is the threat to all 15 species (Factor D). There redundancy and resiliency of these recovery of these listed species, so that are serious and ongoing threats to six species, and the continued inadequacy they no longer need the protective plant species (Bidens hillebrandiana of existing protective regulations. measures of the Act. Subsection 4(f) of ssp. hillebrandiana, Cyanea marksii, Therefore, on the basis of the best the Act requires the Service to develop Cyrtandra wagneri, Platydesma remyi, available scientific and commercial and implement recovery plans for the Schiedea diffusa ssp. macraei, and S. information, we have determined that conservation of endangered and hawaiiensis) and the picture-wing fly each of these species 15 species meets threatened species. The recovery due to factors associated with small the definition of an endangered species planning process involves the numbers of populations and under the Act. We therefore propose to identification of actions that are individuals; to Bidens micrantha ssp. list the following 15 species as necessary to halt or reverse the species’ ctenophylla, Cyrtandra nanawaleensis, endangered species in accordance with decline by addressing the threats to its Cyrtandra wagneri, and potentially to section 3(6) of the Act: The plants survival and recovery. The goal of this Pittosporum hawaiiense from Bidens hillebrandiana ssp. process is to restore listed species to a hybridization; to Cyanea tritomantha, hillebrandiana, B. micrantha ssp. point where they are secure, self- Pittosporum hawaiiense, Platydesma ctenophylla, Cyanea marksii, Cyanea sustaining, and functioning components remyi, and Pritchardia lanigera from the tritomantha, Cyrtandra nanawaleensis, of their ecosystems. lack of regeneration in the wild; and to Cyrtandra wagneri, Phyllostegia Recovery planning includes the the picture-wing fly from competition floribunda, Pittosporum hawaiiense, development of a recovery outline for host plants with nonnative flies and Platydesma remyi, Pritchardia lanigera, shortly after a species is listed, declining numbers of host plants. The Schiedea diffusa ssp. macraei, Schiedea preparation of a draft and final recovery anchialine pool shrimp is threatened by hawaiiensis, and Stenogyne cranwelliae; plan, and revisions to the plan as the intentional dumping of trash and the anchialine pool shrimp, Vetericaris significant new information becomes introduction of nonnative fish into its chaceorum; and the picture-wing fly, available. The recovery outline guides only known location. Nonnative fish Drosophila digressa. the immediate implementation of urgent drive anchialine species out of the Under the Act and our implementing recovery actions and describes the lighted, highly productive portion of the regulations, a species may warrant process to be used to develop a recovery pools into the surrounding water table listing if it is endangered or threatened plan. The recovery plan identifies site- bed rock, subsequently leading to the throughout all or a significant portion of specific management actions that will decimation of the benthic community its range. Each of the 15 Hawaii Island achieve recovery of the species, structure of the pool, and prey on and species proposed for listing in this rule measurable criteria that help to exclude native hypogeal shrimp that are is highly restricted in its range, and the determine when a species may be usually a dominant and essential faunal threats occur throughout its range. downlisted or delisted, and methods for
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monitoring recovery progress. Recovery cooperation provision of the Act are prohibitions apply to agents of the plans also establish a framework for codified at 50 CFR part 402. Section Service and State conservation agencies. agencies to coordinate their recovery 7(a)(1) of the Act mandates that all We may issue permits to carry out efforts and provide estimates of the cost Federal agencies shall utilize their otherwise prohibited activities of implementing recovery tasks. authorities in furtherance of the involving endangered or threatened Recovery teams (comprised of species purposes of the Act by carrying out wildlife or plant species under certain experts, Federal and State agencies, programs for the conservation of circumstances. Regulations governing nongovernmental organizations, and endangered and threatened species permits are codified at 50 CFR 17.22 stakeholders) are often established to listed pursuant to section 4 of the Act. and 17.62 for endangered wildlife and develop recovery plans. When Section 7(a)(2) of the Act requires plants, respectively. With regard to completed, the recovery outlines, draft Federal agencies to ensure that activities endangered wildlife, a permit must be recovery plans, and the final recovery they authorize, fund, or carry out are not issued for the following purposes: For plans will be available from our Web likely to jeopardize the continued scientific purposes, to enhance the site (http://www.fws.gov/endangered), existence of a listed species or result in propagation and survival of the species, or from our Pacific Islands Fish and destruction or adverse modification of and for incidental take in connection Wildlife Office (see FOR FURTHER critical habitat. If a Federal action may with otherwise lawful activities. For INFORMATION CONTACT). affect the continued existence of a listed endangered plants, a permit must be Implementation of recovery actions species or its critical habitat, the issued for scientific purposes or for the generally requires the participation of a responsible Federal agency must enter enhancement of propagation or survival. broad range of partners, including other into consultation with the Service. Requests for copies of the regulations Federal agencies, States, For the 15 plants and animals regarding listed species and inquiries nongovernmental organizations, proposed for listing as endangered about prohibitions and permits may be businesses, and private landowners. species in this rule, Federal agency addressed to U.S. Fish and Wildlife Examples of recovery actions include actions that may require consultation as Service, Pacific Region, Ecological habitat restoration (e.g., restoration of described in the preceding paragraph Services, Eastside Federal Complex, 911 native vegetation), research, captive include, but are not limited to, actions NE. 11th Avenue, Portland, OR 97232– propagation and reintroduction, and within the jurisdiction of the Natural 4181 (telephone 503–231–6131; outreach and education. The recovery of Resources Conservation Service, the facsimile 503–231–6243). many listed species cannot be U.S. Army Corps of Engineers, the U.S. It is our policy, as published in the accomplished solely on Federal lands Fish and Wildlife Service, and branches Federal Register on July 1, 1994 (59 FR because their range may occur primarily of the Department of Defense (DOD). 34272), to identify to the maximum or solely on non-Federal lands. To Examples of these types of actions extent practicable at the time a species achieve recovery of these species include activities funded or authorized is listed, those activities that would or requires cooperative conservation efforts under the Farm Bill Program, would not constitute a violation of on private and State lands. Environmental Quality Incentives section 9 of the Act. The intent of this If these species are listed, funding for Program, Ground and Surface Water policy is to increase public awareness of recovery actions will be available from Conservation Program, Clean Water Act the effect of a proposed listing on a variety of sources, including Federal (33 U.S.C. 1251 et seq.), Partners for proposed and ongoing activities within budgets, State programs, and cost share Fish and Wildlife Program, and DOD the range of species proposed for listing. grants for non-Federal landowners, the construction activities related to The following activities could academic community, and training or other military missions. potentially result in a violation of nongovernmental organizations. In The Act and its implementing section 9 of the Act; however, this list addition, under section 6 of the Act, the regulations set forth a series of general is not comprehensive: State of Hawaii would be eligible for prohibitions and exceptions that apply (1) Unauthorized collecting, handling, Federal funds to implement to all endangered wildlife and plants. possessing, selling, delivering, carrying, management actions that promote the The prohibitions, codified at 50 CFR or transporting of the species, including protection and recovery of the 15 17.21 for wildlife and 17.61 for plants, import or export across State lines and species. Information on our grant apply. These prohibitions, in part, make international boundaries, except for programs that are available to aid it illegal for any person subject to the properly documented antique species recovery can be found at: jurisdiction of the United States to take specimens of these taxa at least 100 http://www.fws.gov/grants. (includes harass, harm, pursue, hunt, years old, as defined by section 10(h)(1) Although these species are only shoot, wound, kill, trap, capture, or of the Act; proposed for listing under the Act at collect; or to attempt any of these), (2) Introduction of nonnative species this time, please let us know if you are import, export, ship in interstate that compete with or prey upon the 15 interested in participating in recovery commerce in the course of commercial species, such as the introduction of efforts for these species. Additionally, activity, or sell or offer for sale in competing, nonnative plants or animals we invite you to submit any new interstate or foreign commerce any to the State of Hawaii; and information on these species whenever listed wildlife species. It is also illegal (3) The unauthorized release of it becomes available and any to possess, sell, deliver, carry, transport, biological control agents that attack any information you may have for recovery or ship any such wildlife that has been life stage of these 15 species. planning purposes (see FOR FURTHER taken illegally. In addition, for plants Questions regarding whether specific INFORMATION CONTACT). listed as endangered, the Act prohibits activities would constitute a violation of Section 7(a) of the Act, as amended, the malicious damage or destruction on section 9 of the Act should be directed requires Federal agencies to evaluate areas under Federal jurisdiction and the to the Pacific Islands Fish and Wildlife their actions with respect to any species removal, cutting, digging up, or Office (see FOR FURTHER INFORMATION that is proposed or listed as endangered damaging or destroying of such plants CONTACT). Requests for copies of the or threatened with respect to its critical in knowing violation of any State law or regulations concerning listed animals habitat, if any is designated. Regulations regulation, including State criminal and general inquiries regarding implementing this interagency trespass law. Certain exceptions to the prohibitions and permits may be
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addressed to the U.S. Fish and Wildlife cannot otherwise be relieved, may 5658)), and our associated Information Service, Pacific Region, Ecological include regulated taking. Quality Guidelines, provide criteria, Services, Endangered Species Permits, Critical habitat receives protection establish procedures, and provide Eastside Federal Complex, 911 NE. 11th under section 7 of the Act through the guidance to ensure that our decisions Avenue, Portland, OR 97232–4181 prohibition against Federal agencies are based on the best scientific data (telephone 503–231–6131; facsimile carrying out, funding, or authorizing the available. They require our biologists, to 503–231–6243). destruction or adverse modification of the extent consistent with the Act and If made final, Federal listing of the 15 critical habitat. Section 7(a)(2) of the Act with the use of the best scientific data species included in this rule would requires consultation on Federal actions available, to use primary and original automatically invoke State listing under that may affect critical habitat. The sources of information as the basis for Hawaii’s Endangered Species law designation of critical habitat does not recommendations to designate critical (H.R.S. 195D 1–32) and supplement the affect land ownership or establish a habitat. protection available under other State refuge, wilderness, reserve, preserve, or When we are determining which areas laws. These protections would prohibit other conservation area. Such should be proposed as critical habitat, take of these species and encourage designation does not allow the our primary source of information is conservation by State government government or public access to private generally the information developed agencies. Further, the State would be lands. Such designation does not during the listing process for the able to enter into agreements with require implementation of restoration, species. Additional information sources Federal agencies to administer and recovery, or enhancement measures by may include the recovery plan for the manage any area required for the the landowner. Where a landowner species; articles in peer-reviewed conservation, management, seeks or requests Federal agency journals; conservation plans developed enhancement, or protection of funding or authorization that may affect by States and counties; scientific status endangered species (H.R.S. 195D–5). a listed species or critical habitat, the surveys and studies; biological Funds for these activities could be made consultation requirements of section assessments; or other unpublished available under section 6 of the Act 7(a)(2) of the Act would apply, but in materials and expert opinion or (Cooperation with the States). Thus, the the event of a destruction or adverse personal knowledge. Federal protection afforded to these modification finding, the Federal action Habitat is often dynamic, and species species by listing them as endangered agency’s and the applicant’s obligation may move from one area to another over species would be reinforced and is not to restore or recover the species, time. Furthermore, we recognize that supplemented by protection under State but to implement reasonable and critical habitat designated at a particular law. prudent alternatives to avoid point in time may not include all of the destruction or adverse modification of habitat areas that we may later Critical Habitat critical habitat. determine to be necessary for the Background For inclusion in a critical habitat recovery of the species, as additional designation, the habitat within the scientific information may become Critical habitat is defined in section 3 geographical area occupied by the available in the future. For these of the Act as: species at the time of listing must reasons, a critical habitat designation (i) The specific areas within the contain the physical or biological does not signal that habitat outside the geographical area occupied by a species, features essential to the conservation of designated area is unimportant or may at the time it is listed in accordance the species, and be included only if not be required for recovery of the with the Act, on which are found those those features may require special species. physical or biological features management considerations or The information currently available (I) Essential to the conservation of the protection. Critical habitat designations on the effects of global climate change species and identify, to the extent known using the and increasing temperatures does not (II) Which may require special best scientific and commercial data make sufficiently precise estimates of management considerations or available, habitat areas that provide the location and magnitude of the protection; and essential life cycle needs of the species. effects to allow us to incorporate this (ii) Specific areas outside the Under the Act and regulations at 50 CRF information into our current designation geographical area occupied by a species 424.12(e), we can designate critical of critical habitat, nor are we currently at the time it is listed, upon a habitat in areas outside the geographical aware of any climate change determination that such areas are area occupied by the species at the time information specific to the habitat of essential for the conservation of the it is listed only when we determine that any of the species being addressed in species. those areas are essential for the this proposed rule that would indicate Conservation, as defined under conservation of the species and that what areas may become important to the section 3 of the Act, means the use of designation limited to those areas species in the future. Therefore, we are all methods and procedures that are occupied at the time of listing would be unable to determine what additional necessary to bring an endangered or inadequate to ensure the conservation of areas, if any, may be appropriate to threatened species to the point at which the species. include in the proposed critical habitat the measures provided under the Act Section 4 of the Act requires that we for these species; however, we are no longer necessary. Such methods designate critical habitat on the basis of specifically request information from and procedures include, but are not the best scientific and commercial data the public on the currently predicted limited to, all activities associated with available. Further, our Policy on effects of climate change on the species scientific resources management, such Information Standards Under the addressed in this proposed rule and as research, census, law enforcement, Endangered Species Act (published in their habitats. Furthermore, we habitat acquisition and maintenance, the Federal Register on July 1, 1994 (59 recognize that designation of critical propagation, live trapping, FR 34271)), the Information Quality Act habitat may not include all of the transplantation, and, in the (section 515 of the Treasury and General habitat areas we may eventually extraordinary case where population Government Appropriations Act for determine are necessary for the recovery pressures within a given ecosystem Fiscal Year 2001 (Pub. L. 106–554; H.R. of the species, based on scientific data
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now available to the Service. For these seedlings, including P. lanigera expected to initiate such a threat to any reasons, a critical habitat designation (rarepalmseeds.com 2011; of the other species addressed in this does not signify that habitat outside of junglemusic.net 2012; ebay.com 2012). proposed rule. the designated area is unimportant or Several nurseries advertise and sell We reviewed the information may not be required for the recovery of seedlings and young plants, including at available for the 13 plants, anchialine the species. least 13 species of Hawaiian Pritchardia. pool shrimp, and picture-wing fly Areas that are important to the Seven of these species are federally proposed for listing in this rule, and the conservation of the species, but are protected, including P. affinis and P. endangered plant Mezoneuron outside the critical habitat designation, schattaueri on Hawaii Island (ebay.com kavaiense, pertaining to the biological will continue to be subject to 2012; junglemusic.net 2012). Seeds of needs of these 16 species and conservation actions we implement the endangered P. hardyi on Kauai have characteristics of their last known under section 7(a)(1) of the Act. Areas been illegally removed from an habitats. In the absence of finding that that support populations are also subject outplanting site in the past (75 FR the designation of critical habitat would to the regulatory protections afforded by 18960, April 13, 2010), and there is increase threats to a species, if there are the section 7(a)(2) jeopardy standard, as evidence of vandalism and illegal any benefits to a critical habitat determined on the basis of the best collection of other species of designation, then a prudent finding is available scientific information at the endangered Pritchardia palms on Kauai warranted. The potential benefits to the time of the agency action. Federally (75 FR 18960, April 13, 2010). In the 15 species proposed for listing and the funded or permitted projects affecting 1990s, seeds of the endangered P. endangered plant Mezoneuron listed species outside their designated schattaueri were removed from plants kavaiense include: (1) Triggering critical habitat areas may require in two of the three locations on Hawaii consultation under section 7 of the Act, consultation under section 7 of the Act Island where this species was known at in new areas for actions in which there and may still result in jeopardy findings that time (PEPP 2007, in litt.). We do not may be a Federal nexus where it would in some cases. Similarly, critical habitat believe that the designation of critical not otherwise occur because, for designations made on the basis of the habitat for P. lanigera will increase the example, it is or has become best available information at the time of threat of overcollection for the following unoccupied or the occupancy is in designation will not control the reasons: (1) The area of the known question; (2) focusing conservation direction and substance of future locations is extremely difficult to access activities on the most essential features recovery plans, habitat conservation because most of the rigorous and steep and areas; (3) providing educational plans (HCPs), section 7 consultations, or trails leading into Waimanu and benefits to State or county governments other species conservation planning neighboring valleys were destroyed in or private entities; and (4) preventing efforts if any new information available the 2005 Kona earthquake (Magnacca people from causing inadvertent harm to these planning efforts calls for a 2011b, pers. comm.); and (2) critical to the species. The primary regulatory effect of different outcome. habitat designation, as proposed, does critical habitat is the section 7(a)(2) not identify the specific location of Prudency Determination for 15 requirement that Federal agencies individual species . In addition, we Proposed Species and 2 Listed Species refrain from taking any action that believe that the potential benefit to P. on Hawaii Island destroys or adversely modifies critical lanigera from designating critical habitat Section 4(a)(3) of the Act, as habitat. We find that the designation of is that the designation could serve to amended, and implementing regulations critical habitat for each of the 15 species educate landowners, State and local (50 CFR 424.12) require that, to the proposed for listing in this rule and the maximum extent prudent and government agencies, and the general endangered plant Mezoneuron determinable, the Secretary designate public regarding the potential kavaiense would benefit them by critical habitat at the time a species is conservation value of the area. serving to focus conservation efforts on determined to be endangered or Therefore, we find that the designation the restoration and maintenance of threatened. Our regulations at 50 CFR of critical habitat for P. lanigera is ecosystem functions that are essential 424.12(a)(1) state that designation of prudent. for attaining their recovery and long- critical habitat is not prudent when one At the time we listed the plant term viability. In addition, the or both of the following situations exist: Mezoneuron kavaiense (uhiuhi) as designation of critical habitat serves to (1) The species is threatened by taking endangered we found that designation inform management and conservation or other human activity, and of critical habitat was not prudent decisions by identifying any additional identification of critical habitat can be because publication of the location of a physical or biological features of the expected to increase the degree of threat species-specific critical habitat ecosystem that may be essential for the to the species; or (2) such designation of description would increase the risk of conservation of certain species. critical habitat would not be beneficial taking or vandalism, while providing no Therefore, as we have determined that to the species. additional benefit to the species (51 FR the designation of critical habitat will As we have discussed under the 24672; July 8, 1986). However, we have not likely increase the degree of threat threats analysis for Factor B, above, examined the best available information to the species and may provide some there is currently no documentation that and found no current information to measure of benefit, we find that 14 of the 15 species proposed for listing indicate that this plant is currently designation of critical habitat is prudent are threatened by taking or other human threatened by overcollection or for the following 16 species, as critical activity. Overcollection is a threat to the vandalism, or is otherwise used for habitat would be beneficial and there is plant Pritchardia lanigera (see commercial, recreational, scientific, or no evidence that the designation of ‘‘Overutilization for Commercial, educational purposes. Thus, we believe critical habitat would result in an Recreational, Scientific or Educational there is a benefit to a critical habitat increased threat from taking or other Purposes,’’ above). Rare palm trees are designation for this species (see human activity for these species: highly desirable to collectors, and there discussion below). Moreover, we have (1) Plants— Bidens hillebrandiana is an active Internet sale and online no current information to indicate that ssp. hillebrandiana, Bidens micrantha auction market for their seeds and identification of critical habitat is ssp. ctenophylla, Cyanea marksii,
