Vol. 76 Thursday, No. 116 June 16, 2011

Pages 35095–35300

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 116

Thursday, June 16, 2011

Agriculture Department Defense Department See Animal and Plant Health Inspection Service See Air Force Department See Food and Nutrition Service See Army Department See Forest Service See Navy Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35185 Submissions, and Approvals: Meetings: Federal Acquisition Regulation; Cost or Pricing Data Deschutes Provincial Advisory Committee, 35185 Requirements and Information Other Than Cost or Pricing Data, 35218–35219 Air Force Department Federal Acquisition Regulation; Payment by Electronic NOTICES Fund Transfer, 35219 Privacy Act; Systems of Records, 35195–35197 Arms Sales Notifications, 35188–35191 Meetings: Animal and Plant Health Inspection Service Reserve Forces Policy Board, 35191 NOTICES Privacy Act; Systems of Records, 35191–35195 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of Transportation Bovine Spongiform Encephalopathy; Importation of See Pipeline and Hazardous Materials Safety Animals and Animal Products, 35185–35186 Administration Pest Risk Analysis for Interstate Movement of Rambutan From Puerto Rico Into the Continental United States; Drug Enforcement Administration Availability, 35186–35187 NOTICES Importers of Controlled Substances; Applications, 35239– Army Department 35242 NOTICES Importers of Controlled Substances; Registrations:, 35242 Privacy Act; Systems of Records, 35197–35199 Manufacturers of Controlled Substances; Applications, 35242–35243 Children and Families Administration Manufacturers of Controlled Substances; Registrations, NOTICES 35243–35244 Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 35219–35221 See Energy Efficiency and Renewable Energy Office Coast Guard See Federal Energy Regulatory Commission RULES Energy Efficiency and Renewable Energy Office Safety Zones: NOTICES Brandon Road Lock and Dam to Lake Michigan Including Agency Information Collection Activities; Proposals, Des Plaines River, Chicago River, etc., Cicago, IL, Submissions, and Approvals, 35199–35200 35106–35110 Waterway Closure, Atchafalaya River from Mile Marker Environmental Protection Agency 117 (Morgan City Railroad Bridge) to Mile Marker 0 PROPOSED RULES (Simmesport, LA), 35104–35106 Revisions to the California State Implementation Plan: PROPOSED RULES San Joaquin Valley Unified Air Pollution Control District, Validation of Merchant Mariners’ Vital Information; 35167–35169 Issuance of Coast Guard Merchant Mariner’s NOTICES Documents, 35173–35176 Determination of Adequacy for Municipal Solid Waste Validation of Merchant Mariners’ Vital Information; Landfills: Issuance of Coast Guard Merchant Mariner’s Licenses Ohio Research, Development and Demonstration Permit and Certificates of Registry, 35169–35173 Provisions, 35214–35215 NOTICES EPA Workshop on Sanitary Sewer Overflows and Peak Wet Agency Information Collection Activities; Proposals, Weather Discharges, 35215–35216 Submissions, and Approvals, 35228–35229 Meetings: Chartered Science Advisory Board; Public Commerce Department Teleconference, 35216–35217 See Industry and Security Bureau Executive Office of the President Commodity Futures Trading Commission See Presidential Documents PROPOSED RULES Protection of Cleared Swaps Customer Contracts and Export-Import Bank Collateral: NOTICES Conforming Amendments to the Commodity Broker Meetings: Bankruptcy Provisions; Correction, 35141–35162 Sub-Saharan Africa Advisory Committee, 35217

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Farm Credit Administration Federal Highway Administration PROPOSED RULES NOTICES Federal Agricultural Mortgage Corporation Funding and Agency Information Collection Activities; Proposals, Fiscal Affairs: Submissions, and Approvals, 35263–35266 Farmer Mac Risk-Based Capital Stress Test, Version 5.0, 35138–35141 Federal Reserve System NOTICES Federal Aviation Administration Formations of, Acquisitions by, and Mergers of Bank RULES Holding Companies, 35217–35218 Amendments of Federal Airways: Proposals to Engage in Permissible Nonbanking Activities Alaska, 35097–35098 or Acquire Companies Engaged in Permissible Standard Instrument Approach Procedures, and Takeoff Nonbanking Activities, 35218 Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 35098–35103 Fish and Wildlife Service Training and Qualification Requirements for Check Airmen NOTICES and Flight Instructors; Technical Amendment, 35103– Endangered and Threatened Species Permit Applications, 35104 35235–35236 Federal Communications Commission Food and Nutrition Service PROPOSED RULES RULES Operation of Radar Systems in 76–77 GHz Band, 35176– Special Supplemental Nutrition Program for Women, 35181 Infants and Children: Wireless Backhaul: Exclusion of Combat Pay from WIC Income Eligibility Fixed Service Sharing of 6875–7125 and 12700–13200 Determinations, 35095–35097 MHz Bands, 35181–35184 Forest Service Federal Deposit Insurance Corporation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 35217 Fremont and Winema Resource Advisory Committee, 35187 Federal Emergency Management Agency RULES General Services Administration Final Flood Elevation Determinations, 35111–35130 RULES Federal Travel Regulations: Federal Energy Regulatory Commission Miscellaneous Expense Allowance, 35110–35111 NOTICES NOTICES Application Amendments: Agency Information Collection Activities; Proposals, High Island Offshore System, LLC, 35200 Submissions, and Approvals: Applications: Federal Acquisition Regulation; Cost or Pricing Data Dominion Transmission, Inc., 35203 Requirements and Information Other Than Cost or Jersey Central Power and Light and PSEG Fossil LLC, Pricing Data, 35218–35219 35201–35202 Federal Acquisition Regulation; Payment by Electronic Piedmont Natural Gas Co., Inc., 35202–35203 Fund Transfer, 35219 Combined Filings, 35203–35207 Environmental Assessments; Availability, etc.: Health and Human Services Department Boott Hydropower, Inc., 35208 See Children and Families Administration Central New York Oil and Gas Co., LLC, 35208 See Indian Health Service Environmental Site Reviews: See National Institutes of Health Pacific Gas and Electric Co., and Nevada Irrigation District, 35208–35209 Homeland Security Department Filings: See Coast Guard FFP Qualified Hydro 14 LLC, 35209 See Federal Emergency Management Agency Orlando Utilities Commission, 35209 See Transportation Security Administration Peetz Logan Interconnect, LLC, 35210 Initial Market-Based Rate Filings Including Requests for Housing and Urban Development Department Blanket Section 204 Authorizations: NOTICES El Segundo Energy Center LLC, 35211 Agency Information Collection Activities; Proposals, LWP Lessee, LLC, 35211–35212 Submissions, and Approvals: Palmco Power DC, LLC, 35211 Housing Choice Voucher Program Administrative Fee People’s Power and Gas, LLC, 35210 Study Pretest, 35232–35233 Pocahontas Prairie Wind, LLC, 35210–35211 McKinney–Vento Technical Assistance Narrative, License Amendment Applications: Matrices, and Reporting Requirements, 35231 Northern States Power Co., 35212–35213 Section 3 Business Self-Certification Application, 35231– License Application Supplements: 35232 S. D. Warren Company, 35213 Funding Availability for Fiscal Year 2011: Preliminary Permit Applications: Choice Neighborhoods Initiative – Planning Grants, AJT Mining Properties, Inc., 35213–35214 35234 Staff Attendances: Doctoral Dissertation Research Grant Program, 35233– Southwest Power Pool, Inc. Board of Directors, 35214 35234

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Housing Opportunities for Persons With AIDS, 35233 Eunice Kennedy Shriver National Institute of Child Funding Awards for Fiscal Year 2010 Transformation Health and Human Development, 35226 Initiative: National Center for Complementary and Alternative Natural Experiments Grant Program, 35234–35235 Medicine, 35227 National Center for Research Resources, 35223–35224 Indian Health Service National Human Genome Research Institute, 35223– NOTICES 35224 Epidemiology Program for American Indian–Alaska Native National Institute of Allergy and Infectious Diseases, Tribes and Urban Indian Communities; Correction, 35224–35225 35221 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 35225 Industry and Security Bureau National Institute of Environmental Health Sciences, RULES 35225 Export Control Reform Initiative: National Institute of General Medical Sciences, 35222 Strategic Trade Authorization License Exception, 35276– National Institute on Deafness and Other Communication 35294 Disorders, 35222–35223 National Institute on Drug Abuse, 35226–35228 Interior Department See Fish and Wildlife Service Navy Department See Land Management Bureau NOTICES International Trade Commission Partially-Exclusive Patent Licenses: Sound Metrics Corp., 35199 NOTICES Complaints, 35238 Nuclear Regulatory Commission Justice Department PROPOSED RULES See Drug Enforcement Administration Vulnerability and Threat Information for Facilities Storing NOTICES Spent Nuclear Fuel and High-Level Radioactive Waste; Lodging Of Consent Decrees Under the Clean Air Act, Public Meeting, 35137–35138 35238–35239 Pipeline and Hazardous Materials Safety Administration Labor Department RULES NOTICES Pipeline Safety: Bahrain – U.S. Free Trade Agreement; Determinations:, Control Room Management/Human Factors, 35130–35136 35244–35245 Presidential Documents Land Management Bureau EXECUTIVE ORDERS NOTICES Government agencies and employees: Agency Information Collection Activities; Proposals, Efficient, effective, and accountable government Submissions, and Approvals, 35236–35238 (EO13576), 35295–35299 National Aeronautics and Space Administration Securities and Exchange Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 35245 Federal Acquisition Regulation; Cost or Pricing Data Applications: Requirements and Information Other Than Cost or Allianz Life Insurance Company of North America, et al., Pricing Data, 35218–35219 35249–35256 Federal Acquisition Regulation; Payment by Electronic COUNTRY Investors Life Assurance Company, et al., Fund Transfer, 35219 35245–35249 Self-Regulatory Organizations; Proposed Rule Changes: National Highway Traffic Safety Administration Chicago Stock Exchange, Inc., 35257–35259 NOTICES NASDAQ OMX PHLX LLC, 35256–35257 Agency Information Collection Activities; Proposals, Suspension of Trading Orders: Submissions, and Approvals, 35266–35271 Dawn Technologies, Inc., Distinctive Devices, Inc., Haber, Receipt of Petition for Decision of Inconsequential Inc., and Independence Brewing Co., 35259–35260 Noncompliance: Samaritan Pharmaceuticals, Inc., et al., 35259 Toyota Motor North America, Inc., 35271–35273 Small Business Administration National Institutes of Health NOTICES NOTICES Disaster Declarations: Agency Information Collection Activities; Proposals, Arkansas; Amendment 4, 35262 Submissions, and Approvals: Arkansas; Amendment 5, 35262 NINR End-of-Life and Palliative Care Science Needs Illinois, 35260–35261 Assessment; Funding Source Questionnaire, 35221 Minnesota, 35261 Charter Renewals: Missouri; Amendment 3, 35262 Advisory Committee to the Director, 35221–35222 Missouri; Amendment 4, 35263 Meetings: North Dakota; Amendment 2, 35262–35263 Center for Scientific Review, 35223, 35225–35228 Tennessee; Amendment 2, 35260

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Tennessee; Amendment 3, 35261 Treasury Department Tennnessee, 35260 NOTICES Texas; Amendment 1, 35260 Meetings: Requests for Exemptions: President’s Advisory Council on Financial Capability, Founders Equity SBIC ILP, 35263 35273–35274 Small Business Size Standards, Waiver of the Nonmanufacturer Rule; Correction, 35263 Veterans Affairs Department PROPOSED RULES Service Dogs, 35162–35167 Surface Transportation Board NOTICES Trackage Rights Exemptions: Separate Parts In This Issue CSX Transportation, Inc.; Indiana Rail Road Co., 35273 Part II Commerce Department, Industry and Security Bureau, Transportation Department 35276–35294 See Federal Aviation Administration See Federal Highway Administration Part III See National Highway Traffic Safety Administration Presidential Documents, 35295–35299 See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Reader Aids See Transportation Security Administration Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Transportation Security Administration and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Agency Information Collection Activities; Proposals, LISTSERV electronic mailing list, go to http:// Submissions, and Approvals: listserv.access.gpo.gov and select Online mailing list Critical Facility Information of the Top 100 Most Critical archives, FEDREGTOC-L, Join or leave the list (or change Pipelines, 35229–35230 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13576...... 35297 7 CFR 246...... 35095 10 CFR Proposed Rules: 72...... 35137 73...... 35137 12 CFR Proposed Rules: 652...... 35138 14 CFR 71...... 35097 97 (2 documents) ...... 35098, 35101 121...... 35103 135...... 35103 15 CFR 732...... 35276 738...... 35276 740...... 35276 743...... 35276 774...... 35276 17 CFR Proposed Rules: 22...... 35141 190...... 35141 33 CFR 165 (2 documents) ...... 35104, 35106 38 CFR Proposed Rules: 17...... 35162 40 CFR Proposed Rules: 52...... 35167 41 CFR 302-16...... 35110 44 CFR 67 (2 documents) ...... 35111, 35119 46 CFR Proposed Rules: 10...... 35169 12...... 35173 47 CFR Proposed Rules: 15...... 35176 74...... 35181 78...... 35181 101...... 35181 49 CFR 192...... 35130 195...... 35130

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Rules and Regulations Federal Register Vol. 76, No. 116

Thursday, June 16, 2011

This section of the FEDERAL REGISTER Background Previous name New name contains regulatory documents having general applicability and legal effect, most of which Combat Pay Exclusion ‘‘Food Stamp Pro- ‘‘Supplemental Nutrition are keyed to and codified in the Code of Section 734(b) of Public Law 111–80, gram’’. Assistance Program Federal Regulations, which is published under the Agriculture, Rural Development, (SNAP).’’ 50 titles pursuant to 44 U.S.C. 1510. Food and Drug Administration, and ‘‘Food Stamp Act of ‘‘Food and Nutrition Act Related Agencies Appropriations Act of 1977’’. of 2008.’’ The Code of Federal Regulations is sold by ‘‘food stamp’’ ...... ‘‘SNAP.’’ the Superintendent of Documents. Prices of 2010 (the Act), enacted on October 21, 2009, amended Section 17(d)(2) of the ‘‘food coupons’’ ...... ‘‘SNAP benefits’’ or new books are listed in the first FEDERAL ‘‘benefits.’’ REGISTER issue of each week. Child Nutrition Act of 1966 (42 U.S.C. ‘‘Food stamps’’ ...... ‘‘SNAP benefits’’ or 1786(d)(2)) to exclude from the WIC ‘‘benefits.’’ income eligibility determination, DEPARTMENT OF AGRICULTURE combat pay that is received by or from Notice and Comment a member of the United States (U.S.) Food and Nutrition Service Armed Services that is received in In accordance with the Secretary’s addition to basic pay as a result of the Statement of Policy (36 FR 13804), it is 7 CFR Part 246 service member’s deployment or service found and determined with good cause that it is unnecessary to engage in the RIN 0584–AE04 in a designated combat zone. In addition, the pay must not have been Notice and Comment provisions of 5 Special Supplemental Nutrition received prior to serving in a combat U.S.C. 553 normally required before the Program for Women, Infants and zone. Combat pay includes any adoption of final regulations in an FNS- Children (WIC): Exclusion of Combat additional pay received pursuant to sponsored program. The exclusion of Pay From WIC Income Eligibility Chapter 5 of Title 37 of the United combat pay from consideration as Determinations States Code, or otherwise designated by income under the WIC Program is the Secretary to be appropriate for implemented in this final rule in AGENCY: Food and Nutrition Service exclusion as combat pay. accordance with Section 734(b) of the (FNS), USDA. This provision was effective on Act. The nondiscretionary nature of ACTION: Final rule. October 21, 2009. On November 5, 2009, Section 734(b) means that notice and the Food and Nutrition Service directed comment would serve no useful SUMMARY: This final rule incorporates WIC State and local agencies to purpose in the promulgation of these into the regulations governing the implement this income exclusion regulations. The name changes related Special Supplemental Nutrition immediately. This final rule amends 7 to SNAP are technical amendments Program for Women, Infants and CFR 246.7, Certification of Participants, designed to make the WIC portion of 7 Children (WIC) a statutory provision set to reflect that combat pay is excluded CFR consistent with its SNAP forth in Section 734(b) of the from the WIC income eligibility counterparts. Agriculture, Rural Development, Food determination process. and Drug Administration, and Related Executive Order 12866 and Executive Agencies Appropriations Act of 2010 Food Stamp Program Name Change Order 13563 (Pub. L. 111–80). The provision Section 4001 of Public Law 110–246, Executive Orders 12866 and 13563 excludes combat pay from inclusion in the Food, Conservation, and Energy Act direct agencies to assess all costs and the WIC income eligibility of 2008 (FCEA), which was enacted on benefits of available regulatory determination for deployed service June 18, 2008, amended and renamed alternatives and, if regulation is members. It also makes conforming the Food Stamp Act of 1977, 7 U.S.C. necessary, to select regulatory nomenclature changes throughout part 2011, et seq., as the Food and Nutrition approaches that maximize net benefits 246 of WIC regulations to include the Act of 2008. FCEA changed the name of (including potential economic, name change for what was formerly the program from the ‘‘Food Stamp environmental, public health and safety known as the Food Stamp Program to its Program’’ to the ‘‘Supplemental effects, distributive impacts, and new name—the Supplemental Nutrition Nutrition Assistance Program’’ or equity). Executive Order 13563 Assistance Program (SNAP), as set forth ‘‘SNAP’’. This change in name reflects emphasizes the importance of in the Food, Conservation and Energy the fact that participants no longer quantifying both costs and benefits, of Act of 2008 (Pub. L. 110–246). receive stamps or coupons to make food reducing costs, of harmonizing rules, DATES: Effective Date: This rule is purchases. and of promoting flexibility. effective July 18, 2011. Additionally, the new name reflects a This final rule has been designated a focus on the nutritional aspect of the ‘‘significant regulatory action,’’ under FOR FURTHER INFORMATION CONTACT: program. SNAP not only provides food section 3(f) of Executive Order 12866. Debra R. Whitford, Director, assistance to low-income people, but Accordingly, the rule has been reviewed Supplemental Food Programs Division, also promotes nutrition to improve their by the Office of Management and Food and Nutrition Service, USDA, health and well-being. Budget. 3101 Park Center Drive, Room 520, Accordingly, this rule makes the Alexandria, Virginia 22302; (703) 305– following name changes in 7 CFR part Regulatory Impact Analysis 2746; e-mail: 246 to make the Federal WIC regulations This rule has been designated as [email protected]. consistent with the name changes set significant by the Office of Management SUPPLEMENTARY INFORMATION: forth in the FCEA: and Budget; therefore, a Regulatory

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Impact Analysis (RIA) is required, as Unfunded Mandates Reform Act State or local laws, regulations, or summarized below. The complete RIA is Title II of the Unfunded Mandates policies that conflict with its provisions available upon request from the Food Reform Act of 1995 (UMRA), Public or that would otherwise impede its full and Nutrition Service by contacting Law 104–4, establishes requirements for implementation. This rule is not Debra R. Whitford, Director, Federal agencies to assess the effects of intended to have retroactive effect Supplemental Food Programs Division, their regulatory actions on State, local, unless so specified in the Dates Food and Nutrition Service, USDA, and Tribal governments and the private paragraph of the preamble to the final 3101 Park Center Drive, Room 520, sector. Under Section 202 of the UMRA, rule. Prior to any judicial challenge to Alexandria, Virginia 22302; (703) 305– FNS generally must prepare a written the application of the provisions of this 2746; e-mail statement, including a cost-benefit rule, all applicable administrative [email protected]. analysis, for proposed and final rules procedures must be exhausted. In WIC, the administrative procedures Need for Action with ‘‘Federal mandates’’ that may result in expenditures by State, local, or are as follows: (1) State and local The final rule amends the WIC Tribal governments in the aggregate, or agencies, farmers, farmers’ markets, and regulations to implement the exclusion to the private sector, of $100 million or roadside stands—State agency hearing of combat pay from income eligibility more in any one year. When such a procedures issued pursuant to 7 CFR 246.18; (2) Applicants and determination as mandated in Public statement is needed for a rule, Section participants—State agency hearing Law 111–80, the Agriculture, Rural 205 of the UMRA generally requires procedures pursuant to 7 CFR 246.18; Development, Food and Drug FNS to identify and consider a (3) sanctions against State agencies (but Administration, and Related Agencies reasonable number of regulatory not claims for repayment assessed Appropriations Act, 2010, and changes alternatives and adopt the least costly, against a State agency) pursuant to 7 references to the Food Stamp Program to more cost-effective or least burdensome CFR 246.19—administrative appeal in its new name—the Supplemental alternative that achieves the objectives accordance with 7 CFR 246.16, and (4) Nutrition Assistance Program. of the rule. This final rule contains no Federal procurement by State or local Benefits mandates (under the regulatory agencies—administrative appeal to the extent required by 7 CFR 3016.36. The benefit of this provision will provisions of Title II of the UMRA) for State, local or Tribal governments or the extend eligibility to deployed service Civil Rights Impact Analysis private sector of $100 million or more members who might otherwise not be FNS has reviewed this rule in in any one year. Thus, the rule is not eligible due to the inclusion of combat accordance with Departmental subject to the requirements of Sections pay when determining income Regulations 4300–4, ‘‘Civil Rights 202 and 205 of the UMRA. eligibility to receive WIC benefits. Impact Analysis,’’ and 1512–1, Executive Order 12372 ‘‘Regulatory Decision Making Costs WIC is listed in the Catalog of Federal Requirements.’’ After a careful review of The provisions of this final rule will Domestic Assistance under No. 10.557. the rule’s intent and provisions, FNS have an insignificant effect upon the For the reasons set forth in the final rule has determined that this rule is not administrative burden to the at 7 CFR part 3015, Subpart V and intended to limit or reduce in any way Department or to State agencies. related Notice (48 FR 29115, June 24, the ability of protected classes of Applicants who were previously found 1983), this program is included in the individuals to receive benefits in the ineligible due to being over the WIC scope of Executive Order 12372 that WIC Program. Federal WIC regulations income eligibility limits may now be requires intergovernmental consultation specifically prohibit State agencies that found eligible when combat pay is with State and local officials. administer the WIC Program, and their excluded from the income eligibility cooperators, from engaging in actions Federalism Summary Impact Statement determination. This, in turn, may that discriminate against any individual increase the number of persons served, Executive Order 13132 requires in any of the protected classes (see 7 resulting in a small cost increase to the Federal agencies to consider the impact CFR 246.8 for the nondiscrimination WIC Program. We estimate that the rule of their regulatory actions on State and policy in the WIC Program). Where State will increase WIC costs by less than $1 local governments. Where such actions agencies have options, and they choose million per year, or about $4 million have federalism implications, agencies to implement a certain provision, they from FY 2010 when State agencies are directed to provide a statement for must implement it in such a way that it began implementing the combat pay inclusion in the preamble to the complies with the WIC Program exclusion through FY 2014. regulations describing the agency’s regulations set forth at § 246.8. This rule considerations in terms of the three simply excludes combat pay given to Regulatory Flexibility Act categories called for under Section United States Armed Service members 6(b)(2)(B) of Executive Order 13132. that is received in addition to basic pay The Regulatory Flexibility Act (5 FNS has considered the impact of this as a result of the service member’s U.S.C. 601–612) requires Agencies to rule on State and local governments and deployment or service in a designated analyze the impact of rulemaking on has determined that this rule does not combat zone from income eligibility small entities and consider alternatives have federalism implications. Therefore, determination for WIC, and codifies the that would minimize any significant under Section 6(b) of the Executive name change for what was formerly impacts on a substantial number of Order, a federalism summary impact known as the Food Stamp Program to its small entities. Pursuant to that review, statement is not required. new name—SNAP. it is certified that this rule would not have a significant impact on small Executive Order 12988 Executive Order 13175—Consultation entities. This rule has been reviewed under and Coordination With Indian Tribal The provisions of this rulemaking are Executive Order 12988, Civil Justice Governments applicable to all State and local agencies Reform. This rule is intended to have E.O. 13175 requires Federal agencies that administer the WIC Program. preemptive effect with respect to any to consult and coordinate with Tribes

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on a government-to-government basis on PART 246—SPECIAL SUPPLEMENTAL DEPARTMENT OF TRANSPORTATION policies that have Tribal implications, NUTRITION PROGRAM FOR WOMEN, including regulations, legislative INFANTS AND CHILDREN (WIC) Federal Aviation Administration comments or proposed legislation, and other policy statements or actions that ■ 1. The authority citation for part 246 14 CFR Part 71 have substantial direct effects on one or continues to read as follows: [Docket No. FAA–2011–0010; Airspace more Indian Tribes, on the relationship Authority: 7 U.S.C. 1786. Docket No. 11–AAL–1] between the Federal Government and Indian Tribes, or on the distribution of ■ 2. Part 246 of this chapter is amended Amendment of Federal Airways; power and responsibilities between the as follows: Alaska Federal Government and Indian Tribes. ■ a. Remove the words ‘‘Food Stamp AGENCY: Federal Aviation In late 2010 and early 2011, USDA Program’’ and ‘‘the Food Stamp Administration (FAA), DOT. engaged in a series of consultative Program’’ and add in their place, the ACTION: sessions to obtain input by Tribal word ‘‘SNAP’’ each time they appear in Final rule; delay of effective officials or their designees concerning this part; date. the impact of this rule on the Tribe or ■ b. Remove the words ‘‘Food Stamp SUMMARY: This action changes the Indian Tribal governments, or whether Act of 1977’’ and add in their place, the effective date for the amendment of all this rule may preempt Tribal law. words ‘‘Food and Nutrition Act of 2008’’ Anchorage, AK, Federal Airways that Reports from these consultations will be each time they appear in this part; are affected by the relocation of the made part of the USDA annual reporting ■ c. Remove the words ‘‘food stamp’’ Anchorage VHF Omnidirectional Range on Tribal Consultation and and add in their place, the word (VOR) navigation aid. The FAA is taking Collaboration. USDA will respond in a ‘‘SNAP’’ each time it appears in this this action due to a failed flight timely and meaningful manner to all part; and inspection. Tribal government requests for ■ DATES: consultation concerning this rule and d. Remove the words ‘‘food stamps’’ The effective date of the rule will provide additional venues, such as wherever they appear and add in their published on April 28, 2011 (76 FR webinars and teleconferences, to place, the words ‘‘SNAP benefits’’. 23687), is delayed until further notice. periodically host collaborative ■ 3. In § 246.2, a definition of FOR FURTHER INFORMATION CONTACT: Ken conversations with Tribal officials or Supplemental Nutrition Assistance McElroy, Airspace, Regulations and their designees concerning ways to Program (SNAP) is added, to read as ATC Procedures Group, Office of improve this rule in Indian country. follows: Mission Support Services, Federal Aviation Administration, 800 The policies contained in this rule § 246.2 Definitions. Independence Avenue, SW., would not have Tribal implications that * * * * * Washington, DC 20591; telephone: (202) preempt Tribal law. 267–8783. Supplemental Nutrition Assistance Paperwork Reduction Act Program (SNAP), formerly known as the SUPPLEMENTARY INFORMATION: Food Stamp Program, is the program This rule does not constitute a Background authorized by the Food and Nutrition collection of information under the Act of 2008 (7 U.S.C. 2011, et. seq.), in Federal Register Document FAA– Paperwork Reduction Act of 1995 (44 which eligible households receive 2011–0010, Airspace Docket No. 11– U.S.C. chapter 35). benefits that can be used to purchase AAL–1, published in the Federal Register on April 28, 2011 (76 FR E-Government Act Compliance food items from authorized retail stores and farmers’ markets. 23687), proposed the amendment of all Anchorage Federal Airways affected by FNS is committed to complying with * * * * * the E-Government Act of 2002 to the relocation of the Anchorage VOR promote the use of the Internet and ■ 4. In § 246.7, a new paragraph navigation aid. Although satisfactory other information technologies to (d)(2)(iv)(D)(35) is added, to read as flight inspection reports were filed in provide increased opportunities to follows: April 2011, these reports were in error. These Federal airways are being provide for citizen access to government § 246.7 Certification of participants. information and services, and for other impacted by flight inspection delays purposes. State plan amendments * * * * * due to the relocation of the navigation regarding the implementation of the (d) * * * aid, thereby delaying the effective date provision contained in this rule, as is (2) * * * of June 30, 2011, until further notice. This will allow better coordination for the case with the entire State Plan, may (iv) * * * be transmitted electronically by the the charting of the airspace. State agency to FNS. Also, State (D) * * * The FAA has determined that this agencies may provide WIC Program (35) Combat pay received by the regulation only involves an established information, as well as their financial household member under Chapter 5 of body of technical regulations for which reports, to FNS electronically. Title 37 or as otherwise designated by frequent and routine amendments are the Secretary. necessary to keep them operationally List of Subjects in 7 CFR Part 246 * * * * * current. Therefore, this regulation (1) is not a significant regulatory action under Food assistance programs, Food Dated: June 8, 2011. Executive Order 12866; (2) is not a donations, Grant programs—Social Kevin Concannon, ‘‘significant rule’’ under DOT programs, Indians, Nutrition education, Under Secretary, Food, Nutrition, and Regulatory Policies and Procedures (44 Public assistance programs, WIC. Consumer Services. FR 11034; February 26, 1979); and (3) For reasons discussed above, 7 CFR [FR Doc. 2011–14904 Filed 6–15–11; 8:45 am] does not warrant preparation of a part 246 is amended as follows: BILLING CODE 3410–30–P Regulatory Evaluation as the anticipated

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impact is so minimal. Since this is a Minimums and Obstacle Departure 25082 Oklahoma City, OK 73125) routine matter that will only affect air Procedures for operations at certain telephone: (405) 954–4164. traffic procedures and air navigation, it airports. These regulatory actions are SUPPLEMENTARY INFORMATION: This rule is certified that this rule will not have needed because of the adoption of new amends Title 14, Code of Federal a significant economic impact on a or revised criteria, or because of changes Regulations, Part 97 (14 CFR part 97) by substantial number of small entities occurring in the National Airspace amending the referenced SIAPs. The under the criteria of the Regulatory System, such as the commissioning of complete regulatory description of each Flexibility Act. new navigational facilities, adding new SIAP is listed on the appropriate FAA The FAA’s authority to issue rules obstacles, or changing air traffic Form 8260, as modified by the National regarding aviation safety is found in requirements. These changes are Flight Data Center (FDC)/Permanent Title 49 of the United States Code. designed to provide safe and efficient Notice to Airmen (P–NOTAM), and is Subtitle I, section 106 describes the use of the navigable airspace and to incorporated by reference in the authority of the FAA Administrator. promote safe flight operations under amendment under 5 U.S.C. 552(a), 1 Subtitle VII, Aviation Programs, instrument flight rules at the affected CFR part 51, and § 97.20 of Title 14 of describes in more detail the scope of the airports. the Code of Federal Regulations. agency’s authority. The large number of SIAPs, their DATES: This rule is effective June 16, This rulemaking is promulgated complex nature, and the need for a 2011. The compliance date for each under the authority described in subtitle special format make their verbatim SIAP, associated Takeoff Minimums, VII, part A, subpart I, section 40103. publication in the Federal Register and ODP is specified in the amendatory Under that section, the FAA is charged expensive and impractical. Further, provisions. with prescribing regulations to assign airmen do not use the regulatory text of The incorporation by reference of the use of the airspace necessary to the SIAPs, but refer to their graphic ensure the safety of aircraft and the certain publications listed in the depiction on charts printed by efficient use of airspace. This regulation regulations is approved by the Director publishers of aeronautical materials. is within the scope of that authority as of the Federal Register as of June 16, Thus, the advantages of incorporation it modifies federal airways in Alaska. 2011. by reference are realized and ADDRESSES: Availability of matter publication of the complete description List of Subjects in 14 CFR Part 71 incorporated by reference in the of each SIAP contained in FAA form Airspace, Incorporation by reference, amendment is as follows: documents is unnecessary. This Navigation (air). For Examination— amendment provides the affected CFR Delay of Effective Date 1. FAA Rules Docket, FAA sections and specifies the types of SIAP Headquarters Building, 800 and the corresponding effective dates. The effective date of the final rule, Independence Avenue, SW., This amendment also identifies the Airspace Docket 11–AAL–1, as Washington, DC 20591; airport and its location, the procedure published in the Federal Register on 2. The FAA Regional Office of the and the amendment number. April 28, 2011 (76 FR 23687), is hereby region in which the affected airport is The Rule delayed from June 30, 2011, until located; further notice. 3. The National Flight Procedures This amendment to 14 CFR part 97 is Authority: 49 U.S.C. 106(g), 40103, 40113, Office, 6500 South MacArthur Blvd., effective upon publication of each 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Oklahoma City, OK 73169 or separate SIAP as amended in the 1963 Comp., p. 389. 4. The National Archives and Records transmittal. For safety and timeliness of Issued in Washington, DC, on June 8, 2011. Administration (NARA). For change considerations, this amendment incorporates only specific changes Gary A. Norek, information on the availability of this material at NARA, call 202–741–6030, contained for each SIAP as modified by Acting Manager, Airspace, Regulations and FDC/P–NOTAMs. ATC Procedures Group. or go to: http://www.archives.gov/ _ _ _ _ The SIAPs, as modified by FDC [FR Doc. 2011–14711 Filed 6–15–11; 8:45 am] federal register/code of federal _ P–NOTAM, and contained in this BILLING CODE 4910–13–P regulations/ibr locations.html. Availability—All SIAPs are available amendment are based on the criteria contained in the U.S. Standard for online free of charge. Visit http:// Terminal Instrument Procedures DEPARTMENT OF TRANSPORTATION nfdc.faa.gov to register. Additionally, (TERPS). In developing these changes to individual SIAP and Takeoff Minimums SIAPs, the TERPS criteria were applied Federal Aviation Administration and ODP copies may be obtained from: only to specific conditions existing at 1. FAA Public Inquiry Center (APA– the affected airports. All SIAP 14 CFR Part 97 200), FAA Headquarters Building, 800 amendments in this rule have been Independence Avenue, SW., [Docket No. 30786; Amdt. No. 3429] previously issued by the FAA in a FDC Washington, DC 20591; or NOTAM as an emergency action of 2. The FAA Regional Office of the Standard Instrument Approach immediate flight safety relating directly region in which the affected airport is Procedures, and Takeoff Minimums to published aeronautical charts. The located. and Obstacle Departure Procedures; circumstances which created the need Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: for all these SIAP amendments requires AGENCY: Federal Aviation Harry J. Hodges, Flight Procedure making them effective in less than 30 Administration (FAA), DOT. Standards Branch (AFS–420)Flight days. ACTION: Final rule. Technologies and Programs Division, Because of the close and immediate Flight Standards Service, Federal relationship between these SIAPs and SUMMARY: This rule establishes, amends, Aviation Administration, Mike safety in air commerce, I find that notice suspends, or revokes Standard Monroney Aeronautical Center, 6500 and public procedure before adopting Instrument Approach Procedures South MacArthur Blvd., Oklahoma City, these SIAPs are impracticable and (SIAPs) and associated Takeoff OK. 73169 (Mail Address: P.O. Box contrary to the public interest and,

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where applicable, that good cause exists under the criteria of the Regulatory PART 97—STANDARD INSTRUMENT for making these SIAPs effective in less Flexibility Act. APPROACH PROCEDURES than 30 days. List of Subjects in 14 CFR Part 97 ■ 1. The authority citation for part 97 Conclusion Air Traffic Control, Airports, continues to read as follows: The FAA has determined that this Incorporation by reference, and Authority: 49 U.S.C. 106(g), 40103, 40106, regulation only involves an established Navigation (Air). 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. body of technical regulations for which Issued in Washington, DC on May 27, ■ frequent and routine amendments are 2011. 2. Part 97 is amended to read as follows: necessary to keep them operationally Ray Towles, current. It, therefore—(1) Is not a Deputy Director, Flight Standards Service. §§ 97.23, 97.25, 97.27, 97.29, 97.31, ‘‘significant regulatory action’’ under 97.33 and 97.35 [Amended] Executive Order 12866; (2) is not a Adoption of the Amendment By amending: § 97.23 VOR, VOR/ ‘‘significant rule’’ under DOT regulatory DME, VOR or TACAN, and VOR/DME Policies and Procedures (44 FR 11034; Accordingly, pursuant to the or TACAN; § 97.25 LOC, LOC/DME, February 26, 1979); and (3) does not authority delegated to me, Title 14, LDA, LDA/DME, SDF, SDF/DME; warrant preparation of a regulatory Code of Federal regulations, Part 97, 14 § 97.27 NDB, NDB/DME; § 97.29 ILS, evaluation as the anticipated impact is CFR part 97, is amended by amending ILS/DME, MLS, MLS/DME, MLS/RNAV; so minimal. For the same reason, the Standard Instrument Approach § 97.31 RADAR SIAPs; § 97.33 RNAV FAA certifies that this amendment will Procedures, effective at 0901 UTC on SIAPs; and § 97.35 COPTER SIAPs, not have a significant economic impact the dates specified, as follows: Identified as follows: on a substantial number of small entities * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

30–Jun–11 ... NY New York ...... La Guardia ...... 1/0495 5/13/11 RNAV (RNP) Z RWY 4, Orig 30–Jun–11 ... NY White Plains ...... Westchester County ...... 1/0496 5/13/11 RNAV (RNP) Z RWY 16, Orig 30–Jun–11 ... FL Miami ...... Miami Intl ...... 1/0524 5/17/11 RNAV (RNP) Y RWY 26L, Orig-A 30–Jun–11 ... NY New York ...... La Guardia ...... 1/0893 5/13/11 RNAV (RNP) Z RWY 22, Orig-A 30–Jun–11 ... NY White Plains ...... Westchester County ...... 1/0894 5/13/11 RNAV (RNP) Z RWY 34, Orig-A 30–Jun–11 ... ME Sanford ...... Sanford Rgnl ...... 1/0969 5/6/11 VOR RWY 7, Amdt 4 30–Jun–11 ... ME Sanford ...... Sanford Rgnl ...... 1/0970 5/6/11 ILS OR LOC RWY 7, Amdt 4 30–Jun–11 ... TX Dallas—Fort Worth Dallas/Fort Worth Intl ...... 1/0977 5/9/11 RNAV (RNP) Z RWY 13R, Orig- B 30–Jun–11 ... TX Dallas—Fort Worth Dallas/Fort Worth Intl ...... 1/0979 5/9/11 RNAV (RNP) Z RWY 31L, Orig-B 30–Jun–11 ... TX Dallas—Fort Worth Dallas/Fort Worth Intl ...... 1/1072 5/9/11 RNAV (RNP) Z RWY 31R, Amdt 1A 30–Jun–11 ... AK Soldotna ...... Soldotna ...... 1/3576 5/19/11 RNAV (GPS) RWY 7, Orig 30–Jun–11 ... AK Soldotna ...... Soldotna ...... 1/3577 5/19/11 RNAV (GPS) RWY 25, Orig 30–Jun–11 ... VA Danville ...... Danville Rgnl ...... 1/4009 4/25/11 ILS OR LOC RWY 2, Amdt 4 30–Jun–11 ... TX Midland ...... Midland Airpark ...... 1/7099 4/28/11 VOR OR GPS A, Amdt 2 30–Jun–11 ... TX Midland ...... Midland Airpark ...... 1/7100 4/28/11 VOR/DME OR GPS RWY 25, Amdt 3A 30–Jun–11 ... NH Portsmouth ...... Portsmouth Intl At Pease ...... 1/7109 4/25/11 VOR RWY 16, Amdt 5A 30–Jun–11 ... NH Portsmouth ...... Portsmouth Intl At Pease ...... 1/7110 4/25/11 VOR RWY 34, Orig-C 30–Jun–11 ... TX Lufkin ...... Angelina County ...... 1/8830 5/13/11 ILS OR LOC RWY 7, Amdt 2A 30–Jun–11 ... SC Bamberg ...... Bamberg County ...... 1/9179 5/2/11 RNAV (GPS) RWY 23, Orig 30–Jun–11 ... SC Bamberg ...... Bamberg County ...... 1/9180 5/2/11 RNAV (GPS) RWY 5, Orig 30–Jun–11 ... OK Norman ...... University of Oklahoma 1/9651 5/6/11 Takeoff Minimums and Obstacle Westheimer. DP, Orig 30–Jun–11 ... NH Manchester ...... Manchester ...... 1/9793 5/13/11 RNAV (RNP) Z RWY 17, Orig 30–Jun–11 ... IL Chicago ...... Chicago Midway Intl ...... 1/9795 5/6/11 RNAV (RNP) Y RWY 13C, Amdt 1 30–Jun–11 ... CO Rifle ...... Garfield County Rgnl ...... 1/9796 5/9/11 RNAV (RNP) Z RWY 8, Amdt 1 30–Jun–11 ... CO Rifle ...... Garfield County Rgnl ...... 1/9797 5/9/11 RNAV (RNP) Y RWY 26, Amdt 1 30–Jun–11 ... CO Rifle ...... Garfield County Rgnl ...... 1/9798 5/9/11 RNAV (RNP) Z RWY 26, Amdt 1 30–Jun–11 ... OH Columbus ...... Port Columbus Intl ...... 1/9799 5/9/11 RNAV (RNP) Z RWY 10L, Orig-A 30–Jun–11 ... OH Columbus ...... Port Columbus Intl ...... 1/9800 5/9/11 RNAV (RNP) Z RWY 28R, Orig 30–Jun–11 ... OH Columbus ...... Port Columbus Intl ...... 1/9801 5/9/11 RNAV (RNP) Z RWY 28L, Orig 30–Jun–11 ... OH Columbus ...... Port Columbus Intl ...... 1/9802 5/9/11 RNAV (RNP) Z RWY 10R, Orig 30–Jun–11 ... CO Hayden ...... Yampa Valley ...... 1/9803 5/9/11 RNAV (RNP) Z RWY 10, Amdt 1 30–Jun–11 ... CO Gunnison ...... Gunnison—Crested Butte Rgnl 1/9804 5/9/11 RNAV (RNP) RWY 6, Orig 30–Jun–11 ... LA New Orleans ...... Louis Armstrong New Orleans 1/9805 5/6/11 RNAV (RNP) Z RWY 10, Orig Intl. 30–Jun–11 ... CO Gunnison ...... Gunnison—Crested Butte Rgnl 1/9806 5/9/11 RNAV (RNP) RWY 24, Orig 30–Jun–11 ... LA New Orleans ...... Louis Armstrong New Orleans 1/9807 5/6/11 RNAV (RNP) Z RWY 28, Orig Intl. 30–Jun–11 ... TX Corpus Christi ...... Corpus Christi Intl ...... 1/9809 5/6/11 RNAV (RNP) Z RWY 13, Orig 30–Jun–11 ... TX Lubbock ...... Lubbock Preston Smith Intl ..... 1/9810 5/9/11 RNAV (RNP) Z RWY 35L, Orig 30–Jun–11 ... TX Corpus Christi ...... Corpus Christi Intl ...... 1/9811 5/6/11 RNAV (RNP) Z RWY 35, Orig 30–Jun–11 ... TX Lubbock ...... Lubbock Preston Smith Intl ..... 1/9812 5/9/11 RNAV (RNP) Z RWY 17R, Orig 30–Jun–11 ... TX Corpus Christi ...... Corpus Christi Intl ...... 1/9813 5/6/11 RNAV (RNP) Z RWY 31, Orig

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AIRAC date State City Airport FDC No. FDC date Subject

30–Jun–11 ... LA New Orleans ...... Louis Armstrong New Orleans 1/9814 5/6/11 RNAV (RNP) Z RWY 19, Orig Intl. 30–Jun–11 ... TX Amarillo ...... Rick Husband Amarillo Intl ...... 1/9815 5/6/11 RNAV (RNP) Z RWY 31, Orig 30–Jun–11 ... TX Amarillo ...... Rick Husband Amarillo Intl ...... 1/9822 5/6/11 RNAV (RNP) Z RWY 13, Orig 30–Jun–11 ... TX Amarillo ...... Rick Husband Amarillo Intl ...... 1/9823 5/6/11 RNAV (RNP) Z RWY 22, Orig 30–Jun–11 ... TX Amarillo ...... Rick Husband Amarillo Intl ...... 1/9824 5/6/11 RNAV (RNP) Z RWY 4, Orig 30–Jun–11 ... OK Tulsa ...... Tulsa Intl ...... 1/9825 5/9/11 RNAV (RNP) Z RWY 26, Orig 30–Jun–11 ... OK Tulsa ...... Tulsa Intl ...... 1/9826 5/9/11 RNAV (RNP) Z RWY 18R, Orig 30–Jun–11 ... WY Jackson ...... Jackson Hole ...... 1/9832 5/2/11 RNAV (RNP) Y RWY 1, Orig-A 30–Jun–11 ... WY Jackson ...... Jackson Hole ...... 1/9833 5/2/11 RNAV (RNP) Z RWY 1, Orig-B 30–Jun–11 ... WY Jackson ...... Jackson Hole ...... 1/9835 5/2/11 RNAV (RNP) Z RWY 19, Orig-A 30–Jun–11 ... NJ Atlantic City ...... Atlantic City Intl ...... 1/9836 5/13/11 RNAV (RNP) Z RWY 13, Orig 30–Jun–11 ... NJ Atlantic City ...... Atlantic City Intl ...... 1/9837 5/13/11 RNAV (RNP) Z RWY 31, Orig 30–Jun–11 ... OR North Bend ...... Southwest Rgnl ...... 1/9838 5/2/11 RNAV (RNP) Z RWY 4, Orig 30–Jun–11 ... MT Bozeman ...... Gallatin Field ...... 1/9840 5/2/11 RNAV (RNP) RWY 30, Orig 30–Jun–11 ... MT Bozeman ...... Gallatin Field ...... 1/9841 5/2/11 RNAV (RNP) Z RWY 12, Orig 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9849 5/11/11 RNAV (RNP) Z RWY 31, Orig 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9850 5/11/11 RNAV (RNP) Z RWY 20R, Orig 30–Jun–11 ... MT Missoula ...... Missoula Intl ...... 1/9851 5/6/11 RNAV (RNP) RWY 29, Orig 30–Jun–11 ... HI Honolulu ...... Honolulu Intl ...... 1/9852 5/9/11 RNAV (RNP) Z RWY 4R, Orig 30–Jun–11 ... HI Honolulu ...... Honolulu Intl ...... 1/9853 5/9/11 RNAV (RNP) RWY 26L, Orig-B 30–Jun–11 ... MD Baltimore ...... Baltimore/Washington Intl 1/9854 5/10/11 RNAV (RNP) Z RWY 15R, Orig- Thurgood Marshal. A 30–Jun–11 ... HI Honolulu ...... Honolulu Intl ...... 1/9855 5/9/11 RNAV (RNP) Z RWY 8L, Orig-A 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9856 5/11/11 RNAV (RNP) Z RWY 2C, Orig 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9857 5/11/11 RNAV (RNP) Z RWY 2L, Orig 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9858 5/11/11 RNAV (RNP) Z RWY 2R, Orig 30–Jun–11 ... CA Ontario ...... Ontario Intl ...... 1/9859 5/6/11 RNAV (RNP) Z RWY 26L, Orig-B 30–Jun–11 ... TN Nashville ...... Nashville Intl ...... 1/9860 5/11/11 RNAV (RNP) Z RWY 20L, Orig 30–Jun–11 ... CA Ontario ...... Ontario Intl ...... 1/9861 5/6/11 RNAV (RNP) Z RWY 26R, Orig- B 30–Jun–11 ... MD Baltimore ...... Baltimore/Washington Intl 1/9862 5/10/11 RNAV (RNP) Z RWY 10, Amdt 1 Thurgood Marshal. 30–Jun–11 ... MD Baltimore ...... Baltimore/Washington Intl 1/9863 5/10/11 RNAV (RNP) Z RWY 28, Orig-A Thurgood Marshal. 30–Jun–11 ... MD Baltimore ...... Baltimore/Washington Intl 1/9864 5/10/11 RNAV (RNP) Z RWY 33L, Amdt Thurgood Marshal. 1 30–Jun–11 ... CA Ontario ...... Ontario Intl ...... 1/9865 5/6/11 RNAV (RNP) Z RWY 8L, Orig-B 30–Jun–11 ... CA San Francisco ...... San Francisco Intl ...... 1/9867 5/11/11 RNAV (RNP) Y RWY 28R, Orig- B 30–Jun–11 ... CA San Francisco ...... San Francisco Intl ...... 1/9870 5/11/11 RNAV (RNP) Y RWY 10R, Orig 30–Jun–11 ... CA Monterey ...... Monterey Peninsula ...... 1/9878 5/6/11 RNAV (RNP) Z RWY 28L, Orig 30–Jun–11 ... CA San Jose ...... Norman Y. Mineta San Jose 1/9884 5/6/11 RNAV (RNP) Z RWY 30L, Amdt Intl. 1 30–Jun–11 ... CA San Jose ...... Norman Y. Mineta San Jose 1/9886 5/6/11 RNAV (RNP) Z RWY 12L, Orig Intl. 30–Jun–11 ... CA San Jose ...... Norman Y. Mineta San Jose 1/9889 5/6/11 RNAV (RNP) Z RWY 12R, Amdt Intl. 1 30–Jun–11 ... CA San Jose ...... Norman Y. Mineta San Jose 1/9890 5/6/11 RNAV (RNP) Z RWY 30R, Orig- Intl. A 30–Jun–11 ... AZ Scottsdale ...... Scottsdale ...... 1/9912 5/6/11 RNAV (RNP) Y RWY 3, Orig-A 30–Jun–11 ... AZ Scottsdale ...... Scottsdale ...... 1/9914 5/6/11 RNAV (RNP) Z RWY 3, Orig 30–Jun–11 ... AZ Scottsdale ...... Scottsdale ...... 1/9918 5/6/11 RNAV (RNP) RWY 21, Orig 30–Jun–11 ... CA Bishop ...... Eastern Sierra Rgnl ...... 1/9920 5/11/11 RNAV (RNP) RWY 30, Orig 30–Jun–11 ... GA Atlanta ...... Dekalb—Peachtree ...... 1/9924 5/13/11 RNAV (RNP) Z RWY 20L, Orig 30–Jun–11 ... PA Philadelphia ...... Philadelphia Intl ...... 1/9926 5/13/11 RNAV (RNP) Z RWY 9R, Orig 30–Jun–11 ... PA Philadelphia ...... Philadelphia Intl ...... 1/9927 5/13/11 RNAV (RNP) Z RWY 9L, Orig 30–Jun–11 ... FL Sebring ...... Sebring Rgnl ...... 1/9934 5/13/11 RNAV (RNP) RWY 18, Orig 30–Jun–11 ... FL Tampa ...... Tampa Intl ...... 1/9935 5/13/11 RNAV (RNP) Y RWY 19L, Amdt 1

[FR Doc. 2011–13951 Filed 6–15–11; 8:45 am] BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION online free of charge. Visit http:// textual ODP amendments may have www.nfdc.faa.gov to register. been issued previously by the FAA in a Federal Aviation Administration Additionally, individual SIAP and Flight Data Center (FDC) Notice to Takeoff Minimums and ODP copies may Airmen (NOTAM) as an emergency 14 CFR Part 97 be obtained from: action of immediate flight safety relating [Docket No. 30785; Amdt. No. 3428] 1. FAA Public Inquiry Center (APA– directly to published aeronautical 200), FAA Headquarters Building, 800 charts. The circumstances which Standard Instrument Approach Independence Avenue, SW., created the need for some SIAP and Procedures, and Takeoff Minimums Washington, DC 20591; or Takeoff Minimums and ODP and Obstacle Departure Procedures; 2. The FAA Regional Office of the amendments may require making them Miscellaneous Amendments region in which the affected airport is effective in less than 30 days. For the located. remaining SIAPS and Takeoff AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Minimums and ODPS, an effective date Administration (FAA), DOT. Harry J. Hodges, Flight Procedure at least 30 days after publication is ACTION: Final rule. Standards Branch (AFS–420), Flight provided. Further, the SIAPs and Takeoff Technologies and Programs Divisions, SUMMARY: This establishes, amends, Minimums and ODPS contained in this Flight Standards Service, Federal suspends, or revokes Standard amendment are based on the criteria Aviation Administration, Mike Instrument Approach Procedures contained in the U.S. Standard for Monroney Aeronautical Center, 6500 (SIAPs) and associated Takeoff Terminal Instrument Procedures South MacArthur Blvd., Oklahoma City, Minimums and Obstacle Departure (TERPS). In developing these SIAPS and OK 73169 (Mail Address: P.O. Box Procedures for operations at certain Takeoff Minimums and ODPs, the 25082, Oklahoma City, OK 73125) airports. These regulatory actions are TERPS criteria were applied to the needed because of the adoption of new Telephone: (405) 954–4164. conditions existing or anticipated at the or revised criteria, or because of changes SUPPLEMENTARY INFORMATION: This rule affected airports. Because of the close occurring in the National Airspace amends Title 14 of the Code of Federal and immediate relationship between System, such as the commissioning of Regulations, Part 97 (14 CFR part 97), by these SIAPs, Takeoff Minimums and new navigational facilities, adding new establishing, amending, suspending, or ODPs, and safety in air commerce, I find obstacles, or changing air traffic revoking SIAPS, Takeoff Minimums that notice and public procedures before requirements. These changes are and/or ODPS. The complete regulators adopting these SIAPS, Takeoff designed to provide safe and efficient description of each SIAP and its Minimums and ODPs are impracticable use of the navigable airspace and to associated Takeoff Minimums or ODP and contrary to the public interest and, promote safe flight operations under for an identified airport is listed on FAA where applicable, that good cause exists instrument flight rules at the affected form documents which are incorporated for making some SIAPs effective in less airports. by reference in this amendment under 5 than 30 days. U.S.C. 552(a), 1 CFR part 51, and 14 DATES: This rule is effective June 16, CFR part 97.20. The applicable FAA Conclusion 2011. The compliance date for each Forms are FAA Forms 8260–3, 8260–4, The FAA has determined that this SIAP, associated Takeoff Minimums, 8260–5, 8260–15A, and 8260–15B when regulation only involves an established and ODP is specified in the amendatory required by an entry on 8260–15A. body of technical regulations for which provisions. The large number of SIAPs, Takeoff frequent and routine amendments are The incorporation by reference of Minimums and ODPs, in addition to necessary to keep them operationally certain publications listed in the their complex nature and the need for current. It, therefore—(1) is not a regulations is approved by the Director a special format make publication in the ‘‘significant regulatory action’’ under of the Federal Register as of June 16, Federal Register expensive and Executive Order 12866; (2) is not a 2011. impractical. Furthermore, airmen do not ‘‘significant rule’’ under DOT ADDRESSES: Availability of matters use the regulatory text of the SIAPs, Regulatory Policies and Procedures (44 incorporated by reference in the Takeoff Minimums or ODPs, but instead FR 11034; February 26,1979); and (3) amendment is as follows: refer to their depiction on charts printed does not warrant preparation of a For Examination— by publishers of aeronautical materials. regulatory evaluation as the anticipated 1. FAA Rules Docket, FAA The advantages of incorporation by impact is so minimal. For the same Headquarters Building, 800 reference are realized and publication of reason, the FAA certifies that this Independence Avenue, SW., the complete description of each SIAP, amendment will not have a significant Washington, DC 20591; Takeoff Minimums and ODP listed on economic impact on a substantial 2. The FAA Regional Office of the FAA forms is unnecessary. This number of small entities under the region in which the affected airport is amendment provides the affected CFR criteria of the Regulatory Flexibility Act. located; sections and specifies the types of SIAPs List of Subjects in 14 CFR Part 97 3. The National Flight Procedures and the effective dates of the, associated Office, 6500 South MacArthur Blvd., Takeoff Minimums and ODPs. This Air Traffic Control, Airports, Oklahoma City, OK 73169 or amendment also identifies the airport Incorporation by reference, and 4. The National Archives and Records and its location, the procedure, and the Navigation (Air). Administration (NARA). For amendment number. Issued in Washington, DC, on May 27, information on the availability of this 2011. The Rule material at NARA, call 202–741–6030, Ray Towles, or go to: http://www.archives.gov/ This amendment to 14 CFR part 97 is Deputy Director, Flight Standards Service. federal_register/code_of_federal_ effective upon publication of each regulations/ibr_locations.html. separate SIAP, Takeoff Minimums and Adoption Of The Amendment Availability—All SIAPs and Takeoff ODP as contained in the transmittal. Accordingly, pursuant to the Minimums and ODPs are available Some SIAP and Takeoff Minimums and authority delegated to me, Title 14,

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Code of Federal Regulations, Part 97 (14 Burlington, KS, Coffey County, GPS RWY 18, Beatrice, NE, Beatrice Muni, VOR RWY 36, CFR part 97) is amended by Orig, CANCELLED Amdt 9 establishing, amending, suspending, or Burlington, KS, Coffey County, GPS RWY 36, Central City, NE, Central City Muni-Larry revoking Standard Instrument Approach Orig, CANCELLED Reineke Field, RNAV (GPS) RWY 16, Orig Burlington, KS, Coffey County, RNAV (GPS) Central City, NE, Central City Muni-Larry Procedures and/or Takeoff Minimums RWY 18, Orig Reineke Field, RNAV (GPS) RWY 34, Orig and/or Obstacle Departure Procedures Burlington, KS, Coffey County, RNAV (GPS) Central City, NE, Central City Muni-Larry effective at 0902 UTC on the dates RWY 36, Orig Reineke Field, Takeoff Minimums and specified, as follows: Lawrence, MA, Lawrence Muni, ILS OR LOC Obstacle DP, Orig Y RWY 5, Amdt 4 Millville, NJ, Millville Muni, ILS OR LOC PART 97—STANDARD INSTRUMENT Lawrence, MA, Lawrence Muni, ILS OR LOC RWY 10, Amdt 2 APPROACH PROCEDURES Z RWY 5, Orig Brockport, NY, Ledgedale Airpark, RNAV Lawrence, MA, Lawrence Muni, NDB RWY 5, (GPS) RWY 28, Amdt 1 ■ 1. The authority citation for part 97 Amdt 6 Schenectady, NY, Schenectady County, GPS continues to read as follows: Lawrence, MA, Lawrence Muni, RNAV (GPS) RWY 22, Orig-D, CANCELLED RWY 5, Orig Schenectady, NY, Schenectady County, GPS Authority: 49 U.S.C. 106(g), 40103, 40106, Lawrence, MA, Lawrence Muni, RNAV (GPS) RWY 28, Orig-B, CANCELLED 40113, 40114, 40120, 44502, 44514, 44701, RWY 23, Orig Schenectady, NY, Schenectady County, ILS 44719, 44721–44722. Lawrence, MA, Lawrence Muni, VOR RWY OR LOC RWY 4, Amdt 5 ■ 2. Part 97 is amended to read as 23, Amdt 11 Schenectady, NY, Schenectady County, NDB follows: Frederick, MD, Frederick Muni, Takeoff RWY 22, Amdt 16 Minimums and Obstacle DP, Amdt 3 Schenectady, NY, Schenectady County, Effective 30 JUN 2011 Augusta, ME, Augusta State, Takeoff RNAV (GPS) RWY 4, Orig St. Paul Island, AK, St. Paul Island, ILS OR Minimums and Obstacle DP, Amdt 3 Schenectady, NY, Schenectady County, LOC/DME RWY 36, Amdt 3A Minneapolis, MN, Flying Cloud, RNAV (GPS) RNAV (GPS) RWY 10, Orig Talladega, AL, Talladega Muni, ILS or LOC/ RWY 28L, Amdt 1 Schenectady, NY, Schenectady County, DME RWY 3, Orig Rochester, MN, Rochester Intl, RNAV (GPS) RNAV (GPS) RWY 22, Orig Talladega, AL, Talladega Muni, RNAV (GPS) RWY 2, Amdt 2 Schenectady, NY, Schenectady County, RWY 3, Amdt 1 Rochester, MN, Rochester Intl, RNAV (GPS) RNAV (GPS) RWY 28, Orig Talladega, AL, Talladega Muni, RNAV (GPS) RWY 20, Amdt 1 Watertown, NY, Watertown Intl, RNAV (GPS) RWY 21, Amdt 1 Rochester, MN, Rochester Intl, VOR/DME RWY 10, Orig Telluride, CO, Telluride Rgnl, LOC/DME RWY 20, Amdt 14 Watertown, NY, Watertown Intl, RNAV (GPS) RWY 9, Amdt 2 Two Harbors, MN, Richard B Helgeson, GPS RWY 28, Orig Telluride, CO, Telluride Rgnl, Takeoff RWY 24, Orig, CANCELLED Beaver Falls, PA, Beaver County, RNAV Minimums and Obstacle DP, Amdt 2 Two Harbors, MN, Richard B Helgeson, (GPS) RWY 10, Orig Telluride, CO, Telluride Rgnl, VOR/DME–A, RNAV (GPS) RWY 6, Orig Beaver Falls, PA, Beaver County, RNAV Amdt 1 Two Harbors, MN, Richard B Helgeson, (GPS) RWY 28, Orig Venice, FL, Venice Muni, RNAV (GPS) RWY RNAV (GPS) RWY 24, Orig Beaver Falls, PA, Beaver County, VOR RWY 13, Amdt 1 Olive Branch, MS, Olive Branch, LOC/DME 28, Amdt 10 Venice, FL, Venice Muni, RNAV (GPS) RWY RWY 36, Orig Lehighton, PA, Jake Arner Memorial, RNAV 31, Amdt 1 Kenansville, NC, Duplin County, GPS RWY (GPS) RWY 8, Amdt 1A Atlanta, GA, Dekalb-Peachtree, RNAV (RNP) 5, Orig-B, CANCELLED Lehighton, PA, Jake Arner Memorial, RNAV RWY 2R, Amdt 1 Kenansville, NC, Duplin County, GPS RWY (GPS) RWY 26, Amdt 1A Cornelia, GA, Habersham County, NDB RWY 23, Orig-B, CANCELLED Philadelphia, PA, Philadelphia Intl, 6, Amdt 2 Kenansville, NC, Duplin County, LOC/NDB CONVERGING ILS RWY 17, Amdt 6 Cornelia, GA, Habersham County, RNAV RWY 23, Amdt 1 Philadelphia, PA, Philadelphia Intl, ILS OR (GPS) RWY 6, Amdt 1 Kenansville, NC, Duplin County, RNAV LOC RWY 17, Amdt 8 Cornelia, GA, Habersham County, RNAV (GPS) RWY 5, Orig Philadelphia, PA, Philadelphia Intl, RNAV (GPS) RWY 24, Amdt 1 Kenansville, NC, Duplin County, RNAV (GPS) RWY 17, Amdt 3 Thomson, GA, Thomson-McDuffie County, (GPS) RWY 23, Orig Philadelphia, PA, Philadelphia Intl, RNAV ILS OR LOC/NDB RWY 10, Amdt 1 Salisbury, NC, Rowan County, ILS OR LOC (GPS) RWY 35, Amdt 3 Thomson, GA, Thomson-McDuffie County, RWY 20, Amdt 1 York, PA, York, NDB RWY 17, Amdt 7 NDB RWY 10, Amdt 1 Salisbury, NC, Rowan County, NDB RWY 20, York, PA, York, RNAV (GPS) RWY 17, Amdt Thomson, GA, Thomson-McDuffie County, Amdt 1 2 RNAV (GPS) RWY 10, Orig Salisbury, NC, Rowan County, RNAV (GPS) York, PA, York, RNAV (GPS) RWY 35, Amdt Thomson, GA, Thomson-McDuffie County, RWY 2, Amdt 1 1 RNAV (GPS) RWY 28, Orig Salisbury, NC, Rowan County, RNAV (GPS) Gettysburg, SD, Gettysburg Muni, RNAV Thomson, GA, Thomson-McDuffie County, RWY 20, Amdt 1 (GPS) RWY 13, Amdt 1 VOR/DME–A, Amdt 4 Salisbury, NC, Rowan County, Takeoff Gettysburg, SD, Gettysburg Muni, RNAV Centerville, IA, Centerville Muni, NDB OR Minimums and Obstacle DP, Amdt 1 (GPS) RWY 31, Amdt 1 GPS RWY 16, Amdt 1B, CANCELLED Hillsboro, ND, Hillsboro Muni, RNAV (GPS) Mobridge, SD, Mobridge Muni, NDB RWY Centerville, IA, Centerville Muni, NDB OR RWY 16, Amdt 1 12, Amdt 2, CANCELLED GPS RWY 34, Amdt 1B, CANCELLED Hillsboro, ND, Hillsboro Muni, RNAV (GPS) Mobridge, SD, Mobridge Muni, RNAV (GPS) Creston, IA, Creston Muni, RNAV (GPS) RWY 34, Amdt 1 RWY 30, Amdt 1 RWY 16, Amdt 1 Beatrice, NE, Beatrice Muni, RNAV (GPS) Mobridge, SD, Mobridge Muni, Takeoff Creston, IA, Creston Muni, RNAV (GPS) RWY 14, Amdt 1 Minimums and Obstacle DP, Amdt 1 RWY 34, Amdt 1 Beatrice, NE, Beatrice Muni, RNAV (GPS) Spearfish, SD, Black Hills-Clyde Ice Field, Mason City, IA, Mason City Muni, RNAV RWY 18, Amdt 2 GPS RWY 12, Orig-D, CANCELLED (GPS) RWY 18, Amdt 2 Beatrice, NE, Beatrice Muni, RNAV (GPS) Spearfish, SD, Black Hills-Clyde Ice Field, Mason City, IA, Mason City Muni, RNAV RWY 32, Amdt 1 NDB–A, Amdt 1 (GPS) RWY 30, Amdt 1 Beatrice, NE, Beatrice Muni, RNAV (GPS) Spearfish, SD, Black Hills-Clyde Ice Field, Mason City, IA, Mason City Muni, RNAV RWY 36, Amdt 2 RNAV (GPS) RWY 13, Orig (GPS) RWY 36, Amdt 1 Beatrice, NE, Beatrice Muni, VOR RWY 14, Spearfish, SD, Black Hills-Clyde Ice Field, Dixon, IL, Dixon Muni-Charles R. Walgreen Amdt 18 RNAV (GPS) RWY 31, Orig Field, Takeoff Minimums and Obstacle DP, Beatrice, NE, Beatrice Muni, VOR RWY 18, Sturgis, SD, Sturgis Muni, GPS RWY 29, Amdt 3 Amdt 2 Orig-A, CANCELLED

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Sturgis, SD, Sturgis Muni, RNAV (GPS) RWY On MAY 04, 2011 (76 FR 25233) the On MAY 26, 2011 (76 FR 30536) the 11, Orig FAA published an Amendment in FAA published an Amendment in Sturgis, SD, Sturgis Muni, RNAV (GPS) RWY Docket No. 30779, Amdt 3422 to Part 97 Docket No. 30783, Amdt 3426 to Part 97 29, Orig of the Federal Aviation Regulations of the Federal Aviation Regulations Sturgis, SD, Sturgis Muni, Takeoff Minimums under section 97.33. The following under section 97.33. The following and Obstacle DP, Amdt 1 entries, published in TL 11–11 effective entries, published in TL 11–13 effective Dyersburg, TN, Dyersburg Rgnl, RNAV (GPS) for 30 JUNE 2011, are hereby rescinded: for 30 JUNE 2011, are hereby rescinded: RWY 4, Amdt 2 Dyersburg, TN, Dyersburg Rgnl, RNAV (GPS) Anchorage, AK, Merill Field, RNAV (GPS)– Valdez, AK, Valdez Pioneer Field, LDA/ DME–H, Orig-A RWY 22, Amdt 1 A, Amdt 1 Dyersburg, TN, Dyersburg Rgnl, VOR–A, Anchorage, AK, Merill Field, Takeoff [FR Doc. 2011–13955 Filed 6–15–11; 8:45 am] Amdt 18 Minimums and Obstacle DP, Amdt 1 BILLING CODE 4910–13–P Dyersburg, TN, Dyersburg Rgnl, VOR/DME Big Lake, AK, Big Lake, RNAV (GPS) RWY RWY 4, Amdt 4 7, Amdt 1 Memphis, TN, General Dewitt Spain, GPS Big Lake, AK, Big Lake, RNAV (GPS) RWY DEPARTMENT OF TRANSPORTATION RWY 17, Orig-A, CANCELLED 25, Amdt 1 Memphis, TN, General Dewitt Spain, RNAV Big Lake, AK, Big Lake, Takeoff Minimums Federal Aviation Administration (GPS) RWY 17, Orig and Obstacle DP, Amdt 2 Morristown, TN, Moore-Murrell, NDB RWY Big Lake, AK, Big Lake, VOR RWY 7, Amdt 14 CFR Parts 121 and 135 5, Amdt 5 7 [Docket No. 28471; Amendment Nos. 121– Morristown, TN, Moore-Murrell, RNAV Galena, AK, Edward G. Pitka Sr, VOR/DME 355 and 135–125] (GPS) RWY 5, Orig RWY 7, Amdt 7B Morristown, TN, Moore-Murrell, RNAV Galena, AK, Edward G. Pitka Sr, VOR/DME RIN 2120–AF08 (GPS) RWY 23, Orig RWY 25, Amdt 10B Training and Qualification Morristown, TN, Moore-Murrell, SDF RWY 5, Kenai, AK, Kenai Muni, ILS OR LOC RWY Requirements for Check Airmen and Amdt 5 19R, Amdt 4 Waverly, TN, Humphreys County, RNAV Flight Instructors; Technical Kenai, AK, Kenai Muni, RNAV (GPS) RWY (GPS) RWY 3, Orig 1L, Amdt 2 Amendment Waverly, TN, Humphreys County, RNAV Kenai, AK, Kenai Muni, RNAV (GPS) RWY (GPS) RWY 21, Orig AGENCY: Federal Aviation 19R, Amdt 2 Wendover, UT, Wendover, RNAV (GPS) Administration (FAA), DOT. Kenai, AK, Kenai Muni, VOR RWY 19R, RWY 8, Orig ACTION: Final rule; technical Amdt 19 Wendover, UT, Wendover, RNAV (GPS)–C, amendment. Kenai, AK, Kenai Muni, VOR/DME RWY 1L, Orig Amdt 8 Waynesboro, VA, Eagle’s Nest, RNAV (GPS) SUMMARY: The FAA is amending its RWY 6, Orig Wasilla, AK, Wasilla, Takeoff Minimums and regulations regarding separate Waynesboro, VA, Eagle’s Nest, RNAV (GPS) Obstacle DP, Amdt 1 requirements for check airmen who RWY 24, Orig On MAY 16, 2011 (76 FR 28172) the check only in flight simulators and Highgate, VT, Franklin County State, RNAV FAA published an Amendment in flight instructors who instruct only in (GPS) RWY 1, Amdt 3 Docket No. 30781, Amdt 3424 to Part 97 flight simulators. This document Highgate, VT, Franklin County State, RNAV of the Federal Aviation Regulations corrects minor technical errors in the (GPS) RWY 19, Amdt 1 under section 97.33. The following codified text of those regulations. Highgate, VT, Franklin County State, Takeoff DATES: Effective June 16, 2011. Minimums and Obstacle DP, Amdt 1 entries, published in TL 11–12 effective Highgate, VT, Franklin County State, VOR/ for 30 JUNE 2011, are hereby rescinded: FOR FURTHER INFORMATION CONTACT: Eric DME RWY 19, Amdt 5 Friedman, Air Transportation Division, Anchorage, AK, Ted Stevens Anchorage Intl, AFS–200, Federal Aviation Springfield, VT, Hartness State (Springfield), ILS OR LOC/DME RWY 7L, ILS RWY 7L Takeoff Minimums and Obstacle DP, Amdt Administration, 800 Independence (SA CAT I), ILS RWY 7L (CAT II), Amdt Avenue, SW., Washington, DC 20591; 3 2 telephone: 202–493–5259; e-mail: Ladysmith, WI, Rusk County, NDB RWY 32, Anchorage, AK, Ted Stevens Anchorage Intl, [email protected]. Amdt 3 ILS RWY 15, Amdt 5 Ladysmith, WI, Rusk County, RNAV (GPS) Anchorage, AK, Ted Stevens Anchorage Intl, SUPPLEMENTARY INFORMATION: RWY 14, Orig RNAV (GPS) RWY 7L, Amdt 2 Ladysmith, WI, Rusk County, RNAV (GPS) Background Anchorage, AK, Ted Stevens Anchorage Intl, RWY 32, Orig RNAV (GPS) RWY 15, Amdt 2 On June 17, 1996, the FAA published Marshfield, WI, Marshfield Muni, NDB RWY Anchorage, AK, Ted Stevens Anchorage Intl, a final rule entitled, ‘‘Training and 5, Amdt 14 Takeoff Minimum and Obstacle DP, Amdt Qualification Requirements for Check Marshfield, WI, Marshfield Muni, NDB RWY 6 Airmen and Flight Instructors’’ (61 FR 16, Amdt 10 Anchorage, AK, Ted Stevens Anchorage Intl, 30734). Milwaukee, WI, General Mitchell Intl, ILS OR LOC RWY 19R, Amdt 11 VOR RWY 7R, Amdt 13A, CANCELLED In that final rule the FAA established Milwaukee, WI, General Mitchell Intl, RNAV Kodiak, AK, Kodiak, ILS OR LOC/DME Y separate requirements for check airmen (GPS) RWY 19R, Amdt 1 RWY 25, Amdt 1A who check only in flight simulators and Milwaukee, WI, General Mitchell Intl, RNAV Kodiak, AK, Kodiak, VOR Y RWY 25, Amdt flight instructors who instruct only in (GPS) Y RWY 19R, Orig, CANCELLED 1A flight simulators. To ensure an Sparta, WI, Sparta/Fort McCoy, NDB RWY Soldotna, AK, Soldotna, NDB RWY 7, Amdt equivalent level of safety, the affected 29, Amdt 4 2 check airmen and flight instructors must Sparta, WI, Sparta/Fort McCoy, RNAV (GPS) Soldotna, AK, Soldotna, NDB RWY 25, Amdt accomplish the following: Recency of RWY 11, Amdt 1 3 experience requirements, including Sparta, WI, Sparta/Fort McCoy, Takeoff Soldotna, AK, Soldotna, VOR–A, Amdt 7 completion of an approved line- Minimums and Obstacle DP, Amdt 2 observation program within each 12-

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month period; and required training, program preceding the performance of DATES: Effective Date: this rule is including recurrent ground and flight any flight instructor duty in a flight effective in the CFR from June 16, 2011 training. Additionally this rule allowed simulator. until 11:59 p.m. July 31, 2011. This rule check airman and flight instructors to * * * * * is effective with actual notice for obtain all of their flight training in purposes of enforcement beginning simulators, as opposed to the then PART 135—OPERATING 12:01 a.m. May 16, 2011 through 11:59 current scheme in which initial and REQUIREMENTS: COMMUTER AND p.m. July 31, 2011. transition flight training must include ON DEMAND OPERATIONS AND ADDRESSES: Documents indicated in this an in-flight element. RULES GOVERNING PERSONS ON preamble as being available in the BOARD SUCH AIRCRAFT Technical Amendment docket are part of docket USCG–2011– 0433 and are available online by going This technical amendment makes two ■ 3. The authority citation for part 135 to http://www.regulations.gov, inserting revisions to the final rule: (1) The continues to read as follows: USCG–2011–0433 the ‘‘Keyword’’ box, language in § 121.412(f)(2) incorrectly Authority: 49 U.S.C. 106(g), 41706, 40113, and then clicking ‘‘Search.’’ They are uses the term ‘‘check airman’’ when the 44701–44702, 44705, 44709, 44711–44713, also available for inspection or copying term ‘‘flight instructor’’ should have 44715–44717, 44722, 45101–45105. at the Docket Management Facility (M– been used; and (2) the language in ■ 30), U.S. Department of Transportation, § 135.338(f)(2) incorrectly uses the term 4. Amend § 135.338 by revising West Building Ground Floor, Room ‘‘check airman’’ when the term ‘‘flight paragraph (f)(2) to read as follows: W12–140, 1200 New Jersey Avenue, SE., instructor’’ should have been used. § 135.338 Qualifications: Flight instructors Washington, DC 20590, between 9 a.m. Accordingly, this technical amendment (aircraft) and flight instructors (simulator). and 5 p.m., Monday through Friday, revises §§ 121.412(f)(2) and * * * * * except Federal holidays. 135.338(f)(2). (f) * * * Because the changes in this technical FOR FURTHER INFORMATION CONTACT: If (2) Satisfactorily complete an amendment result in no substantive you have questions on this temporary approved line-observation program change, we find good cause exists under rule, call or e-mail Lieutenant (LT) within the period prescribed by that 5 U.S.C. 553(d)(3) to make the Russell Pickering, Coast Guard; program preceding the performance of amendment effective in less than 30 telephone 985–380–5334, e-mail any flight instructor duty in a flight days. [email protected]. If you have simulator. questions on viewing the docket, call List of Subjects * * * * * Renee V. Wright, Program Manager, 14 CFR Part 121 Issued in Washington, DC, on June 10, Docket Operations, telephone 202–366– Air carriers, Aircraft, Airmen, Alcohol 2011. 9826. abuse, Aviation safety, Charter flights, Dennis R. Pratte, SUPPLEMENTARY INFORMATION: Drug abuse, Drug testing, Reporting and Acting Director, Office of Rulemaking. Regulatory Information recordkeeping requirements, Safety, and [FR Doc. 2011–14999 Filed 6–15–11; 8:45 am] Transportation. BILLING CODE 4910–13–P The Coast Guard is issuing this 14 CFR Part 135 temporary final rule without prior notice and opportunity to comment Air taxis, Aircraft, Airmen, Alcohol DEPARTMENT OF HOMELAND pursuant to authority under section 4(a) abuse, Aviation safety, Drug abuse, Drug SECURITY of the Administrative Procedure Act testing, and Reporting and (APA) (5 U.S.C. 553(b)). This provision recordkeeping requirements. Coast Guard authorizes an agency to issue a rule The Amendments without prior notice and opportunity to 33 CFR Part 165 comment when the agency for good In consideration of the foregoing, the cause finds that those procedures are Federal Aviation Administration [Docket No. USCG–2011–0433] ‘‘impracticable, unnecessary, or contrary amends chapter I of title 14, Code of RIN 1625–AA00 to the public interest.’’ Under 5 U.S.C. Federal Regulations as follows: 553(b)(B), the Coast Guard finds that Safety Zone; Waterway Closure, PART 121—OPERATING good cause exists for not publishing a Atchafalaya River From Mile Marker notice of proposed rulemaking (NPRM) REQUIREMENTS: DOMESTIC, FLAG, 117 (Morgan City Railroad Bridge) to AND SUPPLEMENTAL OPERATIONS with respect to this rule because Mile Marker 0 (Simmesport, LA) publishing a NPRM would be ■ 1. The authority citation for part 121 AGENCY: Coast Guard, DHS. impracticable since immediate action is needed to protect the general public, continues to read as follows: ACTION: Temporary final rule. Authority: 49 U.S.C. 106(g), 40113, 40119, levee system, vessels and tows from the 41706, 44101, 44701–44702, 44705, 44709– SUMMARY: The Coast Guard is hazards associated with rising flood 44711, 44713, 44716–44717, 44722, 46105. establishing a temporary safety zone water on the Atchafalaya River. closing the Atchafalaya River to all Under 5 U.S.C. 553(d)(3), the Coast ■ 2. Amend § 121.412 by revising commercial traffic from MM 117 Guard finds that good cause exists for paragraph (f)(2) to read as follows: (Morgan City Railroad Bridge) to MM 0 making this rule effective less than 30 § 121.412 Qualifications: Flight instructors (Simmesport, LA). This temporary days after publication in the Federal (airplane) and flight instructors (simulator). safety zone is needed to protect the Register. Publishing a NPRM and * * * * * general public, vessels and tows from delaying its effective date would be (f) * * * destruction, and the levee system from impracticable since immediate action is (2) Satisfactorily complete an destruction, loss or injury due to needed to protect the general public, approved line-observation program hazards associated with rising flood levee system, vessels and tows from within the period prescribed by that water. destruction, loss or injury due to the

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hazards associated with rising flood organizations that are independently impose a substantial direct cost of water in the Atchafalaya River. owned and operated and are not compliance on them. We have analyzed dominant in their fields, and this rule under that Order and have Basis and Purpose governmental jurisdictions with determined that it does not have Captain of the Port Morgan City, populations of less than 50,000. implications for federalism. Louisiana has determined that there is The Coast Guard certifies under 5 a need to establish a temporary safety U.S.C. 605(b) that this rule will not have Unfunded Mandates Reform Act zone due to high water. This temporary a significant economic impact on a The Unfunded Mandates Reform Act safety zone is needed to protect the substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires general public, levee system, vessels This rule will affect the following Federal agencies to assess the effects of and tows from destruction, loss or entities, some of which may be small their discretionary regulatory actions. In injury from flood waters and associated entities: The owners or operators of particular, the Act addresses actions hazards. vessels intending to transit through the that may result in the expenditure by a Safety Zone from May 16, 2011 through State, local, or tribal government, in the Discussion of Rule July 31, 2011. This temporary safety aggregate, or by the private sector of The Coast Guard is establishing a zone is not expected to have a $100,000,000 or more in any one year. temporary Safety Zone in the significant economic impact on a Though this rule will not result in such Atchafalaya River for all commercial substantial number of small entities an expenditure, we do discuss the traffic from MM 117 (Morgan City because vessels and tows requiring effects of this rule elsewhere in this Railroad Bridge) to MM 0 (Simmesport, entry into or passage through the preamble. LA). Vessels and tows may not enter temporary safety zone may request Taking of Private Property this zone unless authorized by the permission from the Captain of the Port Captain of the Port Morgan City or Morgan City, or a designated This rule will not affect a taking of designated representative. representative. If you are a small private property or otherwise have taking implications under Executive Regulatory Analyses business entity and are significantly affected by this regulation, please Order 12630, Governmental Actions and We developed this rule after contact LT Russell Pickering, Marine Interference with Constitutionally considering numerous statutes and Safety Unit Morgan City, at (985) 380– Protected Property Rights. executive orders related to rulemaking. 5334. Below we summarize our analyses Civil Justice Reform based on 13 of these statutes or Assistance for Small Entities This rule meets applicable standards executive orders. Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to Regulatory Planning and Review Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate This rule is not a significant we offer to assist small entities in ambiguity, and reduce burden. regulatory action under section 3(f) of understanding the rule so that they can Protection of Children Executive Order 12866, Regulatory better evaluate its effects on them and Planning and Review, and does not participate in the rulemaking process. We have analyzed this rule under require an assessment of potential costs Small businesses may send comments Executive Order 13045, Protection of and benefits under section 6(a)(3) of that on the actions of Federal employees Children from Environmental Health Order. The Office of Management and who enforce, or otherwise determine Risks and Safety Risks. This rule is not Budget has not reviewed it under that compliance with, Federal regulations to an economically significant rule and Order. the Small Business and Agriculture does not create an environmental risk to Although this regulation will restrict Regulatory Enforcement Ombudsman health or risk to safety that may access to the area, the effect of the rule and the Regional Small Business disproportionately affect children. will not be significant because vessels Regulatory Fairness Boards. The Indian Tribal Governments requiring entry into or passage through Ombudsman evaluates these actions the Safety Zone may request permission annually and rates each agency’s This rule does not have tribal from the Captain of the Port Morgan responsiveness to small business. If you implications under Executive Order City, or a designated representative and wish to comment on actions by 13175, Consultation and Coordination entry will be evaluated on a case-by- employees of the Coast Guard, call with Indian Tribal Governments, case basis to minimize impact and 1–888–REG–FAIR (1–888–734–3247). because it does not have a substantial protect the general public, levee system, The Coast Guard will not retaliate direct effect on one or more Indian vessels and tows from destruction, loss against small entities that question or tribes, on the relationship between the or injury due to the hazards associated complain about this rule or any policy Federal Government and Indian tribes, with rising flood water. Notifications to or action of the Coast Guard. or on the distribution of power and the marine community will be made responsibilities between the Federal through broadcast notices to mariners Collection of Information Government and Indian tribes. and Local Notices to Mariners and This rule calls for no new collection Energy Effects Marine Safety Information Bulletins. of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Small Entities 3520). Executive Order 13211, Actions Under the Regulatory Flexibility Act Concerning Regulations That (5 U.S.C. 601–612), we have considered Federalism Significantly Affect Energy Supply, whether this rule would have a A rule has implications for federalism Distribution, or Use. We have significant economic impact on a under Executive Order 13132, determined that it is not a ‘‘significant substantial number of small entities. Federalism, if it has a substantial direct energy action’’ under that order because The term ‘‘small entities’’ comprises effect on State or local governments and it is not a ‘‘significant regulatory action’’ small businesses, not-for-profit would either preempt State law or under Executive Order 12866 and is not

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likely to have a significant adverse effect PART 165—REGULATED NAVIGATION DEPARTMENT OF HOMELAND on the supply, distribution, or use of AREAS AND LIMITED ACCESS AREAS SECURITY energy. The Administrator of the Office of Information and Regulatory Affairs ■ 1. The authority citation for part 165 Coast Guard has not designated it as a significant continues to read as follows: energy action. Therefore, it does not 33 CFR Part 165 Authority: 33 U.S.C. 1231; 46 U.S.C. require a Statement of Energy Effects [Docket No. USCG–2011–0228] under Executive Order 13211. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; RIN 1625–AA00 Technical Standards Pub. L. 107–295, 116 Stat. 2064; Department Safety Zone, Brandon Road Lock and The National Technology Transfer of Homeland Security Delegation No. 0170.1. Dam to Lake Michigan Including Des and Advancement Act (NTTAA) (15 ■ 2. A new temporary § 165.T08–0433 is Plaines River, Chicago Sanitary and U.S.C. 272 note) directs agencies to use added to read as follows: Ship Canal, Chicago River, and voluntary consensus standards in their Calumet-Saganashkee Channel, regulatory activities unless the agency § 165.T08–0433 Safety Zone; Waterway Chicago, IL provides Congress, through the Office of Closure, Atchafalaya River from Mile Marker Management and Budget, with an 117 (Morgan City Railroad Bridge) to Mile AGENCY: Coast Guard, DHS. Marker 0 (Simmesport, LA). explanation of why using these ACTION: Final rule. standards would be inconsistent with (a) Location. This temporary safety SUMMARY: The Coast Guard is applicable law or otherwise impractical. zone is located on the specified waters establishing a permanent safety zone Voluntary consensus standards are of the Atchafalaya River between MM from Brandon Road Lock and Dam to technical standards (e.g., specifications 117 (Morgan City Railroad Bridge) and Lake Michigan. This safety zone will of materials, performance, design, or MM 0 (Simmesport, LA). operation; test methods; sampling cover 77 miles of navigable waterways procedures; and related management (b) Effective date. This rule is effective in the Chicago area and is intended to systems practices) that are developed or May 16, 2011 through July 31, 2011 and restrict vessels from entering certain adopted by voluntary consensus enforceable with actual notice upon segments of the navigable waters of the standards bodies. signature, May 16, 2011. Des Plaines River, the Chicago Sanitary This rule does not use technical (c) Regulations. (1) In accordance with and Ship Canal, branches of the Chicago standards. Therefore, we did not the general regulations in § 165.23 of River, and the Calumet-Saganashkee consider the use of voluntary consensus this part, entry into this zone is Channel. This safety zone is necessary to protect the waters, waterway users standards. prohibited unless authorized by the and vessels from hazards associated Captain of the Port Morgan City. Environment with a myriad of actions designed to We have analyzed this rule under (2) Vessels requiring entry into or control the spread of aquatic nuisance Department of Homeland Security passage through the Safety Zone must species. Because the Asian Carp Management Directive 023–01 and request permission from the Captain of Regional Coordinating Committee Commandant Instruction M16475.lD, the Port Morgan City, or a designated (ACRCC) may take such actions at any which guide the Coast Guard in representative. They may be contacted time and in any segment of the complying with the National on VHF Channel 13 or 16, or by waterways covered by this safety zone, Environmental Policy Act of 1969 telephone at 985–380–5370. this safety zone will provide the Captain (NEPA) (42 U.S.C. 4321–4370f), and (3) All persons and vessels shall of the Port, Sector Lake Michigan, the have concluded this action is one of a comply with the instructions of the ability to take targeted and expeditious action to protect vessels and persons category of actions which do not Captain of the Port Morgan City and from the hazards associated with any individually or cumulatively have a designated on-scene patrol personnel. significant effect on the human Federal and state efforts to control On-scene patrol personnel include aquatic nuisance species. environment. This rule is categorically commissioned, warrant, and petty DATES: This rule is effective July 18, excluded, under figure 2–1, paragraph officers of the U.S. Coast Guard. (34) (g.), of the Instruction. This rule 2011. Dated: May 16, 2011. involves an emergency situation and ADDRESSES: Comments and material will be in effect for over one week, but J.C. Burton, received from the public, as well as is not expected to result in any Captain, U.S. Coast Guard, Captain of the documents indicated in this preamble as significant adverse environmental Port Morgan City, Louisiana. being available in the docket, are part of impact as described in NEPA. E.M. Stanton, docket USCG–2011–0228 and are An environmental analysis checklist Captain, U.S. Coast Guard Captain of the available online at http:// and a categorical exclusion Port New Orleans, Louisiana. www.regulations.gov. This material is determination will be provided and [FR Doc. 2011–14922 Filed 6–15–11; 8:45 am] also available for inspection or copying made available at the docket as at two locations: The Docket BILLING CODE 9110–04–P indicated in the ADDRESSES section. Management Facility (M–30), U.S. List of Subjects in 33 CFR Part 165 Department of Transportation, West Building Ground Floor, Room W12–140, Harbors, Marine safety, Navigation 1200 New Jersey Avenue, SE., (Water), Reporting and recordkeeping Washington, DC 20590, between 9 a.m. requirements, Security measures, and 5 p.m., Monday through Friday, Waterways. except Federal holidays and the U.S. For the reasons discussed in the Coast Guard Sector Lake Michigan, 2420 preamble, the Coast Guard amends 33 South Lincoln Memorial Drive, CFR part 165 as follows: Milwaukee, WI 53207, between 8 a.m.