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Cyanea tritomantha, Cyrtandra determinable for the listed plant, Proposed Critical Habitat for Bidens nanawaleensis, Cyrtandra wagneri, Mezoneuron kavaiense, and are micrantha ssp. ctenophylla, Mezoneuron kavaiense, Phyllostegia including critical habitat for it in this Isodendrion pyrifolium, and floribunda, Pittosporum hawaiiense, proposal. In addition, we are including Mezoneuron kavaiense on Hawaii Platydesma remyi, Pritchardia lanigera, critical habitat for a third species, the Island Schiedea diffusa ssp. macraei, Schiedea plant Isodendrion pyrifolium listed as In this section, we discuss the hawaiiense, and Stenogyne cranwelliae; endangered in 1994 (59 FR 10305; proposed designation of critical habitat (2) Animals— insects: Drosophila March 4, 1994). We had previously for three plant species (Bidens digressa; crustaceans: Vetericaris determined that critical habitat was micrantha ssp. ctenophylla, Isodendrion chaceorum. In this rule, we are also proposing prudent and determinable (67 FR 36968; pyrifolium, and Mezoneuron kavaiense). critical habitat for the listed plant, May 28, 2002) and proposed areas as Bidens micrantha ssp. ctenophylla is 1 Isodendrion pyrifolium. We previously critical habitat for Isodendrion of the 15 species proposed for listing in found that critical habitat is prudent pyrifolium on Hawaii Island. However, this rule, for which critical habitat was and determinable (67 FR 36968; May 28, in the final rule for Hawaii Island plants determined to be prudent and 2002) for Isodendrion pyrifolium on (68 FR 39624, July 2, 2003), the areas determinable. Critical habitat wa for Hawaii Island, but we did not designate proposed for critical habitat for this Isodendrion pyrifolium on the island of any critical habitat for the species in species were excluded from final Hawaii, but was excluded from 2003, as discussed below. designation under section 4(b)(2) of the designation as critical habitat under Act (see discussion regarding section 4(b)(2) of the Act in the final Critical Habitat Determinability for 16 ‘‘Reconsideration of Lands Previously rule published on July 2, 2003 (68 FR Species on Hawaii Island Excluded Under Section 4(b)(2) of the 39624). In this proposed rule, we have determined that critical habitat is both As stated above, section 4(a)(3) of the Act’’). Act requires the designation of critical prudent and determinable for the listed habitat concurrently with the species’ The species Bidens micrantha ssp. plant species Mezoneuron kavaiense. ctenophylla, which is proposed for listing ‘‘to the maximum extent prudent Background for the Listed Plants and determinable.’’ Our regulations at listing in this rule, and the listed species Isodendrion pyrifolium and Mezoneuron Isodendrion pyrifolium and 50 CFR 424.12(a)(2) state that critical Mezoneuron kavaiense habitat is not determinable when one or kavaiense co-occur in the same lowland both of the following situations exist: dry ecosystem on the island of Hawaii. It is our intent to discuss only those (i) Information sufficient to perform These three species (Bidens micrantha topics directly relevant to the proposed required analyses of the impacts of the ssp. ctenophylla, Isodendrion designation of critical habitat on the designation is lacking, or pyrifolium, and Mezoneuron kavaiense) island of Hawaii. For additional (ii) The biological needs of the species share many of the same physical or information on Isodendrion pyrifolium are not sufficiently well known to biological features (e.g., elevation, and its proposed critical habitat on permit identification of an area as annual rainfall, substrate, associated Oahu, Molokai, and Maui, refer to the critical habitat. native plant genera) as well as the same proposed rules for Listing 23 Species on When critical habitat is not threats from development, fire, and Oahu as Endangered and Designating Critical Habitat for 124 Species (76 FR determinable, the Act provides for an nonnative ungulates and plants. In this 46362; August 2, 2011) and the additional year to publish a critical proposed rule, we have identified areas proposed rule Listing 38 Species on habitat designation (16 U.S.C. that provide the physical or biological 1533(b)(6)(C)(ii)). Molokai, Lanai, and Maui as Pursuant to section 4(a)(3) of the Act features essential for the conservation of Endangered and Designating Critical we are to designate critical habitat to the these three species and areas that are Habitat on Molokai, Lanai, Maui, and maximum extent prudent and essential for the conservation of these Kahoolawe for 135 Species (77 FR determinable at the time a species is three species in the lowland dry 34464; June 11, 2012). For additional proposed for listing. In our previous ecosystem on the island of Hawaii. information on the listed endangered discussion, we indicated that the Therefore, we find that critical habitat is plant Mezoneuron kavaiense, which designation of critical habitat would determinable for Bidens micrantha ssp. does not have designated critical habitat provide a benefit for the 15 species ctenophylla, Isodendrion pyrifolium, in Hawaii, please refer to the listing rule proposed for listing in this rule, and the and Mezoneuron kavaiense in this rule. published in the Federal Register on plant, Mezoneuron kavaiense listed as However, for the remaining 14 species July 8, 1986 (51 FR 24672). endangered in 1986 (51 FR 24672; July proposed for listing in this rule, we do Currently designated critical habitat 8, 1986). As a consequence, we not have the analysis necessary to refine on the island of Hawaii includes critical determined that the designation of the identification of the physical and habitat for the plant Kokia drynarioides critical habitat for these 16 species is biological features and delineate the (49 FR 47397, December 4, 1984), and 41 other listed plants (68 FR 39624, July prudent. specific areas that contain those features Next we are to evaluate whether the 2, 2003), Blackburn’s sphinx moth (68 in the appropriate arrangement and designation of critical habitat is FR 34710, June 10, 2003), and 3 picture- determinable, and if so, propose critical quantity or the specific unoccupied wing flies (73 FR 73794, December 4, habitat concurrent with our proposed areas essential to the species’ 2008). Approximately 55 percent of the listing. At this time, we have found that conservation. As a result, we find that area being proposed as critical habitat in the designation of critical habitat is for the remaining 14 species that we are this rule overlaps with these areas determinable for only one species that proposing to list in this rule, the previously designated as critical habitat. we are proposing to list, Bidens designation of critical habitat is not In some areas, the footprint of the micrantha ssp. ctenophylla, and are determinable at this time. proposed critical habitat is larger than including critical habitat for it in this the 1984, 2003, and 2008 designations, proposal. We also find that the to accommodate the future expansion of designation of critical habitat is one or more of the three species’
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populations within the particular Plants are under propagation at the 2010n), the TNC database (TNC 2007— ecosystem in which they occur (e.g., Volcano Rare Plant Facility and at the Ecosystem Database of ArcMap expansion into unoccupied habitat). The Future Forests Nursery for seed Shapefiles, unpublished), and our own proposed critical habitat correlates each production and for outplanting (VRPF rare plant database; species’ physical or biological 2010, in litt.; VRPF 2011, in litt; Wagner • Species information from the plant requirements with the characteristics of 2011b, in litt.). Five I. pyrifolium plants database housed at NTBG; the lowland dry ecosystem within have been outplanted at the Kaloko- • Maps of habitat essential to the which they occur (e.g., elevation, Honokohau National Historical Park recovery of Hawaiian plants, as rainfall, species associations, etc.), and (NHP), and another 20 plants were determined by the Hawaii and Pacific also includes areas unoccupied by the outplanted in Puu Waawaa and Plant Recovery Coordinating Committee species but determined to be essential Kaupulehu in 2010 (Wagner 2011c, in (HPPRCC 1998, 32 pp. + appendices); for the conservation of the species. The litt.). There are plans to outplant an • Maps of important habitat for the proposed critical habitat will enable additional 25 plants at both Kealakehe recovery of plants protected under the managers to focus conservation and Kaupulehu (Wagner 2011c, in litt.). Act (USFWS 1999, pp. F12); management efforts on common threats Critical habitat for this species is also • and facilitate the restoration of the being proposed on the islands of Oahu The Nature Conservancy’s ecosystem function and species-specific (76 FR 46362; August 2, 2011), and Ecoregional Assessment of the Hawaiian habitat needs for the recovery of Bidens Maui and Molokai (77 FR 34464; June High Islands (2006) and ecosystem maps micrantha ssp. ctenophylla, Isodendrion 11, 2012). There is no currently (TNC 2007—Ecosystem Database of pyrifolium, and Mezoneuron kavaiense. designated critical habitat for this plant ArcMap Shapefiles, unpublished); • This information represents the best on Hawaii Island. Color mosaic 1:19,000 scale digital current scientific and commercial Mezoneuron kavaiense (uhiuhi), a aerial photographs for the Hawaiian information available. medium-sized tree in the pea family Islands (March 2006 to January 2009); (Fabaceae), was known historically from • Island-wide Geographic Information Current Status of Isodendrion Kauai, Oahu, Lanai, Maui, and Hawaii System (GIS) coverage (e.g., Gap pyrifolium and Mezoneuron kavaiense (Geesink et al. 1999, pp. 647–648). At Analysis Program (GAP) vegetation data The plant, Bidens micrantha ssp. the time of listing in 1986, a single large of 2005; ctenophylla, is proposed for listing as occurrence of approximately 30 • 1:24,000 scale digital raster graphics endangered in this rule. For the status individuals at Puu Waawaa contained of U.S. Geological Survey (USGS) of B. micrantha ssp. ctenophylla see the majority of individuals of this topographic quadrangles; Description of the 15 Species Proposed species on Hawaii Island (51 FR 24672, • Geospatial data sets associated with for Listing above. July 8, 1986; HBMP 2010m). In 1992, a parcel data from Hawaii County (2008); Isodendrion pyrifolium (wahine noho second occurrence of 21 individuals • kula), a perennial shrub in the violet Recent biological surveys and was discovered at Kealakehe (USFWS reports; and family (Violaceae), is known from 1994, p. 14; HBMP 2010m). In 1993, fire • Discussions with qualified Niihau, Oahu, Molokai, Lanai, Maui, within a kipuka (an area of older land individuals familiar with these species and Hawaii (Wagner et al. 1999k, p. within the younger Kaupulehu lava and ecosystems. 1,331). Isodendrion pyrifolium was flow) destroyed 80 percent of the thought to be extinct since 1870, but individuals known from Puu Waawaa. Based upon all of this data, we was rediscovered in 1991 at Kealakehe, Surveys in 2006 reported the number of determined that those portions of the near Kailua on the island of Hawaii. In individuals at Puu Waawaa to be lowland dry ecosystems being proposed 2003, I. pyrifolium was only known approximately 50 to 100 individuals for critical habitat designation in this from a single occurrence of (HBMP 2010m). In addition, recently rule are either currently occupied or approximately nine individuals at new information documented 13 were occupied at the time of listing by Kealakehe on the island of Hawaii (68 individuals near Waikoloa Village one or more of the 3 species addressed FR 39624, July 2, 2003). Currently, there (Faucette 2010, p. 3). Currently, M. in this rule. These areas contain the are no extant occurrences on Oahu, kavaiense is found in 4 occurrences physical or biological features essential Lanai, Molokai, or Maui. Surveys in totaling 90 to 140 individuals in the to the conservation of the species, or to 2006 and 2007 have documented the lowland dry ecosystem of Hawaii Island the extent that they are not currently decline of the total number of (HBMP 2010m). Critical habitat is not occupied by one or more of the three individuals at Kealakehe (from nine currently designated for this plant. species, they are essential for the individuals in 2003, to four individuals conservation of the species (TNC 2006b, in 2006, to three individuals in 2007) Methods pp. 1–2)). (David 2007, pers. comm. in USFWS As required by section 4(b) of the Act, Physical or Biological Features 2008, in litt.). Currently, there are only we used the best scientific data two wild individuals at Kealakehe, in available in determining those areas that In accordance with section 3(5)(A)(i) the lowland dry ecosystem (Wagner contain the physical or biological and 4(b)(1)(A) of the Act and the 2011b, in litt.). The two wild features essential to the conservation of regulations at 50 CFR 424.12, in individuals are found within two small, the three species, and for which determining which areas within the managed preserves situated in an urban designation of critical habitat is geographical area occupied at the time setting. The larger 26-ac (11-ha) preserve considered prudent, by identifying the of listing to propose as critical habitat, is bordered by a high school, residential occurrence data for each species and we consider the physical and biological development, and construction of the determining the ecosystems upon which features essential to the conservation of Kealakehe portion of Ane Keohokalole they depend. This information was the species and which may require Highway. The smaller 4-ac (1-ha) developed by using: special management considerations or preserve is bordered by the same • The known locations of the three protection. These physical or biological highway construction and open space. species, including site-specific species features provide the essential life- Three individuals are represented in ex information from the HBMP database history requirements of the species, and situ collections (PEPP 2011, p. 32). (HBMP 2010b; HBMP 2010m; HBMP include, but are not limited to:
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(1) Space for individual and time of listing would be insufficient to be the elements of physical or biological population growth and for normal achieve recovery objectives. features that provide for a species’ life- behavior; We have derived the specific physical history processes and are essential to (2) Food, water, air, light, minerals, or and biological features required for each the conservation of the species. The other nutritional or physiological of the two listed plants, Isodendrion PCEs identified in this proposed rule requirements; pyrifolium and Mezoneuron kavaiense, take into consideration the ecosystem in (3) Cover or shelter; from studies of the species’ habitat, which each species occurs and reflects (4) Sites for breeding, reproduction, ecology, and life history. In addition, we a distribution that we believe is rearing (or development) of offspring, have reevaluated the physical and essential to achieving the species’ germination, or seed dispersal; and biological features for I. pyrifolium recovery needs within that ecosystem. (5) Habitats that are protected from based on ecosystem definitions using In this proposal, PCEs for each of the disturbance or are representative of the species information from the 2003 Final three species are defined based on those historical geographical and ecological Designation and Nondesignation of physical or biological features essential distributions of a species. Critical Habitat for 46 Plant Species to support the successful functioning of For plant species, ecosystems that From the Island of Hawaii, HI (68 FR the ecosystem upon which each species provide appropriate seasonal wetland 39624, July 2, 2003) and new scientific depends, and which may require special and dry land habitats, host species, information that has become available management considerations or pollinators, soil types, and associated since that time. Bidens micrantha ssp. protection. As the conservation of each plant communities are taken into ctenophylla is found in locations with species is dependent upon a functioning consideration when determining the the same substrate age and soil type as ecosystem to provide its fundamental physical or biological features essential Isodendrion pyrifolium and Mezoneuron life requirements, such as a certain soil for a species. kavaiense, and is known to share the type, minimum level of rainfall, or The recovery plans (Recovery Plan for same land cover (vegetation) type as suitable native host plant, we consider Caesalpinia kavaiensis and Kokia Mezoneuron kavaiense throughout over the physical or biological features drynarioides, June 1994; and Recovery 85 percent of its range (HBMP 2010m). present in the ecosystem described in Plan for the Big Island Plant Cluster, Therefore, we believe that B. micrantha this rule to provide the necessary September 1996) identify several actions ssp. ctenophylla shares the same elements for each of the three species in needed to recover the endangered physical or biological features that we this proposal. The ecosystem’s features Isodendrion pyrifolium and Mezoneuron have determined for Isodendrion collectively provide the suite of kavaiense, including: Expanding pyrifolium and Mezoneuron kavaiense. environmental conditions essential to existing wild populations and When designating critical habitat in meeting the requirements of each of the reestablishing wild populations within occupied areas, we focus on the three species, including the appropriate the historic range. These actions are also physical or biological features that may microclimatic conditions for needed to recover Bidens micrantha ssp. be essential to the conservation of the germination and growth of the plants ctenophylla because this species, found species and which may require special (e.g., light availability, soil nutrients, in the same habitat as the two listed management considerations or hydrologic regime, temperature), and in plants, faces the same threats. protections. In unoccupied habitat, we all cases, space within the appropriate Furthermore, because of their small focus on whether the area is essential to habitats for population growth and numbers or low population sizes, each the conservation of the species. The expansion, to maintain the historical, of the three species requires suitable currently proposed physical or geographical, and ecological habitat and space for the expansion of biological features for occupied areas, in distribution of each species. In the case existing populations to achieve a level conjunction with the unoccupied areas of Isodendrion pyrifolium, due to its that could approach recovery. We have needed to expand and reestablish wild recent rediscovery and limited determined that to recover these populations within their historical geographic distribution at one known species, it is essential to conserve range, provide a more accurate picture occurrence, the more general suitable habitat in both occupied and of the geographic areas needed for the description of the physical or biological unoccupied units, which will in turn recovery of each species. We believe features that provide for the successful allow for the establishment of additional this information will be helpful to function of the ecosystem that is populations through natural recruitment Federal agencies and our other partners, essential to the conservation of the or managed reintroductions. as we collectively work to recover these species represents the best, and in many Establishment of these additional imperiled species. cases, the only, scientific information populations will increase the likelihood Under the Act and its implementing available. Accordingly, the physical or that the species will survive and recover regulations, we are required to identify biological features of the lowland in the face of normal and stochastic the physical or biological features ecosystem are the physical or biological events (e.g., hurricanes, fire, and essential to the conservation of the three features essential to the conservation of nonnative species introductions) species for which we are proposing the three species at issue here. (Mangel and Tier 1994, p. 612; Pimm et critical habitat. We identify these Table 4 identifies the physical or al. 1998, p. 777; Stacey and Taper 1992, features in areas occupied at the time of biological features of a functioning p. 27). In this regard, the designation of listing, focusing on the features’ primary lowland dry ecosystem, which each of critical habitat limited to the geographic constituent elements. We consider the the three species identified in this rule areas occupied by the species at the primary constituent elements (PCEs) to requires.
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TABLE 4—PRIMARY CONSTITUENT ELEMENTS OF THE LOWLAND DRY ECOSYSTEM
Annual Potential habitat for one or more of these associated native plant Ecosystem Elevation precipita- Substrate genera tion Canopy Subcanopy Understory
Lowland Dry 2 ...... < 3,300 ft < 50 in Weathered silty loams Diospyros, Erythrina, Chamaesyce, Alyxia, Artemisia, (<1,000 m) (<130 cm) to stony clay, rocky Metrosideros, Dodonaea, Bidens, Capparis, ledges, little-weath- Myoporum, Osteomeles, Chenopodium, ered lava. Pleomele, Psydrax, Scaevola, Nephrolepis, Santalum, Sapindus. Wikstroemia. Peperomia, Sicyos.