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and 3 p.m., Monday through Friday, secured to the bottom of the canal. A require the Captain of the Port, Sector except Federal holidays. second barrier (Barrier IIA) was Lake Michigan to enforce the safety FOR FURTHER INFORMATION CONTACT: If constructed 800 to 1300 feet zone. downstream of Barrier I. Barrier IIA is you have questions on this rule, call Discussion of Comments and Changes BM1 Adam Kraft, Prevention currently operating at two volts per Department, Coast Guard Sector Lake inch, 15 Hertz, and 6.5ms. Construction No comments on the proposed Michigan, Milwaukee, WI at (414) 747– on Barrier IIB was completed in early rulemaking were received and no 7148 or e-mail him at 2011. Operational and safety testing was changes are being made to the rule. [email protected]. If you have conducted on Barrier IIB in February Regulatory Analysis questions on viewing or submitting 2011 and is being analyzed. The We developed this rule after material to the docket, call Renee V. completion of Barrier IIB should allow considering numerous statutes and Wright, Program Manager, Docket for maintenance operations with executive orders related to rulemaking. Operations, telephone 202–366–9826. reduced need for the use of other aquatic nuisance species Below we summarize our analyses SUPPLEMENTARY INFORMATION: countermeasures. based on 13 of these statutes or Regulatory Information In addition to the aforementioned executive orders. electric dispersal barriers, the ACRCC On April 27, 2011, we published a Regulatory Planning and Review has been conducting fish sampling in Notice of Proposed Rule Making the Chicago Area Waterway System. The This rule is not a significant (NPRM) entitled Safety Zones; Brandon purpose of this sampling is to detect the regulatory action under section 3(f) of Road Lock and Dam to Lake Michigan potential presence of Asian Carp and Executive Order 12866, Regulatory including Des Plaines River, Chicago other aquatic nuisance species within Planning and Review, and does not Sanitary and Ship Canal, Chicago River, the waters covered by this safety zone. require an assessment of potential costs and Calumet-Saganashkee Channel, Upon detection of the presence of Asian and benefits under section 6(a)(3) of that Chicago, IL, in the Federal Register (76 Carp or other aquatic nuisance species Order. The Office of Management and FR 23524). We received zero letters within any segment of the waterways Budget has not reviewed it under that commenting on the proposed rule. No covered by this safety zone, the ACRCC Order. public meeting was requested, and none will take action designed to control the We expect the economic impact of was held. spread of aquatic nuisance species this rule to be minimal. This Background and Purpose within the area of detection. The various determination is based on the following: types of actions that the ACRCC might (1) While this rule establishes a safety In 2007, the Department of the take are outlined in the Asian Carp zone that is 77 miles long, the Captain Interior through the Fish and Wildlife Control Strategy Framework, which can of the Port, Sector Lake Michigan, will Service listed the Asian Carp and the be found on the ACRCC’s Web site: enforce the safety zone only in relatively Silver Carp as Injurious Wildlife http://asiancarp.org. small segments. The Captain of the Port, Species. Based upon testing conducted Because of the ACRCC’s testing and Sector Lake Michigan, will have the by the United States Army Corps of countermeasure activity, the Captain of flexibility to enforce the safety zone in Engineers (USACE), the Asian carp are the Port, Sector Lake Michigan, put in only the segments of the safety zone believed to be migrating toward the place a Temporary Interim Rule (TIR) on affected by the application of piscicide, Great Lakes through the Chicago May 1, 2010. This TIR established a 77 targeted fishing operations or other Sanitary and Ship Canal and connected mile long safety zone from Brandon countermeasures to address the problem tributaries. Scientists are concerned that Road Lock to Lake Michigan in Chicago, of aquatic nuisance species invasion; if these aquatic nuisance species reach IL. The purpose of that safety zone was and (2) The Captain of the Port, Sector the Great Lakes in sufficient numbers to provide the Captain of the Port, Lake Michigan, will make every effort to that they might devastate the Great Sector Lake Michigan, with the ability reduce the closure time of the enforced Lakes commercial and sport fishing to take targeted and expeditious action segments of the safety zone. industries. to protect vessels and persons from the The Nonindigenous Aquatic Nuisance hazards associated with the aquatic Small Entities Prevention and Control Act of 1990, as nuisance testing and the Under the Regulatory Flexibility Act amended by the National Invasive countermeasure activities detailed in (5 U.S.C. 601–612), we have considered Species Act of 1996, authorized the the ACRCC’s Asian Carp Control whether this rule would have a USACE to conduct a demonstration Strategy Framework. Although that TIR significant economic impact on a project to identify an environmentally expired on March 1, 2011, the ACRCC substantial number of small entities. sound method for preventing and will continue their testing and The term ‘‘small entities’’ comprises reducing the dispersal of non- countermeasure activities. Thus, the small businesses, not-for-profit indigenous aquatic nuisance species Captain of the Port, Sector Lake organizations that are independently through the Chicago Sanitary and Ship Michigan, still finds it necessary to have owned and operated and are not Canal. the ability to take targeted and dominant in their fields, and Subsequently, the USACE put in expeditious actions in the affected governmental jurisdictions with place an electric barrier to prevent and waterways to protect vessels and populations of less than 50,000. reduce the dispersal of Asian carp in the persons from the ACRCC’s expected The Coast Guard certifies under 5 Chicago Sanitary and Ship Canal. actions. For this reason, the Captain of U.S.C. 605(b) that this rule will not have Specifically, a demonstration dispersal the Port, Sector Lake Michigan, is a significant economic impact on a barrier (Barrier I) was constructed and establishing a permanent safety zone substantial number of small entities. has been in operation since April 2002. along the same waterways covered in This rule will affect the following It is located approximately 30 miles the previously published TIR. Like the entities, some of which might be small from Lake Michigan and creates an safety zone established in the TIR, this entities: The owners and operators of electric field in the water by pulsing low safety zone will only be enforced when vessels intending to transit or anchor in voltage DC current through steel cables testing and countermeasure activity any enforced segment of the 77 mile

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safety zone. This rule will not have a Unfunded Mandates Reform Act to small entities by this rule. There have significant impact on a substantial The Unfunded Mandates Reform Act been no changes made to the rule as number of small entities because only of 1995 (2 U.S.C. 1531–1538) requires proposed. small segments of the safety zone will Federal agencies to assess the effects of Protection of Children be enforced at any one time. Also, their discretionary regulatory actions. In We have analyzed this rule under enforcement periods will be relatively particular, the Act addresses actions short. Furthermore, in certain instances Executive Order 13045, Protection of that may result in the expenditure by a Children from Environmental Health vessels may pass around an enforced State, local, or tribal government, in the segment of the zone. Finally, transit Risks and Safety Risks. This rule is not aggregate, or by the private sector of an economically significant rule and through an enforced segment of the zone $100,000,000 (adjusted for inflation) or may be permitted by the Captain of the does not create an environmental risk to more in any one year. Though this rule health or risk to safety that may Port, Sector Lake Michigan, or his or her would not result in such an on-scene representative when deemed disproportionately affect children. expenditure, we do discuss the effects of On April 27, 2011, the Coast Guard practical. this rule elsewhere in this preamble. On April 27, 2011, the Coast Guard published a Notice of Proposed Rule On April 27, 2011, the Coast Guard published a Notice of Proposed Rule Making (NPRM) entitled Safety Zones; published a Notice of Proposed Rule Making (NPRM) entitled Safety Zones; Brandon Road Lock and Dam to Lake Making (NPRM) entitled Safety Zones; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet- Chicago Sanitary and Ship Canal, Chicago River, and Calumet- Saganashkee Channel, Chicago, IL, in Chicago River, and Calumet- Saganashkee Channel, Chicago, IL, in the Federal Register (76 FR 23524). The Saganashkee Channel, Chicago, IL, in the Federal Register (76 FR 23524). The Coast Guard received zero public the Federal Register (76 FR 23524). The Coast Guard received zero public submissions commenting on the impact Coast Guard received zero public submissions commenting on the impact to small entities by this rule. There have submissions commenting on the impact to small entities by this rule. There have been no changes made to the rule as to small entities by this rule. There have been no changes made to the rule as proposed. been no changes made to the rule as proposed. proposed. Indian Tribal Governments Assistance for Small Entities Taking of Private Property This rule does not have tribal Under section 213(a) of the Small implications under Executive Order Business Regulatory Enforcement This rule will not cause a taking of 13175, Consultation and Coordination Fairness Act of 1996 (Pub. L. 104–121), private property or otherwise have with Indian Tribal Governments, we want to assist small entities in taking implications under Executive because it does not have a substantial understanding this rule so that they can Order 12630, Governmental Actions and direct effect on one or more Indian better evaluate its effects on them and Interference with Constitutionally tribes, on the relationship between the participate in the rulemaking process. Protected Property Rights. Federal Government and Indian tribes, On April 27, 2011, the Coast Guard or on the distribution of power and Collection of Information published a Notice of Proposed Rule responsibilities between the Federal This rule calls for no new collection Making (NPRM) entitled Safety Zones; Government and Indian tribes. of information under the Paperwork Brandon Road Lock and Dam to Lake On April 27, 2011, the Coast Guard Reduction Act of 1995 (44 U.S.C. 3501– Michigan including Des Plaines River, published a Notice of Proposed Rule 3520). Chicago Sanitary and Ship Canal, Making (NPRM) entitled Safety Zones; Chicago River, and Calumet- Brandon Road Lock and Dam to Lake Federalism Saganashkee Channel, Chicago, IL, in Michigan including Des Plaines River, A rule has implications for federalism the Federal Register (76 FR 23524). The Chicago Sanitary and Ship Canal, under Executive Order 13132, Coast Guard received zero public Chicago River, and Calumet- Federalism, if it has a substantial direct submissions commenting on the impact Saganashkee Channel, Chicago, IL, in effect on State or local governments and to small entities by this rule. There have the Federal Register (76 FR 23524). The would either preempt State law or been no changes made to the rule as Coast Guard received zero public impose a substantial direct cost of proposed. submissions commenting on the impact compliance on them. We have analyzed Civil Justice Reform to small entities by this rule. There have this rule under that Order and have been no changes made to the rule as determined that it does not have This rule meets applicable standards proposed. implications for federalism. in sections 3(a) and 3(b)(2) of Executive On April 27, 2011, the Coast Guard Order 12988, Civil Justice Reform, to Energy Effects published a Notice of Proposed Rule minimize litigation, eliminate We have analyzed this rule under Making (NPRM) entitled Safety Zones; ambiguity, and reduce burden. Executive Order 13211, Actions Brandon Road Lock and Dam to Lake On April 27, 2011, the Coast Guard Concerning Regulations That Michigan including Des Plaines River, published a Notice of Proposed Rule Significantly Affect Energy Supply, Chicago Sanitary and Ship Canal, Making (NPRM) entitled Safety Zones; Distribution, or Use. We have Chicago River, and Calumet- Brandon Road Lock and Dam to Lake determined that it is not a ‘‘significant Saganashkee Channel, Chicago, IL, in Michigan including Des Plaines River, energy action’’ under that order because the Federal Register (76 FR 23524). The Chicago Sanitary and Ship Canal, it is not a ‘‘significant regulatory action’’ Coast Guard received zero public Chicago River, and Calumet- under Executive Order 12866 and is not submissions commenting on the impact Saganashkee Channel, Chicago, IL, in likely to have a significant adverse effect to small entities by this rule. There have the Federal Register (76 FR 23524). The on the supply, distribution, or use of been no changes made to the rule as Coast Guard received zero public energy. The Administrator of the Office proposed. submissions commenting on the impact of Information and Regulatory Affairs

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has not designated it as a significant significant effect on the human and Ship Canal) and mile marker 325.6 energy action. Therefore, it does not environment. Therefore, this rule is (point at which the South Branch require a Statement of Energy Effects categorically excluded, under section Chicago River connects to the Chicago under Executive Order 13211. 2.B.2 Figure 2–1, paragraph (34)(g), of River (Main Branch) and North Branch On April 27, 2011, the Coast Guard the Instruction and neither an Chicago River). published a Notice of Proposed Rule environmental assessment nor an (4) Chicago River (Main Branch). All Making (NPRM) entitled Safety Zones; environmental impact statement is U.S. waters of the Chicago River (Main Brandon Road Lock and Dam to Lake required. This rule involves the Branch) between mile marker 325.6 Michigan including Des Plaines River, establishing of a safety zone. An (point at which the Chicago River Chicago Sanitary and Ship Canal, environmental analysis checklist and a connects to the South Branch Chicago Chicago River, and Calumet- categorical exclusion determination are River) and 100 yards extending past the Saganashkee Channel, Chicago, IL, in available in the docket where indicated end of the Chicago River covering the the Federal Register (76 FR 23524). The under ADDRESSES. The Coast Guard’s area of the Federal channel within Coast Guard received zero public responsibilities to assess environmental Chicago Harbor. submissions commenting on the impact impacts extend only to the creation of (5) North Branch Chicago River. All to small entities by this rule. There have the safety zone and do not include the U.S. waters of the North Branch Chicago been no changes made to the rule as application of piscicide or any other River between mile marker 325.6 (point proposed. countermeasures to combat invasive at which the North Branch Chicago species. River connects to the Chicago River Technical Standards (Main Branch) and the South Branch The National Technology Transfer List of Subjects in 33 CFR Part 165 Chicago River) and mile marker 331.4 and Advancement Act (NTTAA) (15 Harbors, Marine safety, Navigation (end of navigation channel). U.S.C. 272 note) directs agencies to use (water), Reporting and recordkeeping (6) Calumet-Saganashkee Channel. voluntary consensus standards in their requirements, Security measures, All U.S. waters of the Calumet- regulatory activities unless the agency Waterways. Saganashkee Channel between mile provides Congress, through the Office of marker 303.5 (point at which the For the reasons discussed in the Management and Budget, with an Calumet-Saganashkee Channel connects preamble, the Coast Guard amends 33 explanation of why using these to the Chicago Sanitary and Ship Canal) CFR part 165 as follows: standards would be inconsistent with and mile marker 333.0; all U.S. waters applicable law or otherwise impractical. PART 165—REGULATED NAVIGATION of the Calumet-Saganashkee Channel Voluntary consensus standards are AREAS AND LIMITED ACCESS AREAS between mile marker 333.0 and Lake technical standards (e.g., specifications Michigan (Calumet Harbor). of materials, performance, design, or ■ 1. The authority citation for part 165 (b) Effective Period. This rule is operation; test methods; sampling continues to read as follows: effective July 18, 2011. procedures; and related management (c) Enforcement. (1) The Captain of Authority: 33 U.S.C. 1231; 46 U.S.C. the Port, Sector Lake Michigan, may systems practices) that are developed or Chapter 701; 50 U.S.C. 191, 195; 33 CFR adopted by voluntary consensus 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. enforce this safety zone in whole, in standards bodies. 107–295, 116 Stat. 2064; Department of segments, or by any combination of This rule does not use technical Homeland Security Delegation No. 0170.1. segments. The Captain of the Port, Sector Lake Michigan, may suspend the standards. Therefore, we did not ■ 2. Add § 165.930 to read as follows: consider the use of voluntary consensus enforcement of any segment of this standards. § 165.930 Safety Zone, Brandon Road safety zone for which notice of On April 27, 2011, the Coast Guard Lock and Dam to Lake Michigan including enforcement had been given. published a Notice of Proposed Rule Des Plaines River, Chicago Sanitary and (2) The safety zone established by this Making (NPRM) entitled Safety Zones; Ship Canal, Chicago River, and Calumet- section will be enforced, pursuant to Brandon Road Lock and Dam to Lake Saganashkee Channel, Chicago, IL. paragraph (c)(1) of this section, only Michigan including Des Plaines River, (a) Location. The safety zone consists upon notice by the Captain of the Port, Chicago Sanitary and Ship Canal, of the following areas: Sector Lake Michigan. Suspension of Chicago River, and Calumet- (1) Des Plaines River. All U.S. waters any previously announced period of Saganashkee Channel, Chicago, IL, in of the Des Plaines River located between enforcement will also be provided by the Federal Register (76 FR 23524). The mile marker 286.0 (Brandon Road Lock the Captain of the Port, Sector Lake Coast Guard received zero public and Dam) and mile marker 290.0 (point Michigan. All notices of enforcement submissions commenting on the impact at which the Des Plaines River connects and notices of suspension of to small entities by this rule. There have with the Chicago Sanitary and Ship enforcement will clearly describe any been no changes made to the rule as Canal). segments of the safety zone affected by proposed. (2) Chicago Sanitary and Ship Canal. the notice. At a minimum, notices of All U.S. waters of the Chicago Sanitary enforcement and notices of suspension Environment and Ship Canal between mile marker of enforcement will identify any We have analyzed this rule under 290.0 (point at which the Chicago affected segments by reference to mile Department of Homeland Security Sanitary and Ship Canal connects to the markers. When possible, the Captain of Management Directive 023–01 and Des Plaines River) and mile marker the Port, Sector Lake Michigan, will also Commandant Instruction M16475.lD, 321.8 (point at which the Chicago identify enforced segments of this safety which guide the Coast Guard in Sanitary and Ship Canal Connects to the zone by referencing readily identifiable complying with the National South Branch Chicago River). geographical points. In addition to Environmental Policy Act of 1969 (3) South Branch Chicago River. All providing the geographical bounds of (NEPA) (42 U.S.C. 4321–4370f), and U.S. waters of the South Branch Chicago any enforced segment of this safety have concluded that this action is one River between mile marker 321.8 (point zone, notices of enforcement will also of the category of actions which do not at which the South Branch Chicago provide the date(s) and time(s) at which individually or cumulatively have River connects to the Chicago Sanitary enforcement will commence or suspend.

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(3) The Captain of the Port, Sector specified in paragraph (c) of this interest of the Government is entitled to Lake Michigan, will publish notices of section. reimbursement for certain enforcement and notices of suspension (5) All persons entering any enforced miscellaneous expenses. The purpose of of enforcement in accordance with 33 segment of the safety zone established the miscellaneous expense allowance CFR 165.7(a) and in a manner that in this section are advised that they do (MEA) is to defray various contingent provides as much notice to the public as so at their own risk. costs associated with discontinuing a possible. The primary method of Dated: June 3, 2011. residence at one location and notification will be through publication L. Barndt, establishing a residence at a new in the Federal Register. The Captain of location. The costs covered include Captain, U.S. Coast Guard Captain of the the Port, Sector Lake Michigan, will also Port, U.S. Coast Guard Sector Lake Michigan. items such as fees for disconnecting and provide notice through other means, connecting appliances, cutting and [FR Doc. 2011–14925 Filed 6–15–11; 8:45 am] such as Broadcast Notice to Mariners, fitting rugs, draperies, and curtains local Notice to Mariners, local news BILLING CODE 9110–04–P moved from one residence to another, media, distribution in leaflet form, and utility fees or deposits that are not offset on-scene oral notice. Additionally, the by eventual refunds, forfeiture of Captain of the Port, Sector Lake GENERAL SERVICES medical, dental, and other non- Michigan, may notify representatives ADMINISTRATION transferrable contracts, and the cost of from the maritime industry through automobile registration and driver’s 41 CFR Part 302–16 telephonic and email notifications. licenses. (d) Regulations. (1) In accordance [FTR Amendment 2011–02; FTR Case 2011– The FTR provides that a MEA may be with the general regulations in § 165.23 306; Docket Number 2011–0013, Sequence paid in one of two alternative amounts. of this part, entry into, transiting, 1] A transferring employee without an mooring, laying up, or anchoring within RIN 3090–AJ17 immediate family is automatically any enforced segment of the safety zone entitled to a lump-sum of one week’s is prohibited unless authorized by the Federal Travel Regulation (FTR); basic gross pay, up to $500, and an Captain of the Port, Sector Lake Miscellaneous Expense Allowance employee with an immediate family is Michigan, or his or her designated (MEA) entitled to a lump-sum of two weeks’ representative. basic gross pay, up to $1000. If (2) The ‘‘designated representative’’ of AGENCY: Office of Governmentwide additional amounts are justified, with the Captain of the Port, Sector Lake Policy, General Services Administration supporting documentation, MEA may be Michigan, is any Coast Guard (GSA). reimbursed up to a maximum of one or commissioned, warrant or petty officer ACTION: Final rule. two weeks basic pay depending on who has been designated by the Captain whether or not the employee has an SUMMARY: GSA is amending the Federal of the Port, Sector Lake Michigan, to act immediate family, not to exceed the Travel Regulation (FTR) by increasing on his or her behalf. The designated maximum rate payable for a position at the set lump-sum rate amount to be paid representative of the Captain of the Port, GS–13, Step 10, of the General Schedule for the miscellaneous expenses Sector Lake Michigan, will be aboard a provided in 5 U.S.C. 5332. Since the allowance (MEA), when the employee Coast Guard, Coast Guard Auxiliary, or establishment of MEA in 1966, the chooses not to provide documentation other designated vessel or will be on lump-sum has only been increased of miscellaneous expenses. shore and will communicate with twice. The last increase was on February vessels via VHF radio, loudhailer, or by DATES: Effective date: This final rule is 19, 2002. phone. The Captain of the Port, Sector effective on July 18, 2011. This final rule will revise section Lake Michigan, or his or her designated FOR FURTHER INFORMATION CONTACT: The 302–16.102 of the FTR by increasing the representative may be contacted via Regulatory Secretariat (MVCB), 1275 lump sums from $500 to $650 for VHF radio Channel 16 or the Coast First Street, NE., Washington, DC 20417, employees with no immediate family Guard Sector Lake Michigan Command (202) 501–4755, for information and from $1000 to $1300, for employees Center at 414–747–7182. pertaining to status or publication who have an immediate family. These (3) To obtain permission to enter or schedules. For clarification of content, figures are based upon an increase in operate within an enforced segment of contact Rick Miller, Office of the Consumer Price Index. the safety zone established by this Governmentwide Policy, Travel This final rule also makes one clerical section, Vessel operators must contact Management Policy, at (202) 501–3822 correction to section 302–16.104. the Captain of the Port, Sector Lake or e-mail at [email protected]. B. Executive Orders 12866 and 13563 Michigan, or his or her designated Please cite FTR Amendment 2011–02; representative. Vessel operators given FTR case 2011–306. Executive Orders 12866 and 13563 permission to operate in an enforced SUPPLEMENTARY INFORMATION: direct agencies to assess all costs and segment of the safety zone must comply benefits of available regulatory with all directions given to them by the A. Background alternatives and, if regulation is Captain of the Port, Sector Lake Pursuant to 5 U.S.C. 5738, the necessary, to select regulatory Michigan, or his or her designated Administrator of General Services is approaches that maximize net benefits representative. authorized to prescribe regulations (including potential economic, (4) When a segment of the safety zone necessary to implement laws regarding environmental, public health and safety is being enforced, it will be closed to all Federal employees when assigned a effects, distributive impacts, and vessel traffic, except as may be temporary change of station or when equity). Executive Order 13563 permitted by the Captain of the Port, otherwise officially relocated. The emphasizes the importance of Sector Lake Michigan, or his or her overall implementing authority is the quantifying both costs and benefits, of designated representative. As soon as Federal Travel Regulation (FTR) (41 reducing costs, of harmonizing rules, operations permit, the Captain of the CFR Chapters 300–304). and of promoting flexibility. This is not Port, Sector Lake Michigan, will issue a Pursuant to 5 U.S.C. 5724a(f), an a significant regulatory action and, notice of suspension of enforcement as employee who is transferred in the therefore, was not subject to review

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under Section 6(b) of Executive Order § 302–16.104 [Amended] publication. The Deputy Federal 12866, Regulatory Planning and Review, ■ 3. Amend § 302–16.104 by removing Insurance and Mitigation Administrator dated September 30, 1993. This rule is ‘‘§ 302–16.101’’ and adding ‘‘§ 302– has resolved any appeals resulting from not a major rule under 5 U.S.C. 804. 16.102’’ in its place. this notification. This final rule is issued in accordance C. Regulatory Flexibility Act [FR Doc. 2011–14890 Filed 6–15–11; 8:45 am] with section 110 of the Flood Disaster BILLING CODE 6820–14–P This final rule will not have Protection Act of 1973, 42 U.S.C. 4104, significant economic impact on a and 44 CFR part 67. FEMA has substantial number of small entities developed criteria for floodplain within the meaning of the Regulatory DEPARTMENT OF HOMELAND management in floodprone areas in Flexibility Act, 5 U.S.C. 601, et seq. This SECURITY accordance with 44 CFR part 60. final rule is also exempt from Interested lessees and owners of real Federal Emergency Management Regulatory Flexibility Act per 5 U.S.C. property are encouraged to review the Agency 553(a)(2), because it applies to agency proof Flood Insurance Study and FIRM management or personnel. However, available at the address cited below for 44 CFR Part 67 this final rule is being published to each community. provide transparency in the [Docket ID FEMA–2011–0002] The BFEs and modified BFEs are promulgation of Federal policies. made final in the communities listed Final Flood Elevation Determinations below. Elevations at selected locations D. Paperwork Reduction Act in each community are shown. AGENCY: Federal Emergency National Environmental Policy Act. The Paperwork Reduction Act does Management Agency, DHS. not apply because the changes to the This final rule is categorically excluded ACTION: FTR do not impose recordkeeping or Final rule. from the requirements of 44 CFR part 10, Environmental Consideration. An information collection requirements, or SUMMARY: Base (1% annual-chance) environmental impact assessment has the collection of information from Flood Elevations (BFEs) and modified not been prepared. offerors, contractors, or members of the BFEs are made final for the Regulatory Flexibility Act. As flood public that require the approval of the communities listed below. The BFEs elevation determinations are not within Office of Management and Budget under and modified BFEs are the basis for the the scope of the Regulatory Flexibility 44 U.S.C. 3501, et seq. floodplain management measures that Act, 5 U.S.C. 601–612, a regulatory each community is required either to E. Small Business Regulatory flexibility analysis is not required. adopt or to show evidence of being Enforcement Fairness Act Regulatory Classification. This final already in effect in order to qualify or rule is not a significant regulatory action This final rule is also exempt from remain qualified for participation in the under the criteria of section 3(f) of congressional review prescribed under 5 National Flood Insurance Program Executive Order 12866 of September 30, U.S.C. 801 since it relates solely to (NFIP). agency management and personnel. 1993, Regulatory Planning and Review, DATES: The date of issuance of the Flood 58 FR 51735. List of Subjects in 41 CFR Part 302–16 Insurance Rate Map (FIRM) showing Executive Order 13132, Federalism. BFEs and modified BFEs for each Government employees, Relocation, This final rule involves no policies that community. This date may be obtained Travel, and Transportation expenses. have federalism implications under by contacting the office where the maps Executive Order 13132. Dated: May 5, 2011. are available for inspection as indicated Executive Order 12988, Civil Justice Martha Johnson, in the table below. Reform. This final rule meets the Administrator of General Services. ADDRESSES: The final BFEs for each applicable standards of Executive Order For the reasons set forth in the community are available for inspection 12988. preamble, pursuant to 5 U.S.C. 5721– at the office of the Chief Executive List of Subjects in 44 CFR Part 67 5738, 41 CFR part 302–16 is amended Officer of each community. The to read as follows: respective addresses are listed in the Administrative practice and table below. procedure, Flood insurance, Reporting PART 302–16—ALLOWANCE FOR FOR FURTHER INFORMATION CONTACT: Luis and recordkeeping requirements. MISCELLANEOUS EXPENSES Rodriguez, Chief, Engineering Accordingly, 44 CFR part 67 is Management Branch, Federal Insurance amended as follows: ■ 1. The authority citation for 41 CFR and Mitigation Administration, Federal part 302–16 continues to read as Emergency Management Agency, 500 C PART 67—[AMENDED] follows: Street, SW., Washington, DC 20472, ■ 1. The authority citation for part 67 Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); (202) 646–4064, or (e-mail) continues to read as follows: E.O. 11609, 36 FR 13747; 3 CFR 1971–1975 [email protected]. Comp., p. 586. Authority: 42 U.S.C. 4001 et seq.; SUPPLEMENTARY INFORMATION: The Reorganization Plan No. 3 of 1978, 3 CFR, § 302–16.102 [Amended] Federal Emergency Management Agency 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, (FEMA) makes the final determinations 3 CFR, 1979 Comp., p. 376. ■ 2. Amend § 302–16.102 by— listed below for the modified BFEs for ■ a. Removing ‘‘$500’’ in paragraph (a) each community listed. These modified § 67.11 [Amended] and adding ‘‘$650’’ in its place. elevations have been published in ■ 2. The tables published under the ■ b. Removing ‘‘$1,000’’ in paragraph newspapers of local circulation and authority of § 67.11 are amended as (b) and adding ‘‘$1,300’’ in its place. ninety (90) days have elapsed since that follows:

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

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

Arkansas River ...... Approximately 1.0 mile downstream of State Highway 9 ... +295 Unincorporated Areas of Conway County. Approximately 1.0 mile upstream of Lock & Dam No. 9 .... +303 Caney Creek ...... Approximately 1,300 feet downstream of the confluence +306 Unincorporated Areas of with Park Creek. Conway County. Approximately 0.6 mile upstream of State Highway 9 ...... +325 Cherokee Creek ...... Just downstream of Union Pacific Railroad ...... +311 Unincorporated Areas of Conway County. Just downstream of Green Lane ...... +319 Point Remove Creek ...... At the confluence with the Arkansas River ...... +299 Unincorporated Areas of Conway County. Approximately 2.0 miles upstream of Old Cherokee Road +301

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Conway County Maps are available for inspection at 117 South Moose Street, Morrilton, AR 72110.

Washington County, Florida, and Incorporated Areas Docket No.: FEMA–B–1097

Alligator Creek ...... At the upstream side of County Road 166 ...... +76 Unincorporated Areas of Washington County. Approximately 3.2 miles upstream of County Road 166 .... +81 Bear Bay Creek ...... At the confluence with Pine Log Creek ...... +44 Unincorporated Areas of Washington County. Approximately 3.9 miles upstream of the confluence with +76 Pine Log Creek. Botheration Creek ...... At the confluence with Pine Log Creek ...... +32 Unincorporated Areas of Washington County. Approximately 200 feet downstream of the county bound- +90 ary. Brock Mill Branch ...... At the confluence with Jones Rice Mill Branch ...... +54 Unincorporated Areas of Washington County. Approximately 100 feet downstream of State Road 77 ...... +109 Flat Creek ...... At the confluence with Hard Labor Creek ...... +50 Unincorporated Areas of Washington County. Approximately 9.7 miles upstream of the confluence with +160 Hard Labor Creek. Hard Labor Creek ...... At State Road 277 ...... +43 Unincorporated Areas of Washington County. Approximately 15.6 miles upstream of the confluence with +114 Holmes Creek. Helms Branch ...... At the confluence with Alligator Creek ...... +78 City of Chipley, Unincor- porated Areas of Wash- ington County. Approximately 3.2 miles upstream of the confluence with +89 Alligator Creek. Johnson Branch ...... At Roche Avenue ...... +37 City of Vernon, Unincor- porated Areas of Wash- ington County. Approximately 3.8 miles upstream of the confluence with +101 Holmes Creek. Jones Rice Mill Branch ...... At the upstream side of State Road 277 ...... +54 Unincorporated Areas of Washington County. Approximately 5.9 miles upstream of the confluence with +146 Holmes Creek. Pine Log Creek ...... Approximately 1.9 miles upstream of the confluence with +21 Town of Ebro, Unincor- the East River. porated Areas of Wash- ington County. At the confluence with Bear Bay Creek ...... +44

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

Piney Branch ...... At State Road 77 ...... +40 Unincorporated Areas of Washington County. Approximately 6.6 miles upstream of the confluence with +193 Holmes Creek. Pippen Mill Creek ...... At Roche Avenue ...... +37 City of Vernon, Unincor- porated Areas of Wash- ington County. Approximately 5.4 miles upstream of the confluence with +95 Holmes Creek. Reedy Creek ...... At the confluence with Hard Labor Creek ...... +59 Town of Wausau, Unincor- porated Areas of Wash- ington County. Approximately 3.8 miles upstream of the confluence with +105 Hard Labor Creek. Unnamed Tributary 1 to Alli- Approximately 765 feet upstream of State Road 277 ...... +68 Unincorporated Areas of gator Creek. Washington County. Approximately 1.4 miles upstream of State Road 277 ...... +121 Unnamed Tributary 2 to Alli- Approximately 0.4 mile upstream of the confluence with +72 City of Chipley, Unincor- gator Creek. Alligator Creek. porated Areas of Wash- ington County. Approximately 2.2 miles upstream of the confluence with +111 Alligator Creek. Unnamed Tributary 3 to Alli- At the confluence with Alligator Creek ...... +76 City of Chipley, Unincor- gator Creek. porated Areas of Wash- ington County. Approximately 2 miles upstream of the confluence with Al- +102 ligator Creek. Unnamed Tributary to Helms Approximately 300 feet downstream of Brickyard Road .... +117 City of Chipley, Unincor- Branch. porated Areas of Wash- ington County. Approximately 0.6 mile upstream of Brickyard Road ...... +131 Unnamed Tributary to Holmes Approximately 0.4 mile upstream of the confluence with +36 City of Vernon, Unincor- Creek. Holmes Creek. porated Areas of Wash- ington County. Approximately 2.2 miles upstream of the confluence with +52 Holmes Creek. Unnamed Tributary to Holmes At the confluence with Unnamed Tributary to Holmes +42 City of Vernon, Unincor- Creek East Branch. Creek. porated Areas of Wash- ington County. Approximately 1.3 miles upstream of the confluence with +55 Unnamed Tributary to Holmes Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Chipley Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428. City of Vernon Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462. Town of Ebro Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437. Town of Wausau Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463. Unincorporated Areas of Washington County Maps are available for inspection at the Washington County Clerk’s Office, 1293 Jackson Avenue, Chipley, FL 32428.

Delaware County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1064

Muncie Creek ...... Just downstream of McCulloch Boulevard ...... +939 City of Muncie, Unincor- porated Areas of Delaware County. Just downstream of Norfolk Southern Railroad ...... +959

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

West Fork White River ...... Approximately 2,200 feet downstream of I–69 ...... +873 City of Muncie, Town of Daleville, Town of York- town, Unincorporated Areas of Delaware County. Approximately 17,780 feet upstream of County Road 700 +992

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Muncie Maps are available for inspection at City Hall, 300 North High Street, Muncie, IN 47334. Town of Daleville Maps are available for inspection at the Town Hall, 8019 Walnut Street, Daleville, IN 47334. Town of Yorktown Maps are available for inspection at the Town Hall, 9800 West Smith Street, Yorktown, IN 47396. Unincorporated Areas of Delaware County Maps are available for inspection at the Delaware County Building, 100 West Main Street, Muncie, IN 47305.

Allen County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1078

Barren River Lake ...... Entire shoreline of Barren River Lake from just upstream +590 Unincorporated Areas of of Barren River Dam to approximately 0.5 mile up- Allen County. stream of Brownsfield Road. Barren River Tributary 20 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.8 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Barren River Tributary 23 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.4 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Barren River Tributary 26 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 1,900 feet upstream of the confluence with Bar- Allen County. ren River Lake). ren River Lake. Barren River Tributary 28 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.4 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Barren River Tributary 29 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.4 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Bear Creek (backwater effects From the confluence with Rhoden Creek Lake to approxi- +590 Unincorporated Areas of from Barren River Lake). mately 0.7 mile upstream of the confluence with Allen County. Rhoden Creek. Hurricane Creek (backwater ef- From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of fects from Barren River Lake). mately 0.7 mile upstream of the confluence with Barren Allen County. River Lake. Hurricane Creek Tributary 3 From the confluence with Hurricane Creek to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 1,000 feet upstream of the confluence with Hur- Allen County. ren River Lake). ricane Creek. From the confluence with Barren River Lake to approxi- +590 mately 1,900 feet upstream of the confluence with Bar- ren River Lake. Hurricane Creek Tributary 4 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.4 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Manley Branch (backwater ef- From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of fects from Barren River Lake). mately 1 mile upstream of the confluence with Barren Allen County. River Lake. Manley Branch Tributary 3 From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of (backwater effects from Bar- mately 0.8 mile upstream of the confluence with Barren Allen County. ren River Lake). River Lake. Rhoden Creek (backwater ef- From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of fects from Barren River Lake). mately 1.4 miles upstream of the confluence with Bar- Allen County. ren River Lake.

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

Trace Creek (backwater effects From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of from Barren River Lake). mately 1 mile upstream of the confluence with Barren Allen County. River Lake. Walnut Creek (backwater ef- From the confluence with Barren River Lake to approxi- +590 Unincorporated Areas of fects from Barren River Lake). mately 1.1 miles upstream of the confluence with Bar- Allen County. ren River Lake. Walnut Creek Tributary 7 (back- From the confluence with Walnut Creek Lake to approxi- +590 Unincorporated Areas of water effects from Barren mately 1.1 miles upstream of the confluence with Wal- Allen County. River Lake). nut Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Allen County Maps are available for inspection at 201 West Main Street, Scottsville, KY 42164.

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

Balls Branch (backwater effects From the confluence with Clarks Run to approximately 0.7 +875 Unincorporated Areas of from Clarks Run). mile upstream of the confluence with Clarks Run. Boyle County. Clarks Run ...... Approximately 1.2 miles upstream of Goggin Road ...... +849 City of Danville, Unincor- porated Areas of Boyle County. Approximately 0.6 mile downstream of Alum Springs +965 Cross Pike. Dix River Tributary 2 (back- From the confluence with Herrington Lake to approxi- +760 Unincorporated Areas of water effects from Herrington mately 1,158 feet upstream of the confluence with Boyle County. Lake). Herrington Lake. Herrington Lake ...... Entire shoreline ...... +760 Unincorporated Areas of Boyle County. Spears Creek ...... Approximately 0.6 mile upstream of the confluence with +788 City of Danville, Unincor- Herrington Lake. porated Areas of Boyle County. Approximately 780 feet upstream of the North Danville +919 Bypass.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Danville Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422. Unincorporated Areas of Boyle County Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422.

St. James Parish, Louisiana, and Incorporated Areas Docket No.: FEMA–B–1091

Mississippi River ...... Approximately 0.9 mile downstream of State Highway +27 Town of Gramercy, Town of 3213. Lutcher, Unincorporated Areas of St. James Parish. Approximately 1.2 miles upstream of State Highway 3213 +28 Storage Areas from the Gulf Approximately 1,079 feet south of State Highway 643 ...... +1 Unincorporated Areas of St. (D2G model). James Parish. Approximately 60 feet south of the intersection of Sidney +14 Road and Missouri Pacific Railroad, along the east side of the rail line.

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

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

ADDRESSES Town of Gramercy Maps are available for inspection at 120 North Montz Avenue, Gramercy, LA 70052. Town of Lutcher Maps are available for inspection at 2500 Louisiana Avenue, Lutcher, LA 70071. Unincorporated Areas of St. James Parish Maps are available for inspection at 5800 Highway 44, Convent, LA 70723.

Worcester County, Massachusetts (All Jurisdictions) Docket Nos.: FEMA–B–1053 and FEMA–B–1139

Big Bummet River ...... Just downstream of State Highway 140 ...... +385 Town of Shrewsbury. At the Town of Grafton corporate limits ...... +385 Blackstone River ...... Approximately 1,750 feet downstream of Saint Paul Street +159 City of Worcester, Town of Blackstone, Town of Graf- ton, Town of Millbury, Town of Millville, Town of Northbridge, Town of Sut- ton, Town of Uxbridge. Approximately 250 feet downstream of Millbury Street ...... +444 Cold Spring Brook ...... At the confluence with the Blackstone River ...... +323 Town of Sutton. Approximately 150 feet downstream of State Highway +325 122A. Cronin Brook ...... At the confluence with the Blackstone River ...... +298 Town of Grafton. Approximately 1,100 feet downstream of Follette Street .... +302 Goodridge Brook ...... Approximately 150 feet upstream of State Highway 70 ..... +258 Town of Clinton. Approximately 250 feet downstream of Parker Road ...... +258 Leesville Pond ...... Entire shoreline ...... +486 City of Worcester. Middle River ...... Approximately 250 feet downstream of Millbury Street ...... +444 City of Worcester. Approximately 100 feet downstream of McKeon Road ...... +452 Mill River ...... Approximately 3,900 feet downstream of Colonial Drive .... +196 Town of Blackstone. Approximately 1,300 feet downstream of Colonial Drive .... +198 Mumford River ...... At the confluence with the Blackstone River ...... +225 Town of Uxbridge. Approximately 300 feet downstream of Mendon Street ..... +226 Quinsigamond River ...... At the confluence with the Blackstone River ...... +293 Town of Grafton. At Pleasant Street ...... +293 Ramshorn Pond ...... Entire shoreline ...... +632 Town of Sutton. Riverdale Milles Sluice Gates Approximately 600 feet upstream of the confluence with +256 Town of Northbridge. and Tail Race. the Blackstone River. Approximately 100 feet upstream of Riverdale Street ...... +259 Singletary Brook ...... At the confluence with the Blackstone River ...... +393 Town of Millbury. Approximately 300 feet downstream of Rhodes Street ...... +394 Singletary Pond ...... Entire shoreline ...... +559 Town of Sutton. Sudbury River ...... Approximately 1,200 feet downstream of Fruit Street ...... +264 Town of Westborough. Approximately 3,000 feet upstream of Fruit Street ...... +276 Summet Brook (backwater ef- Approximately 2,800 feet upstream of the confluence with +363 Town of Shrewsbury. fects from Big Bummet Big Bummet Brook, at the corporate limits. Brook). Approximately 0.6 mile upstream of the confluence with +363 Big Bummet Brook. Unnamed Tributary (backwater Approximately 1,100 feet upstream of the confluence with +331 Town of Millbury. effects from Cronin Brook). Cronin Brook, at the corporate limits. Approximately 2,200 feet upstream of the confluence with +331 Cronin Brook. West River ...... At the confluence with the Blackstone River ...... +224 Town of Uxbridge. Approximately 200 feet upstream of Henry Street ...... +225

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Worcester Maps are available for inspection at City Hall, 455 Main Street, Worcester, MA 01608. Town of Blackstone Maps are available for inspection at the Town Hall, 15 Saint Paul Street, Blackstone, MA 01504.

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

Town of Clinton Maps are available for inspection at the Town Hall, 242 Church Street, Clinton, MA 01510. Town of Grafton Maps are available for inspection at the Town Hall, 30 Providence Road, Grafton, MA 01519. Town of Millbury Maps are available for inspection at the Town Hall, 127 Elm Street, Millbury, MA 01527. Town of Millville Maps are available for inspection at the Town Hall, 8 Central Street, Millville, MA 01529. Town of Northbridge Maps are available for inspection at the Northbridge Town Hall, 7 Main Street, Whitinsville, MA 01588. Town of Shrewsbury Maps are available for inspection at the Town Hall, 100 Maple Avenue, Shrewsbury, MA 01545. Town of Sutton Maps are available for inspection at the Town Hall, 4 Uxbridge Road, Sutton, MA 01590. Town of Uxbridge Maps are available for inspection at the Town Hall, 21 South Main Street, Uxbridge, MA 01569. Town of Westborough Maps are available for inspection at the Town Hall, 34 West Main Street, Westborough, MA 01581.

Marshall County, Mississippi, and Incorporated Areas Docket No.: FEMA–B–1098

Byhalia Creek ...... Approximately 200 feet downstream of U.S. Route 178 .... +332 Town of Byhalia. Approximately 900 feet upstream of the railroad ...... +334

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Byhalia Maps are available for inspection at 161 Highway 309 South, Byhalia, MS 38611.

Howell County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1105

Burton Branch ...... Approximately 2,200 feet upstream of Davis Lane ...... +1022 City of West Plains, Unincor- porated Areas of Howell County. Approximately 3,700 feet upstream of Davis Lane ...... +1031 Drainage Ditch Number 1 ...... Approximately 315 feet upstream of the City of Willow +1255 Unincorporated Areas of Springs corporate limits. Howell County. Approximately 3,400 feet upstream of the City of Willow +1279 Springs corporate limits. Drainage Ditch Number 4 ...... Approximately 1,300 feet upstream of U.S. Route 60/63 ... +1197 City of Willow Springs, Unin- corporated Areas of How- ell County. Approximately 525 feet upstream of County Road 3280 ... +1225 Eleven Point River ...... Approximately 1,500 feet downstream of the City of Wil- +1183 City of Willow Springs, Unin- low Springs corporate limits. corporated Areas of How- ell County. Approximately 425 feet upstream of the City of Willow +1289 Springs corporate limits. Jam Up Creek ...... At County Road 3160 ...... +1098 Unincorporated Areas of Howell County. Approximately 100 feet upstream of County Road 3890 ... +1099 Mustion Creek ...... Approximately 330 feet downstream of the City of West +997 Unincorporated Areas of Plains corporate limits. Howell County. Approximately 160 feet downstream of the City of West +998 Plains corporate limits. South Fork Howell Creek ...... Just upstream of Katherine Street ...... +1025 Unincorporated Areas of Howell County. Approximately 400 feet upstream of Katherine Street ...... +1027

* National Geodetic Vertical Datum.

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

+ North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of West Plains Maps are available for inspection at 1910 Holiday Lane, West Plains, MO 65775. City of Willow Springs Maps are available for inspection at 900 West Main Street, Willow Springs, MO 65793. Unincorporated Areas of Howell County Maps are available for inspection at 101 Courthouse, West Plains, MO 65775.

Johnson County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1105

Clear Fork ...... Approximately 550 feet downstream of County Road 751 +701 City of Knob Noster, Unin- corporated Areas of John- son County. Approximately 1,750 feet upstream of U.S. Route 50 ...... +724 Hughes Branch ...... Approximately 550 feet downstream of County Road 75 ... +737 Unincorporated Areas of Johnson County. Approximately 100 feet upstream of State Highway 132 ... +745 Approximately 200 feet upstream of State Street ...... +769 Approximately 2,000 feet upstream of State Street ...... +778 Tributary 2 ...... Approximately 50 feet downstream of State Highway 132 +749 Unincorporated Areas of Johnson County. Approximately 300 feet upstream of State Highway 132 ... +750

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Knob Noster Maps are available for inspection at 218 North State Street, Knob Noster, MO 65336. Unincorporated Areas of Johnson County Maps are available for inspection at 122 Hout Street, Warrensburg, MO 64093.

Ste. Genevieve County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1126

Mississippi River ...... At the easternmost portion of the county near the con- +392 City of Ste. Genevieve, Unin- fluence with the Kaskaskia River. corporated Areas of Ste. Genevieve County. Approximately 2 miles upstream of the confluence with +404 Isle du Bois Creek. Old Mississippi River Channel .. Approximately 0.66 mile downstream of the confluence +391 City of St. Mary, Unincor- with Walnut Creek. porated Areas of Ste. Genevieve County. Approximately 2.75 miles upstream of the confluence with +392 Walnut Creek. St. Laurent Branch ...... At the confluence with St. Laurent Creek ...... +391 City of St. Mary, Unincor- porated Areas of Ste. Genevieve County. Just upstream of Mulberry Street ...... +391 St. Laurent Creek ...... At the confluence with the Old Mississippi River Channel +391 City of St. Mary, Unincor- porated Areas of Ste. Genevieve County. At the confluence with St. Laurent Branch ...... +391 Walnut Creek ...... At the confluence with the Old Mississippi River Channel +392 City of St. Mary. Approximately 1,940 feet upstream of the Old Mississippi +392 River Channel.

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

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

ADDRESSES City of Ste. Genevieve Maps are available for inspection at 165 South 4th Street, Ste. Genevieve, MO 63670. City of St. Mary Maps are available for inspection at 782 3rd Street, St. Mary, MO 63673. Unincorporated Areas of Ste. Genevieve County Maps are available for inspection at 165 South 4th Street, Ste. Genevieve, MO 63670.

Cameron County, Pennsylvania (All Jurisdictions) Docket No.: FEMA–B–1126

Bennett Branch Sinnemahoning Approximately 0.60 mile downstream of Sterling Run +809 Township of Gibson. Creek. Road. Approximately 0.55 mile downstream of Sterling Run +814 Road. Driftwood Branch Approximately 1,835 feet downstream of Castle Garden +905 Township of Gibson. Sinnemahoning Creek. Road. Approximately 980 feet downstream of Castle Garden +905 Road. Driftwood Branch Approximately 1.28 miles downstream of the confluence +1000 Township of Portage. Sinnemahoning Creek. with Sinnemahoning Portage Creek. Approximately 1.18 miles downstream of the confluence +1001 with Sinnemahoning Portage Creek. Sinnemahoning Creek ...... Approximately 980 feet downstream of Castle Garden +809 Township of Gibson. Road. Approximately 90 feet upstream of the confluence with +809 Boyer Run.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Township of Gibson Maps are available for inspection at the Gibson Township Municipal Building, 7657 Bridge Street, Driftwood, PA 15834. Township of Portage Maps are available for inspection at the Portage Township Municipal Building, 523 Sizer Run, Emporium, PA 15832.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND remain qualified for participation in the 97.022, ‘‘Flood Insurance.’’) SECURITY National Flood Insurance Program Dated: June 9, 2011. (NFIP). Federal Emergency Management Sandra K. Knight, Agency DATES: The date of issuance of the Flood Deputy Federal Insurance and Mitigation Insurance Rate Map (FIRM) showing Administrator, Mitigation, Department of 44 CFR Part 67 BFEs and modified BFEs for each Homeland Security, Federal Emergency community. This date may be obtained Management Agency. [Docket ID FEMA–2011–0002] by contacting the office where the maps [FR Doc. 2011–14896 Filed 6–15–11; 8:45 am] Final Flood Elevation Determinations are available for inspection as indicated BILLING CODE 9110–12–P in the table below. AGENCY: Federal Emergency ADDRESSES: The final BFEs for each Management Agency, DHS. community are available for inspection ACTION: Final rule. at the office of the Chief Executive Officer of each community. The SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified respective addresses are listed in the BFEs are made final for the table below. communities listed below. The BFEs FOR FURTHER INFORMATION CONTACT: Luis and modified BFEs are the basis for the Rodriguez, Chief, Engineering floodplain management measures that Management Branch, Federal Insurance each community is required either to and Mitigation Administration, Federal adopt or to show evidence of being Emergency Management Agency, 500 C already in effect in order to qualify or Street, SW., Washington, DC 20472,

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

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

City of Alexandria, Virginia Docket No.: FEMA–B–1089

Virginia ...... City of Alexandria ...... Backlick Run ...... Approximately 0.4 mile downstream of +80 South Van Dorn Street. Approximately 600 feet upstream of +95 South Van Dorn Street. Virginia ...... City of Alexandria...... Cameron Run...... Just upstream of the confluence with +12 Hooffs Run. Approximately 1,750 feet upstream of I– +25 495 (Capital Beltway). Virginia ...... City of Alexandria ...... Holmes Run ...... Approximately 450 feet downstream of I– +81 395. Just downstream of I–395 ...... +90 Virginia ...... City of Alexandria ...... Hooffs Run ...... At the confluence with Cameron Run ...... +12 Approximately 260 feet upstream of East +18 Linden Street. Virginia ...... City of Alexandria ...... Old Cameron Run Chan- At the confluence with Hooffs Run ...... +12 nel. Approximately 270 feet upstream of Mill +13 Road/Andrews Lane. Virginia ...... City of Alexandria ...... Strawberry Run ...... Just upstream of Eisenhower Avenue ...... +35 Approximately 650 feet upstream of Fort +138 Williams Parkway. Virginia ...... City of Alexandria ...... Taylor Run ...... Approximately 300 feet downstream of +25 Mill Road. Approximately 0.7 mile upstream of +148 Janneys Lane. Virginia ...... City of Alexandria ...... Timber Branch ...... Just upstream of Timber Branch Parkway +70 Approximately 350 feet upstream of West +134 Braddock Road. Virginia ...... City of Alexandria ...... Tributary 1 to Cameron Approximately 200 feet upstream of the +46 Run. confluence with Cameron Run. Approximately 0.5 mile upstream of the +66 confluence with Cameron Run. Virginia ...... City of Alexandria ...... Tributary 1 to Taylor Run At the confluence with Taylor Run ...... +25

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

Approximately 1,000 feet upstream of the +29 confluence with Taylor Run. Virginia ...... City of Alexandria ...... Tributary 2 to Taylor Run At the confluence with Taylor Run ...... +82 Just downstream of Key Drive ...... +164

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Alexandria Maps are available for inspection at 301 King Street, Alexandria, VA 22314.

Town of Ennis, Montana Docket No.: FEMA–B–1083

Montana ...... Town of Ennis ...... Moores Creek ...... Approximately 5,450 feet downstream of +4915 1st Street. Approximately 650 feet upstream of +5030 Moores Creek Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Ennis Maps are available for inspection at 328 West Main Street, Ennis, MT 59729.

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

Pima County, Arizona, and Incorporated Areas Docket No.: FEMA–B–1069

Ponding Areas (AH Zones) ... Extensive ponding areas north of I–10 Frontage Road +1947 Town of Marana, Unincor- (northern wash lowest elevation) (FIRM panels affected: porated Areas of Pima 0420 and 1010). County. Extensive ponding areas north of I–10 Frontage Road +1952 (northern wash highest elevation) (FIRM panels affected: 0420 and 1010). Extensive ponding areas north of I–10 Frontage Road +1948 (southern wash lowest elevation) (FIRM panels affected: 1010, 1030, 1035, 1045, 1065, and 1655). Extensive ponding areas north of I–10 Frontage Road +2184 (southern wash highest elevation) (FIRM panels affected: 1010, 1030, 1035, 1045, 1065, and 1655). Sheet Flow Areas (AO Extensive sheet flow areas in the vicinity of Central Arizona #1 Town of Marana, Unincor- Zones). Project Canal (lowest depth) (FIRM panels affected: porated Areas of Pima 0420, 0440, 0445, 1010, 1030, 1035, 1045, 1055, 1060, County. 1065, 1070, and 1655). Extensive sheet flow areas in the vicinity of Central Arizona #4 Project Canal (highest depth) (FIRM panels affected: 0420, 0440, 0445, 1010, 1030, 1035, 1045, 1055, 1060, 1065, 1070, and 1655).

* National Geodetic Vertical Datum. + North American Vertical Datum.

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

# Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Marana Maps are available for inspection at the Engineering Department, 11555 West Civic Center Drive, Marana, AZ 85653. Unincorporated Areas of Pima County Maps are available for inspection at the Pima County Flood Control District Offices, 97 East Congress Street, 3rd Floor, Tucson, AZ 85701.

Christian County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1105

Sangamon River ...... Approximately 1,350 feet downstream of 1725 East Road +574 Unincorporated Areas of extended. Christian County. Approximately 200 feet upstream of Meridan Road ex- +587 tended.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Christian County Maps are available for inspection at the Christian County Courthouse, 101 South Main Street, Taylorville, IL 62568.

Macon County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1126

Friends Creek ...... Approximately 130 feet upstream of IL–48 ...... +645 Village of Argenta. Approximately 1,440 feet upstream of IL–48 ...... +646 Long Creek ...... At Baltimore Avenue ...... +619 City of Decatur. At IL–121 ...... +627 Long Creek Tributary ...... At the confluence with Long Creek ...... +619 City of Decatur. Approximately 600 feet upstream of Lost Bridge Road ...... +620 Sand Creek ...... At South Shores Drive (County Highway 31) ...... +619 Unincorporated Areas of Macon County. Approximately 20 feet upstream of the railroad ...... +619 Sangamon River ...... Approximately 1.1 miles downstream of the confluence with +602 City of Decatur, Unincor- Stevens Creek. porated Areas of Macon County. Approximately 1,400 feet upstream of Nesbit Bridge ...... +625 South Spring Creek ...... At the confluence with the Sangamon River ...... +608 City of Decatur. Approximately 1,100 feet downstream of Heritage Road ..... +649 Spring Creek ...... Approximately 200 feet upstream of the confluence with +620 Unincorporated Areas of Stevens Creek. Macon County. Approximately 0.6 mile upstream of Spring Creek Tributary +659 Spring Creek Tributary ...... At the confluence with Spring Creek ...... +657 Unincorporated Areas of Macon County. At the downstream side of Mound Road ...... +659 Stevens Creek ...... Approximately 400 feet upstream of the confluence with the +603 Unincorporated Areas of Sangamon River. Macon County, Village of Forsyth. Approximately 150 feet upstream of I–72 ...... +645 Stevens Creek Tributary A .... At the confluence with Stevens Creek ...... +619 Unincorporated Areas of Macon County. Approximately 1,230 feet upstream of Trump Hill Lane ...... +619 Stevens Creek Tributary B .... At the confluence with Stevens Creek ...... +629 Unincorporated Areas of Macon County. Approximately 985 feet upstream of the confluence with +630 Stevens Creek.

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

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

Maps are available for inspection at City Hall, 1 Gary K. Anderson Plaza, Decatur, IL 62523. Unincorporated Areas of Macon County Maps are available for inspection at the Macon County Courthouse, 141 South Main Street, Decatur, IL 62523. Village of Argenta Maps are available for inspection at the Village Hall, 330 North Warren, Argenta, IL 62501. Village of Forsyth Maps are available for inspection at the Village Hall, 301 South Route 51, Forsyth, IL 62535.

Piatt County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1105

North East Tributary ...... Approximately 200 feet downstream of State Street ...... +652 City of Monticello, Unincor- porated Areas of Piatt County. At the downstream side of State Street ...... +656 North Unnamed Creek ...... Approximately 1,000 feet downstream of Front Street ...... +646 City of Monticello, Unincor- porated Areas of Piatt County. Approximately 940 feet upstream of Market Street ...... +650 Sangamon River ...... Approximately 2.52 miles downstream of the abandoned +644 City of Monticello, Unincor- railroad bridge in the City of Monticello. porated Areas of Piatt County. At the downstream side of the railroad ...... +649 Unnamed Tributary to San- At the confluence with the Sangamon River ...... +645 City of Monticello, Unincor- gamon River. porated Areas of Piatt County. Approximately 610 feet upstream of County Farm Road ..... +645

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Monticello Maps are available for inspection at City Hall, 210 North Hamilton Street, Monticello, IL 61856. Unincorporated Areas of Piatt County Maps are available for inspection at the Piatt County Courthouse, 101 West Washington Street, Monticello, IL 61856.

Henry County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1100

Aaron Branch (backwater ef- From the confluence with Pot Ripple Creek to approxi- +488 Unincorporated Areas of fects from Kentucky River). mately 0.5 mile upstream of the confluence with Pot Rip- Henry County. ple Creek. Boiling Branch (backwater ef- From the confluence with Sulphur Creek to approximately +481 Unincorporated Areas of fects from Kentucky River). 0.5 mile upstream of the confluence with Sulphur Creek. Henry County. Cane Run (backwater effects From the confluence with the Kentucky River to approxi- +476 Unincorporated Areas of from Kentucky River). mately 0.5 mile upstream of Ford Lane. Henry County. Drennon Creek (backwater From the confluence with the Kentucky River to approxi- +480 Unincorporated Areas of effects from Kentucky mately 0.8 mile upstream of the confluence with Drennon Henry County. River). Creek Tributary 9. Drennon Creek Tributary 49 From the confluence with Drennon Creek to approximately +480 Unincorporated Areas of (backwater effects from 680 feet upstream of the confluence with Drennon Creek. Henry County. Kentucky River). Emily Run (backwater effects From the confluence with Drennon Creek to approximately +480 Unincorporated Areas of from Kentucky River). 708 feet upstream of Drennon Road. Henry County. Greens Fork (backwater ef- From the confluence with Sulphur Creek to approximately +481 Unincorporated Areas of fects from Kentucky River). 1,360 feet upstream of the confluence with Sulphur Henry County. Creek. Gullion Creek Tributary 1 From the confluence with Gullion Run to approximately 470 +474 Unincorporated Areas of (backwater effects from feet upstream of Gullion Branch Road. Henry County. Kentucky River). Gullion Run (backwater ef- From the confluence with the Kentucky River to approxi- +474 Unincorporated Areas of fects from Kentucky River). mately 885 feet upstream of the confluence with Gullion Henry County. Creek Tributary 1.

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

Hances Branch (backwater From the confluence with Sixmile Creek to approximately +487 Unincorporated Areas of effects from Kentucky 1,335 feet upstream of Six Mile Creek Road. Henry County. River). Joes Branch (backwater ef- From the confluence with Sixmile Creek to approximately +487 Unincorporated Areas of fects from Kentucky River). 785 feet upstream of Six Mile Creek Road. Henry County. Kentucky River ...... Approximately 0.9 mile downstream of the confluence with +473 Unincorporated Areas of Gullion Run. Henry County. Approximately 5.0 miles upstream of the confluence with +498 Stevens Creek West. Longs Branch (backwater ef- From the confluence with Sixmile Creek to approximately +487 Unincorporated Areas of fects from Kentucky River). 1,280 feet upstream of the confluence with Sixmile Creek. Henry County. Martini Run (backwater ef- From the confluence with Drennon Creek to approximately +480 Unincorporated Areas of fects from Kentucky River). 1,490 feet upstream of Drennon Road. Henry County. Pot Ripple Creek (backwater From the confluence with the Kentucky River to approxi- +488 Unincorporated Areas of effects from Kentucky mately 0.8 mile upstream of the confluence with Aaron Henry County. River). Branch. Sixmile Creek (backwater ef- From the confluence with the Kentucky River to approxi- +487 Unincorporated Areas of fects from Kentucky River). mately 1,410 feet upstream of the confluence with Longs Henry County. Branch. Stevens Creek West (back- From the confluence with the Kentucky River to approxi- +494 Unincorporated Areas of water effects from Ken- mately 1.1 miles upstream of the confluence with the Henry County. tucky River). Kentucky River. Sulphur Creek (backwater ef- From the confluence with Drennon Creek to approximately +481 Unincorporated Areas of fects from Kentucky River). 1,200 feet upstream of the confluence with Greens Fork. Henry County.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Henry County Maps are available for inspection at the Henry County Courthouse, 19 South Property Road, New Castle, KY 40050.

Lawrence County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1089

Big Branch (backwater effects From the confluence with Brushy Creek to approximately +644 Unincorporated Areas of from Yatesville Lake). 1.6 miles upstream of the confluence with Brushy Creek. Lawrence County. Blaine Creek ...... Just downstream of the confluence with Hood Creek ...... +650 City of Blaine. Approximately 0.5 mile upstream of the confluence with +652 Hood Creek. Blaine Creek (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 2.0 miles upstream of the confluence with Yatesville Lawrence County. Lake. Borders Branch (backwater From the confluence with Levisa Fork to approximately 0.4 +598 Unincorporated Areas of effects from Levisa Fork). mile upstream of the confluence with Levisa Fork. Lawrence County. Brushy Creek (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 1.6 miles upstream of the confluence with Yatesville Lawrence County. Lake. Daniels Creek (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 0.5 mile upstream of the confluence with Yatesville Lake. Lawrence County. Greenbrier Creek (backwater From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of effects from Yatesville 0.6 mile upstream of the confluence with Yatesville Lake. Lawrence County. Lake). Harriet Branch (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 0.5 mile upstream of the confluence with Yatesville Lake. Lawrence County. Hood Creek (backwater ef- From the confluence with Blaine Creek to approximately +650 City of Blaine. fects from Blaine Creek). 1,700 feet upstream of the confluence with Blaine Creek. Irish Creek (backwater effects From the confluence with Blaine Creek to approximately +644 Unincorporated Areas of from Yatesville Lake). 2.0 miles upstream of the confluence with Blaine Creek. Lawrence County. Left Fork Little Blaine Creek From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of (backwater effects from 0.9 mile upstream of the confluence with Yatesville Lake. Lawrence County. Yatesville Lake). Levisa Fork ...... At the confluence with Lick Creek East ...... +575 City of Louisa. Approximately 1.5 miles downstream of KY–644 ...... +575

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

Lick Creek East (backwater From the confluence with Levisa Fork to Locust Street ...... +567 City of Louisa. effects from Levisa Fork). Newcomb Creek (backwater From approximately 350 feet upstream of KY–707 to ap- +567 Unincorporated Areas of effects from Blaine Creek). proximately 0.5 mile upstream of KY–707. Lawrence County. Pleas Creek (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 0.3 mile upstream of the confluence with Yatesville Lake. Lawrence County. Rich Creek (backwater ef- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of fects from Yatesville Lake). 0.9 mile upstream of the confluence with Yatesville Lake. Lawrence County. Right Fork Irish Creek (back- From the confluence with Irish Creek to approximately +644 Unincorporated Areas of water effects from 1,100 feet upstream of the confluence with Irish Creek. Lawrence County. Yatesville Lake). Right Fork Little Blaine Creek From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of (backwater effects from 1.1 miles upstream of the confluence with Yatesville Lawrence County. Yatesville Lake). Lake. Rockcastle Creek (backwater From just upstream of the confluence with Tug Fork to ap- +598 Unincorporated Areas of effects from Tug Fork). proximately 2.2 miles upstream of the confluence with Lawrence County. Tug Fork. Two Mile Creek (backwater From CSX Railroad to approximately 600 feet upstream of +572 City of Louisa. effects from Big Sandy CSX Railroad. River). Upper Twin Branch (back- From the confluence with Yatesville Lake to approximately +644 Unincorporated Areas of water effects from 0.3 mile upstream of the confluence with Yatesville Lake. Lawrence County. Yatesville Lake). Yatesville Lake ...... Entire shoreline ...... +644 Unincorporated Areas of Lawrence County.

* National Geodetic Vertical Datum + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Blaine Maps are available for inspection at 591 KY–201 South, Blaine, KY 41124. City of Louisa Maps are available for inspection at 215 North Main Cross Street, Louisa, KY 41230. Unincorporated Areas of Lawrence County Maps are available for inspection at 122 Ricky Skaggs Boulevard, Louisa, KY 41230.

Kennebec County, Maine (All Jurisdictions) Docket Nos.: FEMA–B–1047 and FEMA–B–1120

Berry Pond ...... Entire shoreline north of Dexter Pond Road ...... +246 Town of Winthrop. China Lake ...... Entire shoreline within community ...... +199 Town of Albion, Town of Vassalboro. Echo Lake ...... Entire shoreline within community ...... +317 Town of Fayette. Kennebec River ...... Approximately 3.5 miles upstream of I–95 ...... +44 Town of Vassalboro. Approximately 2.6 miles downstream of Carter Memorial +55 Drive. Kezar Brook ...... At the mouth of Cobboseecontee Lake ...... +169 Town of Winthrop. Just downstream of South Road ...... +169 Little Pond ...... Entire shoreline within community ...... +256 Town of Rome. Long Pond ...... Entire shoreline within community ...... +187 Town of Windsor. Lovejoy Pond ...... Entire shoreline within community ...... +304 Town of Fayette. Messalonskee Stream ...... At the County Road Bridge ...... +105 Town of Oakland. At the City of Waterville/Somerset County boundary ...... +105 North Pond ...... Entire shoreline within community ...... +256 Town of Rome. Sebasticook River ...... Approximately 2,500 feet downstream of the Town of Clif- +129 Township of Unity. ton/Waldo County boundary. At the Town of Clifton/Waldo County boundary ...... +132 Threecornered Pond ...... Entire shoreline north of Weeks Mills Road ...... +196 Town of Windsor. Threemile Pond ...... Entire shoreline north of Weeks Mills Road ...... +185 Town of Windsor.

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

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

ADDRESSES Town of Albion Maps are available for inspection at the Town Office, 22 Main Street, Albion, ME 04910. Town of Fayette Maps are available for inspection at the Town Hall, 2589 Main Street, Fayette, ME 04349. Town of Oakland Maps are available for inspection at the Town Hall, 6 Cascade Mill Road, Oakland, ME 04963. Town of Rome Maps are available for inspection at the Town Hall, 8 Mercer Road, Rome, ME 04963. Town of Vassalboro Maps are available for inspection at the Vassalboro Town Hall, 682 Main Street, North Vassalboro, ME 04989. Town of Windsor Maps are available for inspection at the Town Hall, 523 Ridge Road, Windsor, ME 04363. Town of Winthrop Maps are available for inspection at the Town Office, 17 Highland Avenue, Winthrop, ME 04364. Township of Unity Maps are available for inspection at the Kennebec County Office, 125 State Street, Augusta, ME 04330.

Adams County, Mississippi, and Incorporated Areas Docket No.: FEMA–B–1089

Mississippi River ...... Approximately 1.9 miles downstream of John R. Junkin +76 Unincorporated Areas of Drive. Adams County. Approximately 1.3 miles downstream of John R. Junkin +76 Drive.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Adams County Maps are available for inspection at 115 South Wall Street, Natchez, MS 39210.

Stone County, Mississippi, and Incorporated Areas Docket No.: FEMA–B–1108

Church House Branch ...... Approximately 0.5 mile downstream of East 5th Avenue ..... +211 City of Wiggins. Approximately 385 feet upstream of East Borders Avenue .. +245 Flint Creek ...... Approximately 574 feet downstream of Clubhouse Drive ..... +171 City of Wiggins, Unincor- porated Areas of Stone County. Approximately 1,290 feet upstream of State Highway 29 .... +187 Flint Creek Tributary 2 ...... At the confluence with Flint Creek ...... +174 City of Wiggins. Approximately 350 feet upstream of Annis Lane ...... +254 Four Mile Creek ...... Approximately 1 mile downstream of South Azalea Drive .... +168 City of Wiggins, Unincor- porated Areas of Stone County. Approximately 345 feet upstream of West Miles Avenue ..... +261 Four Mile Creek Tributary 1 .. At the confluence with Four Mile Creek ...... +214 City of Wiggins. Approximately 1,845 feet upstream of West Bond Avenue .. +261 Red Creek Tributary ...... Approximately 0.5 mile downstream of Mill Avenue ...... +166 City of Wiggins, Unincor- porated Areas of Stone County. Approximately 1,345 feet upstream of State Highway 29 .... +220

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Wiggins Maps are available for inspection at City Hall, 117 North 1st Street, Wiggins, MS 39577.

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

Unincorporated Areas of Stone County Maps are available for inspection at the Stone County Courthouse, 323 East Cavers Street, Wiggins, MS 39577.

Camden County, Missouri, and Incorporated Areas Docket Nos: FEMA–B–1031 and FEMA–B–1089

Grand Glaize River ...... At U.S. Route 54 ...... +664 City of Osage Beach, Unin- corporated Areas of Cam- den County. Approximately 10.5 miles upstream of U.S. Route 54 ...... +665 Linn Creek ...... At the the Osage River confluence ...... +664 City of Linn Creek, Unincor- porated Areas of Camden County. At the Linn Creek North Fork confluence ...... +674 Linn Creek North Fork ...... At the Linn Creek confluence ...... +674 City of Linn Creek, Unincor- porated Areas of Camden County. Approximately 0.9 mile upstream of the Linn Creek con- +693 fluence. Linn Creek South Fork ...... At Locust Street ...... +695 City of Linn Creek, Unincor- porated Areas of Camden County. At U.S. Route 54 ...... +710 Little Niangua River ...... At the Niangua River confluence ...... +664 Unincorporated Areas of Camden County. At State Route J ...... +673 Niangua River ...... At State Route 5 ...... +664 City of Camdenton, Unincor- porated Areas of Camden County. At the Tunnel Dam ...... +732 Osage River ...... At State Route MM ...... +664 City of Osage Beach, City of Sunrise Beach, Unincor- porated Areas of Camden County, Village of Four Seasons. Approximately 36 miles upstream of State Route 5 ...... +666

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Camdenton Maps are available for inspection at City Hall, 437 West U.S. Route 54, Camdenton, MO 65020. City of Linn Creek Maps are available for inspection at City Hall, 102 East Valley Drive, Linn Creek, MO 65052. City of Osage Beach Maps are available for inspection at City Hall, 1000 City Parkway, Osage Beach, MO 65065. City of Sunrise Beach Maps are available for inspection at the Camden County Courthouse, 1 Court Circle, Camdenton, MO 65020. Unincorporated Areas of Camden County Maps are available for inspection at the Camden County Courthouse, 1 Court Circle, Camdenton, MO 65020. Village of Four Seasons Maps are available for inspection at the Village Hall, 133 Cherokee Road, Four Seasons, MO 65049.