Table 4 indicates that the specific section titled ‘‘Proposed Critical Habitat restricted to the lowland dry ecosystem elements or PCEs in the lowland dry Designation,’’ below. in the north Kona and south Kohala ecosystem include elevations of less The proposed critical habitat is a regions. The initial polygons were than 3,300 ft (1,000 m); annual combination of areas currently occupied superimposed over digital topographic precipitation of less than 50 in (130 cm); by these three species, as well as areas maps of the island of Hawaii and further weathered silty loams to stony clay, that may be currently unoccupied. The evaluated. In general, land areas that rocky ledges, and little-weathered lava; best available scientific information were identified as highly degraded were and potential habitat for one or more suggests that these species either removed from the proposed critical genera of the subcanopy plants presently occur within, or have habitat units, and natural or manmade Chamaesyce, Dodonaea, Osteomeles, occupied, these habitats. A properly features (e.g., ridge lines, valleys, Psydrax, Scaevola, and Wikstroemia, functioning ecosystem provides the streams, coastlines, roads, obvious land one or more of the understory plants physical or biological features that features, etc.) were used to delineate the Alyxia, Artemisia, Bidens, Capparis, support life-history requirements of the proposed critical habitat boundaries. Chenopodium, Nephrolepis, Peperomia, species that rely on the ecosystem, and The critical habitat areas described and Sicyos, and one or more of the the specific elements or PCEs essential below constitute our best assessment of genera of the canopy species Diospyros, for the conservation of the species that the physical or biological features Erythrina, Metrosideros, Myoporum, occur there. In addition, due to the essential for the conservation of the Pleomele, Santalum, and Sapindus. small population sizes, few numbers of three plant species, and the unoccupied individuals, and reduced geographic areas essential for the species’ Criteria Used To Identify Critical range of each of the three species for Habitat Boundaries conservation by providing for the which critical habitat is here proposed, expansion of existing populations. The we have determined that a designation approximate size of each of the seven We considered several factors in the limited to known present range of each plant critical habitat sections and the selection and proposal of specific species would be inadequate to achieve status of their land ownership, are boundaries for critical habitat for these the conservation of those species. The identified in Table 5A. As noted in three species. We propose to designate areas that may have been unoccupied at Table 5A, all areas proposed for critical critical habitat on lands that contain the the time of listing have been determined habitat designation are found within the physical or biological features essential to be essential for the conservation and lowland dry ecosystem. Table 5B to conserving multiple species, based on recovery of the species because they identifies the areas under consideration their shared dependence on the provide the habitat necessary for the for exclusion from critical habitat functioning ecosystem they have in expansion of existing wild populations designation under section 4(b)(2) of the common. The lowland dry ecosystem and reestablishment of wild populations that supports the three plant species within the historical range of the Act (see Exclusions, below). addressed here does not form a species. Designating unoccupied critical When determining critical habitat contiguous area, and is divided into habitat for these species would promote boundaries within this proposed rule, seven geographic subunits that we refer conservation actions to restore their we made every effort to avoid including to as ‘‘sections.’’ Although we do not historical, geographical, and ecological developed areas such as buildings, usually refer to areas of critical habitat representation, which is essential for paved areas, and other structures that as sections, compliance with Federal their recovery. Critical habitat lack the physical or biological features Register publication requirements boundaries for all species were essential for the conservation of the necessitated the subdivision into delineated to clearly depict and promote three plant species. The scale of the smaller subunits to correspond with the recovery and conservation of these maps we prepared under the parameters existing critical habitat units currently species by identifying the functioning for publication within the Code of published in the Code of Federal ecosystem on which they depend. Federal Regulations may not reflect the Regulations (CFR), as some of the Current and historical species exclusion of such developed areas. Any proposed critical habitat for the three location information was used to such structures and the land under them plant species overlies critical habitat develop initial critical habitat inadvertently left inside critical habitat already designated for other plants on boundaries (polygons) in the lowland boundaries shown on the maps of this the island of Hawaii. We, thus, refer to dry ecosystem that would individually proposed rule have been excluded by ‘‘sections’’ here in order to retain the and collectively provide for the text in the proposed rule and are not focus on the contiguous ecosystem areas conservation of the three species proposed for designation as critical of interest in this proposed rule, while addressed in this proposed rule. For habitat. Therefore, Federal actions recognizing that multiple critical habitat these three species, we propose critical involving these areas would not trigger units may comprise these sections. habitat only in the geographic area of section 7 consultation with respect to Further details are provided under the historical occurrence, which is critical habitat unless the specific action
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would affect the adjacent critical habitat or its primary constituent elements.
TABLE 5A—CRITICAL HABITAT PROPOSED FOR Bidens micrantha SSP. ctenophylla, Mezoneuron kavaiense, AND Isodendrion pyrifolium ON THE ISLAND OF HAWAII [Totals may not sum due to rounding]
Corresponding critical habitat Proposed critical Size of Size of map in the Code habitat area section section in State Federal County Private of in acres hectares Federal Regula- tions (CFR)
Hawaii—Lowland Dry
—Section 1 Unit 10 ...... 2,914 1,179 2,914 ...... Map 39a. Unit 31 ...... 9,936 4,021 7,101 ...... 2,834 Map 104. —Unit 32 ...... 1,779 720 21 ...... 1,758 Map 105. —Unit 33 ...... 1,583 640 1,080 ...... 502 Map 106. —Unit 34 ...... 961 389 259 ...... 702 Map 106. —Unit 35 ...... 1,192 485 606 ...... 19 568 Map 106. —Unit 36 ...... 402 163 5 397 ...... Map 106.
Total Low- 18,766 7,597 11,986 397 19 6,364 land Dry.
TABLE 5B—AREAS UNDER CONSIDERATION FOR EXCLUSION UNDER SECTION 4(B)(2) OF THE ACT [Totals may not sum due to rounding]
Total area pro- posed as critical Area considered Owner habitat in acres for exclusion in (hectares) acres (hectares)
Kamehameha Schools ...... 2,834 (1,147) 2,834 (1,147) Palamanui Global Holdings LLC ...... 502 (203) 502 (203) Kaloko Properties Corp...... 48 (19) 48 (19) Lanihau Properties ...... 47 (19) 47 (19) SCD–TSA Kaloko Makai LLC ...... 558 (226) 558 (226) TSA Corporation ...... 26 (10) 26 (10) Department of Hawaiian Home Lands ...... 446 (181) 87 (35)
Total ...... 4,461 (1,805) 4,099 (1,659)
The proposed critical habitat Special Management Considerations or three Hawaii Island species for which designation is defined by the maps, as Protections we are proposing to designate critical modified by any accompanying The term critical habitat is defined in habitat. regulatory text, presented at the end of section 3(5)(A) of the Act, in part, as For each of the three species currently this document in the rule portion. We geographic areas on which are found found in the wild on Hawaii Island, we include more detailed information on these physical or biological features have determined that the features the boundaries of the proposed critical essential to the conservation of the essential to their conservation are those habitat designation in the preamble of species and ‘‘which may require special required for the successful functioning this document. We will make the management considerations or of the lowland dry ecosystem in which coordinates or plot points or both on protection.’’ they occur (see Table 4 above). Special which each map is based available to In identifying critical habitat in management considerations or the public on http:// occupied areas, we determine whether protections are necessary throughout the www.regulations.gov at Docket No. those areas that contain the features critical habitat areas proposed here to [FWS–R1–ES–2012–0070], on our essential to the conservation of the avoid further degradation or destruction Internet site http://www.fws.gov/ species require any special management of the habitat that provides those pacificislands, and at the Pacific Islands actions. Although the determination features essential to their conservation. Fish and Wildlife Office responsible for that special management may be The primary threats to the physical or the designation. You may obtain field required is not a prerequisite to biological features essential to the office location information by designating critical habitat in conservation of these three species contacting one of the Service regional unoccupied areas, special management include habitat destruction and offices, the addresses of which are listed is needed throughout all of the proposed modification by development, at 50 CFR 2.2. critical habitat units. The following nonnative ungulates, competition with discussion of special management needs nonnative species, hurricanes, fire, is, therefore, applicable to each of the drought, and climate change. The
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reduction of these threats will require contains features essential for the 17.99 are additionally provided for ease the implementation of special conservation of the species that may of reference in the CFR. management actions within each of the require special management critical habitat areas identified in this considerations or protection to ensure Descriptions of Proposed Critical proposed rule. the conservation of the three plant Habitat All proposed critical habitat requires species for which we are proposing Hawaii—Lowland Dry—Section 1 special management actions to address critical habitat. These special consists of 10,015 ac (4,053 ha) of State the ongoing degradation and loss of management considerations and land, and 2,834 ac (1,147 ha) of habitat caused by agricultural and urban protections are required to preserve and privately owned land for a total of development. Urbanization also maintain the essential features provided 12,849 ac (5,200 ha), from Puu Waawaa increases the likelihood of wildfires to these species by the lowland dry to Kaupulehu on the northwestern slope ignited by human sources. Without ecosystem upon which they depend. protection and special management, The specific areas proposed for critical of Hualalai between the elevations of habitat containing the features that are habitat that are outside the geographical 760 and 2,600 ft (231 and 793 m) (Figure essential for the conservation of these area occupied by these species have 2). The section includes 2,914 ac (1,179 species will continue to be degraded been determined to be essential for their ha) of State land within previously and destroyed. conservation. designated critical habitat and 9,936 ac All proposed critical habitat requires (4,021 ha) of newly proposed critical active management to address the Proposed Critical Habitat Designation habitat on 7,101 ac (2,874 ha) of State ongoing degradation and loss of native We are proposing 18,766 ac (7,597 ha) land and 2,834 ac (1,147 ha) of privately habitat caused by nonnative ungulates as critical habitat in 7 units within the owned land. The area that falls within (goats and cattle). Nonnative ungulates lowland dry ecosystem for Bidens designated critical habitat lies within also impact the habitat through micrantha ssp. ctenophylla, Isodendrion Hawaii Unit 10 of 50 CFR 17.99(k), Map predation and trampling. Without this pyrifolium, and Mezoneuron kavaiense. 39a, and proposed new critical habitat special management, habitat containing (See Table 5A above for details). Of Hawaii Unit 31, Map 104. The area of the features that are essential for the these proposed units, 10,304 ac (4,170 Section 1 that overlaps previously conservation of these species will ha), or 55 percent, are already designated critical habitat includes continue to be degraded and destroyed. designated as critical habitat for other critical habitat for the following listed All proposed critical habitat requires listed species. The proposed critical plant species: Bonamia menziesii, active management to address the habitat includes land under State, Colubrina oppositifolia, Hibiscadelphus ongoing degradation and loss of native County of Hawaii, Federal (Kaloko- hualalaiensis, Neraudia ovata, and habitat caused by nonnative plants. Honokohau NHP), and private Nothocestrum breviflorum. This section Special management is also required to ownership. The critical habitat units we is occupied by the plants Bidens prevent the introduction and spread of describe below constitute our current micrantha spp. ctenophylla and nonnative plant species into native best assessment of those areas that meet Mezoneuron kavaiense and includes the habitats. Particular attention is required the definition of critical habitat for the mixed herbland and shrubland, the in nonnative plant control efforts to three species of plants. moisture regime, and canopy, avoid creating additional disturbances Because some of the proposed critical subcanopy, and understory native plant that may facilitate the further habitat for the three plants overlays species identified as physical or introduction and establishment of critical habitat already designated for biological features in the lowland dry invasive plant seeds. Precautions are other plant species on the island of ecosystem (see Table 4). also required to avoid the inadvertent Hawaii, we have incorporated the maps trampling of listed plant species in the of the areas proposed for critical habitat This section also contains unoccupied course of management activities. in this proposed rule into the existing habitat that is essential to the The active control of nonnative plant critical habitat unit numbering system conservation of these two species by species will help to address the threat established for the plants on the island providing the PCEs necessary for the posed by fire in all six of the proposed of Hawaii in the Code of Federal expansion of the existing wild critical habitat units. This threat is Regulations (50 CFR 17.99(k)). This populations. Although Hawaii— largely a result of the presence of required further subdividing some of the Lowland Dry—Section 1 is not known nonnative plant species such as the ecosystem areas that we identified as to be occupied by Isodendrion grasses Pennisetum setaceum and ‘‘sections’’ into units that correspond to pyrifolium, we have determined this Melinis minutiflora that increase the both existing and new critical habitat area to be essential for the conservation fuel load and quickly regenerate after a unit numbers and maps numbers as and recovery of this lowland dry species fire. These nonnative grass species can published in the CFR. The maps and because it provides the PCEs necessary outcompete native plants that are not area descriptions presented here for the reestablishment of wild adapted to fire, creating a grass-fire represent the lowland dry ecosystem populations within its historical range. cycle that alters ecosystem functions areas that we have identified for the Due to its small numbers of individuals (D’Antonio and Vitousek 1992, pp. 64– three plant species, subdivided into a this species requires suitable habitat and 66; Brooks et al. 2004, p. 680). total of 6 sections. The critical habitat space for expansion or reintroduction to In summary, we find that each of the unit numbers and the corresponding achieve population levels that could areas we are proposing as critical habitat map numbers that will appear at 50 CFR approach recovery.
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Hawaii—Lowland Dry—Unit 32 kavaiense and includes the mixed recovery of these lowland dry species consists of 21 ac (8 ha) of State land, herbland and shrubland, the moisture because it provides the physical or and 1,758 ac (712 ha) of privately regime, and canopy, subcanopy, and biological features necessary for the owned land for a total of 1,779 ac (720 understory native plant species reestablishment of wild populations ha), at Waikoloa on the western slope of identified as physical or biological within the historical ranges of the Mauna Kea between the elevations of features in the lowland dry ecosystem species. Due to their small numbers of 720 and 1,220 ft (220 and 372 m). This (see Table 4). Although Hawaii— individuals or low population sizes, unit is not in previously designated Lowland Dry—Unit 32 is not currently these two species require suitable critical habitat and comprises proposed occupied by Bidens micrantha ssp. habitat and space for expansion or critical habitat shown on Map 105 in ctenophylla or Isodendrion pyrifolium, reintroduction to achieve population we have determined this area to be this proposed rule. This unit is levels that could approach recovery. occupied by the plant Mezoneuron essential for the conservation and
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BILLING CODE 4310–55–C herbland and shrubland, the moisture ctenophylla and Isodendrion pyrifolium, Hawaii—Lowland Dry—Unit 33 regime, and canopy, subcanopy, and we have determined this area to be consists of 1,080 ac (437 ha) of State understory native plant species essential for the conservation and land, and 502 ac (203 ha) of privately identified as physical or biological recovery of these lowland dry species owned land, from Puukala to Kalaoa on features in the lowland dry ecosystem because it provides the PCEs necessary the western slope of Hualalai between (see Table 4). This unit also contains for the reestablishment of wild the elevations of 360 and 1,080 ft (110 unoccupied habitat that is essential to populations within their historical and 329 m). This unit is not in the conservation of this species by range. Due to their small numbers of previously designated critical habitat providing the PCEs necessary for the individuals or low population sizes, and comprises proposed critical habitat Hawaii—Lowland Dry—Unit 33 of Map expansion of the existing wild these species require suitable habitat 106 in this proposed rule. This unit is populations. Although Hawaii— and space for expansion or occupied by the plant Mezoneuron Lowland Dry—Unit 33 is not known to reintroduction to achieve population kavaiense and includes the mixed be occupied by Bidens micrantha ssp. levels that could approach recovery.