St. Francois County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1093

Flat River ...... Approximately 375 feet downstream of the confluence with +683 City of Desloge, City of Park Walker Branch. Hills, Unincorporated Areas of St. Francois County. At St. Joe Drive ...... +701 Approximately 875 feet downstream of East Elvins Boule- +750 vard. Approximately 3,000 feet upstream of State Highway 32 .... +784

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

Kennedy Branch ...... Approximately 425 feet downstream of County Highway F .. +837 City of Farmington, Unincor- porated Areas of St. Fran- cois County. Approximately 1,400 feet upstream of Middle Street ...... +893 Koen Creek ...... Approximately 100 feet upstream of the City of Park Hills +695 City of Desloge, City of Park and City of Desloge corporate limits. Hills, Unincorporated Areas of St. Francois County. Approximately 2,350 feet upstream of Hurryville Road ...... +846 Koen Creek Tributary ...... Approximately 325 feet upstream of the confluence with +718 City of Park Hills, Unincor- Keon Creek. porated Areas of St. Fran- cois County. Approximately 100 feet upstream of 5th Street ...... +792 Shaw Creek ...... Approximately 700 feet upstream of the confluence with +732 City of Park Hills, Unincor- Flat Creek. porated Areas of St. Fran- cois County. Approximately 2,000 feet upstream of the City of Park Hills +767 corporate limits. St. Francois River ...... Approximately 2,000 feet downstream of U.S. Route 67 ..... +844 City of Farmington, Unincor- porated Areas of St. Fran- cois County. Approximately 50 feet upstream of County Highway W ...... +859 St. Francois Tributary ...... Approximately 750 feet upstream of the confluence with the +846 City of Farmington, Unincor- St. Francois River. porated Areas of St. Fran- cois County. Approximately 75 feet upstream of County Highway W ...... +881 Approximately 925 feet downstream of Liberty Street ...... +896 Approximately 1,200 feet upstream of Liberty Street ...... +910 Walker Branch ...... Approximately 600 feet upstream of the confluence with the +685 Unincorporated Areas of St. Flat River. Francois County. Approximately 7,000 feet upstream of Halter Road ...... +783

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Desloge Maps are available for inspection at 300 North Lincoln Street, Desloge, MO 63601. City of Farmington Maps are available for inspection at 110 West Columbia Street, Farmington, MO 63640. City of Park Hills Maps are available for inspection at 9 Bennet Street, Park Hills, MO 63601. Unincorporated Areas of St. Francois County Maps are available for inspection at 1 West Liberty Street, Farmington, MO 63640.

Wayne County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1093

Clearwater Lake ...... Entire shoreline within community ...... +572 Unincorporated Areas of Wayne County. Lake Wappapello ...... Entire shoreline within community ...... +403 Unincorporated Areas of Wayne County.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Wayne County Maps are available for inspection at 109 Walnut Street, Greenville, MO 63944.

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

Lancaster County, South Carolina, and Incorporated Areas Docket No.: FEMA–B–1126

Cane Creek ...... Approximately 0.7 mile downstream of Grace Avenue ...... +430 Unincorporated Areas of Lan- caster County. Approximately 1.0 mile downstream of Old Lansford Road +433 Catawba River ...... Approximately 2.3 miles upstream of the confluence with +465 Unincorporated Areas of Lan- Waxahaw Creek. caster County. Approximately 0.5 mile downstream of the confluence with +481 Catawba River Tributary 1. Approximately 0.6 mile upstream of the confluence with +484 Catawba River Tributary 11. Approximately 1 mile upstream of the confluence with Ca- +486 tawba River Tributary 11. Sugar Creek ...... At the confluence with the Catawba River ...... +486 Unincorporated Areas of Lan- caster County. Approximately 1.2 miles upstream of the confluence with +537 McAlpine Creek. Wateree Lake (Catawba At the Fairfield/Kershaw County boundary ...... +240 Unincorporated Areas of Lan- River). caster County. Approximately 3.3 miles upstream of the Fairfield/Kershaw +244 County boundary.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Lancaster County Maps are available for inspection at the Building and Zoning Department, 101 North Main Street, Lancaster, SC 29720.

Marlboro County, South Carolina, and Incorporated Areas Docket No.: FEMA–B–1108

Great Pee Dee River ...... Approximately 2.8 miles downstream of U.S. Route 1 ...... +93 Unincorporated Areas of Marlboro County. Approximately 1.1 miles upstream of the confluence with +110 Marks Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Marlboro County Maps are available for inspection at the Marlboro County Courthouse, 105 Main Street, Bennettsville, SC 29512.

Dinwiddie County, Virginia, and Incorporated Areas Docket No.: FEMA–B–1104

Appomattox River ...... Approximately 1.65 miles downstream of Ferndale Road +55 Unincorporated Areas of (State Route 600). Dinwiddie County. Approximately 1.28 miles upstream of Vepco Dam ...... +131

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Dinwiddie County Maps are available for inspection at the Dinwiddie County Government Center, Planning Department, 14016 Boydton Plank Road, Dinwiddie, VA 23841.

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(Catalog of Federal Domestic Assistance No. the Control Room Management/Human published by PHMSA on December 3, 97.022, ‘‘Flood Insurance.’’) Factors regulations in order to realize 2009, in 49 CFR 192.631 and 195.446 Dated: May 11, 2011. the safety benefits sooner than (74 FR 63310), as corrected February 3, Sandra K. Knight, established in the original rule. The 2010 (75 FR 5536). By this amendment Deputy Federal Insurance and Mitigation deadline for pipeline operators to to the Control Room Management/ Administrator, Mitigation, Department of implement the procedures for roles and Human Factors (CRM) rule, an operator Homeland Security, Federal Emergency responsibilities, shift change, change must implement the procedures Management Agency. management, and operating experience, required by the rule according to the [FR Doc. 2011–14897 Filed 6–15–11; 8:45 am] fatigue mitigation education and following schedule. The procedures BILLING CODE 9110–12–P training is now October 1, 2011, 16 required by Paragraphs (b) (roles and months sooner than the original responsibilities), (c)(5) (shift change), regulation. The deadline for pipeline (d)(2)–(3) (fatigue mitigation education DEPARTMENT OF TRANSPORTATION operators to implement the other and training), (f) (change management), procedures for adequate information, and (g) (operating experience) of the Pipeline and Hazardous Materials shift lengths, maximum hours-of- rule must now be implemented no later Safety Administration service, and alarm management is now than October 1, 2011. The procedures August 1, 2012, six months sooner than required by Paragraphs (c)(1)–(4) 49 CFR Parts 192 and 195 the original regulation. In general, (adequate information), (d)(1) (shift training procedures must also be lengths), (d)(4) (maximum hours-of- [Docket ID PHMSA–2007–27954; Amdt. Nos. implemented by August 1, 2012, with 192–117; 195–97] service), and (e) (alarm management) certain exceptions. must now be implemented no later than RIN 2137–AE64 DATES: This rule is effective August 15, August 1, 2012. The training procedures 2011. required by the remaining Paragraph (h) Pipeline Safety: Control Room FOR FURTHER INFORMATION CONTACT: For must now be implemented no later than Management/Human Factors further information contact Byron Coy August 1, 2012, except that any training AGENCY: Pipeline and Hazardous at 609–989–2180 or by e-mail at required as a condition of compliance Materials Safety Administration [email protected]. with another paragraph of the rule must (PHMSA); DOT. SUPPLEMENTARY INFORMATION: be implemented no later than the ACTION: Final rule. corresponding deadline for I. Executive Summary implementing that part of the rule. SUMMARY: This rule expedites the This final rule amends the program Table 1 shows program implementation program implementation deadlines in implementation deadlines originally deadlines for different paragraphs. TABLE 1—PROGRAM IMPLEMENTATION DEADLINE FOR DIFFERENT PARAGRAPHS

(b) Roles & (c) Adequate (d) Fatigue (e) Alarm (f) Change (g) Operating Paragraph responsibilities information mitigation management management experience (h) Training

Current Regula- Feb 1, 2013 ...... Feb 1, 2013 ...... Feb 1, 2013 ...... Feb 1, 2013 ...... Feb 1, 2013 ...... Feb 1, 2013 ...... Feb 1, 2013. tions. NPRM ...... Aug 1, 2011 ...... C5 Aug 1, 2011 ... Aug 1, 2011 ...... Aug 1, 2012 ...... Aug 1, 2011 ...... Aug 1, 2011 ...... Aug 1, 2011. C1–4 Aug 1, 2012 Final Rule ...... Oct 1, 2011 ...... C5 Oct 1, 2011 .... D2 & D3 Oct 1, Aug 1, 2012 ...... Oct 1, 2011 ...... Oct 1, 2011 ...... Training elements C1–4 Aug 1, 2012 2011. aligned to due D1 & D4 Aug 1, date of each 2012. element.

Executive Orders 12866 and 13563 justify its costs,’’ and to develop the CRM rule that realizes the safety require agencies to regulate in the ‘‘most regulations that ‘‘impose the least benefit to the public, property, and the cost-effective manner,’’ to make a burden on society.’’ The expected environment sooner. ‘‘reasoned determination that the benefit of this rulemaking action is an benefits of the intended regulation expedited implementation deadline of

Low High Average ($ millions) ($ millions) ($ millions)

Total Cost of Rule ...... $8.8 13.5 11.1 Total Benefit of Rule ...... $13.9 13.9 13.9 Net Benefit of Rule ...... $5.1 0.4 2.8

II. Background implementing all the procedures PHMSA received requests from required by the rule to August 1, 2011, several pipeline trade associations and On September 17, 2010, PHMSA except that procedures required by pipeline operators to extend the published a Notice of Proposed Paragraphs (c)(1)–(4) (adequate comment period until after PHMSA’s Rulemaking (NPRM) proposing to information) and (e) (alarm public workshop on pipeline control expedite the program implementation management) would have a program room management, which was held on deadlines in the CRM rule at §§ 192.631 implementation deadline of August 1, November 17, 2010, in Houston, Texas and 195.446 (75 FR 56972). The NPRM 2012. (75 FR 67450). So, PHMSA extended the proposed to expedite the deadline for

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comment period deadline from (shift lengths), (d)(4) (maximum hours- Sunoco requested that the deadline November 16, 2010, to December 3, of-service), and (e) (alarm management) for compliance be extended beyond 2010 (75 FR 69912). be amended to August 1, 2012, and the those proposed because field control deadline for training in Paragraph (h) be rooms cannot reasonably be included in III. Advisory Committees Meeting amended to August 1, 2012, except that PHMSA’s assumption that the industry On March 24, 2011, the Technical any training required as a condition of is largely ready now. Pipeline Safety Standards Committee compliance with another paragraph of American Gas Association (AGA), (TPSSC) and the Technical Hazardous the rule be implemented no later than Avista, El Paso, NGA, Paiute Pipeline Liquid Pipeline Safety Standards the corresponding deadline for Company, and Southwest Gas Committee (THLPSSC) met jointly in implementing that part of the rule. This Corporation (SWG) opposed the Arlington, Virginia. The TPSSC and final rule effectively adopts the proposed accelerated deadlines for THLPSSC are statutorily-mandated recommendations of the TPSSC and Paragraphs (d) (fatigue mitigation) and advisory committees that advise THLPSSC except that the earliest date (h) (training). In addition, Paiute and PHMSA on proposed safety standards, that any element must be implemented SWG requested that Paragraph (f) risk assessments, and safety policies for is October 1, 2011 and not August 1, (change management) be given an natural gas pipelines and for hazardous 2011. This extra time is provided to implementation deadline of August 1, liquid pipelines. Both committees were provide operators proper notice after the 2012. established under the Federal Advisory publication of the final rule. NGA requested that if the proposed Committee Act (Pub. L. 92–463, 5 U.S.C. accelerated deadlines are implemented, App. 1) and the pipeline safety law (49 IV. Summary and Response to Public PHMSA should consider modifying its U.S.C. Chap. 601). Each committee Comments review process during the first consists of 15 members, with PHMSA received a total of 16 inspection cycle to include only membership evenly divided among the comments on the NPRM: five comments recommended improvements, rather Federal and state governments, the from pipeline trade associations, nine than Notices of Probable Violation and regulated industry, and the public. The comments from individual hazardous monetary penalties for companies that committees advise PHMSA on technical liquid and gas pipeline operators, one make efforts to implement their plans feasibility, practicability, and cost- comment from a pipeline consultant, within the accelerated deadlines. Northern Natural Gas requested that effectiveness of each proposed pipeline and one comment from an anonymous the deadline for implementing all the safety standard. private citizen. In addition to the 16 During the meeting, the committees procedures required by the rule only be comments, on March 1, 2011, the considered the NPRM to expedite the accelerated to February 1, 2012, instead American Petroleum Institute (API) and program implementation deadline of the of August 1, 2011, as proposed, except the Association of Oil Pipe Lines CRM regulations. To assist the TPSSC that the procedures required by (AOPL) submitted revised comments. and THLPSSC in their deliberations, Paragraphs (c)(1)–(4) (adequate PHMSA presented three options of A. General Comments information), (e) (alarm management), program implementation deadlines. and (f) (change management), should In their revised comments API & These included the program not be accelerated at all. implementation deadlines as proposed AOPL stated that they did not oppose Thomas Lael Services, L.P, a pipeline in the NPRM, the program the proposed accelerated deadlines, consultant, supported the proposed implementation deadline of February 1, except that acceleration of the deadline accelerated deadlines. He agreed with 2013, in the original rule, and a third for Paragraphs (d) (fatigue mitigation) the statement in the NPRM that most if option that reflected the comments and (h) (training) was not appropriate. not all work associated with each received on the proposed rule, CenterPoint Energy, Panhandle requirement contained within the comments received at the November 17, Energy, Sunoco Pipeline LP (Sunoco), regulation has more than likely already 2010, workshop, and PHMSA’s internal Texas Pipeline Association, and been performed during the program discussions. PHMSA provided these Williston Basin Interstate Pipeline development stage which already has a options to facilitate the TPSSC and Company opposed the proposed regulatory deadline of August 1, 2011. THLPSSC members’ discussion of the accelerated deadlines. He agreed that due to the significance of rule and to provide a process by which Many of the same commenters and El this regulation and the potential for the the members could recommend a Paso Pipeline Group (El Paso), Interstate increased safe operation of pipelines, an certain course of action by PHMSA with Natural Gas Association of America accelerated implementation deadline to regard to the rule. Members were not (INGAA), and Northeast Gas Association August 1, 2012, is desirable and limited to discussing these three (NGA), stated that the timing of reasonable, but it is not clear whether he options. PHMSA’s release of Frequently Asked supported the August 1, 2012, deadline After discussions, both the TPSSC Questions (FAQs) guidance, inspection for all paragraphs. He added that recent and THLPSSC separately voted guidelines, and compliance criteria pipeline incidents have initially pointed unanimously to recommend that would affect their ability to meet the to control room issues as possible PHMSA implement the NPRM with the proposed accelerated deadlines if the factors in the cause and, therefore, an changes reflected in the third option. content of the guidance differed accelerated deadline is prudent. Specifically, the TPSSC and THLPSSC significantly from their expectations. The anonymous private citizen’s recommended that the deadline for INGAA and El Paso also stated that comments were not deemed appropriate implementing Paragraphs (b) (roles and while they previously supported the for consideration. responsibilities), (c)(5) (shift change), accelerated implementation schedule, In general, while some commenters (d)(2)–(3) (fatigue mitigation education the anticipated timing for PHMSA to argued the NPRM should be withdrawn and training), (f) (change management), release guidance material as stated at and the implementation deadlines in and (g) (operating experience) be the public workshop, along with their the current rule be kept, PHMSA did not amended to August 1, 2011, the uncertainty about the content of the find the general comments justified deadline for implementing Paragraphs guidance, has caused them to reconsider withdrawing the NPRM in order to leave (c)(1)–(4) (adequate information), (d)(1) their support. in place the current program

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implementation deadlines for the operator agrees, as proposed, or for all API & AOPL similarly stated that the reasons specified in more detail below. sections in Paragraph (c). Based on this, accelerated timeline would not allow Some trade associations and pipeline other general comments received, the operators the appropriate time for operators stated that PHMSA has not TPSSC’s and THLPSSC’s implementation of human resources released the FAQs document, inspection recommendation, the program directives addressing the hiring and guidelines and compliance criteria. To implementation deadline for this relocating of controllers. API & AOPL address this concern, PHMSA released paragraph is amended to October 1, also stated that a lack of guidance from draft FAQs on February 3, 2011, and 2011, for section (c)(5), and to August 1, PHMSA may cause uncertainty as to plans to release inspection forms and 2012, for sections (c)(1)–(4). what will be considered as an guidelines by early June 2011. acceptable limit on hours-of-service. D. Fatigue Mitigation, §§ 192.631(d) and API & AOPL estimated a proper B. Roles and Responsibilities, 195.446(d) implementation period between eight §§ 192.631(b) and 195.446(b) Paragraph (d) of the rule requires and 12 months, although the comment Paragraph (b) of the rule requires operators to implement fatigue appeared to be related more to training operators to define the roles and mitigation methods to reduce the risk in general, rather than fatigue mitigation responsibilities of a controller during associated with controller fatigue that specifically. normal, abnormal, and emergency could inhibit a controller’s ability to Avista was similarly concerned with operating conditions. The original rule carry out the roles and responsibilities the impact of the accelerated schedule established a deadline for operators to the operator has defined. The original for fatigue mitigation if enough time is implement the procedures by February rule established a deadline for operators not provided for operators to develop 1, 2013. The NPRM proposed that to implement the procedures by course material, create tests, arrange for operators implement the procedures February 1, 2013. The NPRM proposed subject matter experts to instruct instead by August 1, 2011. The TPSSC that operators implement the courses, hire, and train new personnel. and THLPSSC recommended that procedures by August 1, 2011. CenterPoint Energy supported the PHMSA amend the regulation as The TPSSC and THLPSSC proposed accelerated deadlines for Paragraphs (d)(1) and (d)(4), but stated proposed. recommended that PHMSA amend the We received no comments specifically that Paragraphs (d)(2) and (d)(3) require deadlines for Paragraphs (d)(2) and directed at the implementation deadline additional time to implement, because (d)(3) as proposed, but to establish an for this paragraph. Based on only the training and education are ongoing implementation deadline of August 1, general comments we received and the activities that require flexibility and 2012, for Paragraphs (d)(1) and (d)(4). TPSSC’s and THLPSSC’s adjustment based on feedback from the recommendation, and in order to In addition to the general comments trainees. CenterPoint Energy suggested provide operators proper notice we are specified above, INGAA believes that if 12 months for proper implementation of adopting the new implementation date PHMSA’s guidance concerning the required training and education of October 1, 2011. controller scheduling and hours-of- requirements. service departs significantly from a Sunoco stated that a singular point of C. Provide Adequate Information, paper on the subject published by the emphasis within the CRM is fatigue §§ 192.631(c) and 195.446(c) Southern Gas Association, it would management, which clearly necessitates Paragraph (c) of the rule requires severely jeopardize operators’ ability to that the current 24/7 work schedules be operators to provide their controllers comply with the proposed deadlines, analyzed to ensure that those shift with the information, tools, processes because operators would not be able to designs mitigate, as much as possible, and procedures necessary for the revise their implementation plans, the fatigue that is associated with controllers to carry out the roles and increase their staffs, and complete the working around the clock. At PHMSA’s responsibilities the operators have necessary process development in time. Workshop, Sunoco stated that a PHMSA defined. The original rule established a INGAA suggested, however, that speaker stated that to complete analysis, deadline for operators to implement the operators could meet the expedited the affected pipeline companies would procedures by February 1, 2013. The deadlines if their current understanding have to have any modified/proposed NPRM proposed that operators of the CRM regulations is implemented shift schedule ‘‘verified’’ by a fatigue implement the procedures required by without major changes. INGAA expert. Sunoco believes this would Paragraph (c)(1)–(4) instead by August estimated a minimum of six months create a high demand for a relatively 1, 2012, and the procedures required by would be needed for operators to few fatigue experts within a very Paragraph (c)(5) by August 1, 2011. The implement their fatigue mitigation compressed timeframe. Sunoco stated TPSSC and THLPSSC recommended plans, including training, evaluation that this verification would take much that PHMSA amend the regulation as and revisions. Several individual longer than the proposed proposed. operators agreed with these sentiments. implementation time. In addition to the general comments AGA had concerns with PHMSA’s After reviewing these comments and specified above, CenterPoint Energy proposal to accelerate the fatigue considered the TPSSC’s and THLPSSC’s stated that at a minimum, 12 months is mitigation requirements by 18 months, recommendation, PHMSA believes needed from program development to because many operators have to hire many of the concerns are justified and full implementation in order to give new gas control personnel, and that there should be some additional operators an opportunity to assess their extensive time and effort are required to time between development and plans for one complete heating season identify and train new personnel. AGA implementation of certain procedures and to make any necessary adjustments suggested that accelerating the related to fatigue mitigation. Based on prior to actual implementation of the implementation deadlines for these the substantive comments provided, plan before the 2012 heating season. provisions could have the unintended including estimated time frames, CenterPoint Energy agrees with consequence of moving individuals into PHMSA believes that an PHMSA that the proposed 12 months is gas controller positions with limited implementation period of 12 months is sufficient for program implementation qualifications. Several individual reasonable for Paragraphs (d)(1) and deadline, but it is not clear that the operators agreed with this sentiment. (d)(4), which makes the amended

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deadline August 1, 2012. This would PHMSA has reviewed these G. Operating Experience, §§ 192.631(g) allow for an accelerated safety benefit in comments and considered the TPSSC’s and 195.446(g) accordance with the intent of the and THLPSSC’s recommendation, and Paragraph (g) of the rule requires NPRM, while also allowing operators does not find that the full 18 months is operators to assure that lessons learned additional time to conduct internal pilot necessary for program implementation, from their operating experiences are testing, hiring and training of any new but that 12 months is sufficient for incorporated, as appropriate, into their controllers, and other modifications to operators to implement this paragraph. control room management procedures. their schedule rotations and maximum Therefore, the program implementation The original rule established a deadline hours-of-service, as needed. deadline is amended, as proposed, to for operators to implement the With regard to Paragraphs (d)(2) and August 1, 2012. procedures requiring the incorporation (d)(3), PHMSA does not find the of operating experience by February 1, comments justify delaying the education F. Change Management, §§ 192.631(f) 2013. The NPRM proposed that and training of controllers and and 195.446(f) supervisors about fatigue mitigation operators implement the procedures by strategies, how off-duty activities Paragraph (f) of the rule requires August 1, 2011. The TPSSC and contribute to fatigue, and how to operators to assure that changes that THLPSSC recommended that PHMSA recognize the effects of fatigue. PHMSA could affect control room operations are amend the regulation as proposed. In addition to the general comments believes the education and training of coordinated with the control room specified above, CenterPoint Energy controllers and supervisors on the personnel. The original rule established stated that at a minimum PHMSA fundamental aspects of fatigue a deadline for operators to implement mitigation strategies can be undertaken should allow six months for the procedures by February 1, 2013. The implementation because the regulation upon program development and NPRM proposed that operators completed by August 1, 2011. However, will require coordination across implement the procedures by August 1, operator’s organizations and would be due to the short time operators would 2011. The TPSSC and THLPSSC have after the issuance of this rule, difficult to establish efficiently without recommended that PHMSA amend the an implementation period to educate PHMSA is extending the program regulation as proposed. implementation deadline by two the involved employees and make months to October 1, 2011. Of course, as In addition to the general comments adjustments as necessary. operators develop more experience in specified above, CenterPoint stated that PHMSA has reviewed the comments fatigue mitigation strategies, they would PHMSA should allow six months for and the TPSSC’s and THLPSSC’s be expected to update and improve their program implementation because the recommendation, and does not find an education and training program as paragraph will require coordination additional program implementation necessary. Therefore, consistent with across operator’s organizations, which period is necessary for this requirement. the recommendation of the TPSSC and will be difficult to establish efficiently Ensuring that lessons learned from THLPSSC, and the expected short time without an implementation period to operating experiences are incorporated, after issuance of this rule, the educate the involved employees and as appropriate, into operators’ control implementation deadline for Paragraphs make adjustments as necessary. room management procedures should be (d)(2) and (d)(3) is amended to October implemented once the program Paiute Pipeline Company and SWG 1, 2011. procedures are developed. Because requested at least 12 months for incorporating lessons learned is a E. Alarm Management, §§ 192.631(e) implementing this requirement because continuing process, operators can and 195.446(e) it requires integration with existing review accidents and incidents to Paragraph (e) of the rule requires processes and procedures, training of determine if control room actions operators that use SCADA systems to both controllers and field personnel, contributed to the event and correct have written alarm management plans and evaluation of any other issues that issues, where necessary, while still to provide for effective controller can only be determined during an updating and improving their change response to alarms. The original rule adequate implementation period. process during implementation if established a deadline for operators to PHMSA has reviewed these potential improvements are recognized. implement the procedures by February comments and considered the TPSSC’s For these reasons, the program 1, 2013. The NPRM proposed that and THLPSSC’s recommendation, and implementation deadline is amended, as operators implement the procedures by does not find that an additional program proposed, to October 1, 2011. August 1, 2012. The TPSSC and implementation period is necessary for H. Training, §§ 192.631(h) and THLPSSC recommended that PHMSA this requirement. This paragraph 195.446(h) amend the regulation as proposed. requires operators to assure that changes In addition to the general comments Paragraph (h) of the rule requires that could affect control room specified above, CenterPoint Energy operators to establish a controller operations are coordinated with the stated that the full 18 months should be training program and review the retained so that operators would be able control room personnel. Any changes training program content to identify to test their alarm management systems, that affect control room operations, potential improvements at least once modify their programs based on including field changes, should be each calendar year, but at intervals not operator feedback, and repeat testing. coordinated with controllers without to exceed fifteen months. The original Sunoco also requested that the delay once the program procedures are rule established a deadline for operators original 18-month implementation developed. Operators may still update to implement the procedures by period be retained because the and improve their change management February 1, 2013. The NPRM proposed company’s ongoing efforts to install a procedures, if during implementation that operators implement the new SCADA system and software potential improvements are recognized. procedures by August 1, 2011. The program to help manage alarms will not For these reasons, the program TPSSC and THLPSSC recommended be completed in its control rooms until implementation deadline is amended to that PHMSA establish an 2013. October 1, 2011. implementation deadline of August 1,

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2012, for training, except that for any as the period of supervised work V. Regulatory Analysis and Notice training required under one of the other experience and qualification of new paragraphs of the rule, that training controllers is a time consuming process. Privacy Act Statement must still be implemented in In addition, they stated some training Anyone may search the electronic accordance with the corresponding requirements may go beyond form of comments received in response deadline for that part of the rule. controllers, such as training field to any of our dockets by the name of the In addition to the general comments employees impacting SCADA points, individual submitting the comment (or specified above, AGA stated that information services employees making signing the comment if submitted for an operators already have training changes to SCADA screens, and association, business, labor union, etc.). methods, but many operators still need supervisors and managers being trained to formalize their processes, which takes You may review DOT’s complete in fatigue mitigation strategies. Privacy Act Statement in the Federal extensive time and effort. In addition, Panhandle Energy also opposed the AGA explained that new controllers that Register published on April 11, 2000 proposed amendment, stating that it (65 FR 19477). will be hired will not have time to typically takes upward of one year to complete the new training procedures provide the training and experience to Executive Order 12866, Executive Order by August 1, 2011. AGA stated that be able to confidently utilize a new staff 13563, and DOT Regulatory Policies and operators will be able to develop a member as a gas controller. Procedures training program that meets the control PHMSA has reviewed the comments room management requirements by and considered the TPSSC’s and This final rule is a significant August 2011, but they will not be able THLPSSC’s recommendations regulatory action under section 3(f) of to fully implement those training concerning the time necessary to Executive Order 12866 (58 FR 51735) procedures with all controllers by that implement the new training procedures. and, therefore, was reviewed by the time. PHMSA finds these comments justify an Office of Management and Budget. This API & AOPL estimated that training additional implementation period and final rule is significant under the and qualification takes between eight that the proposed amendment could Regulatory Policies and Procedures of and 12 months and additional time create an undue burden on operators to the Department of Transportation (44 FR could be required to recruit capable and achieve compliance with Paragraph (h). 11034). PHMSA has also reviewed this qualified candidates. They stated that While PHMSA still finds the original 18 regulation pursuant to Executive Order the accelerated timeline does not allow months is not necessary, an 13563, issued on January 18, 2011 (76 enough time to complete training and, implementation period of 12 months is FR 3281, Jan. 21, 2011). EO 13563 is therefore, would lead to additional reasonable, which makes the amended supplemental to and explicitly reaffirms costs. Avista agreed with the sentiment deadline August 1, 2012. This would the principles, structures, and that additional time is required to allow for an accelerated safety benefit in develop course material, create tests, definitions governing regulatory review accordance with the intent of the arrange for subject matter experts to established in Executive Order 12866. instruct courses, hire, and train new NPRM, while also allowing operators To the extent permitted by law, agencies personnel, and suggested that PHMSA additional time to implement the new are required to meet principles retain the 18-month implementation training procedures specified in established by Executive Orders 12866 period in the original rule. Paragraph (h). and 13563. PHMSA finds that, within CenterPoint Energy stated that at a It must be clarified, however, that the the range of impacts analyzed in this minimum PHMSA should allow six training required by other paragraphs of rulemaking, the Control Room months for implementation because the the CRM rule (e.g., fatigue mitigation) Management/Human Factors rule regulation will require coordination must still be implemented in expediting the program implementation across operator’s organizations that accordance with the corresponding deadlines in the Control Room would be difficult to establish deadline for that part of the rule (e.g., Management/Human Factors regulations efficiently without an implementation October 1, 2011). is consistent with EO 12866 and 13563. period to educate the involved I. Other Paragraphs, §§ 192.631(i)–(j) In this analysis we estimate that the employees and make adjustments as and 195.446(i)–(j) average costs of this final rule are $11.15 necessary. million. We also estimate that the El Paso stated that it has taken a Paragraph (i) of the rule requires benefits of this final rule are $13.9 leadership role in formulating joint operators to submit their procedures, million. Two observations of note are (1) industry training to meet the upon request, to PHMSA or, in the case requirements of the final rule, but its of an intrastate pipeline facility that the estimated annual benefits, $13.9 effort is not expected to be completed regulated by a state, to the appropriate million, exceed the average estimated until the middle of 2011. El Paso state agency. Paragraph (j) of the rule costs $11.15 million, by $2.75 million; requested additional time beyond that requires operators to maintain records (2) since the benefits do not include the proposed in the NPRM because they that demonstrate compliance with the non-quantified benefits, such as stated that they need to formalize the requirements of the rule, and improved health and well-being of training program, have that program documentation to demonstrate that any controllers and improved productivity adopted within each operating deviation from the procedures required for the reasons we discussed above it is company, and have all the controllers by the rule was necessary for the safe likely that the actual benefits of the rule trained, including those not yet hired. operation of a pipeline facility. These could be higher. A full Regulatory Paiute Pipeline Company and SWG requirements are self-executing and the Analysis has been provided in the requested to keep the original 18-month NPRM did not propose to amend them. docket, while the chart below implementation period, because the PHMSA received no comments on these summarizes the estimated costs and identification, hiring, training, as well paragraphs. benefits of this final rule.

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Low High Average ($ millions) ($ millions) ($ millions)

Total Cost of Rule ...... $8.8 $13.5 $11.1 Total Benefit of Rule ...... 13.9 13.9 13.9 Net Benefit of Rule ...... 5.1 0.4 2.8

Regulatory Flexibility Act Policy Act (42 U.S.C. 4321 et seq.). If PART 192—TRANSPORTATION OF Under the Regulatory Flexibility Act pipeline operators comply with the NATURAL GAS AND OTHER GAS BY (5 U.S.C. 601 et seq.), PHMSA must technical elements of this rule within a PIPELINE: MINIMUM FEDERAL consider whether rulemaking actions shorter time, environmental benefits SAFETY STANDARDS could be realized sooner and may would have a significant economic ■ impact on a substantial number of small reduce the number and severity of 1. The authority citation for part 192 entities. The original CRM rule included pipeline releases. PHMSA has continues to read as follows: certain accommodations in concluded this rule would not have any Authority: 49 U.S.C. 5103, 60102, 60104, consideration of small businesses. significant impacts to the quality of the 60108, 60109, 60110, 60113, 60116, 60118, PHMSA estimated that the costs of those human environment under the National and 60137; and 49 CFR 1.53. substantive requirements would be Environmental Policy Act. ■ 2. Amend § 192.631 by removing the significantly less than one percent of last sentence in paragraph (a)(2) and Executive Order 13132 revenues for most firms and there was adding four sentences in its place to not likely to be a significant economic PHMSA has analyzed this rule read as follows: impact on a substantial small number of operators, as explained in the original according to Executive Order 13132 § 192.631 Control room management. (‘‘Federalism’’). The rule does not have rule. PHMSA went on to say that the (a) * * * economic impact of the original CRM a substantial direct effect on the states, (2) * * * An operator must develop final rule on small entities will be minor the relationship between the national the procedures no later than August 1, and certified that that final rule will not government and the states, or the 2011, and must implement the have a significant economic impact on distribution of power and procedures according to the following a substantial number of small entities. responsibilities among the various schedule. The procedures required by Since this final rule only expedites levels of government. The rule does not paragraphs (b), (c)(5), (d)(2) and (d)(3), program implementation deadlines and impose substantial direct compliance (f) and (g) of this section must be does not establish any new substantive costs on state and local governments. implemented no later than October 1, requirements, we likewise certify that This rule would not preempt state law 2011. The procedures required by this rule would not have a significant for intrastate pipelines. Therefore, the paragraphs (c)(1) through (4), (d)(1), economic impact on a substantial consultation and funding requirements (d)(4), and (e) must be implemented no number of small entities. of Executive Order 13132 do not apply. later than August 1, 2012. The training procedures required by paragraph (h) Executive Order 13175 Executive Order 13211 must be implemented no later than PHMSA has analyzed this rulemaking Transporting gas and hazardous August 1, 2012, except that any training according to Executive Order 13175, required by another paragraph of this ‘‘Consultation and Coordination with liquids impacts the nation’s available energy supply. However, this rule is not section must be implemented no later Indian Tribal Governments.’’ Because than the deadline for that paragraph. a ‘‘significant energy action’’ under the rule would not significantly or * * * * * uniquely affect the communities of the Executive Order 13211 and is not likely indian tribal governments or impose to have a significant adverse effect on PART 195—TRANSPORTATION OF substantial direct compliance costs, the the supply, distribution, or use of HAZARDOUS LIQUIDS BY PIPELINE funding and consultation requirements energy. Further, the Administrator of of Executive Order 13175 do not apply. the Office of Information and Regulatory ■ 3. The authority citation for part 195 Affairs has not identified this rule as a continues to read as follows: Paperwork Reduction Act significant energy action. Authority: 49 U.S.C. 5103, 60102, 60104, The rule does not require any List of Subjects 60108, 60109, 60116, 60118, and 60137; and additional paperwork burden on 49 CFR 1.53. hazardous liquid and gas pipeline 49 CFR Part 192 operators under the Paperwork ■ 4. Amend § 195.446 by removing the Reduction Act of 1995. Gas, Natural gas, Pipeline safety, last sentence in paragraph (a) and adding four sentences in its place to Unfunded Mandates Reform Act of 1995 Reporting and recordkeeping requirements. read as follows: This rule does not impose unfunded mandates under the Unfunded 49 CFR Part 195 § 195.446 Control room management. Mandates Reform Act of 1995. It does (a) * * * An operator must develop not result in costs of $141.3 million or Anhydrous ammonia, Carbon dioxide, the procedures no later than August 1, more to either state, local, or tribal Petroleum, Pipeline safety, Reporting 2011, and must implement the governments, in the aggregate, or to the and recordkeeping requirements. procedures according to the following schedule. The procedures required by private sector. For the reasons provided in the paragraphs (b), (c)(5), (d)(2) and (d)(3), preamble, 49 CFR Parts 192 and 195 are National Environmental Policy Act (f) and (g) of this section must be amended as follows: PHMSA has examined the rule for implemented no later than October 1, purposes of the National Environmental 2011. The procedures required by

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paragraphs (c)(1) through (4), (d)(1), required by another paragraph of this Issued in Washington, DC, on June 10, (d)(4), and (e) must be implemented no section must be implemented no later 2011 under authority delegated in 49 CFR later than August 1, 2012. The training than the deadline for that paragraph. part 1. Cynthia L. Quarterman, procedures required by paragraph (h) * * * * * must be implemented no later than Administrator. August 1, 2012, except that any training [FR Doc. 2011–14991 Filed 6–15–11; 8:45 am] BILLING CODE 4910–60–P

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Proposed Rules Federal Register Vol. 76, No. 116

Thursday, June 16, 2011

This section of the FEDERAL REGISTER for Spent Nuclear Fuel (SNF) and High- Storage Installation licensees to comply contains notices to the public of the proposed Level Radioactive Waste (HLW) storage with security requirements specified in issuance of rules and regulations. The facilities. The draft regulatory basis was 10 CFR Part 73. Following the terrorist purpose of these notices is to give interested published for comment in the Federal attacks of September 11, 2001, the NRC persons an opportunity to participate in the Register (FR) on December 16, 2009 (74 has continued to achieve this requisite rule making prior to the adoption of the final rules. FR 66589). high assurance for all facilities licensed This meeting will be closed under to store SNF through a combination of exemptions 3.a and 3.b of the these existing security regulations and NUCLEAR REGULATORY Commission’s policy statement 1, due to the issuance of security orders to COMMISSION the expected discussion of classified individual licensees. information. Based on the Commission’s direction 10 CFR Parts 72 and 73 DATES: Tuesday, July 26, 2011, 9 a.m. to presented in SRM–SECY–10–0114 [NRC–2009–0558] 4 p.m. (Eastern Time) (Closed to (Agencywide Documents Access and Public—Requires Access to Classified Management System (ADAMS) Vulnerability and Threat Information Information) Accession No. ML103210025) and for Facilities Storing Spent Nuclear stakeholder requests from the NRC ADDRESSES: Fuel and High-Level Radioactive Waste U.S. Nuclear Regulatory sponsored May 2, 2011, open and closed Commission, One White Flint North, public meetings (ADAMS Package AGENCY: U.S. Nuclear Regulatory Commissioners’ Conference Room, O–1 Accession No. ML111450161), the staff Commission. G16, 11555 Rockville Pike, Rockville, is hosting this meeting to enhance ACTION: Public meeting. Maryland 20852. stakeholder understanding of the FOR FURTHER INFORMATION CONTACT: SUMMARY: The Nuclear Regulatory security assessments used to inform the Dennis Andrukat, Office of Nuclear Commission (NRC) will discuss with draft regulatory basis and to enhance Security and Incident Response, U.S. affected stakeholders vulnerability and staff understanding of the comments Nuclear Regulatory Commission, threat information associated with the received. The meeting will discuss Washington, DC 20555–0001; telephone forthcoming security rulemaking to classified national security information. 301–415–3561; e-mail: revise Title 10 of the Code of Federal The NRC notes that the public, [email protected]. Regulations (10 CFR) Part 72, licensees, certificate holders, and other ‘‘Licensing Requirements for the SUPPLEMENTARY INFORMATION: stakeholders will have a future Independent Storage of Spent Nuclear opportunity to comment on the Background Fuel, High-Level Radioactive Waste, and proposed rulemaking when that Reactor-Related Greater Than Class C The NRC requires high assurance of document is published in the FR. adequate protection of public health and Waste,’’ and 73, ‘‘Physical Protection of Availability of Documents Plants and Materials.’’ This information safety, the common defense and will be used to inform the regulatory security, and the environment for the The following table indicates the basis for the rulemaking which will secure storage of SNF and HLW. The related documents that are available to issue new risk-informed and NRC meets this strategic goal by the public and how they may be performance-based security regulations requiring Independent Spent Fuel obtained.

Public Electronic Document Document Web Reading Room Room (PDR) (ADAMS)

Draft Technical Basis, Revision 1 (December 2009) [NRC–2009–0558] ...... X X ML093280743 Commission: SECY–10–0114 (August 26, 2010) ...... X ...... ML101960614 Commission: SRM–SECY–10–0114 (November 16, 2010) ...... X X ML103210025 Commission: SECY–07–0148 (redacted) (August 28, 2007) ...... X X ML080030050 Commission: SRM–SECY–07–0148 (December 18, 2007) ...... X X ML073530119 Public Meeting Notice for May 2, 2011 (March 30, 2011) ...... X ...... ML110880263 Meeting Summary Package for May 2, 2011 meeting ...... X ...... ML111450161

You can access publicly available Flint North, 11555 Rockville Pike, public can gain entry into ADAMS, documents related to this notice using Rockville, Maryland 20852–2738. which provides text and image files of the following methods: NRC’s ADAMS: Publicly available NRC’s public documents. If you do not NRC’s PDR: The public may examine documents created or received at the have access to ADAMS or if there are and have copied, for a fee, publicly NRC are available online in the NRC problems in accessing the documents available documents at the NRC’s PDR, Library at http://www.nrc.gov/reading- located in ADAMS, contact the NRC’s Public File Area O–1 G21, One White rm/adams.html. From this page, the PDR reference staff at 1–800–397–4209,

1 ‘‘Commission’s Policy Statement on Enhancing Public Participation in NRC Meetings,’’ (67 FR 36920), May 28, 2002.

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301–415–4737, or by e-mail to SUMMARY: In this advance notice of Public Comments’’. We will show your [email protected]. proposed rulemaking (ANPRM), the comments as submitted, including any Federal Rulemaking Site: Public Farm Credit Administration (FCA, we, supporting data provided, but for comments and supporting materials us, our) is requesting comments on technical reasons we may omit items related to this notice can be found at alternatives to using credit ratings such as logos and special characters. http://www.regulations.gov by searching issued by nationally recognized Identifying information that you on Docket ID: NRC–2009–0558. statistical ratings organizations (NRSRO provide, such as phone numbers and Availability of Services: or credit rating agency) in regulations addresses, will be publicly available. The NRC provides reasonable addressing the Risk-Based Capital Stress However, we will attempt to remove accommodations to individuals with Test (RBCST or stress test) for the e-mail addresses to help reduce Internet disabilities where appropriate. If you Federal Agricultural Mortgage spam. need a reasonable accommodation to Corporation (Farmer Mac or FAMC). FOR FURTHER INFORMATION CONTACT: participate in this meeting (e.g., sign Recent legislation requires every Federal Joseph T. Connor, Associate Director for language), or need this meeting notice or agency to remove any references to Policy and Analysis, Office of other information from the meeting in credit ratings from its regulations and to Secondary Market Oversight, Farm another format, please notify the NRC substitute them with other standards of Credit Administration, McLean, VA meeting contact, Dennis Andrukat at creditworthiness considered 22102–5090, (703) 883–4280, TTY 301–415–3561 by July 5, 2011, so that appropriate. Additionally, in response (703) 883–4434, arrangements can be made. to this same legislative emphasis on Or All expected attendees must register ensuring appropriate prudential Laura McFarland, Senior Counsel, with the NRC meeting contact by close oversight of derivatives transactions, we Office of the General Counsel, Farm of business on July 12, 2011. Attendees are considering whether the RBCST Credit Administration, McLean, VA must provide their full name, company/ should include a more explicit and 22102–5090, (703) 883–4020, TTY organization, last four of social security comprehensive capital charge for (703) 883–4020. number, phone number, counterparty risk stemming from SUPPLEMENTARY INFORMATION: acknowledgement of current access to derivative transactions. Lastly, through Classified Information (minimum ‘‘L’’ the ANPRM we are seeking public input I. Objective clearance), and basis for need-to-know on how we might revise the operational The purpose of this ANPRM is to in order to verify that attendees are and strategic business planning gather public input on how FCA might: cleared for access to the information. requirements for FAMC to place greater • Revise existing Farmer Mac RBCST No electronic devices will be allowed emphasis on diversity and inclusion. regulations to replace data from credit in the Commissioners’ Conference Room DATES: You may send comments on or rating agencies. during the meeting, this includes cell • Comprehensively address phones, laptops, pagers, PDAs, etc. No before August 15, 2011. ADDRESSES: We offer a variety of derivative counterparty exposure in the food or drink is allowed in the RBCST; and Commissioners’ Conference Room. methods for you to submit comments. • For accuracy and efficiency reasons, Revise operational and strategic All attendees are to use the One White business planning requirements to place Flint North temporary entrance located commenters are encouraged to submit comments by e-mail or through the greater emphasis on diversity and on Marinelli Street. The NRC is inclusion. accessible to the White Flint Metro FCA’s Web site. As facsimiles (fax) are Station. Visitor parking near the NRC difficult for us to process and achieve II. Background compliance with section 508 of the buildings is limited. Parking is available Farmer Mac is an institution of the Rehabilitation Act, we no longer accept at the White Flint Metro Station using Farm Credit System, regulated by FCA comments submitted by fax. Regardless the Metro Smart Card. through the FCA Office of Secondary of the method you use, please do not Dated at Rockville, Maryland, this 7th day Market Oversight (OSMO). Farmer Mac submit your comment multiple times of June 2011. was established and chartered by via different methods. You may submit For the Nuclear Regulatory Commission. Congress to create a secondary market comments by any of the following Sandra L. Wastler, for agricultural real estate mortgage methods: loans, rural housing mortgage loans, and Branch Chief, Division of Security Policy, • E-mail: Send us an e-mail at reg- rural utilities loans, and it is a Office of Nuclear Security and Incident [email protected]. Response. stockholder-owned instrumentality of • FCA Web site: http://www.fca.gov. the United States. Title VIII of the Farm [FR Doc. 2011–14666 Filed 6–15–11; 8:45 am] Select ‘‘Public Commenters’’, then Credit Act of 1971, as amended, (Act) BILLING CODE 7590–01–P ‘‘Public Comments’’, and follow the governs Farmer Mac.1 directions for ‘‘Submitting a Comment’’. On July 21, 2010, the Dodd-Frank • Federal eRulemaking Portal: http:// Wall Street Reform and Consumer FARM CREDIT ADMINISTRATION www.regulations.gov. Follow the Protection Act of 2010 (Dodd-Frank Act) instructions for submitting comments. was enacted.2 Section 939A of the 12 CFR Part 652 • Mail: Laurie A. Rea, Director, Office Dodd-Frank Act requires Federal RIN 3052–AC70 of Secondary Market Oversight, Farm agencies to review all regulatory Credit Administration, 1501 Farm references to NRSRO credit ratings and Federal Agricultural Mortgage Credit Drive, McLean, VA 22102–5090. Corporation Funding and Fiscal You may review copies of all replace those references with other Affairs; Farmer Mac Risk-Based comments we receive at our office in appropriate standards for determining Capital Stress Test, Version 5.0 McLean, Virginia, or on our Web site at creditworthiness. The Dodd-Frank Act http://www.fca.gov. Once you are in the AGENCY: Farm Credit Administration. 1 Public Law 92 181, 85 Stat. 583, 12 U.S.C. 2001 Web site, select ‘‘Public Commenters’’, ACTION: Advance notice of proposed et seq. (December 10, 1971). then ‘‘Public Comments’’, and follow 2 rulemaking. Public Law 111–203, 124 Stat. 1376, (H.R. 4173), the directions for ‘‘Reading Submitted July 21, 2010.

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further provides that, to the extent cooperatives as program business.4 counterparties. We used ratings because feasible, agencies should adopt a Farmer Mac also provides a secondary they were readily and publicly uniform standard of creditworthiness market for USDA-guaranteed farm available. The use of NRSRO ratings was for use in regulations, taking into program and rural development loans. also, at the time, believed to offer account the entities regulated and the enhanced consistency in credit B. Risk-Based Capital and Credit purposes for which such regulated evaluation across different components Ratings entities would rely on the of the RBCST. In 2010, the Dodd-Frank creditworthiness standard. Under our rules, Farmer Mac’s Act addressed, in part, the structure of The FCA uses credit rating agency regulatory capital must be sufficient so credit rating agencies, requiring data in its RBCST regulations for Farmer that it would remain positive during the revisions and imposing other Mac. Section 8.32 of the Act required 10-year time horizon of the stress test. requirements in an effort to resolve the FCA to establish a risk-based capital One component of the RBCST accounts conflicts of interest and other stress test for Farmer Mac’s portfolio.3 for the risk of loss on specific types of difficulties believed to be at the center This stress test determines the level of program investments (i.e., investments of the 2008–2009 financial market crisis. regulatory capital necessary for Farmer backed by agricultural real estate The Dodd-Frank Act also questioned the Mac to maintain positive capital during mortgage loans, rural housing loans, or value of these ratings when used as the a 10-year period where stressful credit rural utility cooperative loans) that primary data source in the assessment of and interest rate conditions occur. We include credit enhancement features. In the creditworthiness of a security or first published regulations on the stress this context, credit risk is adjusted money market instrument. In test, and other requirements related to downward based on the whole-letter connection with that, the Dodd-Frank section 8.32 of the Act, in the Federal credit rating of the counterparty on Act requires every Federal agency to Register at 66 FR 19048 (April 12, AgVantage and similarly structured remove any reference to, or reliance on, 2001). Since then, we revised the stress assets. The adjustment is made to credit rating agencies in its regulations test several times, most recently to recognize the risk-reducing strength of and replace any such reference with an capture capital requirements for Farmer the counterparty’s general obligation alternative standard of credit worthiness Mac’s rural utilities authorities. The backing of these securities. These considered appropriate for the existing RBCST for Farmer Mac is securities are further backed by eligible regulatory purpose. As a result, we are contained in 12 CFR part 652, subpart loan collateral. seeking suggestions on what alternative B, and it currently relies, in part, on Another component of the RBCST data sources would be most appropriate NRSRO credit ratings when calculating estimates counterparty risk associated for the RBCST. regulatory minimum capital with non-program investments, e.g., requirements. corporate debt, asset-backed securities C. Considerations and Objectives for a We have comprehensively reviewed and mortgage-related securities. In this New Approach to Quantifying Relative our regulations that use or rely on credit context, the RBCST reduces earnings at Creditworthiness ratings, including other sections in part rates related to the cumulative historical FCA believes that any new standard 652 which govern Farmer Mac’s non- default and recovery rates of corporate of creditworthiness should distinguish program investments and liquidity debt by whole-letter credit rating between different levels of credit risk, in reserve requirements. This ANPRM is category as published by Moody’s an accurate and timely manner, and be one of several notices and proposed Investor Services.5 The RBCST’s transparent in its approach. We believe rules on which we will be seeking calculations in each of these two it should also be applied consistently public input relating to use of credit components use five whole-letter rating across the multiple components of the ratings in our rules. categories. It then assigns counterparties RBCST and be reasonably simple, while into these categories by referencing not unduly burdensome to apply and A. Farmer Mac Programs ratings issued by an NRSRO for the not be easily subject to manipulation. Under the Farmer Mac I program, counterparty. The regulations, in turn, FCA recognizes that any resulting FAMC guarantees prompt payment of specify the change in expected cash system will likely involve trade-offs principal and interest on securities flows during the stress period to reflect among these objectives, e.g., simple representing interests in, or obligations the risk of default by a counterparty versus accurate and timely, accurate and backed by, mortgage loans secured by based in part on the assigned ratings timely versus not burdensome to apply. first liens on agricultural real estate or category. The changes in cash flows To eliminate the use of NRSRO rural housing. It also purchases, or decrease projected losses on program ratings in calculating risk-based capital commits to purchase, qualified loans or assets and decrease earnings on non- requirements for Farmer Mac, we need securities backed by qualified loans program investments, which then to develop an alternative basis to assess directly from lenders. Under the Farmer translate to changes in equity over the counterparty risk. One approach may be Mac II program, FAMC purchases and modeling horizon and affect the to identify objective criteria that Farmer securitizes portions of certain loans required minimum regulatory capital Mac could apply to categorize credit guaranteed by the U.S. Department of calculated by the stress test. exposures into different risk classes and Agriculture, including farm ownership FCA initially chose to use NRSRO assess counterparty risk accordingly. and operating loans and rural business ratings in the RBCST as a source of The criteria may be broadly designated. and community development loans. objective and neutral third-party For example, credit exposures could be Farmer Mac also guarantees the timely assessments of the credit risk for divided into government and non- payment of principal and interest on the particular instruments and government, secured and unsecured, or securities created from these loans. In other categories, such as maturity. Such 2008, Congress granted Farmer Mac the 4 Section 5406 of Public Law 110–246, 122 Stat. a broad approach, however, may not be authority to purchase and guarantee 1651 (June 18, 2008) (repealing and replacing Pub. able to sufficiently and consistently securities backed by loans to rural L. 110–234). account for difference in relative risk 5 Emery K., Ou S., Tennant, J., Kim F., Cantor R., electric and telephone utility ‘‘Corporate Default and Recovery Rates, 1920– among exposures that fall into the same 2009,’’ published by Moody’s Investors Service, category. FCA may also consider 3 12 U.S.C. 2279bb–1. February 2010. adopting criteria that reference certain

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financial or other metrics related to the on an assessment of the counterparty’s questions and ask that you support your obligor or counterparty. To be creditworthiness. comments with relevant data or meaningful, the criteria would need to Questions (12) and (13) of Section III. examples. We remind commenters that account for or bear a reasonable of this ANPRM address this topic. comments and data submitted in correlation to the potential riskiness of E. Capital and Business Planning support of a comment are available to default among different obligors or the public through our rulemaking files. counterparties. Any criteria would also As part of this ANPRM, we are 1. What core principles would be need to be readily obtainable for all seeking input on how we might revise most important in FCA’s development relevant counterparties by FCA, Farmer § 652.60(b) on operational and strategic of new standards of creditworthiness? Mac and the public or it might not be business planning requirements to place 2. What qualitative and quantitative sufficiently transparent and objective. greater emphasis on diversity and standards would FCA need to set to The standards would need to ensure inclusion in both Farmer Mac’s implement an approach that relied on that the investment or position is not personnel as well as the borrowers and the Farmer Mac to generate internal speculative, and carries credit risk lenders who benefit from its secondary estimates of counterparty risk appropriate for Farmer Mac’s risk market activities. exposures? What are the strengths and profile and the authorized purposes for We believe an integral part of weaknesses of such an approach? non-program investments. As any new promoting and achieving inclusion and 3. Is it important that FCA’s approach counterparty risk evaluation approach is diversity can be accomplished through to replacing its reliance on credit rating initiated, there is the potential for an effective operational plan that agency data be consistent with that of increased risk as the new system is includes strategies to seek out qualified other financial regulators or with those implemented. loans from a diverse group of sources of other Farm Credit System FCA might also consider an approach and provides rural lenders with institutions? If so, how important and that builds on Farmer Mac’s internal financing products that serve a diverse why? credit review process and allows it to array of borrowers, such as small, 4. What specific creditworthiness or assign risk ratings to various categories beginning, new, disabled, female, and investment criteria should FCA use in and assess risk based on qualitative and minority farmers, ranchers, and rural its RBCST regulation? quantitative standards set by FCA homeowners, as well as cooperatives 5. What types of objective criteria regulations. For example, FCA could with diversity of ownership. We believe should be used to differentiate credit assign loss rate estimates based on promotion of inclusion and diversity exposures and apply meaningful Farmer Mac’s internal ratings or some should also extend to non-traditional counterparty risk estimates in the modification of such, as reviewed or agricultural producers, such as local RBCST? approved by FCA—or simply review or food systems, organic or specialty crop 6. Should different criteria be used for approve Farmer Mac’s mapping of its farmers, and community-supported different broad classes of investments or assigned risk ratings to estimated loss agriculture. exposures? If so, what perverse rates. This approach would be more Additionally, we are considering incentives or other unintended subjective than the alternative discussed whether Farmer Mac’s operational and consequences could that lead to? For above but could allow FCA to leverage strategic plans should include strategies example, could criteria that are the data collection and analysis already and actions to achieve diversity and perceived to be more flexible or performed by Farmer Mac. Under this inclusion within FAMC’s workforce, subjective for a given asset class incent approach, FCA would likely rely management, and governance structure, the regulated entity to accept a heavily on the supervisory process to as well as an assessment of the progress proportion of exposure to that asset make sure that Farmer Mac is strictly FAMC has made in this area. We are class relative to its entire program (or following its internal guidelines and not also contemplating whether the plans non-program) portfolio that it might assuming high levels of credit risk. should describe FAMC’s succession deem excessive without that incentive? Questions (1) through (11) of Section programs. 7. What approach would estimate a III of this ANPRM address this topic. Questions (14) and (15) of Section III. meaningful and consistent level of of this ANPRM address this topic. D. Counterparty Risk on Derivatives counterparty risk for a variety of As part of our Dodd-Frank Act review III. Request for Comments exposures by employing publicly and the increasing emphasis by the FCA regulations governing the Farmer available qualitative and quantitative financial industry on ensuring Mac RBCST contain specific references metrics, such as individual obligor appropriate prudential oversight of to credit ratings issued by NRSROs for credit spreads and/or financial ratio derivatives transactions, we are also purposes of calculating regulatory analysis to estimate probability of considering whether the RBCST should minimum capital requirements. FCA is default and recovery rates? include a more explicit and issuing this ANPRM to identify 8. Alternatively, could such estimates comprehensive capital charge for standards that may be appropriate be reasonably made at the level of the counterparty risk stemming from replacements for credit ratings issued by market (e.g., identifying an index of derivative transactions. NRSROs, which maintain compliance industry sector spreads and stratifying The RBCST produces a single with statutory design requirements for spreads into certain ranges) and mapped comprehensive capital requirement for the RBCST. Other regulatory agencies to loss rates set by FCA? Farmer Mac by modeling changes in have also issued ANPRMs as part of 9. How might a set of loss rates be cash flows under a specific statutory their process to address references to developed for each spread stratum? stress scenario. We believe there may be credit ratings in their capital regulations 10. Are there any existing objective opportunities to revise the RBCST to and prudential standards.6 We tools or approaches that could readily add a representation of counterparty encourage any interested person(s) to replace references to ratings issued by default exposure on derivatives submit comments on the following NRSROs in the RBCST? transactions by considering both net 11. What other approaches or replacement cost as well as current 6 See 75 FR 49423 (Aug. 13, 2010), 75 FR 52283 methodologies not discussed above exposure to individual cash flows based (Aug. 25, 2010), and 76 FR 5292 (Jan. 31, 2011). should FCA consider?

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12. What methodologies or owned or operated by minorities, the ACTION: Notice of proposed rulemaking; approaches should FCA consider to disabled, and women? If so, what would Correction. more explicitly incorporate a derivatives be the best method to apply such goals counterparty exposure charge into the to rural utility cooperatives (e.g., SUMMARY: This document corrects the RBCST? minority-managed cooperatives or formatting of text and charts published 13. What is the best manner of cooperatives that serve predominantly in the Federal Register of June 09, 2011 evaluating minimum capital minority residential customers or (76 FR 33818), regarding Protection of requirements on derivative counterparty minority-owned commercial Cleared Swaps Customer Contracts and customers)? exposures in the RBCST and should a Collateral; Conforming Amendments to 16. To what extent should FCA pre-processing model be constructed the Commodity Broker Bankruptcy (i.e., a sub-model used to derive inputs regulations require Farmer Mac to Provisions. into the RBCST) to represent this risk— develop a human capital plan as part of both in terms of missed individual its strategic and operational business FOR FURTHER INFORMATION CONTACT: contractual cash flows as well the plan to foster diversity in its workforce Robert Wasserman, 202–418–5092 or M. and succession planning? replacement cost on defaulted Laura Astrada, 202–418–7622. derivatives? If so, how should Dated: June 10, 2011. replacement costs be estimated? Mary Alice Donner, Correction 14. Should Farmer Mac be required to Acting Secretary, Farm Credit Administration In proposed rule document 2011– include strategies in its marketing plans Board. that address how its secondary market 10737, in the issue of Thursday, June [FR Doc. 2011–14985 Filed 6–15–11; 8:45 am] 09, 2011, on page 33864, in the last programs and products will be offered BILLING CODE 6705–01–P to all qualified borrowers, including: column, the text which begins ‘‘1. (a) Minorities, the disabled, and Sufficient Funds to Meet Non-XM and XM Customer Claims:’’ through to the women; COMMODITY FUTURES TRADING end of the chart on page 33877 should (b) Young, beginning, small, and COMMISSION family farms and cooperatives; or be replaced with the following: (c) Non-traditional agricultural 17 CFR Parts 22 and 190 BILLING CODE–P producers, such as local food systems, organic or specialty crop farmers and RIN Number 3038–AC99 the lenders who serve them? Why or Protection of Cleared Swaps Customer why not? Contracts and Collateral; Conforming 15. Should Farmer Mac’s marketing Amendments to the Commodity Broker plans set quantitative goals to increase Bankruptcy Provisions; Correction purchases of, or commitments to purchase, loans to young, beginning, AGENCY: Commodity Futures Trading small, and family farms, and those Commission.

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Issued in Washington, DC, on June 10, 20420; or by fax to (202) 273–9026. In 1961, VA promulgated 38 CFR 2011 by the Commission. Comments should indicate that they are 17.118(a) (recodified as current 38 CFR David A. Stawick, submitted in response to ‘‘RIN 2900– 17.154(a) in 1996) restating the statutory Secretary of the Commission. AN51—Service Dogs.’’ Copies of language, which at that time limited [FR Doc. 2011–14907 Filed 6–15–11; 8:45 am] comments received will be available for VA’s authority to the provision of guide BILLING CODE–C public inspection in the Office of dogs for blind veterans. Under both the Regulation Policy and Management, statutory and regulatory language VA Room 1063B, between the hours of may provide or furnish a guide dog to DEPARTMENT OF VETERANS 8 a.m. and 4:30 p.m., Monday through a veteran but is not required to do so. AFFAIRS Friday (except holidays). Please call VA interpreted ‘‘provide’’ in section (202) 461–4902 for an appointment. 1714 and ‘‘furnished’’ in § 17.154(a) to 38 CFR Part 17 (This is not a toll-free number.) In mean that VA need not actually addition, during the comment period, RIN 2900–AN51 purchase or acquire dogs for eligible comments may be viewed online veterans if there is an appropriate Service Dogs through the Federal Docket Management alternative. (We also note that nothing System (FDMS) at http:// in 38 U.S.C. 1714 requires VA to AGENCY: Department of Veterans Affairs. www.Regulations.gov. provide a dog to a disabled veteran—the ACTION: Proposed rule. statutory authority is that we ‘‘may’’ do FOR FURTHER INFORMATION CONTACT: Neal so). Accordingly, it has long been VA’s SUMMARY: The Department of Veterans Eckrich, Office of Patient Care Services policy to apply current § 17.154(a) by Affairs (VA) proposes to amend its (113), Veterans Health Administration, recognizing guide dogs that are obtained regulations concerning veterans in need Department of Veterans Affairs, 810 by the veteran from private (usually of service dogs. Under current Vermont Avenue, NW., Washington, DC non-profit) organizations dedicated to regulations, VA provides benefits to 20420, (202) 461–1804. (This is not a training guide dogs. In this manner, we veterans with guide dogs, and this toll-free number.) can rely on the professional expertise of rulemaking would broaden and clarify SUPPLEMENTARY INFORMATION: Pursuant these organizations without having to those benefits. This rulemaking would to 38 U.S.C. 1714(b) and (c), VA may house the animals and hire trainers. also implement new benefits related to provide to veterans enrolled under 38 Currently, VA regulations recognize service dogs. U.S.C. 1705 guide dogs trained for the only guide dogs and not service dogs. DATES: Comments must be received by aid of people who are blind and service To assist the veteran, VA provides VA on or before August 15, 2011. dogs trained for the aid of the hearing financial assistance for veterinary care, ADDRESSES: Written comments may be impaired or persons with a spinal cord and provides hardware required by the submitted through http:// injury or dysfunction or other chronic dog at no cost to the veteran. The www.regulations.gov; by mail or hand- impairment that substantially limits provision of travel benefits is authorized delivery to the Director, Regulations mobility. Under section 1714(d), VA is by current § 17.154(a), and the provision Management (02REG), Department of also authorized to provide certain travel of hardware is authorized by current Veterans Affairs, 810 Vermont Ave., expenses related to the provision of § 17.154(b). This proposed rule would NW., Room 1068, Washington, DC such dogs. authorize VA to provide benefits for

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eligible veterans in need of service dogs, other factors to discourage the use of may revise its regulations in order to and clearly define the benefit. new technologies and equipment to provide this service to our veterans. In 2001, Congress amended section maximize the independence of veterans. Proposed paragraph (c) would 1714 to provide that VA may also We believe that providing VA with establish criteria for obtaining a service provide service dogs for veterans with discretion to choose between a service dog recognized under this section for other disabilities. See Department of dog or assistive technology based on purposes of obtaining benefits. Under Veterans Affairs Health Care Programs medical judgment rather than cost- paragraphs (c)(1) and (2), we would Enhancement Act of 2001, Public Law effectiveness would ensure that VA’s recognize service dogs obtained through 107–135 (2001). This rulemaking would patients receive the highest quality of an organization that is accredited by implement that statutory amendment care that the VA-system can provide. Assistance Dogs International (ADI) or and would establish a single regulation Third, for the purposes of this section, the International Guide Dog Federation relating to the provision of assistive we would define substantial mobility (IGDF). Proof of completion would be dogs by VA. In so doing, we would impairment as a spinal cord injury or established by a certificate from the remove current § 17.154(a) and establish dysfunction or other chronic organization. ADI is an international the criteria proposed in § 17.148 so that impairment that substantially limits coalition of nonprofit organizations that the proposed rule would be the only mobility. In providing guide-dog train and place service dogs. ADI has regulatory authority for benefits related benefits, Congress intended to assist a established an accreditation procedure to service dogs. As explained below, the group of veterans whose visual for service dog organizations, setting proposed rule would offer the same impairment prevents them from minimum standards for safety and travel benefit offered under current physically moving about in society. In cleanliness of the training facility, fair § 17.154(a). The proposed rule would providing service-dog benefits for and ethical treatment of clients, proper also clarify that VA interprets section veterans with hearing or spinal cord health care for the dogs, humane 1714 as authorizing the provision of injuries or other chronic impairment training methods, screening the veterinary-care benefits and would that substantially limits mobility, suitability of dogs and clients, matching establish a clear procedure for awarding Congress intended to help veterans with dogs and clients, and compliance with such benefits. physical limitations. Both of these all relevant laws. ADI does not accredit Proposed paragraph (a) would define benefits increase a veteran’s overall organizations that provide guide dogs— service dogs as ‘‘guide or service dogs ability to move independently and ADI only does so for service-dog prescribed for a disabled veteran under safely in his or her home, community, organizations that train dogs to perform this section.’’ This rule would provide or both. However, the statute is silent as services for individuals with conditions the same benefit to all eligible veterans, to a veteran who can see and who does other than blindness. Accreditation of so it is unnecessary to distinguish dogs not have an injury that prevents full guide-dog programs is done by IGDF, by the services that they provide. For range of motion but who nevertheless with whom ADI has a joint protocol. example, we do not use the term ‘‘guide cannot move independently and safely ADI will only accredit guide-dog dogs’’, which appears under current 38 in his or her home, community, or both. programs if they are also involved in CFR 17.154, because for the purposes of Therefore, we would interpret chronic training service dogs, and even then ADI this rulemaking, veterans who are impairment that substantially limits accredits only that portion of the eligible due to blindness would receive mobility to include, but not be limited training related to service dogs—IGDF the same benefit. to, disabilities such as a traumatic brain accredits the guide-dog portion. IGDF Proposed paragraph (b) would injury that compromises the ability to does not accredit any non-guide dog establish the clinical requirements to make appropriate decisions based on programs. IGDF is an international obtain service-dog benefits. First, we environmental cues such as traffic lights coalition of member organizations. IGDF would authorize benefits only if the or a seizure disorder that renders a is committed to improving the guide veteran is diagnosed as having a visual, veteran immobile during and after a dog industry throughout the world and hearing, or substantial mobility seizure event. has published standards that cover a impairment. These requirements In 2009, Congress authorized VA to wide range of activities conducted by incorporate the eligibility criteria in provide service dogs for the aid of guide dog organizations, such as section 1714. Second, we would require persons with mental illnesses by organizational structure, fundraising, a clinical determination by a VA amending section 1714. Although VA recordkeeping, technical matters clinician, which would be based upon welcomes the possibility that trained relating to dog health and welfare, dog the clinician’s medical judgment that ‘‘it dogs may provide valuable services to and client training, and school facilities. is optimal for the veteran to manage veterans diagnosed with certain mental VA has reviewed ADI’s and IGDF’s such impairment and live illness, at this time we do not have any standards thoroughly, and we believe independently through the assistance of scientific data to determine, from a that they represent appropriate criteria a trained service dog.’’ By this, we purely clinical standpoint, whether or for training and placing guide and intend to exclude situations in which a when service dogs are most service dogs. We are also unaware of VA clinician’s medical judgment appropriately provided to veterans with any other organizations that similarly indicates that there are means other mental illness, including post-traumatic scrutinize the process of training and than a dog, such as technological stress disorder. In the National Defense placing guide or service dogs. We note devices or rehabilitative techniques, Authorization Act for Fiscal Year 2010, that there are no Federal regulations which would enable and encourage the Pub. L. 111–84 (2009), Congress governing the training of guide or veteran to live independently. To mandated a 3-year study on the service dogs, and VA does not have the emphasize this point, we would note effectiveness of dogs for mental health expertise, experience, or resources to that ‘‘[i]f other means (such as purposes. The results of this study will develop independent criteria. Therefore, technological devices or rehabilitative help us learn more about the services we would rely on ADI and IGDF therapy) will provide the same level of that trained dogs can provide for accreditation to conclude that a dog is independence, then VA will not veterans diagnosed with mental health qualified and capable of performing the authorize benefits under this section.’’ conditions. Upon the completion of the tasks that are clinically required by the VA does not intend to allow cost or any study and analysis of its results, VA medical determination prescribed under

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proposed paragraph (b)(2), i.e., that the able to continue to provide critical prescribes a future treatment event or an dog will benefit the veteran in a way assistance to a larger number of veterans ongoing course of treatment, the insurer that other assistive means cannot. and would ensure that the financial should be expected to notify the veteran For dogs acquired before the effective assistance provided by VA would not be that he or she may have some financial date of this rule, we would require the used to provide services that are not responsibility. Proposed paragraph veteran to provide a certificate showing directly related to the dogs’ ability to (d)(1)(ii) would require that the policy that the veteran and dog have completed provide assistive service. We believe guarantee coverage for all treatment, a training course offered by a guide or that limiting benefits for service dogs to subject to any annual caps that may be service dog organization in existence necessary veterinary care, hardware, in place under the policy, including before such date. We would limit this repairs to hardware, and travel expenses euthanasia, so long as it is determined authority to organizations that existed associated with obtaining a dog is to be medically necessary by a before the effective date of the similarly within the scope of the benefit veterinarian recognized by the regulation. The purpose of this authorized by Congress. insurance carrier. This is to ensure that paragraph is to ensure that veterans who Under proposed paragraph (d)(1), we the policy does not exclude medically obtained dogs prior to the publication of would provide, as the mechanism for necessary treatment. Proposed this regulation, but not through ADI or providing payment for veterinary care, paragraph (d)(1)(iii) would bar policies IGDF accredited organizations, would an insurance policy to every eligible from excluding dogs with preexisting be eligible for the benefits prescribed by veteran. Because VA does not employ conditions that do not prevent the dog this regulation. We would allow veterinarians, we lack the expertise to from being a service dog. veterans who obtained dogs through directly provide veterinary care, or to Under proposed paragraph (d)(2), VA such non-accredited organizations up to determine whether care is medically would provide any and all hardware 1 year after the effective date of this rule appropriate. We also lack the resources clinically determined to be needed by to obtain the required certification. to review whether a veterinarian is the dog to perform its task. Such Alternatively, the veteran and dog could appropriately licensed or charges hardware would include standard obtain the certification from ADI or appropriate fees for veterinary care. equipment such as harnesses for service IGDF described under proposed Thus, we have determined that an dogs. Often, service dogs will require paragraph (c)(1). insurance policy is the most efficient certain hardware in order to perform Proposed paragraph (d) would outline way to provide appropriate veterinary specific tasks for the unique needs of the benefits provided by VA under this care under this section, and we would each veteran, and VA would ensure that section. As required by section 1714(a) pay any premiums, copayments, or every veteran receives the equipment and (b), benefits would be based on the deductibles associated with the that fulfills his or her clinical needs. VA veteran being enrolled under 38 U.S.C. insurance policy. would also provide necessary repairs or 1705. Under proposed paragraph (d)(1)(i), replacements for such hardware. This is Although Congress has authorized VA we would require that VA, and not the consistent with current practice. In to provide service dogs and has veteran will be billed for any premiums, order to obtain hardware and/or repairs, expressly authorized the payment of copayments, or deductibles associated veterans would call the Prosthetics certain travel and incidental expenses with the policy. This is to ensure that Office at their local VA Medical Center related to a veteran’s adjustment to the the veteran is not overburdened when and specify the hardware needed or dog, Congress did not address certain obtaining care under this section. repairs to be made. The Office will then important aspects of the program. However, we would note that the provide the necessary hardware or Veterans who have been furnished a dog policies could be subject to an annual repairs. must also maintain the health of the cap, depending upon what policies are Under paragraph (d)(3), we propose to dog, and most will also need to actually negotiated when this rule implement 38 U.S.C. 1714(d), which purchase and maintain hardware related become effective. If an annual cap were allows VA to pay travel expenses to the use of the dog. Without financial in place, care that exceeds the ‘‘under the terms and conditions set assistance, some veterans may not be maximum authorized by the policy forth in [38 U.S.C. 111]’’ for a veteran able to afford such veterinary care and would be the responsibility of the who is provided a service dog. We hardware. We believe that providing veteran. Annual caps are a common propose to implement this provision by service dogs under the statute limitation on insurance policies for considering such veterans as eligible necessarily includes providing service dogs, and we intend to rely on beneficiaries under 38 CFR Part 70. This veterinary treatment and hardware, and the reasonable cost-control will facilitate administration of the repairs to such hardware, required by methodologies calculated by experts in benefit and will allow VA to avoid any the dog to perform in service to the the field of veterinary insurance. When additional expenses associated with veteran. Consistent with this determining which companies to form establishing a ‘‘new’’ travel benefit. We interpretation of our statutory authority, relationships with, of course, VA will believe that the language of 38 U.S.C. we propose to authorize payments for carefully review the maximum amounts 1714(d) can be read to interpret the care of service dogs that will help authorized for particular procedures, as obtaining a dog as ‘‘examination, maintain the dogs’ ability to perform as well as any annual caps on treatment, or care’’ under 38 U.S.C. 111. service dogs. However, we would not expenditures, to ensure that our In addition, 38 U.S.C. 111 limits provide assistance for additional veterans are getting the best insurance eligibility to certain veterans. Most (if expenses such as license tags, non- plan possible. To further protect not all) veterans who would be eligible prescription food, grooming, insurance veterans, we would require that the for a service dog will meet the eligibility for personal injury, non-sedated dental policy ensure advance notice whenever requirements of 38 U.S.C. 111. For cleanings, nail trimming, boarding, pet reasonably possible that a particular example, most will have a service- sitting or dog walking services, over-the- treatment may exceed the policy’s connected disability rated at 30 percent counter medications, or other goods and limits. Obviously, it may not be possible or more under 38 U.S.C. 111(b)(1)(B). services not expressly prescribed by to provide advance notice when an However, we would explicitly state in regulation. This limitation would help animal requires emergency care; the regulation that the limitations on ensure that VA’s service dog program is however, where a veterinarian eligibility found in section 111 (as well

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as in VA’s implementing regulations in overcome the handicap of blindness. In contain collections of information under 38 CFR Part 70) will not limit eligibility accordance with the proposed changes the Paperwork Reduction Act (44 U.S.C. for veterans seeking to obtain a dog. discussed above, we propose to revise 3501–3521). If OMB does not approve Again, we interpret section 1714(d) as § 17.154 by removing paragraph (a) and the collections of information as authorizing payment of travel expenses removing the designation of paragraph requested, VA will immediately remove associated with obtaining a service dog. (b), and by making technical revisions to the provisions containing a collection of Proposed paragraph (d)(4) would clarify the title and language to accord with the information or take such other action as the limitation of the benefits provided. removal of paragraph (a). It will is directed by OMB. We would exclude payment for any continue to authorize VA to provide Comments on the collections of expenses that are not clinically equipment to blind veterans. information contained in this proposed prescribed by a veterinarian or Effect of Rulemaking rule should be submitted to the Office otherwise authorized by the proposed of Management and Budget, Attention: rule. Our policy would be, in essence, We would rescind certain sections of Desk Officer for the Department of to treat the dog as a surrogate for an the following VHA Handbooks, which Veterans Affairs, Office of Information assistive device, requiring that the contain conflicting provisions. We and Regulatory Affairs, Washington, DC veteran use the device responsibly and would rescind ‘‘Aids for the Blind and 20503, with copies sent by mail or hand provide general care and maintenance. Visually Impaired,’’ 1173.05, paragraph delivery to: Director, Office of We would also clarify that VA will not 12, concerning issuance of guide dogs; Regulation Policy and Management take possession of, or responsibility for, ‘‘Eligibility,’’ 1173.1, paragraph 7(b)(1), (02REG), Department of Veterans the dog under any circumstances. referencing ‘‘veterinary treatment for Affairs, 810 Vermont Ave., NW., Room Finally, under proposed paragraph guide dogs;’’ and ‘‘Furnishing Prosthetic 1068, Washington, DC 20420; fax to (e), we would require that the dog Appliances and Services,’’ 1173.2, (202) 273–9026; or through http:// maintain its ability to function as a paragraph 4(a)(4), referencing www.Regulations.gov. Comments service dog in order for benefits to be ‘‘veterinary treatment for guide dogs.’’ should indicate that they are submitted provided under this section. We would Additionally, we would rescind the in response to ‘‘RIN 2900–AN51, provide that, when VA learns from any reference to ‘‘dog guide’’ in ‘‘Furnishing Service Dogs.’’ Prosthetic Appliances and Services,’’ source that the dog is unable to OMB is required to make a decision 1173.2, paragraph 4(c)(a)(2)(b), which maintain its assistive role, or VA concerning the collections of limits the Prosthetics Service Card determines that the veteran no longer information contained in this proposed amount to $100. Finally, we propose to requires the dog from a clinical rule between 30 and 60 days after amend the citations to current 38 CFR perspective, VA will provide the veteran publication of this document in the 17.154 to proposed § 17.148 and at least 30 days notice before benefits Federal Register. Therefore, a comment § 17.154 in ‘‘Benefits Overview,’’ are terminated. The determination of to OMB is best assured of having its full such continued ability will generally be 1601A.04, A–1(6) and A–7(22). effect if OMB receives it within 30 days made by either a veterinarian (if the Unfunded Mandates of publication. This does not affect the issue involves the animal’s health) or by deadline for the public to comment on a VA clinician (if the issue is whether The Unfunded Mandates Reform Act the proposed rule. the veteran still meets the clinical of 1995 requires, at 2 U.S.C. 1532, that VA considers comments by the public prerequisite for eligibility under agencies prepare an assessment of on proposed collections of information paragraph (b)(2)). The veteran may, but anticipated costs and benefits before issuing any rule that may result in an in— is not required to, notify VA or the • insurer that the dog is medically unable expenditure by state, local, and tribal Evaluating whether the proposed to maintain its role as a service dog. governments, in the aggregate, or by the collections of information are necessary However, we note that VA will not private sector, of $100 million or more for the proper performance of the provide the benefit for two dogs (adjusted annually for inflation) in any functions of VA, including whether the given year. This proposed rule would information will have practical utility; simultaneously, which is discussed in • the introductory text of proposed have no such effect on state, local, and Evaluating the accuracy of VA’s paragraph (d), so VA must first tribal governments, or on the private estimate of the burden of the proposed terminate the coverage for the dog that sector. collections of information, including the validity of the methodology and is no longer performing its duties before Paperwork Reduction Act it would cover the training of a new dog assumptions used; • to perform such services for the veteran. This proposed rule includes Enhancing the quality, usefulness, Since the veteran may often be the first provisions constituting collections of and clarity of the information to be person to know whether the dog can no information under the Paperwork collected; and longer perform its duties, we would Reduction Act (44 U.S.C. 3501–3521) • Minimizing the burden of the encourage the veteran to notify VA so that require approval by the Office of collections of information on those who that we may expedite the transfer of Management and Budget (OMB). are to respond, including through the benefits to a new dog, and make any Accordingly, under section 3507(d) of use of appropriate automated, other clinically appropriate the Act, VA has submitted a copy of this electronic, mechanical, or other arrangements for the veteran as the new rulemaking to OMB for review. OMB technological collection techniques or dog is trained. assigns a control number for each other forms of information technology, Current § 17.154(a) provides that VA collection of information it approves. e.g., permitting electronic submission of may furnish a guide dog for blind Except for emergency approvals under responses. veterans as well as travel expenses 44 U.S.C. 3507(j), VA may not conduct The proposed amendments to title 38, incurred by the veteran as a result of or sponsor, and a person is not required CFR Chapter 17 contain collections of adjustment to the guide dog. Current to respond to, a collection of information under the Paperwork § 17.154(b) provides that VA may information unless it displays a Reduction Act for which we are supply mechanical and/or electronic currently valid OMB control number. requesting approval by OMB. These equipment to beneficiaries to help Proposed § 17.148(c)(1) and (d)(2) collections of information are described