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Hawaii—Lowland Dry—Unit 34 397 ac (161 ha) of Federal land for a serve its intended conservation role for consists of 259 ac (105 ha) of State land, total of 402 ac (163 ha), near the the species. and 702 ac (284 ha) of privately owned coastline at Kaloko and Honokohau on If a species is listed or critical habitat land for a total of 961 ac (389 ha), from the western slope of Hualalai between is designated, section 7(a)(2) of the Act Kalaoa to Puukala on the western slope the elevations of 20 and 90 ft (6 and 27 requires Federal agencies to ensure that of Hualalai between the elevations of m). This unit is not in previously activities they authorize, fund, or carry 280 and 600 ft (85 and 183 m). This unit designated critical habitat and out are not likely to jeopardize the is not in previously designated critical comprises proposed critical habitat continued existence of the species or to habitat and comprises proposed critical Hawaii—Lowland Dry—Unit 36 of Map destroy or adversely modify its critical habitat Hawaii—Lowland Dry—Unit 34 106 in this proposed rule. This unit is habitat. If a Federal action may affect a of Map 106 in this proposed rule. This occupied by the plant Bidens micrantha listed species or its critical habitat, the unit is occupied by the plant Bidens ssp. ctenophylla, and includes the responsible Federal agency (action micrantha ssp. ctenophylla, and mixed herbland and shrubland, the agency) must enter into consultation includes the mixed herbland and moisture regime, and canopy, with us. As a result of this consultation, shrubland, the moisture regime, and subcanopy, and understory native plant we issue either: canopy, subcanopy, and understory species identified as physical or (1) A concurrence letter for Federal native plant species identified as biological features in the lowland dry actions that may affect, but are not physical or biological features in the ecosystem (see Table 4). This unit also likely to adversely affect, listed species lowland dry ecosystem (see Table 4). contains unoccupied habitat for the or critical habitat; or This unit also contains unoccupied plant Isodendrion pyrifolium that is (2) A biological opinion for Federal habitat that is essential to the essential to the conservation of this actions that may affect, and are likely to conservation of this species by species by providing the PCEs necessary adversely affect, listed species or critical providing the PCEs necessary for the for the expansion of the existing wild habitat. expansion of the existing wild populations. Although Hawaii— If we issue a biological opinion populations. Although Hawaii— Lowland Dry—Unit 36 is not known to concluding that a project is likely to Lowland Dry—Unit 34 is not known to be occupied by Isodendrion pyrifolium, jeopardize the continued existence of a be occupied by Isodendrion pyrifolium we have determined this area to be listed species or destroy or adversely and Mezoneuron kavaiense, we have essential for the conservation and modify critical habitat, we also provide determined this area to be essential for recovery of this lowland dry species reasonable and prudent alternatives to the conservation and recovery of these because it provides the PCEs necessary the project, if any are identifiable. We lowland dry species because it provides for the reestablishment of wild define ‘‘reasonable and prudent the PCEs necessary for the populations within its historical range. alternatives’’ at 50 CFR 402.02 as reestablishment of wild populations Due to their small numbers of alternative actions identified during within their historical range. Due to consultation that: individuals or low population sizes, • their small numbers of individuals or these species require suitable habitat Can be implemented in a manner low population sizes, these species and space for expansion or consistent with the intended purpose of require suitable habitat and space for the action; reintroduction to achieve population • expansion or reintroduction to achieve levels that could approach recovery. Can be implemented consistent population levels that could approach with the scope of the Federal agency’s recovery. Effects of Critical Habitat Designation legal authority and jurisdiction; • Hawaii—Lowland Dry—Unit 35 Section 7 Consultation Are economically and consists of 606 ac (245 ha) of State land, technologically feasible; and 19 ac (7.8 ha) of County land, and 568 Section 7(a)(2) of the Act, as • Would, in the Director’s opinion, ac (230 ha) of privately owned land for amended, requires Federal agencies, avoid jeopardizing the continued a total of 1,192 ac (485 ha), at Kealakehe including the Service, to ensure that existence of the listed species or on the western slope of Hualalai actions they fund, authorize, or carry destroying or adversely modifying between the elevations of 80 and 560 ft out are not likely to destroy or adversely critical habitat. (24 and 171 m). This unit is not in modify critical habitat. Decisions by the Reasonable and prudent alternatives previously designated critical habitat Fifth and Ninth Circuit Court of Appeals can vary from slight project and comprises proposed critical habitat have invalidated our definition of modifications to extensive redesign or Hawaii—Lowland Dry—Unit 35 of Map ‘‘destruction or adverse modification’’ relocation of the project. Costs 106 in this proposed rule. This unit is (50 CFR 402.02) (See Gifford Pinchot associated with implementing a occupied by the plants Bidens Task Force v. U.S. Fish and Wildlife reasonable and prudent alternative are micrantha ssp. ctenophylla, Isodendrion Service, 378 F.3d 1059 (9th Cir. 2004) similarly variable. pyrifolium, and Mezoneuron kavaiense, and Sierra Club v. U.S. Fish and Regulations at 50 CFR 402.16 require and includes the mixed herbland and Wildlife Service et al., 245 F.3d 434, Federal agencies to reinitiate formal shrubland, the moisture regime, and 442F (5th Cir. 2001)), and we do not rely consultation on previously reviewed canopy, subcanopy, and understory on this regulatory definition when actions in instances where we have native plant species identified as analyzing whether an action is likely to listed a new species or subsequently physical or biological features in the destroy or adversely modify critical designated critical habitat that may be lowland dry ecosystem (see Table 4). habitat. Under the statutory provisions affected and the Federal agency has This unit also contains unoccupied of the Act, we determine destruction or retained discretionary involvement or habitat that is essential to the adverse modification on the basis of control over the action (or the agency’s conservation of these species by whether, with implementation of the discretionary involvement or control is providing the PCEs necessary for the proposed Federal action, the affected authorized by law). Consequently, expansion of the existing wild critical habitat would remain functional Federal agencies may sometimes need to populations. (or retain those physical or biological request reinitiation of consultation with Hawaii—Lowland Dry—Unit 36 features that relate to the current ability us on actions for which formal consists of 5 ac (2 ha) of State land and of the area to support the species) to consultation has been completed, if
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those actions with discretionary with implementation of the proposed Management Plan (INRMP) by involvement or control may affect Federal action, the affected critical November 17, 2001. An INRMP subsequently listed species or habitat would continue to serve its integrates implementation of the designated critical habitat. intended conservation role for the military mission of the installation with Federal activities that may adversely species, or would retain its current stewardship of the natural resources affect the species included in this ability for the essential features to be found on the base. Each INRMP proposed rule or their designated functionally established. Activities that includes: critical habitat require section 7 may destroy or adversely modify critical • An assessment of the ecological consultation under the Act. This habitat are those that alter the essential needs on the installation, including the includes activities on State, tribal, local, features, or the essential habitat need to provide for the conservation of or private lands requiring a Federal qualities of unoccupied habitat, to an listed species; permit (such as a permit from the U.S. extent that appreciably reduces the • A statement of goals and priorities; Army Corps of Engineers under section conservation value of critical habitat for • A detailed description of 404 of the Clean Water Act (33 U.S.C. the three species identified in this management actions to be implemented 1251 et seq.), or a permit from us under proposed rule. to provide for these ecological needs; section 10 of the Act), or activities Section 4(b)(8) of the Act requires us and involving some other Federal action to briefly evaluate and describe, in any • A monitoring and adaptive (such as funding from the Federal proposed or final regulation that management plan. Highway Administration, Federal designates critical habitat, activities Among other things, each INRMP must, Aviation Administration, or the Federal involving a Federal action that may to the extent appropriate and applicable, Emergency Management Agency). These destroy or adversely modify such provide for fish and wildlife types of activities are subject to the habitat, or that may be affected by such management; fish and wildlife habitat section 7 consultation process. Federal designation. Activities that, when enhancement or modification; wetland actions not affecting listed species or carried out, funded, or authorized by a protection, enhancement, and critical habitat, and actions on State, Federal agency, may destroy or restoration where necessary to support tribal, local, or private lands that are not adversely modify critical habitat for the fish and wildlife; and enforcement of federally funded, authorized, or three plant species, and therefore may applicable natural resource laws. permitted, do not require section 7 be affected by this proposed The National Defense Authorization consultations. designation, include, but are not limited Act for Fiscal Year 2004 (Pub. L. 108– to: 136) amended the Act to limit areas Application of the Jeopardy and (1) Activities that may appreciably eligible for designation as critical Adverse Modification Standards degrade or destroy the physical or habitat. Specifically, section 4(a)(3)(B)(i) Application of the Jeopardy Standard biological features for the species, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) including, but not limited to, The jeopardy analysis usually provides: ‘‘The Secretary shall not overgrazing, maintaining or increasing expresses the survival and recovery designate as critical habitat any lands or feral ungulate levels, clearing or cutting needs of a listed species in a qualitative other geographical areas owned or native live trees and shrubs (e.g., fashion without making distinctions controlled by the Department of woodcutting, bulldozing, construction, between what is necessary for survival Defense, or designated for its use, that road building, mining, herbicide and what is necessary for recovery. are subject to an integrated natural application), and taking actions that Generally, the jeopardy analysis focuses resources management plan prepared pose a risk of fire. on the status of a species, the factors under section 101 of the Sikes Act (16 (2) Activities that may alter watershed U.S.C. 670a), if the Secretary determines responsible for that condition, and what characteristics in ways that would is necessary for the species to survive in writing that such plan provides a appreciably reduce groundwater benefit to the species for which critical and recover. An emphasis is also placed recharge or alter natural, wetland, on characterizing the condition of the habitat is proposed for designation.’’ aquatic, or vegetative communities. We consult with the military on the species in the area affected by the Such activities include new water development and implementation of proposed Federal action. That context is diversion or impoundment, excess INRMPs for installations with listed then used to determine the significance groundwater pumping, and species. We analyze INRMPs developed of adverse and beneficial effects of the manipulation of vegetation through by military installations located within proposed Federal action and any activities such as the ones mentioned in the areas that were being considered for cumulative effects for purposes of (1) above. critical habitat designation during the making the jeopardy determination. The (3) Recreational activities that may development of this proposed rule to jeopardy analysis also considers any appreciably degrade vegetation. determine if these installations may conservation measures that may be (4) Mining sand or other minerals. warrant consideration for exemption proposed by a Federal action agency to (5) Introducing or encouraging the under section 4(a)(3) of the Act. There minimize or compensate for adverse spread of nonnative plant species. are no Department of Defense (DOD) effects to the species or to promote its (6) Importing nonnative species for lands within this proposed critical recovery. research, agriculture, and aquaculture, habitat designation. Therefore, no lands Application of the Adverse Modification and releasing biological control agents. have been exempted from this proposed Standard Application of Section 4(a)(3) of the Act critical habitat designation under The analytical framework described The Sikes Act Improvement Act of section 4(a)(3) of the Act. in the Director’s December 9, 2004, 1997 (Sikes Act) (16 U.S.C. 670a) Exclusions memorandum is used to complete required each military installation that section 7(a)(2) analysis for Federal includes land and water suitable for the Application of Section 4(b)(2) of the Act actions affecting critical habitat. The key conservation and management of Section 4(b)(2) of the Act states that factor related to the adverse natural resources to complete an the Secretary must designate or make modification determination is whether, Integrated Natural Resources revisions to critical habitat on the basis
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of the best available scientific data after reasonable expectation exists that the Pacific Islands Fish and Wildlife taking into consideration relevant conservation management strategies and Office directly (see FOR FURTHER impacts, including economic and actions will be implemented, that those INFORMATION CONTACT). During the national security impacts, of specifying responsible for implementing the plan development of a final designation, we any particular area as critical habitat. are capable of achieving the objectives, will consider economic impacts, public The Secretary may exclude an area from that an implementation schedule exists, comments, and other new information, critical habitat if he determines that the and that adequate funding exists; (4) and as an outcome of our analysis of benefits of such exclusion outweigh the whether the plan provides assurances this information, we may exclude areas benefits of specifying such area as part that the conservation strategies and from the final critical habitat of the critical habitat, unless he measures will be effective (i.e., designation under section 4(b)(2) of the determines, based on the best scientific identifies biological goals, has Act and our implementing regulations at data available, that the failure to provisions for reporting progress, and is 50 CFR 424.19. designate such area as critical habitat of a duration sufficient to implement the will result in the extinction of the plan); (5) whether the plan has a Exclusions Based on National Security species. monitoring program or adaptive Impacts When considering the benefits of management to ensure that the Under section 4(b)(2) of the Act, we inclusion of an area in critical habitat, conservation measures are effective; (6) consider whether there are lands owned we consider the regulatory benefits that the degree to which the record supports or managed by the DOD where a area would receive from the protection a conclusion that a critical habitat national security impact might exist. from adverse modification or designation would impair the benefits of There are no DOD lands within this destruction as a result of consultation the plan; (7) the extent of public proposed critical habitat designation, under section 7(a)(2) of the Act for participation; (8) a demonstrated track and we are unaware of any potential actions with a Federal nexus; the record of implementation success; (9) impacts to national security on any educational benefits of mapping habitat the level of public benefits derived from lands within the proposed critical essential for recovery of the listed encouraging collaborative efforts and habitat designation. Therefore, we do species; and any benefits that may result encouraging private and local not propose to exclude any areas from from a designation due to State or conservation efforts; and (10) the effect the final designation based on impacts Federal laws that may apply to critical designation would have on on national security, but will fully habitat. Benefits could include public partnerships. We will also consider consider all comments in this regard in awareness of the presence of listed whether these efforts would be affected the final critical habitat designation. species and the importance of habitat by critical habitat, and, if so, whether protection, and in cases where a Federal this would outweigh the benefits of Exclusions Based on Other Relevant nexus exists, increased habitat critical habitat. Factors protection due to the protection from Based on the information provided by Under section 4(b)(2) of the Act, we adverse modification or destruction of entities seeking exclusion, as well as consider any other relevant impacts, in critical habitat. any additional public comments we addition to economic impacts and When considering the benefits of receive, we will evaluate whether impacts to national security. We exclusion, we consider factors such as certain lands in proposed critical habitat consider a number of factors, including whether exclusion of a specific area is may be appropriate for exclusion from whether the landowners have developed likely to result in conservation; the the final designation. continuation, strengthening, or To ensure that our final determination any conservation plans or other encouragement of partnerships; or the is based on the best available management plans for the area, or implementation of a management plan information, we are inviting comments whether there are conservation that provides equal to or more on any foreseeable economic, national partnerships that would be encouraged conservation than a critical habitat security, or other potential impacts by designation of, or exclusion from, designation would provide. resulting from this proposed designation critical habitat. We also consider any The Secretary can consider of critical habitat from governmental, social impacts that might occur because conservation agreements and other land business, or private interests and, in of the designation. management plans with Federal, particular, or any potential impacts on We have identified certain areas that private, State, and tribal entities when small businesses. we are considering excluding from the making decisions under section 4(b)(2) final revised critical habitat designation of the Act. The Secretary may also Exclusions Based on Economic Impacts for the three plant species based on consider voluntary partnerships and Under section 4(b)(2) of the Act, we conservation partnerships. However, we conservation plans, and weigh the consider the economic impacts of solicit comments on the inclusion or implementation and effectiveness of specifying any particular area as critical exclusion of such particular areas (see these against that of designation. habitat. In order to consider economic ‘‘Public Comments’’ section). During the Consideration of relevant impacts of impacts, we are preparing an analysis of development of the final designation, designation or exclusion under section the potential economic impacts of the we will consider economic and other 4(b)(2) may include, but is not limited proposed critical habitat designation relevant impacts, public comments, and to, any of the following factors: (1) and related factors. other new information before deciding if Whether the plan provides specific We will announce the availability of inclusion or exclusion of these areas is information on how it protects the the draft economic analysis as soon as warranted. As a result, additional areas, species and the physical or biological it is completed, at which time we will in addition to those identified below for features, and whether the plan is at a seek public review and comment. At potential exclusion in this proposed geographic scope commensurate with that time, copies of the draft economic rule, may be excluded from the final the species; (2) whether the plan is analysis will be available for critical habitat designation under complete and will be effective at downloading from the Internet at the section 4(b)(2) of the Act. Alternatively, conserving and protecting the physical Federal eRulemaking Portal: http:// we may decide not to exclude these or biological features; (3) whether a www.regulations.gov, or by contacting lands based on information received
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during the public comment period or Conservation Partnerships on Non- Kamehameha Schools lands at other new information. Federal Lands Kaupulehu on the western slope of Kamehameha Schools Hualalai between the elevations of 940 and 2,600 ft (2,90 and 7,90 m) (Figure We are considering excluding 2,834 3). ac (1,147 ha) of habitat associated with
Two plant species included in this essential to the conservation of final rule. In addition, we are requesting rule (Bidens micrantha ssp. ctenophylla Isodendrion pyrifolium. comments and information regarding and Mezoneuron kavaiense) occur in Kamehameha Schools is conducting these areas and will determine whether this area. The area under consideration voluntary actions to promote the these lands may warrant exclusion from falls within proposed critical habitat conservation of rare and endangered critical habitat in our final rule for the Hawaii Unit 31, Map 104, and species and their lowland dry ecosystem three plants for which critical habitat is comprises the entire area owned by habitats on their lands, including the here proposed on Kamehameha Schools Kamehameha Schools (2,834 ac (1,147 installation of fencing to exclude land. ha)) within the proposed designation ungulates, restoring habitat, conducting actions to reduce rodent populations, Palamanui Global Holdings LLC (see Table 5B). This unit is occupied by reestablishing native plant species, and The Service is considering excluding the plants Bidens micrantha ssp. conducting activities reducing the threat 502 ac (203 ha) of habitat associated ctenophylla and Mezoneuron kavaiense of wildfire. We will continue working with the land owned by Palamanui and contains the features essential to the with Kamehameha Schools during the Global Holdings LLC (Palamanui) at lowland dry ecosystem and therefore public comment period, and will make Kau, on the western slope of Hualalai essential to each species. This area also a determination regarding the exclusion between the elevations of 400 and 1,000 contains unoccupied habitat that is from critical habitat designation in the ft (120 and 300 m) (Figure 4). The area
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under consideration falls within This unit is occupied by the plant conservation of the proposed plant, proposed critical habitat Hawaii— Mezoneuron kavaiense and contains the Bidens micrantha ssp. ctenophylla, and Lowland Dry—Unit 33, Map 106, and features essential to the lowland dry the endangered plant, Isodendrion comprises the entire area owned by ecosystem and therefore for this species. pyrifolium. Palamanui (502 ac (203 ha)) within the This area also contains habitat that is proposed designation (see Table 5B). unoccupied but essential to the
The Kona Community Development planned community (Palamanui (Group 70 International 2004, p. 3–36; Plan (Hawaii County Ordinance 08–131) Hiluhilu Development Project), which DHHL 2009, p. 10). A portion of the identifies the lands owned by includes single and multi-family proposed development (502 ac (203 ha)) Palamanui Global Holdings LLC as residential units, university residential falls within the area of proposed critical located within the Kona Urban Area facilities, health facilities, research and habitat in Hawaii—Lowland Dry—Unit with a land use designation of Urban development facilities, mixed 33. Expansion (Wilson Okamoto commercial development, a small hotel, Palamanui Global Holdings LLC is Corporation 2008, pp. 4–29—4–37). natural and cultural preserves, parks, involved in several voluntary actions Hiluhilu Development LLC has open space, and parking areas on a 725- that promote the conservation of rare proposed development of a master ac (293-ha) parcel owned by Palamanui and endangered species on their lands,
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including their participation in the and will determine whether these lands Corporation (Figure 5–A), SCD–TSA North Kona Dry Forest working group, may warrant exclusion from critical Kaloko Makai LLC (Figure 5–B), and the construction of fencing to exclude habitat in our final rule for the three TSA Corporation (Figure 5–C). Two ungulates, developing a dry forest plants for which critical habitat is plant species included in this rule preserve management plan, and proposed here on Palamanui Global Bidens micrantha ssp. ctenophylla and establishing a fenced research area to Holdings LLC land. Mezoneuron kavaiense are reported measure and monitor forest dynamics Kaloko Makai Development from this area. The area under within the lowland dry ecosystem. We consideration for exclusion falls within The Service is considering excluding will continue working with Palamanui 630 ac (255 ha) of habitat associated proposed critical habitat Hawaii— Global Holdings LLC during the public with the Kaloko Makai Development, on Lowland Dry—Unit 34, Map 106, and is comment period for the proposed rule, the western slope of Hualalai in the land comprised of, in their entirety, the areas and will make a determination divisions of Kaloko and Ooma between owned by Kaloko Properties regarding the exclusion from critical the elevations of 320 and 650 ft (100 and Corporation, SCD–TSA Kaloko Makai habitat designation in the final rule. In 200 m). There are three landowners LLC, and TSA Corporation within the addition, we are requesting comments with a common interest in the Kaloko proposed designation (see Table 5B). and information regarding these areas Makai Development, Kaloko Properties BILLING CODE 4310–55–P
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BILLING CODE 4310–55–C Hawaii Unit 34, Map 106. This project promote the conservation of rare and This unit is occupied by the plant is a master-planned, mixed-use endangered species, including setting Bidens micrantha ssp. ctenophylla and community village consisting of 5,000 aside a Dryland Forest Preserve area in contains the features essential to the single and multi-family residential perpetuity, installing fencing to exclude lowland dry ecosystem and therefore units, up to 1.1 million square (sq) ft ungulates, removing ungulates, and this species. This area also contains (102,193 sq m) of commercial space, eradicating nonnative species. The unoccupied habitat that is essential to light industrial use, three public school landowner is also working with the the conservation of Isodendrion sites, a dryland forest preserve, park and State to develop a multi-species habitat pyrifolium and Mezoneuron kavaiense. open space, a site for development of a conservation plan that will provide a SCD–TSA Kaloko Makai LLC has regional hospital, and four potable well net conservation benefit to the covered proposed the Kaloko Makai sites (Hookuleana LLC 2011). species. We will continue working with Development, a master-planned The developers of Kaloko Makai are Kaloko Makai LLC during the public community on 1,139 ac (461 ha) of participating in several important comment period for the proposed rule, which 630 ac (255 ha) are included partnerships, conservation agreements, and will make a determination within the proposed critical habitat and other actions on their lands to regarding the exclusion from critical
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habitat designation in the final rule. In the lands owned by Lanihau Properties, Lanihau Properties within the proposed addition, we are requesting comments on the western slope of Hualalai at designation. This unit is occupied by and information regarding these areas Kaloko between the elevations of 320 the plant Bidens micrantha ssp. and will determine whether these lands and 440 ft (100 and 135 m) (Figure 6). ctenophylla and contains the features may warrant exclusion from critical Two plant species included in this rule, essential to the lowland dry ecosystem habitat in the final rule for the three Bidens micrantha ssp. ctenophylla and and therefore essential to this species. plants for which critical habitat is Mezoneuron kavaiense, are reported This area also contains unoccupied proposed here on Kaloko Makai from this area. The area under habitat that is essential to the Development land. consideration falls within proposed conservation of Isodendrion pyrifolium Lanihau Properties critical habitat Hawaii—Lowland Dry— and Mezoneuron kavaiense. The Service is considering excluding Unit 34, Map 106, and comprises the 47 ac (19 ha) of habitat associated with entire area (47 ac (19 ha)) owned by
Lanihau Properties is promoting the strategies, conservation agreements, and Dryland Forest Preserve. We will conservation of rare and endangered by setting aside a portion of their land continue working with Lanihau species through their land management for establishment of the Kaloko Makai Properties during the public comment
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period, and will make a determination Department of Hawaiian Homelands critical habitat Hawaii—Lowland Dry— regarding the exclusion from critical Unit 35, Map 106, and comprises a habitat designation in the final rule. In The Service is considering excluding portion of the 355 ac (144 ha) owned by addition, we are requesting comments 87 ac (35 ha) of habitat associated with DHHL within the proposed designation and information regarding these areas the DHHL’s Villages of Laiopua (see Table 5B). The area owned by and will determine whether these lands development at Kealakehe on the DHHL that is not being considered for may warrant exclusion from critical western slope of Hualalai between the exclusion is approximately 268 ac (109 habitat in our final rule for the three elevations of 400 and 720 ft (122 and ha) in size. This unit is occupied by the plants for which critical habitat is 220 m) (Figure 7). Three plant species plants Bidens micrantha ssp. proposed here on Lanihau Properties included in this rule (Bidens micrantha ctenophylla, Isodendrion pyrifolium and ssp. ctenophylla, Isodendrion land. Mezoneuron kavaiense, and contains pyrifolium, and Mezoneuron kavaiense) the features essential to the lowland dry occur in this area. The area under ecosystem and therefore essential to consideration falls within proposed each species.