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immediately following this paragraph, a serious inconsistency or otherwise document on May 11, 2011, for under their respective titles. interfere with an action taken or publication. Title: Service Dogs. planned by another agency; (3) List of Subjects in 38 CFR Part 17 Summary of collection of information: materially alter the budgetary impact of The proposed rule at § 17.148(c) entitlements, grants, user fees, or loan Administrative practice and requires the veteran to either (1) provide programs or the rights and obligations of procedure, Alcohol abuse, Alcoholism, a certificate of completion from an ADI recipients thereof; or (4) raise novel Claims, Day care, Dental health, Drug or IGDF-certified organization if the legal or policy issues arising out of legal abuse, Foreign relations, Government service dog is acquired by the veteran mandates, the President’s priorities, or contracts, Grant programs—health, after the publication of the final rule; or the principles set forth in the Executive Government programs—veterans, Health (2) provide a certificate of completion Order. care, Health facilities, Health from any then-existing guide or service The economic, interagency, professions, Health records, Homeless, dog organization if the dog is acquired budgetary, legal, and policy Medical and dental schools, Medical prior to publication of the final rule. implications of this regulatory action devices, Medical research, Mental Description of the need for have been examined and it has been health programs, Nursing home care, information and proposed use of determined not to be a significant Reporting and recordkeeping information: This information is needed regulatory action under the Executive requirements, Scholarships and for VA to determine that the dog is Order. fellowships, Travel and transportation suitable for the clinical needs of the expenses, Veterans. Regulatory Flexibility Act veteran that it would be required to Dated: June 13, 2011. fulfill and is able to behave The Secretary hereby certifies that Robert C. McFetridge, appropriately in public. this proposed rule would not have a Description of likely respondents: Director, Regulation Policy and Management, significant economic impact on a Veterans. Office of General Counsel, Department of Estimated number of respondents per substantial number of small entities as Veterans Affairs. year: Approximately 600 veterans will they are defined in the Regulatory For the reasons stated in the need to provide certification for existing Flexibility Act, 5 U.S.C. 601–612. We preamble, VA proposes to amend 38 service dogs, and approximately 100 believe that most service-dog providers CFR part 17 as follows: veterans will obtain service dogs each that provide dogs to veterans are already year; therefore 700 submissions in year accredited in accordance with the PART 17—MEDICAL one and 100 submissions annually. proposed rule. We do not believe that gaining accreditation should result in a 1. The authority citation for part 17 Estimated frequency of responses per continues to read as follows: year: Veterans will submit certification significant financial burden, as the standards for approval by ADI and IGDF for approximately 600 existing service Authority: 38 U.S.C. 501, and as noted in dogs and 100 new service dogs each are reasonable thresholds that are specific sections. year; 700 submissions in year one and generally expected and accepted within the industry. The approximate cost to be 2. Add § 17.148 after the undesignated 100 submissions each year thereafter. center heading ‘‘PROSTHETIC, Estimated total annual reporting and an accredited organization by IGDF is a one-time fee of $795, with an annual fee SENSORY, AND REHABILITATIVE recordkeeping burden: It is expected AIDS’’, to read as follows: that this burden will take less than 5 of $318 and a per unit fee of $39.45. The minutes per veteran, per dog. The approximate cost to be an accredited § 17.148 Service dogs. estimated total annual reporting and organization by ADI is $1,000 every 5 (a) Definitions. For the purposes of recordkeeping burden is 3500 minutes years with annual fees of approximately this section: in year one and 500 minutes each year $50. The vast majority of accredited Service dogs are guide or service dogs thereafter. programs do not provide dogs to prescribed for a disabled veteran under veterans. Therefore, pursuant to 5 U.S.C. Executive Order 12866 this section. 605(b), this proposed rule is exempt (b) Clinical requirements. VA will Executive Order 12866 directs from the initial and final regulatory provide benefits under this section to a agencies to assess all costs and benefits flexibility analysis requirements of veteran with a service dog only if: of available regulatory alternatives and, sections 603 and 604. (1) The veteran is diagnosed as having when regulation is necessary, to select Catalog of Federal Domestic Assistance a visual, hearing, or substantial mobility regulatory approaches that maximize Numbers impairment; and net benefits (including potential (2) A VA clinician determines based economic, environmental, public health The Catalog of Federal Domestic upon medical judgment that it is and safety, and other advantages; Assistance numbers and titles are optimal for the veteran to manage such distributive impacts; and equity). The 64.009 Veterans Medical Care Benefits, impairment and live independently Executive Order classifies a ‘‘significant 64.010 Veterans Nursing Home Care and through the assistance of a trained regulatory action,’’ requiring review by 64.011 Veterans Dental Care. service dog. Note: If other means (such the Office of Management and Budget Signing Authority as technological devices or (OMB) unless OMB waives such review, rehabilitative therapy) will provide the as any regulatory action that is likely to The Secretary of Veterans Affairs, or same level of independence, then VA result in a rule that may: (1) Have an designee, approved this document and will not authorize benefits under this annual effect on the economy of $100 authorized the undersigned to sign and section. million or more or adversely affect in a submit the document to the Office of the (3) For the purposes of this section, material way the economy, a sector of Federal Register for publication substantial mobility impairment means the economy, productivity, competition, electronically as an official document of a spinal cord injury or dysfunction or jobs, the environment, public health or the Department of Veterans Affairs. John other chronic impairment that safety, or state, local or tribal R. Gingrich, Chief of Staff, Department substantially limits mobility. A chronic governments or communities; (2) create of Veterans Affairs, approved this impairment that substantially limits

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mobility includes but is not limited to necessary, including euthanasia, by any (Authority: 38 U.S.C. 1714) a traumatic brain injury that veterinarian who meets the [FR Doc. 2011–14933 Filed 6–15–11; 8:45 am] compromises a veteran’s ability to make requirements of the insurer. BILLING CODE 8320–01–P appropriate decisions based on (iii) The policy will not exclude dogs environmental cues (i.e., traffic lights or with preexisting conditions that do not dangerous obstacles) or a seizure prevent the dog from being a service ENVIRONMENTAL PROTECTION disorder that causes a veteran to become dog. AGENCY immobile during and after a seizure (2) Hardware, or repairs or event. 40 CFR Part 52 (c) Recognized service dogs. VA will replacements for hardware, that are recognize, for the purpose of paying clinically determined to be required by [EPA–R09–OAR–2011–0312; FRL–9319–8] benefits under this section, the the dog to perform the tasks necessary Revisions to the California State following service dogs: to assist the veteran with his or her (1) The dog and veteran must have impairment. To obtain such devices, the Implementation Plan, San Joaquin successfully completed a training veteran must contact the Prosthetic and Valley Unified Air Pollution Control program offered by an organization Sensory Aids Service at his or her local District (SJVUAPCD) accredited by Assistance Dogs VA medical facility and request the AGENCY: Environmental Protection International or the International Guide items needed. Agency (EPA). Dog Federation, or both (for dogs that (3) Payments for travel expenses ACTION: Proposed rule. perform both service- and guide-dog associated with obtaining a dog under assistance). The veteran must provide to paragraph (c)(1) of this section. Travel SUMMARY: EPA is proposing to approve VA a certificate showing successful costs will be provided only to a veteran revisions to the SJVUAPCD portion of completion issued by the accredited who has been prescribed a service dog the California State Implementation organization that provided such by a VA clinician under paragraph (b) Plan (SIP). These revisions concern program. of this section. Payments will be made volatile organic compounds (VOCs) (2) Dogs obtained before [date of as if the veteran is an eligible from architectural coatings. We are publication of final rule in the Federal beneficiary under 38 U.S.C. 111 and 38 approving a local rule that regulates Register] will be recognized if a guide CFR part 70, without regard to whether these emission sources under the Clean or service dog training organization in the veteran meets the eligibility criteria Air Act as amended in 1990 (CAA or the existence before [date of publication of as set for in 38 CFR part 70. Act). We are taking comments on this final rule in the Federal Register] (4) The veteran is responsible for proposal and plan to follow with a final certifies that the veteran and dog, as a action. team, successfully completed, no later procuring and paying for any items or DATES: Any comments must arrive by than [date 1 year after date of expenses not authorized by this section. July 18, 2011. publication of final rule in the Federal This means that VA will not pay for Register], a training program offered by items such as license tags, non- ADDRESSES: Submit comments, that training organization. The veteran prescription food, grooming, insurance identified by docket number EPA–R09– must provide to VA a certificate for personal injury, non-sedated dental OAR–2011–0312, by one of the showing successful completion issued cleanings, nail trimming, boarding, pet- following methods: by the organization that provided such sitting or dog-walking services, over-the- 1. Federal eRulemaking Portal: program. Alternatively, the veteran and counter medications, or other goods and http://www.regulations.gov. Follow the dog will be recognized if they comply services not covered by the policy. The on-line instructions. with paragraph (c)(1) of this section. dog is not the property of VA; VA will 2. E-mail: [email protected]. (d) Authorized benefits. VA will never assume responsibility for, or take 3. Mail or deliver: Andrew Steckel provide to a veteran enrolled under 38 possession of, any service dog. (Air-4), U.S. Environmental Protection U.S.C. 1705 only the following benefits (e) Dog must maintain ability to Agency Region IX, 75 Hawthorne Street, for one service dog at any given time in function as a service dog. To continue San Francisco, CA 94105–3901. accordance with this section: to receive benefits under this section, Instructions: All comments will be (1) A commercially available the service dog must maintain its ability included in the public docket without insurance policy that meets the to function as a service dog. If at any change and may be made available following minimum requirements: time VA learns from any source that the online at http://www.regulations.gov, (i) VA, and not the veteran, will be dog is medically unable to maintain that including any personal information billed for any premiums, copayments, or role, or VA makes a clinical provided, unless the comment includes deductibles associated with the policy; determination that the veteran no longer Confidential Business Information (CBI) however, the veteran will be responsible requires the dog, VA will provide at or other information whose disclosure is for any cost of care that exceeds the least 30 days notice to the veteran before restricted by statute. Information that maximum amount authorized by the benefits will no longer be authorized. you consider CBI or otherwise protected policy for a particular procedure, course should be clearly identified as such and (Authority 38 U.S.C. 501, 1714) of treatment, or policy year. If a dog should not be submitted through requires care that may exceed the 3. Revise § 17.154 to read as follows: http://www.regulations.gov or e-mail. http://www.regulations.gov is an policy’s limit, the insurer will, § 17.154 Equipment for blind veterans. whenever reasonably possible under the ‘‘anonymous access’’ system, and EPA circumstances, provide advance notice VA may furnish mechanical and/or will not know your identity or contact to the veteran. electronic equipment considered information unless you provide it in the (ii) The policy will guarantee coverage necessary as aids to overcoming the body of your comment. If you send e- for all treatment (and associated handicap of blindness to blind ex- mail directly to EPA, your e-mail prescription medications), subject to members of the Armed Forces entitled address will be automatically captured premiums, copayments, deductibles or to disability compensation for a service- and included as part of the public annual caps, determined to be medically connected disability. comment. If EPA cannot read your

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comment due to technical difficulties hard copy materials, please schedule an II. EPA’s Evaluation and Action and cannot contact you for clarification, appointment during normal business A. How is EPA evaluating the rule? EPA may not be able to consider your hours with the contact listed in the FOR B. Does the rule meet the evaluation comment. FURTHER INFORMATION CONTACT section. criteria? Docket: Generally, documents in the C. EPA Recommendations To Further FOR FURTHER INFORMATION CONTACT: docket for this action are available Improve the Rule David Grounds, EPA Region IX, (415) electronically at http:// D. Public Comment and Final Action 972–3019, [email protected]. www.regulations.gov and in hard copy III. Statutory and Executive Order Reviews at EPA Region IX, 75 Hawthorne Street, SUPPLEMENTARY INFORMATION: I. The State’s Submittal San Francisco, California. While all Throughout this document, ‘‘we,’’ ‘‘us’’ documents in the docket are listed at and ‘‘our’’ refer to EPA. A. What rule did the State submit? http://www.regulations.gov, some Table of Contents information may be publicly available Table 1 lists the rule addressed by this I. The State’s Submittal proposal with the dates that it was only at the hard copy location (e.g., A. What rule did the State submit? copyrighted material, large maps), and B. Are there other versions of this rule? adopted by the local air agency and some may not be publicly available in C. What is the purpose of the submitted submitted by the California Air either location (e.g., CBI). To inspect the rule revision? Resources Board (CARB).

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ...... 4601 Architectural Coatings...... 12/17/09 5/17/10

On June 8, 2010, EPA determined that Guidance and policy documents that D. Public Comment and Final Action the submittal for SJVUAPCD Rule 4601 we use to evaluate enforceability and Because EPA believes the submitted met the completeness criteria in 40 CFR other requirements consistently include rule fulfills all relevant requirements, part 51, Appendix V, which must be the following: we are proposing to fully approve it as met before formal EPA review. 1. ‘‘Issues Relating to VOC Regulation described in section 110(k)(3) of the Act. B. Are there other versions of this rule? Cutpoints, Deficiencies, and We will accept comments from the public on this proposal for the next 30 We finalized a limited approval/ Deviations,’’ EPA, May 25, 1988 (the days. Unless we receive convincing new limited disapproval on an earlier Bluebook). information during the comment period, version of Rule 4601 into the SIP on 2. ‘‘Guidance Document for Correcting we intend to publish a final approval 1/2/04 (69 FR 34). No versions were Common VOC & Other Rule action that will incorporate this rule adopted since then besides the 12/17/09 Deficiencies,’’ EPA Region 9, August 21, into the federally enforceable SIP. version. 2001 (the Little Bluebook). III. Statutory and Executive Order C. What is the purpose of the submitted 3. Control of Volatile Organic Reviews rule revision? Emissions from Existing Stationary Under the Clean Air Act, the VOCs help produce ground-level Sources, Volume I: Control Methods for Administrator is required to approve a ozone and smog, which harm human Surface Coating Operations (EPA–450/ SIP submission that complies with the health and the environment. Section 2–76–028, 11/76, NTIS PB–260–386). provisions of the Act and applicable 110(a) of the CAA requires States to 4. National VOC Emission Standards Federal regulations. 42 U.S.C. 7410(k); submit regulations that control VOC for Architectural Coatings (40 CFR 59 40 CFR 52.02(a). Thus, in reviewing SIP emissions. Rule 4601 limits VOC Subpart D, 9/11/98). submissions, EPA’s role is to approve emissions during architectural coating, 5. Technical Review Group’s State choices, provided that they meet storage and clean-up operations. EPA’s Proposed Architectural Coatings SCM the criteria of the Clean Air Act. technical support document (TSD) has (CARB, 1989). Accordingly, this action merely more information about this rule. 6. Suggested Control Measure for approves State law as meeting Federal II. EPA’s Evaluation and Action Architectural Coatings (CARB, 2000). requirements and does not impose additional requirements beyond those A. How is EPA evaluating the rule? B. Does the rule meet the evaluation imposed by State law. For that reason, Generally, SIP rules must be criteria? this action: enforceable (see section 110(a) of the • Is not a ‘‘significant regulatory We believe this rule is consistent with Act), must require Reasonably Available action’’ subject to review by the Office the relevant policy and guidance Control Technology (RACT) for each of Management and Budget under regarding enforceability, RACT, and SIP category of sources covered by a Control Executive Order 12866 (58 FR 51735, relaxations. The TSD has more Techniques Guidelines (CTG) document October 4, 1993); as well as each major source in information on our evaluation. • Does not impose an information nonattainment areas (see sections C. EPA Recommendations To Further collection burden under the provisions 182(a)(2) and (b)(2)), and must not relax Improve the Rule of the Paperwork Reduction Act (44 existing requirements (see sections U.S.C. 3501 et seq.); 110(l) and 193). The SJVUAPCD The TSD describes one additional rule • Is certified as not having a regulates an ozone nonattainment area revision that we recommend for the next significant economic impact on a (see 40 CFR part 81), but Rule 4601 does time the local agency modifies the rule substantial number of small entities not regulate major sources, so Rule 4601 but is not currently the basis for rule under the Regulatory Flexibility Act need not fulfill RACT. disapproval. (5 U.S.C. 601 et seq.);

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• Does not contain any unfunded DEPARTMENT OF HOMELAND 372–1407, e-mail mandate or significantly or uniquely SECURITY [email protected]. If you have affect small governments, as described questions on viewing or submitting in the Unfunded Mandates Reform Act Coast Guard material to the docket, call Renee V. of 1995 (Pub. L. 104–4); Wright, Program Manager, Docket 46 CFR Part 10 Operations, telephone 202–366–9826. • Does not have Federalism SUPPLEMENTARY INFORMATION: implications as specified in Executive [Docket No. USCG–2004–17455] Order 13132 (64 FR 43255, August 10, Request for Comments RIN 1625–AA85 1999); If you submit a comment, please • Is not an economically significant Validation of Merchant Mariners’ Vital include the docket number for this regulatory action based on health or Information and Issuance of Coast rulemaking (USCG–2004–17455), safety risks subject to Executive Order Guard Merchant Mariner’s Licenses indicate the specific section of this 13045 (62 FR 19885, April 23, 1997); and Certificates of Registry (MMLs) document to which each comment • applies, and provide a reason for each Is not a significant regulatory action AGENCY: Coast Guard, DHS. suggestion or recommendation. You subject to Executive Order 13211 (66 FR ACTION: Notice of intent with request for may submit your comments and 28355, May 22, 2001); comments. material online (via http:// • Is not subject to requirements of www.regulations.gov) or by fax, mail, or Section 12(d) of the National SUMMARY: The Coast Guard is advising hand delivery, but please use only one Technology Transfer and Advancement the public of its intent to finalize of these means. If you submit a regulations previously published as an Act of 1995 (15 U.S.C. 272 note) because comment online via http:// interim rule on January 13, 2006. The IR application of those requirements would www.regulations.gov, it will be was published to amend the maritime be inconsistent with the Clean Air Act; considered received by the Coast Guard personnel licensing rules to include when you successfully transmit the and new security requirements when • comment. If you fax, hand deliver, or Does not provide EPA with the mariners apply for original, renewal, mail your comment, it will be discretionary authority to address and raise-of-grade licenses and considered as having been received by disproportionate human health or certificates of registry, but was never the Coast Guard when it is received at environmental effects with practical, published as a final rule. Because of the the Docket Management Facility. We appropriate, and legally permissible lapse in time since the interim rule recommend that you include your name methods under Executive Order 12898 publication, the Coast Guard is seeking and a mailing address, an e-mail (59 FR 7629, February 16, 1994). comments from the public on one address, or a phone number in the body remaining section of the interim rule of your document so that we can contact In addition, this rule does not have that has remained unfinalized. The you if we have questions regarding your tribal implications as specified by Coast Guard intends to finalize this one submission. Executive Order 13175 (65 FR 67249, section of the interim rule. To submit your comment online, go to November 9, 2000), because the SIP is DATES: Comments must be received on http://www.regulations.gov, click on the not approved to apply in Indian country or before August 15, 2011. ‘‘submit a comment’’ box, which will located in the State, and EPA notes that ADDRESSES: You may submit comments then become highlighted in blue. In the it will not impose substantial direct identified by docket number USCG– ‘‘Select Document Type’’ drop down costs on tribal governments or preempt 2004–17455 using any one of the menu select ‘‘Proposed Rule’’ and insert tribal law. following methods: ‘‘USCG–2004–17455’’ in the ‘‘Enter Keyword or ID’’ box. Click ‘‘Search’’ List of Subjects in 40 CFR Part 52 (1) Federal eRulemaking Portal: http://www.regulations.gov. then click on the balloon shape in the Environmental protection, Air (2) Fax: 202–493–2251. ‘‘Actions’’ column. If you submit your pollution control, Intergovernmental (3) Mail: Docket Management Facility comments by mail or hand delivery, relations, Reporting and recordkeeping (M–30), U.S. Department of submit them in an unbound format, no 1 requirements, Volatile organic Transportation, West Building Ground larger than 8 ⁄2 by 11 inches, suitable for compounds. Floor, Room W12–140, 1200 New Jersey copying and electronic filing. If you Avenue, SE., Washington, DC 20590– submit comments by mail and would Authority: 42 U.S.C. 7401 et seq. 0001. like to know that they reached the Dated: May 19, 2011. (4) Hand delivery: Same as mail Facility, please enclose a stamped, self- Jared Blumenfeld, address above, between 9 a.m. and addressed postcard or envelope. 5 p.m., Monday through Friday, except We will consider all comments and Regional Administrator, Region IX. material received during the comment [FR Doc. 2011–15000 Filed 6–15–11; 8:45 am] Federal holidays. The telephone number is 202–366–9329. To avoid duplication, period and may change this proposed BILLING CODE 6560–50–P please use only one of these four rule based on your comments. methods. See the ‘‘Public Participation Viewing Comments and Documents and Request for Comments’’ portion of To view comments, as well as the SUPPLEMENTARY INFORMATION section documents mentioned in this preamble below for instructions on submitting as being available in the docket, go to comments. http://www.regulations.gov, click on the FOR FURTHER INFORMATION CONTACT: If ‘‘read comments’’ box, which will then you have questions on this proposed become highlighted in blue. In the rule, call or e-mail Mr. Gerald Miante, ‘‘Enter Keyword or ID’’ box insert Maritime Personnel Qualifications ‘‘USCG–2004–17455’’ and click Division, Coast Guard; telephone 202– ‘‘Search.’’ Click the ‘‘Open Docket

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Folder’’ in the ‘‘Actions’’ column. You However, subsequent rulemakings have times, and excessive expenses to visit may also visit the Docket Management addressed the majority of the interim one of only 17 Regional Exam Centers Facility in Room W12–140 on the rule provisions. As a result, the Coast (RECs) for fingerprinting and ground floor of the Department of Guard intends to finalize the single identification checks. The commenters Transportation West Building, 1200 remaining section that has not been felt this was extremely burdensome and New Jersey Avenue, SE., Washington, addressed in subsequent rulemakings. created a hardship for most mariners DC 20590, between 9 a.m. and 5 p.m., The most recent significant who work or reside a long distance from Monday through Friday, except Federal rulemaking documents for rulemakings the nearest REC. In addition, the holidays. We have an agreement with addressing the interim rule provisions commenters felt long wait times at the the Department of Transportation to use are as follows: 1 (1) Transportation RECs increased this burden. This the Docket Management Facility. Worker Identification Credential (TWIC) proposal, the commenters believed, Implementation in the Maritime Sector; would not make the industry any safer Privacy Act Hazardous Materials Endorsement for a and would cost excessive time and Anyone can search the electronic Commercial Driver’s License (74 FR money, plus make more work for the form of comments received into any of 13114); (2) Seafarer’s Training, Coast Guard. The commenters also felt our dockets by the name of the Certification and Watchkeeping Code that the cost of maintaining one’s individual submitting the comment (or (STCW Code) (75 FR 13715); (3) credential may have been a deterrent for signing the comment, if submitted on Maritime Identification Credentials (74 new entrants into the merchant marine. behalf of an association, business, labor FR 2865); (4) Consolidation of Merchant One hundred and fifty four union, etc.). You may review a Privacy Mariner Qualification Credentials (74 commenters suggested that instead of Act notice regarding our public dockets FR 11196); (5) Training and Service requiring visits to one of only 17 RECs, in the January 17, 2008, issue of the Requirements for Merchant Marine the Coast Guard should have allowed Federal Register (73 FR 3316). Officers (73 FR 52789); (6) Large mariners to visit local law enforcement, Department of Motor Vehicles/Motor Public Meeting Passenger Vessel Crew Requirements (74 FR 47729); and (7) Crewmember Vehicle Administrations, Federal We do not now plan to hold a public Identification Documents (74 FR 19135). Bureau of Investigation (FBI), Coast meeting. But you may submit a request The one section of the January 13, Guard Marine Safety Units, and other for one on or before July 6, 2011 using 2006 interim rule that has remained field offices both temporary and one of the four methods specified under unfinalized is 46 CFR 10.107(b): permanent. Locations such as post ADDRESSES. Please explain why you Definitions in subchapter B, specifically, offices can take secure fingerprints for believe a public meeting would be the definition of ‘‘Dangerous drug’’ purposes such as passports, so the beneficial. If we determine that one defined as ‘‘a narcotic drug, a controlled commenters felt the Coast Guard should would aid this rulemaking, we will hold substance, or a controlled-substance allow mariners more options. The one at a time and place announced by analogue (as defined in section 102 of commenters suggested that the Coast a later notice in the Federal Register. the Comprehensive Drug Abuse and Guard could also send traveling teams For information on facilities or Control Act of 1970 (21 U.S.C. 802)).’’ of examiners to places where a large services for individuals with disabilities This definition was originally published number of applicants might require or to request special assistance at the in the January 13, 2006 interim rule as fingerprints and identification checks, public meeting, contact Mr. Gerald 46 CFR 10.103. The subsequent and that the Coast Guard could notify Miante, Maritime Personnel rulemaking, Consolidation of Merchant mariners, shipping companies, and Qualifications Division, Coast Guard; at Mariner Credentials, redesignated unions (through the local media), as to the telephone number or e-mail address Definitions in subchapter B, to 46 CFR when and where these teams would be indicated under the FOR FURTHER 10.107(b) (74 FR 11216). Our intent is to at any given time. INFORMATION CONTACT section of this finalize this one remaining section of Fifteen commenters asked the Coast notice. the interim rule in its current Guard to rescind the interim rule and work with industry to come up with a designation, 46 CFR 10.107(b), and we Abbreviations better system for fingerprint and are asking for comment on this section identification checks. The commenters § Section symbol only. You may submit a comment to the FBI Federal Bureau of Investigation encouraged the Coast Guard to explore docket using one of the methods FR Federal Register less burdensome and expensive ways to specified under ADDRESSES. MMC Merchant Mariner Credential accomplish this goal while providing a MMD Merchant Mariner’s Document Discussion of Comments way to ensure all licensed mariners are NMC National Maritime Center As a result of our request for identified and properly screened. REC Regional Examination Center Thirteen commenters expressed fear TSA Transportation Security comments in the interim rule published Administration on January 13, 2006 in the Federal that the RECs may not have the TWIC Transportation Worker Identification Register (71 FR 2154), the Coast Guard manpower to provide fingerprinting and Credential heard from 364 respondents ID verification service and that the U.S.C. U.S. Code representing mariners and the industry. system will be overwhelmed. The commenters suggested that a traveling Basis and Purpose The respondents submitted numerous comments addressing a wide range of Coast Guard team also visit maritime On January 13, 2006, the Coast Guard issues related to the interim rule. A schools, where there was a large published in the Federal Register (71 discussion of the comments follows. concentration of mariners wishing to FR 2154) an interim rule with request One hundred and eighty commenters renew or upgrade their credentials. These problems have been overcome for comments. The interim rule noted that the interim rule requirements by other Coast Guard rulemakings, described maritime personnel licensing resulted in lost work time, long travel rules to include new security including the Transportation Workers requirements when mariners apply for 1 To find all the rulemaking documents associated Identification Card (TWIC) rulemaking, original, renewal, and raise-of-grade with the rulemakings listed here, you can view each which requires certain mariners who licenses and certificates of registry. rulemaking’s docket on http://www.regulations.gov. hold Coast Guard credentials to also

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hold a TWIC, and the Consolidation of license-only holders must go through Fingerprinting and ID checks are Merchant Mariner Qualification the fingerprinting and identification- needed to perform the background Credentials rulemaking, which removed check process. check required by Coast Guard the requirement to appear at an REC for Five commenters suggested that the regulations. those mariners who must enroll for a Coast Guard work with the TSA for Seven commenters stated that the TWIC. Moreover, the Transportation fingerprinting and identification Coast Guard should have allowed for Security Agency (TSA) has set up more verification. public meetings in several locations than 150 enrollment centers around the The TWIC rulemaking has addressed around the nation before publication of country at which cards may be applied this issue. Those mariners who are not the interim rule. for and distributed. Those mariners who required to obtain a TWIC must still Given the urgency at the time, the are not required to obtain a TWIC must undergo another vetting process. Coast Guard decided to issue an interim still undergo another vetting process. Fourteen commenters argued that rule to make the regulations effective as Six commenters said the interim rule fingerprints should only be necessary on soon as possible. Due to subsequent should not apply to operators of the first issuance of an MMC because rulemakings that provided an uninspected passenger vessels. Also, the fingerprints do not change over time. opportunity for public comment (see the commenter noted, some of those Also, the commenters believed that ‘‘Basis and Purpose’’ section of the mariners work on inland lakes and renewal applicants already had their preamble), the Coast Guard, at this time, rivers where there are no Maritime fingerprints on file, making it easy to is only finalizing one remaining section Transportation Security Act-regulated detect if someone were to try to renew of the interim rule that has remained facilities and many work on small an existing license fraudulently. unfinalized: § 10.107(b): Definitions in passenger vessels or family-owned To apply for an MMC, a mariner must subchapter B, specifically, the offshore supply vessels where risk of a have a valid TWIC, which requires a full definition of ‘‘Dangerous Drug’’. We security incident is minimal. set of fingerprints at each 5-year have determined that a public meeting The Coast Guard publishes renewal. Those mariners who are not is not necessary, but those wishing to regulations that implement laws passed required to obtain a TWIC must still request one should follow the by Congress. Section 102 of the undergo another vetting process, which procedures outlined above under Maritime Transportation Security Act of also requires the submission of ‘‘Public meeting’’. 2002, as codified in Title 46 U.S. Code fingerprints in order to perform an Two commenters suggested that the (46 U.S.C.) section 70105(b)(2), required updated background check. Fingerprints renewal process for credentials take that every Coast Guard-credentialed can change somewhat with age and place at local Coast Guard stations. mariner, and other specific mariners, especially after working with hand- According to Coast Guard regulations, obtain a TWIC. As noted above, TSA abrasives, chemicals, etc. Additionally, maintains more than 150 enrollment renewal applications are submitted to fingerprints kept on file for long periods the National Maritime Center (NMC), centers. However, the Coast Guard of time can also degrade, making them Authorization Act of 2010 modified the through an REC, for evaluation and unsuitable for matching purposes. processing. The U.S. Coast Guard’s TWIC requirement for mariners by One commenter asked if a mariner NMC has recently completed limiting it to only those mariners who renewing his or her license for restructuring and centralizing the need unescorted access to secure spaces continuity would be required to give Mariner Licensing and Documentation on vessels required to have a security fingerprints and undergo an ID check. plan under 46 U.S.C. chapter 701. No. Renewals for continuity (MLD) program in order to reduce However, those mariners who are not credentials do not require fingerprints. credential processing time, improve required to obtain a TWIC must still Three commenters objected to using customer service, and ensure the undergo a vetting process. convictions in foreign courts against any consistency and quality of U.S. Ten commenters stated that a Coast mariner wishing to renew their credentials issued to more than 210,000 Guard license was not an identity credentials. mariners. The major components of this document, and since a license was not The TSA has jurisdiction over this project include: Centralizing many MLD an identity document, and was not matter. For additional information on functions that had historically been intended to be one, a license heist was disqualifying crimes, please see the performed at 17 RECs at the NMC, not a likely terrorist consideration. TWIC final rule revising 49 CFR which is now located in Martinsburg, The commenters are correct that a 1572.103: Disqualifying Criminal WV; streamlining credential production Coast Guard license is not an identity Offenses (72 FR 3492). Those mariners processes at the NMC; aligning the document. The fact that identity checks who are not required to obtain a TWIC organization of the RECs so that they and fingerprinting are required to obtain must still undergo another vetting report directly to the NMC; and a license does not in itself mean that the process. relocating the MLD program policy Coast Guard considers the license to be One commenter stated that the functions to U.S. Coast Guard an identity document. At the time the licensing procedure should not be headquarters. interim rule was published, the halted while the Coast Guard produces One commenter noted that mariners Merchant Mariner Document (MMD) a final rule on the issue. are required to give fingerprints and was the primary identity document for An interim rule was necessary from undergo ID checks every 5 years (and a mariner. Currently, the TWIC serves as an enforcement perspective until the have to travel longer distances to do so) the primary identity document. A TWIC process became operable. while aliens are required to renew their license or a Merchant Mariner Licensing was not suspended during Green Cards every 10 years. Credential (MMC) is a professional this period. The Coast Guard’s 5-year renewal qualification document. The Coast One commenter said it is unnecessary process is mandated by law (Title 46 Guard is concerned that any vessel for a credential holder to give U.S.C. 7106). master not required to hold an MMD fingerprints and submit to an ID check One commenter said that the results could be in a position to cause serious in order to renew a credential because of the fingerprinting and background damage to terminals, bridges, and that credential did not enable access to checks required every 5 years should vessels along inland routes. Therefore, security facilities or information. not change past determinations and

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findings on individuals under the guise are not required to obtain a TWIC must system performance has the average of security. still undergo another vetting process. credential being processed in The 5-year renewal process is in place Mariners who feel they were unfairly approximately 17 days of net processing to ensure the mariner’s record is denied a credential, can appeal under time with greater than 80 percent being current. As discussed above, the process available from TSA (49 CFR under 30 days. This is significantly less fingerprints can change somewhat with 1515) and/or the Coast Guard (46 CFR than the system performance while age and fingerprints kept on file for long 1.03). Those mariners who are not business was conducted at 17 disparate periods of time can also degrade, required to obtain a TWIC must still RECs. Performance at RECs varied making them unsuitable for matching undergo another vetting process. significantly for many reasons. Among purposes. Additionally, the Coast Guard One commenter asked if the Coast other benefits, centralization brings must ensure background checks contain Guard thought the state of Montana was consistency across the program. Records current information. Without this, there a legitimate terrorist target and asked were and are archived from the RECs to is a break in the chain of trust that could what a terrorist attack in the state would Federal Records Centers just as they are present a lapse of security. accomplish. from the centralized NMC. Electronic Two commenters stated that the A terrorist attack could happen records are backed up routinely. requirement to give fingerprints at an anywhere in the United States, and the Records at any location are subject to REC each time a mariner wishes to Coast Guard will require vetting of every loss from natural or man induced renew or upgrade his or her credentials merchant mariner seeking a credential. reasons. The NMC still continues to deal was arrogant and inconsiderate of the Please note that credentials are a with cases of records lost due to burden it places on the industry. The Federal document and allow the holder Hurricane Katrina in New Orleans. The commenters believed it did little to to operate anywhere inland in the U.S., centralized location of the NMC has less enhance national security and asked coastwise, or in foreign waters subject potential natural perils than most of the why it was necessary to continually only to the restrictions on the coastally located RECs. When the RECs submit fingerprints at an REC while credentials’ face. were doing evaluations, they were still One commenter expressed concern military personnel can submit accessing the same electronic system over the allowance of birth certificates fingerprints at their stations. that they and the centralized NMC and foreign passports as allowable Beginning April 15, 2009, TSA access today. There are redundant identification. Another commenter took collects fingerprints and proof of systems and backups to mitigate any issue with the specific types of IDs identity and forwards that information lost time due to equipment and power accepted for verification. to the NMC to perform a background failure. The Coast Guard understands the One commenter noted a conflict in 46 check. The Coast Guard will also be able commenters’ concerns. However, this to obtain certain information from the CFR 10.209 regarding the requirements requirement is moot as identification of identity documents. record TSA created when the mariner required for MMLs is addressed by the enrolled for his or her TWIC. Therefore, New regulations are in place TWIC final rule which requires all regarding identity verification. mariners will not have to appear at an mariners who hold Coast Guard REC. Those mariners who are not Therefore, this comment is now moot. credentials to also hold a TWIC. Those One commenter was in favor of the required to obtain a TWIC must still mariners who are not required to obtain changes in the interim rule because new undergo another vetting process. a TWIC must still undergo another security requirements make sense in One commenter said it is unnecessary vetting process. See 49 CFR 1572.17, see today’s world. for mariners to submit identity also 46 CFR 10.221. The Coast Guard thanks the verification for a duplicate credential if One commenter asked the Coast commenter and agrees. a credential is lost, stolen, or burned. Guard if fingerprinting/ID checks were One commenter, who held a The Coast Guard disagrees. When a so critical, why the Coast Guard mails commercial pilot’s license, asked why a duplicate credential is issued, the Coast the credential to an address at which mariner seeking a master’s license must Guard needs to re-verify the identity of someone other than the intended jump through so many hoops, including the mariner. Without this, there is a recipient might be waiting to intercept the $145 fee required for the license break in the chain of trust that presents it. itself and the requirement to renew a lapse of security. The Coast Guard acknowledges the every 5 years. One commenter said that arrest commenter’s concern. However, this Under statutory mandate, a mariner’s records need not be revealed, concern has been addressed for license is valid for 5 years and may be referenced, or discussed in any matter mariners requiring a TWIC, which must renewed, with the required background during the credentialing process when be activated in person to complete the checks, for additional 5-year periods. 46 the outcome is in question. The ‘‘chain of trust’’. Those mariners who U.S.C. 7106. The Coast Guard has commenter also suggested removing are not required to obtain a TWIC must statutory authority to set fees for misdemeanor convictions altogether still undergo another vetting process. mariner services or things of value. 46 from being a criterion by which a One commenter called into question U.S.C. 2110. The fee is determined by mariner or applicant is judged for centralizing Marine Licensing and the actual time and motion costs to the certification and licensure. Documentation with the NMC and Coast Guard for the required evaluation, Although arrest records are not clear moving it to Martinsburg, WV. By doing exam (if any), and issuance of the evidence of guilt, and therefore denial of this, the commenter said, all records license. credentialing is based on a court could be wiped out with one calamity. One commenter disagreed with determination, the arrest serves as part The commenter was afraid that reducing reducing the number of ‘‘service of the record and is needed for full facilities to one location would have the centers’’ to 17 RECs and believed the determination as required by 46 CFR opposite effect on the backlog. Also, the user fees added a substantial financial 10.211. The Coast Guard acknowledges commenter asked what happens when burden to mariners. the commenter’s concern. However, the system is down or has no power. The interim rule did not reduce the these issues have been resolved in the This comment is beyond the scope of number of ‘‘service centers’’ or RECs. TWIC rulemaking. Those mariners who this rulemaking. However, current The current number of 17 RECs has

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been in place since 1982. As stated in mariner’s STCW endorsements. The DEPARTMENT OF HOMELAND the response to the previous commenter, TWIC now serves as the mariner’s SECURITY the Coast Guard has statutory authority identity document. Please see the TWIC to set fees for mariner services or things rulemaking for clarification. Coast Guard of value. 46 U.S.C. 2110. One commenter noted that more than One commenter took issue with the 46 CFR Part 12 half of the personnel at Washington Coast Guard issuing an interim rule Island Ferry Line Inc., were not required without seeking comment from [Docket No. USCG–2003–14500] industry. to be licensed. RIN 1625–AA81 Mariners who require no license or Due to the immediate needs for MMC were not expected to follow the heightened security measures to be Validation of Merchant Mariners’ Vital procedures in the interim rule. implemented, the publication of an Information and Issuance of Coast However, mariners are encouraged to interim rule with a request for Guard Merchant Mariner’s Documents check with local authorities to see if a comments allowed the Coast Guard to (MMDs) TWIC is necessary in a given port area. immediately implement regulations One commenter expressed concern AGENCY: Coast Guard, DHS. needed to protect national security. about raising the standards defining ACTION: Notice of intent with request for However, the interim rule did allow for ‘‘conviction’’, which could disqualify comments. some mariners from consideration when the public to comment on the rule trying to obtain a credential. The before it became final. Those comments SUMMARY: The Coast Guard is advising commenter noted that there were are summarized above. Since the public of its intent to finalize situations where persons who have publication of the interim rule, the regulations previously published as an made mistakes, paid their debt to Coast Guard, TSA, and the Department interim rule on January 6, 2004. The society and were living as responsible of Homeland Security have considered interim rule (IR) was published to citizens, and they should be given a and addressed the public’s concerns in enhance the application procedures for better opportunity to obtain a credential. the regulations listed above in the the Merchant Mariner Licensing and The Coast Guard agrees with this ‘‘Background’’ section of this document, Documentation program, which were commenter, that persons who have been as these same concerns were raised necessary to improve maritime safety convicted in the past may in fact qualify upon promulgation of those other rules. and promote the national security for work as a mariner. Not all crimes interest of the United States, but was serve as permanent disqualifiers, and Intent To Finalize; Request for never published as a final rule. Because there are procedures in place to allow Comments of the lapse in time since the interim rule publication, the Coast Guard is for waivers or review of certain The Coast Guard invites further convictions when the individual can seeking comments from the public on comments related to this Notice of show that they are not a security or one remaining section of the interim Intent to finalize the one section of the safety risk. Please see TSA appeal and rule that has remained unfinalized. The January 13, 2006 interim rule that has waiver procedures for security threat Coast Guard intends to finalize this one assessments for individuals at 49 CFR remained unfinalized, 46 CFR 10.107(b): section of the interim rule. Definitions in subchapter B, specifically, Part 1515, see also Coast Guard DATES: Comments must be received on Merchant Mariner Credential, criminal the definition of ‘‘Dangerous drug’’. or before August 15, 2011. Written comments and responses record review at 46 CFR 10.211. ADDRESSES: You may submit comments related to finalizing this definition will Two commenters said credential identified by docket number USCG– be added to the docket number for this renewals and upgrades needed to only 2003–14500 using any one of the rulemaking (USCG–2004–17455). Upon establish that the candidate was the following methods: same person who received the original close of the comment period, the Coast (1) Federal eRulemaking Portal: license and suggest the Coast Guard Guard will consider all comments http://www.regulations.gov. authorize employers to certify the received. We anticipate that we will be (2) Fax: 202–493–2251. identification of candidates. The able to finalize 46 CFR 10.107(b) soon (3) Mail: Docket Management Facility commenters noted that employers were thereafter. (M–30), U.S. Department of trusted to certify sea service and Dated: June 9, 2011. Transportation, West Building Ground presence in a drug-testing pool. F.J. Sturm, Floor, Room W12–140, 1200 New Jersey Identification verification meets only Avenue, SE., Washington, DC 20590– half of the criteria for the process of Acting Director of Commercial Regulations and Standards. 0001. obtaining a credential. Candidates must (4) Hand delivery: Same as mail also give fingerprints so the authorities [FR Doc. 2011–14920 Filed 6–15–11; 8:45 am] address above, between 9 a.m. and can conduct background checks. Also, BILLING CODE 9110–04–P 5 p.m., Monday through Friday, except TSA requires personal appearance at an Federal holidays. The telephone number enrollment center for fingerprinting and is 202–366–9329. To avoid duplication, ID checks as part of the TWIC process. please use only one of these four Please see the TWIC rulemaking for methods. See the ‘‘Public Participation clarification. and Request for Comments’’ portion of One commenter wanted the Coast the SUPPLEMENTARY INFORMATION section Guard to create an MMC that a mariner below for instructions on submitting can carry in his or her pocket. The NMC began issuing the MMC in comments. early 2009 as a mariner’s professional FOR FURTHER INFORMATION CONTACT: If qualifications document. It incorporates you have questions on this proposed the legacy license, MMD and/or rule, call or e-mail Mr. Gerald Miante, Certificate of Registry as well as a Maritime Personnel Qualifications

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Division, Coast Guard; telephone 202– ‘‘Search.’’ Click the ‘‘Open Docket States. However, subsequent 372–1407, e-mail Folder’’ in the ‘‘Actions’’ column. You rulemakings have addressed the [email protected]. If you have may also visit the Docket Management majority of the interim rule provisions. questions on viewing or submitting Facility in Room W12–140 on the As a result, the Coast Guard intends to material to the docket, call Renee V. ground floor of the Department of finalize the single remaining section Wright, Program Manager, Docket Transportation West Building, 1200 that has not been addressed in Operations, telephone 202–366–9826. New Jersey Avenue, SE., Washington, subsequent rulemakings. SUPPLEMENTARY INFORMATION: DC 20590, between 9 a.m. and 5 p.m., The most recent significant Monday through Friday, except Federal rulemaking documents for rulemakings Request for Comments holidays. We have an agreement with addressing the interim rule provisions If you submit a comment, please the Department of Transportation to use are as follows 1: (1) Transportation include the docket number for this the Docket Management Facility. Worker Identification Credential (TWIC) rulemaking (USCG–2003–14500), Implementation in the Maritime Sector; Privacy Act indicate the specific section of this Hazardous Materials Endorsement for a document to which each comment Anyone can search the electronic Commercial Driver’s License (74 FR applies, and provide a reason for each form of comments received into any of 13114); (2) Seafarer’s Training, suggestion or recommendation. You our dockets by the name of the Certification and Watchkeeping Code may submit your comments and individual submitting the comment (or (STCW Code) (75 FR 13715); (3) material online (via http:// signing the comment, if submitted on Maritime Identification Credentials (74 www.regulations.gov) or by fax, mail, or behalf of an association, business, labor FR 2865); (4) Consolidation of Merchant hand delivery, but please use only one union, etc.). You may review a Privacy Mariner Qualification Credentials (74 of these means. If you submit a Act notice regarding our public dockets FR 11196); (5) Training and Service comment online via http:// in the January 17, 2008, issue of the Requirements for Merchant Marine www.regulations.gov, it will be Federal Register (73 FR 3316). Officers (73 FR 52789); (6) Large considered received by the Coast Guard Public Meeting Passenger Vessel Crew Requirements when you successfully transmit the (74 FR 47729); and (7) Crewmember comment. If you fax, hand deliver, or We do not now plan to hold a public Identification Documents (74 FR 19135). mail your comment, it will be meeting. But you may submit a request The one section of the January 6, 2004 considered as having been received by for one on or before July 6, 2011 using interim rule that has remained the Coast Guard when it is received at one of the four methods specified under unfinalized is 46 CFR 12.01–1(a)(1): the Docket Management Facility. We ADDRESSES. Please explain why you Purpose of rules in this part, which recommend that you include your name believe a public meeting would be states the rules are to provide a and a mailing address, an e-mail beneficial. If we determine that one ‘‘comprehensive and adequate means of address, or a phone number in the body would aid this rulemaking, we will hold determining and verifying the identity, of your document so that we can contact one at a time and place announced by citizenship, nationality, and you if we have questions regarding your a later notice in the Federal Register. professional qualifications an applicant submission. For information on facilities or must possess to be eligible for To submit your comment online, go to services for individuals with disabilities certification to serve on merchant http://www.regulations.gov, click on the or to request special assistance at the vessels of the United States’’. Our intent ‘‘submit a comment’’ box, which will public meeting, contact Mr. Gerald is to finalize this one remaining section then become highlighted in blue. In the Miante, Maritime Personnel of the interim rule, and we are asking ‘‘Select Document Type’’ drop down Qualifications Division, Coast Guard; at for comment on this section only. You menu select ‘‘Proposed Rule’’ and insert the telephone number or e-mail address may submit a comment to the docket ‘‘USCG–2003–14500’’ in the ‘‘Enter indicated under the FOR FURTHER using one of the methods specified Keyword or ID’’ box. Click ‘‘Search’’ INFORMATION CONTACT section of this under ADDRESSES. then click on the balloon shape in the notice. ‘‘Actions’’ column. If you submit your Discussion of Comments Abbreviations comments by mail or hand delivery, As a result of our request for submit them in an unbound format, no § Section symbol comments in the interim rule published larger than 81⁄2 by 11 inches, suitable for FR Federal Register MMD Merchant Mariner’s Document on January 6, 2004 in the Federal copying and electronic filing. If you Register, (69 FR 526), the Coast Guard submit comments by mail and would NMC National Maritime Center REC Regional Examination Center heard from eight respondents like to know that they reached the TSA Transportation Security representing mariners and the industry. Facility, please enclose a stamped, self- Administration The respondents submitted numerous addressed postcard or envelope. TWIC Transportation Worker Identification comments addressing a wide range of We will consider all comments and Credential issues related to the interim rule. A material received during the comment U.S.C. U.S. Code discussion of the comments follows. period and may change this proposed Basis and Purpose One commenter requested a public rule based on your comments. hearing in order to ‘‘develop a complete On January 6, 2004, the Coast Guard and accurate record regarding the Viewing Comments and Documents published in the Federal Register (69 provisions and consequences of the To view comments, as well as FR 526) an interim rule with request for interim rule.’’ documents mentioned in this preamble comments. The interim rule described The Coast Guard believes a public as being available in the docket, go to enhancements to the application hearing is unnecessary. This rulemaking http://www.regulations.gov, click on the procedures for the Merchant Mariner qualifies as an informal rulemaking ‘‘read comments’’ box, which will then Licensing and Documentation program, become highlighted in blue. In the which were necessary to improve 1 To find all the rulemaking documents associated ‘‘Enter Keyword or ID’’ box insert maritime safety and promote the with the rulemakings listed here, you can view each ‘‘USCG–2003–14500’’ and click national security interest of the United rulemaking’s docket on http://www.regulations.gov.

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under Sec. 553 of the Administrative suitable person’’, ‘‘criminal record be good for 5 full years with renewal Procedure Act, and as such does not check’’, and ‘‘National Driver Register dates falling on the mariner’s birthday, require formal hearing procedures. The (NDR)’’ with specific language in 46 and that current documents should be Coast Guard believes that the CFR 10.107. Mariners who feel they extended as necessary to implement this commenter’s desire for a complete and were unfairly denied a credential can change. accurate record of rulemaking actions appeal under the process available from Title 46 U.S.C. 7302(f) currently states related to this interim rule is available the Transportation Security that an MMD is valid for 5 years and in the public docket USCG–2003–14500, Administration (TSA) (49 CFR 1515) may be renewed for an additional 5-year available online by going to http:// and/or the Coast Guard (46 CFR 1.03). period. To help alleviate the problem regulations.gov, inserting USCG–2003– Those mariners who are not required to created by the 5-year validity period, the 14500 in the ‘‘Keyword’’ box, and then obtain a TWIC must still undergo NMC is issuing credentials that have a clicking ‘‘Search.’’ another vetting process. delayed start-date to coincide with the One commenter looked favorably on Five commenters stated that, in expiration date of the previous the removal of the term ‘‘shipping addition to the current 17 Regional credential. commissioner’’ and the removal of Examination Centers (RECs), additional One commenter pointed out that the social security numbers from the locations were needed for mariners to interim rule is unrealistic because it Merchant Mariners Documents (MMDs). show proof of identity and be focuses on only one aspect of security At each revision, the Coast Guard fingerprinted. without addressing other areas where attempts to update terminology in its This comment has been overcome by enhanced security is necessary. regulations. In this rulemaking events with the establishment of the Two commenters expressed concern specifically, we removed social security TWIC rulemaking. Those mariners who that mariners on deep-draft U.S. flag numbers from MMDs to safeguard are not required to obtain a TWIC must vessels pose the least risk to national mariners’ personally identifiable still undergo another vetting process, security and that threats to national information. We believe that changes which requires a showing of proof of security lie in exceptions to such as these better serve the mariners. identity and provision of fingerprints. documentation requirements for One commenter said that the Coast The Coast Guard agrees that maximizing mariners on inland waters and/or those Guard does not understand and fails to the number of locations where this may serving on vessels of less than 100 gross communicate with lower-level mariners. be accomplished is best, and is tons (GRT). The commenters The Coast Guard disagrees. The Coast evaluating the options available for how recommended that persons on all types Guard communicates with all branches to best meet mariners’ identification of vessels be required to undergo a of the maritime community through needs. However, this is beyond the security screening. publications, Web sites, responses to scope of this rulemaking finalizing one These comments have been overcome inquiries, and other personal and mass remaining section: 46 CFR 12.01–1(a)(1): by events with the establishment of the media efforts. In fact, the Merchant Purpose of rules in this part. TWIC rulemaking. In addition, there are Marine Personnel Advisory Committee One commenter said the RECs are approved courses available for has several ‘‘limited-service’’ mariners unable to provide adequate services to company, facility, and vessel security as members while several other mariners while performing current officer training as well as security members represent companies that duties and that the RECs’ attempt ‘‘to familiarization for other crewmembers. employ these mariners. MERPAC accomplish even more with fewer One commenter pointed out that the periodically studies and discusses resources is the basis of the current Coast Guard should require criminal issues pertinent to limited-service problem with the RECs.’’ record disclosure in applications for mariner employment and advancement, One commenter predicted that the mariner credentials, but should not such as Able Seamen Qualifications and RECs will be unable to provide timely continuously require repeated ratings attaining Officer in Charge of a identification and fingerprinting documentation of previously disclosed Navigational Watch and Officer in services. information. Charge of an Engineering Watch coming These comments have been overcome The Coast Guard agrees that the up through the hawsepipe. by events with the establishment of the application process should be updated One commenter warned that ‘‘adding TWIC rulemaking. Those mariners who and simplified. As one major step, the extra and vague requirements to the are not required to obtain a TWIC must Coast Guard has centralized all already burdensome ones’’ will only still undergo another vetting process. mariners’ credential records at the NMC. serve to drive more people away from One of these commenters also stated This new process may, in the future, the maritime industry. that evaluators should be trained, negate the need for repeated collection The Coast Guard agrees that excessive temporary licenses and documents of established reporting. regulatory burdens must be avoided. should be issued, a hotline should be set Two commenters called for a clear However, extra security measures are a up to receive credential-related and workable appeals process in the reality for all transportation sectors. inquiries, and that the licensing event that a mariner is denied a Making ports, facilities, and vessels procedures should be simplified. credential. One of these commenters more secure is a part of doing business These subjects are not directly related stated the Coast Guard can withhold any in today’s world that cannot be avoided. to this rulemaking but were considered explanation of the reason for disproving New security measures take extra effort during subsequent revisions of the an MMD. from all parties—government, industry, entire subchapter, 46 CFR subchapter B. The Coast Guard agrees with the and the individual mariner—and we As part of documentation commenters and has comprehensively believe these measures are not centralization at the National Maritime revised the regulation. The Coast Guard excessive. Center (NMC) in West Virginia, has developed an appeals process for The Coast Guard also agrees with the evaluators are being trained, and extra mariners who believe they were commenter that ‘‘vague requirements’’ evaluators may be applied to any surges wrongly denied a credential. The appeal should be avoided. To make our that might occur. process is available from the TSA (See requirements more clear, we have One commenter stated that 5-year 49 CFR 1515) and/or the Coast Guard provided definitions of ‘‘safe and renewals of MMDs and licenses should (See 46 CFR 1.03). Those mariners who

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are not required to obtain a TWIC must However, we note that the regulatory These subjects are not directly related still undergo another vetting process. evaluations which accompanied the to this rulemaking but were addressed We received many comments relating TWIC rulemaking considered many of with the Consolidation of Merchant to our estimates of costs in the interim the comments regarding cost estimation Mariner Qualification Credentials final final rule. Three commenters stated that we received here. rule, which removed and reserved 46 applicant visits to an REC for the One commenter believed that CFR 12.02–4 and 12.02–9. (74 FR purposes of showing identification and regulations in effect prior to the interim 11196). Application regulations for all fingerprinting could not be rule create a presumption of adequacy, endorsements are now contained in 46 accomplished in 1 hour, and that the 1- and that further safety and security CFR 10.209. hour approximation was checks were unnecessary. Intent To Finalize; Request for underestimated. The Coast Guard does not agree. As Two commenters stated that 1-day part of the Coast Guard’s goal of Comments round-trip travel does not constitute increasing security in all aspects of the The Coast Guard invites further close proximity to an REC, and that the maritime domain, all mariners who then comments related to this Notice of 100-mile average was unreasonable for held an MMD were screened to Intent to finalize the one section of the 1-day round-trip travel to an REC. determine if they presented a potential January 6, 2004 interim rule that has Three commenters disagreed with the security risk to our nation. As a result, remained unfinalized, 46 CFR 12.01– Coast Guard’s travel cost estimate that the Coast Guard found instances where 1(a)(1): Purpose of rules in this part. most mariners live within 1-day round an applicant had been issued a Written comments and responses trip travel of an REC. credential and was later found to pose related to finalizing 46 CFR 12.01– One commenter stated that several a threat to security. The prior 1(a)(1) will be added to the docket mariners in the Great Lakes Basin did regulations did not require mariners to number for this rulemaking (USCG– not live in close proximity to an REC. have their fingerprints taken at the 2003–14500). Upon close of the Another commenter stated that the RECs, and it allowed a candidate to comment period, the Coast Guard will assumptions used by the Coast Guard in submit a fingerprint card from an consider all comments received. We calculating travel costs for applicants uncontrolled location. Similarly, the anticipate that we will be able to did not adequately reflect real travel prior regulations allowed renewal of finalize 46 CFR 12.01–1(a)(1) soon costs in the Great Lakes. documents by mail and an applicant’s thereafter. One commenter stated that the cost in identity could not be verified. The new the interim rule looked at the cost on a regulations require a candidate’s Dated: June 9, 2011. 5-year basis, but in the long term, there presence before the Coast Guard or its F.J. Sturm, was an enormous cost impact for all authorized agent to be certain that the Acting Director of Commercial Regulations mariners given the multiple renews person applying for the document can and Standards. required during the course of a career. validate his or her identity and the [FR Doc. 2011–14921 Filed 6–15–11; 8:45 am] One commenter stated that the Coast fingerprints are indeed those of the BILLING CODE 9110–04–P Guard’s analysis was not correct to say, applicant. ‘‘not all mariners will incur costs from Three commenters believed that the this rule.’’ The commenter further stated regulation concerning a ‘‘safe and FEDERAL COMMUNICATIONS that every mariner seeking a new or suitable person’’ and one’s ‘‘character COMMISSION reissue MMD was going to incur costs. and habits of life’’ was vague, lacked One commenter stated that the hours criteria for making this determination, 47 CFR Part 15 spent traveling should be acknowledged and did not provide adequate safeguards [ET Docket Nos. 11–90 and 10–28; FCC 11– as the opportunity cost of the to the mariner. Additionally, one of 79] individual’s wages. these commenters added that the Five commenters said the costs to ‘‘character and habits of life’’ standard Operation of Radar Systems in the 76– mariners and the total cost of this would infringe on the mariners’ First 77 GHz Band rulemaking were underestimated. Amendment rights and ignored the One commenter wanted clarification Supreme Court’s limiting construction. AGENCY: Federal Communications on the application of convictions for The Coast Guard agrees and changes Commission. misdemeanors and was concerned about to the terms were made with the ACTION: Proposed rule. its effect on recruitment and retention. Consolidation of Merchant Mariner One commenter suggested that Qualification Credentials final rule. 74 SUMMARY: In this document the anyone who was denied a credential FR 11196. Commission proposes to amend rules to because of a safety and security check One commenter believed that the enable enhanced vehicular radar should be advised in writing as to the requirement in 46 CFR 12.02–4(a) was technologies in the 76–77 GHz band to reason without exception. too harsh. improve collision avoidance and driver One commenter said that an One commenter wanted clarification safety. Vehicular radars can determine administrative law judge should make regarding 46 CFR 12.02–4(c) as it related the exact distance and relative speed of final decisions on appeals. to applicants who have been arrested objects in front of, beside, or behind a One commenter argued that the but not convicted. car to improve the driver’s ability to definition of the term ‘‘safety and One commenter suggested revising 46 perceive objects under bad visibility security check’’ should include a CFR 12.02–9(a), which read, ‘‘The Coast conditions or objects that are in blind statement on the extent of the check that Guard may refuse to process an spots. These modifications to the rules may be performed. incomplete MMC application.’’ by will provide more efficient use of These comments have been overcome replacing the word ‘‘process’’ with the spectrum, and enable the automotive by events with the establishment of the words ‘‘issue a credential based upon’’. and fixed radar application industries to TWIC rulemaking. Those mariners who One commenter asked for a definition develop enhanced safety measures for are not required to obtain a TWIC must for the word ‘‘incomplete’’ in 46 CFR drivers and the general public. The still undergo another vetting process. 12.02–9(a). Commission takes this action in

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response to petitions for rulemaking • Electronic Filers: Comments may be authorization for unlicensed 76–77 GHz filed by Toyota Motor Corporation filed electronically using the Internet by band radars to allow their use in fixed (‘‘TMC’’) and Era Systems Corporation accessing the ECFS: http:// infrastructure systems. These (‘‘Era’’) fjallfoss.fcc.gov/ecfs2/. modifications to the rules will provide • DATES: Comments must be filed on or Paper Filers: Parties who choose to more efficient use of spectrum, and before July 18, 2011, and reply file by paper must file an original and enable the automotive and fixed radar comments must be filed on or before one copy of each filing. If more than one application industries to develop August 1, 2011. docket or rulemaking number appears in enhanced safety measures for drivers the caption of this proceeding, filers and the general public. This action is FOR FURTHER INFORMATION CONTACT: must submit two additional copies for taken in response to petitions for Aamer Zain, Office of Engineering and each additional docket or rulemaking rulemaking filed by Toyota Motor Technology, (202) 418–2437, e-mail: number. Corporation (TMC) and Era Systems [email protected], TTY (202) 418– Filings can be sent by hand or Corporation (Era). 2989. messenger delivery, by commercial 2. The 76–77 GHz band offers ADDRESSES: You may submit comments, overnight courier, or by first-class or advantages for vehicular and fixed radar identified by ET Docket Nos. 11–90 and overnight U.S. Postal Service mail. All systems, such as precise real-time 10–28, by any of the following methods: filings must be addressed to the monitoring of the position and speed of • Federal Communications Commission’s Secretary, Office of the vehicles. The Commission’s proposals Commission’s Web Site: http:// Secretary, Federal Communications are intended to foster the development fjallfoss.fcc.gov/ecfs2/. Follow the Commission. of improved radar systems that offer instructions for submitting comments. • All hand-delivered or messenger- significant safety benefits to the general • Mail: Aamer Zain, Electronics delivered paper filings for the public. The Commission also foresees Engineer, Office of Engineering and Commission’s Secretary must be economic benefits such as economies of Technology, 445 12th Street, SW., Room delivered to FCC Headquarters at 445 scale and broader marketplace demand 7–A110, Washington, 20554 12th St., SW., Room TW–A325, that may be attained if both the U.S. and • People with Disabilities: Contact the Washington, DC 20554. The filing hours other markets use the 76–77 GHz band FCC to request reasonable are 8 a.m. to 7 p.m. All hand deliveries for fixed and vehicular radar systems. accommodations (accessible format must be held together with rubber bands Furthermore, the Commission believes documents, sign language interpreters, or fasteners. Any envelopes and boxes that the changes in power levels and use CART, etc.) by e-mail: [email protected] must be disposed of before entering the suggested by TMC and Era will not or phone: 202–418–0530 or TTY: 202– building. result in any increased potential of 418–0432. • Commercial overnight mail (other interference to licensed services. For detailed instructions for than U.S. Postal Service Express Mail 3. TMC filed a petition for rulemaking submitting comments and additional and Priority Mail) must be sent to 9300 requesting that the emission limits be information on the rulemaking process, East Hampton Drive, Capitol Heights, modified for vehicular radar systems see the SUPPLEMENTARY INFORMATION of MD 20743. operating within the 76–77 GHz band. this document. • U.S. Postal Service first-class, Specifically, TMC requested that the SUPPLEMENTARY INFORMATION: This is a Express, and Priority mail must be Commission eliminate the ‘‘in-motion’’ summary of the Commission’s Notice of addressed to 445 12th Street, SW., and ‘‘not-in-motion’’ distinctions in the Proposed Rule Making, ET Docket No. Washington DC 20554. emission limits for vehicular radar 11–90, FCC 11–79, adopted May 24, People with Disabilities: To request systems and establish a single emission 2011 and released May 25, 2011. The materials in accessible formats for limit that applies in all directions from full text of this document is available for people with disabilities (braille, large a vehicle. inspection and copying during normal print, electronic files, audio format), 4. The Commission believes there is business hours in the FCC Reference send an e-mail to [email protected] or call merit to TMC’s request to modify the Center (Room CY–A257), 445 12th the Consumer & Governmental Affairs emissions limits for vehicular radar Street, SW., Washington, DC 20554. The Bureau at 202–418–0530 (voice), 202– systems, and to eliminate the ‘‘in- complete text of this document also may 418–0432 (tty). motion’’ and ‘‘not-in-motion’’ be purchased from the Commission’s distinction in limits for millimeter wave Summary of Notice of Proposed copy contractor, Best Copy and Printing, vehicular radar systems. Therefore, the Rulemaking Inc., 445 12th Street, SW., Room, CY– Commission proposes to modify its B402, Washington, DC 20554. The full 1. In the Notice of Proposed Rule rules for vehicular radar systems text may also be downloaded at: Making (NPRM), the Commission operating in the 76–77 GHz band as http://www.fcc.gov. proposes to modify §§ 15.35 and 15.253 TMC requests. The Commission of its rules to enable enhanced vehicular proposes to modify § 15.253 of its rules Comment Period and Procedures radar technologies in the 76–77 GHz to increase the average power density Pursuant to §§ 1.415 and 1.419 of the band to improve collision avoidance limit to 50 dBm (88 μW/cm2 at 3 m) and Commission’s rules, 47 CFR 1.415, and driver safety. Vehicular radars can decrease the peak power density limit to 1.419, interested parties may file determine the exact distance and 55 dBm (279 μW/cm2 at 3m) for comments and reply comments on or relative speed of objects in front of, vehicular radar systems regardless of the before the dates indicated on the first beside, or behind a car to improve the illumination direction of the vehicular page of this document. Comments may driver’s ability to perceive objects under radar system as reflected in the be filed using: (1) The Commission’s bad visibility conditions or objects that proposed rules set forth in Appendix A. Electronic Comment Filing System are in blind spots. The Commission The Commission seeks comments on (ECFS), (2) the Federal Government’s proposes to eliminate the existing this proposal. The proposed emission eRulemaking Portal, or (3) by filing requirement that vehicular radars limits would extend to vehicular radar paper copies. See Electronic Filing of decrease power when the vehicle on systems illuminating in any of the Documents in Rulemaking Proceedings, which the radar is mounted is stopped, mentioned directions (forward, rear or 63 FR 24121 (1998). or not in motion, and to expand the side). This action would make the rules

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governing the vehicular radar emission rules limiting operation to vehicle- the proposals requested by Era. The limit in United States to be more mounted radars were adopted, there was Commission believes that fixed radars comparable to those set forth outside the no practical experience with vehicular operating at the same maximum power United States and therefore benefit the radars in the 76–77 GHz band, and the levels as vehicle-mounted radars will be automotive industry in terms of new rules were made very conservative to less likely to interfere with the RAS and product development and cost assure that such radars would not Radiolocation services than vehicle- reduction. receive interference from other users of mounted radars because the location 5. The existing separate in-motion and the band. Era contends that subsequent where they are used would not change. not-in-motion emission limits were experience in other countries has shown The Commission also believes that fixed adopted to prevent unnecessary and that the requirement that radars operate radars should be able to co-exist with prolonged harmful human exposure to only on moving vehicles is overly vehicular radars because they would RF radiation. The motion status of the restrictive. It requests that the both operate with the same power level vehicle was given special consideration Commission relax this requirement and and because both would use antennas due the fact that vehicles that are not in suggests several alternative approaches with narrow beamwidths, thus reducing motion could result in human exposure for modifying the rules to allow fixed the chances that the signal from one to radiation for longer time durations radar use, primarily at airports. The radar would be within the main lobe of than a moving vehicle. However, suggested approaches are: (1) Limit the receive antenna of the other. In a because the proposed emission limit of fixed radars to airports and other worst case scenario where two radars μ 2 88 W/cm is below the current average applications that do not illuminate are aimed directly at each other, fixed threshold limit of 1 mW/cm2 adopted public roads; (2) require either radar should have no more impact on a for human exposure to RF radiation, the compliance with the ETSI standard or vehicular radar system than another in-motion and not-in-motion criteria strict compatibility testing for any vehicular system would. become unnecessary for safety purposes. system that illuminates public roads; or 10. The Commission seeks comment The Commission therefore proposes (3) mandate compliance with the ETSI on whether it should allow unlicensed emission limits independent of the standard for all 76 GHz radar systems. fixed radar applications to operate motion status of the vehicle. The Era does not express a preference for within the 76–77 GHz band, and on the Commission seeks comments on these which of these approaches it believes appropriateness of the proposed power proposals. the Commission should adopt. levels. The Commission also seeks 6. In proposing the new emission comment on whether there is a need to limit, the Commission recognizes 9. The Commission agrees with Era limit fixed radar applications to specific NRAO’s concerns about possible that the current rules should be relaxed locations such as airports and/or interference, but note that the peak limit to allow the operation of fixed radars in locations where they are not aimed at recommended by Toyota is lower than the 76–77 GHz band on an unlicensed publicly accessible roads as suggested the current peak limit. This reduced basis. It therefore proposes to permit by Era, or if some alternative criteria limit will increase the level of fixed radars to operate in the 76–77 GHz would be more appropriate. interference protection afforded to RAS band in addition to vehicular radar Commenters recommended operational systems and other authorized users of systems, and to require that such fixed restrictions such as these should also the 76–77 GHz band. The Commission radar systems meet the proposed limits address how they could be practically agrees with TMC’s assessment that there for vehicular radar systems as well as enforced for unlicensed devices. In is very little likelihood that vehicular the maximum permissible RF exposure addition, the Commission seeks radar systems operating at either the levels set forth in the rules. The comment on whether specific technical current or proposed limits would cause Commission believes that, based on requirements are necessary to allow co- harmful interference to radio astronomy Era’s representations, use of the fixed existence of fixed and vehicular radars equipment. Accordingly, the radar devices in this band will enhance in the 76–77 GHz band (e.g., antenna Commission believes that there is no public safety by enabling applications height, operational frequency or power need to restrict vehicular radar systems such as monitoring vehicles on the limits), and whether it should require based on coordination zones or to ground at airports. However, the fixed or vehicular radars to comply with impose requirements for a GPS-aware Commission is not proposing to limit a standard such as the ETSI EN 301 91 automatic cut-off switch as proposed by operation to monitoring vehicles or to standard referenced by Era. NRAO. The Commission invites specific locations such as airports or comment on this analysis. other place’s where fixed radars would Initial Regulatory Flexibility Analysis 7. The Commission also seeks not illuminate public roads. The 11. As required by the Regulatory comment on TMC’s request to modify Commission believes that Era’s Flexibility Act of 1980, as amended § 15.253 of its rules to specify a limit on suggested alternative approaches and (RFA),1 the Commission has prepared peak EIRP instead of average power proposals may be overly restrictive and this present Initial Regulatory density as an alternative to, or in could cause unnecessary burdens for the Flexibility Analysis (IRFA) of the addition to, the limits currently public if implemented. Implementation possible significant economic impact on specified in the rules. Furthermore, it of certain elements of these approaches small entities by the policies and rules proposes to modify § 15.35(b) of the could require licensing and/or proposed in this Notice of Proposed Commission’s rules to reflect the fact coordination that would be burdensome Rule Making (NPRM). Written public that the proposed peak emission limit is for both users of the devices and the comments are requested on this IRFA. not 20 dB above the average emission Commission with no corresponding Comments must be identified as limit. benefits in terms of reduction of responses to the IRFA and must be filed 8. In its petition, Era requests that the interference potential to licensed by the deadlines specified in the NPRM Commission amend § 15.253 of its rules services or improved co-existence to permit the use of 76–77 GHz between unlicensed devices. The 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– unlicensed fixed radars at airports for Commission’s proposal to permit fixed 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996, monitoring terrestrial vehicle radar applications is less restrictive and (SBREFA) Public Law 104–121, Title II, 110 Stat. movements. Era contends that when the could be more beneficial to public than 857 (1996).

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for comments. The Commission will under the Small Business Act.6 A under this size standard, the majority of send a copy of this NPRM, including ‘‘small business concern’’ is one which: firms can be considered small. this IRFA, to the Chief Counsel for (1) Is independently owned and D. Description of Projected Reporting, Advocacy of the Small Business operated; (2) is not dominant in its field Recordkeeping, and Other Compliance Administration (SBA).2 In addition, the of operation; and (3) satisfies any Requirements NPRM and IRFA (or summaries thereof) additional criteria established by the will be published in the Federal Small Business Administration (SBA).7 16. Radars operating in the 76–77 GHz Register.3 15. Radio and Television band are required to be authorized Broadcasting and Wireless under the Commission’s certification A. Need for, and Objectives of, the Communications Equipment procedure as a prerequisite to marketing Proposed Rules Manufacturing. The Census Bureau and importation, and the NPRM 12. This NPRM responds to petitions defines this category as follows: ‘‘This proposes no change to that requirement. for rulemaking filed by Toyota Motor industry comprises establishments However, it proposes to eliminate the Corporation (‘‘TMC’’) and Era Systems primarily engaged in manufacturing requirement that a radar must reduce Corporation (‘‘Era’’) requesting radio and television broadcast and power when a vehicle is not in motion modifications to § 15.253 of the wireless communications equipment. and to establish a single emission limit Commission’s rules for vehicular radar Examples of products made by these that applies in all directions from a systems operating in the 76–77 GHz establishments are: transmitting and vehicle. The NPRM also proposes to band. Vehicular radars can determine receiving antennas, cable television permit fixed radars to operate in the 76– the exact distance and relative speed of equipment, GPS equipment, pagers, 77 GHz band under the same limits objects in front of, beside, or behind a cellular phones, mobile proposed for vehicular radar systems. car to improve the driver’s ability to communications equipment, and radio E. Steps Taken To Minimize Significant perceive objects under bad visibility and television studio and broadcasting Economic Impact on Small Entities, and conditions or objects that are in blind equipment.’’ 8 The SBA has developed a Significant Alternatives Considered spots. Some examples of vehicular radar small business size standard for Radio systems include collision warning and and Television Broadcasting and 17. The RFA requires an agency to mitigation systems, blind spot detection Wireless Communications Equipment describe any significant alternatives that systems, lane change assist and parking Manufacturing, which is: all such firms it has considered in reaching its aid systems. The NPRM proposes to having 750 or fewer employees.9 proposed approach, which may include eliminate the requirement that vehicular According to Census Bureau data for the following four alternatives (among radars decrease power when the vehicle 2002, there were a total of 1,041 others): (1) The establishment of on which the radar is mounted is establishments in this category that differing compliance or reporting stopped, or not in motion, and to operated for the entire year.10 Of this requirements or timetables that take into expand the use of unlicensed 76–77 total, 1,010 had employment of under account the resources available to small GHz band radars to fixed infrastructure 500, and an additional 13 had entities; (2) the clarification, systems. These modifications to the employment of 500 to 999.11 Thus, consolidation, or simplification of rules will provide more efficient use of compliance or reporting requirements spectrum, and enable the automotive 6 5 U.S.C. 601(3) (incorporating by reference the under the rule for small entities; (3) the and fixed radar application industries to definition of ‘‘small-business concern’’ in the Small use of performance, rather than design, develop enhanced safety measures for Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. standards; and (4) an exemption from drivers and the general public. 601(3), the statutory definition of a small business applies ‘‘unless an agency, after consultation with coverage of the rule, or any part thereof, 12 B. Legal Basis the Office of Advocacy of the Small Business for small entities. Administration and after opportunity for public 18. The proposals contained in this 13. This action is authorized under comment, establishes one or more definitions of such term which are appropriate to the activities of NPRM are deregulatory in nature, which sections 1, 4(i), 302, 303(f) and (r), 332, we expect will simplify compliance and 337 of the Communications Act of the agency and publishes such definition(s) in the Federal Register.’’ requirements for all parties, particularly 1934, as amended, 47 U.S.C. 1, 4(i), 7 15 U.S.C. 632. small entities, and permit the 154(i), 302, 303(f) and (r), 332, 337. 8 U.S. Census Bureau, 2002 NAICS Definitions, development of improved radar ‘‘334220 Radio and Television Broadcasting and C. Description and Estimate of the Wireless Communications Equipment systems. Elimination of requirement for Number of Small Entities to Which the Manufacturing’’; http://www.census.gov/epcd/ radars to reduce power when a vehicle Proposed Rule Will Apply naics02/def/NDEF334.HTM#N3342. is not in motion will simplify 9 13 CFR 121.201, NAICS code 334220. equipment design, and establishment of 14. The RFA directs agencies to 10 U.S. Census Bureau, American FactFinder, provide a description of, and, where a single emission limit that applies in 2002 Economic Census, Industry Series, Industry all directions from a vehicle would feasible, an estimate of, the number of Statistics by Employment Size, NAICS code 334220 small entities that may be affected by (released May 26, 2005); http:// allow the development of omni- factfinder.census.gov. The number of directional monitoring systems. the rules adopted herein.4 The RFA ‘‘establishments’’ is a less helpful indicator of small Permitting fixed radar devices in the generally defines the term ‘‘small business prevalence in this context than would be 76–77 GHz band would enable the entity’’ as having the same meaning as the number of ‘‘firms’’ or ‘‘companies,’’ because the development of applications such as the terms ‘‘small business,’’ ‘‘small latter take into account the concept of common ownership or control. Any single physical location monitoring the movement of vehicles on organization,’’ and ‘‘small governmental for an entity is an establishment, even though that the ground at airports. jurisdiction.’’ 5 In addition, the term location may be owned by a different establishment. ‘‘small business’’ has the same meaning Thus, the numbers given may reflect inflated F. Federal Rules That May Duplicate, as the term ‘‘small business concern’’ numbers of businesses in this category, including Overlap, or Conflict With the Proposed the numbers of small businesses. In this category, the Census breaks-out data for firms or companies Rule 2 See 5 U.S.C. 603(a). only to give the total number of such entities for 3 See 5 U.S.C. 603(a). 2002, which was 929. 19. None. 4 5 U.S.C. 604(a)(3). 11 Id. An additional 18 establishments had 5 5 U.S.C. 601(6). employment of 1,000 or more. 12 See 5 U.S.C. 603(c).