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Beginning in 1990, Housing and 39624; July 2, 2003). The exclusion of measures conducted for I. pyrifolium Community Development Corporation this area under 4(b)(2) of the Act was and N. ovata in the lowland dry of Hawaii (HCDCH) was the State based on the Trust’s offer to implement ecosystem on the Trust’s lands at agency placed in charge of the master- voluntary conservation activities and a Keahuolu. planned community known as ‘‘Villages proposal to: (1) Partner with the Service Although the planned management of Laiopua’’ (VOLA). The construction on a project to conduct research on the activities described above (i.e., of VOLA would be phased, with propagation of Isodendrion pyrifolium, propagation and outplanting, and increments of the proposed 1,700 homes and (2) set aside two areas totaling habitat conservation) are consistent with (of which approximately 60 percent, approximately 53 ac (21 ha) and allow recovery objectives for the endangered I. would be offered as affordable housing) for the outplanting of I. pyrifolium, pyrifolium (USFWS 1996, pp. 1–252), developed as discrete villages as Neraudia ovata, and other endangered they do not address conservation of the funding allowed. From 1993 to 1999, species. other two plants, the plant Bidens the Service, DOFAW, and HCDCH In 2004, the Service and the Trust micrantha ssp. ctenophylla or the worked to develop a mitigation plan for partnered on a project to conduct endangered plant Mezoneuron the listed and other rare plant species research on propagation of Isodendrion kavaiense (USFWS 1994, pp. 1–82), for affected by the proposed development. pyrifolium and Neraudia ovata to: (1) which critical habitat is proposed. In 1999, HCDCH produced the Secure genetic material in ex situ Further, since 2005, we are unaware of ‘‘Mitigation Plan for Endangered storage, and (2) provide individuals for efforts to outplant propagated Species at Villages of Laiopua, reintroduction or restoration projects. individuals of I. pyrifolium or any Kealakehe, North Kona, Hawaii’’ to The Service and the Trust each current plans to conserve listed species address impacts to listed and other contributed $10,000 toward the or their habitats in the lowland dry plant species affected by the completion of the propagation project. ecosystem on the lands at Keahuolu construction and development of VOLA On June 27, 2005, representatives of the owned by the Trust. Therefore, the 329 (Belt Collins Hawaii 1999, pp. 1–29). By Trust, the Service’s Partners for Fish ac (133 ha) of lands owned by the Trust 2004, most of the lands within the and Wildlife Program, Amy Greenwell are not proposed for exclusion in this VOLA development were transferred to Botanical Garden, and U.S. Army proposed critical habitat rule. the DHHL, which, in consultation with Garrison Hawaii—Pohakuloa Training Peer Review the Service, continues to implement Area conducted a site visit to identify these plans for conservation In accordance with our joint policy appropriate outplanting sites for I. management. DHHL is involved in published in the Federal Register on pyrifolium and N. ovata. Since 2005, the several actions to promote the July 1, 1994 (59 FR 34270), we will seek Trust has completed an approximately conservation of rare and endangered the expert opinions of at least three 28-ac (11-ha) chain-link fence exclosure species, including providing funding to appropriate and independent specialists (to discourage human traffic) in the establish and maintain preserves for regarding this proposed rule. The southeast portion of the property above listed plants, installing fencing for purpose of such review is to ensure that Queen Kaahumanu Highway adjacent to ungulate control, removing nonnative our proposed listing and critical habitat plants, and promoting community Palani Road. Within this chain-link designation are based on scientifically volunteer programs that support native exclosure is a smaller exclosure sound data, assumptions, and analyses. plant conservation. In total, DHHL has approximately 2 ac (less than 1 ha) in We have posted our proposed peer allocated $741,564 toward construction size (to exclude feral pigs) in which review plan on our Web site at http:// of the preserves, habitat restoration, and common native plants have been www.fws/pacific/informationquality/ education and community outreach outplanted. For the outplanting effort, index.htm. We will invite these peer activities through 2014. the Trust partnered with Amy reviewers to comment, during the We will continue working with the Greenwell Botanical Garden for public comment period (see DATES), on DHHL during the public comment propagation of native plant material and the specific assumptions and period, and will make a determination used the opportunity to educate the conclusions regarding the proposed regarding the exclusion from critical community regarding the restoration of listing of 15 species and designation of habitat designation in the final rule. In the native lowland dry ecosystem. critical habitat for 3 species. addition, we are requesting comments Because the larger, chain-link exclosure We will consider all comments and and information regarding these areas contains various archaeological features, information we receive during the and will determine whether these lands it has been proposed as a historical comment period on this proposed rule may warrant exclusion from critical preservation preserve. In addition, the during our preparation of a final habitat in our final rule for the three Trust has consulted with numerous determination. Accordingly, our final plants for which critical habitat is cultural descendants of the Keahuolu decision may differ from this proposal. proposed here on DHHL lands at area who are of native Hawaiian Public Hearings Kealakehe. ancestry. Therefore, work in the fenced areas involves consideration of both The Act provides for one or more Lands Previously Excluded Under natural and cultural resources public hearings on this proposal, if Section 4(b)(2) of the Act management. According to Trust requested. Requests for public hearings In 2003, we excluded approximately representatives, all work in the must be made within 45 days of the 329 ac (approximately 133 ha) of land proposed historical preservation publication of this proposal (see DATES). in proposed unit Y2 owned by the preserve has been suspended until the We will schedule public hearings on Queen Liliuokalani Trust (Trust) historical preservation plan has been this proposal, if any are requested, and because we believed there was a higher approved by the State Historic announce the dates, times, and place of likelihood of beneficial conservation Preservation Division. Aside from the those hearings, in the Federal Register activities occurring on those private contribution to research and and local newspapers at least 15 days lands without the designation of critical propagation of I. pyrifolium and before the first hearing. habitat than there would be with a protection of the 2-ac (1-ha) area, there Persons needing reasonable critical habitat designation (68 FR have been no additional conservation accommodations to attend and
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participate in a public hearing should entities. SBREFA amended RFA to Consequently, to assess whether a contact the Pacific Islands Fish and require Federal agencies to provide a ‘‘substantial number’’ of small entities is Wildlife Office at 808–792–9400 as soon statement of the factual basis for affected by this designation, this as possible. To allow sufficient time to certifying that the rule will not have a analysis considers the relative number process requests, please call no later significant economic impact on a of small entities likely to be impacted in than one week before the hearing date. substantial number of small entities. an area. In some circumstances, Information regarding this proposal is Small entities include small especially with critical habitat available in alternative formats upon organizations, such as independent designations of limited extent, we may request. nonprofit organizations; small aggregate across all industries and governmental jurisdictions, including consider whether the total number of Required Determinations school boards and city and town small entities affected is substantial. In These required determinations relate governments that serve fewer than estimating the number of small entities only to the portion of this rule 50,000 residents; as well as small potentially affected, we also consider designating critical habitat. Listing businesses. Small businesses include whether their activities have any determinations are made solely on the manufacturing and mining concerns Federal involvement. basis of the best scientific and with fewer than 500 employees, Under the Act, designation of critical commercial data available. 16 U.S.C. wholesale trade entities with fewer than habitat only affects activities carried 1533(b)(1)(A). 100 employees, retail and service out, funded, or permitted by Federal Regulatory Planning and Review— businesses with less than $5 million in agencies. Some kinds of activities are Executive Order 12866 annual sales, general and heavy unlikely to have any Federal construction businesses with less than involvement and so will not be affected Executive Order 12866 provides that $27.5 million in annual business, by critical habitat designation. However, the Office of Information and Regulatory special trade contractors doing less than in some States there are State laws that Affairs (OIRA) will review all significant $11.5 million in annual business, and limit activities in designated critical rules. The Office of Information and agricultural businesses with annual habitat even where there is no Federal Regulatory Affairs has determined that sales less than $750,000. To determine nexus. If there is a Federal nexus, this rule is not significant. if potential economic impacts to these Federal agencies would be required to Executive Order 13563 reaffirms the small entities are significant, we consult with us under section 7 of the principles of E.O. 12866 while calling consider the types of activities that Act on activities they fund, permit, or for improvements in the nation’s might trigger regulatory impacts under carry out that may affect critical habitat. regulatory system to promote this rule, as well as the types of project If we conclude, in a biological opinion, predictability, to reduce uncertainty, modifications that may result. In that a proposed action is likely to and to use the best, most innovative, general, the term ‘‘significant economic destroy or adversely modify critical and least burdensome tools for impact’’ is meant to apply to a typical habitat, we can offer ‘‘reasonable and achieving regulatory ends. The small business firm’s business prudent alternatives.’’ Reasonable and executive order directs agencies to operations. prudent alternatives are alternative consider regulatory approaches that The RFA/SBREFA defines ‘‘small actions that can be implemented in a reduce burdens and maintain flexibility governmental jurisdiction’’ as the manner consistent with the scope of the and freedom of choice for the public government of a city, county, town, Federal agency’s legal authority and where these approaches are relevant, school district, or special district with a jurisdiction, that are economically and feasible, and consistent with regulatory population of less than 50,000. By this technologically feasible, and that would objectives. E.O. 13563 emphasizes definition, Hawaii County is not a small avoid destroying or adversely modifying further that regulations must be based governmental jurisdiction because its critical habitat. on the best available science and that population was estimated at 185,079 A Federal agency and an applicant the rulemaking process must allow for residents in 2010 (http://hawaii.gov/ may elect to implement a reasonable public participation and an open dbedt/info/census/Census_2010). and prudent alternative associated with exchange of ideas. We have developed Certain State agencies may be affected a biological opinion that has found this rule in a manner consistent with by the proposed critical habitat adverse modification of critical habitat. these requirements. designation—such as the Department of An agency or applicant could Land and Natural Resources and the alternatively choose to seek an Regulatory Flexibility Act (5 U.S.C. 601 State Department of Transportation. exemption from the requirements of the et seq.) However, for the purposes of the RFA, Act or proceed without implementing Under the Regulatory Flexibility Act State governments are considered the reasonable and prudent alternative. (RFA; 5 U.S.C. 601 et seq., as amended independent sovereigns, not small However, unless an exemption were by the Small Business Regulatory governments. obtained, the Federal agency would be Enforcement Fairness Act (SBREFA) of To determine if a designation of at risk of violating section 7(a)(2) of the 1996), whenever an agency must critical habitat could significantly affect Act if it chose to proceed without publish a notice of rulemaking for any a substantial number of small entities, implementing the reasonable and proposed or final rule, it must prepare we consider the number of small prudent alternatives. We may also and make available for public comment entities affected within particular types identify discretionary conservation a regulatory flexibility analysis that of economic activities (e.g., housing recommendations designed to minimize describes the effects of the rule on small development, grazing, oil and gas or avoid the adverse effects of a entities (small businesses, small production, timber harvesting). We proposed action on critical habitat, to organizations, and small government apply the ‘‘substantial number’’ test help implement recovery plans, or to jurisdictions). However, no regulatory individually to each industry to develop information that could flexibility analysis is required if the determine if certification is appropriate. contribute to the recovery of the species. head of the agency certifies the rule will However, the SBREFA does not Within the proposed critical habitat not have a significant economic impact explicitly define ‘‘substantial number’’ designation, the types of actions or on a substantial number of small or ‘‘significant economic impact.’’ authorized activities that we have
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identified as potential concerns and that comm.). A draft management plan for species HCP, to minimize and mitigate may be subject to consultation under the biological resources within the the impacts of the proposed section 7 if there is a Federal nexus are: Palamanui Hiluhilu Development development on the plant, Bidens (1) Activities that might degrade or project area includes the creation of a micrantha ssp. ctenophylla, and four destroy the primary constituent lowland dry forest preserve and other endangered plants, Mezoneuron elements for the species, including, but protective measures to benefit three kavaiense, Neraudia ovata, not limited to: (a) Grazing; (b) endangered plants, Mezoneuron Nothocestrum breviflorum, and maintaining or increasing feral ungulate kavaiense, Nothocestrum breviflorum, Pleomele hawaiiensis (Hookuleana LLC levels; (c) clearing or cutting native live and Pleomele hawaiiensis, and their 2011). In addition, Lanihau Properties trees and shrubs; (d) bulldozing; (e) habitats (see Palamanui Global Holdings owns private land immediately adjacent construction; (f) road building; (g) LLC above). Also within proposed to the Kaloko Makai Development and mining; (h) herbicide application; and critical habitat Hawaii Unit 33 and to is involved in a joint conservation (i) taking actions that pose a risk of fire; the south of the parcel owned by agreement with the Service, the FHWA, (2) activities that may alter watershed Palamanui Global Holdings LLC, is a DOFAW, the County of Hawaii, and the characteristics in ways that would 500-ac (202-ha) parcel owned by the owners of the Kaloko Makai reduce groundwater recharge or alter State of Hawaii, a portion of which will Development. In 2010, the Service natural, wetland, aquatic, or vegetative be developed for the University of concluded an informal consultation communities (e.g., new water diversion Hawaii Center West Hawaii campus under section 7 of the Act with the or impoundment activities, groundwater (UHCWH) (Wil Chee—Planning & FHWA to address impacts to the same pumping, and manipulation of Environmental, Inc. 2007, p. 1). four endangered plants and one species vegetation through activities such as the Development of UHCWH buildings proposed for listing in this rule (see ones mentioned above); (3) recreational within a 78-acre portion of the State above) associated with the proposed activities that may degrade vegetation; owned parcel could begin as early as construction of Ane Keohokalole (4) mining sand or other minerals; (5) May 2012 (Jensen 2011, in litt.). At this Highway from Hina Lani Street to Palani introducing or encouraging the spread time we are unaware of ongoing actions Road. The proposed highway segments of nonnative plant species; (6) importing or authorized activities with a Federal covered in the consultation fall within nonnative species for research, nexus that may be subject to Hawaii Unit 34 in the north and Hawaii agriculture, and aquaculture; and (7) consultations under section 7 of the Act Unit 35 in the south. The Service, SCD– releasing biological control agents. on the 502 ac (203 ha) of private land TSA Kaloko Makai LLC, FWHA, the Three of the proposed critical habitat owned by Palamanui Global Holdings County of Hawaii, and Lanihau units (Hawaii Unit 33, Hawaii Unit 34, LLC. Palamanui Global Holdings LLC Properties negotiated several measures and Hawaii Unit 35) contain has demonstrated a willingness to to achieve conservation for the four commercial operations or proposed manage these lands in a manner endangered and one plant species commercial operations. Hawaii Unit 33 compatible with the conservation of proposed for listing in this rule (see totals approximately 1,583 ac (640 ha) listed and nonlisted species, therefore in above) impacted by highway and extends from Puukala to Kalaoa on this proposed rule we are considering construction and related development the western slope of Hualalai between excluding these 502 ac (203 ha) of land activities. At this time we are unaware the elevations of 360 and 1,080 ft (110 owned by Palamanui Global Holdings of any other ongoing actions or and 329 m). Approximately 1,080 ac LLC within proposed Hawaii Unit 33. If authorized activities with a Federal (437 ha) of this unit are owned by the these lands are excluded from critical nexus that may be subject to State of Hawaii and 502 ac (203 ha) are habitat under section 4(b)(2) of the Act consultation under section 7 of the Act privately owned by Palamanui Global in our final rule because the benefits of on the 630 ac (255 ha) of private land Holdings LLC. The area owned by exclusion outweigh the benefits of owned by the three landowners with a Palamanui Global Holdings LLC and critical habitat designation, consultation common interest in the Kaloko Makai proposed within Hawaii Unit 33 with us under section 7 of the Act on Development or the 47 ac (19 ha) owned comprises a portion of the 725-ac (293- activities funded, permitted, or carried by Lanihau Partners. These landowners ha) Palamanui Hiluhilu Development out by Federal agencies will not be have demonstrated a willingness to project, which includes single and triggered. manage these lands in a manner multi-family residential units, Proposed Hawaii Unit 34 totals 961 ac compatible with the conservation of university residential facilities, health (389 ha) and extends from Kaloko to listed and nonlisted species. Therefore, facilities, research and development Ooma on the western slope of Hualalai in this proposed rule we are considering facilities, mixed commercial between the elevations of 280 and 600 excluding these 676 ac (274 ha) of development, a small hotel, natural and ft (85 and 183 m). There are 259 ac (105 privately owned land within proposed cultural preserves, parks, open space, ha) of State land, and 702 ac (284 ha) critical habitat Hawaii Unit 34. If these and parking areas (Group 70 of privately owned land in this lands are excluded from critical habitat International 2004, p. 3–36; DHHL 2009, proposed unit. The Kaloko Makai under section 4(b)(2) of the Act in our p. 10). Plans called for the Palamanui Development is proposed on private final rule because the benefits of Hiluhilu Development project to be land within this unit. Several exclusion outweigh the benefits of developed over a 10-year period landowners with a common interest in critical habitat designation, consultation beginning in 2004, in a sequence of the proposed Kaloko Makai with us under section 7 of the Act on phases starting with infrastructure and Development include Kaloko Properties activities funded, permitted, or carried continuing with residential, multi- Corporation, SCD–TSA Kaloko Makai out by Federal agencies would not be family, and commercial improvements. LLC, and TSA Corporation. A triggered. However, to date, only construction of description of the proposed Kaloko Forest City Hawaii Kona proposes to certain infrastructure improvements Makai Development is given above (see develop a master-planned community have been completed, and the sale of Kaloko Makai Development). SCD–TSA consisting of approximately 270 ac (109 residential lots is not anticipated until Kaloko Makai LLC is working with the ha) of privately owned lands in 2013, at the earliest (Harris 2011, pers. State’s DOFAW to develop a multi- proposed critical habitat Hawaii Unit 35