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Ordering Clauses radio frequency emissions. Unless permitted provided the primary mode of 20. Pursuant to §§ 1, 4, 301, 302(a), otherwise specified, e.g., see §§ 15.250, operation is as a vehicle-mounted field and 303(b), (c) and (f) of the 15.252, 15.253(b), 15.255, and 15.509 disturbance sensor or as a fixed field Communications Act of 1934, as through 15.519, the limit on peak radio disturbance sensor. Operation under the amended, 47 U.S.C. 151, 154, 301, frequency emissions is 20 dB above the provisions of this section is not 302a(a), and 303(b), (c) and (f), the maximum permitted average emission permitted on aircraft or satellites. notice of proposed rulemaking is hereby limit applicable to the equipment under (1) The radiated emission limits adopted. test. This peak limit applies to the total within the bands 76.0–77.0 GHz are as 21. The Commission’s Consumer and peak emission level radiated by the follows: Governmental Affairs Bureau, Reference device, e.g., the total peak power level. (i) The average power density of any Information Center, shall send a copy of Note that the use of a pulse emission within the bands specified in μ 2 the notice of proposed rulemaking, desensitization correction factor may be this section shall not exceed 88 W/cm including the Initial Regulatory needed to determine the total peak at a distance of 3 meters from the Flexibility Certification, to the Chief emission level. The instruction manual exterior surface of the radiating Counsel for Advocacy of the Small or application note for the measurement structure. Business Administration. instrument should be consulted for (ii) The peak power density of any determining pulse desensitization emission within the bands specified in 22. Pursuant to sections 1, 2, 4(i), 301, μ 302, and 303(f) of the Communications factors, as necessary. this section shall not exceed 279 W/ 2 Act of 1934, 47 U.S.C. 151, 152, 154(i), * * * * * cm at a distance of 3 meters from the 301, 301, and 303(f), that this Notice of 3. Section 15.253 is revised to read as exterior surface of the radiating Proposed Rulemaking is hereby follows: structure. adopted. (2) [Reserved] 23. The Commission’s Consumer and § 15.253 Operation within the bands 46.7– (c) The power density of any 46.9 GHz and 76.0–77.0 GHz. Governmental Affairs Bureau, Reference emissions outside the operating band Information Center, shall send a copy of (a) Operation within the band 46.7– shall consist solely of spurious this Notice of Proposed Rulemaking, 46.9 GHz is restricted to vehicle- emissions and shall not exceed the including the Initial Regulatory mounted field disturbance sensors used following: Flexibility Analysis, to the Chief as vehicle radar systems. The (1) Radiated emissions below 40 GHz Counsel for Advocacy of the Small transmission of additional information, shall not exceed the general limits in Business Administration. such as data, is permitted provided the § 15.209. primary mode of operation is as a (2) Radiated emissions outside the List of Subjects in 47 CFR Part 15 vehicle-mounted field disturbance operating band and between 40 GHz and Communications equipment, Radio. sensor. Operation under the provisions 200 GHz shall not exceed the following: of this section is not permitted on (i) For field disturbance sensors Federal Communications Commission. aircraft or satellites. operating in the band 46.7–46.9 GHz: Marlene H. Dortch, (1) The radiated emission limits 2 pW/cm2 at a distance of 3 meters Secretary. within the bands 46.7–46.9 GHz are as from the exterior surface of the radiating For the reasons set forth in the follows: structure. preamble, the Federal Communications (i) If the vehicle is not in motion, the (ii) For field disturbance sensors Commission proposes to amend 47 CFR power density of any emission within operating in the band 76–77 GHz: 2 part 15 as follows: the bands specified in this section shall 600 pW/cm at a distance of 3 meters not exceed 200 nW/cm2 at a distance of from the exterior surface of the radiating PART 15—RADIO FREQUENCY 3 meters from the exterior surface of the structure. DEVICES radiating structure. (3) For radiated emissions above 200 (ii) For forward-looking vehicle GHz from field disturbance sensors 1. The authority citation for part 15 mounted field disturbance sensors, if operating in the 76–77 GHz band: The continues to read as follows: the vehicle is in motion the power power density of any emission shall not Authority: 47 U.S.C. 154, 302a, 303, 304, density of any emission within the exceed 1000 pW/cm2 at a distance of 3 307, 336 and 544a. bands specified in this section shall not meters from the exterior surface of the 2. Section 15.35 is amended by exceed 60 μW/cm2 at a distance of 3 radiating structure. revising paragraph (b) to read as follows: meters from the exterior surface of the (4) For field disturbance sensors radiating structure. operating in the 76–77 GHz band, the § 15.35 Measurement detector functions (iii) For side-looking or rear-looking spectrum shall be investigated up to 231 and bandwidths. vehicle-mounted field disturbance GHz. * * * * * sensors, if the vehicle is in motion the (d) Fundamental emissions must be (b) Unless otherwise specified, on any power density of any emission within contained within the frequency bands frequency or frequencies above 1000 the bands specified in this section shall specified in this section during all MHz, the radiated emission limits are not exceed 30 μW/cm2 at a distance of conditions of operation. Equipment is based on the use of measurement 3 meters from the exterior surface of the presumed to operate over the instrumentation employing an average radiating structure. temperature range ¥20 to +50 degrees detector function. Unless otherwise (iv) The provisions in § 15.35 limiting Celsius with an input voltage variation specified, measurements above 1000 peak emissions apply. of 85% to 115% of rated input voltage, MHz shall be performed using a (2) [Reserved] unless justification is presented to minimum resolution bandwidth of 1 (b) Operation within the band 76.0– demonstrate otherwise. MHz. When average radiated emission 77.0 GHz is restricted to vehicle- (e) Regardless of the power density measurements are specified in this part, mounted field disturbance sensors used levels permitted under this section, including average emission as vehicle radar systems and to fixed devices operating under the provisions measurements below 1000 MHz, there radar systems. The transmission of of this section are subject to the also is a limit on the peak level of the additional information, such as data, is radiofrequency radiation exposure

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requirements specified in §§ 1.1307(b), People with Disabilities: Contact the GHz bands. Fixed BAS in those bands 2.1091 and 2.1093 of this chapter, as FCC to request reasonable include television studio-to-transmitter appropriate. Applications for equipment accommodations (accessible format links, television relay stations, and authorization of devices operating under documents, sign language interpreters, television translator relay stations. this section must contain a statement CART, etc.) by e-mail: [email protected] CARS stations are authorized to relay confirming compliance with these or phone: (202) 418–0530 or TTY: (202) various types of signals intended for use requirements for both fundamental 418–0432. by cable television systems or other emissions and unwanted emissions. FOR FURTHER INFORMATION CONTACT: eligible systems. Mobile BAS includes Technical information showing the Charles Oliver, Broadband Division, television pickup stations and CARS basis for this statement must be Wireless Telecommunications Bureau, pickup stations (‘‘TV pickup stations’’), submitted to the Commission upon Federal Communications Commission, which are authorized to transmit request. 445 12th Street, SW., Washington, DC program material, orders concerning [FR Doc. 2011–14744 Filed 6–15–11; 8:45 am] 20554, at (202) 418–1325 or via the such program material, and related communications from the scenes of BILLING CODE 6712–01–P Internet to [email protected]. events occurring in places other than a SUPPLEMENTARY INFORMATION: This is a television studio to associated television summary of a the Commission’s stations. TV pickup stations in these FEDERAL COMMUNICATIONS document adopted and released by the bands are licensed either for a radius COMMISSION FCC on June 7, 2011, in WT Docket No. around a set of coordinates or in the 10–153. The full text of this document 47 CFR Parts 74, 78, and 101 vicinity of a given television market. In is available for inspection and copying addition, there are a limited number of [WT Docket No. 10–153; DA 11–1011] during normal business hours in the Local Television Transmission Service FCC Reference Information Center, (LTTS) stations in the 7 and 13 GHz Wireless Backhaul; Further Inquiry Into Room CY–A257, 445 12th Street, SW., bands authorized pursuant to Fixed Service Sharing of the 6875– Washington, DC 20554. The complete § 101.803(b) of the Commission’s rules. 7125 and 12700–13200 MHz Bands text may be purchased from the 3. In the Wireless Backhaul NPRM/ Commission’s duplicating contractor, AGENCY: Federal Communications NOI, the Commission proposed to Best Copy and Printing, Inc. (BCPI), Commission. require frequency coordination for new Portals II, 445 12th Street, SW., Room FS, BAS, and CARS applications in the ACTION: Request for comments. CY–B402, Washington, DC 20554, (202) 7 and 13 GHz bands. Under the current 488–5300, facsimile (202) 488–5563, or SUMMARY: In this document, the rules, all FS and fixed BAS and CARS via e-mail at [email protected]. The Commission seeks additional, focused stations above 2110 MHz must use the complete text is also available on the comment on certain issues raised in its prior coordination notice procedure Commission’s Web site at http:// Wireless Backhaul proceeding to described in § 101.103(d) of the hraunfoss.fcc.gov/edocs_public/ remove regulatory barriers to the use of Commission’s rules. LTTS licenses in attachmatch/DA-11-1011A1.doc. spectrum for backhaul and other point- the 7 and 13 GHz bands contain special Alternative formats (computer diskette, to-point and point-to-multipoint conditions that require use of the prior large print, audio cassette, and Braille) communications and to increase coordination notice procedure before are available by contacting Brian Millin efficient use of spectrum for backhaul, they operate in any given area. TV at (202) 418–7426, TTY (202) 418–7365, by updating regulatory classifications pickup stations and temporary fixed or via e-mail to [email protected]. that may not have kept pace with the facilities may coordinate using less evolution of converged digital Summary formal procedures, including using local technologies. Specifically, we seek to frequency coordination committees. The 1. On August 5, 2010, the Commission Society of Broadcast Engineers (SBE) supplement the record in this commenced a proceeding to remove proceeding on the feasibility of sharing conducts a local frequency coordination regulatory barriers to the use of program for BAS and CARS spectra. in the 7 and 13 GHz bands, limiting the spectrum for wireless backhaul and frequency ranges available for Fixed 4. A majority of commenters express other point-to-point and point-to- qualified support for the proposal to Service (FS) in order to ensure the multipoint communications. The continuation of electronic open the 7 and 13 GHz bands to part proceeding sought to increase efficient 101 FS operators, while several newsgathering operations, and the use of spectrum for backhaul, by appropriate channelization scheme, broadcasting-affiliated entities oppose updating regulatory classifications that the proposal. Both supporters and coordination procedures, and capacity may not have kept pace with the opponents of the proposal express and loading requirements for the bands. evolution of converged digital concerns about how to protect existing DATES: Submit comments on or before technologies. electronic news-gathering operations June 27, 2011. 2. Feasibility of FS Sharing in BAS using TV pickup stations from ADDRESSES: Federal Communications and CARS Bands: The Wireless interference due to FS operations, and Commission, 445 12th Street, SW., Backhaul NPRM/NOI proposed to allow whether meaningful FS operation in the Washington, DC 20554. You may submit FS operations to share the 6875–7125 bands will be possible given the comments, identified by DA 11–1011, MHz (7 GHz Band) and 12700–13200 potential for such interference. In WT Docket No. 10–153, by any of the MHz (13 GHz band) bands currently contrast, there appears to be little following methods: used by the Broadcast Auxiliary Service concern about the ability of FS to Federal eRulemaking Portal: http:// (BAS) and the Cable TV Relay Service coexist with fixed BAS and CARS. www.regulations.gov. Follow the (CARS). The Commission stated its 5. WTB staff has conducted additional instructions for submitting comments. intention to protect existing licensees, analysis of the 7 and 13 GHz bands. The Federal Communications through use of existing frequency results are depicted in several maps, Commission’s Web Site: http:// coordination procedures. There are which are available on the www.fcc.gov/cgb/ecfs/. Follow the currently both fixed and mobile BAS Commission’s Web site at http:// instructions for submitting comments. and CARS operations in the 7 and 13 hraunfoss.fcc.gov/edocs_public/

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attachmatch/DA–11–1011A2.doc, that the 7 and 13 GHz band available for FS channelization schemes. Several show existing BAS and CARS use and whether FS use would be commenters, including FWCC and operations in the 7 and 13 GHz bands. compatible with existing uses in those EIBASS, express concern that allowing In light of this staff analysis, we seek bands. We now inquire whether the 10 and 30 megahertz channels would additional comment to understand Commission should continue to reserve preclude operation on multiple 25 better the circumstances in which FS a portion of these bands exclusively for megahertz channels used by BAS and sharing of the 7 and 13 GHz bands with BAS and CARS operations, in order to result in wasted spectrum. EIBASS BAS and CARS might be practical. The enhance the ability of BAS and CARS to argues that the Commission already analysis appears to indicate that, even if coexist with FS and facilitate allows broadcasters to request signal FS operations were totally excluded nationwide use of BAS and CARS bandwidths that are less than the from the service areas of TV pickup services. There are some differences in standard channel bandwidth, and that stations and CARS facilities, there the rules governing BAS and CARS and there is no need to clutter the would be considerable areas where FS those governing FS that might warrant Commission’s rules with a large list of facilities could be licensed. For such a reservation. For example, the arbitrarily chosen channel segments. example, in the 7 GHz band in Commission’s rules authorize With respect to the 13 GHz band, FWCC Minnesota, there is only one TV pickup broadcasters to operate broadcast proposes a channel plan based on 28 station with a defined area of operation auxiliary facilities on a short-term basis megahertz channels. authorized in the entire state, and three on a secondary basis without prior 11. In light of the concerns raised by additional stations authorized in Commission authorization. This FWCC and EIBASS, we seek comment adjacent states that have minimal provision may permit broadcasters to on whether the Commission should overlapping area within the state of cover breaking news events in areas allow a maximum channel bandwidth of Minnesota. In comparison, the outside those covered by their TV 25 megahertz for FS in the 7 and 13 GHz prevalence of fixed links in the adjacent pickup stations authorization. bands. We invite comment on whether 6525–6875 MHz bands shows much 9. Consistent with the request for a maximum 25 megahertz channel more extensive use of that band. It comment in the Wireless Backhaul bandwidth would be useful to FS appears that opening the 7 and 13 GHz NPRM/NOI on the ability of BAS and operators and whether equipment bands to FS operations could be of CARS to share with FS in the 7 and 13 manufacturers would develop particular benefit in rural areas, where GHz bands, we seek comment on equipment for such a band plan. the spectrum is largely available. We whether the Commission should 12. For the 7 GHz band, we seek also note that only one new BAS TV continue to exclude FS facilities from comment on the following band plan: pickup license has been granted in the the 7075–7125 MHz and 13.15–13.2 7 GHz and 13 GHz bands in the last two GHz bands, and reserve two 25 25 MHz Bandwidth Channels megahertz channels for BAS and CARS years. Moreover, the Fixed Wireless Transmit (receive) Receive (transmit) Communications Coalition (FWCC) use in each band. In the 7 GHz band, (MHz) (MHz) reports that BAS and CARS path and reserving 7075–7125 MHz for BAS channel licensing, respectively, in the would mean that FS sharing could occur 6887.5 6987.5 13 GHz band have dropped sharply in in the 6875–7075 MHz frequency range, 6912.5 7012.5 the last decade. which is contiguous to the 6525–6875 6937.5 7037.5 6. We seek further input regarding MHz band where FS operations are 6962.5 7062.5 whether imposing geographic already authorized. In the 13 GHz band, restrictions on FS sharing in the 7 and this proposal would maintain the status For the 13 GHz band, we seek 13 GHz bands would minimize quo in the 13.15–13.2 GHz band, which comment on the following channel plan interference potential between FS is currently reserved for TV pickup based on 25 megahertz channels: facilities and TV pickup stations. stations inside a 50 kilometer basis of 25 MHz Bandwidth Channels Specifically, the Commission could the top 100 television markets. We seek prohibit an FS station from locating its comment on whether this proposal will Transmit (receive) Receive (transmit) path within the service area of a co- strike the appropriate balance between (MHz) (MHz) channel TV pickup station. making FS spectrum available for 12712.5 12937.5 Additionally, the Commission could backhaul and other uses and ensuring 12737.5 12962.5 require FS operators to coordinate any spectrum is available for critical 12762.5 12987.5 new fixed links with TV pickup stations newsgathering activities. We also seek 12787.5 13012.5 within the appropriate coordination comment on other alternatives for 12812.5 13037.5 zone of any new fixed link. reserving capacity for BAS and CARS. 12837.5 13062.5 7. We also seek comment on whether We also seek comment on how 12862.5 13087.5 limiting new FS links in the 7 and 13 alternative technologies for providing 12887.5 13112.5 GHz bands to those areas outside the video coverage of live events may affect 12912.5 13137.5 service areas of TV pickup stations the need to exclude FS from a portion would address commenters’ concerns of these bands. We also seek comment on the regarding the potential for harmful 10. Channelization Plans: In the alternative band plan offered by FWCC interference. We invite comment on the Wireless Backhaul NPRM/NOI, noting based on 28 megahertz bandwidth staff analysis and the data reported by that existing operations in the 7 and 13 channels, which it explains comes from FWCC on 13 GHz utilization. Are there GHz band used 25 megahertz bandwidth the International Telecommunications other factors the Commission should channels, the Commission proposed to Union: consider regarding bands’ suitability for make a variety of channel bandwidths Transmit (receive) Receive (transmit) FS use in areas where TV pickup available for both FS and BAS use, and (MHz) (MHz) stations are not operating? to list such channel bandwidths in our 8. Reserving Spectrum for Nationwide rules, consistent with our practice in 12765 13031 BAS Use. The Wireless Backhaul other FS bands. The Commission also 12793 13059 NPRM/NOI sought comment on making sought comment on alternative 12821 13087

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Transmit (receive) Receive (transmit) 17. With respect to this issue, we note parte presentations and memoranda (MHz) (MHz) that the NPRM did not propose to apply summarizing oral ex parte the capacity and loading criteria to presentations, and all attachments 12849 13115 operations authorized under part 74 and thereto, must be filed through the 12877 13143 part 78, such as TV studio-transmitter electronic comment filing system 12905 13171 links and intercity relays, but rather available for that proceeding, and must 12933 13199 12961 13227 only to the FS operations authorized be filed in their native format (e.g., .doc, under part 101. In addition, .xml, .ppt, searchable .pdf). Participants § 101.141(a)(5) of the rules exempts in this proceeding should familiarize 13. We also seek comment on transmitters carrying digital video themselves with the Commission’s ex EIBASS’’ suggestion that FS operators motion material from the capacity and parte rules. be allowed to specify a lesser channel loading requirements of §§ 101.141(a)(2) Comment Period and Procedures bandwidth without identifying such and (3), provided that at least 50 percent lesser channel bandwidths in our rules. of the payload is digital video motion 19. The Wireless Backhaul NPRM/ We also seek comment on whether we material and the minimum bit rate NOI included an Initial Regulatory should allow 50 megahertz channels in specified in § 101.141(a)(1) is met, i.e., Flexibility Analysis (IRFA) pursuant to the 13 GHz band for FS, BAS, and CARS that the bit rate, in bits per second, is 5 U.S.C. 603, exploring the potential in order to allow systems to use wider equal to or greater than the bandwidth impact on small entities of the channels to obtain higher data rates. measured in Hertz. We seek comment Commission’s proposal. We invite 14. Coordination Procedures: Several on the extent to which this existing parties to file comments on the IRFA in commenters express concern that exemption addresses the concerns light of this additional notice. permitting FS operations in the 7 and 13 expressed by SBE and EIBASS. In what 20. Pursuant to §§ 1.415 and 1.419 of GHz bands, subject to frequency ways, if any, should this exemption be the Commission’s rules, 47 CFR 1.415, coordination, will inhibit mobile modified before it can be applied to the 1.419, interested parties may file electronic newsgathering and temporary 6875–7125 MHz and 12700–13200 MHz comments on or before June 27, 1011. fixed operation for video coverage of bands? Comments may be filed using: (1) The newsworthy events. Commission’s Electronic Comment Procedural Matters Filing system (ECFS), (2) the Federal 15. If the Commission were to permit Government’s eRulemaking Portal, or (3) FS operations in the 7 and 13 GHz 18. Ex Parte Rules—Permit-But- by filing paper copies. See Electronic bands only outside of the authorized Disclose. This matter shall be treated as Filing of Documents in Rulemaking service areas of TV pickup stations, as a ‘‘permit-but-disclose’’ proceeding in Proceedings, 63 FR 24121 (1998). discussed in paragraphs 2–7 above, it accordance with the ex parte rules. Persons making ex parte presentations • Electronic Filers: Comments may be could likewise maintain the existing filed electronically using the Internet by requirements that FS and fixed BAS and must file a copy of any written presentation or a memorandum accessing the ECFS: http://www.fcc.gov/ CARS applicants coordinate using the summarizing any oral presentation cgb/ecfs/ or the Federal eRulemaking more formal part 101 procedures. The within two business days after the Portal: http://www.regulations.gov. Commission, however, could allow TV presentation (unless a different deadline Filers should follow the instructions pickup stations and other temporary applicable to the Sunshine period provided on the Web site for submitting fixed operators to continue to use applies). Persons making oral ex parte comments. informal frequency coordination presentations are reminded that For ECFS filers, if multiple docket or procedures within the authorized memoranda summarizing the rulemaking numbers appear in the service areas of TV pickup stations. We presentation must (1) List all persons caption of this proceeding, filers must seek comment on appropriate attending or otherwise participating in transmit one electronic copy of the coordination procedures for FS with the meeting at which the ex parte comments for each docket or fixed BAS, CARS stations, and TV presentation was made, and (2) rulemaking number referenced in the pickup stations in shared frequencies, summarize all data presented and caption. In completing the transmittal especially in light of geographic arguments made during the screen, filers should include their full restrictions the Commission may adopt. presentation. If the presentation name, U.S. Postal Service mailing 16. Capacity and Loading consisted in whole or in part of the address, and the applicable docket or Requirements: The Wireless Backhaul presentation of data or arguments rulemaking number. Comments shall be NPRM/NOI proposed to apply the Fixed already reflected in the presenter’s sent as an electronic file via the Internet Services minimum capacity and loading written comments, memoranda or other to http://www.fcc.gov/e-file/ecfs.html. In requirements to the 6875–7125 MHz filings in the proceeding, the presenter completing the transmittal screen, and 12700–13200 MHz bands. While may provide citations to such data or commenters should include their full several commenters support that arguments in his or her prior comments, name, Postal Service mailing address, proposal, SBE and EIBASS express memoranda, or other filings (specifying and the applicable docket number. concern. SBE states that BAS links in the relevant page and/or paragraph Parties may also submit an electronic the 7 and 13 GHz bands are used for numbers where such data or arguments comment by Internet e-mail. To get intercity relay backhaul from distant can be found) in lieu of summarizing filing instructions for e-mail comments, electronic news-gathering sites, and them in the memorandum. Documents commenters should send an e-mail to have no content and no modulation on shown or given to Commission staff [email protected], and include the following them until a new live shot is tuned in during ex parte meetings are deemed to words in the body of the message, ‘‘get and transmitting. SBE argues that such be written ex parte presentations and form.’’ A sample form and directions necessary usage would be prohibited by must be filed consistent with rule will be sent in response. the proposed rule change. EIBASS 1.1206(b). In proceedings governed by • Paper filers: Parties who choose to echoes SBE’s concern, and proposes rule 1.49(f) or for which the file by paper must file an original and certain exemptions to address the Commission has made available a four copies of each filing. If more than concern. method of electronic filing, written ex one docket or rulemaking number

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appears in the caption of this Commercial overnight mail (other than will be available for public inspection proceeding, filers must submit two U.S. Postal Service Express Mail and and copying during business hours at additional copies for each additional Priority Mail) must be sent to 9300 East the FCC Reference Information Center, docket or rulemaking number. Hampton Drive, Capitol Heights, MD Portals II, 445 12th Street, SW., Room • Filings can be sent by hand or 20743. U.S. Postal Service first-class, CY–A257, Washington, DC 20554. The messenger delivery, by commercial Express, and Priority mail must be documents may also be purchased from overnight courier, or by first-class or addressed to 445 12th Street, SW., BCPI, Portals II, 445 12th Street, SW., overnight U.S. Postal Service mail. All Washington, DC 20554. Room CY–B402, Washington, DC 20554, • Parties shall also serve one copy filings must be addressed to the (202) 488–5300, (202) 488–5563 (fax), with the Commission’s copy contractor, Commission’s Secretary, Office of the (202) 488–5562 (tty), or via to Best Copy and Printing, Inc. (BCPI), Secretary, Federal Communications [email protected]. Portals II, 445 12th Street, SW., Room Commission, 445 12th Street, SW., CY–B402, Washington, DC 20554, (202) Washington, DC 20554. Ordering Clause 488–5300, or via e-mail to • All hand-delivered or messenger- [email protected]. 21. This action is taken under delivered paper filings for the • People with Disabilities: To request delegated authority pursuant to §§ 0.131 Commission’s Secretary must be materials in accessible formats for and 0.331 of the Commission’s rules, 47 delivered to FCC Headquarters at 445 people with disabilities (braille, large CFR 0.131, 0.331. 12th Street, SW., Room TW–A325, print, electronic files, audio format), Federal Communications Commission. Washington, DC 20554. All hand send an e-mail to [email protected] or call deliveries must be held together with the Consumer & Governmental Affairs Blaise Scinto, rubber bands or fasteners. Any Bureau at 202–418–0530 (voice), 202– Chief, Broadband Division, Wireless envelopes must be disposed of before 418–0432 (tty). Telecommunications Bureau. entering the building. The filing hours • Availability of Documents: [FR Doc. 2011–14721 Filed 6–15–11; 8:45 am] at this location are 8 a.m. to 7 p.m. Documents in WT Docket No. 10–153 BILLING CODE 6712–01–P

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Notices Federal Register Vol. 76, No. 116

Thursday, June 16, 2011

This section of the FEDERAL REGISTER the collection of information unless it Total Burden Hours: 652. contains documents other than rules or displays a currently valid OMB control Ruth Brown, proposed rules that are applicable to the number. public. Notices of hearings and investigations, Departmental Information Collection committee meetings, agency decisions and Food and Nutrition Service Clearance Officer. rulings, delegations of authority, filing of [FR Doc. 2011–14994 Filed 6–15–11; 8:45 am] Title: Evaluation of the Summer Food petitions and applications and agency BILLING CODE 3410–30–P statements of organization and functions are Service Program Enhancement examples of documents appearing in this Demonstration Food Backs and Meal section. Delivery. DEPARTMENT OF AGRICULTURE OMB Control Number: 0584–NEW. Deschutes Provincial Advisory Summary of Collection: The DEPARTMENT OF AGRICULTURE Committee (DPAC) Agriculture, Rural Development, Food Submission for OMB Review; and Drug Administration, and Related AGENCY: Forest Service, USDA. Comment Request Agencies Appropriations Act of 2010 ACTION: Notice of meeting. (Pub. L., 111–80), Section 749(g), June 13, 2011. directed that the Secretary of SUMMARY: The Deschutes Provincial The Department of Agriculture has Agriculture shall carry out Advisory Committee will meet on June submitted the following information demonstration projects to develop and 10, 2011 to review the goals and collection requirement(s) to OMB for test methods of providing access to food objectives of the committee for the next review and clearance under the for children in urban and rural areas two year period. The meeting will also Paperwork Reduction Act of 1995, during the summer months when provide updates on the forest restoration Public Law 104–13. Comments schools are not in regular session to and sustainable recreation regarding (a) whether the collection of reduce or eliminate the food insecurity subcommittees. Members will meet at information is necessary for the proper and hunger of children and to improve the Deschutes National Forest performance of the functions of the the nutritional status of children. These Supervisor’s office, Upper Deschutes agency, including whether the demonstrations will include the Home Conference Room (1001 SW. Emkay information will have practical utility; Delivery Demonstration and the Food Drive, Bend, Oregon) from 9 a.m. until (b) the accuracy of the agency’s estimate Backpack Demonstration. noon. All Deschutes Province Advisory of burden including the validity of the Need and Use of the Information: The Committee meetings are open to the methodology and assumptions used; (c) public. ways to enhance the quality, utility and data collected in this evaluation will be clarity of the information to be used by the Food and Nutrition Service FOR FURTHER INFORMATION CONTACT: collected; (d) ways to minimize the (FNS) to provide policymakers with Michael Keown, Province Liaison, burden of the collection of information information to make decisions about Sisters Ranger District, Pine Street and on those who are to respond, including potential changes in Federal summer Highway 20, Sisters, Oregon 97759, through the use of appropriate food nutrition programs for children. Phone (541) 549–7735. automated, electronic, mechanical, or The specific goals of the evaluation are John Allen, to assess the following: (1) The impact other technological collection Deschutes National Forest Supervisor. techniques or other forms of information of each Summer Food Service Program technology should be addressed to: Desk (SFSP) enhancement demonstration [FR Doc. 2011–14793 Filed 6–15–11; 8:45 am] Officer for Agriculture, Office of model on participation and meal BILLING CODE 3410–11–M Information and Regulatory Affairs, service; (2) The food security status Office of Management and Budget among recipients of the home delivered DEPARTMENT OF AGRICULTURE (OMB), meals and backpack demonstration; (3) _ OIRA [email protected] or The ‘‘targeting accuracy’’ in the Meal Animal and Plant Health Inspection fax (202) 395–5806 and to Departmental Delivery and Backpack demonstrations; Service Clearance Office, USDA, OCIO, Mail (4) The process of project Stop 7602, Washington, DC 20250– implementation in each SFSP [Docket No. APHIS–2011–0043] 7602. Comments regarding these enhancement demonstration; and (5) Notice of Request for Extension of information collections are best assured The total and component specific costs Approval of an Information Collection; of having their full effect if received of implementing and operating SFSP Bovine Spongiform Encephalopathy; within 30 days of this notification. demonstrations. Data will be collected Importation of Animals and Animal Copies of the submission(s) may be by telephone, face-to-face, Products obtained by calling (202) 720–8958. electronically, and over the internet. An agency may not conduct or Description of Respondents: AGENCY: Animal and Plant Health sponsor a collection of information Individuals or household; State, Local Inspection Service, USDA. unless the collection of information or Tribal Government; Business or other ACTION: Extension of approval of an displays a currently valid OMB control for-profit. information collection; comment number and the agency informs request. potential persons who are to respond to Number of Respondents: 1,181. the collection of information that such Frequency of Responses: Reporting: SUMMARY: In accordance with the persons are not required to respond to On occasion; Annually. Paperwork Reduction Act of 1995, this

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notice announces the Animal and Plant of Agriculture regulates the importation mechanical, and other collection Health Inspection Service’s intention to of animals and animal products into the technologies; e.g., permitting electronic request an extension of approval of an United States to guard against the submission of responses. information collection associated with introduction of animal diseases. The Estimate of burden: The public regulations for the importation of regulations in 9 CFR parts 93, 94, 95, reporting burden for this collection of animals and animal products and and 96 (referred to below as the information is estimated to average byproducts to protect against the regulations) govern the importation of 0.6039374 hours per response. introduction of bovine spongiform certain animals, birds, poultry, meat, Respondents: U.S. importers; herd encephalopathy into the United States. other animal products and byproducts, owners; foreign exporters; foreign DATES: We will consider all comments hay, and straw into the United States in salaried veterinary officials of exporting that we receive on or before August 15, order to prevent the introduction of regions; APHIS accredited veterinarians; 2011. various animal diseases, including slaughter facility personnel. ADDRESSES: You may submit comments bovine spongiform encephalopathy Estimated annual number of by either of the following methods: (BSE), a chronic degenerative disease respondents: 5,949. • Federal eRulemaking Portal: Go to affecting the central nervous system of Estimated annual number of http://www.regulations.gov/#!document cattle. responses per respondent: 21.695747. Detail;D=APHIS-2011-0043-0001. To help ensure that BSE is not Estimated annual number of • Postal Mail/Commercial Delivery: introduced into the United States, the responses: 129,068. Send your comment to Docket No. regulations allow, under specified Estimated total annual burden on APHIS–2011–0043, Regulatory Analysis conditions, the importation of certain respondents: 77,949 hours. (Due to and Development, PPD, APHIS, Station live ruminants and ruminant products averaging, the total annual burden hours 3A–03.8, 4700 River Road Unit 118, and byproducts. These requirements may not equal the product of the annual Riverdale, MD 20737–1238. necessitate the use of several number of responses multiplied by the Supporting documents and any information collection activities, reporting burden per response.) comments we receive on this docket including VS Form 16–3, permit All responses to this notice will be may be viewed at http:// application; certification statements for summarized and included in the request www.regulations.gov/#!docket the importation of ruminants and for OMB approval. All comments will Detail;D=APHIS-2011-0043 or in our ruminant products; certificate for also become a matter of public record. reading room, which is located in room inedible processed animal origin materials and products from BSE-free Done in Washington, DC, this 10th day of 1141 of the USDA South Building, 14th June 2011. Street and Independence Avenue, SW., regions; cooperative agreements with foreign facilities that process and store Kevin Shea, Washington, DC. Normal reading room Acting Administrator, Animal and Plant hours are 8 a.m. to 4:30 p.m., Monday regulated materials and products destined for importation into the United Health Inspection Service. through Friday, except holidays. To be [FR Doc. 2011–14989 Filed 6–15–11; 8:45 am] sure someone is there to help you, States; VS Form 17–33, Animals BILLING CODE 3410–34–P please call (202) 690–2817 before Imported for Immediate Slaughter; the coming. placing of seals on conveyances from the exporting region; agreement with Other Information: Additional DEPARTMENT OF AGRICULTURE information about APHIS and its slaughter facilities on use of seals on programs is available on the Internet at conveyances transporting animals from Animal and Plant Health Inspection http://www.aphis.usda.gov. BSE minimal-risk regions; and Service notification of designated individuals FOR FURTHER INFORMATION CONTACT: For authorized to break seals. [Docket No. APHIS–2011–0037] information on regulations for the We are asking the Office of importation of animals and animal Management and Budget (OMB) to Notice of Availability of a Pest Risk products and byproducts to prevent the approve our use of these information Analysis for Interstate Movement of introduction of bovine spongiform collection activities for an additional 3 Rambutan From Puerto Rico Into the encephalopathy into the United States, years. Continental United States contact Dr. Langston Hull, Staff The purpose of this notice is to solicit Veterinarian, Live Animal Imports, comments from the public (as well as AGENCY: Animal and Plant Health National Center for Import and Export, affected agencies) concerning our Inspection Service, USDA. VS, APHIS, 4700 River Road, Unit 39, information collection. These comments ACTION: Notice. Riverdale, MD 20737; (301) 734–8364. will help us: For copies of more detailed information (1) Evaluate whether the collection of SUMMARY: We are advising the public on the information collection, contact information is necessary for the proper that we have prepared a pest risk Mrs. Celeste Sickles, APHIS’ performance of the functions of the analysis that evaluates the risks Information Collection Coordinator, at Agency, including whether the associated with the interstate movement (301) 851–2908. information will have practical utility; into the continental United States of SUPPLEMENTARY INFORMATION: Title: (2) Evaluate the accuracy of our fresh rambutan fruit from Puerto Rico. Bovine Spongiform Encephalopathy; estimate of the burden of the collection Based on that analysis, we believe that Importation of Animals and Animal of information, including the validity of the application of one or more Products. the methodology and assumptions used; designated phytosanitary measures will OMB Number: 0579–0234. (3) Enhance the quality, utility, and be sufficient to mitigate the risks of Type of Request: Extension of clarity of the information to be introducing or disseminating plant pests approval of an information collection. collected; and or noxious weeds via the interstate Abstract: Under the Animal Health (4) Minimize the burden of the movement of rambutan from Puerto Protection Act (7 U.S.C. 8301 et seq.), collection of information on those who Rico. We are making the pest risk the Animal and Plant Health Inspection are to respond, through use, as analysis available to the public for Service (APHIS) of the U.S. Department appropriate, of automated, electronic, review and comment.

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DATES: We will consider all comments L.) from Puerto Rico to the continental Done in Washington, DC, this 10th day of that we receive on or before August 15, United States. We have completed a June 2011. 2011. pest list to identify pests of quarantine Kevin Shea, ADDRESSES: You may submit comments significance that could follow the Acting Administrator, Animal and Plant by either of the following methods: pathway of interstate movement into the Health Inspection Service. • Federal eRulemaking Portal: Go to continental United States and, based on [FR Doc. 2011–14992 Filed 6–15–11; 8:45 am] http://www.regulations.gov/#!document that pest list, have prepared a risk BILLING CODE 3410–34–P Detail;D=APHIS-2011-0037-0001. management analysis to identify • Postal Mail/Commercial Delivery: phytosanitary measures that could be Send your comment to Docket No. applied to the commodity to mitigate DEPARTMENT OF AGRICULTURE APHIS–2011–0037, Regulatory Analysis the pest risk. We have concluded that and Development, PPD, APHIS, Station rambutan can be safely moved from Forest Service 3A–03.8, 4700 River Road Unit 118, Puerto Rico to the continental United Riverdale, MD 20737–1238. States using one or more of the six Fremont and Winema Resource Supporting documents and any Advisory Committee comments we receive on this docket designated phytosanitary measures listed in § 318.13–4(b). These measures may be viewed at http:// AGENCY: Forest Service, USDA. www.regulations.gov/#!docket are: Detail;D=APHIS-2011-0037 or in our • Inspection and certification by an ACTION: Notice of meeting. reading room, which is located in room inspector in Puerto Rico that the 1141 of the USDA South Building, 14th rambutan are free of all quarantine pests SUMMARY: The Fremont and Winema Street and Independence Avenue, SW., likely to follow the pathway of interstate Resource Advisory Committee will meet Washington, DC. Normal reading room movement of the rambutan; in Lakeview Oregon, for the purpose of hours are 8 a.m. to 4:30 p.m., Monday evaluating and recommending resource • Movement of the rambutan as through Friday, except holidays. To be management projects for funding in FY commercial consignments only; and sure someone is there to help you, 2012, under the provisions of Title II of please call (202) 690–2817 before • Distribution of the rambutan only the Secure Rural Schools and coming. within a defined area (a prohibition on Community Self-Determination Act of movement to Hawaii, the Virgin Islands, FOR FURTHER INFORMATION CONTACT: Mr. 2000 (reauthorized in 2008). or Guam) and marking of the boxes or Philip Grove, Regulatory Coordinator, DATES: The meeting will be held on July containers in which the rambutan is PPQ, APHIS, 4700 River Road Unit 156, 19 and 20, 2011. Riverdale, MD 20737–1231; (301) 734– distributed to indicate those distribution 6280. restrictions. ADDRESSES: The meeting will take place SUPPLEMENTARY INFORMATION: Therefore, in accordance with at the Lakeview Interagency Office, 1301 § 318.13–4(c), we are announcing the South G Street, Lakeview, OR 97630. Background availability of our pest risk analysis for Send written comments to Fremont Under the regulations in ‘‘Subpart— public review and comment. The pest and Winema Resource Advisory Regulated Articles From Hawaii and the risk analysis may be viewed on the Committee, c/o USDA Forest Service, Territories’’ (7 CFR 318.13–1 through Regulations.gov Web site or in our Klamath Ranger District, 2819 Dahlia, 318.13–26, referred to below as the reading room (see ADDRESSES above for Suite A, Klamath Falls, Oregon or regulations), the Animal and Plant instructions for accessing electronically to [email protected]. Health Inspection Service (APHIS) of Regulations.gov and information on the FOR FURTHER INFORMATION CONTACT: the U.S. Department of Agriculture location and hours of the reading room). prohibits or restricts the interstate Amy Gowan, Designated Federal You may request paper copies of the movement of fruits and vegetables into Official, c/o Klamath Ranger District, pest risk analysis by calling or writing the continental United States from 2819 Dahlia, Suite A, Klamath Falls, to the person listed under FOR FURTHER Hawaii, Puerto Rico, the U.S. Virgin Oregon, telephone (541) 883–6741. INFORMATION CONTACT. Please refer to the Islands, Guam, and the Commonwealth SUPPLEMENTARY INFORMATION: The of the Northern Mariana Islands to subject of the pest risk analysis when requesting copies. agenda will include a review and prevent plant pests and noxious weeds evaluation of FY 2012 Title II proposals from being introduced into and spread After reviewing the comments we including presentations by project within the continental United States. receive, we will announce our decision proponents. Business items will include (The continental United States is regarding the interstate movement of the prioritization and ranking of defined in § 318.13–2 of the regulations rambutan from Puerto Rico to the proposals by the RAC, including final as the 48 contiguous States, Alaska, and continental United States in a recommendations for funding of fiscal the District of Columbia.) subsequent notice. If the overall year 2012 projects. Section 318.13–4 contains a conclusions of the analysis and the All Fremont and Winema Resource performance-based process for Administrator’s determination of risk Advisory Committee Meetings are open approving the interstate movement of remain unchanged following our to the public. There will be a time for commodities that, based on the findings consideration of the comments, then we public input and comment. Interested of a pest risk analysis, can be safely will begin allowing the interstate moved subject to one or more of the citizens are encouraged to attend. movement of rambutan from Puerto designated phytosanitary measures Rico to the continental United States Dated: June 10, 2011. listed in paragraph (b) of that section. APHIS received a request from the subject to the requirements specified in Amy Gowan, Commonwealth of Puerto Rico to allow the risk management document. Designated Federal Official. the interstate movement of fresh Authority: 7 U.S.C. 7701–7772, and 7781– [FR Doc. 2011–14939 Filed 6–15–11; 8:45 am] rambutan fruit (Nephelium lappaceum 7786; 7 CFR 2.22, 2.80, and 371.3. BILLING CODE 3410–11–P

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DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of a the Speaker of the House of Office of the Secretary section 36(b)(1) arms sales notification. Representatives, Transmittals 11–22 [Transmittal Nos. 11–22] This is published to fulfill the with attached transmittal, and policy requirements of section 155 of Public justification. 36(b)(1) Arms Sales Notification Law 104–164 dated July 21, 1996. Dated: June 10, 2011. AGENCY: Defense Security Cooperation FOR FURTHER INFORMATION CONTACT: Ms. Aaron Siegel, Agency, Department of Defense. B. English, DSCA/DBO/CFM, (703) 601– Alternate OSD Federal Register Liaison Officer, Department of Defense. ACTION: Notice. 3740. BILLING CODE 5001–06–P

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[FR Doc. 2011–14942 Filed 6–15–11; 8:45 am] Board, 7300 Defense Pentagon, then these statements must be submitted BILLING CODE 5001–06–C Washington, DC 20301–7300. Web site: no later than five business days prior to http://ra.defense.gov/rfpb/. the meeting in question. The Designated SUPPLEMENTARY INFORMATION: Federal Officer will review all DEPARTMENT OF DEFENSE Purpose of the Meeting: An open submitted written statements and meeting of the Reserve Forces Policy provide copies to all the committee Office of the Secretary Board. members. Reserve Forces Policy Board (RFPB) Agenda: Total Force Readiness, Care Dated: June 8, 2011. for Our People, and Culture of Aaron Siegel, AGENCY: Department of Defense, Office Relevance, Effectiveness, and Efficiency. of the Secretary of Defense Reserve Alternate OSD Federal Register Liaison Meeting Accessibility: Pursuant to Officer, Department of Defense. Forces Policy Board. 5 U.S.C. 552b, as amended, and 41 CFR [FR Doc. 2011–14936 Filed 6–15–11; 8:45 am] ACTION: Notice of Advisory Committee 102–3.140 through 102–3.165, and the meeting. availability of space, this meeting is BILLING CODE 5001–06–P open to the public. To request a seat, SUMMARY: Pursuant to the Federal contact the Designated Federal Officer DEPARTMENT OF DEFENSE Advisory Committee Act of 1972 not later than 06/27/11 at 703–697– (5 U.S.C. Appendix, as amended), the 4486, or by e-mail, [email protected]. Office of the Secretary Sunshine in the Government Act of Written Statements: Pursuant to 41 1976 (5 U.S.C. 552b, as amended), and CFR 102–3.105(j) and 102–3.140, the [Docket ID: DOD–2011–OS–0067] 41 CFR 102–3.150, the Department of public or interested organizations may Defense announces the following submit written statements to the Privacy Act of 1974; System of Federal advisory committee meeting of membership of the Reserve Forces Records the Reserve Forces Policy Board (RFPB): Policy Board at any time or in response DATES: Tuesday, July 26, 2011 from 7:30 to the stated agenda of a planned AGENCY: Defense Intelligence Agency, a.m. to 4:30 p.m. and Wednesday, July meeting. Written statements should be DoD. 27, 2011 from 7:30 a.m. to 4:30 p.m. submitted to the Reserve Forces Policy ACTION: Notice to alter a system of ADDRESSES: Meeting address is Board’s Designated Federal Officer. The records. Pentagon, Conference Room 3E863, Designated Federal Officer’s contact Arlington, VA. Mailing address is information can be obtained from the SUMMARY: The Defense Intelligence Reserve Forces Policy Board, 7300 GSA’s FACA Database—https:// Agency is proposing to alter a system to Defense Pentagon, Washington, DC www.fido.gov/facadatabase/public.asp. its existing inventory of records systems 20301–7300. Written statements that do not pertain subject to the Privacy Act of 1974, FOR FURTHER INFORMATION CONTACT: Lt. to a scheduled meeting of the Reserve (5 U.S.C. 552a), as amended. Col. Julie A. Small, Designated Federal Forces Policy Board may be submitted DATES: This proposed action will be Officer, (703) 697–4486 (Voice), (703) at any time. However, if individual effective further notice on July 18, 2011 693–5371 (Facsimile), [email protected]. comments pertain to a specific topic unless comments are received which in Mailing address is Reserve Forces Policy being discussed at a planned meeting a contrary.

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ADDRESSES: You may submit comments, CATEGORIES OF INDIVIDUALS COVERED BY THE Information and Other Controlled identified by docket number and/ SYSTEM: Access Program Information; DIA Regulatory Information Number (RIN) Delete entry and replace with Manual 50–8, Personnel Security and title, by any of the following ‘‘Current and former Defense Program; DIA Manual 50–14, Security methods: Intelligence Agency (DIA) civilian, Investigations; DIA Regulation 50–17, * Federal Rulemaking Portal: http:// military and contractor personnel, Reporting Foreign Contact and Foreign www.regulations.gov. nominees for employment with DIA, all Travel; DIA Instruction 5200.002, Follow the instructions for submitting persons with access to DIA facilities and Credibility Assessment Program and comments. infrastructure, all persons under the E.O. 9397 (SSN), as amended.’’ * Mail: Federal Docket Management security cognizance of DIA. Persons System Office, 1160 Defense Pentagon, about whom other U.S. government PURPOSE(S): Washington, DC 20301–1160. agencies have requested investigative Delete entry and replace with ‘‘The Instructions: All submissions received assistance from DIA as part of lawful system will manage records used to must include the agency name and investigations by their agency. accomplish security and docket number or Regulatory Individuals identified as the result of an counterintelligence functions. Information Number (RIN) for this administrative, security and/or Information is used to comply with Federal Register document. The general investigative function who could pose a regulatory requirements related to initial policy for comments and other threat to DIA operations, data, and continued employment, to submissions from members of the public personnel, facilities and systems.’’ determine eligibility for access to is to make these submissions available classified information, to protect the for public viewing on the Internet at CATEGORIES OF RECORDS IN THE SYSTEM: agency’s operations, data, personnel, http://www.regulations.gov as they are Delete entry and replace with facilities and systems (by using received without change, including any ‘‘Personnel: Name, date and place of administrative, security and personal identifiers or contact birth, Social Security Number (SSN), investigative functions to detect actual information. gender, race, home address, family and or potential threats and risks) and to FOR FURTHER INFORMATION CONTACT: dependent information, biometric data, document training and education’’. Ms. Theresa Lowery, Defense medical/psychological information, * * * * * Intelligence Agency, DAN 1–C, 600 financial, employment, training records, McDill Blvd., Washington, DC 20340– test results and education history, STORAGE: 0001 or by phone at (202) 231–1193. statements of personal history. Delete entry and replace with ‘‘Paper SUPPLEMENTARY INFORMATION: The Administrative: Case control number, and Electronic storage media’’. Defense Intelligence Agency system of forms, documents and correspondence RETRIEVABILITY: records notices subject to the Privacy relating to security files, personnel Act of 1974, (5 U.S.C. 552a), as security, investigative and employment Delete entry and replace with ‘‘By last amended, have been published in the records, personnel security functions, name, Social Security Number (SSN), Federal Register and are available from nomination notices, indoctrination/ and applicable case control number’’. FOR FURTHER INFORMATION debriefing memoranda, secrecy and the address in SAFEGUARDS: CONTACT. nondisclosure agreements, certificates of The proposed system report, as clearance. Delete entry and replace with required by 5 U.S.C. 552a of the Privacy Adjudication memoranda and ‘‘Records are stored in office buildings Act of 1974, as amended, was submitted supporting documentation, in-house protected by guards, controlled on June 8, 2011 to the House Committee investigations, security violations, screenings, use of visitor registers, on Oversight and Government Reform, security threats and incidents, electronic access, and/or locks. Access the Senate Committee on Homeland investigations and inquiries of criminal to records is limited to individuals who Security and Governmental Affairs, and and counterintelligence matters, are properly screened and cleared on a the Office of Management and Budget investigative referrals, need-to-know basis in the performance (OMB) pursuant to paragraph 4c of counterintelligence reporting, foreign of their duties. Passwords and User IDs Appendix I to OMB Circular No. A–130, travel, foreign contacts, identification are used to control access to the system ‘‘Federal Agency Responsibilities for badge records, retrieval indices, data, and procedures are in place to Maintaining Records About Individuals, clearance status records, facility and deter and detect browsing and ‘‘dated February 8, 1996 (February 20, access control records.’’ unauthorized access. Physical and 1996, 61 FR 6427). electronic access are limited to persons AUTHORITY FOR MAINTENANCE OF THE SYSTEM: responsible for servicing and authorized Dated: June 9, 2011. Delete entry and replace with to use the system’’. Aaron Siegel, ‘‘National Security Act of 1947; Alternate OSD Federal Register Liaison Executive Order 12333, United States RETENTION AND DISPOSAL: Officer, Department of Defense. Intelligence Activities; DoDD 5105.21, Delete entry and replace with LDIA 0660 Defense Intelligence Agency; DoDI ‘‘Security Files: Personnel Security 5240.06, Counterintelligence Records. Case files documenting the Security Files (July 24, 2006, 71 FR Awareness, Briefing, and Reporting processing of investigations on Federal 41784) Programs; DoDI 5200.08, Security of employees or applicants for Federal * * * * * DoD Installations and Resources; DoD employment, whether or not a security CHANGES: 5200.2.R, Personnel Security Program; clearance is granted, and other persons, DIA Directive 3020.400, DIA Critical such as those performing work for a SYSTEM NAME: Infrastructure Program; Intelligence Federal agency under contract, who Delete entry and replace with Community Directive (ICD) 704, require an approval before having access ‘‘Security and Counterintelligence Personnel Security Standards and to Government facilities or to sensitive Records’’. Procedures Governing Eligibility for data. These files include questionnaires, * * * * * Access to Special Compartmented summaries of reports prepared by the

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investigating agency, and other records Request should contain the An exemption rule for this system has reflecting the processing of the individual’s full name, current address, been promulgated in accordance with investigation and the status of the and telephone number’’. the requirements of 5 U.S.C clearance, exclusive of copies of 553(b)(1),(2), and (3), (c) and (e) and RECORD ACCESS PROCEDURES: investigative reports furnished by the published in 32 CFR part 319’’. Delete entry and replace with investigating agency. Temporary- * * * * * Destroy upon notification of death or 5 ‘‘Individuals seeking access to years after separation or transfer of information about themselves, LDIA 0660 contained in this system of records, employee or no later than 5 years after SYSTEM NAME: contract relationship expires. should address written inquiries to the DIA Freedom of Information Office Security and Counterintelligence Security Files: Polygraph (DAN–1A), 200 MacDill Blvd, Records. examinations, favorable examinations; Washington, DC 20340–5100. SYSTEM LOCATION: Temporary-Destroy 90 days. Request should contain the Defense Intelligence Agency, 200 Unfavorable Examinations; individual’s full name, current address, MacDill Boulevard, Washington, DC examinations considered as part of an and telephone number’’. investigation action necessary for 20304–5100. security adjudicative purposes and CONTESTING RECORD PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE includes the Medical/Psychiatric Delete entry and replace with ‘‘DIA’s SYSTEM: Condition Statement-Temporary- rules for accessing records, for Current and former Defense Destroy when 15 years old. contesting contents and appealing Intelligence Agency (DIA) civilian, Medical and Psychiatric Condition initial agency determinations are military and contractor personnel, Statement (Favorable), Temporary- published in DIA Instruction 5400.001 nominees for employment with DIA, all Destroy when 1 year old; (Unfavorable), ‘‘Defense Intelligence Agency Privacy persons with access to DIA facilities and Temporary-Destroy when 15 years old. Program’’; or may be obtained from the infrastructure, all persons under the Examinations considered records of system manager’’. security cognizance of DIA. Persons major significance, congressional RECORD SOURCE CATEGORIES: about whom other U.S. government interest, national security or upon Delete entry and replace with agencies have requested investigative which significant action was taken ‘‘Subject individuals, agency and other assistance from DIA as part of lawful (trial, courts-martial, employment government officials as well as open investigations by their agency. termination). PERMANENT—Offer to source information’’. Individuals identified as the result of an National Archives and Records administrative, security and/or Administration (NARA) when 25–30 EXEMPTIONS CLAIMED FOR THE SYSTEM: investigative function who could pose a years old. Final disposition Delete entry and replace with threat to DIA operations, data, determinations of individual cases are ‘‘Investigatory material compiled for law personnel, facilities and systems. made by NARA. enforcement purposes, other than CATEGORIES OF RECORDS IN THE SYSTEM: Security Violations: Temporary- material within the scope of subsection Destroy 5 years after close of case. Files 5 U.S.C 552a(j)(2), may be exempt Personnel: Name, date and place of referred for prosecution determination; pursuant to 5 U.S.C 552(k)(2). However, birth, Social Security Number (SSN), Temporary-Destroy 3 years after close of if an individual is denied any right, gender, race, home address, family and case. privilege, or benefit for which he would dependent information, biometric data, Orientation and Training: Temporary- otherwise be entitled by Federal law or medical/psychological information, Destroy when no longer required for which he would otherwise be eligible, financial, employment, training records, current operations (documents as a result of maintenance of the test results and education history, reflecting training, security orientation, information, the individual will be statements of personal history. Administrative: Case control number, and compliance with security provided access to the information forms, documents and correspondence regulations). except to the extent that disclosure relating to security files, personnel Non-Disclosure Agreements: would reveal the identity of a security, investigative and employment Temporary-Destroy when 70 years old. confidential source. This exemption records, personnel security functions, Logs and Registers: Temporary- provides limited protection of nomination notices, indoctrination/ Destroy 2 years after final entry.’’ investigative reports maintained in a debriefing memoranda, secrecy and system of records used in personnel or SYSTEM MANAGER(S) AND ADDRESS: nondisclosure agreements, certificates of administrative actions. clearance. Delete entry and replace with (k)(5) Investigatory material complied Adjudication memoranda and ‘‘Counterintelligence and Security solely for the purpose of determining supporting documentation, in-house Office, Defense Intelligence Agency, 200 suitability, eligibility, or qualifications investigations, security violations, MacDill Blvd, Washington DC 20340– for Federal civilian employment, security threats and incidents, 5100’’. military service, Federal contracts, or investigations and inquiries of criminal access to classified information but only NOTIFICATION PROCEDURE: and counterintelligence matters, to the extent such material would reveal investigative referrals, Delete entry and replace with the identity of a confidential source. counterintelligence reporting, foreign ‘‘Individuals seeking to determine (k)(6) Testing or examination material travel, foreign contacts, identification whether information about themselves used to determine individual badge records, retrieval indices, is contained in this system of records qualifications for appointment or clearance status records, facility and should address written inquiries to the promotion in the Federal or military access control records. DIA Freedom of Information Office service, if the disclosure of such (DAN–1A), Defense Intelligence Agency, material would compromise the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 200 MacDill Blvd, Washington, DC objectivity or fairness of the test or National Security Act of 1947; 20340–5100. examination process. Executive Order 12333; United States

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Intelligence Activities; DoDD 5105.21, RETRIEVABILITY: determinations of individual cases are Defense Intelligence Agency; DoDI By last name, Social Security Number made by NARA. 5240.06, Counterintelligence (SSN), and applicable case control Security Violations: Temporary- Awareness, Briefing, and Reporting number. Destroy 5 years after close of case. Files Programs; DoDI 5200.08, Security of referred for prosecution determination; DoD Installations and Resources; DoD SAFEGUARDS: Temporary- Destroy 3 years after close 5200.2.R, Personnel Security Program; Records are stored in office buildings of case. DIA Directive 3020.400, DIA Critical protected by guards, controlled Orientation and Training: Temporary- Infrastructure Program; Intelligence screenings, use of visitor registers, Destroy when no longer required for Community Directive (ICD) 704, electronic access, and/or locks. Access current operations (documents Personnel Security Standards and to records is limited to individuals who reflecting training, security orientation, Procedures Governing Eligibility for are properly screened and cleared on a and compliance with security Access to Special Compartmented need-to-know basis in the performance regulations). Information and Other Controlled of their duties. Passwords and User IDs Non-Disclosure Agreements: Access Program Information; DIA are used to control access to the system Temporary—Destroy when 70 years old. Manual 50–8, Personnel Security data, and procedures are in place to Logs and Registers: Temporary- Program; DIA Manual 50–14, Security deter and detect browsing and Destroy 2 years after final entry. Investigations; DIA Regulation 50–17, unauthorized access. Physical and SYSTEM MANAGER(S) AND ADDRESS: Reporting Foreign Contact and Foreign electronic access are limited to persons Counterintelligence and Security Travel; DIA Instruction 5200.002, responsible for servicing and authorized Office, Defense Intelligence Agency, 200 Credibility Assessment Program and to use the system. E.O. 9397 (SSN), as amended. MacDill Blvd., Washington, DC 20340– RETENTION AND DISPOSAL: 5100. PURPOSE(S): Security Files: Personnel Security NOTIFICATION PROCEDURE: The system will manage records used Records. Case files documenting the Individuals seeking to determine to accomplish security and processing of investigations on Federal counterintelligence functions. whether information about themselves employees or applicants for Federal is contained in this system of records Information is used to comply with employment, whether or not a security regulatory requirements related to initial should address written inquiries to the clearance is granted, and other persons, DIA Freedom of Information Office and continued employment, to such as those performing work for a determine eligibility for access to (DAN–1A), Defense Intelligence Agency, Federal agency under contract, who 200 MacDill Blvd, Washington, DC classified information, to protect the require an approval before having access agency’s operations, data, personnel, 20340–5100. to Government facilities or to sensitive Request should contain the facilities and systems (by using data. These files include questionnaires, individual’s full name, current address, administrative, security and summaries of reports prepared by the and telephone number. investigative functions to detect actual investigating agency, and other records or potential threats and risks) and to reflecting the processing of the RECORD ACCESS PROCEDURES: document training and education. investigation and the status of the Individuals seeking access to ROUTINE USES OF RECORDS MAINTAINED IN THE clearance, exclusive of copies of information about themselves, SYSTEM, INCLUDING CATEGORIES OF USERS AND investigative reports furnished by the contained in this system of records, THE PURPOSES OF SUCH USES: investigating agency; Temporary- should address written inquiries to the In addition to those disclosures Destroy upon notification of death or 5 DIA Freedom of Information Office generally permitted under 5 U.S.C. years after separation or transfer of (DAN–1A), 200 MacDill Blvd., 552a(b) of the Privacy Act of 1974, these employee or no later than 5 years after Washington, DC 20340–5100. records contained therein may contract relationship expires. Request should contain the specifically be disclosed outside the Security Files: Polygraph individual’s full name, current address, DoD as a routine use pursuant to 5 examinations, favorable examinations; and telephone number. Temporary-Destroy 90 days. U.S.C. 552a(b)(3) as follows: CONTESTING RECORD PROCEDURES: Unfavorable Examinations; Information may be disclosed to other DIA’s rules for accessing records, for Federal agencies, state and local examinations considered as part of an investigation action necessary for contesting contents and appealing governments, as may have an official initial agency determinations are need for such information and agree to security adjudicative purposes and includes the Medical/Psychiatric published in DIA Instruction 5400.001 apply appropriate safeguards to protect ‘‘Defense Intelligence Agency Privacy the data in a manner consistent with the Condition Statement-Temporary- Destroy when 15 years old. Program’’; or may be obtained from the conditions or expectations under which system manager. the information was provided, collected Medical and Psychiatric Condition or obtained. Statement (Favorable), Temporary- RECORD SOURCE CATEGORIES: The DoD ‘Blanket Routine Uses’ set Destroy when 1 year old; (Unfavorable), Subject individuals, agency and other forth at the beginning of the Defense Temporary-Destroy when 15 years old. government officials as well as open Intelligence Agency’s compilation of Examinations considered records of source information. systems records notices apply to this major significance, congressional system. interest, national security or upon EXEMPTIONS CLAIMED FOR THE SYSTEM: which significant action was taken Investigatory material compiled for POLICIES AND PRACTICES FOR STORING, (trial, courts-martial, employment law enforcement purposes, other than RETRIEVING, ACCESSING, RETAINING, AND termination). PERMANENT—Offer to material within the scope of subsection DISPOSING OF RECORDS IN THE SYSTEM: National Archives and Records 5 U.S.C 552a(j)(2), may be exempt STORAGE: Administration (NARA) when 25–30 pursuant to 5 U.S.C 552(k)(2). However, Paper and Electronic storage media. years old. Final disposition if an individual is denied any right,

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privilege, or benefit for which he would * Mail: Federal Docket Management CATEGORIES OF RECORDS IN THE SYSTEM: otherwise be entitled by Federal law or System Office, 1160 Defense Pentagon, Personal Information: Individual’s which he would otherwise be eligible, Washington, DC 20301–1160. name, rank/grade, address, date of birth, as a result of maintenance of the Instructions: All submissions received eye color, height, weight, place of birth, information, the individual will be must include the agency name and Social Security Number (SSN), and provided access to the information docket number or Regulatory similar personal identifiers for except to the extent that disclosure Information Number (RIN) for this beneficiary/dependant purposes; would reveal the identity of a Federal Register document. The general driver’s license number, security confidential source. This exemption policy for comments and other clearance level, office location, assigned provides limited protection of submissions from members of the public user name and security questions, local investigative reports maintained in a is to make these submissions available and home of record addresses, phone system of records used in personnel or for public viewing on the Internet at numbers and emergency contact administrative actions. http://www.regulations.gov as they are information. (k)(5) Investigatory material complied received without change, including any solely for the purpose of determining personal identifiers or contact Personnel Information: Evaluation suitability, eligibility, or qualifications information and review history, enrollment, for Federal civilian employment, participation, status and outcome FOR FURTHER INFORMATION CONTACT: Mr. information for personnel programs, military service, Federal contracts, or Charles J. Shedrick, Department of the access to classified information but only service qualification and performance Air Force Privacy Office, Air Force measures, types of orders, to the extent such material would reveal Privacy Act Office, Office of Warfighting the identity of a confidential source. accomplishments, skills and Integration and Chief Information competencies, career preferences, (k)(6) Testing or examination material officer, ATTN: SAF/XCPPI, 1800 Air used to determine individual contract information related to Force Pentagon, Washington DC 20330– accession and Oath of Office, enlistment qualifications for appointment or 1800, or by phone at 703–696–6488. promotion in the Federal or military and re-enlistment, and separation service, if the disclosure of such SUPPLEMENTARY INFORMATION: The information, benefits eligibility, material would compromise the Department of the Air Force’s notices enrollment, designations and status objectivity or fairness of the test or for systems of records subject to the information, Uniform Code of Military examination process. Privacy Act of 1974 (5 U.S.C. 552a), as Justice (UCMJ) actions summarizing An exemption rule for this system has amended, have been published in the court martial, non-judicial punishments, been promulgated in accordance with Federal Register and are available from and similar or related documents. FOR FURTHER INFORMATION the requirements of 5 U.S.C 553(b)(1), the address in Circumstances of an incident the (2), and (3), (c) and (e) and published in CONTACT. member was involved in and whether 32 CFR part 319. The proposed systems reports, as he or she is in an injured, wounded, required by 5 U.S.C. 552a(r) of the seriously wounded, or ill duty status [FR Doc. 2011–14941 Filed 6–15–11; 8:45 am] Privacy Act, were submitted on June 8, from the incident. BILLING CODE 5001–06–P 2011 to the House Committee on Duty related information: Duty Oversight and Government Reform, the station, employment and job related Senate Committee on Homeland DEPARTMENT OF DEFENSE information and history, deployment Security and Governmental Affairs, and information, work title, work address Department of the Air Force the Office of Management and Budget and related work contact information (OMB) pursuant to paragraph 4c of (e.g., phone and fax numbers, E-mail Appendix I to OMB Circular No. A–130, [Docket ID: USAF–2011–0016] address), supervisor’s name and related ‘‘Federal Agency Responsibilities for contact information. Maintaining Records about Privacy Act of 1974; System of Education and training: Graduation Records Individuals,’’ dated February 8, 1996, (February 20, 1996, 61 FR 6427). dates and locations, highest level of education, other education, training and AGENCY: Department of the Air Force, Dated: June 8, 2011. DoD. school information including courses Aaron Siegel, and training completion dates. ACTION: Notice to Add a System of Alternate OSD Federal Register Liaison Records. Pay Entitlement and Allowances: Pay Officer, Department of Defense. information including earnings and SUMMARY: The Department of the Air F036 AFMC L allowances, additional pay (bonuses, Force proposes to add a system of special, and incentive pays), payroll records to its inventory of record SYSTEM NAME: computation, balances and history with systems subject to the Privacy Act of Air Force Integrated Personnel and associated accounting elements, leave 1974 (5 U.S.C. 552a), as amended. Pay System (AF–IPPS). balances and leave history.

DATES: The proposed action will be SYSTEM LOCATION: Deductions from Pay: Tax information effective on July 18, 2011 unless (federal, state and local) based on Command, Control, Communications comments are received that would withholding options, payroll and Computers Enterprise Integration result in a contrary determination. deductions, garnishments, savings bond Facility (CEIF), 15 Elgin St., Hanscom information including designated ADDRESSES: You may submit comments, Air Force Base, MA 01731–3000. identified by dock number and/RIN owner, deductions, and purchase dates, number and title, by any of the CATEGORIES OF INDIVIDUALS COVERED BY THE thrift savings plan participation. following methods: SYSTEM: Other pay-related information: Direct * Federal Rulemaking Portal: http:// Active Duty Air Force, Air Force deposit information including financial www.regulations.gov Follow the Reserve, and Air National Guard institution name, routing number, and instructions for submitting comments. personnel. account information.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: To state and local agencies in the To the officials and employees of the 10 U.S.C. 113 note, Secretary of performance of their official duties Department of Labor in the performance Defense; 10 U.S.C. 8013, Secretary of the related to verification of status for of their official duties related to Air Force; 37 U.S.C Pay and Allowances determination of eligibility for Veterans employment and compensation. of the Uniformed Services; 10 U.S.C., bonuses and other benefits and Note: Disclosure to consumer reporting Armed Forces; Under Secretary of entitlements. agencies. Defense for Personnel and Readiness; To officials and employees of the Disclosures pursuant to 5 U.S.C. E.O. 9397 (SSN), as amended. American Red Cross in the performance 552a(b)(12) may be made from this system to of their duties relating to the assistance ‘consumer reporting agencies’ as defined in PURPOSE(S): of the members and their dependents the Fair Credit Reporting Act (14 U.S.C. The Air Force Integrated Personnel and relatives, or related to assistance 1681a(f)) or the Federal Claims Collection and Pay System (AF–IPPS) fully previously furnished such individuals, Act of 1966 (31 U.S.C. 3701(a)(3)). The integrates military personnel and pay without regard to whether the purpose of this disclosure is to aid in the capabilities for all Active Duty Air individual assisted or his/her sponsor collection of outstanding debts owed to the Force, Air National Guard, and Air Federal government, typically to provide an continues to be a member of the Military incentive for debtors to repay delinquent Force Reserves. The system provides a Service. Access will be limited to those single record of service for each officer/ Federal government debts by making these portions of the member’s record debts part of their credit records. enlisted member and will provide required to effectively assist the Combatant Commanders real-time member. The disclosure is limited to accurate force strength and readiness, To the U.S. Citizenship and information necessary to establish the better tracking of personnel into and out Immigration Services for use in making identity of the individual, including of theaters of operations, enhanced alien admission and naturalization name, address, and taxpayer mission planning and support. This inquiries. To the Social Security identification number (Social Security single record of service and will become Administration to obtain or verify Social Number (SSN)); the amount, status and the Air Force’s authoritative source of Security Numbers or to substantiate history of the claim, and the agency or data used to populate the Department of applicant’s credit for social security program under which the claim arose Defense’s data bases via the Enterprise compensation. for the sole purpose of allowing the Information Web (EIW). AF–IPPS will To officials and employees of the consumer reporting agency to prepare a also allow Air Force Manpower and Office of the Sergeant at Arms of the commercial credit report. Personnel office to be aligned with the United States House of Representatives The DoD ‘‘Blanket Routine Uses’’ set Air Force’s strategic vision and provide in the performance of their official forth at the beginning of the Air Force’s a solution with the adaptability to duties related to the verification of the compilation of the System of Records effectively manage Air Force personnel active duty military service of Members Notices apply to this system. in operational concepts of mobilization, of Congress. Access is limited to those POLICIES AND PRACTICES FOR STORING, activation, contingency operations, portions of the member’s record RETRIEVING, ACCESSING, RETAINING, AND requirements, and assignment actions. required to verify time in service. DISPOSING OF RECORDS IN THE SYSTEM: In addition to those disclosures To the widow or widower, dependent, generally permitted under 5 U.S.C. or next-of-kin of deceased members to STORAGE: 552a(b) of the Privacy Act of 1974, these settle the affairs of the deceased Electronic storage media. records contained therein may member. The individuals will have to RETRIEVABILITY: specifically be disclosed outside the verify relationship by providing a birth Individual’s name, Social Security Department of Defense (DoD) as a certificate, marriage license, death Number (SSN), and date of birth. routine use pursuant to 5 U.S.C. certificate, or court document as 552a(b)(3) as follows: requested/required to prove identity. SAFEGUARDS: To officials and employees of the To governmental agencies for the Physical entry will be restricted by Department of Health and Human conduct of computer matching the use of locks, guards, and will be Services, and Selective Service agreements for the purpose(s) of accessible only to authorized personnel Administration in the performance of determining eligibility for Federal with a need-to-know. Access to personal their official duties related to eligibility, benefit programs, to determine data will be limited to person(s) notification, and assistance in obtaining compliance with benefit program responsible for maintaining and benefits for which members, former requirements and to recover improper servicing AF–IPPS data in performance members or retiree may be eligible. payments or delinquent debts under a of their official duties and who are To officials and employees of the federal benefit program. To Federal and properly trained, screened and cleared Department of Veterans Affairs in the state licensing authorities and civilian for a need-to-know. Access to personal performance of their official duties certification boards, committees and/or data will be further restricted by related to approved research projects, ecclesiastical endorsing organizations encryption and the use of Common and for processing and adjudicating for the purposes of professional Access Card (CAC) and/or strong claims, determining eligibility, credentialing (licensing and password, which are changed notification, and assistance in obtaining certification) of lawyers, chaplains and periodically according to DoD and Air benefits and medical care for which health professionals. Force policies. members, former members, retiree and To Federal agencies such as the family members/annuitants may be National Academy of Sciences, for the RETENTION AND DISPOSAL: eligible. To the Department of Veterans purposes of conducting personnel and/ Those records designated as Affairs to provide information regarding or health-related research in the interest temporary in the prescribing directive a service-member’s record or family of the Federal government and the remain in the records until their member for the purposes of supporting public. When not considered obsolescence (superseded, member eligibility processing for the Service- mandatory, the names and other terminates status or retires) when they member’s Group Life Insurance identifying data will be eliminated from are removed and provided to the program. records used for such research studies. individual.

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Unfavorable communications in the ‘I declare (or certify, verify, or state) Federal Register document. The general Open Systems Research Group (OSRG) under penalty of perjury under the laws policy for comments and other are transferred to the Air Reserve of the United States of America that the submissions from members of the public Component and retained for one year foregoing is true and correct. Executed is to make these submissions available following an officer’s termination of on (date). (Signature)’. If executed for public viewing on the Internet at status or destroyed if the officer retires within the United States, its territories, http://www.regulations.gov as they are or dies. possessions, or commonwealths: ‘I received without change, including any Those documents designated as declare (or certify, verify, or state) under personal identifiers or contact permanent remain in the military penalty of perjury that the foregoing is information. personnel records system permanently true and correct. Executed on (date). FOR FURTHER INFORMATION CONTACT: and are retired with the master (Signature)’. Mr. personnel record group. Leroy Jones, Department of the Army, CONTESTING RECORD PROCEDURES: Privacy Office, U.S. Army Records SYSTEM MANAGER(S) AND ADDRESS: The Air Force rules for accessing Management and Declassification Program Director, AFMC/ESC/HIS/ records, and for contesting contents and Agency, 7701 Telegraph Road, Casey AF–IPPS, Bldg 1102C, 3rd Floor 29 appealing initial agency determinations Building, Suite 144, Alexandria, VA Randolph Rd., Hanscom AFB, MA are published in Air Force Instruction 22325–3905, or by phone at (703) 428– 01731–3000. 37–132; 32 CFR Part 806b; or may be 6185. obtained from the system manager. SUPPLEMENTARY INFORMATION: NOTIFICATION PROCEDURE: RECORD SOURCE CATEGORIES: Department of the Army notices for Individuals seeking to determine systems of records subject to the Privacy Data contained in this system is whether this system of records contains Act of 1974 (5 U.S.C. 552a), as amended, collected from the individuals and information on themselves should have been published in the Federal current Air Force Human Resource address written inquiries to Program Register and are available from the Director, AFMC/ESC/HIS/AF–IPPS, Offices and integrated pay systems. address in FOR FURTHER INFORMATION Bldg 1102C, 29 Randolph Rd., Hanscom EXEMPTIONS CLAIMED FOR THE SYSTEM: CONTACT. AFB, MA 01731–3000. For verification purposes, individuals None. The proposed system report, as should provide their full name, Social [FR Doc. 2011–14940 Filed 6–15–11; 8:45 am] required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was Security Number (SSN), any details BILLING CODE 5001–06–P which may assist in locating records, submitted on June 7, 2011 to the House and their signature. Committee on Government Reform, the In addition, the requester must DEPARTMENT OF DEFENSE Senate Committee on Homeland provide a notarized statement or an Security and Governmental Affairs, and unsworn declaration made in Department of the Army the Office of Management and Budget accordance with 28 U.S.C. 1746, in the [Docket ID: USA–2011–0012] (OMB) pursuant to paragraph 4c of following format: Appendix I to OMB Circular No. A–130, If executed outside the United States: Privacy Act of 1974; System of ‘‘Federal Agency Responsibilities for ‘I declare (or certify, verify, or state) Records Maintaining Records About under penalty of perjury under the laws Individuals,’’ February 20, 1996, 61 FR AGENCY: Department of the Army, DoD. of the United State of America that the 6427. foregoing is true and correct. Executed ACTION: Notice to alter a system of Dated: June 7, 2011. records. on (date). (Signature)’. If executed Aaron Siegel, within the United States, its territories, SUMMARY: Department of the Army is Alternate OSD Federal Register Liaison possessions, or commonwealths: ‘I altering a system of records notice in its Officer, Department of Defense. declare (or certify, verify, or state) under existing inventory of record systems A0351b TRADOC DoD penalty of perjury that the foregoing is subject to the Privacy Act of 1974 true and correct. Executed on (date). (5 U.S.C. 552a), as amended. SYSTEM NAME: (Signature)’. DATES: This proposed action will be Army Correspondence Course RECORD ACCESS PROCEDURES: effective without further notice on July Program (ACCP) (July 25, 2008, 73 FR Individuals seeking access to 18, 2011 unless comments are received 43420). information about themselves contained which result in a contrary in this system of records should address determination. CHANGES: written inquiries to Air Force Records— ADDRESSES: You may submit comments, SYSTEM NAME: Air Force Personnel Center, HQ AFPC/ identified by docket number and/ DPSSRP, 550 C Street West, Suite 19, Regulatory Information Number (RIN) Delete entry and replace with ‘‘Army Randolph AFB, TX 78150–4721. and title, by any of the following Training Information Architecture— For verification purposes, individuals methods: Learning Management System (ATIA– should provide their full name, Social * Federal Rulemaking Portal: http:// LMS).’’ Security Number (SSN), any details www.regulations.gov. Follow the * * * * * which may assist in locating records, instructions for submitting comments. and their signature. * Mail: Federal Docket Management AUTHORITY FOR MAINTENANCE OF THE SYSTEM: In addition, the requester must System Office, 1160 Defense Pentagon, Delete entry and replace with ‘‘10 provide a notarized statement or an Washington, DC 20301–1160. U.S.C. 3013, Secretary of the Army; unsworn declaration made in Instructions: All submissions received Army Regulation 350–1, Army Training accordance with 28 U.S.C. 1746, in the must include the agency name and and Leader Development; Army following format: docket number or Regulatory Regulation 350–10, Management of If executed outside the United States: Information Number (RIN) for this Army Individual Training Requirements

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and Resources; and E.O. 9397 (SSN), as that the foregoing is true and correct. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: amended.’’ Executed on (date). (Signature)’.’’ 10 U.S.C. 3013, Secretary of the Army; Army Regulation 350–1, Army Training * * * * * RECORD ACCESS PROCEDURES: and Leader Development; Army SAFEGUARDS: Delete entry and replace with Regulation 350–10, Management of Delete entry and replace with ‘‘The ‘‘Individuals seeking access to Army Individual Training Requirements system is hosted on an Army information about themselves contained and Resources; and E.O. 9397 (SSN), as installation, in a secure environment at in this system should address written amended. the Training Capability Manager—Army inquiries to the Commander, U.S. Army Training Information System (TCM– Training Support Center, Building 2114, PURPOSE(S): ATIS). Building security is through Pershing Avenue, Fort Eustis, VA To record lessons and/or exam grades; Police patrols, installation fences, key 23604–5166. maintain student academic status; card access, building-server room Individual must furnish his/her full course and sub-course descriptions; alarms and cameras. System access is name, Social Security Number (SSN), produce course completion certificates through the Directorate of Information current address and telephone number, and reflect credit hours earned; and Management’s (DOIM’s) firewall. and military status or other information produce management summary reports. Servers are frequently scanned and verifiable from the record itself which ROUTINE USES OF RECORDS MAINTAINED IN THE comply with current Security Technical may assist in locating the record, and their signature. SYSTEM, INCLUDING CATEGORIES OF USERS AND Implementation Guides (STIGS) which In addition, the requester must THE PURPOSES OF SUCH USES: ensures proper security settings. Each provide a notarized statement or an In addition to those disclosures user requires a user ID and password unsworn declaration made in generally permitted under 5 U.S.C. (which has to be changed each 90 days). accordance with 28 U.S.C. 1746, in the 552a(b) of the Privacy Act of 1974, these Direct access to the database is following format: records contained therein may restricted to authorized System If executed outside the United States: specifically be disclosed outside the Administrators (SAs) only. Server ‘I declare (or certify, verify, or state) DoD as a routine use pursuant to 5 access is controlled by IP address. under penalty of perjury under the laws U.S.C. 552a(b)(3) as follows: System is accessible world-wide. of the United States of America that the The DoD ‘Blanket Routine Uses’ set Servers are located in a cipher locked foregoing is true and correct. Executed forth at the beginning of the Army’s room and access is controlled by the on (date). (Signature)’. compilation of systems of records SA.’’ If executed within the United States, notices also apply to this system. * * * * * its territories, possessions, or commonwealths: ‘I declare (or certify, POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER(S) AND ADDRESS: verify, or state) under penalty of perjury RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Delete entry and replace with that the foregoing is true and correct. ‘‘Commander, Army Training Support Executed on (date). (Signature)’.’’ STORAGE: Center, Building 2114, Pershing * * * * * Electronic storage media. Avenue, Fort Eustis, VA 23604–5166.’’ A0351b TRADOC DoD RETRIEVABILITY: NOTIFICATION PROCEDURE: By name and Social Security Number SYSTEM NAME: Delete entry and replace with (SSN). ‘‘Individuals seeking to determine Army Training Information whether information about themselves Architecture—Learning Management SAFEGUARDS: is contained in this system should System (ATIA–LMS). The system is hosted on an Army address written inquiries to the installation, in a secure environment at SYSTEM LOCATION: Commander, U.S. Army Training the Training Capability Manager—Army Support Center, Building 2114, Pershing Commander, U.S. Army Training Training Information System (TCM– Avenue, Fort Eustis, VA 23604–5166. Support Center, 3308 Wilson Avenue, ATIS). Building security is through Individual must furnish his/her full Fort Eustis, VA 23604–5166. Police patrols, installation fences, key name, Social Security Number (SSN), CATEGORIES OF INDIVIDUALS COVERED BY THE card access, building-server room current address and telephone number, SYSTEM: alarms and cameras. System access is and military status or other information Members of the Army, Navy, Marine through the Directorate of Information verifiable from the record itself which Corps, and Air Force, Reserve Officer Management’s (DOIM’s) firewall. may assist in locating the record, and Training Corps and National Defense Servers are frequently scanned and their signature. Cadet Corps students, Department of comply with current Security Technical In addition, the requester must Defense civilian employees, and Implementation Guides (STIGS) which provide a notarized statement or an approved foreign military personnel ensures proper security settings. Each unsworn declaration made in enrolled in a non-resident course user requires a user ID and password accordance with 28 U.S.C. 1746, in the administered by the Army Institute for (which has to be changed each 90 days). following format: Professional Development. Direct access to the database is If executed outside the United States: restricted to authorized System ‘I declare (or certify, verify, or state) CATEGORIES OF RECORDS IN THE SYSTEM: Administrators (SAs) only. Server under penalty of perjury under the laws Files contain name, grade/rank, Social access is controlled by IP address. of the United States of America that the Security Number (SSN), address, service System is accessible world-wide. foregoing is true and correct. Executed component, branch, personnel Servers are located in a cipher locked on (date). (Signature)’. classification, military occupational room and access is controlled by the SA. If executed within the United States, specialty, credit hours accumulated, its territories, possessions, or examination and lesson grades, student RETENTION AND DISPOSAL: commonwealths: ‘I declare (or certify, academic status, curricula, course Student records indicating courses verify, or state) under penalty of perjury description. attended, course length, extent of

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completion, results, aptitudes and ‘I declare (or certify, verify, or state) Dated: June 9, 2011. personal qualities, grade, rating attained under penalty of perjury under the laws L.M. Senay, and related information destroy after 40 of the United States of America that the Lieutenant, Judge Advocate General’s Corps, years. Records of extension courses will foregoing is true and correct. Executed U.S. Navy, Federal Register Liaison Officer. be held for 3 years in current file area on (date). (Signature)’. [FR Doc. 2011–14930 Filed 6–15–11; 8:45 am] and 2 years in records holding area If executed within the United States, BILLING CODE 3810–FF–P before retirement to National Personnel its territories, possessions, or Records Center, 9700 Page Avenue, St. commonwealths: ‘I declare (or certify, Louis, MO 63132–5100. verify, or state) under penalty of perjury that the foregoing is true and correct. DEPARTMENT OF ENERGY SYSTEM MANAGER(S) AND ADDRESS: Executed on (date). (Signature)’. Commander, Army Training Support Office of Energy Efficiency and Center, Building 2114, Pershing CONTESTING RECORD PROCEDURES: Renewable Energy Avenue, Fort Eustis, VA 23604–5166. The Army’s rules for accessing records, contesting content, and Proposed Agency Information NOTIFICATION PROCEDURE: appealing initial agency determinations Collection Individuals seeking to determine are contained in Army Regulation 340– AGENCY: whether information about themselves Office of Energy Efficiency and 21; 32 CFR part 505; or may be obtained Renewable Energy, Department of is contained in this system should from the system manager. address written inquiries to the Energy. Commander, U.S. Army Training RECORD SOURCE CATEGORIES: ACTION: Notice and Request for Support Center, Building 2114, Pershing From individual upon enrollment, Comments. Avenue, Fort Eustis, VA 23604–5166. from class records and instructors, and SUMMARY: The Department of Energy Individual must furnish his/her full from graded examinations. (DOE) has submitted to the Office of name, Social Security Number (SSN), EXEMPTIONS CLAIMED FOR THE SYSTEM: Management and Budget (OMB) for current address and telephone number, clearance a proposal for collection of and military status or other information None. information under the provisions of the verifiable from the record itself which [FR Doc. 2011–14935 Filed 6–15–11; 8:45 am] Paperwork Reduction Act of 1995. The may assist in locating the record, and BILLING CODE 5001–06–P proposed collection will support the their signature. Weatherization Assistance Program In addition, the requester must Evaluation for the American Recovery provide a notarized statement or an DEPARTMENT OF DEFENSE and Reinvestment Act (ARRA) Period unsworn declaration made in Department of the Navy covering Program Years 2009, 2010, and accordance with 28 U.S.C. 1746, in the 2011. A 60-day notice and request for following format: Notice of Intent To Grant Partially- comments was published in the Federal If executed outside the United States: Exclusive Patent License; Sound Register on March 11, 2011, 76FR ‘I declare (or certify, verify, or state) Metrics Corp. 13398. No comments were received. under penalty of perjury under the laws This subsequent 30-day notice allows of the United States of America that the AGENCY: Department of the Navy, DoD. public comment on the final version of foregoing is true and correct. Executed ACTION: Notice. this information collection request. on (date). (Signature)’. If executed within the United States, SUMMARY: The Department of the Navy Comments are invited on: (a) Whether its territories, possessions, or hereby gives notice of its intent to grant the proposed collection of information commonwealths: ‘I declare (or certify, to Sound Metrics Corp. a revocable, is necessary for the proper performance verify, or state) under penalty of perjury non-assignable, partially-exclusive of the functions of the agency, including that the foregoing is true and correct. license to practice in the United States, whether the information shall have Executed on (date). (Signature)’. the Government-owned invention practical utility; (b) the accuracy of the described in U.S. Patent No. 12/806,258, agency’s estimate of the burden of the RECORD ACCESS PROCEDURES: Navy Case No. 100,287: Facemask proposed collection of information, Individuals seeking access to Display. including the validity of the methodology and assumptions used; (c) information about themselves contained DATES: Anyone wishing to object to the in this system should address written ways to enhance the quality, utility, and grant of this license must file written clarity of the information to be inquiries to the Commander, U.S. Army objections along with supporting Training Support Center, Building 2114, collected; and (d) ways to minimize the evidence, if any, not later than July 1, burden of the collection of information Pershing Avenue, Fort Eustis, VA 2011. 23604–5166. on respondents, including through the ADDRESSES: Written objections are to be Individual must furnish his/her full use of automated collection techniques filed with the Office of Counsel, Naval name, Social Security Number (SSN), or other forms of information Surface Warfare Center Panama City, current address and telephone number, technology. Please note that in the final 110 Vernon Ave., Code CDL, Panama and military status or other information version the estimated burden has City, FL 32407–7001. verifiable from the record itself which increased, primarily due to the may assist in locating the record, and FOR FURTHER INFORMATION CONTACT: Mr. collection of utility bill data on multiple their signature. James Shepherd, Patent Counsel, Naval instances instead of once as previously In addition, the requester must Surface Warfare Center Panama City, planned. provide a notarized statement or an 110 Vernon Ave., Panama City, FL DATES: Comments regarding this unsworn declaration made in 32407–7001, telephone 850–234–4646, proposed information collection must accordance with 28 U.S.C. 1746, in the fax 850–235–5497, or be received on or before July 18, 2011. following format: [email protected]. If you anticipate difficulty in submitting If executed outside the United States: Authority: 35 U.S.C. 207, 37 CFR Part 404. comments within that period, contact

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the person listed in ADDRESSES as soon Issued in Washington, DC, on June 9, 2011. proceeding can ask for court review of as possible. Henry Kelly, Commission orders in the proceeding. Acting Assistant Secretary, Energy Efficiency ADDRESSES: Written comments may be However, a person does not have to and Renewable Energy. sent to DOE Desk Officer, Office of intervene in order to have comments Information and Regulatory Affairs, [FR Doc. 2011–14997 Filed 6–15–11; 8:45 am] considered. The second way to Office of Management and Budget, New BILLING CODE 6450–01–P participate is by filing with the Executive Office Building, Room 10102, Secretary of the Commission, as soon as 725 17th Street, NW., Washington, DC DEPARTMENT OF ENERGY possible, an original and two copies of 20503; and Bruce Tonn, Environmental comments in support of or in opposition Sciences Division, Oak Ridge National Federal Energy Regulatory to this project. The Commission will Laboratory, One Bethel Valley Road, Commission consider these comments in P.O. Box 2008, MS–6038, Oak Ridge, TN [Docket No. CP10–43–001] determining the appropriate action to be 37831–6038, Fax #: (865) 576–8646, taken, but the filing of a comment alone [email protected]. High Island Offshore System, L.L.C.; will not serve to make the filer a party FOR FURTHER INFORMATION CONTACT: Notice of Amendment to the proceeding. The Commission’s rules require that persons filing Requests for additional information or Take notice that on June 6, 2011, High comments in opposition to the project copies of the information collection Island Offshore System, L.L.C. (HIOS), provide copies of their protests only to instrument and instructions should be 1100 Louisiana St., Houston, Texas directed to Bruce Tonn, Environmental 77002, filed in Docket No. CP10–43– the party or parties directly involved in Sciences Division, Oak Ridge National 001, to amend its application filed in the protest. Laboratory, One Bethel Valley Road, Docket No. CP10–43–000 pursuant to The Commission encourages P.O. Box 2008, MS–6038, Oak Ridge, TN section 7(b) of the Natural Gas Act electronic submission of protests and 37831–6038, Fax #: (865) 576–8646, (NGA) and Part 157 of the Commission’s interventions in lieu of paper using the [email protected]. regulations, by requesting authorization ‘‘eFiling’’ link at http://www.ferc.gov. The plan for this evaluation can be to establish its system’s firm, Persons unable to file electronically found at http://weatherization.ornl.gov/ certificated capacity at 500 MMcf per should submit an original and seven evaluation_period.shtml. The surveys day rather than the originally requested copies of the protest or intervention to and data forms that comprise this 350 MMcf per day. The requested the Federal Energy Regulatory information request can also be found at reduction in firm, certificated capacity Commission, 888 First Street, NE., that Web page. is related to HIOS’s request to abandon Washington, DC 20426. This filing is three compressor units on a platform at SUPPLEMENTARY INFORMATION: This accessible on-line at http://www.ferc.gov High Island Area Block 264, located using the ‘‘eLibrary’’ link and is package contains: (1) OMB No.: 1910– offshore Texas, all as more fully set available for review in the NEW; (2) Package Title: The forth in the application as amended Commission’s Public Reference Room in Weatherization Assistance Program which is on file with the Commission ARRA–Period Evaluation; (3) Type of and open to public inspection. Washington, DC. There is an Review: Regular; (4) Purpose: This Any questions regarding this ‘‘eSubscription’’ link on the Web site collection of information is necessary application should be directed to Jeff that enables subscribers to receive e- for a complete evaluation of the program Molinaro, High Island Offshore System, mail notification when a document is that will weatherize approximately L.L.C., 1100 Louisiana St., Houston, added to a subscribed docket(s). For 600,000 low-income homes in Program Texas 77002, or (telephone) 713–381– assistance with any FERC Online Years 2009, 2010 and 2011; (5) 2526, or [email protected], or (Fax) service, please e-mail Estimated Number of Total 713–803–2534. [email protected], or call Respondents: 6,604. Information will be There are two ways to become (866) 208–3676 (toll free). For TTY, call collected from seventy-four grantees involved in the Commission’s review of (202) 502–8659. (fifty states, five U.S. territories, this project. First, any person wishing to Comment Date: June 24, 2011. Washington DC, two Native American obtain legal status by becoming a party tribes, and sixteen Weatherization to the proceedings for this project Dated: June 9, 2011. Innovation grantees); thirty-four should, on or before the comment date Kimberly D. Bose, weatherization training centers; stated below, file with the Federal Secretary. approximately 1,000 local Energy Regulatory Commission, 888 [FR Doc. 2011–14899 Filed 6–15–11; 8:45 am] weatherization agencies; approximately First Street, NE., Washington, DC 20426, BILLING CODE 6717–01–P 1,200 utilities; approximately 1,240 a motion to intervene in accordance occupants/clients of weatherization; and with the requirements of the approximately 3,056 individuals Commission’s Rules of Practice and working in the weatherization field; (6) Procedure (18 CFR 385.214 or 385.211) Estimated Number of Total Responses: and the Regulations under the NGA (18 9,012; (7) Estimated Number of Total CFR 157.10). A person obtaining party Burden Hours: The estimated burden is status will be placed on the service list 83,527 hours; (8) Estimated Reporting maintained by the Secretary of the and Recordkeeping Cost Burden: There Commission and will receive copies of is no reporting or recordkeeping cost all documents filed by the applicant and burden associated with this request. by all other parties. A party must submit Authority: Section 6861 of title 42 of seven copies of filings made with the the United States Code and 10 CFR Commission and must mail a copy to 440.25 authorize the collection of this the applicant and to every other party in information. the proceeding. Only parties to the

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DEPARTMENT OF ENERGY (202) 502–8659. Although the provide for additional storage by adding Commission strongly encourages wooden flashboards. The licensee also Federal Energy Regulatory electronic filing, documents may also be proposes raising the upper reservoir Commission paper-filed. To paper-file, mail an pool elevation 2 feet, from 1,555 feet to [Project No. 2309–019] original and seven copies to: Kimberly 1,557 feet, allowing only 4 feet of D. Bose, Secretary, Federal Energy freeboard to the crest elevation of 1,561 Jersey Central Power and Light; PSEG Regulatory Commission, 888 First feet. As an additional precaution to Fossil LLC; Notice of Application Street, NE., Washington, DC 20426. existing monitors and controls, the Accepted for Filing, Soliciting Motions The Commission’s Rules of Practice licensee is proposing to install an To Intervene and Protests, Ready for require all intervenors filing documents overflow structure at the upper reservoir Environmental Analysis, and Soliciting with the Commission to serve a copy of to prevent overtopping the non-overflow Comments, Recommendations, that document on each person on the structures (dikes) in the event of high Preliminary Terms and Conditions, and official service list for the project. water levels. Preliminary Fishway Prescriptions Further, if an intervenor files comments m. A copy of the application is or documents with the Commission available for review at the Commission Take notice that the following relating to the merits of an issue that in the Public Reference Room or may be hydroelectric application has been filed may affect the responsibilities of a viewed on the Commission’s Web site at with the Commission and is available particular resource agency, they must http://www.ferc.gov using the for public inspection. also serve a copy of the document on ‘‘eLibrary’’ link. Enter the docket a. Type of Application: New Major that resource agency. number excluding the last three digits in License. k. This application has been accepted the docket number field to access the b. Project No.: 2309–019. for filing and is now ready for document. For assistance, contact FERC c. Date Filed: February 18, 2011. environmental analysis. Online Support. A copy is also available d. Applicant: Jersey Central Power l. The Yards Creek Pumped Storage for inspection and reproduction at the and Light and PSEG Fossil LLC. Project consists of: (1) An upper address in item h above. e. Name of Project: Yards Creek reservoir with a total usable storage Register online at http://www.ferc. Pumped Storage Project. capacity of 4,763 acre-feet; (2) a lower gov/docs-filing/esubscription.asp to be f. Location: The existing project is reservoir with a total usable storage notified via located on Yards Creek, in the capacity of 5,452 acre-feet; (3) an e-mail of new filings and issuances townships of Hardwick and Blairstown, auxiliary reservoir with seasonal storage related to this or other pending projects. Warren County, New Jersey. No Federal of 412 acre-feet formed by the auxiliary For assistance, contact FERC Online lands are involved. reservoir dam, which is 1,000 feet long Support. g. Filed pursuant to: Federal Power and 20 feet high; (4) a main, earthfill n. Anyone may submit comments, a Act, 16 U.S.C. 791(a)–825(r). dam at the lower reservoir that is 1,404 protest, or a motion to intervene in h. Applicant Contact: Timothy Oakes, feet long and 52 feet high; (5) an accordance with the requirements of Project Manager, Kleinschmidt auxiliary dike at the lower reservoir that Rules of Practice and Procedure, 18 CFR Associates, 2 East Main Street, is 2,091 feet long and 35 feet high; (6) 385.210, .211, .214. In determining the Strasburg, PA 17579; Telephone (717) a 2,116-foot, 35-foot-wide intake appropriate action to take, the 687–7211. channel in the floor of the upper Commission will consider all protests or i. FERC Contact: Allyson Conner, reservoir; (7) a 95-foot-high concrete other comments filed, but only those (202) 502–6082 or intake structure with trashracks and who file a motion to intervene in [email protected]. stop logs; (8) a 1,130-foot-long, 20-foot- accordance with the Commission’s j. Deadline for filing motions to diameter concrete-lined pressure tunnel; Rules may become a party to the intervene and protests, comments, (9) a 210-foot-long, 19-foot-diameter proceeding. Any comments, protests, or recommendations, preliminary terms steel-lined pressure tunnel; (10) a 144- motions to intervene must be received and conditions, and preliminary foot-long, 19-foot-diameter concrete on or before the specified comment date prescriptions: 60 days from the issuance encased steel-lined transition section; for the particular application. date of this notice; reply comments are (11) a 478-foot-long, 19-foot-diameter All filings must (1) bear in all capital due 105 days from the issuance date of steel penstock; (12) an 8-foot-long letters the title ‘‘PROTEST,’’ ‘‘MOTION this notice. reducer from a 19-foot-diameter to 18- TO INTERVENE,’’ ‘‘COMMENTS,’’ Motions to intervene, protests, foot-diameter penstock; (13) a 1,582- ‘‘REPLY COMMENTS,’’ comments, recommendations, foot-long, 18-foot-diameter steel ‘‘RECOMMENDATIONS,’’ preliminary terms and conditions, and penstock; (14) a 325-foot-long ‘‘PRELIMINARY TERMS AND preliminary fishway prescriptions may trifurcated penstock, one penstock per CONDITIONS,’’ or ‘‘PRELIMINARY be filed electronically via the Internet. pumping-generating unit that tapers FISHWAY PRESCRIPTIONS;’’ (2) set See 18 CFR 385.2001(a)(1)(iii) and the from 10-foot-diameter to 7-foot 2.5-inch- forth in the heading the name of the instructions on the Commission’s Web diameter; (15) 86.5-inch spherical guard applicant and the project number of the site http://www.ferc.gov/docs-filing/ valves at the entrance to each pump- application to which the filing efiling.asp. Commenters can submit turbine spiral case; (16) three vertical responds; (3) furnish the name, address, brief comments up to 6,000 characters, shaft, Francis-type, reversible pump- and telephone number of the person without prior registration, using the turbine engine units, each with a protesting or intervening; and (4) eComment system at http:// nameplate generating capacity of 140 otherwise comply with the requirements www.ferc.gov/docs-filing/ megawatts; (17) a 140-foot-long by 63.5- of 18 CFR 385.2001 through 385.2005. ecomment.asp. You must include your foot-wide underground concrete All comments, recommendations, terms name and contact information at the end powerhouse; and (18) appurtenant and conditions or prescriptions must set of your comments. For assistance, facilities. forth their evidentiary basis and please contact FERC Online Support at The licensee proposes to raise the otherwise comply with the requirements [email protected] or toll preliminary spillway crest at the lower of 18 CFR 4.34(b). Agencies may obtain free at 1–866–208–3676, or for TTY, reservoir by 1 foot, to 819.5 feet, to copies of the application directly from

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the applicant. A copy of any protest or accompanied by proof of service on all o. Procedural Schedule: The motion to intervene must be served persons listed in the service list application will be processed according upon each representative of the prepared by the Commission in this to the following revised Hydro applicant specified in the particular proceeding, in accordance with 18 CFR Licensing Schedule. Revisions to the application. A copy of all other filings 4.34(b) and 385.2010. schedule may be made as appropriate. in reference to this application must be

Milestone Target date

Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ...... August 9, 2011. Commission issues Single EA ...... December 7, 2011. Comments on EA ...... January 6, 2011. Modified terms and conditions ...... March 5, 2012.

p. Final amendments to the assistance, contact FERC at CFR 157.10). A person obtaining party application must be filed with the [email protected] or call status will be placed on the service list Commission no later than 30 days from toll-free, (886) 208–3676 or TTY, (202) maintained by the Secretary of the the issuance date of this notice. 502–8659. Commission and will receive copies of q. A license applicant must file no Questions regarding this application all documents filed by the applicant and later than 60 days following the date of should be directed to Michelle R. by all other parties. A party must submit issuance of the notice of acceptance and Mendoza, Piedmont Natural Gas seven copies of filings made with the ready for environmental analysis Company, Inc., Post Office Box 33068, Commission and must mail a copy to provided for in 5.22: (1) A copy of the Charlotte, NC 28233 or by e-mailing the applicant and to every other party in water quality certification; (2) a copy of [email protected] or the proceeding. Only parties to the the request for certification, including to James H. Jeffries IV, Moore & Van proceeding can ask for court review of proof of the date on which the certifying Allen PLLC, 100 North Tryon Street, Commission orders in the proceeding. agency received the request; or (3) Suite 4700, Charlotte, NC 28202–4003 However, a person does not have to evidence of waiver of water quality or by calling 704–331–1079 or by intervene in order to have comments certification. e-mailing [email protected]. considered. The second way to Dated: June 10, 2011. Pursuant to section 157.9 of the Commission’s rules, within 90 days of participate is by filing with the Kimberly D. Bose, this Notice the Commission staff will Secretary of the Commission, as soon as Secretary. either: complete its environmental possible, an original and two copies of [FR Doc. 2011–14967 Filed 6–15–11; 8:45 am] assessment (EA) and place it into the comments in support of or in opposition BILLING CODE 6717–01–P Commission’s public record (eLibrary) to this project. The Commission will for this proceeding; or issue a Notice of consider these comments in Schedule for Environmental Review. If determining the appropriate action to be DEPARTMENT OF ENERGY a Notice of Schedule for Environmental taken, but the filing of a comment alone Review is issued, it will indicate, among will not serve to make the filer a party Federal Energy Regulatory to the proceeding. The Commission’s Commission other milestones, the anticipated date for the Commission staff’s issuance of rules require that persons filing [Docket No. CP11–495–000] the final environmental impact comments in opposition to the project statement (FEIS) or EA for this proposal. provide copies of their protests only to Piedmont Natural Gas Company, Inc.; The filing of the EA in the the party or parties directly involved in Notice of Application Commission’s public record for this the protest. On June 3, 2011, Piedmont Natural proceeding or the issuance of a Notice Persons who wish to comment only Gas Company, Inc. (Piedmont) filed of Schedule for Environmental Review on the environmental review of this with the Federal Energy Regulatory will serve to notify Federal and state project should submit an original and Commission (Commission) an agencies of the timing for the two copies of their comments to the application pursuant to section 7(f) of completion of all necessary reviews, and Secretary of the Commission. the Natural Gas Act (NGA), as amended, the subsequent need to complete all Environmental commenters will be and section 157 of the Commission’s Federal authorizations within 90 days of placed on the Commission’s Regulations, for service area the date of issuance of the Commission environmental mailing list, will receive determination for their Charlotte, North staff’s FEIS or EA. copies of the environmental documents, Carolina and Fort Mill, South Carolina There are two ways to become and will be notified of meetings service areas, all as more fully set forth involved in the Commission’s review of associated with the Commission’s in the application, which is on file with this project. First, any person wishing to environmental review process. the Commission and open to public obtain legal status by becoming a party Environmental commenters will not be inspection. The filing may also be to the proceedings for this project required to serve copies of filed viewed on the Web at http:// should, on or before the comment date documents on all other parties. www.ferc.gov using the ‘‘eLibrary’’ link. stated below, file with the Federal However, the non-party commenters Enter the docket number excluding the Energy Regulatory Commission, 888 will not receive copies of all documents last three digits in the docket number First Street, NE., Washington, DC 20426, filed by other parties or issued by the field to access the document. There is a motion to intervene in accordance Commission (except for the mailing of an ‘‘eSubscription’’ link on the Web site with the requirements of the environmental documents issued by the that enables subscribers to receive Commission’s Rules of Practice and Commission) and will not have the right e-mail notification when a document is Procedure (18 CFR 385.214 or 385.211) to seek court review of the added to a subscribed docket(s). For and the Regulations under the NGA (18 Commission’s final order.

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The Commission strongly encourages State agencies of the timing for the Commission (except for the mailing of electronic filings of comments, protests completion of all necessary reviews, and environmental documents issued by the and interventions in lieu of paper using the subsequent need to complete all Commission) and will not have the right the ‘‘eFiling’’ link at http:// Federal authorizations within 90 days of to seek court review of the www.ferc.gov. Persons unable to file the date of issuance of the Commission Commission’s final order. electronically should submit original staff’s FEIS or EA. The Commission strongly encourages and seven copies of the protest or There are two ways to become electronic filings of comments, protests intervention to the Federal Energy involved in the Commission’s review of and interventions in lieu of paper using Regulatory Commission, 888 First this project. First, any person wishing to the ‘‘eFiling’’ link at http:// Street, NE., Washington, DC 20426. obtain legal status by becoming a party www.ferc.gov. Persons unable to file Comment Date: July 1, 2011. to the proceedings for this project electronically should submit an original should, on or before the comment date Dated: June 10, 2011. and 7 copies of the protest or stated below, file with the Federal intervention to the Federal Energy Kimberly D. Bose, Energy Regulatory Commission, 888 Regulatory Commission, 888 First Secretary. First Street, NE., Washington, DC 20426, Street, NE., Washington, DC 20426. [FR Doc. 2011–14964 Filed 6–15–11; 8:45 am] a motion to intervene in accordance This filing is accessible on-line at BILLING CODE 6717–01–P with the requirements of the http://www.ferc.gov, using the Commission’s Rules of Practice and ‘‘eLibrary’’ link and is available for Procedure (18 CFR 385.214 or 385.211) review in the Commission’s Public DEPARTMENT OF ENERGY and the Regulations under the NGA Reference Room in Washington, DC. (18 CFR 157.10). A person obtaining There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory party status will be placed on the Commission Web site that enables subscribers to service list maintained by the Secretary receive e-mail notification when a [Docket No. CP11–493–000] of the Commission and will receive document is added to a subscribed copies of all documents filed by the docket(s). For assistance with any FERC Dominion Transmission, Inc.; Notice applicant and by all other parties. A Online service, please e-mail Application party must submit 7 copies of filings [email protected], or call made with the Commission and must (866) 208–3676 (toll free). For TTY, call Take notice that on May 27, 2011, mail a copy to the applicant and to Dominion Transmission, Inc. (202) 502–8659. every other party in the proceeding. Comment Date: July 1, 2011. (Dominion), filed an application in Only parties to the proceeding can ask Dated: June 10, 2011. Docket No. CP11–493–000 pursuant to for court review of Commission orders section 7(c) of the Natural Gas Act in the proceeding. Kimberly D. Bose, (NGA) and Part 157 of the Commission’s However, a person does not have to Secretary. Regulations, for a certificate of public intervene in order to have comments [FR Doc. 2011–14963 Filed 6–15–11; 8:45 am] convenience and necessity to: (1) Revise considered. The second way to BILLING CODE 6717–01–P the active storage boundary; and (2) participate is by filing with the establish a protective boundary for the Secretary of the Commission, as soon as Woodhull Storage Pool located in possible, an original and two copies of DEPARTMENT OF ENERGY Steuben County, New York, all as more comments in support of or in opposition fully set forth in the applications which to this project. The Commission will Federal Energy Regulatory is on file with the Commission and open consider these comments in Commission for public inspection. determining the appropriate action to be Combined Notice of Filings #1 Any questions regarding this taken, but the filing of a comment alone application should be directed to will not serve to make the filer a party Take notice that the Commission Amanda K. Prestage, Regulatory and to the proceeding. The Commission’s received the following electric rate Certificates Analyst III, Dominion rules require that persons filing filings: Transmission, Inc., 701 East Cary Street, comments in opposition to the project Docket Numbers: ER05–644–013. Richmond, Virginia 23219, or call at provide copies of their protests only to Applicants: PSEG Energy Resources & (804) 771–4416. the party or parties directly involved in Trade LLC. Pursuant to section 157.9 of the the protest. Description: Informational Filing with Commission’s rules, 18 CFR 157.9, Persons who wish to comment only a list of planned Additional Project within 90 days of this Notice the on the environmental review of this Investments of the PSEG Companies. Commission staff will either: complete project should submit an original and Filed Date: 06/03/2011. its environmental assessment (EA) and two copies of their comments to the Accession Number: 20110603–5417. place it into the Commission’s public Secretary of the Commission. Comment Date: 5 p.m. Eastern Time record (eLibrary) for this proceeding; or Environmental commentors will be on Friday, June 24, 2011. issue a Notice of Schedule for placed on the Commission’s Docket Numbers: ER11–2617–002. Environmental Review. If a Notice of environmental mailing list, will receive Applicants: ISO New England Inc., Schedule for Environmental Review is copies of the environmental documents, Vermont Electric Power Company, Inc. issued, it will indicate, among other and will be notified of meetings Description: ISO New England Inc. milestones, the anticipated date for the associated with the Commission’s submits tariff filing per 35: PTO Commission staff’s issuance of the final environmental review process. Compliance Filing—ER11–2617, to be environmental impact statement (FEIS) Environmental commentors will not be effective 4/1/2011. or EA for this proposal. The filing of the required to serve copies of filed Filed Date: 06/09/2011. EA in the Commission’s public record documents on all other parties. Accession Number: 20110609–5014. for this proceeding or the issuance of a However, the non-party commentors Comment Date: 5 p.m. Eastern Time Notice of Schedule for Environmental will not receive copies of all documents on Thursday, June 30, 2011. Review will serve to notify Federal and filed by other parties or issued by the Docket Numbers: ER11–2999–003.

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Applicants: Arizona Public Service submits tariff filing per 35.13(a)(2)(iii: www.ferc.gov. To facilitate electronic Company. G809 Amended GIA Filing to be service, persons with Internet access Description: Arizona Public Service effective 6/10/2011. who will eFile a document and/or be Company submits tariff filing per 35: Filed Date: 06/09/2011. listed as a contact for an intervenor Compliance Filing to Maintain Waiver Accession Number: 20110609–5016. must create and validate an Previously Accepted by the Commission Comment Date: 5 p.m. Eastern Time eRegistration account using the to be effective N/A. on Thursday, June 30, 2011. eRegistration link. Select the eFiling Filed Date: 06/08/2011. Docket Numbers: ER11–3765–000. link to log on and submit the Accession Number: 20110608–5095. Applicants: Southern California intervention or protests. Comment Date: 5 p.m. Eastern Time Edison Company. Persons unable to file electronically on Wednesday, June 29, 2011. Description: Southern California should submit an original and 14 copies Docket Numbers: ER11–3378–001. Edison Company submits tariff filing of the intervention or protest to the Applicants: South Hurlburt Wind, per 35.13(a)(2)(iii: Letter Agreement for Federal Energy Regulatory Commission, LLC. Alta WindPower Development, 888 First St., NE., Washington, DC Description: Revised Amendment to Suncreek and Alta 6 Projects to be 20426. Application for Market-Based Rates of effective 6/6/2011. The filings in the above proceedings South Hurlburt Wind, LLC. Filed Date: 06/09/2011. are accessible in the Commission’s Filed Date: 06/08/2011. Accession Number: 20110609–5021. eLibrary system by clicking on the Accession Number: 20110608–5195. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Comment Date: 5 p.m. Eastern Time on Thursday, June 30, 2011. are also available for review in the on Wednesday, June 29, 2011. Any person desiring to intervene or to Commission’s Public Reference Room in Docket Numbers: ER11–3642–001. protest in any of the above proceedings Washington, DC. There is an Applicants: Tanner Street Generation, must file in accordance with Rules 211 eSubscription link on the Web site that LLC. and 214 of the Commission’s Rules of enables subscribers to receive e-mail Description: Tanner Street Generation, Practice and Procedure (18 CFR 385.211 notification when a document is added LLC submits tariff filing per 35.17(b): and 385.214) on or before 5 p.m. Eastern to a subscribed docket(s). For assistance Supplement to MBR Filing to be time on the specified comment date. It with any FERC Online service, please e- effective 5/26/2011. is not necessary to separately intervene mail [email protected], or Filed Date: 06/09/2011. again in a subdocket related to a call (866) 208–3676 (toll free). For TTY, Accession Number: 20110609–5000. compliance filing if you have previously call (202) 502–8659. Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests Dated: June 9, 2011. on Friday, June 24, 2011. will be considered by the Commission Nathaniel J. Davis, Sr., Docket Numbers: ER11–3761–000. in determining the appropriate action to Deputy Secretary. Applicants: Palmco Power DC, LLC. be taken, but will not serve to make [FR Doc. 2011–14880 Filed 6–15–11; 8:45 am] Description: Palmco Power DC, LLC protestants parties to the proceeding. BILLING CODE 6717–01–P submits tariff filing per 35.12: Palmco Anyone filing a motion to intervene or Power DC FERC Electric Tariff Original protest must serve a copy of that Volume No 1 to be effective 8/8/2011. document on the Applicant. In reference DEPARTMENT OF ENERGY Filed Date: 06/08/2011. to filings initiating a new proceeding, Accession Number: 20110608–5139. interventions or protests submitted on Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time or before the comment deadline need Commission on Wednesday, June 29, 2011. not be served on persons other than the Docket Numbers: ER11–3762–000. Applicant. Combined Notice of Filings Applicants: Fulgora Arbitrage Fund, As it relates to any qualifying facility Take notice that the Commission has LLC. filings, the notices of self-certification received the following Natural Gas Description: Fulgora Arbitrage Fund, [or self-recertification] listed above, do Pipeline Rate and Refund Report filings: LLC submits tariff filing per 35.15: not institute a proceeding regarding Fulgora Arbitrage Fund. LLC’s Notice of Docket Numbers: RP11–2177–000. qualifying facility status. A notice of Applicants: Texas Gas Transmission, Cancellation to be effective 6/9/2011. self-certification [or self-recertification] Filed Date: 06/08/2011. LLC. simply provides notification that the Description: Texas Gas Transmission, Accession Number: 20110608–5179. entity making the filing has determined LLC submits tariff filing per 154.204: Comment Date: 5 p.m. Eastern Time the facility named in the notice meets on Wednesday, June 29, 2011. Backhaul-Related Language Revisions to the applicable criteria to be a qualifying be effective 7/7/2011. Docket Numbers: ER11–3763–000. facility. Intervention and/or protest do Filed Date: 06/06/2011. Applicants: ISO New England Inc. not lie in dockets that are qualifying Accession Number: 20110606–5038. Description: ISO New England Inc. facility self-certifications or self- Comment Date: 5 p.m. Eastern Time submits tariff filing per 35: Docket No. recertifications. Any person seeking to on Monday, June 20, 2011. ER09–938–003 eTariff Compliance to be challenge such qualifying facility status Docket Numbers: RP11–2178–000. effective 6/1/2011. may do so by filing a motion pursuant Applicants: Gulf South Pipeline Filed Date: 06/09/2011. to 18 CFR 292.207(d)(iii). Intervention Company, LP. Accession Number: 20110609–5011. and protests may be filed in response to Description: Gulf South Pipeline Comment Date: 5 p.m. Eastern Time notices of qualifying facility dockets Company, LP submits tariff filing per on Thursday, June 30, 2011. other than self-certifications and self- 154.204: Open Season Clarification to be Docket Numbers: ER11–3764–000. recertifications. effective 7/7/2011. Applicants: Midwest Independent The Commission encourages Filed Date: 06/06/2011. Transmission System Operator, Inc. electronic submission of protests and Accession Number: 20110606–5048. Description: Midwest Independent interventions in lieu of paper, using the Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. FERC Online links at http:// on Monday, June 20, 2011.

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Docket Numbers: RP11–2179–000. Dated: June 8, 2011. Filed Date: 06/07/2011. Applicants: El Paso Natural Gas Nathaniel J. Davis, Sr., Accession Number: 20110607–5012. Company. Deputy Secretary. Comment Date: 5 p.m. Eastern Time Description: El Paso Natural Gas [FR Doc. 2011–14881 Filed 6–15–11; 8:45 am] on Tuesday, June 28, 2011. Company submits tariff filing per BILLING CODE 6717–01–P Docket Numbers: ER11–3631–001. 154.204: Pressure Commitment Update Applicants: Interstate Power and to be effective 7/7/2011. Light Company. Filed Date: 06/06/2011. DEPARTMENT OF ENERGY Description: Interstate Power and Accession Number: 20110606–5099. Light Company submits tariff filing per Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory 35: IPL RES–5 Baseline Tariff on Monday, June 20, 2011. Commission Compliance Filing to be effective 8/26/ Any person desiring to intervene or to 2010. Combined Notice of Filings #1 protest in any of the above proceedings Filed Date: 06/07/2011. must file in accordance with Rules 211 Take notice that the Commission Accession Number: 20110607–5023. and 214 of the Commission’s Rules of received the following electric corporate Comment Date: 5 p.m. Eastern Time Practice and Procedure (18 CFR 385.211 filings: on Tuesday, June 28, 2011. and 385.214) on or before 5 p.m. Eastern Docket Numbers: EC11–88–000. Docket Numbers: ER11–3740–000. time on the specified comment date. It Applicants: NorthWestern Applicants: Florida Power & Light is not necessary to separately intervene Corporation. Company. again in a sub-docket related to a Description: Application of Description: Florida Power & Light compliance filing if you have previously Northwestern Corporation for Company submits tariff filing per intervened in the same docket. Protests Authorization for Acquistion of an 35.13(a)(2)(iii: FPL Revisions to FKEC will be considered by the Commission Existing Generation Facility. Rate Schedule FERC No. 322 to be in determining the appropriate action to Filed Date: 06/06/2011. effective 5/1/2011. be taken, but will not serve to make Accession Number: 20110606–5209. Filed Date: 06/07/2011. protestants parties to the proceeding. Comment Date: 5 p.m. Eastern Time Accession Number: 20110607–5065. Anyone filing a motion to intervene or on Monday, June 27, 2011. Comment Date: 5 p.m. Eastern Time protest must serve a copy of that Take notice that the Commission on Tuesday, June 28, 2011. document on the Applicant. In reference received the following electric rate Docket Numbers: ER11–3741–000. to filings initiating a new proceeding, filings: Applicants: Florida Power & Light interventions or protests submitted on Docket Numbers: ER97–3359–018. Company. or before the comment deadline need Description: Florida Power & Light not be served on persons other than the Applicants: Florida Power & Light Company. Company submits tariff filing per Applicant. 35.13(a)(2)(iii: FPL Revisions to LCEC The Commission encourages Description: Florida Power & Light Company Notice of Change in Status. Rate Schedule FERC No. 312 to be electronic submission of protests and effective 8/10/2010. interventions in lieu of paper, using the Filed Date: 05/27/2011. Accession Number: 20110527–5202. Filed Date: 06/07/2011. FERC Online links at http:// Accession Number: 20110607–5067. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time on Friday, June 17, 2011. Comment Date: 5 p.m. Eastern Time service, persons with Internet access on Tuesday, June 28, 2011. who will eFile a document and/or be Docket Numbers: ER10–2923–002. listed as a contact for an intervenor Applicants: Sunbury Generation LP. Docket Numbers: ER11–3742–000. must create and validate an Description: On 6/6/2011 Sunbury Applicants: Florida Power & Light eRegistration account using the Generation LP submitted a notice of Company. eRegistration link. Select the eFiling Non-Material Change in Status and on Description: Florida Power & Light link to log on and submit the 6/7/2011 submitted an Errata Filing. Company submits tariff filing per intervention or protests. Filed Date: 06/06/2011, 06/07/2011. 35.13(a)(2)(iii: FPL Revisions to LCEC Persons unable to file electronically Accession Number: 20110606–5213; Rate Schedule FERC No. 317 to be should submit an original and 14 copies 20110607–5158. effective 1/1/2014. of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Filed Date: 06/07/2011. Federal Energy Regulatory Commission, on Monday, June 27, 2011. Accession Number: 20110607–5068. 888 First St., NE., Washington, DC Docket Numbers: ER11–2715–002. Comment Date: 5 p.m. Eastern Time 20426. Applicants: Interstate Power and on Tuesday, June 28, 2011. The filings in the above proceedings Light Company, ITC Midwest, LLC. Docket Numbers: ER11–3743–000. are accessible in the Commission’s Description: Interstate Power and Applicants: PJM Interconnection, eLibrary system by clicking on the Light Co. Resubmits OTA Exhibit 1. L.L.C. appropriate link in the above list. They Filed Date: 06/06/2011. Description: PJM Interconnection, are also available for review in the Accession Number: 20110606–5212. L.L.C. submits tariff filing per Commission’s Public Reference Room in Comment Date: 5 p.m. Eastern Time 35.13(a)(2)(iii: Queue No. W2–082; Washington, DC. There is an on Monday, June 27, 2011. Original Service Agreement No. 2935 to eSubscription link on the Web site that Docket Numbers: ER11–2544–001. be effective 5/10/2011. enables subscribers to receive e-mail Applicants: New York Independent Filed Date: 06/07/2011. notification when a document is added System Operator, Inc. Accession Number: 20110607–5079. to a subscribed docket(s). For assistance Description: New York Independent Comment Date: 5 p.m. Eastern Time with any FERC Online service, please e- System Operator, Inc. submits tariff on Tuesday, June 28, 2011. mail [email protected], or filing per 35: Compliance re: Effective Docket Numbers: ER11–3744–000. call (866) 208–3676 (toll free). For TTY, date 4 sections MMM to be effective 6/ Applicants: PJM Interconnection, call (202) 502–8659. 23/2011. L.L.C.

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Description: PJM Interconnection, cancellation of FERC Electric Rate protest must serve a copy of that L.L.C. submits tariff filing per Schedule 37. document on the Applicant. In reference 35.13(a)(2)(iii: Queue No. W2–080; Filed Date: 06/06/2011. to filings initiating a new proceeding, Original Service Agreement No. 2934 to Accession Number: 20110607–0207. interventions or protests submitted on be effective 5/10/2011. Comment Date: 5 p.m. Eastern Time or before the comment deadline need Filed Date: 06/07/2011. on Monday, June 27, 2011. not be served on persons other than the Accession Number: 20110607–5086. Docket Numbers: ER11–3752–000. Applicant. Comment Date: 5 p.m. Eastern Time Applicants: Midwest Independent As it relates to any qualifying facility on Tuesday, June 28, 2011. Transmission System Operator, Inc. filings, the notices of self-certification Docket Numbers: ER11–3746–000. Description: Midwest Independent [or self-recertification] listed above, do Applicants: NSTAR Electric Transmission System Operator, Inc. not institute a proceeding regarding Company. submits tariff filing per 35.13(a)(2)(iii) qualifying facility status. A notice of Description: Tariff Filing of NSTAR 06–07–11 GRE Attachment GG Filing to self-certification [or self-recertification] Electric Company. be effective 7/29/2011. simply provides notification that the Filed Date: 06/03/2011. Filed Date: 06/07/2011. entity making the filing has determined Accession Number: 20110603–5409. Accession Number: 20110607–5134. the facility named in the notice meets Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time the applicable criteria to be a qualifying on Friday, June 24, 2011. on Tuesday, June 28, 2011. facility. Intervention and/or protest do Docket Numbers: ER11–3747–000. Docket Numbers: ER11–3753–000. not lie in dockets that are qualifying Applicants: PJM Interconnection, Applicants: People’s Power & Gas, facility self-certifications or self- L.L.C. LLC. recertifications. Any person seeking to Description: PJM Interconnection, Description: People’s Power & Gas, challenge such qualifying facility status L.L.C. submits tariff filing per LLC submits tariff filing per 35.1: may do so by filing a motion pursuant 35.13(a)(2)(iii: Queue No. W2–061; Market-Based Rate Tariff to be effective to 18 CFR 292.207(d)(iii). Intervention Original Service Agreement No. 2932 to 6/8/2011. and protests may be filed in response to be effective 5/10/2011. Filed Date: 06/08/2011. notices of qualifying facility dockets Filed Date: 06/07/2011. Accession Number: 20110608–5002. other than self-certifications and self- Comment Date: 5 p.m. Eastern Time Accession Number: 20110607–5096. recertifications. on Wednesday, June 29, 2011. Comment Date: 5 p.m. Eastern Time The Commission encourages on Tuesday, June 28, 2011. Docket Numbers: ER11–3754–000. electronic submission of protests and Applicants: Horsehead Corp. Docket Numbers: ER11–3748–000. interventions in lieu of paper, using the Description: Notice of Cancellation of Applicants: CES Placerita, FERC Online links at http:// Horsehead Corp. Incorporated. www.ferc.gov. To facilitate electronic Filed Date: 06/07/2011. service, persons with Internet access Description: CES Placerita, Accession Number: 20110607–5159. Incorporated submits tariff filing per who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor 35.13(a)(2)(iii: Notice of Succession to on Tuesday, June 28, 2011. be effective 3/24/2011. must create and validate an Take notice that the Commission Filed Date: 06/07/2011. eRegistration account using the received the following electric Accession Number: 20110607–5098. eRegistration link. Select the eFiling reliability filings: Comment Date: 5 p.m. Eastern Time link to log on and submit the Docket Numbers: RR11–4–000. on Tuesday, June 28, 2011. intervention or protests. Applicants: North American Electric Docket Numbers: ER11–3749–000. Persons unable to file electronically Reliability Corporation. should submit an original and 14 copies Applicants: PJM Interconnection, Description: North American Electric L.L.C. of the intervention or protest to the Reliability Corporation’s Report of Federal Energy Regulatory Commission, Description: PJM Interconnection, Comparisons of Budgeted to Actual L.L.C. submits tariff filing per 888 First St., NE., Washington, DC Costs for 2010 for NERC and the 20426. 35.13(a)(2)(iii) Queue No. W1–115; Regional Entities. Original Service Agreement No. 2938 to The filings in the above proceedings Filed Date: 05/31/2011. are accessible in the Commission’s be effective 5/10/2011. Accession Number: 20110531–5154. eLibrary system by clicking on the Filed Date: 06/07/2011. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Accession Number: 20110607–5109. on Wednesday, June 29, 2011. are also available for review in the Comment Date: 5 p.m. Eastern Time Any person desiring to intervene or to on Tuesday, June 28, 2011. Commission’s Public Reference Room in protest in any of the above proceedings Washington, DC. There is an Docket Numbers: ER11–3750–000. must file in accordance with Rules 211 eSubscription link on the Web site that Applicants: Southwestern Electric and 214 of the Commission’s Rules of enables subscribers to receive e-mail Power Company. Practice and Procedure (18 CFR 385.211 notification when a document is added Description: Southwestern Electric and 385.214) on or before 5 p.m. Eastern to a subscribed docket(s). For assistance Power Company Actuarial Reports. time on the specified comment date. It with any FERC Online service, please e- Filed Date: 06/03/2011. is not necessary to separately intervene mail [email protected], or Accession Number: 20110603–5413. again in a subdocket related to a call (866) 208–3676 (toll free). For TTY, Comment Date: 5 p.m. Eastern Time compliance filing if you have previously call (202) 502–8659. on Friday, June 24, 2011. intervened in the same docket. Protests Docket Numbers: ER11–3751–000. will be considered by the Commission Dated: June 8, 2011. Applicants: Public Service Company in determining the appropriate action to Nathaniel J. Davis, Sr., of New Mexico. be taken, but will not serve to make Deputy Secretary. Description: Public Service Company protestants parties to the proceeding. [FR Doc. 2011–14888 Filed 6–15–11; 8:45 am] of New Mexico submits a Notice of Anyone filing a motion to intervene or BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Filed Date: 06/08/2011. self-certification [or self-recertification] Accession Number: 20110608–5071. simply provides notification that the Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time entity making the filing has determined Commission on Wednesday, June 29, 2011. the facility named in the notice meets Docket Numbers: ER11–3759–000. the applicable criteria to be a qualifying Combined Notice of Filings #2 Applicants: California Independent facility. Intervention and/or protest do Take notice that the Commission System Operator Corporation. not lie in dockets that are qualifying received the following electric rate Description: California Independent facility self-certifications or self- filings: System Operator Corporation submits recertifications. Any person seeking to Docket Numbers: ER11–3173–001. tariff filing per 35.13(a)(2)(iii: 2011–06– challenge such qualifying facility status Applicants: Arizona Public Service 08 Amendment to CAISO Non- may do so by filing a motion pursuant Company. Conforming MSA with WAPA DSR to be to 18 CFR 292.207(d)(iii). Intervention Description: Arizona Public Service effective 6/15/2011. and protests may be filed in response to Filed Date: 06/08/2011. Company submits tariff filing per 35: notices of qualifying facility dockets Accession Number: 20110608–5082. Compliance Filing To Make Footnotes Comment Date: 5 p.m. Eastern Time other than self-certifications and self- Viewable in eTariff Viewer to be on Wednesday, June 29, 2011. recertifications. effective 11/15/2010. The Commission encourages Filed Date: 06/08/2011. Docket Numbers: ER11–3760–000. electronic submission of protests and Accession Number: 20110608–5096. Applicants: Deseret Generation & Comment Date: 5 p.m. Eastern Time Transmission Co-operative, Inc. interventions in lieu of paper, using the on Wednesday, June 29, 2011. Description: Deseret Generation & FERC Online links at http:// Transmission Co-operative, Inc. submits www.ferc.gov. To facilitate electronic Docket Numbers: ER11–3755–000. tariff filing per 35.13(a)(2)(ii): Tier 2 service, persons with Internet access Applicants: Wabash Valley Power Rate Schedule A 205 Filing to be Association, Inc. who will eFile a document and/or be effective 8/1/2011. Description: Wabash Valley Power listed as a contact for an intervenor Filed Date: 06/08/2011. must create and validate an Association, Inc. submits tariff filing per Accession Number: 20110608–5092. 35.13(a)(2)(iii: Amendments to WVPA eRegistration account using the Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling FERC Electric Tariff Volume 1—Section on Wednesday, June 29, 2011. 1—Formulary Rate to be effective link to log on and submit the 1/1/2012. Take notice that the Commission intervention or protests. Filed Date: 06/08/2011. received the following qualifying facility filings: Persons unable to file electronically Accession Number: 20110608–5023. should submit an original and 14 copies Docket Numbers: QF11–290–000. Comment Date: 5 p.m. Eastern Time of the intervention or protest to the Applicants: Equistar Chemicals, L.P. on Wednesday, June 29, 2011. Federal Energy Regulatory Commission, Description: Form 556—Notice of Docket Numbers: ER11–3756–000. Self-Certification of Equistar Chemicals, 888 First St., NE., Washington, DC Applicants: California Independent L.P. 20426. System Operator Corporation. Filed Date: 06/07/2011. The filings in the above proceedings Description: California Independent Accession Number: 20110607–5105. are accessible in the Commission’s System Operator Corporation submits Comment Date: None Applicable. eLibrary system by clicking on the tariff filing per 35.13(a)(2)(iii: 2011–06– Any person desiring to intervene or to 08 CAISO Non Conforming SCA with appropriate link in the above list. They protest in any of the above proceedings are also available for review in the WAPA to be effective 7/28/2010. must file in accordance with Rules 211 Filed Date: 06/08/2011. Commission’s Public Reference Room in and 214 of the Commission’s Rules of Washington, DC. There is an Accession Number: 20110608–5065. Practice and Procedure (18 CFR 385.211 Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that and 385.214) on or before 5 p.m. Eastern enables subscribers to receive e-mail on Wednesday, June 29, 2011. time on the specified comment date. It Docket Numbers: ER11–3757–000. notification when a document is added is not necessary to separately intervene to a subscribed docket(s). For assistance Applicants: California Independent again in a subdocket related to a with any FERC Online service, please e- System Operator Corporation. compliance filing if you have previously mail [email protected] or Description: California Independent intervened in the same docket. Protests System Operator Corporation submits will be considered by the Commission call (866) 208–3676 (toll free). For TTY, tariff filing per 35.13(a)(2)(iii: 2011–06– in determining the appropriate action to call (202) 502–8659. 08 Amendment to CAISO Service be taken, but will not serve to make Dated: June 8, 2011. Agreement 784 WAPA DSR to be protestants parties to the proceeding. Nathaniel J. Davis, Sr., effective 6/15/2011. Anyone filing a motion to intervene or Deputy Secretary. Filed Date: 06/08/2011. protest must serve a copy of that [FR Doc. 2011–14884 Filed 6–15–11; 8:45 am] Accession Number: 20110608–5070. document on the Applicant. In reference Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, BILLING CODE 6717–01–P on Wednesday, June 29, 2011. interventions or protests submitted on Docket Numbers: ER11–3758–000. or before the comment deadline need Applicants: California Independent not be served on persons other than the System Operator Corporation. Applicant. Description: California Independent As it relates to any qualifying facility System Operator Corporation submits filings, the notices of self-certification tariff filing per 35.13(a)(2)(iii: 2011–06– [or self-recertification] listed above, do 08 CAISO Non-Conforming MSA with not institute a proceeding regarding WAPA DSR to be effective 7/28/2010. qualifying facility status. A notice of

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DEPARTMENT OF ENERGY Dated: June 10, 2011. Nevada in the Middle Yuba River, Kimberly D. Bose, Canyon Creek, Rucker Creek and Bear Federal Energy Regulatory Secretary. River watersheds in Nevada, Placer and Commission [FR Doc. 2011–14970 Filed 6–15–11; 8:45 am] Sierra Counties, California. BILLING CODE 6717–01–P The site visit is open to the public and [ Project No. 2790–055] resource agencies, and will occur from 8 a.m. to about 5 p.m. (Pacific Daylight Boott Hydropower, Inc.; Notice of DEPARTMENT OF ENERGY Time) on each of three days. Availability of Draft Environmental Participants will meet no later than the Assessment Federal Energy Regulatory start time at Discovery Trail near Bear Commission Valley on the first day, at PG&E’s Alta In accordance with the National [Docket No. CP10–480–000] Service Center on the second day, and Environmental Policy Act of 1969 and at PG&E’s Halsey forebay on the third the Federal Energy Regulatory Central New York Oil and Gas day. Each day will start with a brief Commission’s (Commission or FERC) Company, LLC; Notice Extending safety talk, review of the facilities that regulations, 18 CFR part 380, Comment Period will be visited that day, and discussion Commission staff has reviewed the On May 27, 2011, the Federal Energy of logistics. The tour will depart the application for amendment of license Regulatory Commission (FERC or meeting location no later than 15 for the Lowell Hydroelectric Project Commission) issued its environmental minutes after the start time. We will try (FERC No. 2790–055) and has prepared assessment (EA) for Central New York to return to the meeting location by 5 a draft environmental assessment (draft Oil and Gas Company, LLC’s MARC I p.m. each day. EA). The project is located on the Hub Line Project proposed in the above- Participants are responsible to Merrimack River in Middlesex County, referenced docket. The EA was placed provide their own transportation Massachusetts. in the public record and was available (recommend a 4-wheel drive vehicle), The draft EA contains the via the FERC’s eLibrary on that date. but car pooling to the extent possible is Commission staff’s analysis of the However, the Commission experienced encouraged. We do not anticipate hiking potential environmental effects of the technical problems reproducing the in any difficult terrain or entering proposed replacement of the wooden copies of the EA that were to be mailed private property that requires special flashboards with a pneumatic crest gate to interested stakeholders. As a result, permission, but some brief walking over the compact disk copies of the EA were system of the same height and interim dirt trails might be needed. Cell phone not mailed until June 7, 2011. Therefore, modifications to the existing flashboard coverage in the upper and mid elevation the deadline for filing comments on the sites is limited. system and concludes that authorizing EA has been extended for two weeks, Safety is a prime concern. Many of the the amendment, with appropriate and will end on July 11, 2011. environmental protective measures, sites that will be visited require wearing would not constitute a major Federal Dated: June 10, 2011. hardhats, safety eyewear, and safety action that would significantly affect the Kimberly D. Bose, vests that licensees will provide. quality of the human environment. Secretary. Participants must wear appropriate [FR Doc. 2011–14962 Filed 6–15–11; 8:45 am] footwear (i.e. no sandals or open-toed A copy of the draft EA is available for shoes). review at the Commission in the Public BILLING CODE 6717–01–P The schedule below is provided for Reference Room, or it may be viewed on general guidance only and is not the Commission’s Web site at http:// DEPARTMENT OF ENERGY intended to be a strict schedule. We may www.ferc.gov using the e-Library link. proceed through the schedule for each Enter the docket number (P–2790) in the Federal Energy Regulatory day at a slower or faster pace than docket number field to access the Commission anticipated in the schedule below, or document. For assistance, contact FERC [ Project No. 2310–193—California; Project may decide to delete or add project Online Support at No. 2266–102—California] facilities. For these reasons and because [email protected] or call of poor electronic communications in toll-free at 1–866–208–3676 or (202) Pacific Gas and Electric Company; some areas, it will be difficult for a 502–8659 (for TTY). Nevada Irrigation District; Notice of participant to join the site visit after it Any comments should be filed within Environmental Site Review departs the initial meeting location. 30 days from the issuance date of this On July 6–8, 2011, the Federal Energy Project facilities listed below are notice, and should be addressed to the Regulatory Commission (Commission) indicated as either ‘‘YB’’ for NID’s Yuba- Secretary, Federal Energy Regulatory staff and the Pacific Gas and Electric Bear Hydroelectric Project or ‘‘DS’’ for Commission, 888 First Street, NE., Company (PG&E) and Nevada Irrigation PG&E’s Drum-Spaulding Project. Washington, DC 20426. Please reference District (NID) (applicants) will conduct Wednesday, July 6, 2011 the Lowell Project No. 2790 on all an environmental site review of the comments. For further information on Drum-Spaulding and Yuba-Bear • Meet at Discovery Trail in Bear this notice, please contact Holly Frank Projects. The Drum-Spaulding Project is Valley at 8 a.m.; at (202) 502–6833. Comments may be located on the west slope of the Sierra • Bowman Lake (YB); filed electronically via the Internet in Nevada on the South Yuba River, Bear • Bowman/Spaulding canal at Fall lieu of paper. See 18 CFR 385.2001 River, North Fork of the North Fork Creek (YB); (a)(1)(iii) and the instructions on the American River, and tributaries in the • Fuller Lake (DS); Commission’s Web site at http:// Sacramento River watershed in Nevada • www.ferc.gov under the e-Filing link. and Placer Counties, California. The Lake Spaulding dam (DS); The Commission strongly encourages Yuba-Bear Hydroelectric Project is • Bear Valley—Drum canal and South electronic filing. located on the west slope of the Sierra Yuba canal (DS).

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Thursday, July 7, 2011 ‘‘eFiling’’ link at http://www.ferc.gov. i. FERC Contact: Sergiu Serban at • Meet at Alta Service Center at 8 Persons unable to file electronically (202) 502–6211; or e-mail at a.m.; should submit an original and 14 copies [email protected]. • Drum powerhouse (DS); of the protest or intervention to the j. Qualified Power 14 LLC filed its • Dutch Flat #2 powerhouse (YB); Federal Energy Regulatory Commission, request to use the Traditional Licensing • Dutch Flat afterbay (YB); 888 First Street, NE., Washington, DC Process on April 4, 2011. Qualified 20426. • Rollins dam (YB); Power 14 LLC provided public notice of This filing is accessible on-line at • Bear River Head dam (DS). its request on March 16, 2011. In a letter http://www.ferc.gov, using the issued on June 6, 2011, the Director of Friday, July 8, 2011 ‘‘eLibrary’’ link and is available for • review in the Commission’s Public the Office of Energy Projects approved Meet at Halsey forebay at 8 a.m.; Qualified Power 14 LLC’s request to use • Halsey afterbay (DS); Reference Room in Washington, DC. the Traditional Licensing Process. • Rock Creek reservoir (DS), There is an ‘‘eSubscription’’ link on the ➢ Wise canal, Rock Creek, delivery to Web site that enables subscribers to k. With this notice, we are initiating North Auburn Water Treatment Plant; receive e-mail notification when a informal consultation with: (a) The U.S. • Auburn Ravine, document is added to a subscribed Fish and Wildlife Service under section ➢ Delivery to Auburn Ravine at YB– docket(s). For assistance with any FERC 7 of the Endangered Species Act and the 259, PCWA Pump Station into South Online service, please e-mail joint agency regulations thereunder at canal; [email protected], or call 50 CFR part 402; and (b) the Iowa State • Newcastle forebay and powerhouse (866) 208–3676 (toll free). For TTY, call Historic Preservation Officer, as (DS). (202) 502–8659. required by section 106, National If you plan to attend, please notify Comment Date: 5 pm Eastern Time on Historical Preservation Act, and the Alan Mitchnick, FERC Team Leader, at June 20, 2011. implementing regulations of the (202) 502–6074 or Dated: June 10, 2011. Advisory Council on Historic [email protected], no later than Kimberly D. Bose, Preservation at 36 CFR 800.2. June 30, 2011. Secretary. l. With this notice, we are designating Dated: June 10, 2011. [FR Doc. 2011–14965 Filed 6–15–11; 8:45 am] Qualified Power 14 LLC as the Kimberly D. Bose, BILLING CODE 6717–01–P Commission’s non-federal Secretary. representative for carrying out informal [FR Doc. 2011–14969 Filed 6–15–11; 8:45 am] consultation, pursuant to section 7 of BILLING CODE 6717–01–P DEPARTMENT OF ENERGY the Endangered Species Act and section 106 of the National Historic Federal Energy Regulatory Preservation Act. DEPARTMENT OF ENERGY Commission m. Qualified Power 14 LLC filed a [Project No. 13579–001] Federal Energy Regulatory Pre-Application Document (PAD; including a proposed process plan and Commission FFP Qualified Hydro 14 LLC; Notice of schedule) with the Commission, [Docket No. NJ11–12–001] Intent To File License Application, Filing of Pre-Application Document, pursuant to 18 CFR 5.6 of the Orlando Utilities Commission; Notice and Approving Use of the Traditional Commission’s regulations. of Filing Licensing Process n. A copy of the PAD is available for review at the Commission in the Public Take notice that on May 26, 2011, a. Type of Filing: Notice of Intent to Reference Room or may be viewed on Orlando Utilities Commission submitted File License Application and Request to the Commission’s Web site (http:// its tariff filing per 35.17(b): Amendment Use the Traditional Licensing Process. www.ferc.gov), using the ‘‘eLibrary’’ to Compliance Filing to be effective b. Project No.: 13579–001. link. Enter the docket number, 4/15/2011. c. Dated Filed: April 4, 2011. excluding the last three digits in the Any person desiring to intervene or to d. Submitted by: Free Flow Power docket number field to access the protest this filing must file in Qualified Hydro 14 LLC (Qualified document. For assistance, contact FERC accordance with Rules 211 and 214 of Power 14 LLC), a subsidiary of Free Online Support at the Commission’s Rules of Practice and Flow Power Corporation. [email protected] or toll Procedure (18 CFR 385.211, 385.214). e. Name of Project: Saylorville Dam free at 1–866–208–3676, or for TTY, Protests will be considered by the Water Power Project. (202) 502–8659. A copy is also available Commission in determining the f. Location: At the U.S. Army Corps of for inspection and reproduction at the appropriate action to be taken, but will Engineers’ (Corps) Saylorville Dam on address in paragraph h. not serve to make protestants parties to the Des Moines River in Polk County, the proceeding. Any person wishing to Iowa. The project would occupy 1.5 o. Register online at http://www.ferc. become a party must file a notice of acres of United States lands gov/docs-filing/esubscription.asp to be intervention or motion to intervene, as administered by Corps’ Rock Island notified via e-mail of new filing and appropriate. Such notices, motions, or District. issuances related to this or other protests must be filed on or before the g. Filed Pursuant to: 18 CFR 5.3 of the pending projects. For assistance, contact comment date. On or before the Commission’s regulations. FERC Online Support. comment date, it is not necessary to h. Potential Applicant Contact: Ramya Dated: June 10, 2011. serve motions to intervene or protests Swaminathan, Free Flow Power on persons other than the Applicant. Corporation, 239 Causeway Street, Suite Kimberly D. Bose, The Commission encourages 300, Boston, MA 02114; (978) 226–1531; Secretary. electronic submission of protests and or e-mail rswaminathan@free-flow- [FR Doc. 2011–14971 Filed 6–15–11; 8:45 am] interventions in lieu of paper using the power.com. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Online service, please e-mail [email protected] or call Federal Energy Regulatory Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission Commission (202) 502–8659. [Docket No. ER11–3753–000] Dated: June 8, 2011. [Docket No. ER11–2970–000] Nathaniel J. Davis, Sr., People’s Power & Gas, LLC; Deputy Secretary. Peetz Logan Interconnect, LLC; Notice Supplemental Notice That Initial [FR Doc. 2011–14883 Filed 6–15–11; 8:45 am] of Filing Market-Based Rate Filing Includes Request for Blanket Section 204 BILLING CODE 6717–01–P Take notice that on June 3, 2011, Authorization Peetz Logan Interconnect, LLC (PLI) filed a response to a staff deficiency This is a supplemental notice in the DEPARTMENT OF ENERGY above-referenced proceeding of People’s letter issued on April 29, 2011, Federal Energy Regulatory Power & Gas, LLC’s application for providing additional information with Commission respect to a proposed open access market-based rate authority, with an transmission tariff (OATT) filed by PLI accompanying rate tariff, noting that [Docket No. ER11–3736–000] on February 28, 2011 in this proceeding. such application includes a request for Pocahontas Prairie Wind, LLC; Any person desiring to intervene or to blanket authorization, under 18 CFR part 34, of future issuances of securities Supplemental Notice That Initial protest this filing must file in Market-Based Rate Filing Includes accordance with Rules 211 and 214 of and assumptions of liability. Any person desiring to intervene or to Request for Blanket Section 204 the Commission’s Rules of Practice and Authorization Procedure (18 CFR 385.211, 385.214). protest should file with the Federal Protests will be considered by the Energy Regulatory Commission, 888 This is a supplemental notice in the Commission in determining the First Street, NE., Washington, DC 20426, above-referenced proceeding of appropriate action to be taken, but will in accordance with Rules 211 and 214 Pocahontas Prairie Wind, LLC’s not serve to make protestants parties to of the Commission’s Rules of Practice application for market-based rate the proceeding. Any person wishing to and Procedure (18 CFR 385.211 and authority, with an accompanying rate become a party must file a notice of 385.214). Anyone filing a motion to tariff, noting that such application intervention or motion to intervene, as intervene or protest must serve a copy includes a request for blanket appropriate. Such notices, motions, or of that document on the Applicant. authorization, under 18 CFR Part 34, of Notice is hereby given that the protests must be filed on or before the future issuances of securities and deadline for filing protests with regard comment date. On or before the assumptions of liability. to the applicant’s request for blanket comment date, it is not necessary to Any person desiring to intervene or to authorization, under 18 CFR part 34, of serve motions to intervene or protests protest should file with the Federal future issuances of securities and on persons other than the Applicant. Energy Regulatory Commission, 888 assumptions of liability, is June 28, The Commission encourages First Street, NE., Washington, DC 20426, 2011. in accordance with Rules 211 and 214 electronic submission of protests and The Commission encourages of the Commission’s Rules of Practice interventions in lieu of paper using the electronic submission of protests and and Procedure (18 CFR 385.211 and ‘‘eFiling’’ link at http://www.ferc.gov. interventions in lieu of paper, using the 385.214). Anyone filing a motion to Persons unable to file electronically FERC Online links at http:// intervene or protest must serve a copy should submit an original and 14 copies www.ferc.gov. To facilitate electronic of that document on the Applicant. of the protest or intervention to the service, persons with Internet access Notice is hereby given that the Federal Energy Regulatory Commission, who will eFile a document and/or be deadline for filing protests with regard 888 First Street, NE., Washington, DC listed as a contact for an intervenor to the applicant’s request for blanket 20426. must create and validate an authorization, under 18 CFR part 34, of This filing is accessible on-line at eRegistration account using the future issuances of securities and http://www.ferc.gov, using the eRegistration link. Select the eFiling assumptions of liability, is June 28, ‘‘eLibrary’’ link and is available for link to log on and submit the 2011. review in the Commission’s Public intervention or protests. The Commission encourages Reference Room in Washington, DC. Persons unable to file electronically electronic submission of protests and There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies interventions in lieu of paper, using the Web site that enables subscribers to of the intervention or protest to the FERC Online links at http:// receive e-mail notification when a Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic document is added to a subscribed 888 First Street, NE., Washington, DC service, persons with Internet access docket(s). For assistance with any FERC 20426. who will eFile a document and/or be Online service, please e-mail The filings in the above-referenced listed as a contact for an intervenor [email protected], or call proceeding are accessible in the must create and validate an (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by eRegistration account using the (202) 502–8659. clicking on the appropriate link in the eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time above list. They are also available for link to log on and submit the on June 24, 2011. review in the Commission’s Public intervention or protests. Reference Room in Washington, DC. Persons unable to file electronically Dated: June 8, 2011. There is an eSubscription link on the should submit an original and 14 copies Nathaniel J. Davis, Sr., Web site that enables subscribers to of the intervention or protest to the Deputy Secretary. receive e-mail notification when a Federal Energy Regulatory Commission, [FR Doc. 2011–14885 Filed 6–15–11; 8:45 am] document is added to a subscribed 888 First Street, NE., Washington, DC BILLING CODE 6717–01–P docket(s). For assistance with any FERC 20426.

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The filings in the above-referenced who will eFile a document and/or be to the applicant’s request for blanket proceeding are accessible in the listed as a contact for an intervenor authorization, under 18 CFR part 34, of Commission’s eLibrary system by must create and validate an future issuances of securities and clicking on the appropriate link in the eRegistration account using the assumptions of liability, is June 29, above list. They are also available for eRegistration link. Select the eFiling 2011. review in the Commission’s Public link to log on and submit the The Commission encourages Reference Room in Washington, DC. intervention or protests. electronic submission of protests and There is an eSubscription link on the Persons unable to file electronically interventions in lieu of paper, using the Web site that enables subscribers to should submit an original and 14 copies FERC Online links at http:// receive e-mail notification when a of the intervention or protest to the www.ferc.gov. To facilitate electronic document is added to a subscribed Federal Energy Regulatory Commission, service, persons with Internet access docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC who will eFile a document and/or be Online service, please e-mail 20426. listed as a contact for an intervenor [email protected]. or call The filings in the above-referenced must create and validate an (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the eRegistration account using the (202) 502–8659. Commission’s eLibrary system by eRegistration link. Select the eFiling clicking on the appropriate link in the link to log on and submit the Dated: June 8, 2011. intervention or protests. Nathaniel J. Davis, Sr., above list. They are also available for review in the Commission’s Public Persons unable to file electronically Deputy Secretary. Reference Room in Washington, DC. should submit an original and 14 copies [FR Doc. 2011–14882 Filed 6–15–11; 8:45 am] There is an eSubscription link on the of the intervention or protest to the BILLING CODE 6717–01–P Web site that enables subscribers to Federal Energy Regulatory Commission, receive e-mail notification when a 888 First Street, NE., Washington, DC document is added to a subscribed 20426. DEPARTMENT OF ENERGY docket(s). For assistance with any FERC The filings in the above-referenced proceeding are accessible in the Online service, please e-mail Federal Energy Regulatory Commission’s eLibrary system by [email protected]. or call Commission clicking on the appropriate link in the (866) 208–3676 (toll free). For TTY, call above list. They are also available for [Docket No. ER11–3727–000] (202) 502–8659. review in the Commission’s Public El Segundo Energy Center LLC; Dated: June 8, 2011. Reference Room in Washington, DC. Supplemental Notice that Initial Nathaniel J. Davis, Sr., There is an eSubscription link on the Market-Based Rate Filing Includes Deputy Secretary. Web site that enables subscribers to Request for Blanket Section 204 [FR Doc. 2011–14886 Filed 6–15–11; 8:45 am] receive e-mail notification when a Authorization BILLING CODE 6717–01–P document is added to a subscribed docket(s). For assistance with any FERC This is a supplemental notice in the Online service, please e-mail above-referenced proceeding of El DEPARTMENT OF ENERGY [email protected]. or call Segundo Energy Center, LLC’s (866) 208–3676 (toll free). For TTY, call application for market-based rate Federal Energy Regulatory (202) 502–8659. authority, with an accompanying rate Commission Dated: June 9, 2011. tariff, noting that such application includes a request for blanket [Docket No. ER11–3761–000] Nathaniel J. Davis, Sr., authorization, under 18 CFR part 34, of Deputy Secretary. Palmco Power DC, LLC; Supplemental [FR Doc. 2011–14889 Filed 6–15–11; 8:45 am] future issuances of securities and Notice THAT Initial Market-Based Rate BILLING CODE 6717–01–P assumptions of liability. Filing Includes Request for Blanket Any person desiring to intervene or to Section 204 Authorization protest should file with the Federal Energy Regulatory Commission, 888 This is a supplemental notice in the DEPARTMENT OF ENERGY First Street, NE., Washington, DC 20426, above-referenced proceeding of Palmco Federal Energy Regulatory in accordance with Rules 211 and 214 Power DC, LLC’s application for market- Commission of the Commission’s Rules of Practice based rate authority, with an and Procedure (18 CFR 385.211 and accompanying rate tariff, noting that [Docket No. ER11–3731–000] 385.214). Anyone filing a motion to such application includes a request for intervene or protest must serve a copy blanket authorization, under 18 CFR LWP Lessee, LLC; Supplemental of that document on the Applicant. part 34, of future issuances of securities Notice That Initial Market-Based Rate Notice is hereby given that the and assumptions of liability. Filing Includes Request for Blanket deadline for filing protests with regard Any person desiring to intervene or to Section 204 Authorization to the applicant’s request for blanket protest should file with the Federal This is a supplemental notice in the authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 above-referenced proceeding of LWP future issuances of securities and First Street, NE., Washington, DC 20426, Lessee, LLC’s application for market- assumptions of liability, is June 28, in accordance with Rules 211 and 214 based rate authority, with an 2011. of the Commission’s Rules of Practice accompanying rate tariff, noting that The Commission encourages and Procedure (18 CFR 385.211 and such application includes a request for electronic submission of protests and 385.214). Anyone filing a motion to blanket authorization, under 18 CFR interventions in lieu of paper, using the intervene or protest must serve a copy part 34, of future issuances of securities FERC Online links at http:// of that document on the Applicant. and assumptions of liability. www.ferc.gov. To facilitate electronic Notice is hereby given that the Any person desiring to intervene or to service, persons with Internet access deadline for filing protests with regard protest should file with the Federal

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Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY increase by 1,845.25 kW [from 12,400 First Street, NE., Washington, DC 20426, kW to 14,245.25 kW] and the maximum in accordance with Rules 211 and 214 Federal Energy Regulatory hydraulic capacity would increase by of the Commission’s Rules of Practice Commission 341 cubic feet per second (cfs) [from and Procedure (18 CFR 385.211 and [Project No. 2056–052] 4,025 to 4,366 cfs]. 385.214). Anyone filing a motion to l. Locations of the Application: A intervene or protest must serve a copy Northern States Power Company (Xcel copy of the application is available for of that document on the Applicant. Energy); Notice of Application To inspection and reproduction at the Amend License and Accepted for Commission’s Public Reference Room, Notice is hereby given that the Filing, Soliciting Comments, Motions located at 888 First Street, NE., Room deadline for filing protests with regard To Intervene, and Protests 2A, Washington, DC 20426, or by calling to the applicant’s request for blanket (202) 502–8371. This filing may also be authorization, under 18 CFR part 34, of Take notice that the following viewed on the Commission’s Web site at future issuances of securities and hydroelectric application has been filed http://www.ferc.gov/docs-filing/ assumptions of liability, is June 28, with the Commission and is available elibrary.asp. Enter the docket number 2011. for public inspection: excluding the last three digits in the a. Type of Application: Amendment The Commission encourages docket number field to access the to License. electronic submission of protests and document. You may also register online b. Project No: 2056–052. at http://www.ferc.gov/docs-filing/ interventions in lieu of paper, using the c. Date Filed: May 25, 2011. esubscription.asp to be notified via FERC Online links at http:// d. Applicant: Northern States Power e-mail of new filings and issuances www.ferc.gov. To facilitate electronic Company (Xcel Energy). related to this or other pending projects. service, persons with Internet access e. Name of Project: St. Anthony Falls For assistance, call 1–866–208–3676 or who will eFile a document and/or be Hydroelectric Project. e-mail [email protected], listed as a contact for an intervenor f. Location: On the Mississippi River for TTY, call (202) 502–8659. A copy is must create and validate an in the city of Minneapolis in Hennepin also available for inspection and eRegistration account using the County, Minnesota. reproduction at the address in item (h) eRegistration link. Select the eFiling g. Filed Pursuant to: Federal Power above. link to log on and submit the Act, 16 U.S.C. 791(a)–825(r). m. Individuals desiring to be included intervention or protests. h. Applicant Contact: William P. on the Commission’s mailing list should Zawacki, Director of Hydro Plants, Xcel Persons unable to file electronically so indicate by writing to the Secretary Energy, 1414 W. Hamilton Ave., P.O. of the Commission. should submit an original and 14 copies Box 8, Eau Claire, WI 54702–0008; and n. Comments, Protests, or Motions to of the intervention or protest to the Matthew J. Miller, Hydro Licensing Intervene: Anyone may submit Federal Energy Regulatory Commission, Specialist, Xcel Energy, 1414 W. comments, a protest, or a motion to 888 First Street, NE., Washington, DC Hamilton Ave., P.O. Box 8, Eau Claire, intervene in accordance with the 20426. WI 54702–0008. requirements of Rules of Practice and The filings in the above-referenced i. FERC Contact: Kim Carter at (202) Procedure, 18 CFR 385.210, .211, .214. proceeding are accessible in the 502–6486; [email protected]. In determining the appropriate action to Commission’s eLibrary system by j. Deadline for filing comments, take, the Commission will consider all clicking on the appropriate link in the motions to intervene, and protests, is 30 protests or other comments filed, but above list. They are also available for days from the issuance date of this only those who file a motion to review in the Commission’s Public notice. All documents may be filed intervene in accordance with the Reference Room in Washington, DC. electronically via the Internet. See, 18 Commission’s Rules may become a CFR 385.2001(a)(1)(iii) and the There is an eSubscription link on the party to the proceeding. Any comments, instructions on the Commission’s Web protests, or motions to intervene must Web site that enables subscribers to site at http://www.ferc.gov/docs-filing/ be received on or before the specified receive e-mail notification when a efiling.asp. If unable to be filed comment date for the particular document is added to a subscribed electronically, documents may be paper- application. docket(s). For assistance with any FERC filed. To paper-file, an original and o. Filing and Service of Responsive Online service, please e-mail seven copies should be mailed to: Documents: Any filing must (1) Bear in [email protected] or call Secretary, Federal Energy Regulatory all capital letters the title (866) 208–3676 (toll free). For TTY, call Commission, 888 First Street, NE., ‘‘COMMENTS’’, ‘‘PROTEST’’, or (202) 502–8659. Washington, DC 20426. Commenters ‘‘MOTION TO INTERVENE’’ as Dated: June 8, 2011. can submit brief comments up to 6,000 applicable; (2) set forth in the heading the name of the applicant and the Nathaniel J. Davis, Sr., characters, without prior registration, using the eComment system at http:// project number of the application to Deputy Secretary. www.ferc.gov/docs-filing/ which the filing responds; (3) furnish [FR Doc. 2011–14887 Filed 6–15–11; 8:45 am] ecomment.asp. You must include your the name, address, and telephone BILLING CODE 6717–01–P name and contact information at the end number of the person protesting or of your comments. intervening; and (4) otherwise comply Please include the project number with the requirements of 18 CFR (P–2056–052) on any comments, 385.2001 through 385.2005. All motions, or recommendations filed. comments, motions to intervene, or k. Description of Request: The protests must set forth their evidentiary licensee proposes to amend the license basis and otherwise comply with the for the St. Anthony Falls Hydroelectric requirements of 18 CFR 4.34(b). All Project to reflect the rehabilitated units. comments, motions to intervene, or The authorized installed capacity would protests should relate to project works

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which are the subject of the license within 45 days from the date of this m. You may also register online at surrender. Agencies may obtain copies notice. http://www.ferc.gov/docs-filing/ of the application directly from the All comments and reply comments esubscription.asp to be notified via applicant. A copy of any protest or may be filed electronically via the e-mail of new filings and issuances motion to intervene must be served Internet. See 18 CFR 385.2001(a)(1)(iii) related to this or other pending projects. upon each representative of the and the instructions on the For assistance, contact FERC Online applicant specified in the particular Commission’s Web site http:// Support www.ferc.gov/docs-filing/efiling.asp. application. If an intervener files Dated: June 9, 2011. Commenters can submit brief comments comments or documents with the Kimberly D. Bose, Commission relating to the merits of an up to 6,000 characters, without prior Secretary. issue that may affect the responsibilities registration, using the eComment system of a particular resource agency, they at http://www.ferc.gov/docs-filing/ [FR Doc. 2011–14898 Filed 6–15–11; 8:45 am] must also serve a copy of the document ecomment.asp. You must include your BILLING CODE 6717–01–P on that resource agency. A copy of all name and contact information at the end other filings in reference to this of your comments. For assistance, DEPARTMENT OF ENERGY application must be accompanied by please contact FERC Online Support at [email protected] or toll proof of service on all persons listed in Federal Energy Regulatory free at 1–866–208–3676, or for TTY, the service list prepared by the Commission Commission in this proceeding, in (202) 502–8659. Although the accordance with 18 CFR 4.34(b) and Commission strongly encourages [Project No. 14115–000] 385.2010. electronic filing, documents may also be paper-filed. To paper-file, mail an AJT Mining Properties, Inc.; Notice of Dated: June 10, 2011. original and seven copies to: Kimberly Preliminary Permit Application Kimberly D. Bose, D. Bose, Secretary, Federal Energy Accepted for Filing and Soliciting Secretary. Regulatory Commission, 888 First Comments, Motions To Intervene, and [FR Doc. 2011–14966 Filed 6–15–11; 8:45 am] Street, NE., Washington, DC 20426. Competing Applications BILLING CODE 6717–01–P The Commission’s Rules of Practice require all intervenors filing documents On March 21, 2011, AJT Mining with the Commission to serve a copy of Properties, Inc., filed an application for DEPARTMENT OF ENERGY that document on each person on the a preliminary permit, pursuant to official service list for the project. section 4(f) of the Federal Power Act Federal Energy Regulatory Further, if an intervenor files comments (FPA), proposing to study the feasibility Commission or documents with the Commission of the Yeldagalga Creek Hydroelectric Project (project) to be located on the [Project No. 2984–042] relating to the merits of an issue that may affect the responsibilities of a Yeldagalga Creek, near Haines, in the S. D. Warren Company; Notice of particular resource agency, they must boroughs of Haines and Juneau, Alaska. Supplement to the License Application also serve a copy of the document on The project would be located on lands And Soliciting Comments that resource agency. within the Tongass National Forest, k. Description of the supplement: S. which is owned and managed by the Take notice that the following D. Warren (Warren) requests the U.S.D.A. Forest Service. The sole supplement to the license application Commission adopt modifications to the purpose of a preliminary permit, if has been filed with the Commission and existing Sebago Lake Level Management issued, is to grant the permit holder is available for public inspection. Plan (LLMP) that would include priority to file a license application a. Type of Filing: Supplement to the changing project operation from during the permit term. A preliminary licensing application for the Eel Weir requiring seasonal target lake water permit does not authorize the permit Project. surface elevations to a seasonal flow- holder to perform any land-disturbing b. Project No.: P–2984–042. based regime. Under the modified activities or otherwise enter upon lands c. Date Filed: June 6, 2011 (The LLMP, Warren would first direct flows or waters owned by others without the version of the supplement filed on May into the bypassed reach as required by owners’ express permission. 26, 2011, was superseded by the revised the license, and would then direct flows The proposed project would consist of version filed on June 6, 2011). that are above the required minimum the following: (1) A 10-foot-high, 50- d. Applicant: S. D. Warren Company. bypassed reach flow into the power foot-wide diversion dam; (2) an e. Location: The existing project is canal. Warren also requests overflow spillway; (3) a 42-inch- located at the outlet of Sebago Lake on confirmation that no further wetland diameter, 2,500-foot-long penstock; (4) a the Presumpscot River, in Cumberland studies at Sebago Lake are necessary, powerhouse containing a generating County, Maine. The project does not that no shoreline permitting program is unit rated at 8 megawatts; (5) a short affect federal lands. needed under a new license, and that no tailrace; (6) living quarters for g. Filed Pursuant to: Federal Power new shallow boat launch near the personnel; (7) a dock and barge landing Act 16 U.S.C. 791(a)–825(r). project facilities is necessary. facility; (8) a 34.5-kilovolt, 16-mile-long h. Applicant Contact: Nancy J. l. A copy of the supplement is overhead transmission line; and (9) Skancke, GKRSE, 1500 K Street, NW., available for review at the Commission appurtenant facilities. The estimated Suite 330, Washington, DC 20005; (202) in the Public Reference Room or may be annual generation of the project would 408–5400. viewed on the Commission’s Web site at be 31,000 megawatt-hours. i. FERC Contact: Tom Dean (202) 502– http://www.ferc.gov using the Applicant Contact: Mr. Scott Willis, 6041. ‘‘eLibrary’’ link. Enter the docket AJT Mining Properties, Inc., 5601 j. Deadline for filing comments on the number excluding the last three digits in Tonsgard Court, Juneau, Alaska 99801; supplement: 30 days from the issuance the docket number field to access the phone: (907) 463–6396. date of this notice. All reply comments document. For assistance, contact FERC FERC Contact: Kelly Wolcott; phone: must be filed with the Commission Online Support. (202) 502–6480.