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for the HFDC. The development will and 2008, we designated critical habitat habitat. This action was not conducted include 1,020 to 2,330 single and multi- for 41 endangered plants on Hawaii in proposed critical habitat. family residences (including the Island (68 FR 39624; July 2, 2003); for The second formal consultation was proposed Keahuolu Affordable Housing the Blackburn’s sphinx moth on conducted on behalf of the FHWA Project), commercial and retail space, a Molokai, Maui, and Kahoolawe, and the regarding the Saddle Road Realignment site reserved for a school, parks, an island of Hawaii (68 FR 34710; June 10, and Improvement Project. The FHWA archaeological preserve, and open 2003); and for 12 picture-wing flies on proposed road construction activities in space. The State environmental review Kauai, Oahu, Molokai, Maui, and critical habitat for the endangered plants process has been completed and the Hawaii Island (73 FR 73794; December Clermontia peleana and Cyanea developer is targeting early 2012, for 4, 2008). We discuss our formal and platyphylla. Because the proposed receiving the grading and construction informal consultations conducted prior project included beneficial actions for permits for Phase 1 of development to 2003 on Hawaii Island in our final these species in other areas to offset any (Fujimoto 2011a, in litt.; Fujimoto rules to designate critical habitat on this impacts to habitat from road 2011b, in litt.). At this time we are island (68 FR 34710, June 10, 2003; 68 construction actions, the Service unaware of any ongoing actions or FR 39624, July 2, 2003). determined that this action was not authorized activities with a Federal Since the 2003 critical habitat likely to adversely modify critical nexus that may be subject to designations on Hawaii Island, we have habitat. This action was not conducted consultation under section 7 of the Act conducted 25 formal consultations and in proposed critical habitat. on the 270 ac (109 ha) of land owned 260 informal consultations on Hawaii The third formal consultation was by Forest City Hawaii Kona. Island, in addition to consultations on conducted on behalf of NOAA regarding None of the other three proposed Federal grants to State wildlife programs Pelekane Bay Watershed restoration. critical habitat units contain any that do not affect small entities. Of these The project area overlapped with 243 ac significant residential, commercial, 285 formal and informal consultations, (98 ha) of unoccupied critical habitat for industrial, or golf-course projects; crop 18 formal consultations and 60 informal an endangered plant Achyranthes farming; or intensive livestock consultations were primarily mutica. The NOAA proposed to build operations. Few projects are planned for consultations regarding Federal permits an ungulate exclosure fence around the locations in these other proposed to Service employees to implement 16,000-ac (6,500-ha) project area, critical habitat units. This situation conservation actions for listed species. remove all the ungulates within the reflects the fact that existing land-use The remainder, 7 formal consultations fenced area, and outplant native plants. controls severely limit development and and 225 informal consultations, Because these actions would greatly most other economic activities in the involved (in order of frequency) the enhance the suitability of the site to rugged lava terrain of the north Kona Department of Agriculture (USDA- support Achyranthes mutica in the region of Hawaii Island. Natural Resources Conservation Service future, and likely result in an overall Existing and planned projects, land (NRCS), USDA-Pesticide Branch, and benefit to the critical habitat by uses, and activities that could affect the USDA-Animal and Plant Health ameliorating several threats, the Service proposed critical habitat but have no Inspection Service (APHIS)), Federal determined that this project was not Federal involvement would not require Communications Commission (FCC), likely to adversely modify Achyranthes section 7 consultation with the Service, National Park Service (NPS), Federal mutica critical habitat. so they are not restricted by the Highway Administration (FHWA), The majority of the 225 informal requirements of the Act. Further, Department of Housing and Urban consultations that did not involve although some existing and continuing Development (HUD), Department of Service actions were related to proposed activities involve the operation and Transportation (DOT), U.S. Army, project effects on seabird (e.g., Newell’s maintenance of existing manmade Environmental Protection Agency shearwater (Puffinus auricularis newelli) features and structures in certain areas, (EPA), Hawaii Army National Guard, and Hawaiian petrel (Pterodroma these areas do not contain the physical National Oceanic Atmospheric phaeopygia)) flyways, the nene or or biological features for the species, Administration (NOAA), U.S. Hawaiian goose (Branta sandvicensis), and would not be impacted by the Geological Survey-Biological Resource the opeapea or Hawaiian hoary bat designation. Finally, for the anticipated Division (USGS–BRD), Federal (Lasiurus cinereus semotus), the io or projects and activities that will have Emergency Management Agency Hawaiian hawk (Buteo solitarius), and Federal involvement, many are (FEMA), U.S. Coast Guard, and the U.S. other listed species and their associated conservation efforts that would not Army Corps of Engineers. habitats. About one-third of the informal negatively impact critical habitat, so Three of the seven formal consultations were conducted with the they will not be subjected to a consultations concerned designated USDA for proposed funding for habitat protracted informal section 7 critical habitat, and we concurred with restoration projects under NRCS consultation. We also anticipate that a each agency’s determination that the programs such as the Wildlife Habitat developer or other project proponent project as proposed, was not likely to Incentives Program and Environmental could modify a project or take measures destroy or adversely modify critical Quality Incentives Program. A small to conserve critical habitat, if habitat. number of the informal consultations designated. One of the formal consultations was involved the FCC and the construction In addition, Federal agencies may also conducted on behalf of the U.S. Army of cellular telecommunication sites. need to reinitiate a previous Garrison regarding routine military Thirteen of the 260 informal consultation if discretionary training at the Pohakuloa Training Area consultations concerned designated involvement or control over the Federal (PTA). The U.S. Army proposed critical habitat, and in all cases we action has been retained or is authorized helicopter pinnacle landings in palila concurred with each agency’s by law and the activities may affect (Loxioides bailleui) critical habitat (42 determination that the project, as critical habitat. In 1984, we designated FR 40685; August 11, 1977). The Service proposed, had no effect or was not critical habitat for the endangered plant, determined the pinnacle landings on likely to adversely modify critical Kokia drynarioides (49 FR 47397; Puu Omaokaoli at PTA were not likely habitat. These projects were divided December 4, 1984), and between 2003 to adversely modify palila critical between conservation actions that
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would benefit listed species, statute, or regulation that would impose programs listed above onto State construction, and agricultural an enforceable duty upon State, local, or governments. operations. For the 247 informal tribal governments, or the private sector, (b) We do not believe that this rule consultations that did not concern and includes both ‘‘Federal would significantly or uniquely affect designated critical habitat, we intergovernmental mandates’’ and small governments. The lands we are concurred with each agency’s ‘‘Federal private sector mandates.’’ proposing for critical habitat determination that the project, as These terms are defined in 2 U.S.C. designation are owned by the County of proposed, was not likely to adversely 658(5)–(7). ‘‘Federal intergovernmental Hawaii, the State of Hawaii, private affect listed species. mandate’’ includes a regulation that citizens, and the Federal Government. In this rule, we are proposing to ‘‘would impose an enforceable duty None of these entities fit the definition designate critical habitat on a total upon State, local, or tribal governments’’ of ‘‘small governmental jurisdiction.’’ 18,766 ac (7,597 ha) of land. Fifty-five with two exceptions. It excludes ‘‘a Therefore, a Small Government Agency percent (10,304 ac (4,170 ha)) of this condition of Federal assistance.’’ It also Plan is not required. However, we will proposed critical habitat designation excludes ‘‘a duty arising from further evaluate this issue as we overlaps with already designated critical participation in a voluntary Federal conduct our economic analysis, and habitat for one or more species, and 45 program,’’ unless the regulation ‘‘relates review and revise this assessment as percent (8,464 ac (3,426 ha)) of the to a then-existing Federal program warranted. proposed designation is on land newly under which $500,000,000 or more is Takings—Executive Order 12630 proposed as critical habitat. Some of the provided annually to State, local, and Federal actions that were subject to tribal governments under entitlement In accordance with E.O. 12630 previous section 7 consultation are on authority,’’ if the provision would (Government Actions and Interference with Constitutionally Protected Private the lands we are proposing as critical ‘‘increase the stringency of conditions of Property Rights), we have analyzed the habitat in this rule. Therefore, there may assistance’’ or ‘‘place caps upon, or potential takings implications of be a requirement to reinitiate otherwise decrease, the Federal designating critical habitat for each of consultation for some ongoing Federal Government’s responsibility to provide the three species in a takings projects. funding,’’ and the State, local, or tribal implications assessment. The takings In the 2003 and 2008 economic governments ‘‘lack authority’’ to adjust implications assessment concludes that analyses of the designation of critical accordingly. At the time of enactment, this designation of critical habitat for habitat for 41 species of plants on the these entitlement programs were: each of these species does not pose island of Hawaii and Blackburn’s Medicaid; AFDC work programs; Child significant takings implications for sphinx moth, we evaluated the potential Nutrition; Food Stamps; Social Services lands within or affected by the proposed economic effects on small business Block Grants; Vocational Rehabilitation designation. entities resulting from the protection of State Grants; Foster Care, Adoption these species and their habitats related Assistance, and Independent Living; Federalism—Executive Order 13132 to the proposed designation of critical Family Support Welfare Services; and habitat and determined that it would In accordance with E.O. 13132 Child Support Enforcement. ‘‘Federal (Federalism), this proposed rule does not have a significant economic impact private sector mandate’’ includes a on a substantial number of small not have significant Federalism effects. regulation that ‘‘would impose an A federalism impact summary statement entities. The overlap between the enforceable duty upon the private critical habitat designations for the 41 is not required. In keeping with sector, except (i) a condition of Federal Department of the Interior and plant species and the Blackburn’s assistance or (ii) a duty arising from sphinx moth, and this proposed critical Department of Commerce policy, we participation in a voluntary Federal requested information from, and habitat designation is further evidence program.’’ that this proposal is not likely to have coordinated development of, this a significant economic impact on a The designation of critical habitat proposed critical habitat designation substantial number of small entities. does not impose a legally binding duty with appropriate State resource agencies Based on our evaluation above, we on non-Federal Government entities or in Hawaii. The critical habitat have determined that the proposed private parties. Under the Act, the only designation may have some benefit to designation of critical habitat for Bidens regulatory effect is that Federal agencies these governments because the areas micrantha ssp. ctenophylla, Isodendrion must ensure that their actions do not that contain the features essential to the pyrifolium, and Mezoneuron kavaiense destroy or adversely modify critical conservation of the species would be will not have a significant impact on a habitat under section 7. While non- more clearly defined, and the essential substantial number of small entities, for Federal entities that receive Federal features themselves are specifically the reasons described above. As a result, funding, assistance, or permits, or that identified. While making this definition an initial Regulatory Flexibility otherwise require approval or and identification does alter where and Analysis is not required. However, we authorization from a Federal agency for what federally sponsored activities may will reevaluate the potential impacts to an action, may be indirectly impacted occur, it may assist local governments in small entities in the economic analysis by the designation of critical habitat, the long–range planning (rather than having we develop for this proposed legally binding duty to avoid them wait for case-by-case section 7 designation. destruction or adverse modification of consultations to occur). critical habitat rests squarely on the Where State and local governments Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the require approval or authorization from a U.S.C. 1501 et seq.) extent that non-Federal entities are Federal agency for actions that may In accordance with the Unfunded indirectly impacted because they affect critical habitat, consultation Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate under section 7(a)(2) would be required. seq.), we make the following findings: in a voluntary Federal aid program, the While non-Federal entities that receive (a) This rule would not produce a Unfunded Mandates Reform Act would Federal funding, assistance, or permits, Federal mandate. In general, a Federal not apply, nor would critical habitat or that otherwise require approval or mandate is a provision in legislation, shift the costs of the large entitlement authorization from a Federal agency for
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an action, may be indirectly impacted the Ninth Circuit (Douglas County v. Statement of Energy Effects is required. by the designation of critical habitat, the Babbitt, 48 F.3d 1495 (9th Cir. 1995), Any comments we receive addressing legally binding duty to avoid cert. denied 516 U.S. 1042 (1996)). energy supply will be fully considered destruction or adverse modification of and addressed in our final Clarity of the Rule critical habitat rests squarely on the determination. Federal agency. We are required by Executive Orders 12866 and 12988 and by the References Cited Civil Justice Reform—Executive Order Presidential Memorandum of June 1, 12988 A complete list of references cited in 1998, to write all rules in plain this rule is available on the Internet at In accordance with E.O. 12988 (Civil language. This means that each rule we http://www.regulations.gov and upon Justice Reform), the Office of the publish must: request from the Pacific Islands Fish Solicitor has determined that the rule (a) Be logically organized; and Wildlife Office (see FOR FURTHER (b) Use the active voice to address does not unduly burden the judicial INFORMATION CONTACT, above). system and that it meets the readers directly; requirements of sections 3(a) and 3(b)(2) (c) Use clear language rather than Authors jargon; of the Order. We propose designating The primary authors of this document critical habitat in accordance with the (d) Be divided into short sections and sentences; and are the staff members of the Pacific provisions of the Act. This proposed Islands Fish and Wildlife Office. rule uses standard property descriptions (e) Use lists and tables wherever and identifies the physical and possible. List of Subjects in 50 CFR part 17 biological features within the designated If you feel that we have not met these requirements, send us comments by one Endangered and threatened species, areas to assist the public in Exports, Imports, Reporting and understanding the habitat needs of each of the methods listed in the ADDRESSES section. To better help us revise the recordkeeping requirements, and of the species being considered in this Transportation. proposed rule. rule, your comments should be as specific as possible. For example, you Proposed Regulation Promulgation Paperwork Reduction Act of 1995 (44 should tell us the numbers of the U.S.C. 3501 et seq.) sections or paragraphs that are unclearly Accordingly, we propose to amend This rule does not contain any new written, which sections or sentences are part 17, subchapter B of chapter I, title collections of information that require too long, the sections where you feel 50 of the Code of Federal Regulations, approval by OMB under the Paperwork lists or tables would be useful, etc. as set forth below: Reduction Act of 1995 (44 U.S.C. 3501 Energy Supply, Distribution, or Use PART 17—[AMENDED] et seq.). This rule will not impose recordkeeping or reporting requirements On May 18, 2001, the President issued 1. The authority citation for part 17 on State or local governments, an Executive Order (E.O. 13211; Actions continues to read as follows: individuals, businesses, or Concerning Regulations That Authority: 16 U.S.C. 1361–1407; 16 U.S.C. organizations. An agency may not Significantly Affect Energy Supply, Distribution, or Use) on regulations that 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– conduct or sponsor, and a person is not 625, 100 Stat. 3500; unless otherwise noted. required to respond to, a collection of significantly affect energy supply, information unless it displays a distribution, and use. Executive Order 2. Amend § 17.11(h), the List of currently valid OMB control number. 13211 requires agencies to prepare Endangered and Threatened Wildlife, as Statements of Energy Effects when follows: National Environmental Policy Act undertaking certain actions. This a. By adding an entry for ‘‘Fly, (NEPA) proposed rule to designate critical Hawaiian picture-wing’’ (Drosophila It is our position that, outside the habitat for Bidens micrantha ssp. digressa), in alphabetical order under jurisdiction of the Circuit Court of the ctenophylla, Isodendrion pyrifolium, INSECTS, to read as set forth below; and United States for the Tenth Circuit, we and Mezoneuron kavaiense is not a b. By adding an entry for ‘‘Shrimp, do not need to prepare environmental significant regulatory action under E.O. anchialine pool’’ (Vetericaris analyses as defined by NEPA (42 U.S.C. 12866. There are no energy facilities chaceorum), in alphabetical order under 4321 et seq.) in connection with within the footprint of the proposed CRUSTACEANS, to read as set forth designating critical habitat under the critical habitat boundaries. Accordingly, below. Act. We published a notice outlining we do not expect the designation of this our reasons for this determination in the proposed critical habitat to significantly § 17.11 Endangered and threatened Federal Register on October 25, 1983 affect energy supplies, distribution, or wildlife. (48 FR 49244). This assertion was use. Therefore, this action is not a * * * * * upheld by the U.S. Court of Appeals for significant energy action, and no (h) * * *
Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened
******* INSECTS
******* Fly, Hawaiian picture- Drosophila digressa .... U.S.A. (HI) ...... NA E NA NA wing.
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Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened
******* CRUSTACEANS
******* Shrimp, anchialine pool Vetericaris chaceorum U.S.A. (HI) ...... NA E NA NA
*******
3. Amend § 17.12(h), the List of c. By adding entries for Bidens ssp. macraei, Schiedea hawaiiensis, and Endangered and Threatened Plants, as hillebrandiana ssp. hillebrandiana, Stenogyne cranwelliae in alphabetical follows: Bidens micrantha ssp. ctenophylla, order under FLOWERING PLANTS, to a. By removing the entry for Cyanea marksii, Cyanea tritomantha, read as set forth below. Caesalpinia kavaiensis under Cyrtandra nanawaleensis, Cyrtandra FLOWERING PLANTS, wagneri, Mezoneuron kavaiense, § 17.12 Endangered and threatened plants. b. By revising the entry for Phyllostegia floribunda, Pittosporum * * * * * Isodendrion pyrifolium under hawaiiense, Platydesma remyi, FLOWERING PLANTS to read as set (h) * * * Pritchardia lanigera, Schiedea diffusa forth below;
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* * * * * k. By removing the map in paragraph § 17.99 Critical habitat; plants on the 4. Amend § 17.99 as follows: (k)(102)(ii), and adding in its place the Hawaiian Islands, HI. a. By revising the section heading to map set forth below; * * * * * read as set forth below; l. By redesignating paragraphs (k) Maps and critical habitat unit b. By revising the introductory text of (k)(104) and (k)(105) as paragraphs paragraph (k) to read as set forth below; (k)(121) and (k)(122); descriptions for the island of Hawaii, c. By revising the index map at m. By adding new paragraphs HI. Critical habitat units are described paragraph (k)(1) as set forth below; (k)(104), (k)(105), (k)(106), (k)(107), below. Coordinates are in UTM Zone 4 d. By redesignating paragraphs (k)(40) (k)(108), (k)(109), (k)(110), (k)(111), with units in meters using North through (k)(52) as paragraphs (k)(41) (k)(112), (k)(113), (k)(114), (k)(115), American Datum of 1983 (NAD83). The through (k)(53); (k)(116), (k)(117), (k)(118), (k)(119), and following map shows the general e. By adding new paragraph (k)(40) to (k)(120), to read as set forth below; locations of the critical habitat units read as set forth below; n. By revising newly designated designated on the island of Hawaii. f. By redesignating newly designated paragraph (k)(121) to read as set forth Existing manmade features and paragraphs (k)(46) through (k)(53) as below; structures, such as buildings, roads, paragraphs (k)(48) through (k)(55); o. By removing the entry ‘‘Family railroads, airports, runways, other paved g. By adding new paragraphs (k)(46) Violaceae: Isodendrion pyrifolium areas, lawns, and other urban and (k)(47) to read as set forth below; (wahine noho kula)’’ from paragraph landscaped areas, are not included in h. By removing the map in paragraph (l)(1); and the critical habitat designation. Federal (k)(97)(ii), and adding in its place the p. By adding entries for ‘‘Family actions limited to those areas, therefore, Asteraceae: Bidens micrantha ssp. map set forth below; would not trigger a consultation under i. By removing the map in paragraph ctenophylla’’, ‘‘Family Fabaceae: section 7 of the Act unless they may (k)(100)(ii), and adding in its place the Mezoneuron kavaiense’’, and ‘‘Family affect the species or physical or map set forth below; Violaceae: Isodendrion pyrifolium’’ in j. By removing the map in paragraph alphabetical order by family name to biological features in adjacent critical (k)(101)(ii), and adding in its place the paragraph (l)(1) to read as set forth habitat. map set forth below; below: (1) NOTE: Map 1, Index map, follows:
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* * * * * ctenophylla–a.]. This unit is also critical paragraphs (k)(46) and (k)(47), (40) Hawaii 10—Bidens micrantha habitat for Hawaii 10—Isodendrion respectively, of this section). ssp. ctenophylla–a (1,179 ha; 2,914 ac) pyrifolium–a and Hawaii 10— (ii) NOTE: Map 39a follows: (i) [Reserved for textual description of Mezoneuron kavaiense–a (see Hawaii 10—Bidens micrantha ssp.