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Deadline for filing comments, motions The Board meeting is June 13–14 Docket No. ER11–3478, Southwest to intervene, competing applications (1:30 p.m.–5 p.m. and 8 a.m.–5 p.m.). Power Pool, Inc. (without notices of intent), or notices of The discussions may address matters Docket No. ER11–3666, Southwest intent to file competing applications: 60 at issue in the following proceedings: Power Pool, Inc. days from the issuance of this notice. Docket No. ER06–451, Southwest Power Docket No. ER11–3455, Southwest Competing applications and notices of Pool, Inc. Power Pool, Inc. intent must meet the requirements of 18 Docket No. ER08–1419, Southwest Docket No. ER11–3622, Southwest CFR 4.36. Comments, motions to Power Pool, Inc. Power Pool, Inc. intervene, notices of intent, and Docket No. ER09–659, Southwest Power Docket No. ER11–3627, Southwest competing applications may be filed Pool, Inc. Power Pool, Inc. electronically via the Internet. See 18 Docket No. ER09–1050, Southwest Docket No. ER11–3650, Southwest CFR 385.2001(a)(1)(iii) and the Power Pool, Inc. Power Pool, Inc. instructions on the Commission’s Web Docket No. ER10–696, Southwest Power Docket No. ER11–3299, Southwest site http://www.ferc.gov/docs-filing/ Pool, Inc. Power Pool, Inc. efiling.asp. Commenters can submit Docket No. ER10–941, Southwest Power Docket No. ER11–3331, Southwest brief comments up to 6,000 characters, Pool, Inc. Power Pool, Inc. without prior registration, using the Docket No. ER10–1069, Southwest Docket No. ER11–3450, Southwest eComment system at http:// Power Pool, Inc. Power Pool, Inc. Docket No. ER11–3451, Southwest www.ferc.gov/docs-filing/ Docket No. ER09–1254, Southwest Power Pool, Inc. ecomment.asp. You must include your Power Pool, Inc. Docket No. ER11–3490, Southwest name and contact information at the end Docket No. ER10–1269, Southwest Power Pool, Inc. of your comments. For assistance, Power Pool, Inc. Docket No. ER11–3503, Southwest please contact FERC Online Support at Docket No. ER10–1697, Southwest [email protected] or toll Power Pool, Inc. Power Pool, Inc. Docket No. ER11–3599, Southwest free at 1–866–208–3676, or for TTY, Docket No. ER10–2244, Southwest (202) 502–8659. Although the Power Pool, Inc. Power Pool, Inc. Docket No. ER11–3601, Southwest Commission strongly encourages Docket No. ER11–13, Southwest Power electronic filing, documents may also be Power Pool, Inc. Pool, Inc. Docket No. EL11–34, Midwest paper-filed. To paper-file, mail an Docket No. ER11–2428, Southwest original and seven copies to: Kimberly Independent System Transmission Power Pool, Inc. Operator, Inc. D. Bose, Secretary, Federal Energy Docket No. ER11–2528, Southwest These meetings are open to the Regulatory Commission, 888 First Power Pool, Inc. public. Street, NE., Washington, DC 20426. Docket No. ER11–2677, Southwest For more information, contact John More information about this project, Power Pool, Inc. Rogers, Office of Energy Market including a copy of the application, can Docket No. ER11–2711, Southwest Regulation, Federal Energy Regulatory be viewed or printed on the ‘‘eLibrary’’ Power Pool, Inc. Commission at (202)-502–8564 or link of Commission’s Web site at Docket No. ER11–2719, Southwest [email protected]. http://www.ferc.gov/docs-filing/ Power Pool, Inc. elibrary.asp. Enter the docket number Docket No. ER11–2758, Southwest Dated: June 9, 2011. (P–14115–000) in the docket number Power Pool, Inc. Kimberly D. Bose, field to access the document. For Docket No. ER11–2781, Southwest Secretary. assistance, contact FERC Online Power Pool, Inc. Support. [FR Doc. 2011–14901 Filed 6–15–11; 8:45 am] Docket No. ER11–2787, Southwest BILLING CODE 6717–01–P Dated: June 10, 2011. Power Pool, Inc. Kimberly D. Bose, Docket No. ER11–2861, Southwest Secretary. Power Pool, Inc. ENVIRONMENTAL PROTECTION [FR Doc. 2011–14961 Filed 6–15–11; 8:45 am] Docket No. ER11–3230, Southwest AGENCY BILLING CODE 6717–01–P Power Pool, Inc. Docket No. ER11–3243, Southwest [FRL–9319–9] Power Pool, Inc. Notice of Determination of Adequacy DEPARTMENT OF ENERGY Docket No. ER11–3452, Southwest of Ohio’s Research, Development and Power Pool, Inc. Demonstration (RD&D) Permit Federal Energy Regulatory Docket No. ER11–3453, Southwest Provisions for Municipal Solid Waste Commission Power Pool, Inc. Landfills Docket No. ER11–3494, Southwest Notice of Staff Attendance at Power Pool, Inc. Southwest Power Pool Board of AGENCY: Environmental Protection Docket No. ER11–3501, Southwest Directors Meetings Agency (EPA). Power Pool, Inc. ACTION: Notice. The Federal Energy Regulatory Docket No. ER11–3504, Southwest Commission hereby gives notice that Power Pool, Inc. SUMMARY: On March 22, 2004, the U.S. members of its staff may attend the Docket No. ER11–3509, Southwest EPA issued final regulations allowing meetings of the Southwest Power Pool, Power Pool, Inc. research, development and Inc. (SPP) Board of Directors, as noted Docket No. ER11–3511, Southwest demonstration (RD&D) permits to be below. Their attendance is part of the Power Pool, Inc. issued to certain municipal solid waste Commission’s ongoing outreach efforts. Docket No. ER11–3489, Southwest landfills by approved states. On March All meetings will be held at: The Power Pool, Inc. 3, 2011, Ohio submitted an application Marriott Las Colinas, 223 West Las Docket No. ER11–3474, Southwest to the U.S. EPA Region 5 seeking Colinas Boulevard, Irving, TX 75039. Power Pool, Inc. Federal approval of its RD&D. Ohio’s

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RD&D requirements allow the State to B. Decision FOR FURTHER INFORMATION CONTACT: For issue RD&D permits to owners and After a thorough review, U.S. EPA further information about this notice, operators of MSWLF units in Region 5 determined that Ohio’s RD&D contact Greg Schaner, EPA accordance with state law. Subject to permit provisions as defined under OAC Headquarters, Office of Water, Office of public review and comment, this notice 3745–27–80 to 3745–27–89 are adequate Wastewater Management at tel.: 202– approves Ohio’s RD&D permit to ensure compliance with the Federal 564–0721 or e-mail: requirements. criteria as defined at 40 CFR Part 258.4. [email protected]. DATES: This determination of RD&D Authority: This action is issued under the SUPPLEMENTARY INFORMATION: program adequacy for Ohio will become authority of section 2002, 4005 and 4010(c) I. Background effective August 15, 2011 unless adverse of the Solid Waste Disposal Act, as amended, comments are received on or before 42 U.S.C. 6912, 6945 and 6949(a). Properly designed, operated, and August 15, 2011. If adverse comments Dated: June 3, 2011. maintained sanitary sewer systems are meant to collect and transport all of the are received, the U.S. EPA will review Susan Hedman, sewage that flows into them to a those comments and publish another FR Regional Administrator, U.S. EPA Region 5. document responding to those publicly owned treatment works [FR Doc. 2011–15001 Filed 6–15–11; 8:45 am] (POTW). However, occasional comments and either affirming or BILLING CODE 6560–50–P revising the U.S. EPA’s initial decision. discharges of raw sewage from municipal sanitary sewers occur in ADDRESSES: Written comments should almost every system. These types of be sent to Rebecca Geyer, Land and ENVIRONMENTAL PROTECTION discharges are called sanitary sewer Chemicals Division (Mail Code LM–8J), AGENCY overflows (SSOs). SSOs have a variety U.S. EPA Region 5, 77 West Jackson [EPA–HQ–OW–2010–0464; FRL–9318–8] of causes, including but not limited to Boulevard, Chicago, Illinois 60604, blockages, line breaks, sewer defects telephone: (312) 353–8314. Comments Notice of EPA Workshop on Sanitary that allow storm water and groundwater may also be submitted electronically to Sewer Overflows and Peak Wet to overload the system, lapses in sewer [email protected] or by facsimile at Weather Discharges system operation and maintenance, (312) 582–5122. You may examine power failures, inadequate sewer design copies of Ohio’s application and AGENCY: Environmental Protection Agency (EPA). and vandalism. EPA estimates that there relevant portions of Ohio’s regulations are at least 23,000–75,000 SSOs per year ACTION: during normal business hours at U.S. Notice. (not including sewage backups into EPA Region 5. SUMMARY: The Office of Wastewater buildings). The untreated sewage from FOR FURTHER INFORMATION CONTACT: Management of the U.S. Environmental these overflows can contaminate our Rebecca Geyer, Land and Chemicals Protection Agency is holding a waters, causing serious water quality Division (Mail Code LM–8J), U.S. EPA workshop to solicit the views of problems. It can also back-up into Region 5, 77 West Jackson Boulevard, stakeholders concerning a number of basements, causing property damage Chicago, Illinois 60604, telephone: (312) issues. These include views on how the and threatening public health. 353–8314, [email protected]. National Pollutant Discharge Additionally, aging sewer line infrastructure in many communities SUPPLEMENTARY INFORMATION: Elimination System (NPDES) regulations should apply to municipal allows rain and snow melt to enter A. Background sanitary sewer collection systems, sanitary sewer systems and cause excess flow at the treatment plant. During On March 22, 2004, EPA issued a sanitary sewer overflows (SSOs), and significant wet weather events it is final rule amending the municipal solid peak wet weather discharges at publicly possible for influent flows to exceed the waste landfill criteria in 40 CFR Part owned treatment works (POTW) treatment capacity of existing secondary 258 to allow for research, development treatment plants. EPA will also seek treatment units. Known as ‘‘peak and demonstration permits (69 FR views on the 2005 draft Peak Flows flows,’’ these wet weather flows are 13242). This rule allows for variances Policy. The workshop will include a sometimes diverted around secondary from specified criteria for a limited facilitated discussion with treatment units and then either period of time, to be implemented representatives of organizations that recombined with flows from the through state-issued RD&D permits. represent POTWs, state NPDES permitting authorities, and non-for- secondary treatment units or discharged RD&D permits are available only in directly into waterways from the states with approved MSWLF permit profit environmental groups. EPA invites other interested members of the treatment plant in order to prevent any programs that have been modified to damage to the treatment facility. incorporate RD&D permit authority. public to observe the workshop and to offer verbal comments at designated Operators of wastewater treatment While States are not required to adopt plants must manage these high flows to this new provision, those States that are times during the workshop or to submit written comments to the Agency. ensure continued operation of the interested in providing RD&D permits to treatment process. owners and operators of MSWLFs must DATES: The workshop will be held on For additional background on SSOs seek approval from EPA before issuing July 14, from 8 a.m. to 5:15 p.m. and on and peak wet weather discharges, refer such permits. Approval procedures for July 15, from 8 a.m. to 12:30 p.m. If you to the ‘‘background’’ section of EPA’s new provisions of 40 CFR Part 258 are plan to participate in the workshop as notice announcing the 2010 Listening outlined in 40 CFR Part 239.12. an observer, EPA requests that you pre- Sessions at 75 FR 30395 (June 1, 2010) Ohio’s MSWLF permit program was register by July 6, 2011 at http:// and to information included on EPA’s approved on June 13, 1994 (59 FR 112). www.epa.gov/npdes/sso. Web site at http://cfpub.epa.gov/npdes/ On March 3, 2011, Ohio applied for ADDRESSES: The workshop will be held home.cfm?program_id=4. approval of its RD&D permit provisions. at the Ronald Reagan Building and Ohio submitted its amended laws under International Trade Center, Horizon II. 2010 Listening Sessions OAC 3745–27–80 to 3745–27–89 for Ballroom, located in Washington, DC at In 2010, EPA held several listening review. 1300 Pennsylvania Avenue, NW. sessions to obtain information from the

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public regarding the potential wetweather.cfm) that pertains to wet Officer (DFO). Dr. Nugent may be modification to the NPDES regulations weather diversions at POTW treatment contacted at the EPA Science Advisory to address SSOs and other types of peak plants. Board (1400R), U.S. Environmental wet weather discharges. See 75 FR It is not EPA’s objective during the Protection Agency, 1200 Pennsylvania 30395 (June 1, 2010). Participants in the workshop to establish consensus among Avenue, NW., Washington, DC 20460; sessions offered both verbal and written the parties or to obtain a collective set or by telephone/voice mail at (202) 564– comments. The Agency received 235 of recommendations. Rather, it is EPA’s 2188; fax at (202) 565–2098; or e-mail at written comments to the docket. You intention to obtain individual input [email protected]. General can view these comments at http:// from interested parties so that the information concerning the EPA Science www.regulations.gov, under Docket ID # Agency can better understand the Advisory Board can be found on the EPA–HQ–OW–2010–0464. differences and commonalities among EPA Web site at http://www.epa.gov/ the individual recommendations. In this III. Purpose of SSO/Peak Wet Weather sab. regard, EPA has determined that this Flow Workshop SUPPLEMENTARY INFORMATION: The SAB workshop is not subject to the was established pursuant to the As a follow-up to the 2010 Listening requirements of the Federal Advisory 1 Environmental Research, Development, Sessions, EPA will hold a 1 ⁄2 day Committee Act. 5 U.S.C. Appendix 2. workshop on July 14–15, 2011 in and Demonstration Authorization Act Washington, DC. The purpose of this IV. Participation in the Workshop (ERDAA), codified at 42 U.S.C. 4365, to workshop is to provide interested Members of the public are welcome to provide independent scientific and parties and other members of the public participate as observers in the technical advice to the EPA an opportunity to elaborate on their workshop. The agenda will be Administrator on the technical basis for recommendations to the Agency with structured to invite specific verbal Agency positions and regulations. The respect to actions that could be taken to comments from observers on key issues. SAB is a Federal Advisory Committee strengthen the permitting program’s If you plan to participate as an observer chartered under the Federal Advisory approach to regulating SSOs and peak at the workshop, in order that EPA may Committee Act (FACA), 5 U.S.C., App. wet weather discharges. EPA has invited properly anticipate the correct number 2. Pursuant to FACA and EPA policy, several stakeholder groups representing of people, EPA requests that you pre- notice is hereby given that the SAB will non-governmental interests, POTWs and register by July 6, 2011 at http:// hold a public teleconference to conduct collection systems, and state permitting www.epa.gov/npdes/sso. a quality review of a draft report entitled authorities to recommend members of Review of EPA’s Draft Hydraulic Authority: Clean Water Act, 33 U.S.C. 1251 Fracturing Study Plan. The SAB will their community to participate in the et seq. workshop as experts. In addition to comply with the provisions of FACA Dated: June 7, 2011. eliciting the views of the representative and all appropriate SAB Staff Office groups, EPA will also invite comments James A. Hanlon, procedural policies. during the meeting from any member of Director, Office of Wastewater Management. Background: EPA’s Office of Research the public who wishes to observe and [FR Doc. 2011–15003 Filed 6–15–11; 8:45 am] and Development (ORD) is initiating a participate at the workshop. BILLING CODE 6560–50–P study of the potential environmental The specific issues that EPA is and human health implications of seeking feedback on have significant hydraulic fracturing with special overlap with those highlighted for the ENVIRONMENTAL PROTECTION emphasis on the relationship between 2010 listening sessions. See 75 FR AGENCY hydraulic fracturing and drinking water 30399–30401 (June 1, 2010). For [FRL–9320–1] resources. ORD has requested that the example, EPA will be interested in the SAB review its draft Study Plan. The views of the representatives and Science Advisory Board Staff Office SAB Hydraulic Fracturing Study Plan observers on whether and to what extent Notification of a Public Teleconference Review Panel has developed the draft specific NPDES permit requirements of the Chartered Science Advisory report that will undergo quality review should be developed to address the Board by the chartered SAB. following: Background information about the AGENCY: • How SSOs are reported to EPA or Environmental Protection SAB advisory activity, including its state permitting authorities and Agency (EPA). meetings and teleconferences, can be documented in POTW records, and how ACTION: Notice. found on the SAB Web site at http:// and when the public is notified of yosemite.epa.gov/sab/sabproduct.nsf/ SUMMARY: The EPA Science Advisory _ overflows; fedrgstr activites/ • Board (SAB) Staff Office announces a HFSP?OpenDocument. What components of POTW public teleconference of the chartered programs for capacity, management, Availability of Meeting Materials: The SAB on July 5, 2011 to conduct a quality agenda and other materials in support of operations, and maintenance (CMOM) review of a draft SAB report, Review of should be made part of standard NPDES the teleconference will be placed on the EPA’s Draft Hydraulic Fracturing Study SAB Web site at http://www.epa.gov/sab permit conditions; Plan (Quality Review Draft). • Whether to require NPDES permits in advance of the teleconference. for ‘‘municipal satellite collection DATES: The public teleconference will Procedures for Providing Public Input: systems’’, and what types of be held on July 5, 2011 from 11 a.m. to Public comment for consideration by requirements should such permits 3 p.m. (Eastern Daylight Time). EPA’s federal advisory committees and include; and ADDRESSES: The public teleconference panels has a different purpose from • Are there any circumstances under will be conducted by telephone only. public comment provided to EPA which an SSO may be authorized under FOR FURTHER INFORMATION CONTACT: Any program offices. Therefore, the process an NPDES permit. member of the public wishing to obtain for submitting comments to a federal EPA will also seek input on the general information concerning the advisory committee is different from the disposition of the 2005 draft Peak Flows public teleconference may contact Dr. process used to submit comments to an Policy (see http://cfpub.epa.gov/npdes/ Angela Nugent, Designated Federal EPA program office.

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Federal advisory committees and Dated: June 9, 2011. FEDERAL DEPOSIT INSURANCE panels, including scientific advisory Vanessa T. Vu, CORPORATION committees, provide independent Director, EPA Science Advisory Staff Office. advice to EPA. Members of the public [FR Doc. 2011–15002 Filed 6–15–11; 8:45 am] Sunshine Act Meeting can submit comments for a federal BILLING CODE 6560–50–P Pursuant to the provisions of the advisory committee to consider as it ‘‘Government in the Sunshine Act’’ (5 develops advice for EPA. Input from the U.S.C. 552b), notice is hereby given that public to the SAB will have the most at 10:20 a.m. on Tuesday, June 14, 2011, impact if it provides specific scientific EXPORT-IMPORT BANK OF THE the Board of Directors of the Federal or technical information or analysis for UNITED STATES Deposit Insurance Corporation met in SAB panels to consider or if it relates to closed session to consider matters Notice of Open Special Meeting of the the clarity or accuracy of the technical related to the Corporation’s supervision, Sub-Saharan Africa Advisory information. Members of the public corporate and resolution activities. Committee (SAAC) of the Export- wishing to provide comment should In calling the meeting, the Board Import Bank of the United States determined, on motion of Director John contact the Designated Federal Officer (Export-Import Bank) directly. E. Bowman (Acting Director, Office of Thrift Supervision), seconded by Vice Oral Statements: In general, SUMMARY: The Sub-Saharan Africa Chairman Martin J. Gruenberg, individuals or groups requesting an oral Advisory Committee was established by concurred in by Director Thomas J. presentation at a teleconference will be Public Law 105–121, November 26, Curry (Appointive), Director John G. limited to three minutes. Those 1997, to advise the Board of Directors on Walsh (Acting Comptroller of the interested in being placed on the public the development and implementation of Currency), and Chairman Sheila C. Bair, speakers list for the July 5, 2011 policies and programs designed to that Corporation business required its teleconference should contact Dr. support the expansion of the Bank’s consideration of the matters which were Nugent at the contact information financial commitments in Sub-Saharan to be the subject of this meeting on less provided above no later than June 30, Africa under the loan, guarantee, and than seven days’ notice to the public; 2011. insurance programs of the Bank. that no earlier notice of the meeting was Further, the committee shall make practicable; that the public interest did Written Statements: Written recommendations on how the Bank can statements should be supplied to the not require consideration of the matters facilitate greater support by U.S. in a meeting open to public observation; DFO via email at the contact commercial banks for trade with Sub- and that the matters could be information noted above by June 30, Saharan Africa. considered in a closed meeting by 2011 for the teleconference so that the Time and Place: July 13, 2011 at 9:30 authority of subsections (c)(2), (c)(4), information may be made available to a.m. to 12:30 p.m. The meeting will be (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and the Panel members for their held at the Export-Import Bank in Room (c)(10) of the ‘‘Government in the consideration. Written statements 1143, 811 Vermont Avenue, NW., Sunshine Act’’ (5 U.S.C. 552b(c)(2), should be supplied in one of the Washington, DC 20571. (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), following electronic formats: Adobe Agenda: Presentation on recent and (c)(10)). Acrobat PDF, MS Word, MS developments in Sub-Saharan Africa The meeting was held in the Board PowerPoint, or Rich Text files in IBM– markets by Export-Import Bank staff; an Room of the FDIC Building located at PC/Windows 98/2000/XP format. It is update on the Bank’s on-going business 550 17th Street, NW., Washington, DC. the SAB Staff Office general policy to development initiatives in the region; Dated: June 14, 2011. post written comments on the Web page and Committee discussion of current Federal Deposit Insurance Corporation. for the advisory meeting or challenges and opportunities for U.S. Robert E. Feldman, teleconference. Submitters are requested exporters. Executive Secretary. to provide an unsigned version of each Public Participation: The meeting will [FR Doc. 2011–15059 Filed 6–14–11; 4:15 pm] document because the SAB Staff Office be open to public participation, and the BILLING CODE P does not publish documents with last 10 minutes will be set aside for oral signatures on its Web sites. Members of questions or comments. Members of the the public should be aware that their public may also file written statement(s) FEDERAL RESERVE SYSTEM personal contact information, if before or after the meeting. If any person included in any written comments, may wishes auxiliary aids (such as a sign Formations of, Acquisitions by, and be posted to the SAB Web site. language interpreter) or other special Mergers of Bank Holding Companies Copyrighted material will not be posted accommodations, please contact, prior The companies listed in this notice without explicit permission of the to July 13, 2011, Richard Thelen, 811 have applied to the Board for approval, copyright holder. Vermont Avenue, NW., Washington, DC pursuant to the Bank Holding Company Accessibility: For information on 20571, Voice: (202) 565–3515 or TDD Act of 1956 (12 U.S.C. 1841 et seq.) access or services for individuals with (202) 565–3377. (BHC Act), Regulation Y (12 CFR part disabilities, please contact Dr. Nugent FOR FURTHER INFORMATION CONTACT: For 225), and all other applicable statutes (202) 564–2188 or further information, contact Richard and regulations to become a bank [email protected]. To request Thelen, 811 Vermont Avenue, NW., holding company and/or to acquire the accommodation of a disability, please Washington, DC 20571, (202) 565–3515. assets or the ownership of, control of, or contact Dr. Nugent preferably at least the power to vote shares of a bank or ten days prior to the teleconference to Angela Mariana Freyre, bank holding company and all of the give EPA as much time as possible to Senior Vice President and General Counsel. banks and nonbanking companies process your request. [FR Doc. 2011–14908 Filed 6–15–11; 8:45 am] owned by the bank holding company, BILLING CODE 6690–01–M including the companies listed below.

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The applications listed below, as well Each notice is available for inspection chapter 35), the Regulatory Secretariat as other related filings required by the at the Federal Reserve Bank indicated. (MVCB) will be submitting to the Office Board, are available for immediate The notice also will be available for of Management and Budget (OMB) a inspection at the Federal Reserve Bank inspection at the offices of the Board of request to review and approve an indicated. The application also will be Governors. Interested persons may extension of a previously approved available for inspection at the offices of express their views in writing on the information collection requirement the Board of Governors. Interested question whether the proposal complies concerning cost or pricing data persons may express their views in with the standards of section 4 of the requirements and information other writing on the standards enumerated in BHC Act. than cost or pricing data. the BHC Act (12 U.S.C. 1842(c)). If the Unless otherwise noted, comments Public comments are particularly proposal also involves the acquisition of regarding the applications must be invited on: Whether this collection of a nonbanking company, the review also received at the Reserve Bank indicated information is necessary for the proper includes whether the acquisition of the or the offices of the Board of Governors performance of functions of the FAR, nonbanking company complies with the not later than July 1, 2011. and whether it will have practical standards in section 4 of the BHC Act A. Federal Reserve Bank of Chicago utility; whether our estimate of the (12 U.S.C. 1843). Unless otherwise (Colette A. Fried, Assistant Vice public burden of this collection of noted, nonbanking activities will be President) 230 South LaSalle Street, information is accurate, and based on conducted throughout the United States. Chicago, Illinois 60690–1414: valid assumptions and methodology; Unless otherwise noted, comments 1. First American Bank Corporation, ways to enhance the quality, utility, and regarding each of these applications Elk Grove Village, Illinois; to engage de clarity of the information to be must be received at the Reserve Bank novo in extending credit and servicing collected; and ways in which we can indicated or the offices of the Board of loans, pursuant to section 225.28(b)(1) minimize the burden of the collection of Governors not later than July 11, 2011. of Regulation Y. information on those who are to A. Federal Reserve Bank of Atlanta B. Federal Reserve Bank of San respond, through the use of appropriate (Clifford Stanford, Vice President) 1000 Francisco (Kenneth Binning, Vice technological collection techniques or Peachtree Street, NE., Atlanta, Georgia President, Applications and other forms of information technology. 30309: Enforcement) 101 Market Street, San DATES: Submit comments on or before 1. Savannah River Financial Francisco, California 94105–1579: August 15, 2011. Corporation, Augusta, Georgia; to 1. Western Liberty Bancorp, Las ADDRESSES: Submit comments become a bank holding company by Vegas, Nevada; to form a wholly owned identified by Information Collection acquiring 100 percent of the voting subsidiary, OREOSUB, Las Vegas, 9000–0013, Cost or Pricing Data shares of Savannah River Banking Nevada, and thereby engage in Requirements and Information Other Company, Aiken, South Carolina, upon extending credit and servicing loans, Than Cost or Pricing Data, by any of the its conversion to a state non-member pursuant to sections 225.28(b)(1) and (2) following methods: bank. of Regulation Y. • Regulations.gov: http:// Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve www.regulations.gov. Submit comments System, June 13, 2011. System, June 13, 2011. via the Federal eRulemaking portal by Robert deV. Frierson, Robert deV. Frierson, inputting ‘‘Information Collection 9000– Deputy Secretary of the Board. Deputy Secretary of the Board. 0013, Cost or Pricing Data Requirements and Information Other Than Cost or [FR Doc. 2011–14979 Filed 6–15–11; 8:45 am] [FR Doc. 2011–14978 Filed 6–15–11; 8:45 am] BILLING CODE 6210–01–P Pricing Data’’, under the heading ‘‘Enter BILLING CODE 6210–01–P Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ FEDERAL RESERVE SYSTEM DEPARTMENT OF DEFENSE that corresponds with ‘‘Information Collection 9000–0013, Cost or Pricing Notice of Proposals To Engage in GENERAL SERVICES Data Requirements and Information Permissible Nonbanking Activities or ADMINISTRATION Other Than Cost or Pricing Data’’. To Acquire Companies That Are Follow the instructions provided at the Engaged in Permissible Nonbanking NATIONAL AERONAUTICS AND ‘‘Submit a Comment’’ screen. Please Activities SPACE ADMINISTRATION include your name, company name (if any), and ‘‘Information Collection 9000– The companies listed in this notice [OMB Control No. 9000–0013; Docket 2011– 0013, Cost or Pricing Data Requirements have given notice under section 4 of the 0079; Sequence 16] and Information Other Than Cost or Bank Holding Company Act (12 U.S.C. Federal Acquisition Regulation; Pricing Data’’, on your attached 1843) (BHC Act) and Regulation Y, (12 Information Collection; Cost or Pricing document. CFR part 225) to engage de novo, or to • Fax: 202–501–4067. Data Requirements and Information • acquire or control voting securities or Other Than Cost or Pricing Data Mail: General Services assets of a company, including the Administration, Regulatory Secretariat companies listed below, that engages AGENCY: Department of Defense (DOD), (MVCB), 1275 First Street, NE., either directly or through a subsidiary or General Services Administration (GSA), Washington, DC 20417. ATTN: Hada other company, in a nonbanking activity and National Aeronautics and Space Flowers/IC 9000–0013, Cost or Pricing that is listed in § 225.28 of Regulation Y Administration (NASA). Data Requirements and Information (12 CFR 225.28) or that the Board has ACTION: Notice of request for public Other Than Cost or Pricing Data. determined by Order to be closely comments regarding an extension to an Instructions: Please submit comments related to banking and permissible for existing OMB clearance. only and cite Information Collection bank holding companies. Unless 9000–0013, Cost or Pricing Data otherwise noted, these activities will be SUMMARY: Under the provisions of the Requirements and Information Other conducted throughout the United States. Paperwork Reduction Act (44 U.S.C. Than Cost or Pricing Data, in all

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correspondence related to this SUMMARY: Under the provisions of the Analyst, Acquisition Policy Division, collection. All comments received will Paperwork Reduction Act (44 U.S.C. GSA (202) 501–3221, or be posted without change to http:// chapter 35), the Regulatory Secretariat [email protected]. www.regulations.gov, including any (MVCB) will be submitting to the Office SUPPLEMENTARY INFORMATION: personal and/or business confidential of Management and Budget (OMB) a information provided. request to review and approve an A. Purpose FOR FURTHER INFORMATION CONTACT: Mr. extension of a previously approved The FAR requires certain information Edward Chambers, Procurement information collection requirement to be provided by contractors which Analyst, Acquisition Policy Division, concerning payment by electronic fund would enable the Government to make GSA (202) 501–3221 or transfer. payments under the contract by [email protected]. Public comments are particularly electronic fund transfer (EFT). The invited on: Whether this collection of SUPPLEMENTARY INFORMATION: information necessary to make the EFT information is necessary for the proper transaction is specified in clause A. Purpose performance of functions of the FAR, 52.232–33, Payment by Electronic The Truth in Negotiations Act and whether it will have practical Funds Transfer—Central Contractor requires the Government to obtain utility; whether our estimate of the Registration, which the contractor is certified cost or pricing data under public burden of this collection of required to provide prior to award, and certain circumstances. Contractors may information is accurate, and based on clause 52.232–34, Payment by request an exemption from this valid assumptions and methodology; Electronic Funds Transfer—Other than requirement under certain conditions ways to enhance the quality, utility, and Central Contractor Registration, which and provide other information instead. clarity of the information to be requires EFT information to be provided collected; and ways in which we can B. Annual Reporting Burden as specified by the agency to enable minimize the burden of the collection of payment by EFT. Respondents: 33,332. information on those who are to Responses per Respondent: 6. respond, through the use of appropriate B. Annual Reporting Burden Total Responses: 199,992. technological collection techniques or Respondents: 14,000. Hours per Response: 50.51. other forms of information technology. Responses per Respondent: 10. Total Burden Hours: 10,101,684. DATES: Submit comments on or before Annual Responses: 140,000. Obtaining Copies of Proposals: August 15, 2011. Hours per Response: .5. Requesters may obtain a copy of the ADDRESSES: Total Burden Hours: 70,000. information collection documents from Submit comments Obtaining Copies of Proposals: the General Services Administration, identified by Information Collection Requesters may obtain a copy of the Regulatory Secretariat Division (MVCB), 9000–0144, Payment by Funds Transfer, information collection documents from 1275 First Street, NE., Washington, DC by any of the following methods: • Regulations.gov: http:// the General Services Administration, 20417, telephone (202) 501–4755. Please www.regulations.gov. Submit comments Regulatory Secretariat (MVCB), 1275 cite OMB Control No. 9000–0013, Cost via the Federal eRulemaking portal by First Street, NE., Washington, DC 20417, or Pricing Data Requirements and inputting ‘‘Information Collection 9000– telephone (202) 501–4755. Please cite Information Other Than Cost or Pricing 0144, Payment by Funds Transfer,’’ OMB Control No. 9000–0144, Payment Data, in all correspondence. under the heading ‘‘Enter Keyword or by Electronic Funds Transfer, in all Dated: June 7, 2011. ID’’ and selecting ‘‘Search.’’ Select the correspondence. Millisa Gary, link ‘‘Submit a Comment’’ that Dated: June 7, 2011. Acting Director, Office of Governmentwide corresponds with ‘‘Information Millisa Gary, Acquisition Policy. Collection 9000–0144, Payment by Acting Director, Office of Governmentwide [FR Doc. 2011–14863 Filed 6–15–11; 8:45 am] Funds Transfer’’. Follow the Acquisition Policy. BILLING CODE 6820–EP–P instructions provided at the ‘‘Submit a Comment’’ screen. Please include your [FR Doc. 2011–14862 Filed 6–15–11; 8:45 am] name, company name (if any), and BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE ‘‘Information Collection 9000–0144, Payment by Funds Transfer’’, on your GENERAL SERVICES attached document. DEPARTMENT OF HEALTH AND ADMINISTRATION • Fax: 202–501–4067. HUMAN SERVICES • Mail: General Services NATIONAL AERONAUTICS AND Administration, Regulatory Secretariat Administration for Children and SPACE ADMINISTRATION (MVCB), 1275 First Street, NE., Families Washington, DC 20417. Attn: Hada [OMB Control No. 9000–0144; Docket 2011– Submission for OMB Review; Flowers/IC 9000–0144, Payment by 0079; Sequence 17] Comment Request Funds Transfer. Federal Acquisition Regulation; Instructions: Please submit comments Title: Innovative Strategies for Information Collection; Payment by only and cite Information Collection Increasing Self-Sufficiency: Baseline Electronic Fund Transfer 9000–0144, Payment by Funds Transfer, Data Collection. in all correspondence related to this AGENCY: Department of Defense (DOD), OMB No.: New Collection. collection. All comments received will General Services Administration (GSA), Description: The Administration for be posted without change to http:// and National Aeronautics and Space Children and Families (ACF), U.S. www.regulations.gov, including any Administration (NASA). Department of Health and Human personal and/or business confidential Services (HHS), is proposing a data ACTION: Notice of request for public information provided. collection activity as part of the comments regarding an extension to an FOR FURTHER INFORMATION CONTACT: Mr. Innovative Strategies for Increasing Self- existing OMB clearance. Edward Chambers, Procurement Sufficiency (ISIS) demonstration and

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evaluation. The ISIS project will test a This proposed information collection implementation data collection range of promising strategies to promote activity focuses on collecting baseline interviews, will be used to collect employment, self-sufficiency, and data elements. Two data collection information from knowledgeable reduce dependence on cash welfare. instruments will be completed by all informants about the service context for The ISIS project will evaluate multiple participants prior to random each evaluation site using a baseline employment-focused strategies that assignment, and a third mill be an implementation guide. The purpose of build on previous approaches and are interview guide to collect information such interviews is to document and adapted to the current Federal, State, from program staff. The first is a short assess the service environment in which and local policy environment. The baseline information form (BIF) that will the evaluation is implemented and the major goals of the project include collect basic identification, opportunities for control group increasing the empirical knowledge demographic, and contact information. members to access the same or similar about the effectiveness of a variety of The form will include relatively services as the treatment group programs for low-income families to standard items from prior evaluations members. sustain employment and advance to and national surveys. The second Respondents: Individuals enrolled in positions that enable self-sufficiency, as instrument will be a self-administered ISIS demonstration interventions, well as producing useful findings for questionnaire (SAQ), covering control group members, ISIS program both policymakers and program information related to the project goals. operators (BIF and SAQ) and State and administrators. The third instrument, baseline local informants (interviews).

ANNUAL BURDEN ESTIMATES

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

Baseline Information Form ...... 4,800 1 0 .75 3,600 Self-Administered Questionnaire ...... 4,800 1 0 .75 3,600 Baseline Implementation Data Collection Interviews ...... 30 1 1 30

Estimated Total Annual Burden Dated: June 10, 2011. initiative and design a feasible and Hours: 7,230 Steven M. Hanmer, reliable evaluation design to produce Additional Information: Copies of the OPRE Reports Clearance Officer. accurate evidence of the effect of HPOG proposed collection may be obtained by [FR Doc. 2011–14869 Filed 6–15–11; 8:45 am] on individuals and health job training writing to the Administration for BILLING CODE 4184–09–M programs systems. Children and Families, Office of The goals of the HPOG evaluation are Planning, Research and Evaluation, 370 to establish a performance management L’Enfant Promenade, SW., Washington, DEPARTMENT OF HEALTH AND reporting process for HPOG, and design DC 20447, Attn: OPRE Reports HUMAN SERVICES an evaluation of HPOG. Both goals Clearance Officer. All requests should Administration for Children and require collecting information from be identified by the title of the Families HPOG grantees on a regular basis. The information collection. E-mail address: information collection proposed is an [email protected]. Submission for OMB Review; Internet-based collection of information OMB Comment: OMB is required to Comment Request from HPOG grantees on (1) program participants: Baseline characteristics, make a decision concerning the Title: Implementation, Systems and collection of information between 30 program participation and patterns, and Outcome Evaluation of the Tribal and participant outputs and outcomes; and and 60 days after publication of this Low-Income Health Profession document in the Federal Register. (2) program designs and operating Opportunity Grants (HPOG). characteristics. The performance Therefore, a comment is best assured of OMB No.: New Collection. having its full effect if OMB receives it Description: The Administration for management system would collect within 30 days of publication. Written Children and Families (ACF) is information from grantees on their comments and recommendations for the proposing information collection programs and participants on a bi- proposed information collection should activities as part of the Implementation, annual basis. be sent directly to the following: Office Systems and Outcome Evaluation of the Respondents: Participant data to be of Management and Budget, Paperwork Health Profession Opportunity Grants collected by program staff in the 32 Reduction Project, Fax: 202–395–6974, (HPOG). Through this information grantee organizations (higher education Attn: Desk Officer for the collection, ACE seeks to develop institutions, workforce investment Administration for Children and comprehensive management and boards, private training institutions, and Families. performance reports on the HPOG tribal entities).

ANNUAL BURDEN ESTIMATES

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

Semi-annual HPOG Program Performance Report ...... 32 2 31.25 2,000

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Estimated Total Annual Burden attention of Andrew Diggs by June 17, Number of Responses per Respondent: Hours: 2,000. 2011.’’ 1; Average Burden Hours per Response: Additional Information: Copies of the Dated: June 9, 2011. .08; and Estimated Total Annual Burden proposed collection may be obtained by Betty Z. Gould, Hours Requested: 147. There are no Capital Costs, Operating or Maintenance writing to the Administration for Federal Register Liaison Officer, Indian Children and Families, Office of Health Service. Costs to report. Planning, Research and Evaluation, 370 Request for Comments: Written [FR Doc. 2011–14794 Filed 6–15–11; 8:45 am] L’Enfant Promenade, SW., Washington, comments and/or suggestions from the BILLING CODE 4165–16–M DC 20447, Attn: OPRE Reports public and affected agencies are invited Clearance Officer. All requests should on one or more of the following points: be identified by the title of the DEPARTMENT OF HEALTH AND (1) Whether the proposed collection of information collection. E-mail address: HUMAN SERVICES information is necessary for the proper [email protected]. performance of the function of the OMB Comment: OMB is required to National Institutes of Health agency, including whether the make a decision concerning the information will have practical utility; collection of information between 30 Proposed Collection; Comment (2) The accuracy of the agency’s and 60 days after publication of this Request; NINR End-of-Life and estimate of the burden of the proposed document in the Federal Register. Palliative Care Science Needs collection of information, including the Therefore, a comment is best assured of Assessment: Funding Source validity of the methodology and having its full effect if OMB receives it Questionnaire (Survey of Authors) assumptions used; (3) Ways to enhance the quality, utility, and clarity of the within 30 days of publication. Written SUMMARY: In compliance with the comments and recommendations for the information to be collected; and (4) requirement of Section 3506(c)(2)(A) of Ways to minimize the burden of the proposed information collection should the Paperwork Reduction Act of 1995, be sent directly to the following: collection of information on those who for opportunity for public comment on are to respond, including the use of Office of Management and Budget, proposed data collection projects, the appropriate automated, electronic, National Institute of Nursing Research Paperwork Reduction Project, Fax: mechanical, or other technological (NINR), the National Institutes of Health 202–395–6974, Attn: Desk Officer for collection techniques or other forms of (NIH) will publish periodic summaries the Administration, for Children and information technology. Families. of proposed projects to be submitted to FOR FURTHER INFORMATION CONTACT: the Office of Management and Budget To Dated: June 9, 2011. (OMB). request more information on the Steven M. Hanmer, Proposed Collection: Title: NINR End- proposed project or to obtain a copy of OPRE Reports Clearance Officer. of-Life and Palliative Care Science the data collection plans and [FR Doc. 2011–14811 Filed 6–15–11; 8:45 am] Needs Assessment: Funding Source instruments, contact Dr. Amanda BILLING CODE 4184–09–M Questionnaire (Survey of Authors). Type Greene, Science Evaluation Officer, of Information Collection Request: Office of Science Policy and Public NEW. Need and Use of Information Liaison, NINR, Democracy One, 6701 DEPARTMENT OF HEALTH AND Collection: The NINR End-of-Life Democracy Blvd., Suite 710, Bethesda, HUMAN SERVICES Science Palliative Care (EOL PC) Needs MD 20892, or call non-toll-free number Assessment: Funding Source 301–496–9601, or e-mail your request to Indian Health Service Questionnaire will obtain information [email protected]. Comments Due Date: Comments Epidemiology Program for American on funding sources of EOL PC research published studies for which a funding regarding this information collection are Indian/Alaska Native Tribes and Urban best assured of having their full effect if Indian Communities; Correction source is not cited or the information is unclear. Target participants are authors received within 60 days of the date of AGENCY: Indian Health Service, HHS. of publically-available EOL PC research this publication. ACTION: Notice; correction. studies published between 1997–2010 Dated: June 6, 2011. for whom a funding source is unknown Amanda Greene, SUMMARY: The Indian Health Service or unclear. The questionnaire inquires Science Evaluation Officer, NINR, National published a document in the Federal about the funding source of the Institutes of Health. Register on June 8, 2011, concerning published study, type of funding [FR Doc. 2011–14878 Filed 6–15–11; 8:45 am] competitive cooperative agreement received, year of funding, and duration BILLING CODE 4140–01–P applications to establish Tribal of funded study. This is a 7-item Epidemiology Centers serving American questionnaire that takes approximately Indian/Alaska Native Tribes and urban 5 minutes to complete. Data collected is DEPARTMENT OF HEALTH AND Indian communities. The document part of a needs assessment to address HUMAN SERVICES contained one incorrect date. the breadth and depth of EOL PC National Institutes of Health FOR FURTHER INFORMATION CONTACT: scientific issues for use in stimulating Betty Gould, 301–443–1116. research capacity in the field. Frequency Office of the Director; Notice of Charter of Response: One time. Affected Public: Correction Renewal for the Advisory Committee to Individual authors of publically the Director In the Federal Register of June 8, available EOL PC research publications 2011, in FR Doc. 2011–14131, on page who do not list a funding source or the In accordance with Title 41 of the 33318, in the first column, last complete source is unclear within their U.S. Code of Federal Regulations, sentence in the paragraph ‘‘Letters of publication. Type of Respondents: EOL Section 102–3.65(a), notice is hereby Intent,’’ correct the sentence to read: PC researchers. The annual reporting given that the Charter for the Advisory ‘‘The LoI must be submitted to the burden is as follows: Estimated Number Committee to the Director, National Division of Grants Management to the of Respondents: 1840; Estimated Institutes of Health was renewed for an

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additional two-year period on May 31, Name of Committee: National Institute on (Catalogue of Federal Domestic Assistance 2011. Deafness and Other Communication Program Nos. 93.375, Minority Biomedical It is determined that the Advisory Disorders Special Emphasis Panel, P30 Research Support; 93.821, Cell Biology and Committee to the Director, National Review. Biophysics Research; 93.859, Pharmacology, Institutes of Health, is in the public Date: July 14, 2011. Physiology, and Biological Chemistry Time: 12 p.m. to 2 p.m. Research; 93.862, Genetics and interest in connection with the Agenda: To review and evaluate grant Developmental Biology Research; 93.88, performance of duties imposed on the applications. Minority Access to Research Careers; 93.96, National Institutes of Health by law, and Place: National Institutes of Health, 6120 Special Minority Initiatives, National that these duties can best be performed Executive Blvd., Rockville, MD 20852, Institutes of Health, HHS) through the advice and counsel of this (Telephone Conference Call). Dated: June 10, 2011. Contact Person: Susan L. Sullivan, PhD, group. Jennifer Spaeth, Inquiries may be directed to Jennifer Scientific Review Officer, National Institute of Deafness and Other Communication Director, Office of Federal Advisory Spaeth, Director, Office of Federal Committee Policy. Advisory Committee Policy, Office of Disorders, 6120 Executive Blvd Ste., 400C, Rockville, MD 20852, 301–496–8683, [FR Doc. 2011–14865 Filed 6–15–11; 8:45 am] the Director, National Institutes of [email protected]. Health, 6701 Democracy Boulevard, BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance Suite 1000, Bethesda, Maryland 20892 Program Nos. 93.173, Biological Research (Mail code 4875), Telephone (301) 496– Related to Deafness and Communicative DEPARTMENT OF HEALTH AND 2123, or [email protected]. Disorders, National Institutes of Health, HHS) HUMAN SERVICES Dated: June 10, 2011. Dated: June 10, 2011. Jennifer S. Spaeth, National Institutes of Health Jennifer S. Spaeth, Director, Office of Federal Advisory Committee Policy. Director, Office of Federal Advisory National Institute on Deafness and Committee Policy. Other Communication Disorders; [FR Doc. 2011–15006 Filed 6–15–11; 8:45 am] [FR Doc. 2011–14864 Filed 6–15–11; 8:45 am] Notice of Closed Meetings BILLING CODE 4140–01–P BILLING CODE 4140–01–P Pursuant to section 10(d) of the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES hereby given of the following meetings. The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the National Institute on Deafness and provisions set forth in sections Other Communication Disorders; National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Closed Meetings Sciences; Notice of Closed Meeting as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is and personal information concerning hereby given of the following meetings. hereby given of the following meeting. individuals associated with the grant The meeting will be closed to the The meetings will be closed to the applications, the disclosure of which public in accordance with the public in accordance with the would constitute a clearly unwarranted provisions set forth in sections provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute on as amended. The grant applications and as amended. The grant applications and the discussions could disclose Deafness and Other Communication the discussions could disclose Disorders Special Emphasis Panel, CDRC confidential trade secrets or commercial confidential trade secrets or commercial Conflicts. property such as patentable material, property such as patentable material, Date: June 23, 2011. and personal information concerning and personal information concerning Time: 10 a.m. to 1 p.m. individuals associated with the grant individuals associated with the grant Agenda: To review and evaluate grant applications, the disclosure of which applications, the disclosure of which applications. Place: National Institutes of Health, 6120 would constitute a clearly unwarranted would constitute a clearly unwarranted invasion of personal privacy. Executive Blvd., Rockville, MD 20852, invasion of personal privacy. (Telephone Conference Call). Name of Committee: National Institute on Name of Committee: National Institute of Contact Person: Christine A. Livingston, Deafness and Other Communication General Medical Sciences Initial Review PhD, Scientific Review Officer, Division of Disorders Special Emphasis Panel, R24— Group, Minority Programs Review Extramural Activities, National Institutes of NIDCD Community-Wide Scientific Subcommittee B. Health/NIDCD, 6120 Executive Blvd.—MSC Resources Limited Competition. Date: July 11, 2011. 7180, Bethesda, MD 20892, (301) 496–8683, Date: July 7, 2011. Time: 8:30 a.m. to 5 p.m. [email protected]. Time: 11 a.m. to 2 p.m. Agenda: To review and evaluate grant Name of Committee: National Institute on Agenda: To review and evaluate grant applications. Deafness and Other Communication applications. Place: Hyatt Regency—Bethesda, One Disorders Special Emphasis Panel, U24. Place: National Institutes of Health, 6120 Bethesda Metro Center, 7400 Wisconsin Date: June 28, 2011. Executive Blvd., Rockville, MD 20852, Avenue, Bethesda, MD 20814. Time: 12 p.m. to 2 p.m. (Telephone Conference Call). Contact Person: Rebecca H. Johnson, PhD, Agenda: To review and evaluate grant Contact Person: Susan L. Sullivan, PhD, Scientific Review Officer, Office of Scientific applications. Scientific Review Officer, National Institute Review, National Institute of General Medical Place: National Institutes of Health, 6120 of Deafness and Other Communication Sciences, National Institutes of Health, 45 Executive Blvd., Rockville, MD 20852, Disorders 6120 Executive Blvd Ste., 400C, Center Drive, Room 3AN18C Bethesda, MD (Telephone Conference Call). Rockville, MD 20852, 301–496–8683, 20892, 301–594–2771, Contact Person: Christine A. Livingston, [email protected]. [email protected]. PhD, Scientific Review Officer, Division of

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Extramural Activities, National Institutes of This notice is being published less than 15 DEPARTMENT OF HEALTH AND Health/NIDCD, 6120 Executive Blvd.—MSC days prior to the meeting due to the timing HUMAN SERVICES 7180, Bethesda, MD 20892, (301) 496–8683, limitations imposed by the review and [email protected]. funding cycle. National Institutes of Health Name of Committee: National Institute on Name of Committee: Center for Scientific Deafness and Other Communication Review Special Emphasis Panel, Member National Human Genome Research Disorders Special Emphasis Panel, R01/ Institute; Notice of Closed Meeting R21—Translational, Conflict: Ventricular Arrhythmias and Date: June 30, 2011. Sudden Death. Pursuant to section 10(d) of the Time: 11 a.m. to 2 p.m. Date: June 30, 2011. Federal Advisory Committee Act, as Agenda: To review and evaluate grant Time: 2 p.m. to 5 p.m. amended (5 U.S.C. App.), notice is applications. Agenda: To review and evaluate grant hereby given of the following meeting. Place: National Institutes of Health, 6120 applications. The meeting will be closed to the Executive Blvd., Rockville, MD 20852, Place: National Institutes of Health, 6701 (Telephone Conference Call). public in accordance with the Rockledge Drive, Bethesda, MD 20892, provisions set forth in sections Contact Person: Christine A. Livingston, (Telephone Conference Call). PhD, Scientific Review Officer, Division of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Olga A. Tjurmina, PhD, Extramural Activities, National Institutes of as amended. The grant applications and Scientific Review Officer, Center for Health/NIDCD, 6120 Executive Blvd.—MSC the discussions could disclose Scientific Review, National Institutes of 7180, Bethesda, MD 20892 (301) 496–8683, confidential trade secrets or commercial [email protected]. Health, 6701 Rockledge Drive, Room 4138, MSC 7814, Bethesda, MD 20892, (301) 451– property such as patentable material, (Catalogue of Federal Domestic Assistance and personal information concerning Program Nos. 93.173, Biological Research 1375, [email protected]. Related to Deafness and Communicative This notice is being published less than 15 individuals associated with the grant Disorders, National Institutes of Health, HHS) days prior to the meeting due to the timing applications, the disclosure of which would constitute a clearly unwarranted Dated: June 10, 2011. limitations imposed by the review and funding cycle. invasion of personal privacy. Jennifer S. Spaeth, Name of Committee: AIDS and Related Name of Committee: National Human Director, Office of Federal Advisory Genome Research Institute Special Emphasis Committee Policy. Research Integrated Review Group, Behavioral and Social Consequences of HIV/ Panel, Sequencing Centers—SEP. [FR Doc. 2011–14866 Filed 6–15–11; 8:45 am] AIDS Study Section. Date: July 7–8, 2011. BILLING CODE 4140–01–P Date: July 7–8, 2011. Time: 8 a.m. to 5 p.m. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Place: Renaissance Hotel, 2800 Potomac applications. HUMAN SERVICES Avenue, Arlington, VA 22202. Place: St. Gregory Hotel, 2033 M Street, Contact Person: Rudy O. Pozzatti, PhD, National Institutes of Health NW., Washington, DC 20036. Scientific Review Officer, Scientific Review Contact Person: Mark P Rubert, PhD, Branch, National Human Genome Research Center for Scientific Review; Notice of Scientific Review Officer, Center for Institute, 5635 Fishers Lane, Suite 4076, MSC Closed Meetings Scientific Review, National Institutes of 9306, Rockville, MD 20852, (301) 402–0838, Health, 6701 Rockledge Drive, Room 5218, [email protected]. Pursuant to section 10(d) of the MSC 7852, Bethesda, MD 20892, 301–806– (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as 6596, [email protected]. Program Nos. 93.172, Human Genome amended (5 U.S.C. App.), notice is Name of Committee: AIDS and Related Research, National Institutes of Health, HHS) hereby given of the following meetings. Research Integrated Review Group, AIDS Dated: June 9, 2011. The meetings will be closed to the Discovery and Development of Therapeutics Jennifer S. Spaeth, public in accordance with the Study Section. provisions set forth in sections Director, Office of Federal Advisory Date: July 8, 2011. Committee Policy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8 a.m. to 5 p.m. [FR Doc. 2011–14876 Filed 6–15–11; 8:45 am] as amended. The grant applications and Agenda: To review and evaluate grant the discussions could disclose applications. BILLING CODE 4140–01–P confidential trade secrets or commercial Place: Ritz Carlton Hotel, 1150 22nd Street, property such as patentable material, NW., Washington, DC 20037. DEPARTMENT OF HEALTH AND and personal information concerning Contact Person: Shiv A Prasad, PhD, HUMAN SERVICES individuals associated with the grant Scientific Review Officer, Center for applications, the disclosure of which Scientific Review, National Institutes of National Institutes of Health would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 5220, invasion of personal privacy. MSC 7852, Bethesda, MD 20892, 301–443– National Center for Research 5779, [email protected]. Name of Committee: Center for Scientific Resources; Notice of Closed Meeting Review Special Emphasis Panel, Small (Catalogue of Federal Domestic Assistance Business Grant Applications: Immunology. Program Nos. 93.306, Comparative Medicine; Pursuant to section 10(d) of the Date: June 27, 2011. 93.333, Clinical Research, 93.306, 93.333, Federal Advisory Committee Act, as Time: 8:30 a.m. to 6 p.m. 93.337, 93.393–93.396, 93.837–93.844, amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National hereby given of the following meeting. applications. Institutes of Health, HHS) The meeting will be closed to the Place: The River Inn, 924 25th Street, NW., public in accordance with the Dated: June 9, 2011. Washington, DC 20037. provisions set forth in sections Contact Person: Stephen M Nigida, PhD, Jennifer S. Spaeth, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for Director, Office of Federal Advisory as amended. The grant applications and Scientific Review, National Institutes of Committee Policy. Health, 6701 Rockledge Drive, Room 4212, the discussions could disclose MSC 7812, Bethesda, MD 20892, 301–435– [FR Doc. 2011–14873 Filed 6–15–11; 8:45 am] confidential trade secrets or commercial 1222, [email protected]. BILLING CODE 4140–01–P property such as patentable material,

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and personal information concerning Place: National Institutes of Health, 5635 Place: National Institutes of Health, 6700B individuals associated with the grant Fishers Lane, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20817, applications, the disclosure of which (Telephone Conference Call). (Telephone Conference Call). would constitute a clearly unwarranted Contact Person: Camilla E. Day, PhD, Contact Person: Paul A. Amstad, PhD, Scientific Review Officer, CIR, National invasion of personal privacy. Scientific Review Officer, Scientific Review Human Genome Research Institute, National Program, Division of Extramural Activities, Name of Committee: National Center for Institutes of Health, 5635 Fishers Lane, Suite NIAID/NIH/DHHS, 6700B Rockledge Drive, Research Resources Special Emphasis Panel, 4075, Bethesda, MD 20892 301–402–8837, MSC 7616, Bethesda, MD 20892–7616, 301– Date: June 21, 2011. [email protected]. 402–7098, [email protected]. Time: 1 p.m. to 2 p.m. (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.172, Human Genome applications. Research, National Institutes of Health, HHS) Program Nos. 93.855, Allergy, Immunology, Place: National Institutes of Health/NCRR/ and Transplantation Research; 93.856, OR, Democracy 1, 6701 Democracy Blvd., Dated: June 10, 2011. Microbiology and Infectious Diseases 1084, Bethesda, MD 20892. Jennifer S. Spaeth, Research, National Institutes of Health, HHS) Contact Person: Mohan Viswanathan, BS, Director, Office of Federal Advisory Dated: June 10, 2011. PhD, Scientific Review Officer, Office of Committee Policy. Jennifer S. Spaeth, Review, NCRR, Natonal Institutes of Health, [FR Doc. 2011–15011 Filed 6–15–11; 8:45 am] 1 Democracy Plaza, 6701 Democracy Blvd., Director, Office of Federal Advisory MSC 4874, RM. 1084, Bethesda, MD 20892– BILLING CODE 4140–01–P Committee Policy. 4874, 301–435–0829, [FR Doc. 2011–15010 Filed 6–15–11; 8:45 am] [email protected]. DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P This notice is being published less than 15 days prior to the meeting due to the timing HUMAN SERVICES limitations imposed by the review and DEPARTMENT OF HEALTH AND funding cycle. National Institutes of Health HUMAN SERVICES (Catalogue of Federal Domestic Assistance National Institute of Allergy and Program Nos. 93.306, Comparative Medicine; Infectious Diseases; Notice of Closed National Institutes of Health 93.333, Clinical Research; 93.371, Biomedical Meetings Technology; 93.389, Research Infrastructure, National Institute of Allergy and 93.306, 93.333; 93.702, ARRA Related Pursuant to section 10(d) of the Infectious Diseases; Notice of Closed Construction Awards., National Institutes of Federal Advisory Committee Act, as Meeting Health, HHS) amended (5 U.S.C. App.), notice is Dated: June 8, 2011. hereby given of the following meetings. Pursuant to section 10(d) of the Jennifer S. Spaeth, The meetings will be closed to the Federal Advisory Committee Act, as Director, Office of Federal Advisory public in accordance with the amended (5 U.S.C. App.), notice is Committee Policy. provisions set forth in sections hereby given of the following meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2011–14877 Filed 6–15–11; 8:45 am] The meeting will be closed to the BILLING CODE 4140–01–P as amended. The grant applications and the discussions could disclose public in accordance with the confidential trade secrets or commercial provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND property such as patentable material, as amended. The grant applications and HUMAN SERVICES and personal information concerning individuals associated with the grant the discussions could disclose National Institutes of Health applications, the disclosure of which confidential trade secrets or commercial would constitute a clearly unwarranted property such as patentable material, National Human Genome Research invasion of personal privacy. and personal information concerning Institute; Notice of Closed Meeting individuals associated with the grant Name of Committee: National Institute of applications, the disclosure of which Pursuant to section 10(d) of the Allergy and Infectious Diseases Special would constitute a clearly unwarranted Emphasis Panel, NIAID Investigator Initiated Federal Advisory Committee Act, as invasion of personal privacy. amended (5 U.S.C. App.), notice is Program Project. hereby given of the following meeting. Date: July 8, 2011. Name of Committee: Microbiology, The meeting will be closed to the Time: 11 a.m. to 5 p.m. Infectious Diseases and AIDS Initial Review Agenda: To review and evaluate grant public in accordance with the Group, Acquired Immunodeficiency applications. Syndrome Research Review Committee. provisions set forth in sections Place: National Institutes of Health, 6700B 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 12, 2011. Rockledge Drive, Bethesda, MD 20817, Time: 8:30 a.m. to 5 p.m. as amended. The grant applications and (Telephone Conference Call). Agenda: To review and evaluate grant the discussions could disclose Contact Person: James T. Snyder, PhD, applications. Scientific Review Officer, Scientific Review confidential trade secrets or commercial Place: Hyatt Regency Bethesda, One Program, Division of Extramural Activities, property such as patentable material, Bethesda Metro Center, 7400 Wisconsin DHHS/NIH/NIAID, 6700B Rockledge Drive, and personal information concerning Avenue, Bethesda, MD 20814. individuals associated with the grant MSC 7616, Room #3257, Bethesda, MD 20892, 301–435–1614, [email protected]. Contact Person: Sujata Vijh, PhD, Scientific applications, the disclosure of which Review Officer, Scientific Review Program, Name of Committee: National Institute of would constitute a clearly unwarranted DEA/NIAID/NIH, 6700B Rockledge Drive, Allergy and Infectious Diseases Special MSC 7616, Bethesda, MD 20892–7616, 301– invasion of personal privacy. Emphasis Panel, Disease Effector Name of Committee: Center for Inherited Mechanisms in SLE and Rheumatoid 594–0985, [email protected]. Disease Research Access Committee. Arthritis. (Catalogue of Federal Domestic Assistance Date: July 15, 2011. Date: July 13, 2011. Program Nos. 93.855, Allergy, Immunology, Time: 11:30 a.m. to 2 p.m. Time: 11 a.m. to 5 p.m. and Transplantation Research; 93.856, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Microbiology and Infectious Diseases applications. applications. Research, National Institutes of Health, HHS)

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Dated: June 10, 2011. DEPARTMENT OF HEALTH AND Education; 93.894, Resources and Manpower Jennifer S. Spaeth, HUMAN SERVICES Development in the Environmental Health Sciences; 93.113, Biological Response to Director, Office of Federal Advisory National Institutes of Health Environmental Health Hazards; 93.114, Committee Policy. Applied Toxicological Research and Testing, [FR Doc. 2011–15009 Filed 6–15–11; 8:45 am] National Institute of Environmental National Institutes of Health, HHS) BILLING CODE 4140–01–P Health Sciences; Notice of Closed Dated: June 10, 2011. Meetings Jennifer S. Spaeth, Pursuant to section 10(d) of the Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is [FR Doc. 2011–15007 Filed 6–15–11; 8:45 am] National Institutes of Health hereby given of the following meetings. BILLING CODE 4140–01–P The meetings will be closed to the National Institute of Arthritis and public in accordance with the DEPARTMENT OF HEALTH AND Musculoskeletal and Skin Diseases; provisions set forth in sections HUMAN SERVICES Notice of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and National Institutes of Health Pursuant to section 10(d) of the the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial Center for Scientific Review; Notice of amended (5 U.S.C. App.), notice is property such as patentable material, Closed Meetings hereby given of the following meeting. and personal information concerning individuals associated with the grant Pursuant to section 10(d) of the The meeting will be closed to the applications, the disclosure of which Federal Advisory Committee Act, as public in accordance with the would constitute a clearly unwarranted amended (5 U.S.C. App.), notice is provisions set forth in sections invasion of personal privacy. hereby given of the following meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meetings will be closed to the as amended. The grant applications and Name of Committee: National Institute of public in accordance with the Environmental Health Sciences Special provisions set forth in sections the discussions could disclose Emphasis Panel, Pathway to Independence/ confidential trade secrets or commercial Career Development. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, Date: July 14, 2011. as amended. The grant applications and and personal information concerning Time: 11 a.m. to 2:25 p.m. the discussions could disclose individuals associated with the grant Agenda: To review and evaluate grant confidential trade secrets or commercial applications, the disclosure of which applications. property such as patentable material, Place: NIEHS/National Institutes of Health, and personal information concerning would constitute a clearly unwarranted Keystone Building, 530 Davis Drive, Research invasion of personal privacy. individuals associated with the grant Triangle Park, NC 27713, (Telephone applications, the disclosure of which Name of Committee: National Institute of Conference Call). would constitute a clearly unwarranted Contact Person: Linda K. Bass, PhD, Arthritis and Musculoskeletal and Skin invasion of personal privacy. Diseases, Special Emphasis Panel. Clinical Scientific Review Administrator, Scientific Review Branch, Division of Extramural Trials Planning Pilot and Research. Name of Committee: Center for Scientific Research and Training, Nat. Institute Review Special Emphasis Panel, Drug Date: July 12, 2011. Environmental Health Sciences, P.O. Box Discovery and Mechanisms of Antimicrobial Time: 8:30 a.m. to 5 p.m. 12233, MD EC–30, Research Triangle Park, Resistance Overflow. Agenda: To review and evaluate grant NC 27709, (919) 541–1307, Date: June 24, 2011. applications. [email protected]. Time: 1 p.m. to 5 p.m. Place: Courtyard by Marriott, 5520 Name of Committee: National Institute of Agenda: To review and evaluate grant Wisconsin Avenue, Chevy Chase, MD 20815. Environmental Health Sciences Special applications. Contact Person: Charles N. Rafferty, PhD, Emphasis Panel, Research Careers in Place: National Institutes of Health, 6701 Chief, Scientific Review Branch, National Environmental Health. Rockledge Drive, Bethesda, MD 20892. Institute of Arthritis, Musculoskeletal and Date: July 14, 2011. (Telephone Conference Call) Skin Diseases, National Institutes of Health, Time: 2:30 p.m. to 5:30 p.m. Contact Person: Guangyong Ji, PhD, Scientific Review Officer, Center for 6701 Democracy Boulevard, Suite 800, Agenda: To review and evaluate grant Scientific Review, National Institutes of Bethesda, MD 20817, 301–594–5019, applications. Health, 6701 Rockledge Drive, Room 3188, [email protected]. Place: NIEHS/National Institutes of Health, Keystone Building, 530 Davis Drive, Research MSC 7808, Bethesda, MD 20892. 301–435– (Catalogue of Federal Domestic Assistance Triangle Park, NC 27713, (Telephone 1146. [email protected]. Program Nos. 93.846, Arthritis, Conference Call). This notice is being published less than 15 Musculoskeletal and Skin Diseases Research, Contact Person: Linda K. Bass, PhD, days prior to the meeting due to the timing National Institutes of Health, HHS) Scientific Review Administrator, Scientific limitations imposed by the review and Review Branch, Division of Extramural funding cycle. Dated: June 10, 2011. Research and Training, Nat. Institute Name of Committee: AIDS and Related Jennifer S. Spaeth, Environmental Health Sciences, P.O. Box Research Integrated Review Group, HIV/ Director, Office of Federal Advisory 12233, MD EC–30, Research Triangle Park, AIDS Vaccines Study Section. Committee Policy. NC 27709, (919) 541–1307, Date: July 8, 2011. [FR Doc. 2011–15008 Filed 6–15–11; 8:45 am] [email protected]. Time: 8:30 a.m. to 6 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant BILLING CODE 4140–01–P Program Nos. 93.115, Biometry and Risk applications. Estimation—Health Risks from Place: Ritz Carlton Hotel, 1150 22nd Street, Environmental Exposures; 93.142, NIEHS NW., Washington, DC 20037. Hazardous Waste Worker Health and Safety Contact Person: Mary Clare Walker, PhD, Training; 93.143, NIEHS Superfund Scientific Review Officer, Center for Hazardous Substances—Basic Research and Scientific Review, National Institutes of

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Health, 6701 Rockledge Drive, Room 5208, attend and need special assistance, such would constitute a clearly unwarranted MSC 7852, Bethesda, MD 20892. (301) 435– as sign language interpretation or other invasion of personal privacy. 1165. [email protected]. reasonable accommodations, should Name of Committee: Center for Scientific Name of Committee: National Institute on Review Special Emphasis Panel, Fellowship: notify the Contact Person listed below Drug Abuse Special Emphasis Panel, 2011 Oncological Sciences. in advance of the meeting. NIDA Avant-Garde Award Program for HIV/ Date: July 18–19, 2011. Name of Committee: National Children’s AIDS Research (DP1). Time: 8 a.m. to 6 p.m. Study Advisory Committee. Date: June 28, 2011. Agenda: To review and evaluate grant Date: July 20, 2011. Time: 8:30 a.m. to 5 p.m. applications. Time: 9 a.m. to 5 p.m. Agenda: To review and evaluate grant Place: Embassy Suites at the Chevy Chase Agenda: The major topic to be discussed applications. Pavilion, 4300 Military Road, NW., will be privacy and participant data, a Place: Westin Alexandria, 400 Courthouse Washington, DC 20015. revised sampling strategy, and a high-level Contact Person: Allen Richon, PhD, discussion of the Main Study protocol. Square, Alexandria, VA 22314. Scientific Review Officer, Center for Place: National Institutes of Health, Contact Person: Nadine Rogers, PhD, Scientific Review, National Institutes of Natcher Conference Center, 45 Center Drive, Scientific Review Administrator, Office of Health, 6701 Rockledge Drive, Room 6184, Room E1/E2, Bethesda, MD 20892. Extramural Affairs, National Institute on MSC 7892, Bethesda, MD 20892. 301–435– Contact Person: Kate Winseck, MSW, Drug Abuse, NIH, DHHS, Room 4229, MSC 1024. [email protected]. Executive Secretary, National Children’s 9550, 6001 Executive Blvd., Bethesda, MD Name of Committee: Center for Scientific Study, Eunice Kennedy Shriver National 20892–9550, 301–402–2105, Review Special Emphasis Panel, Institute of Child Health and Human [email protected]. Fellowships: Infectious Diseases and Development, NIH, 6100 Executive Blvd., Name of Committee: National Institute on Microbiology. Room 5C01, Bethesda, MD 20892, (703) 902– Date: July 18–19, 2011. 1339, [email protected]. Drug Abuse Special Emphasis Panel, R01 and R34 Review. Time: 8:30 a.m. to 6 p.m. Any interested person may file written Agenda: To review and evaluate grant comments with the committee by forwarding Date: June 30, 2011. applications. the statement to the Contact Person listed on Time: 11 a.m. to 2 p.m Place: Avenue Hotel Chicago, 160 E. Huron this notice. The statement should include the Agenda: To review and evaluate grant Street, Chicago, IL 60611. name, address, telephone number and when applications. Contact Person: Alexander D Politis, PhD, applicable, the business or professional Place: National Institutes of Health, Scientific Review Officer, Center for affiliation of the interested person. For Neuroscience Center, 6001 Executive Scientific Review, National Institutes of additional information about the Federal Health, 6701 Rockledge Drive, Room 3210, Boulevard, Rockville, MD 20852, (Telephone Advisory Committee meeting, please contact MSC 7808, Bethesda, MD 20892. (301) 435– Conference Call). Circle Solutions at [email protected]. 1150. [email protected]. Contact Person: Nataly Strunnikova, PhD, (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Scientific Review Officer, Office of Program Nos. 93.864, Population Research; Program Nos. 93.306, Comparative Medicine; Extramural Affairs, National Institute on 93.865, Research for Mothers and Children; 93.333, Clinical Research, 93.306, 93.333, Drug Abuse, NIH, DHHS, Room 4237, MSC 93.929, Center for Medical Rehabilitation 93.337, 93.393–93.396, 93.837–93.844, 9550, 6001 Executive Blvd., Bethesda, MD Research; 93.209, Contraception and 93.846–93.878, 93.892, 93.893, National 20892–9550, 301–402–0288, Institutes of Health, HHS) Infertility Loan Repayment Program, National Institutes of Health, HHS) [email protected]. Dated: June 10, 2011. Name of Committee: National Institute on Dated: June 9, 2011 Jennifer S. Spaeth, Drug Abuse Special Emphasis Panel, Jennifer S. Spaeth, Director, Office of Federal Advisory Medication Initiative for Tobacco Committee Policy. Director, Office of Federal Advisory Dependence (MITD): A New Product Committee Policy. [FR Doc. 2011–15005 Filed 6–15–11; 8:45 am] Development Partnership (PDP) (UH2/UH3). [FR Doc. 2011–14875 Filed 6–15–11; 8:45 am] BILLING CODE 4140–01–P Date: July 7, 2011. BILLING CODE 4140–01–P Time: 8 a.m. to 5:30 p.m. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND applications. HUMAN SERVICES DEPARTMENT OF HEALTH AND Place: Hyatt Regency Bethesda, One HUMAN SERVICES Bethesda Metro Center, 7400 Wisconsin National Institutes of Health Avenue, Bethesda, MD 20814. National Institutes of Health Contact Person: Gerald L. McLaughlin, Eunice Kennedy Shriver National PhD, Scientific Review Officer, Office of Institute of Child Health & Human National Institute on Drug Abuse; Notice of Closed Meetings Extramural Affairs, National Institute on Development; Notice of Meeting Drug Abuse, NIH, DHHS, Room 4238, MSC 9550, 6001 Executive Blvd., Bethesda, MD Pursuant to section 10(a) of the Pursuant to section 10(d) of the 20892–9550, 301–402–6626, Federal Advisory Committee Act, as Federal Advisory Committee Act, as [email protected]. amended (5 U.S.C. App.), notice is amended (5 U.S.C. App), notice is hereby given of a meeting of the hereby given of the following meetings. (Catalogue of Federal Domestic Assistance National Children’s Study Advisory The meetings will be closed to the Program Nos.: 93.279, Drug Abuse and Committee. public in accordance with the Addiction Research Programs, National The meeting will be open to the provisions set forth in sections Institutes of Health, HHS) public, with attendance limited to space 552b(c)(4) and 552b(c)(6), Title 5 USC, Dated: June 9, 2011. available. Registration is required since as amended. The grant applications and Jennifer S. Spaeth, space is limited and will begin at 8 a.m. the discussions could disclose Director, Office of Federal Advisory Please visit the conference Web site for confidential trade secrets or commercial Committee Policy. information on meeting logistics and to property such as patentable materials, [FR Doc. 2011–14868 Filed 6–15–11; 8:45 am] register for the meeting http:// and personal information concerning www.circlesolutions.com/ncs/ncsac/ individuals associated with the grant BILLING CODE 4140–01–P index.cfm. Individuals who plan to applications, the disclosure of which

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DEPARTMENT OF HEALTH AND provisions set forth in sections Health, 6701 Rockledge Drive, Room 3204, HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7808, Bethesda, MD 20892, 301–496– as amended. The grant applications and 6980, [email protected]. National Institutes of Health the discussions could disclose Name of Committee: Center for Scientific confidential trade secrets or commercial Review Special Emphasis Panel; Member National Center for Complementary & Conflict: Immune Mechanism. property such as patentable material, Date: July 22, 2011. Alternative Medicine; Notice of Closed and personal information concerning Meeting Time: 4:30 p.m. to 5:30 p.m. individuals associated with the grant Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications, the disclosure of which applications. Federal Advisory Committee Act, as would constitute a clearly unwarranted Place: The Westin St. Francis, 335 Powell amended (5 U.S.C. App.), notice is invasion of personal privacy. Street, San Francisco, CA 94102. Contact Person: Scott Jakes, PhD, Scientific hereby given of the following meeting. Name of Committee: Center for Scientific Review Officer, Center for Scientific Review, The meeting will be closed to the Review Special Emphasis Panel; National Institutes of Health, 6701 Rockledge public in accordance with the Translational Research in Diabetes, Obesity Drive, Room 4198, MSC 7812, Bethesda, MD provisions set forth in sections and Endocrinology. 20892, 301–495–1506, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 14–15, 2011. Time: 8 a.m. to 12 p.m. (Catalogue of Federal Domestic Assistance as amended. The grant applications and Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; the discussions could disclose applications. 93.333,Clinical Research, 93.306, 93.333, confidential trade secrets or commercial Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, property such as patentable material, Rockledge Drive, Bethesda, MD 20892, 93.846–93.878, 93.892,93.893, National and personal information concerning (Virtual Meeting). Institutes of Health, HHS) individuals associated with the grant Contact Person: Nancy Sheard, SCD, Dated: June 10, 2011. applications, the disclosure of which Scientific Review Officer, Center for Jennifer S. Spaeth, would constitute a clearly unwarranted Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6046–E, Director, Office of Federal Advisory invasion of personal privacy. MSC 7892, Bethesda, MD 20892, 301–408– Committee Policy. Name of Committee: National Center for 9901, [email protected]. [FR Doc. 2011–15012 Filed 6–15–11; 8:45 am] Complementary and Alternative Medicine Name of Committee: Center for Scientific BILLING CODE 4140–01–P Special Emphasis Panel, NIH–HMO Review Special Emphasis Panel; Small Collaboratory Coordinating Center (U54). Business: Non-HIV Diagnostics, Food Safety, Date: July 14, 2011. Sterilization/Disinfection and DEPARTMENT OF HEALTH AND Time: 9 a.m. to 2:30 p.m. Bioremediation. HUMAN SERVICES Agenda: To review and evaluate Date: July 20–21, 2011. cooperative agreement applications. Time: 8:30 a.m. to 5:30 p.m. National Institutes of Health Place: National Institutes of Health, Two Agenda: To review and evaluate grant Democracy Plaza, 6707 Democracy applications. National Institute on Drug Abuse; Boulevard, Bethesda, MD 20892 (Telephone Place: Avenue Crowne Plaza Hotel, 160 Notice of Closed Meeting Conference Call). East Huron, Chicago, IL 60611. Contact Person: Dale L. Birkle, PhD, Contact Person: Gagan Pandya, PhD, Pursuant to section 10(d) of the Scientific Review Administrator, Office of Scientific Review Officer, National Institutes Federal Advisory Committee Act, as Scientific Review, National Center for of Health, Center for Scientific Review, 6701 amended (5 U.S.C. App), notice is Complementary, and Alternative Medicine, Rockledge Dr., RM 3200, Bethesda, MD hereby given of the following meeting. NIH, 6707 Democracy Blvd., Suite 401, 20892, 301–435–1167, The meeting will be closed to the Bethesda, MD 20892, (301) 451–6570, [email protected]. [email protected]. public in accordance with the Name of Committee: Center for Scientific provisions set forth in sections (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Small Program Nos. 93.213, Research and Training Business: Non-HIV Microbial Vaccine 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., in Complementary and Alternative Medicine, Development. as amended. The contract proposals and National Institutes of Health, HHS) Date: July 22, 2011. the discussions could disclose Time: 8 a.m. to 4:30 p.m. confidential trade secrets or commercial Dated: June 13, 2011. Agenda: To review and evaluate grant property such as patentable materials, Jennifer S. Spaeth, applications. and personal information concerning Director, Office of Federal Advisory Place: The Westin St. Francis, 335 Powell individuals associated with the contract Committee Policy. Street, San Francisco, CA 94102. proposals, the disclosure of which [FR Doc. 2011–15013 Filed 6–15–11; 8:45 am] Contact Person: Scott Jakes, PhD, Scientific Review Officer, Center for Scientific Review, would constitute a clearly unwarranted BILLING CODE 4140–01–P National Institutes of Health, 6701 Rockledge invasion of personal privacy. Drive, Room 4198, MSC 7812, Bethesda, MD Name of Committee: National Institute on 20892, 301–495–1506, [email protected]. DEPARTMENT OF HEALTH AND Drug Abuse Special Emphasis Panel, Name of Committee: Center for Scientific HUMAN SERVICES SecuRX: Preventing Prescription Drug Review Special Emphasis Panel; Small Diversion (5560). Business: Non-HIV Anti-Infective National Institutes of Health Date: June 27, 2011. Therapeutics. Time: 3 p.m. to 4:30 p.m. Date: July 22, 2011. Center for Scientific Review; Notice of Agenda: To review and evaluate contract Time: 8 a.m. to 6 p.m. proposals. Closed Meetings Agenda: To review and evaluate grant Place: National Institutes of Health, Pursuant to section 10(d) of the applications. Neuroscience Center, 6001 Executive Place: Avenue Crowne Plaza Hotel and Boulevard, Rockville, MD 20852 (Telephone Federal Advisory Committee Act, as Suites, 160 East Huron Street, Chicago, IL Conference Call). amended (5 U.S.C. App.), notice is 60611. Contact Person: Jose F. Ruiz, PhD, hereby given of the following meetings. Contact Person: Kenneth M Izumi, PhD, Scientific Review Officer, Office of The meetings will be closed to the Scientific Review Officer, Center for Extramural Affairs, National Institute on public in accordance with the Scientific Review, National Institutes of Drug Abuse, NIH, Room 4228, MSC 9550,