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* * * * * (46) Hawaii 10—Isodendrion (100) * * * (101) * * * pyrifolium–a (1,179 ha; 2,914 ac) (i) * * * (i) * * * (i) See paragraph (k)(40)(i) of this (ii) NOTE: Map 100 follows: (ii) NOTE: Map 101 follows: section for the textual description of this unit. (ii) See paragraph (k)(40)(ii) of this section for the map of this unit. (47) Hawaii 10—Mezoneuron kavaiense–a (1,179 ha; 2,914 ac) (i) See paragraph (k)(40)(i) of this section for the textual description of this unit. (ii) See paragraph (k)(40)(ii) of this section for the map of this unit. * * * * * (97) * * * (i) * * * (ii) NOTE: Map 97 follows:
* * * * * * * * * *
* * * * *
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(104) Hawaii 31–Bidens micrantha (102) * * * ssp. ctenophylla–b (9,936 ac; 4,021 ha) (i) * * * (i) [Reserved for textual description of Hawaii 31–Bidens micrantha ssp. (ii) NOTE: Map 102 follows: ctenophylla–b.] This unit is also critical habitat for Hawaii 31–Isodendrion pyrifolium–b and Hawaii 31– Mezoneuron kavaiense– b (see paragraphs (k)(105) and (k)(106), respectively, of this section). (ii) NOTE: Map 104 follows:
* * * * *
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(105) Hawaii 31–Isodendrion (i) See paragraph (k)(104)(i) of this ctenophylla–c.] This unit is also critical pyrifolium–b (9,936 ac; 4,021 ha) section for the textual description of this habitat for Hawaii 32–Isodendrion (i) See paragraph (k)(104)(i) of this unit. pyrifolium–c and Hawaii 32– section for the textual description of this (ii) See paragraph (k)(104)(ii) of this Mezoneuron kavaiense–c (see unit. section for the map of this unit. paragraphs (k)(108) and (k)(109), (ii) See paragraph (k)(104)(ii) of this (107) Hawaii 32–Bidens micrantha respectively, of this section). section for the map of this unit. ssp. ctenophylla–c (1,779 ac; 720 ha) (106) Hawaii 31–Mezoneuron (i) [Reserved for textual description of (ii) NOTE: Map 105 follows: kavaiense–b (9,936 ac; 4,021 ha) Hawaii 32–Bidens micrantha ssp.
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(108) Hawaii 32—Isodendrion (i) See paragraph (k)(107)(i) of this for Hawaii 33—Isodendrion pyrifolium– pyrifolium–c (1,779 ac; 720 ha) section for the textual description of this d and Hawaii 33—Mezoneuron (i) See paragraph (k)(107)(i) of this unit. kavaiense—d (see paragraphs (k)(111) section for the textual description of this (ii) See paragraph (k)(107)(ii) of this and (k)(112), respectively of this unit. section for the map of this unit. section). (ii) See paragraph (k)(107)(ii) of this (110) Hawaii 33—Bidens micrantha section for the map of this unit. ssp. ctenophylla–d (1,583 ac; 640 ha), (ii) NOTE: Map 106 follows: (109) Hawaii 32—Mezoneuron (i) [Reserved for textual description of kavaiense–c (1,779 ac; 720 ha) Unit 33.] This unit is also critical habitat
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BILLING CODE 4310–55–C
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(111) Hawaii 33—Isodendrion (i) See paragraph (k)(113)(i) of this (ii) See paragraph (k)(110)(ii) of this pyrifolium–d (1,583 ac; 640 ha) section for the textual description of this section for the map of this unit. (i) See paragraph (k)(110)(i) of this unit. (118) Hawaii 35—Mezoneuron section for the textual description of this (ii) See paragraph (k)(110)(ii) of this kavaiense–f (1,192 ac; 485 ha) unit. section for the map of this unit. (i) See paragraph (k)(116)(i) of this (ii) See paragraph (k)(110)(ii) of this (115) Hawaii 34—Mezoneuron section for the textual description of this section for the map of this unit. kavaiense–e (961 ac; 389 ha) unit. (112) Hawaii 33—Mezoneuron (i) See paragraph (k)(113)(i) of this (ii) See paragraph (k)(110)(ii) of this kavaiense–d (1,583 ac; 640 ha) section for the textual description of this section for the map of this unit. (i) See paragraph (k)(110)(i) of this unit. (119) Hawaii 36—Bidens micrantha (ii) See paragraph (k)(110)(ii) of this section for the textual description of this ssp. ctenophylla–g (402 ac; 163 ha) section for the map of this unit. unit. (116) Hawaii 35—Bidens micrantha (i) [Reserved for textual description of (ii) See paragraph (k)(110)(ii) of this ssp. ctenophylla–f (1,192 ac; 485 ha) Unit 36.] This unit is also critical habitat section for the map of this unit. (i) [Reserved for textual description of for Hawaii 36—Isodendrion pyrifolium– (113) Hawaii 34—Bidens micrantha Unit 35.] This unit is also critical habitat g (see paragraph (k)(120) of this section). ssp. ctenophylla–e (961 ac; 389 ha) for Hawaii 35—Isodendrion pyrifolium– (ii) See paragraph (k)(110)(ii) of this (i) [Reserved for textual description of f and Hawaii 35—Mezoneuron section for the map of this unit. Unit 34.] This unit is also critical habitat kavaiense—f (see paragraphs (k)(117) (120) Hawaii 36—Isodendrion for Hawaii 34—Isodendrion pyrifolium– and (k)(118), respectively of this pyrifolium–g (402 ac; 163 ha) e and Hawaii 34—Mezoneuron section). (i) See paragraph (k)(119)(i) of this kavaiense–e (see paragraphs (k)(114) (ii) See paragraph (k)(110)(ii) of this section for the textual description of this and (k)(115), respectively of this section for the map of this unit. unit. section). (117) Hawaii 35—Isodendrion (ii) See paragraph (k)(110)(ii) of this (ii) See paragraph (k)(110)(ii) of this pyrifolium–f (1,192 ac; 485 ha) section for the map of this unit. section for the map of this unit. (i) See paragraph (k)(116)(i) of this (121) Table of Protected Species (114) Hawaii 34—Isodendrion section for the textual description of this Within Each Critical Habitat Unit for the pyrifolium–e (961 ac; 389 ha) unit. Island of Hawaii
Unit name Species occupied Species unoccupied
Hawaii 1—Clermontia lindseyana–a ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 1—Clermontia peleana–a ...... Clermontia peleana ...... Clermontia peleana. Hawaii 1—Clermontia pyrularia–a ...... Clermontia pyrularia. Hawaii 1—Cyanea shipmanii–a ...... Cyanea shipmanii ...... Cyanea shipmanii. Hawaii 1—Phyllostegia racemosa–a ...... Phyllostegia racemosa ...... Phyllostegia racemosa. Hawaii 2—Clermontia lindseyana–b ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 2—Clermontia pyrularia–b ...... Clermontia pyrularia ...... Clermontia pyrularia. Hawaii 2—Phyllostegia racemosa–b ...... Phyllostegia racemosa ...... Phyllostegia racemosa. Hawaii 3—Clermontia peleana–b ...... Clermontia peleana ...... Clermontia peleana. Hawaii 3—Cyanea platyphylla–a ...... Cyanea platyphylla ...... Cyanea platyphylla. Hawaii 3—Cyrtandra giffardii–a ...... Cyrtandra giffardii ...... Cyrtandra giffardii. Hawaii 3—Cyrtandra tintinnabula–a ...... Cyrtandra tintinnabula ...... Cyrtandra tintinnabula. Hawaii 3—Phyllostegia warshaueri–a ...... Phyllostegia warshaueri ...... Phyllostegia warshaueri. Hawaii 4—Isodendrion hosakae–a ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae–b ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae–c ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae–d ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae–e ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae–f ...... Isodendrion hosakae ...... Isodendrion hosakae. Hawaii 4—Vigna o-wahuensis–a ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis–b ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis–c ...... Vigna o-wahuensis. Hawaii 5—Nothocestrum breviflorum–a ...... Nothocestrum breviflorum. Hawaii 6—Nothocestrum breviflorum–b ...... Nothocestrum breviflorum ...... Nothocestrum breviflorum. Hawaii 7—Pleomele hawaiiensis–a ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 8—Clermontia drepanomorpha–a ...... Clermontia drepanomorpha ...... Clermontia drepanomorpha. Hawaii 8—Phyllostegia warshaueri–b ...... Phyllostegia warshaueri ...... Phyllostegia warshaueri. Hawaii 9—Achyranthes mutica–a ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–b ...... Achyranthes mutica ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–c ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–d ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–e ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–f ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–g ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–h ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–i ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica–j ...... Achyranthes mutica. Hawaii 10—Argyroxiphium kauense–a ...... Argyroxiphium kauense. Hawaii 10—Bidens micrantha ssp. ctenophylla–a ...... Bidens micrantha ssp. ctenophylla. Hawaii 10—Bonamia menziesii–a ...... Bonamia menziesii. Hawaii 10—Colubrina oppositifolia–a ...... Colubrina oppositifolia ...... Colubrina oppositifolia. Hawaii 10—Delissea undulata–a ...... Delissea undulata. Hawaii 10—Delissea undulata–b ...... Delissea undulata ...... Delissea undulata.
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Unit name Species occupied Species unoccupied
Hawaii 10—Hibiscadelphus hualalaiensis–a ...... Hibiscadelphus hualalaiensis ...... Hibiscadelphus hualalaiensis. Hawaii 10—Hibiscus brackenridgei–a ...... Hibiscus brackenridgei ...... Hibiscus brackenridgei. Hawaii 10—Isodendrion pyrifolium–a ...... Isodendrion pyrifolium. Hawaii 10—Mezoneuron kavaiense–a ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 10—Neraudia ovata–a ...... Neraudia ovata. Hawaii 10—Nothocestrum breviflorum–c ...... Nothocestrum breviflorum ...... Nothocestrum breviflorum. Hawaii 10—Pleomele hawaiiensis–b ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 10—Solanum incompletum–a ...... Solanum incompletum. Hawaii 10—Zanthoxylum dipetalum ssp. tomentosum–a ...... Zanthoxylum dipetalum ssp. Zanthoxylum dipetalum ssp. tomentosum. tomentosum. Hawaii 11—Cyanea hamatiflora ssp. carlsonii–a ...... Cyanea hamatiflora ssp. carlsonii Cyanea hamatiflora ssp. carlsonii. Hawaii 11—Solanum incompletum–b ...... Solanum incompletum. Hawaii 14—Cyanea hamatiflora ssp. carlsonii–b ...... Cyanea hamatiflora ssp. carlsonii. Hawaii 15—Cyanea hamatiflora ssp. carlsonii–c ...... Cyanea hamatiflora ssp. carlsonii. Hawaii 15—Cyanea stictophylla–a ...... Cyanea stictophylla ...... Cyanea stictophylla. Hawaii 16—Cyanea hamatiflora ssp. carlsonii–d ...... Cyanea hamatiflora ssp. carlsonii Cyanea hamatiflora ssp. carlsonii. Hawaii 16—Cyanea stictophylla–b ...... Cyanea stictophylla ...... Cyanea stictophylla. Hawaii 17—Diellia erecta–a ...... Diellia erecta ...... Diellia erecta. Hawaii 17—Flueggea neowawraea–a ...... Flueggea neowawraea ...... Flueggea neowawraea. Hawaii 18—Colubrina oppositifolia–b ...... Colubrina oppositifolia ...... Colubrina oppositifolia. Hawaii 18—Diellia erecta–b ...... Diellia erecta ...... Diellia erecta. Hawaii 18—Flueggea neowawraea–b ...... Flueggea neowawraea ...... Flueggea neowawraea. Hawaii 18—Gouania vitifolia–a ...... Gouania vitifolia ...... Gouania vitifolia. Hawaii 18—Neraudia ovata–d ...... Neraudia ovata ...... Neraudia ovata. Hawaii 18—Pleomele hawaiiensis–c ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 19—Mariscus fauriei–a ...... Mariscus fauriei ...... Mariscus fauriei. Hawaii 20—Sesbania tomentosa–a ...... Sesbania tomentosa ...... Sesbania tomentosa. Hawaii 21—Ischaemum byrone–a ...... Ischaemum byrone. Hawaii 22—Ischaemum byrone–b ...... Ischaemum byrone ...... Ischaemum byrone. Hawaii 23—Pleomele hawaiiensis–d ...... Pleomele hawaiiensis ...... Pleomele hawaiiensis. Hawaii 23—Sesbania tomentosa–b ...... Sesbania tomentosa ...... Sesbania tomentosa. Hawaii 24—Argyroxiphium kauense–b ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 24—Asplenium fragile var. insulare–a ...... Asplenium fragile var. insulare ...... Asplenium fragile var. insulare. Hawaii 24—Cyanea stictophylla–c ...... Cyanea stictophylla. Hawaii 24—Melicope zahlbruckneri–a ...... Melicope zahlbruckneri. Hawaii 24—Phyllostegia velutina–a ...... Phyllostegia velutina ...... Phyllostegia velutina. Hawaii 24—Plantago hawaiensis–a ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 25—Argyroxiphium kauense–c ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 25—Plantago hawaiensis–b ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 25—Silene hawaiiensis–a ...... Silene hawaiiensis ...... Silene hawaiiensis. Hawaii 26—Hibiscadelphus giffardianus–a ...... Hibiscadelphus giffardianus ...... Hibiscadelphus giffardianus. Hawaii 26—Melicope zahlbruckneri–b ...... Melicope zahlbruckneri ...... Melicope zahlbruckneri. Hawaii 27—Portulaca sclerocarpa–a ...... Portulaca sclerocarpa ...... Portulaca sclerocarpa. Hawaii 27—Silene hawaiiensis–b ...... Silene hawaiiensis ...... Silene hawaiiensis. Hawaii 28—Adenophorus periens–a ...... Adenophorus periens ...... Adenophorus periens. Hawaii 29—Clermontia peleana–c ...... Clermontia peleana ...... Clermontia peleana. Hawaii 29—Cyanea platyphylla–b ...... Cyanea platyphylla ...... Cyanea platyphylla. Hawaii 29—Cyrtandra giffardii–b ...... Cyrtandra giffardii. Hawaii 29—Cyrtandra tintinnabula–b ...... Cyrtandra tintinnabula. Hawaii 30—Argyroxiphium kauense–d ...... Argyroxiphium kauense ...... Argyroxiphium kauense. Hawaii 30—Clermontia lindseyana–c ...... Clermontia lindseyana ...... Clermontia lindseyana. Hawaii 30—Cyanea shipmanii–b ...... Cyanea shipmanii ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii–c ...... Cyanea shipmanii. Hawaii 30—Cyanea stictophylla–d ...... Cyanea stictophylla. Hawaii 30—Cyrtandra giffardii–c ...... Cyrtandra giffardii ...... Cyrtandra giffardii. Hawaii 30—Phyllostegia racemosa–c ...... Phyllostegia racemosa. Hawaii 30—Phyllostegia velutina–b ...... Phyllostegia velutina ...... Phyllostegia velutina. Hawaii 30—Plantago hawaiensis–c ...... Plantago hawaiensis ...... Plantago hawaiensis. Hawaii 30—Sicyos alba–a ...... Sicyos alba ...... Sicyos alba. Hawaii 31—Bidens micrantha ssp. ctenophylla–b ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 31—Isodendrion pyrifolium–b ...... Isodendrion pyrifolium. Hawaii 31—Mezoneuron kavaiense–b ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 32—Bidens micrantha ssp. ctenophylla–c ...... Bidens micrantha ssp. ctenophylla. Hawaii 32—Isodendrion pyrifolium–c ...... Isodendrion pyrifolium. Hawaii 32—Mezoneuron kavaiense–c ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 33—Bidens micrantha ssp. ctenophylla–d ...... Bidens micrantha ssp. ctenophylla. Hawaii 33—Isodendrion pyrifolium–d ...... Isodendrion pyrifolium. Hawaii 33—Mezoneuron kavaiense–d ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 34—Bidens micrantha ssp. ctenophylla–e ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 34—Isodendrion pyrifolium–e ...... Isodendrion pyrifolium. Hawaii 34—Mezoneuron kavaiense–e ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense. Hawaii 35—Bidens micrantha ssp. ctenophylla–f ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 35—Isodendrion pyrifolium–f ...... Isodendrion pyrifolium ...... Isodendrion pyrifolium. Hawaii 35—Mezoneuron kavaiense–f ...... Mezoneuron kavaiense ...... Mezoneuron kavaiense.
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Unit name Species occupied Species unoccupied
Hawaii 36—Bidens micrantha ssp. ctenophylla–g ...... Bidens micrantha ssp. ctenophylla Bidens micrantha ssp. ctenophylla. Hawaii 36—Isodendrion pyrifolium–g ...... Isodendrion pyrifolium.
* * * * * (v) Subcanopy: Chamaesyce, FAMILY VIOLACEAE: (l) Plants on Hawaii; Constituent Dodonaea, Osteomeles, Psydrax, Isodendrion pyrifolium (WAHINE elements. Scaevola, Wikstroemia. NOHO KULA) (1) Flowering plants. (vi) Understory: Alyxia, Artemisia, * * * * * Bidens, Capparis, Chenopodium, Hawaii 10—Isodendrion pyrifolium–a, (1) Plants on Hawaii; Constituent Nephrolepis, Peperomia, Sicyos. Hawaii 31—Isodendrion pyrifolium–b, Hawaii 32—Isodendrion pyrifolium–c, elements. * * * * * (1) Flowering plants. Hawaii 33—Isodendrion pyrifolium–d, FAMILY FABACEAE: Hawaii 34—Isodendrion pyrifolium–e, * * * * * Hawaii 35—Isodendrion pyrifolium–f, Mezoneuron kavaiense (UHIUHI) FAMILY ASTERACEAE: and Hawaii 36—Isodendrion pyrifolium–g, identified in the legal Bidens micrantha ssp. ctenophylla Hawaii 10—Mezoneuron kavaiense–a, descriptions in paragraph (k) of this (KOOKOOLAU) Hawaii 31—Mezoneuron kavaiense–b, Hawaii 32—Mezoneuron kavaiense–c, section, constitute critical habitat for Hawaii 10—Bidens micrantha ssp. Hawaii 33—Mezoneuron kavaiense–d, Isodendrion pyrfolium on Hawaii ctenophylla–a, Hawaii 31—Bidens Hawaii 34—Mezoneuron kavaiense–e, Island. In units Hawaii 10—Isodendrion micrantha ssp. ctenophylla–b, Hawaii and Hawaii 35—Mezoneuron pyrifolium–a, Hawaii 31—Isodendrion 32—Bidens micrantha ssp. ctenophylla– kavaiense–f, identified in the legal pyrifolium–b, Hawaii 32—Isodendrion c, Hawaii 33—Bidens micrantha ssp. descriptions in paragraph (k) of this pyrifolium–c, Hawaii 33—Isodendrion ctenophylla–d, Hawaii 34—Bidens section, constitute critical habitat for pyrifolium–d, Hawaii 34—Isodendrion micrantha ssp. ctenophylla–e, Hawaii Mezoneuron kavaiense on Hawaii pyrifolium–e, Hawaii 35—Isodendrion 35—Bidens micrantha ssp. ctenophylla– Island. In units Hawaii 10—Mezoneuron pyrifolium–f, and Hawaii 36— f, and Hawaii 36—Bidens micrantha kavaiense–a, Hawaii 31—Mezoneuron Isodendrion pyrifolium–g, the physical ssp. ctenophylla–g, identified in the kavaiense–b, Hawaii 32—Mezoneuron and biological features of critical habitat legal descriptions in paragraph (k) of kavaiense–c, Hawaii 33—Mezoneuron are: this section, constitute critical habitat kavaiense–d, Hawaii 34—Mezoneuron (i) Elevation: Less than 3,300 ft (1,000 for Bidens micrantha ssp. ctenophylla kavaiense–e, and Hawaii 35— m). on Hawaii Island. In units Hawaii 10– Mezoneuron kavaiense–f, the physical (ii) Annual precipitation: Less than 50 Bidens micrantha ssp. ctenophylla–a, and biological features of critical habitat in (130 cm). Hawaii 31—Bidens micrantha ssp. are: (iii) Substrate: Weathered silty loams ctenophylla–b, Hawaii 32—Bidens to stony clay, rocky ledges, little- micrantha ssp. ctenophylla–c, Hawaii (i) Elevation: Less than 3,300 ft (1,000 m). weathered lava. 33—Bidens micrantha ssp. ctenophylla– (iv) Canopy: Diospyros, Erythrina, d, Hawaii 34—Bidens micrantha ssp. (ii) Annual precipitation: Less than 50 Metrosideros, Myoporum, Pleomele, ctenophylla–e, Hawaii 35—Bidens in (130 cm). Santalum, Sapindus. micrantha ssp. ctenophylla–f, and (iii) Substrate: Weathered silty loams (v) Subcanopy: Chamaesyce, Hawaii 36—Bidens micrantha ssp. to stony clay, rocky ledges, little- Dodonaea, Osteomeles, Psydrax, ctenophylla–g, the physical and weathered lava. Scaevola, Wikstroemia. biological features of critical habitat are: (iv) Canopy: Diospyros, Erythrina, (vi) Understory: Alyxia, Artemisia, (i) Elevation: Less than 3,300 ft (1,000 Metrosideros, Myoporum, Pleomele, Bidens, Capparis, Chenopodium, m). Santalum, Sapindus. Nephrolepis, Peperomia, Sicyos. (ii) Annual precipitation: Less than 50 (v) Subcanopy: Chamaesyce, * * * * * in (130 cm). (iii) Substrate: Weathered silty loams Dodonaea, Osteomeles, Psydrax, Dated: September 13, 2012. to stony clay, rocky ledges, little- Scaevola, Wikstroemia. Michael Bean, weathered lava. (vi) Understory: Alyxia, Artemisia, Acting Principal Deputy Assistant Secretary (iv) Canopy: Diospyros, Erythrina, Bidens, Capparis, Chenopodium, for Fish and Wildlife and Parks. Metrosideros, Myoporum, Pleomele, Nephrolepis, Peperomia, Sicyos. [FR Doc. 2012–24550 Filed 10–16–12; 8:45 am] Santalum, Sapindus. * * * * * BILLING CODE 4310–55–P
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Part III
The President
Proclamation 8888—National School Lunch Week, 2012
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Federal Register Presidential Documents Vol. 77, No. 201
Wednesday, October 17, 2012
Title 3— Proclamation 8888 of October 12, 2012
The President National School Lunch Week, 2012
By The President Of The United States Of America
A Proclamation Our children are the key to America’s success in the 21st century, and it is incumbent upon us all to ensure they have the resources they need to reach their greatest potential—including access to healthy meals at school. During National School Lunch Week, we recognize all those whose dedicated work and care make good nutrition a reality for our sons and daughters. Our students deserve the best possible chance to live healthy, productive lives. Since the National School Lunch Program was founded over six decades ago, schools have served over 200 billion lunches that have helped genera- tions of children achieve in the classroom and grow into our country’s next generation of leaders. This school year, the program will carry that legacy forward by providing nutritious meals for tens of millions of students every day. These meals are a vital source of fruits, vegetables, and other fresh and nutritious foods for our Nation’s young people. Through efforts like First Lady Michelle Obama’s Let’s Move! initiative, we are continuing to bring together stakeholders at every level of government, in the private sector, and throughout our communities to ensure more children have access to the healthy, affordable food they need to learn and grow. Soon after President Harry Truman signed the National School Lunch Act in 1946, he reminded us that ‘‘nothing is more important in our national life than the welfare of our children, and proper nourishment comes first in attaining this welfare.’’ This week, we thank the countless individuals who make our children’s well-being their highest priority, and celebrate the National School Lunch Program as a foundation for their success in the years to come. The Congress, by joint resolution of October 9, 1962 (Public Law 87–780), as amended, has designated the week beginning on the second Sunday in October each year as ‘‘National School Lunch Week,’’ and has requested the President to issue a proclamation in observance of this week. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim the week of October 14 through October 20, 2012, as National School Lunch Week. I call upon all Americans to join the dedicated individuals who administer the National School Lunch Program in appropriate activities that support the health and well-being of our Nation’s children.
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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of October, in the year of our Lord two thousand twelve, and of the Independ- ence of the United States of America the two hundred and thirty-seventh.
[FR Doc. 2012–25742 Filed 10–16–12; 11:15 am] Billing code 3295–F3
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Reader Aids Federal Register Vol. 77, No. 201 Wednesday, October 17, 2012
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 429...... 59712, 59719 430...... 59712, 59719 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 8871...... 60277 Proposed Rules: 72...... 63254 Other Services 8872...... 60279 741–6020 8873...... 60603 Electronic and on-line services (voice) 12 CFR Privacy Act Compilation 741–6064 8874...... 60605 Public Laws Update Service (numbers, dates, etc.) 741–6043 8875...... 60607 9...... 61229 TTY for the deaf-and-hard-of-hearing 741–6086 8876...... 60609 46...... 61238 8877...... 60611 252...... 62378, 62396 8878...... 60613 325...... 62417 ELECTRONIC RESEARCH 8879...... 60615 380...... 63205 World Wide Web 8880...... 60617 611...... 60582 Full text of the daily Federal Register, CFR and other publications 8881...... 62133 612...... 60582 is located at: www.fdsys.gov. 8882...... 62135 619...... 60582 8883...... 62137 Federal Register information and research tools, including Public 620...... 60582 8884...... 62413 630...... 60582 Inspection List, indexes, and links to GPO Access are located at: 8885...... 63201 www.ofr.gov. Proposed Rules: 8886...... 63203 45...... 60057 E-mail 8887...... 63709 48...... 62177 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8888...... 64021 237...... 60057 an open e-mail service that provides subscribers with a digital Executive Orders: 324...... 60057, 63763 form of the Federal Register Table of Contents. The digital form 13627...... 60029 624...... 60057 of the Federal Register Table of Contents includes HTML and 13622 (amended by 1221...... 60057 PDF links to the full text of each document. 13628) ...... 62139 1238...... 60948 13628...... 62139 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: Online mailing list archives, FEDREGTOC-L, Join or leave the list 14 CFR Memorandums: (or change settings); then follow the instructions. Memorandum of 1...... 62147 PENS (Public Law Electronic Notification Service) is an e-mail September 27, 29...... 60883 service that notifies subscribers of recently enacted laws. 2012 ...... 60035 39 ...... 59726, 59728, 59732, 60285, 60288, 60296, 60887, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notices: 60889, 60891, 61511, 63215, and select Join or leave the list (or change settings); then follow Notice of September 63711, 63712, 63714, 63716 the instructions. 11, 2012 (corrected)...... 60037 61...... 61721 FEDREGTOC-L and PENS are mailing lists only. We cannot Order of September 71...... 61248 respond to specific inquiries. 28, 2012 ...... 60281 97 ...... 59735, 59738, 62427, Reference questions. Send questions and comments about the Presidential 62429 Federal Register system to: [email protected] Determinations: 121...... 63217 The Federal Register staff cannot interpret specific documents or No. 2012–17 of 400...... 61513 regulations. September 28, 440...... 63221 1204...... 60619 Reminders. Effective January 1, 2009, the Reminders, including 2012 ...... 61507 No. 2012–18 of 1212...... 60620 Rules Going Into Effect and Comments Due Next Week, no longer Proposed Rules: appear in the Reader Aids section of the Federal Register. This September 28, 2012 ...... 61509 39 ...... 59873, 60060, 60062, information can be found online at http://www.regulations.gov. 60064, 60073, 60075, 60323, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 5 CFR 60325, 60331, 60651, 60653, longer appears in the Federal Register. This information can be 532...... 63205 60655, 60658, 61303, 61539, found online at http://bookstore.gpo.gov/. 1200...... 62350 61542, 61548, 61550, 61731, 1201...... 62350 62182, 62466, 63260, 63262, FEDERAL REGISTER PAGES AND DATE, OCTOBER 1203...... 62350 63264, 63266, 63268, 63270, 1208...... 62350 63272, 63275, 63281, 63282, 59709–60028...... 1 1209...... 62350 63285 60029–60276...... 2 1631...... 60039, 61229 71 ...... 60660, 61304, 61306, 60277–60602...... 3 62468 60603–60882...... 4 7 CFR 60883–61228...... 5 301...... 59709 15 CFR 61229–61506...... 9 331...... 61056 61507–61720...... 10 744...... 61249 61721–62132...... 11 9 CFR 902...... 63719 62133–62416...... 12 121...... 61056 62417–63200...... 15 16 CFR 63201–63710...... 16 10 CFR 260...... 62122 63711–64022...... 17 50...... 60039 1101...... 61513
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17 CFR 34 CFR 2540...... 60922 161...... 59768 232...... 62431 36...... 60047 2551...... 60922 162...... 59768 2552...... 60922 164...... 59768 Proposed Rules: 36 CFR 167...... 59768 275...... 62185 46 CFR 7...... 60050 169...... 59768 18 CFR 1...... 59768 170...... 59768 Proposed Rules: 2...... 59768 171...... 59768 7...... 62476 35...... 61896 6...... 59768 172...... 59768 1195...... 62479 357...... 59739 8...... 59768 174...... 59768 375...... 59745 37 CFR 10...... 59768, 62434 175...... 59768 19 CFR 11...... 59768, 62434 179...... 59768 Proposed Rules: 12...... 59768, 62434 180...... 59768 Proposed Rules: 1...... 61735 15...... 59768, 62434 188...... 59768 210...... 60952 201...... 60333 16...... 59768 189...... 59768 24...... 59768 193...... 59768 20 CFR 38 CFR 25...... 59768 194...... 59768 655...... 60040 3...... 63225 26...... 59768 195...... 59768 9...... 60304 27...... 59768 197...... 59768 21 CFR 39 CFR 28...... 59768 199...... 59768 510...... 60301, 60622 30...... 59768 401...... 59768 520...... 60622 Proposed Rules: 31...... 59768 502...... 61519 522...... 60301 111 ...... 60334, 62446, 63771 32...... 59768 Proposed Rules: 524...... 60301 3001...... 61307 34...... 59768 7...... 59881 558...... 60301, 60622 40 CFR 35...... 59768 8...... 60096 Proposed Rules: 39...... 59768 47 CFR 1308...... 63766 9...... 61118 42...... 59768 52 ...... 59751, 59755, 60053, 46...... 59768 0...... 60934, 62461 23 CFR 60307, 60626, 60627, 60904, 50...... 59768 4...... 63757 60907, 60910, 60914, 60915, Proposed Rules: 52...... 59768 27...... 62461 61276, 61279, 61478, 61513, 771...... 59875 53...... 59768 64...... 60630, 63240 61724, 62147, 62150, 62159, 1200...... 60956 54...... 59768 90...... 61535, 62461 62449, 62452, 62454, 63228, 56...... 59768 Proposed Rules: 25 CFR 63234, 63736, 63743 57...... 59768 1...... 60666 80...... 61281 36...... 60041 58...... 59768 2...... 62480 85...... 62624 59...... 59768 20...... 61330 542...... 60625 86...... 62624 543...... 60625 61...... 59768 64...... 60343 180 ...... 60311, 60917, 61515, 62...... 59768 73...... 59882 26 CFR 63745 63...... 59768 76...... 61351 271...... 60919 64...... 59768 Proposed Rules: 272...... 59758 48 CFR 1 ...... 59878, 60959, 63287 67...... 59768 600...... 62624 70...... 59768 504...... 59790 20...... 60960 721...... 61118 25...... 60960 71...... 59768 552...... 59790 Proposed Rules: 76...... 59768 Proposed Rules: 28 CFR 2...... 60902 77...... 59768 53...... 60343 52 ...... 59879, 60085, 60087, 16...... 61275 78...... 59768 1552...... 60667 60089, 60094, 60339, 60661, 90...... 59768 49 CFR 29 CFR 62191, 62200, 62479, 63781 91...... 59768 55...... 61308 92...... 59768 33...... 59793 1910...... 62433 63...... 60341 95...... 59768 40...... 60318 1915...... 62433 80...... 61313 96...... 59768 107...... 60935 1926...... 62433 98...... 63538 97...... 59768 171...... 60935 4022...... 62433 180...... 63782 98...... 59768 172...... 60935 271...... 60963, 61326 31 CFR 105...... 59768 173...... 60056, 60935 272...... 59879 107...... 59768 175...... 60935 1010...... 59747 42 CFR 108...... 59768 178...... 60935 32 CFR 109...... 59768 179...... 60935 73...... 61084 110...... 59768 Ch. III...... 59818, 59840 706...... 63224 88...... 62167 111...... 59768 303...... 59818 Proposed Rules: 412...... 60315, 63751 114...... 59768 325...... 59818 300...... 62469 413...... 60315 117...... 59768 350...... 59818 1285...... 62469 424...... 60315 125...... 59768 355...... 59818 476...... 60315 126...... 59768 356...... 59818 33 CFR Proposed Rules: 127...... 59768 360...... 59818 100 ...... 59749, 60302, 63720, 73...... 63783 128...... 59768 365...... 59818 63722 130...... 59768 366...... 59818 44 CFR 104...... 62434 131...... 59768 367...... 59818 117 ...... 60896, 63725, 63727 64 ...... 59762, 59764, 61518, 133...... 59768 368...... 59818 162...... 62435 63753 134...... 59768 369...... 59818 165 ...... 59749, 60042, 60044, 65...... 59767 147...... 59768 370...... 59818 60897, 60899, 60901, 60904, Proposed Rules: 148...... 59768 371...... 59818 62437, 62440, 62442, 62444, 67...... 59880, 61559 150...... 59768 372...... 59818 63729, 63732, 63734 151...... 59768 373...... 59818 334...... 61721, 61723 45 CFR 153...... 59768 374...... 59818 Proposed Rules: 162...... 60629 154...... 59768 375...... 59818 110...... 60081 2510...... 60922 159...... 59768 376...... 59818 165...... 60960, 62473 2522...... 60922 160...... 59768 377...... 59818
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378...... 59818 393...... 59818 593...... 59829 660...... 61728, 63758 379...... 59818 395...... 59818 821...... 63242, 63245 665...... 60637 380...... 59818 396...... 59818 826...... 63245 679 ...... 59852, 60321, 60649, 381...... 59818 397...... 59818 Proposed Rules: 61300, 62464, 63719 382...... 59818 398...... 59818 622...... 59875 Proposed Rules: 383...... 59818 399...... 59818 17 ...... 60180, 60208, 60238, 384...... 59818 450...... 59768 50 CFR 60510, 60778, 60804, 61375, 385...... 59818 451...... 59768 17 ...... 60750, 61664, 63604 61836, 61938, 63440, 63928 386...... 59818 452...... 59768 229...... 60319 387...... 59818 453...... 59768 300...... 60631 223...... 61559 388...... 59818 523...... 62624 600...... 59842 224...... 61559 389...... 59818 531...... 62624 622 ...... 60945, 60946, 61295, 622...... 62209 390...... 59818 533...... 62624 62463 635...... 61562 391...... 59818 536...... 62624 635 ...... 59842, 60632, 61727 648...... 59883 392...... 59818 537...... 62624 648...... 61299 679...... 62482
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construction at 101 South Enhance Safety Act of 2012 and for other purposes. (Oct. United States Route 1 in Fort (Oct. 5, 2012; 126 Stat. 1427) 5, 2012; 126 Stat. 1441) LIST OF PUBLIC LAWS Pierce, Florida, as the ‘‘Alto H.R. 4347/P.L. 112–187 H.R. 6433/P.L. 112–193 Lee Adams, Sr., United States To designate the United This is a continuing list of Courthouse’’. (Oct. 5, 2012; FDA User Fee Corrections Act States courthouse located at public bills from the current 126 Stat. 1415) of 2012 (Oct. 5, 2012; 126 session of Congress which 709 West 9th Street in Stat. 1443) have become Federal laws. It H.R. 2139/P.L. 112–181 Juneau, Alaska, as the may be used in conjunction Lions Clubs International ‘‘Robert Boochever United S. 300/P.L. 112–194 with ‘‘P L U S’’ (Public Laws Century of Service States Courthouse’’. (Oct. 5, Government Charge Card Update Service) on 202–741– Commemorative Coin Act 2012; 126 Stat. 1432) Abuse Prevention Act of 2012 6043. This list is also (Oct. 5, 2012; 126 Stat. 1416) H.R. 5512/P.L. 112–188 (Oct. 5, 2012; 126 Stat. 1445) available online at http:// H.R. 2240/P.L. 112–182 Divisional Realignment Act of S. 710/P.L. 112–195 www.archives.gov/federal- Lowell National Historical Park 2012 (Oct. 5, 2012; 126 Stat. register/laws. Hazardous Waste Electronic Land Exchange Act of 2012 1433) Manifest Establishment Act The text of laws is not (Oct. 5, 2012; 126 Stat. 1420) H.R. 6189/P.L. 112–189 (Oct. 5, 2012; 126 Stat. 1452) published in the Federal H.R. 2706/P.L. 112–183 Reporting Efficiency Last List October 3, 2012 Register but may be ordered Billfish Conservation Act of Improvement Act (Oct. 5, in ‘‘slip law’’ (individual 2012 (Oct. 5, 2012; 126 Stat. 2012; 126 Stat. 1435) pamphlet) form from the 1422) Superintendent of Documents, H.R. 6215/P.L. 112–190 Public Laws Electronic U.S. Government Printing H.R. 3556/P.L. 112–184 To amend the Trademark Act Notification Service Office, Washington, DC 20402 To designate the new United of 1946 to correct an error in (PENS) (phone, 202–512–1808). The States courthouse in Buffalo, the provisions relating to text will also be made New York, as the ‘‘Robert H. remedies for dilution. (Oct. 5, available on the Internet from Jackson United States 2012; 126 Stat. 1436) PENS is a free electronic mail GPO’s Federal Digital System Courthouse’’. (Oct. 5, 2012; H.R. 6375/P.L. 112– notification service of newly (FDsys) at http://www.gpo.gov/ 126 Stat. 1424) 91 VA Major Construction enacted public laws. To fdsys. Some laws may not yet H.R. 4158/P.L. 112–185 Authorization and Expiring subscribe, go to http:// be available. To confirm full ownership Authorities Extension Act of listserv.gsa.gov/archives/ H.R. 1272/P.L. 112–179 rights for certain United States 2012 (Oct. 5, 2012; 126 Stat. publaws-l.html astronauts to artifacts from the 1437) Minnesota Chippewa Tribe Note: This service is strictly astronauts’ space missions. Judgment Fund Distribution H.R. 6431/P.L. 112–192 for E-mail notification of new (Oct. 5, 2012; 126 Stat. 1425) Act of 2012 (Oct. 5, 2012; To provide flexibility with laws. The text of laws is not 126 Stat. 1411) H.R. 4223/P.L. 112–186 respect to United States available through this service. H.R. 1791/P.L. 112–180 Strengthening and Focusing support for assistance PENS cannot respond to To designate the United Enforcement to Deter provided by international specific inquiries sent to this States courthouse under Organized Stealing and financial institutions for Burma, address.
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