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6001 Executive Blvd., Bethesda, MD 20892– Name of Committee: Center for Scientific Dated: June 8, 2011. 9550, (301) 451–3086, [email protected]. Review Special Emphasis Panel, Jennifer S. Spaeth, (Catalogue of Federal Domestic Assistance Fellowships: Physiology and Pathobiology of Director, Office of Federal Advisory Program Nos.: 93.279, Drug Abuse and Musculoskeletal, Oral, and Skin Systems. Committee Policy. Addiction Research Programs, National Date: July 15, 2011. [FR Doc. 2011–14872 Filed 6–15–11; 8:45 am] Institutes of Health, HHS) Time: 8 a.m. to 5 p.m. BILLING CODE 4140–01–P Dated: June 9, 2011. Agenda: To review and evaluate grant Jennifer S. Spaeth, applications. Place: The Ritz-Carlton Washington DC, Director, Office of Federal Advisory 1150 22nd Street, NW., Washington, DC DEPARTMENT OF HOMELAND Committee Policy. 20037. SECURITY [FR Doc. 2011–14870 Filed 6–15–11; 8:45 am] Contact Person: Abdelouahab Aitouche, BILLING CODE 4140–01–P PhD, Scientific Review Officer, Center for Coast Guard Scientific Review, National Institutes of [USCG–2011–0494] Health, 6701 Rockledge Drive, Room 4222, DEPARTMENT OF HEALTH AND MSC 7812, Bethesda, MD 20892, 301–435– Information Collection Request to HUMAN SERVICES 2365, [email protected]. Office of Management and Budget National Institutes of Health Name of Committee: Center for Scientific Review Special Emphasis Panel, AGENCY: Coast Guard, DHS. Center for Scientific Review; Notice of Fellowships: Risk Prevention and Health ACTION: Sixty-day notice requesting Closed Meetings Behavior. comments. Date: July 15, 2011. Pursuant to section 10(d) of the Time: 8 a.m. to 5 p.m. SUMMARY: In compliance with the Federal Advisory Committee Act, as Agenda: To review and evaluate grant Paperwork Reduction Act of 1995, the amended (5 U.S.C. App.), notice is applications. U.S. Coast Guard intends to submit an hereby given of the following meetings. Place: Crowne Plaza Tyson’s Corner, 1960 Information Collection Request (ICR) to The meetings will be closed to the Chain Bridge Road, Mclean, VA 22102. the Office of Management and Budget public in accordance with the Contact Person: Martha M Faraday, PhD, (OMB), Office of Information and provisions set forth in sections Scientific Review Officer, Center for Regulatory Affairs (OIRA), requesting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of approval of revisions to the following as amended. The grant applications and Health, 6701 Rockledge Drive, Room 3110, MSC 7808, Bethesda, MD 20892, 301–435– collection of information: 1625–0009, the discussions could disclose 3575, [email protected]. Oil Record Book for Ships. Our ICR confidential trade secrets or commercial describes the information we seek to Name of Committee: Center for Scientific property such as patentable material, collect from the public. Before and personal information concerning Review Special Emphasis Panel, Small Business: Diabetes, Obesity and Reproductive submitting this ICR to OIRA, the Coast individuals associated with the grant Sciences, Guard is inviting comments as applications, the disclosure of which Date: July 15, 2011, described below. would constitute a clearly unwarranted Time: 8 a.m. to 5 p.m. DATES: Comments must reach the Coast invasion of personal privacy. Agenda: To review and evaluate grant Guard on or before August 15, 2011. Name of Committee: Center for Scientific applications. ADDRESSES: You may submit comments Review Special Emphasis Panel, Program Place: Hyatt Regency Bethesda, One identified by Coast Guard docket Project: Mechanisms of Drug Disposition Bethesda Metro Center, 7400 Wisconsin number [USCG–2011–0494] to the During Pregnancy. Avenue, Bethesda, MD 20814. Docket Management Facility (DMF) at Date: July 13, 2011. Contact Person: Krish Krishnan, PhD, Time: 12 p.m. to 3 p.m. Scientific Review Officer, Center for the U.S. Department of Transportation Agenda: To review and evaluate grant Scientific Review, National Institutes of (DOT). To avoid duplicate submissions, applications. Health, 6701 Rockledge Drive, Room 6164, please use only one of the following Place: National Institutes of Health, 6701 MSC 7892, Bethesda, MD 20892, (301) 435– means: Rockledge Drive, Bethesda, MD 20892. 1041, [email protected]. (1) Online: http:// (Telephone Conference Call). www.regulations.gov. Contact Person: Name of Committee: Center for Scientific Patricia Greenwel, PhD, Scientific Review Review Special Emphasis Panel, (2) Mail: DMF (M–30), DOT, West Officer, Center for Scientific Review, Fellowships: Health and Health Related Building Ground Floor, Room W12–140, National Institutes of Health, 6701 Rockledge Behavior of Individuals and Populations. 1200 New Jersey Avenue, SE., Drive, Room 2178, MSC 7818, Bethesda, MD Date: July 15, 2011. Washington, DC 20590–0001. 20892, 301–435–1169, [email protected]. Time: 8 a.m. to 6 p.m. (3) Hand delivery: Same as mail Name of Committee: Center for Scientific Agenda: To review and evaluate grant address above, between 9 a.m. and 5 Review Special Emphasis Panel, Small applications. p.m., Monday through Friday, except Business: Cancer Diagnostics and Treatments Place: Hotel Monaco Alexandria, 480 King Federal holidays. The telephone number (CDT). Street, Alexandria, VA 22314. is 202–366–9329. Date: July 14–15, 2011. Contact Person: Karin F Helmers, PhD, (4) Fax: 202–493–2251. To ensure Time: 10 a.m. to 6 p.m. Scientific Review Officer, Center for your comments are received in a timely Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3166, manner, mark the fax, to attention Desk Place: National Institutes of Health, 6701 MSC 7770, Bethesda, MD 20892, 301–254– Officer for the Coast Guard. Rockledge Drive, Bethesda, MD 20892, 9975, [email protected]. The DMF maintains the public docket (Virtual Meeting). (Catalogue of Federal Domestic Assistance for this Notice. Comments and material Contact Person: Zhang-Zhi Hu, MD, received from the public, as well as Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, documents mentioned in this Notice as Health, 6701 Rockledge Drive, Room 6186, 93.337, 93.393–93.396, 93.837–93.844, being available in the docket, will MSC 7804, Bethesda, MD 20892, (301) 594– 93.846–93.878, 93.892, 93.893, National become part of the docket and will be 2414, [email protected]. Institutes of Health, HHS) available for inspection or copying at

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room W12–140 on the West Building request, [USCG–2011–0494], and must Privacy Act Ground Floor, 1200 New Jersey Avenue, be received by August 15, 2011. We will Anyone can search the electronic SE., Washington, DC, between 9 a.m. post all comments received, without form of comments received in dockets and 5 p.m., Monday through Friday, change, to http://www.regulations.gov. by the name of the individual except Federal holidays. You may also They will include any personal submitting the comment (or signing the find the docket on the Internet at information you provide. We have an comment, if submitted on behalf of an http://www.regulations.gov. agreement with DOT to use their DMF. association, business, labor union, etc.). A copy of the ICR is available through Please see the ‘‘Privacy Act’’ paragraph You may review a Privacy Act statement the docket on the Internet at http:// below. regarding Coast Guard public dockets in www.regulations.gov. Additionally, Submitting Comments the January 17, 2008, issue of the copies are available from: Commandant Federal Register (73 FR 3316). (CG–611), ATTN: Paperwork Reduction If you submit a comment, please Act Manager, US Coast Guard, 2100 2nd include the docket number [USCG– Information Collection Request Street, SW., Stop 7101, Washington, DC 2011–0494], indicate the specific Title: Oil Record Book for Ships. 20593–7101. section of the document to which each OMB Control Number: 1625–0009. FOR FURTHER INFORMATION CONTACT: Ms. comment applies, providing a reason for Summary: The Act to Prevent Kenlinishia Tyler, Office of Information each comment. If you submit a comment Pollution from Ships (APPS) and the Management, telephone 202–475–3652, online via http://www.regulations.gov, it International Convention for Prevention or fax 202–475–3929, for questions on will be considered received by the Coast of Pollution from Ships, 1973, as these documents. Contact Ms. Renee V. Guard when you successfully transmit modified by the 1978 Protocol relating Wright, Program Manager, Docket the comment. If you fax, hand deliver, thereto (MARPOL 73/78), requires that Operations, 202–366–9826, for or mail your comment, it will be information about oil cargo or fuel questions on the docket. considered as having been received by operations be entered into an Oil Record SUPPLEMENTARY INFORMATION: the Coast Guard when it is received at Book (CG–4602A). The requirement is the DMF. We recommend you include contained in 33 CFR 151.25. Public Participation and Request for your name, mailing address, an e-mail Need: This information is used to Comments address, or other contact information in verify sightings of actual violations of This Notice relies on the authority of the body of your document so that we the APPS to determine the level of the Paperwork Reduction Act of 1995; can contact you if we have questions compliance with MARPOL 73/78 and as 44 U.S.C. Chapter 35, as amended. An regarding your submission. a means of reinforcing the discharge ICR is an application to OIRA seeking You may submit your comments and provisions. the approval, extension, or renewal of a material by electronic means, mail, fax, Forms: CG–4602A. Coast Guard collection of information or hand delivery to the DMF at the Respondents: Operators of vessels. (Collection). The ICR contains address under ADDRESSES; but please Frequency: On occasion. information describing the Collection’s submit them by only one means. To Burden Estimate: The estimated purpose, the Collection’s likely burden submit your comment online, go to burden has increased from 19,425 hours on the affected public, an explanation of http://www.regulations.gov, and type to 20,221 hours a year. the necessity of the Collection, and ‘‘USCG–2011–0494’’ in the ‘‘Keyword’’ Dated: June 9, 2011. other important information describing box. If you submit your comments by C.A. Mathieu, the Collection. There is one ICR for each mail or hand delivery, submit them in Captain, U.S. Coast Guard, Acting Assistant Collection. an unbound format, no larger than 81⁄2 Commandant for Command, Control, The Coast Guard invites comments on by 11 inches, suitable for copying and Communications, Computers and whether this ICR should be granted electronic filing. If you submit Information Technology. based on the Collection being necessary comments by mail and would like to [FR Doc. 2011–14924 Filed 6–15–11; 8:45 am] for the proper performance of know that they reached the Facility, BILLING CODE 9110–04–P Departmental functions. In particular, please enclose a stamped, self-addressed the Coast Guard would appreciate postcard or envelope. We will consider comments addressing: (1) The practical all comments and material received DEPARTMENT OF HOMELAND utility of the Collection; (2) the accuracy during the comment period and will SECURITY of the estimated burden of the address them accordingly. Collection; (3) ways to enhance the Transportation Security Administration Viewing Comments and Documents quality, utility, and clarity of Intent to Request Renewal and information subject to the Collection; To view comments, as well as Amendment From OMB of One Current and (4) ways to minimize the burden of documents mentioned in this Notice as Public Collection of Information: the Collection on respondents, being available in the docket, go to Critical Facility Information of the Top including the use of automated http://www.regulations.gov, click on the 100 Most Critical Pipelines collection techniques or other forms of ‘‘read comments’’ box, which will then information technology. In response to become highlighted in blue. In the AGENCY: Transportation Security your comments, we may revise this ICR ‘‘Keyword’’ box insert ‘‘USCG–2011– Administration, DHS. or decide not to seek approval of 0494’’ and click ‘‘Search.’’ Click the ACTION: 60-day Notice. revisions of the Collection. We will ‘‘Open Docket Folder’’ in the ‘‘Actions’’ consider all comments and material column. You may also visit the DMF in SUMMARY: The Transportation Security received during the comment period. Room W12–140 on the ground floor of Administration (TSA) invites public We encourage you to respond to this the DOT West Building, 1200 New comment on one currently approved request by submitting comments and Jersey Avenue, SE., Washington, DC Information Collection Request (ICR), related materials. Comments must 20590, between 9 a.m. and 5 p.m., Office of Management and Budget contain the OMB Control Number of the Monday through Friday, except Federal (OMB) control number 1652–0050, ICR and the docket number of this holidays. abstracted below that we will submit to

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OMB for renewal and amendment in September 5, 2002, ‘‘Pipeline Security be conducted between approximately 12 compliance with the Paperwork Information Circular’’ and June 2002 and 24 months after the facility visit. Reduction Act (PRA). The ICR describes ‘‘Pipeline Security Contingency TSA will use the information the nature of the information collection Planning Guidance.’’ With OMB collected to determine to what extent and its expected burden. The 9/11 Act approval (OMB Control Number 1652– the pipeline industry is implementing required TSA to develop and implement 0050), TSA reached out to the operators the 2011 guidance document and a plan to inspect critical pipeline of the top 125 critical pipeline systems security improvement recommendations systems. and requested they submit a listing of made during critical facility visits. The their critical facilities to TSA. This information provided by owners or DATES: Send your comments by August 15, 2011. critical facility information was operators for each information submitted to TSA between November collection is Sensitive Security ADDRESSES: Comments may be e-mailed 2008 and August 2009. In April 2011, Information (SSI), and it will be to [email protected] or delivered to the TSA updated the ‘‘Pipeline Security protected in accordance with TSA PRA Officer, Office of Information Guidelines’’ in consultation with procedures meeting the transmission, Technology (OIT), TSA–11, stakeholders and DOT. TSA is now handling and storage requirements of Transportation Security Administration, seeking to renew its OMB approval to SSI set forth in 49 CFR parts 15 and 601 South 12th Street, Arlington, VA request critical facility information from 1520. 20598–6011. the top 125 pipeline operators. TSA The burden related to the renewal of FOR FURTHER INFORMATION CONTACT: anticipates that each operator will the collection for updated critical Joanna Johnson at the above address, or report, on average, a total of 5 critical facility information from the top 125 by telephone (571) 227–3651. facilities on their system, for a total of pipeline system operators will require 4 SUPPLEMENTARY INFORMATION: approximately 600 critical facilities hours per operator (125 × 4), for a across the top 125 operators. Comments Invited burden of 500 hours in the first year Once updated critical facility only. In accordance with the Paperwork information is obtained, TSA intends to The annual burden for the approval of Reduction Act of 1995 (44 U.S.C. 3501 visit critical pipeline facilities and the information collection related to the et seq.), an agency may not conduct or collect site-specific information from Critical Facility Review Form is sponsor, and a person is not required to pipeline operators on facility security estimated to be 480 hours. A maximum respond to, a collection of information policies, procedures, and physical of 120 facility reviews will be unless it displays a valid OMB control security measures. Information obtained conducted each year with each review number. The ICR documentation is on the visits will be collected on a taking approximately 4 hours (120 × 4). available at http://www.reginfo.gov. Critical Facility Security Review (CFSR) The annual burden for the approval of Therefore, in preparation for OMB Form. The CFSR will differ from TSA’s the information collection related to the review and approval of the following Corporate Security Review (CSR) in that follow up on the recommendations information collection, TSA is soliciting a CSR looks at corporate or company- made to facility operators is estimated to comments to— wide security management plans and be 600 hours. It will take approximately (1) Evaluate whether the proposed practices while the CFSR will look at 5 hours for each operator to submit a information requirement is necessary for individual pipeline facility security response to TSA regarding its the proper performance of the functions measures and procedures. TSA is implementation of security of the agency, including whether the seeking OMB approval to utilize the recommendations made during critical information will have practical utility; CFSR document during critical facility facility visits. If a maximum of 120 (2) Evaluate the accuracy of the reviews in order to collect facility critical facilities are reviewed each year, agency’s estimate of the burden; security information. Information and TSA follows up with each facility (3) Enhance the quality, utility, and collected from the reviews would be operator between approximately 12 and clarity of the information to be analyzed and used to determine 24 months following the visit, the total collected; and strengths and weaknesses at the nation’s annual burden is 600 (120 × 5) hours. (4) Minimize the burden of the critical pipeline facilities, areas to target An additional burden of 1,750 hours is collection of information on those who for risk reduction strategies, pipeline estimated in the first year only for are to respond, including using industry implementation of the information collection on the follow up appropriate automated, electronic, voluntary guidelines, and the need for of the recommendations made during mechanical, or other technological regulations in accordance with Section the 350 facility visits conducted in collection techniques or other forms of 1557(d) of the Implementing the accordance with the requirement in the information technology. Recommendations of the 9/11 9/11 Act (350 × 5 = 1,750). The Commission Act of 2007. TSA Information Collection Requirement estimated number of respondents will anticipates visiting 120 critical facilities be 125 for the renewal of the critical OMB Control Number 1652–0050; each year. facility data and 600 for the critical Critical Facility Information of the Top TSA is also seeking OMB approval to facility review form and 100 Most Critical Pipelines: Section follow up with pipeline operators on recommendations. The total estimated 1557(b) of the Implementing the their implementation of security burdens are 2,730 hours in the first year Recommendations of the 9/11 improvements and recommendations and 1,080 hours annually in subsequent Commission Act of 2007, specifically made during facility visits. During years. tasked TSA to develop and implement critical facility visits, TSA documents a plan for inspecting critical facilities of and provides recommendations to Issued in Arlington, Virginia, on June 13, the 100 most critical pipeline systems. improve the security posture of the 2011. See Public Law 110–53, 121 Stat. 266, facility. TSA intends to follow up with Joanna Johnson, 475 (Aug. 3, 2007). Operators pipeline operators via email on their TSA Paperwork Reduction Act Officer, Office determined their critical facilities based status toward implementation of the of Information Technology. on guidance and criteria set forth in the recommendations made during the [FR Doc. 2011–14996 Filed 6–15–11; 8:45 am] Department of Transportation’s (DOT) critical facility visits. The follow up will BILLING CODE 9110–05–P

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DEPARTMENT OF HOUSING AND the functions of the agency, including DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT whether the information will have URBAN DEVELOPMENT practical utility; (2) evaluate the [Docket No. FR–5481–N–09] [Docket No. FR–5480–N–51] accuracy of the agency’s estimate of the Notice of Proposed Information burden of the proposed collection of Notice of Submission of Proposed Collection for Public Comment; information; (3) enhance the quality, Information Collection to OMB Section McKinney-Vento Technical Assistance utility, and clarity of the information to 3 Business Self-Certification Narrative, Matrices, and Reporting be collected; and (4) minimize the Application Requirements burden of the collection of information on those who are to respond, including AGENCY: Office of the Chief Information AGENCY: Office of the Assistant through the use of appropriate Officer, HUD. Secretary for Community Planning and automated collection techniques or ACTION: Notice. Development, U.S. Department of other forms of information technology, Housing and Urban Development e.g., permitting electronic submission of SUMMARY: The proposed information (HUD). responses. This Notice also lists the collection requirement described below ACTION: Notice of proposed information following information: has been submitted to the Office of collection. Title of Proposal: McKinney-Vento Management and Budget (OMB) for Technical Assistance Narrative, review, as required by the Paperwork SUMMARY: The proposed information Matrices, and Reporting Requirements. Reduction Act. The Department is collection requirement described below Description of the need for the soliciting public comments on the will be submitted to the Office of information proposed: McKinney-Vento subject proposal. Management and Budget (OMB) for Technical Assistance (MV–TA) The information collected from the review, as required by the Paperwork Narrative, Matrices, and Reporting Section 3 Business Self-Certification Reduction Act. The Department is Requirements will allow the Office of Application will allow HUD and soliciting public comments on the Special Needs Assistance Programs recipients of covered HUD funding to subject proposal. (SNAPS) to accurately assess the identify Section 3 Businesses within DATES: Comments Due Date: August 15, experience, expertise, and overall their communities. The overriding 2011. capacity of applicants applying for purpose of this information collection is ADDRESSES: Interested persons are technical assistance funding under the to ensure that contracting opportunities invited to submit comments regarding FY2011 McKinney-Vento Technical are provided to Section 3 businesses in this proposal. Comments should refer to Assistance Notice of Funding fulfillment of the regulatory the proposal by name/or OMB Control Availability (NOFA). They will also requirements set forth at 24 CFR part number and should be sent to: Colette allow SNAPS to monitor and evaluate 135, and to increase the capacity of Pollard, Departmental Reports TA progress over the course of the grant covered agencies to comply with the Management Officer, QDAM, U.S. and make necessary interventions. The requirements of Section 3. HUD will use Department of Housing and Urban new format for this type of collection the information to identify firms that Development, 451 7th Street, SW., also makes it easier for applicants to self-certify that they meet the regulatory Room 4160, Washington, DC 20410– apply and report by reducing the time definition of a Section 3 Business. The 5000; telephone (202) 402–3400, (this is required for filling out an application information collected from the Section 3 not a toll-free number) or e-mail Ms. and reporting forms, while retaining the Business Self-Certification Application Pollard at [email protected] for a utility of previous collection methods. will be posted in a registry of Section 3 Businesses which will be posted on copy of proposed forms, or other Agency Form Numbers available information. Persons with HUD’s webpage. Agencies that receive hearing or speech impairments may Members of the affected public: covered HUD funding in the five pilot access this number through TTY by Private for-profit, not-for-profit, and locations will be encouraged to notify calling the toll-free Federal Information public entities applying for funding as the Section 3 Businesses contained in Relay Service at (800) 877–8339. technical assistance providers under the HUD’s registry about the availability of covered contracting opportunities. FOR FURTHER INFORMATION CONTACT: Ann FY2011 MV–TA NOFA. Estimation of the total number of Marie Oliva, Director, Office of Special DATES: Comments Due Date: July 18, hours needed to prepare the information Needs Assistance Programs, Office of 2011. collection including number of Community Planning and Development, ADDRESSES: Interested persons are respondents, frequency of response, and U.S. Department of Housing and Urban invited to submit comments regarding hours of response: 10 applicants × 4,080 Development, 451 7th Street, SW., this proposal. minutes per response + 5 grant Room 7262, Washington, DC 20410; Comments should refer to the recipients × 3,600 minutes per reporting telephone (202) 708–1590 (this is not a proposal by name and/or OMB approval year = 58,800 total minutes per year or toll-free number). Number (2529–Pending) and should be 980 hours per year. SUPPLEMENTARY INFORMATION: The Status of proposed information sent to: HUD Desk Officer, Office of Department will submit the proposed collection: New Collection Management and Budget, New information collection to OMB for Executive Office Building, Washington, review, as required by the Paperwork Authority: Section 3506 of the Paperwork DC 20503; e-mail: OIRA- Reduction act of 1995, 44 U.S.C. chapter 35, [email protected], fax: 202– Reduction Act of 1995 (44 U.S.C. as amended. chapter 35, as amended). This Notice is 395–5806. soliciting comments from members of Dated: June 8, 2011. FOR FURTHER INFORMATION CONTACT: the public and affected agencies Clifford D. Taffet, Colette Pollard, Reports Management concerning the proposed collection of General Deputy Assistant Secretary for Officer, QDAM, Department of Housing information to: (1) Evaluate whether the Community Planning and Development. and Urban Development, 451 Seventh proposed collection of information is [FR Doc. 2011–14905 Filed 6–15–11; 8:45 am] Street, SW., Washington, DC 20410; e- necessary for the proper performance of BILLING CODE 4210–67–P mail: Colette Pollard at

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[email protected]; or telephone: Frequency of Submission: On SUPPLEMENTARY INFORMATION: The (202) 402–3400. This is not a toll-free occasion. Department will submit the proposed number. Copies of available documents Estimation of the Total Numbers of information collection to OMB for submitted to OMB may be obtained Hours Needed To Prepare the review, as required by the Paperwork from Ms. Pollard. Information Collection Including Reduction Act of 1995 (44 U.S.C. SUPPLEMENTARY INFORMATION: This Number of Respondents, Frequency of chapter 35, as amended). This Notice is notice informs the public that the Responses, and Hours of Responses: soliciting comments from members of Department of Housing and Urban The Department estimates that the public and affected agencies Development has submitted to OMB a approximately 20,000 businesses in the concerning the proposed collection of request for approval of the Information five pilot locations may complete the information to: (1) Evaluate whether the collection described below. This notice Section 3 Self-Certification Application proposed collection of information is is soliciting comments from members of during the six-month pilot program. necessary for the proper performance of the public and affecting agencies It is estimated that each application the functions of the agency, including concerning the proposed collection of will take approximately 30 minutes to whether the information will have information to: (1) Evaluate whether the complete for a total of 10,000 hours. practical utility; (2) Evaluate the proposed collection of information is Total Estimated Burden Hours: accuracy of the agency’s estimate of the necessary for the proper performance of 10,000. burden of the proposed collection of the functions of the agency, including Status: New collection. information; (3) Enhance the quality, whether the information will have Authority: Section 3507 of the Paperwork utility, and clarity of the information to practical utility; (2) Evaluate the Reduction Act of 1995, 44 U.S.C. 35, as be collected; and (4) Minimize the accuracy of the agency’s estimate of the amended. burden of the collection of information burden of the proposed collection of Dated: June 09, 2011. on those who are to respond, including through the use of appropriate information; (3) Enhance the quality, Colette Pollard, utility, and clarity of the information to automated collection techniques or Departmental Reports Management Officer, other forms of information technology be collected; and (4) Minimize the Office of the Chief Information Officer. burden of the collection of information (e.g., permitting electronic submission [FR Doc. 2011–14909 Filed 6–15–11; 8:45 am] on those who are to respond, including of responses). BILLING CODE 4210–67–P through the use of appropriate This Notice also lists the following automated collection techniques or information: other forms of information technology, DEPARTMENT OF HOUSING AND Title of Proposal: Housing Choice e.g., permitting electronic submission of URBAN DEVELOPMENT Voucher Program Administrative Fee responses. Study Pretest. This notice also lists the following [Docket No. FR–5486–N–14] Description of the Need for the information: Information and Proposed Use: This Title of Proposal: Section 3 Business Notice of Proposed Information request is for the clearance of on-site Self-Certification Application. Collection for Public Comment; data collection from public housing OMB Approval Number: 2529– Housing Choice Voucher Program agencies (PHAs) to test the methodology Pending. Administrative Fee Study Pretest for the Housing Choice Voucher (HCV) Form Numbers: None. Program Administrative Fee study. The AGENCY: Office of the Policy Description of the Need for the purpose of the study is to collect Development and Research, HUD. Information and Its Proposed Use: The accurate information on the costs of information collected from the Section 3 ACTION: Notice. administering the HCV program across a Business Self-Certification Application SUMMARY: The proposed information representative sample of high will allow HUD and recipients of collection requirement described below performing and efficient PHAs and to covered HUD funding to identify will be submitted to the Office of use this information to develop a new Section 3 Businesses within their Management and Budget (OMB) for administrative fee allocation formula for communities. The overriding purpose of review, as required by the Paperwork the HCV program. The study is this information collection is to ensure Reduction Act. The Department is proceding in multiple phases. This that contracting opportunities are soliciting public comments on the request is for data collection to test the provided to Section 3 businesses in subject proposal. methodology for estimating program fulfillment of the regulatory costs in the study. We propose to use requirements set forth at 24 CFR part DATES: Comments Due Date: August 15, two main methods for collecting cost 135, and to increase the capacity of 2011. data: (1) Measuring the time that front covered agencies to comply with the ADDRESSES: Interested persons are line staff spend working on the program requirements of Section 3. HUD will use invited to submit comments regarding and translating that time into costs the information to identify firms that this proposal. Comments should refer to using the salaries and benefits of the self-certify that they meet the regulatory the proposal by name and/or OMB staff doing the work and adjusting for definition of a Section 3 Business. The Control number and should be sent to: market factors; and (2) collecting information collected from the Section 3 Reports Liaison Officer, Office of Policy information via interviews and Business Self-Certification Application Development & Research, Department of document review on the overhead costs will be posted in a registry of Section 3 Housing and Urban Development, 451 and other costs related to HCV program Businesses which will be posted on 7th Street, SW., Room 8226, administration that cannot be captured HUD’s webpage. Agencies that receive Washington, DC 20410–5000. by measuring staff time spent on the covered HUD funding in the five pilot FOR FURTHER INFORMATION CONTACT: program. We will test these data locations will be encouraged to notify Marina L. Myhre, (202) 402–5705 for collection approaches at between 5 and the Section 3 Businesses contained in copies of the proposed forms and other 10 PHAs across the country. The results HUD’s registry about the availability of available documents. (This is not a toll- of the pretest will be used to refine the covered contracting opportunities. free number.) methodology used for the full study of

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administrative fees with a larger sample DEPARTMENT OF HOUSING AND The notice providing information of PHAs. URBAN DEVELOPMENT regarding the application process, OMB Approval Number: Pending. funding criteria and eligibility [Docket No. FR–5500–N–13] requirements, application and Agency Form Numbers: None. instructions can be found using the Members of Affected Public: Up to Notice of Funding Availability (NOFA) Department of Housing and Urban 250 PHA staff persons across up to 10 for HUD’s Fiscal Year 2011; Housing Development agency link on the PHAs. Opportunities for Persons With AIDA Grants.gov/Find Web site at http:// (HOPWA) Estimation of the Total Number of www.grants.gov/search/agency.do. A Hours Needed To Prepare the AGENCY: Office of the Chief of the link to the funding opportunity is also Information Collection Including Human Capital Officer, HUD. available on the HUD Web site at http://portal.hud.gov/hudportal/ Number of Respondents, Frequency of ACTION: Notice. HUD?src=/program_offices/ Response, and Hours of Response: We administration/grants/fundsavail. plan to conduct the pretest at 5 to 10 SUMMARY: HUD announces the availability on its Web site of the The link from the funds available PHAs across the country. The pretest page will take you to the agency link on will involve a combination of on-site applicant information, submission deadlines, funding criteria, and other Grants.gov. The Catalogue of Federal and telephone data collection from PHA Domestic Assistance (CFDA) number for staff through interviews, observation, requirements for HUD’s FY2011 Housing for Persons with AIDS this program is 14.241. Applications and self-reporting of time spent working (HOPWA) Program NOFA. Specifically, must be submitted electronically on the HCV program via timesheets and this NOFA announces the availability of through Grants.gov. other methods. There are five data approximately $9.1 million made FOR FURTHER INFORMATION CONTACT: collection activities that involve PHA available under the Department of Questions regarding specific program staff. First, at each pretest site, PHA staff Defense and Full-Year Continuing requirements should be directed to the will spend up to 32 hours assembling Appropriations Act, 2011, Public Law agency contact identified in the program data for the study and being interviewed NOFA. Program staff will not be × 112–10, approved April 15, 2011 for the by the study team (32 hours 10 sites Housing for Persons with AIDS available to provide guidance on how to = 320 hours). Second, at each site up to (HOPWA) Program. prepare the application. Questions 15 staff will be observed in their work The purpose of the HOPWA program regarding the 2011 General Section for up to four weeks (28 working days). is to advance HUD’s implementation of should be directed to the Office of These staff will engage with the the National HIV/AIDS Strategy Grants Management and Oversight at researchers for approximately 15 (NHAS). HOPWA NOFA also addresses (202) 708–0667 or the NOFA minutes per day, for a total of 7 hours the Department’s Fiscal Year 2010–2015 Information Center at 800–HUD–8929 per staff over four weeks (7 hours × 15 Strategic Plan and the Opening Doors (toll free). staff × 10 sites = 1,050 hours). Third, at Federal Strategic Plan To Prevent and Persons with hearing or speech each site up to 15 staff will complete End Homelessness. These actions impairments may access these numbers timesheets or respond to messages via a address goals to: Prevent and end via TTY by calling the Federal SmartPhone for a period of homelessness; increase the supply of Information Relay Service at 800–877– approximately two months (45 working affordable housing; and increase the 8339. days). These activities will take coordination of mainstream housing Dated: June 9, 2011. approximately 15 minutes per day, for resources and other health and human Barbara S. Dorf, a total of 11.25 hours per staff over the services. × Director, Office of Departmental Grants two-month period (11.25 hours 15 The HOPWA NOFA announces funds Management and Oversight, Office of the staff × 10 sites = 1,688 hours). Fourth, available for projects that address both: Chief of the Human Capital Officer. all staff involved in time measurement (1) Direct housing assistance and service [FR Doc. 2011–14910 Filed 6–15–11; 8:45 am] delivery to low income persons and activities will participate in up to 2 BILLING CODE 4210–67–P hours of training or preparation families living with HIV/AIDS, activities (2 hours × 30 staff × 10 sites including homeless individuals and = 600 hours). Fifth, an average of 10 families; and (2) comprehensive DEPARTMENT OF HOUSING AND PHA staff per site will spend planning and coordination of local URBAN DEVELOPMENT approximately 60 minutes debriefing resources in meeting housing and [Docket No. FR–5500–N–23] with the research team about their service needs of the population. As a result of project efforts, communities experiences with the pretest (1 hour × Notice of Web Availability; Notice of will be assisted in the development and 10 staff × 10 sites = 100 hours). The total Funding Availability (NOFA) for HUD’s use of an Integrated HIV/AIDS Housing estimated burden across all proposed Fiscal Year (FY) 2011 Doctoral Plan (IHHP) to be issued at the end of data collection activities is 3,758 hours. Dissertation Research Grant Program the third year of operation. The IHHP is Status of the Proposed Information an administrative function and should AGENCY: Office of the Chief of the Collection: Pending OMB approval. demonstrate local system changes in the Human Capital Officer, HUD. Authority: U.S. Code 12, 1701z–1, delivery of housing and services. ACTION: Notice. Research and demonstrations. Grantees are expected to provide housing assistance to eligible persons in SUMMARY: HUD announces the Dated: June 9, 2011. their communities while concurrently availability on its Web site and Raphael W. Bostic, examining and comprehensively Grants.gov of the applicant information, Assistant Secretary for Policy Development integrating local services for submission deadlines, funding criteria, and Research. coordinating and streamlining where and other requirements for HUD’s [FR Doc. 2011–14906 Filed 6–15–11; 8:45 am] possible the delivery of those services in FY2011 Doctoral Dissertation Research BILLING CODE 4210–67–P your community. Grant Program NOFA. Specifically, this

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NOFA announces the availability of DEPARTMENT OF HOUSING AND neighborhood and positive outcomes for approximately $400,000 made available URBAN DEVELOPMENT families. under the Department of Defense and The notice providing information Full-Year Continuing Appropriations [Docket No. FR–5500–N–17] regarding the application process, Act, 2011, Public Law 112–10, enacted funding criteria and eligibility Notice of Web Availability: Notice of April 15, 2011. requirements, application and Funding Availability (NOFA) for HUD’s instructions can be found using the The purpose of the Doctoral Fiscal Year (FY) 2011 Choice Department of Housing and Urban Dissertation Research Grant Program is Neighborhoods Initiative—Planning Development agency link on the to enable doctoral candidates enrolled at Grants Grants.gov/Find Web site at http:// institutions of higher education AGENCY: www.grants.gov/search/agency.do. A accredited by a national or regional Office of the Chief of the Human Capital Officer, HUD. link to the funding opportunity is also accrediting agency recognized by the available on the HUD Web site at ACTION: Notice. U.S. Department of Education to http://portal.hud.gov/hudportal/ _ complete and improve the quality of SUMMARY: HUD announces the HUD?src=/program offices/ their dissertations on policy-relevant availability on its Web site and administration/grants/fundsavail. housing and urban development issues. Grants.gov applicant information, The link from the funds available The notice providing information submission deadlines, funding criteria, page will take you to the agency link on regarding the application process, and other requirements for HUD’s Grants.gov. funding criteria and eligibility FY2011 Choice Neighborhoods The Catalogue of Federal Domestic requirements, application and Initiative Program—Planning Grants Assistance (CFDA) number for this program is 14.889. Applications must be instructions can be found using the NOFA. Specifically, this NOFA submitted electronically through Department of Housing and Urban announces the availability of Grants.gov. Development agency link on the approximately $3.6 million made Grants.gov/Find Web site at http:// available under the Department of FOR FURTHER INFORMATION CONTACT: www.grants.gov/search/agency.do. A Defense and Full-Year Continuing Questions regarding specific program link to the funding opportunity is also Appropriations Act, 2011, Public Law requirements should be directed to the available on the HUD Web site at http:// 112–10, enacted April 15, 2011. agency contact identified in the program portal.hud.gov/hudportal/HUD?src=/ The purpose of the Choice NOFA. Program staff will not be Neighborhoods Initiative-Planning program_offices/administration/grants/ available to provide guidance on how to Grant Program is to support the prepare the application. Questions fundsavail. The link from the funds development of comprehensive regarding the 2011 General Section available page will take you to the neighborhood revitalization plans should be directed to the Office of agency link on Grants.gov. The which, when implemented, may be Grants Management and Oversight at Catalogue of Federal Domestic expected to achieve the following three (202) 708–0667 or the NOFA Assistance (CFDA) number for this core goals: Information Center at 800–HUD–8929 program is 14.516. Applications must be 1. Housing: Transform distressed (toll free). submitted electronically through public and assisted housing into energy Persons with hearing or speech Grants.gov. efficient, mixed-income housing that is impairments may access these numbers physically and financially viable over via TTY by calling the Federal FOR FURTHER INFORMATION CONTACT: the long-term; Information Relay Service at 800–877– Questions regarding specific program 2. People: Support positive outcomes 8339. requirements should be directed to the for families who live in the target agency contact identified in the program Dated: June 9, 2011. development(s) and the surrounding Barbara S. Dorf, NOFA. Program staff will not be neighborhood, particularly outcomes Director, Office of Departmental Grants available to provide guidance on how to related to residents’ health, safety, prepare the application. Questions Management and Oversight, Office of the employment, mobility, and education; Chief of the Human Capital Officer. regarding the 2011 General Section and [FR Doc. 2011–14911 Filed 6–15–11; 8:45 am] should be directed to the Office of 3. Neighborhood: Transform Grants Management and Oversight at distressed, high-poverty neighborhoods BILLING CODE 4210–67–P (202) 708–0667 or the NOFA into viable, mixed-income Information Center at 800–HUD–8929 neighborhoods with access to well- DEPARTMENT OF HOUSING AND (toll free). Persons with hearing or functioning services, high quality public URBAN DEVELOPMENT speech impairments may access these schools and education programs, high numbers via TTY by calling the Federal quality early learning programs and [Docket No.FR–5415–FA–22] services, public assets, public Information Relay Service at 800–877– Announcement of Funding Awards for transportation, and improved access to 8339. Fiscal Year 2010; Transformation jobs. Dated: June 9, 2011. Initiative: Natural Experiments Grant To achieve these core goals, Program Barbara S. Dorf, communities must develop and Director, Office of Departmental Grants implement a comprehensive AGENCY: Office of the Assistant Management and Oversight, Office of the neighborhood revitalization strategy, or Secretary for Policy Development and Chief of the Human Capital Officer. Transformation Plan. This Research, HUD. [FR Doc. 2011–14912 Filed 6–15–11; 8:45 am] Transformation Plan will become the ACTION: Announcement of funding BILLING CODE 4210–67–P guiding document for the revitalization awards. of the public and/or assisted housing units, while simultaneously directing SUMMARY: In accordance with Section the transformation of the surrounding 102(a)(4)(C) of the Department of

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Housing and Urban Development (HUD) Dated: June 9, 2011. Room 6034, Albuquerque, NM. Please Reform Act of 1989, this document Raphael W. Bostic, refer to the respective permit number for notifies the public of funding awards for Assistant Secretary for Policy Development each application when submitting the Fiscal Year (FY) 2010 and Research. comments. Transformation Initiative: Natural Appendix A FOR FURTHER INFORMATION CONTACT: Experiments Grant Program Notice of Susan Jacobsen, Chief, Endangered Funding Availability (NOFA), which List of Awardees for Grant Assistance Under Species Division, P.O. Box 1306, was posted to Grants.gov on January 20, the Fiscal Year (FY) 2010 Transformation Initiative Research Program Funding Albuquerque, NM 87103; (505) 248– 2011. This announcement contains the Competition: Natural Experiment, by 6920. names and addresses of the award Institution, Address, Grant Amount and winners and the amount of the awards Name of Contact SUPPLEMENTARY INFORMATION: to be issued. 1. Case Western Reserve University, Mr. Public Availability of Comments FOR FURTHER INFORMATION CONTACT: Derek M. Humphrey, Assistant Director, 10900 Euclid Avenue, Cleveland, Ohio Before including your address, phone Michael Morse, Office Policy 44106–7015. Grant: $250,000.00. number, e-mail address, or other Development and Research, Division of 2. City of New York Department of Housing personal identifying information in your Program Monitoring and Research, U.S. Preservation and Development, Ms. comment, you should be aware that Department of Housing and Urban Elyzabeth Gaumer, Director, Housing Policy your entire comment—including your Development, Room 8130, 451 7th Research and Program Evaluation, 100 Gold Street, New York, New York 10038–1605. personal identifying information—may Street, SW., Washington DC 20410, be made publicly available at any time. telephone number 202–402–5738. Grant: $250,000.00. 3. New York City Department of Homeless While you can ask us in your comment Persons with hearing or speech Services, Ms. Joanna Weissman, Executive to withhold your personal identifying impairments may access this number by Director of Planning and Research, 33 Beaver information from public review, we call the toll free Federal Relay Services Street, 20th floor, New York, New York, cannot guarantee that we will be able to at 1–800–877–8339. 10004–2737. Grant: $100,000.00. do so. SUPPLEMENTARY INFORMATION: The [FR Doc. 2011–14913 Filed 6–15–11; 8:45 am] Permit TE–046517 purpose of the FY 2010 Transformation BILLING CODE 4210–67–P Initiative: Natural Experiments Grant Applicant: United States Geological Program NOFA is to provide funding to Survey, New Mexico Cooperative support scientific research that makes DEPARTMENT OF THE INTERIOR Unit, Las Cruces, New Mexico. use of natural experiments to evaluate Fish and Wildlife Service Applicant requests a new permit to the impacts of local, state, and federal hold and rear captive Rio Grande silvery policies. The FY 2010 NOFA made [FWS–R2–ES–2011–N115; 20124–1113– minnows (Hybognathus amarus) and available approximately $600,000 under 0000–F5] bonytail chub (Gila elegans) at the the Department of Housing and Urban rearing facility at New Mexico State Endangered and Threatened Species Development Appropriations Act, 2010 Universtiy. Permit Applications (Pub. L. 111–117, approved December Permit TE–42737A 16, 2009). The maximum grant AGENCY: Fish and Wildlife Service, performance period under the NOFA is Interior. Applicant: Sevenecoten, LLC, Dripping 24 months; applicants could request ACTION: Notice of receipt of applications; Springs, Texas. $100,000 to $250,000 per award, request for public comment. Applicant requests a new permit for depending of the scope of the proposed research and recovery purposes to research. Awards under this NOFA will SUMMARY: The following applicants have applied for scientific research permits to conduct presence/absence surveys for be made in the form of a Cooperative golden-cheeked warbler (Dendroica Agreement. A Cooperative Agreement conduct certain activities with endangered species under the chrysoparia) and black-capped vireo means that HUD will have substantial (Vireo atricapilla) within Texas. involvement during the performance of Endangered Species Act of 1973, as the research project. amended (Act). The Act requires that we Permit TE–150490 invite public comment on these permit The Catalog of Federal Domestic applications. Applicant: Sea Life Arizona, Tempe, Assistance number for this program is Arizona. DATES: To ensure consideration, written 14.524. comments must be received on or before Applicant requests a new permit for On January 20, 2011, HUD posted the July 18, 2011. research and recovery purposes to hold FY 2010 Transformation Initiative: ADDRESSES: Written comments should and display for educational purposes Natural Experiments Grant Program be submitted to the Chief, Endangered the following native fish: woundfin NOFA to Grants.gov. The Department Species Division, Ecological Services, (Plagopterus argentissimus), bonytail reviewed, evaluated and scored the P.O. Box 1306, Room 6034, (Gila elegans), Colorado pikeminnow applications received based on the Albuquerque, NM 87103. Documents (Ptychocheilus lucius), desert pupfish criteria in the NOFA. In accordance and other information submitted with (Cyprinodon macularius), Gila chub with Section 102(a)(4)(C) of the these applications are available for (Gila intermedia), Gila topminnow Department of Housing and Urban review, subject to the requirements of (Poeciliopsis occidentalis occidentalis), Development Reform Act of 1989 (103) the Privacy Act and Freedom of humpback chub (Gila cypha), razorback Stat. 1987, U.S.C. 3545), the Department Information Act. Documents will be sucker (Xyrauchen texanus), Yaqui chub is publishing the names, addresses, and available for public inspection, by (Gila purpea), Yaqui sucker (Catostomus amounts of the awards made under this appointment only, during normal bernardini), and Yaqui topminnow competition in Appendix A to this business hours at the U.S. Fish and (Poeciliopsis occidentalis sonoriensis) notice. Wildlife Service, 500 Gold Ave., SW., within the Aquarium.

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Permit TE–42823A Applicant requests a new permit for conduct genetic analysis of Huachuca Applicant: Wiebke Boeing, Las husbandry and holding of green sea water umbel (Lilaeopsis schaffneriana Cruces, New Mexico. turtles (Chelonia mydas) and Kemps var. recurva) and to conduct presence/ ridley sea turtles (Lepidochelys kempii) absence surveys of southwestern willow Applicant requests a new permit for at the Sea Life Aquarium in Texas. flycatcher (Empidonax traillii extimus) research and recovery purposes to within Arizona. conduct presence/absence surveys for Permit TE–172278 Authority: 16 U.S.C. 1531 et seq. Pecos gambusia (Gambusia nobilis), Applicant: John C. Abbott, Austin, Roswell springsnail (Pyrgulopsis Texas. Dated: June 8, 2011. roswellensis), Koster’s springsnail Joy E. Nicholopoulos, (Juturnia kosteri), and Noel’s amphipod Applicant requests a new permit for research and recovery purposes to (Acting) Regional Director, Southwest Region, (Gammarus desperatus) in sinkholes of Fish and Wildlife Service. conduct presence/absence surveys for the Bitter Lake National Wildlife Refuge, [FR Doc. 2011–14927 Filed 6–15–11; 8:45 am] Roswell, New Mexico. American burying beetle (Nicrophorus americanus) within the Camp Maxey BILLING CODE 4310–55–P Permit TE–051819 National Guard facility in Texas. Applicant: Fort Worth Zoo, Fort Worth, Permit TE–44306A DEPARTMENT OF THE INTERIOR Texas. Applicant requests a renewal to a Applicant: United States Geological Bureau of Land Management current permit for research and recovery Survey, Bozeman, Montana. purposes to hold, conduct husbandry Applicant requests a new permit for [LLWO220000.L10200000.PH0000.00000000] activities, and captively breed the research and recovery purposes to conduct a study on the effects of Renewal of Approved Information following species: Barton Springs Collection salamander (Eurycea sosorum), Houston electricity on growth and reproduction toad (Bufo houstonensis), and black- of razorback suckers (Xyrauchen AGENCY: Bureau of Land Management, footed ferret (Mustela nigripes) within texanus) at the Uvalde National Fish Interior. Hatchery in Texas. the Fort Worth Zoo. ACTION: 30-day Notice and Request for Permit TE–43719A Permit TE–026711 Comments. Applicant: Desert Botanical Garden, Applicant: Coconino National Forest, SUMMARY: The Bureau of Land Phoenix, Arizona. Flagstaff, Arizona. Management (BLM) has submitted an Applicant requests a new permit for Applicant requests a new permit for information collection request to the research and recovery purposes to research and recovery purposes to Office of Management and Budget conduct presence/absence surveys, conduct presence/absence surveys for (OMB) for a 3-year renewal of OMB collect samples, and conduct genetic the following species: southwestern Control Number 1004–0041 under the analysis of Huachuca water umbel willow flycatcher (Empidonax traillii Paperwork Reduction Act. This control (Lilaeopsis schaffneriana var. recurva) extimus), Yuma clapper rail (Rallus number covers paperwork requirements and Arizona hedgehog cactu longirostris yumanensis), Gila approval to continue the collection of (Echinocereus triglochidiatus var. topminnow (Poeciliopsis occidentalis information from applicants for grazing arizonicus) within Arizona and at the occidentalis), razorback sucker permits and leases, and from holders of botanical garden. (Xyrauchen texanus), black-footed ferret grazing permits and leases. (Mustela nigripes), Arizona cliffrose Permit TE–43746A DATES: The OMB is required to respond (Purshia subintegra), and Gila chub to this information collection request Applicant: Northern Arizona University, (Gila intermedia) within Arizona. within 60 days but may respond after 30 Flagstaff, Arizona. Permit TE–118414 days. Therefore, written comments Applicant requests a new permit for Applicant: Cherokee Nation, Tahlequah, should be received on or before July 18, research and recovery purposes to 2011. conduct presence/absence surveys for Oklahoma. ADDRESSES: Please submit comments southwestern willow flycatcher Applicant requests a new permit for research and recovery purposes to directly to the Desk Officer for the (Empidonax traillii extimus) within Department of the Interior (OMB #1004– Arizona. conduct presence/absence surveys for American burying beetle (Nicrophorus 0041), Office of Management and Permit TE–800923 americanus) within Oklahoma. Budget, Office of Information and Applicant: University of Arizona, Regulatory Affairs, fax 202–395–5806, Permit TE–829995 Tucson, Arizona. or by electronic mail at [email protected]. Please Applicant requests a new permit for Applicant: Dallas Zoo and Aquarium, Dallas, Texas. provide a copy of your comments to the research and recovery purposes to BLM. You may do so via mail, fax, or conduct presence/absence surveys, Applicant requests an amendment to hold, conduct husbandry activities, and electronic mail. collect genetic samples, and captively Mail: U.S. Department of the Interior, hold the following species: Colorado captively breed Houston toads (Bufo houstonensis) within the zoo. Bureau of Land Management, 1849 C pikeminnow (Ptychocheilus lucius), Street, NW., Room 2134LM, Attention: desert pupfish (Cyprinodon Permit TE–207369 Jean Sonneman, Washington, DC 20240. macularius), Gila topminnow Fax: Jean Sonneman at fax number (Poecciliopsis occidentalis), and Gila Applicant: U.S. Army Garrison—Fort Huachuca, Fort Huachuca, Arizona. 202–912–7181. chub (Gila intermedia) within Arizona. Electronic mail: Applicant requests an amendment to _ Permit TE–43777A a current permit for research and jean [email protected]. Applicant: Sea Life US, LLC, Grapevine, recovery purposes to conduct presence/ FOR FURTHER INFORMATION CONTACT: Texas. absence surveys, collect samples, and Kimberly Hackett, Division of

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Rangeland Resources, at 202–912–7216. mechanical, or other forms of authorize the BLM to manage domestic Persons who use a telecommunication information technology. livestock grazing on public lands device for the deaf may call the Federal Please send comments as directed consistent with land use plans, the Information Relay Service at 1–800– under ADDRESSES and DATES. Please principles of multiple use and sustained 877–8339, to leave a message for Ms. refer to OMB control number 1004–0041 yield, environmental values, economic Hackett. You may also review the in your correspondence. Before considerations, and other relevant information collection request online at including your address, phone number, factors. In order to meet those goals, it http://www.reginfo.gov/public/do/ e-mail address, or other personal is necessary to collection information on PRAMain. identifying information in your matters such as permittee and lessee comment, you should be aware that qualifications for a grazing permit or SUPPLEMENTARY INFORMATION: The your entire comment—including your Paperwork Reduction Act (44 U.S.C. lease, base property used in conjunction personal identifying information—may 3501–3521) and OMB regulations at 5 with public lands, and the actual use be made publicly available at any time. CFR part 1320 provide that an agency made by livestock authorized to graze While you can ask us in your comment may not conduct or sponsor a collection on the public lands. to withhold your personal identifying of information unless it displays a Frequency of Collection: The BLM information from public review, we currently valid OMB control number. collects the information on Forms 4130– cannot guarantee that we will be able to Until OMB approves a collection of 1, 4130–1a, 4130–1b, and 4130–4 on do so. information, you are not obligated to occasion. The BLM collects the The following information is provided respond. 44 U.S.C. 3506 and 3507. In information on Forms 4130–3a and for the information collection: 4130–5 annually. Responses are order to obtain and renew an OMB Title: Authorizing Grazing Use (43 control number, Federal agencies are required in order to obtain or retain a CFR subparts 4110 and 4130). benefit. required to seek public comment on Forms: information collection and • Form 4130–1, Grazing Schedule, Estimated Number and Description of recordkeeping activities (see 5 CFR Grazing Application; Respondents: Any U.S. citizen or 1320.8(d) and 1320.12(a)). For this • Form 4130–1a, Grazing Preference validly licensed business may apply for control number, the BLM requests Transfer Application and Preference a BLM grazing permit or lease. The BLM comments on the following subjects: Application (Base Property Preference administers nearly 18,000 permits and 1. Whether the collection of Attachment and Assignment); leases for grazing domestic livestock, information is necessary for the proper • Form 4130–1b, Grazing Application mostly cattle and sheep, at least part of functioning of the BLM, including Supplemental Information; the year on public lands. Permits and whether the information will have • Form 4130–3a, Automated Grazing leases generally cover a 10-year period practical utility; Application; and are renewable if the BLM 2. The accuracy of the BLM’s estimate • Form 4130–4, Application for determines that the terms and of the burden of collecting the Exchange-of-Use Grazing Agreement; conditions of the expiring permit or information, including the validity of and lease are being met. the methodology and assumptions used; • Form 4130–5, Actual Grazing Use Estimated Reporting and 3. The quality, utility and clarity of Report. Recordkeeping ‘‘Hour’’ Burden: 33,810 the information to be collected; and OMB Control Number: 1004–0041. responses and 7,811 hours annually. 4. How to minimize the information Abstract: The Taylor Grazing Act (43 The following table details the collection burden on those who are to U.S.C. 315–315n) and Subchapters III individual components and respective respond, including the use of and IV of the Federal Land Policy and hour burdens of this information appropriate automated, electronic, Management Act (43 U.S.C. 1731–1753) collection request:

Time per Type of response Number of response Total hours responses (minutes)

A B C (B × C)

Grazing Schedule—Grazing Application ...... 3,000 15 750 (43 CFR 4130.1–1) Form 4130–1 Grazing Preference Application and Preference Transfer Application (Base Property Pref- erence Attachment and Assignment) ...... 900 35 525 (43 CFR 4110.1(c), 4110.2–1(c), and 4110.2–3) Form 4130–1a and related nonform information Grazing Application Supplemental Information ...... 900 30 450 (43 CFR 4110.1 and 4130.7) Form 4130–1b Automated Grazing Application ...... 14,000 10 2,333 (43 CFR 4130.4) Form 4130–3a Application for Exchange-of-Use Grazing Agreement ...... 10 18 3 (43 CFR 4130.6–1) Form 4130–4 Actual Grazing Use Report ...... 15,000 15 3,750 (43 CFR 4130.3–2(d)) Form 4130–5

Totals ...... 33,810 ...... 7,811

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Estimated Annual Reporting and obtained by contacting the Persons filing written submissions Recordkeeping ‘‘Non-Hour Cost’’ Commission’s TDD terminal on (202) must file the original document and 12 Burden: $30,000. 205–1810. true copies thereof on or before the 60-Day Notice: As required in 5 CFR SUPPLEMENTARY INFORMATION: The deadlines stated above with the Office 1320.8(d), the BLM published a 60-day Commission has received a complaint of the Secretary. Submissions should notice in the Federal Register on filed on behalf of Cypress refer to the docket number (‘‘Docket No. January 25, 2011 (76 FR 4369), soliciting Semiconductor Corporation on June 10, 2816’’) in a prominent place on the comments from the public and other 2011. The complaint alleges violations cover page and/or the first page. The interested parties. The comment period of section 337 of the Tariff Act of 1930 Commission’s rules authorize filing closed on March 28, 2010. The BLM (19 U.S.C. 1337) in the importation into submissions with the Secretary by received one comment. The comment the United States, the sale for facsimile or electronic means only to the was a general invective about the importation, and the sale within the extent permitted by section 201.8 of the Federal government, the Department of United States after importation of rules (see Handbook for Electronic the Interior, and the BLM. It did not certain static random access memories Filing Procedures, http://www.usitc.gov/ address, and was not germane to, this and products containing same. The secretary/fed_reg_notices/rules/ information collection. Therefore, we complaint names as respondents GSI documents/ have not changed the information Technology of Sunnyvale, CA; Alcatel- handbook_on_electronic_filing.pdf). collection in response to the comment. Lucent of Paris, France; Persons with questions regarding Telefonaktiebolaget LM Ericsson of electronic filing should contact the Jean Sonneman, Stockholm, Sweden; Motorola Solutions Secretary (202–205–2000). Bureau of Land Management, Information of Schaumburg, IL; Arrow Electronics, Any person desiring to submit a Collection Clearance Officer. Inc. of Melville, NY; and Nu Horizons document to the Commission in [FR Doc. 2011–14984 Filed 6–15–11; 8:45 am] Electronics Corp. of Melville, NY. confidence must request confidential BILLING CODE 4310–84–P The complainant, proposed treatment. All such requests should be respondents, other interested parties, directed to the Secretary to the and members of the public are invited Commission and must include a full INTERNATIONAL TRADE to file comments, not to exceed five statement of the reasons why the COMMISSION pages in length, on any public interest Commission should grant such issues raised by the complaint. treatment. See 19 CFR 201.6. Documents Notice of Receipt of Complaint; Comments should address whether for which confidential treatment by the Solicitation of Comments Relating to issuance of an exclusion order and/or a Commission is properly sought will be the Public Interest cease and desist order in this treated accordingly. All nonconfidential investigation would negatively affect the AGENCY: U.S. International Trade written submissions will be available for Commission. public health and welfare in the United public inspection at the Office of the States, competitive conditions in the ACTION: Notice. Secretary. United States economy, the production This action is taken under the SUMMARY: Notice is hereby given that of like or directly competitive articles in authority of section 337 of the Tariff Act the U.S. International Trade the United States, or United States of 1930, as amended (19 U.S.C. 1337), Commission has received a complaint consumers. and of sections 201.10 and 210.50(a)(4) entitled In Re Static Random Access In particular, the Commission is of the Commission’s Rules of Practice Memories and Products Containing interested in comments that: and Procedure (19 CFR 201.10, (i) Explain how the articles Same, DN 2816; the Commission is 210.50(a)(4)). potentially subject to the orders are used soliciting comments on any public in the United States; By order of the Commission. interest issues raised by the complaint. (ii) Identify any public health, safety, Issued: June 13, 2011. FOR FURTHER INFORMATION CONTACT: or welfare concerns in the United States James R. Holbein, James R. Holbein, Secretary to the relating to the potential orders; Secretary to the Commission. Commission, U.S. International Trade (iii) Indicate the extent to which like [FR Doc. 2011–14934 Filed 6–15–11; 8:45 am] Commission, 500 E Street, SW., or directly competitive articles are BILLING CODE 7020–02–P Washington, DC 20436, telephone (202) produced in the United States or are 205–2000. The public version of the otherwise available in the United States, complaint can be accessed on the with respect to the articles potentially DEPARTMENT OF JUSTICE Commission’s electronic docket (EDIS) subject to the orders; and at http://edis.usitc.gov, and will be (iv) Indicate whether Complainant, Notice of Lodging of Consent Decree available for inspection during official Complainant’s licensees, and/or third Under the Clean Air Act business hours (8:45 a.m. to 5:15 p.m.) party suppliers have the capacity to in the Office of the Secretary, U.S. replace the volume of articles Notice is hereby given that on June 7, International Trade Commission, 500 E potentially subject to an exclusion order 2011, a proposed Consent Decree in Street, SW., Washington, DC 20436, and a cease and desist order within a United States v. Polar Industries, Inc., telephone (202) 205–2000. commercially reasonable time. Civil Action No. 3:11–cv–00915, was General information concerning the Written submissions must be filed no filed with the United States District Commission may also be obtained by later than by close of business, five Court for Connecticut. accessing its Internet server (http:// business days after the date of In this action, the United States www.usitc.gov). The public record for publication of this notice in the Federal sought penalties and injunctive relief for this investigation may be viewed on the Register. There will be further the Defendant’s violations of the Clean Commission’s electronic docket (EDIS) opportunities for comment on the Air Act, 42 U.S.C. 7401 et seq., at its at http://edis.usitc.gov. Hearing- public interest after the issuance of any foam block manufacturing facility in impaired persons are advised that final initial determination in this Prospect, Connecticut. To resolve the information on this matter can be investigation. United States’ claims, the Defendants

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will pay a penalty of $102,000, and will 952(a)(2) authorizing the importation of DEPARTMENT OF JUSTICE install air emission controls at its plant such a substance, provide to reduce its emissions of Volatile manufacturers holding registrations for Drug Enforcement Administration Organic Compounds into the air. the bulk manufacture of the substance Importer of Controlled Substances; The Department of Justice will receive an opportunity for a hearing. for a period of thirty (30) days from the Notice of Application Therefore, in accordance with 21 CFR date of this publication comments This is notice that on March 1, 2011, relating to the Consent Decree. 1301.34(a), this is notice that on May 3, 2011, Boehringer Ingelheim Chemicals, Penick Corporation, 33 Industrial Park Comments should be addressed to the Road, Pennsville, New Jersey 08070, Inc., 2820 N. Normandy Drive, Assistant Attorney General, made application by renewal to the Petersburg, Virginia 23805, made Environment and Natural Resources Drug Enforcement Administration Division, and either emailed to application by renewal to the Drug (DEA) for registration as an importer of [email protected] or Enforcement Administration (DEA) to the following basic classes of controlled mailed to P.O. Box 7611, U.S. be registered as an importer of substances: Department of Justice, Washington, DC Phenylacetone (8501), a basic class of 20044–7611, and should refer to either: controlled substance listed in schedule Drug Schedule United States v. Industries Inc., Civil II. Coca Leaves (9040) ...... II Action No. 3:11–cv–00915, or D.J. Ref. The company plans to import the 90–5–2–1–09881. The Consent Decree Raw Opium (9600) ...... II listed controlled substance to bulk may be examined at the Office of the Poppy Straw (9650) ...... II manufacture amphetamine. Concentrate of Poppy Straw II United States Attorney, District of (9670). Connecticut, Connecticut Financial Any bulk manufacturer who is presently, or is applying to be, Center, 157 Church St., 23d Floor, New The company plans to import the Haven, Connecticut, and at the United registered with DEA to manufacture listed controlled substances to States Environmental Protection such basic class of controlled substance manufacture bulk controlled substance Agency, 5 Post Office Square, Suite 100, may file comments or objections to the intermediates for sale to its customers. Boston, Massachusetts 02109. During issuance of the proposed registration, As explained in the Correction to the public comment period, the Consent and may, at the same time, file a written Notice of Application pertaining to Decree may also be examined on the request for a hearing on such Rhodes Technologies, 72 FR 3417 following Department of Justice Web application pursuant to 21 CFR 1301.43 (2007), comments and requests for site, http://www.usdoj.gov/enrd/ and in such form as prescribed by 21 hearings on applications to import _ Consent Decrees.html. A copy of the CFR 1316.47. narcotic raw material are not Consent Decree may also be obtained by Any such comments or objections appropriate. mail from the Consent Decree Library, As noted in a previous notice should be addressed, in quintuplicate, P.O. Box 7611, U.S. Department of published in the Federal Register on Justice, Washington, DC 20044–7611 or to the Drug Enforcement September 23, 1975, 40 FR 43745, all by faxing or e-mailing a request to Tonia Administration, Office of Diversion applicants for registration to import a Fleetwood ([email protected]), Control, Federal Register Representative basic class of any controlled substance fax no. (202) 514–0097, phone (ODL), 8701 Morrissette Drive, in schedule I or II are, and will continue confirmation number (202) 514–1547. In Springfield, Virginia 22152; and must be to be, required to demonstrate to the requesting a copy from the Consent filed no later than July 18, 2011. Deputy Assistant Administrator, Office Decree Library, please enclose a check, This procedure is to be conducted of Diversion Control, Drug Enforcement payable to the U.S. Treasury, in the simultaneously with, and independent Administration, that the requirements amount of $9.50 (25 cents per page of, the procedures described in 21 CFR for such registration pursuant to 21 reproduction cost), or, if by email or fax, 1301.34(b), (c), (d), (e), and (f). As noted U.S.C. § 958(a); 21 U.S.C. 823(a); and 21 forward a check in the applicable in a previous notice published in the CFR 1301.34(b), (c), (d), (e), and (f) are amount to the Consent Decree Library at Federal Register on September 23, 1975, satisfied. the stated address. 40 FR 43745–46, all applicants for Dated: June 7, 2011. Maureen Katz, registration to import a basic class of Joseph T. Rannazzisi, Assistant Chief, Environmental Enforcement any controlled substance in schedule I Deputy Assistant Administrator, Office of Section, Environment and Natural Resources or II are, and will continue to be, Diversion Control, Drug Enforcement Division. required to demonstrate to the Deputy Administration. [FR Doc. 2011–14914 Filed 6–15–11; 8:45 am] Assistant Administrator, Office of [FR Doc. 2011–14975 Filed 6–15–11; 8:45 am] BILLING CODE 4410–15–P Diversion Control, Drug Enforcement BILLING CODE 4410–09–P Administration, that the requirements for such registration pursuant to 21 DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE U.S.C. 958(a); 21 U.S.C. 823(a); and 21 Drug Enforcement Administration CFR 1301.34(b), (c), (d), (e), and (f) are Drug Enforcement Administration satisfied. Importer of Controlled Substances; Dated: June 7, 2011. Importer of Controlled Substances; Notice of Application Notice of Application Joseph T. Rannazzisi Pursuant to 21 U.S.C. 958(i), the Deputy Assistant Administrator, Office of Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing Diversion Control, Drug Enforcement Attorney General shall, prior to issuing a registration under this section to a Administration. a registration under this Section to a bulk manufacturer of a controlled [FR Doc. 2011–14976 Filed 6–15–11; 8:45 am] bulk manufacturer of a controlled substance in schedule I or II, and prior BILLING CODE 4410–09–P substance in schedule I or II, and prior to issuing a regulation under 21 U.S.C. to issuing a regulation under 21 U.S.C.

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952(a) authorizing the importation of DEPARTMENT OF JUSTICE Drug Schedule such a substance, provide manufacturers holding registrations for Drug Enforcement Administration Tilidine (9750) ...... I the bulk manufacture of the substance 3-Methylfentanyl (9813) ...... I Importer of Controlled Substances; Amphetamine (1100) ...... II an opportunity for a hearing. Notice of Application Methamphetamine (1105) ...... II Therefore, in accordance with 21 CFR Methylphenidate (1724) ...... II 1301.34(a), this is notice that on March Pursuant to 21 U.S.C. 958(i), the Amobarbital (2125) ...... II 14, 2011, Noramco Inc., 1440 Olympic Attorney General shall, prior to issuing Pentobarbital (2270) ...... II Drive, Athens, Georgia 30601, made a registration under this Section to a Secobarbital (2315) ...... II Phencyclidine (7471) ...... II application by letter to the Drug bulk manufacturer of a controlled substance in schedule I or II, and prior Phenylacetone (8501) ...... II Enforcement Administration (DEA) to to issuing a regulation under 21 U.S.C. Cocaine (9041) ...... II be registered as an importer of 952(a)(2) authorizing the importation of Codeine (9050) ...... II Phenylacetone (8501), a basic class of Dihydrocodeine (9120) ...... II such a substance, provide Oxycodone (9143) ...... II controlled substance listed in schedule manufacturers holding registrations for II. Hydromorphone (9150) ...... II the bulk manufacture of the substance Benzoylecgonine (9180) ...... II The company plans to import the an opportunity for a hearing. Ethylmorphine (9190) ...... II listed controlled substance in bulk for Therefore, in accordance with 21 CFR Hydrocodone (9193) ...... II the manufacture of a controlled 1301.34(a), this is notice that on March Levorphanol (9220) ...... II substance. 1, 2011, Lipomed, Inc., One Broadway, Meperidine (9230) ...... II Cambridge, Massachusetts 02142, made Methadone (9250) ...... II Any bulk manufacturer who is application by renewal to the Drug Dextropropoxyphene, bulk (non- II presently, or is applying to be, Enforcement Administration (DEA) to dosage forms) (9273). registered with DEA to manufacture Morphine (9300) ...... II be registered as an importer of the Thebaine (9333) ...... II such basic class of controlled substance following basic classes of controlled may file comments or objections to the Oxymorphone (9652) ...... II substances: Alfentanil (9737) ...... II issuance of the proposed registration, Sufentanil (9740) ...... II and may, at the same time, file a written Drug Schedule Fentanyl (9801) ...... II request for a hearing on such application pursuant to 21 CFR 1301.43, Cathinone (1235) ...... I The company plans to import and in such form as prescribed by Methcathinone (1237) ...... I N-Ethylamphetamine (1475) ...... I analytical reference standards for 21 CFR 1316.47. Fenethylline (1503) ...... I distribution to its customers for research Any such comments or objections Methaqualone (2565) ...... I and analytical purposes. should be addressed, in quintuplicate, Gamma Hydroxybutyric Acid I Any bulk manufacturer who is to the Drug Enforcement (2010). presently, or is applying to be, Lysergic acid diethylamide (7315) I registered with DEA to manufacture Administration, Office of Diversion 2,5-Dimethoxy-4-(n)- I Control, Federal Register Representative such basic classes of controlled propylthiophenethylamine substances may file comments or (ODL), 8701 Morrissette Drive, (7348). objections to the issuance of the Springfield, Virginia 22152; and must be Marihuana (7360) ...... I proposed registration, and may, at the filed no later than July 18, 2011. Tetrahydrocannabinols (7370) ..... I Mescaline (7381) ...... I same time, file a written request for a This procedure is to be conducted 3,4,5-Trimethoxyamphetamine I hearing on such application pursuant to simultaneously with, and independent (7390). 21 CFR 1301.43, and in such form as of, the procedures described in 21 CFR 4-Bromo-2,5- I prescribed by 21 CFR 1316.47. 1301.34(b), (c), (d), (e), and (f). As noted dimethoxyamphetamine (7391). Any such comments or objections in a previous notice published in the 4-Bromo-2,5- I should be addressed, in quintuplicate, dimethoxyphenethylamine Federal Register on September 23, 1975, (7392). to the Drug Enforcement 40 FR 43745–46, all applicants for 4-Methyl-2,5- I Administration, Office of Diversion registration to import a basic class of dimethoxyamphetamine (7395). Control, Federal Register Representative any controlled substance listed in 2,5-Dimethoxyamphetamine I (ODL), 8701 Morrissette Drive, schedule I or II are, and will continue (7396). Springfield, Virginia 22152; and must be to be, required to demonstrate to the 2,5-Dimethoxy-4- I filed no later than July 18, 2011. Deputy Assistant Administrator, Office ethylamphetamine (7399). This procedure is to be conducted 3,4-Methylenedioxyamphetamine I of Diversion Control, Drug Enforcement simultaneously with, and independent (7400). of, the procedures described in 21 CFR Administration, that the requirements 3,4-Methylenedioxy-N- I for such registration pursuant to ethylamphetamine (7404). § 1301.34(b), (c), (d), (e), and (f). As 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 3,4- I noted in a previous notice published in 21 CFR 1301.34(b), (c), (d), (e), and (f) Methylenedioxymethamphetam- the Federal Register on September 23, 1975, 40 FR 43745–46, all applicants for are satisfied. ine (7405). 4-Methoxyamphetamine (7411) ... I registration to import a basic class of Dated: June 7, 2011. Dimethyltryptamine (7435) ...... I any controlled substance in schedule I Joseph T. Rannazzisi, Psilocybin (7437) ...... I or II are, and will continue to be, Psilocyn (7438) ...... I required to demonstrate to the Deputy Deputy Assistant Administrator, Office of N-Benzylpiperazine (7493) ...... I Diversion Control, Drug Enforcement Acetyldihydrocodeine (9051) ...... I Assistant Administrator, Office of Administration. Dihydromorphine (9145) ...... I Diversion Control, Drug Enforcement [FR Doc. 2011–14972 Filed 6–15–11; 8:45 am] Heroin (9200) ...... I Administration, that the requirements BILLING CODE 4410–09–P Normorphine (9313) ...... I for such registration pursuant to 21 Pholcodine (9314) ...... I U.S.C. 958(a), 21 U.S.C. 823(a), and 21

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CFR 1301.34(b), (c), (d), (e), and (f) are any controlled substance listed in 952(a)(2)(B)] may, in the circumstances satisfied. schedule I or II are, and will continue set forth in 21 U.S.C. 958(i), file Dated: June 7, 2011. to be, required to demonstrate to the comments or objections to the issuance Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of the proposed registration and may, at of Diversion Control, Drug Enforcement the same time, file a written request for Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements a hearing on such application pursuant Administration. for such registration pursuant to 21 to 21 CFR 1301.43 and in such form as U.S.C. 958(a), 21 U.S.C. 823(a), and 21 prescribed by 21 CFR 1316.47. [FR Doc. 2011–14956 Filed 6–15–11; 8:45 am] CFR 1301.34(b), (c), (d), (e), and (f) are Any such comments or objections BILLING CODE 4410–09–P satisfied. should be addressed, in quintuplicate, Dated: June 7, 2011. to the Drug Enforcement Administration, Office of Diversion DEPARTMENT OF JUSTICE Joseph T. Rannazzisi, Control, Federal Register Representative Deputy Assistant Administrator, Office of (ODL), 8701 Morrissette Drive, Drug Enforcement Administration Diversion Control, Drug Enforcement Administration. Springfield, Virginia 22152; and must be Importer of Controlled Substances; filed no later than July 18, 2011. [FR Doc. 2011–14957 Filed 6–15–11; 8:45 am] Notice of Application This procedure is to be conducted BILLING CODE 4410–09–P simultaneously with, and independent Pursuant to 21 U.S.C. 958(i), the of, the procedures described in 21 CFR Attorney General shall, prior to issuing DEPARTMENT OF JUSTICE § 1301.34(b), (c), (d), (e), and (f). As a registration under this Section to a noted in a previous notice published in bulk manufacturer of a controlled Drug Enforcement Administration the Federal Register on September 23, substance in schedule I or II, and prior 1975, 40 FR 43745–46, all applicants for to issuing a regulation under 21 U.S.C. Importer of Controlled Substances; registration to import a basic class of 952(a)(2) authorizing the importation of Notice of Application any controlled substance in schedule I such a substance, provide or II are, and will continue to be, manufacturers holding registrations for Pursuant to Title 21 Code of Federal required to demonstrate to the Deputy the bulk manufacture of the substance Regulations 1301.34 (a), this is notice Assistant Administrator, Office of an opportunity for a hearing. that on May 12, 2011, Chattem Diversion Control, Drug Enforcement Therefore, in accordance with 21 CFR Chemicals Inc., 3801 St. Elmo Avenue, Administration, that the requirements 1301.34(a), this is notice that on April Chattanooga, Tennessee 37409, made for such registration pursuant to 21 11, 2011, Wildlife Laboratories, 1401 application by renewal to the Drug U.S.C. 958(a); 21 U.S.C. 823(a); and 21 Duff Drive, Suite 400, Fort Collins, Enforcement Administration (DEA) for CFR 1301.34(b), (c), (d), (e), and (f) are Colorado 80524, made application by registration as an importer of the satisfied. renewal to the Drug Enforcement following basic classes of controlled Administration (DEA) to be registered as substances: Dated: June 7, 2011. an importer of Etorphine Hydrochloride Joseph T. Rannazzisi, (9059), a basic class of controlled Drug Schedule Deputy Assistant Administrator, Office of substance listed in schedule II. Diversion Control, Drug Enforcement The company plans to import the Methamphetamine (1105) ...... II Administration. 4-Anilino-N-Phenethyl-4-Piper- II listed controlled substance for sale to its [FR Doc. 2011–14954 Filed 6–15–11; 8:45 am] idine (8333). customers. Phenylacetone (8501) ...... II BILLING CODE 4410–09–P Any bulk manufacturer who is Raw Opium (9600) ...... II presently, or is applying to be, Concentrate of Poppy Straw II registered with DEA to manufacture (9670). DEPARTMENT OF JUSTICE such basic class of controlled substance may file comments or objections to the The company plans to import the Drug Enforcement Administration issuance of the proposed registration, listed controlled substances to Importer of Controlled Substances; and may, at the same time, file a written manufacture bulk controlled substances Notice of Application request for a hearing on such for sale to its customers. application pursuant to 21 CFR 1301.43 No comments, objections, or requests Pursuant to 21 U.S.C. 958(i), the and in such form as prescribed by 21 for any hearings will be accepted on any Attorney General shall, prior to issuing CFR 1316.47. application for registration or re- a registration under this Section to a Any such comments or objections registration to import crude opium, bulk manufacturer of a controlled should be addressed, in quintuplicate, poppy straw, concentrate of poppy substance in schedule I or II, and prior to the Drug Enforcement straw, and coca leaves. As explained in to issuing a regulation under 21 U.S.C. Administration, Office of Diversion the Correction to Notice of Application 952(a) authorizing the importation of Control, Federal Register Representative pertaining to Rhodes Technologies, 72 such a substance, provide (ODL), 8701 Morrissette Drive, FR 3417 (2007), comments and requests manufacturers holding registrations for Springfield, Virginia 22152; and must be for hearings on applications to import the bulk manufacture of the substance filed no later than July 18, 2011. narcotic raw material are not an opportunity for a hearing. This procedure is to be conducted appropriate. Therefore, in accordance with 21 CFR simultaneously with, and independent Any bulk manufacturer who is 1301.34(a), this is notice that on March of, the procedures described in 21 CFR presently, or is applying to be, 14, 2011, Noramco Inc., 500 Swedes 1301.34(b), (c), (d), (e), and (f). As noted registered with DEA to manufacture Landing Road, Wilmington, Delaware in a previous notice published in the such basic classes of controlled 19801–4417, made application by letter Federal Register on September 23, 1975, substances listed in schedule I or II, to the Drug Enforcement Administration 40 FR 43745, all applicants for which fall under the authority of section (DEA) to be registered as an importer of registration to import a basic class of 1002(a)(2)(B) of the Act [21 U.S.C. Phenylacetone (8501), a basic class of

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controlled substance listed in schedule The company plans to import the Drug Schedule II. listed controlled substance for the The company plans to import the manufacture of a bulk controlled Meperidine (9230) ...... II listed controlled substance in bulk for substance for distribution to its Methadone (9250) ...... II distribution to its customers. customer. Methadone intermediate (9254) ... II Any bulk manufacturer who is No comments or objections have been Morphine (9300) ...... II Oripavine (9330) ...... II presently, or is applying to be, received. DEA has considered the Thebaine (9333) ...... II registered with DEA to manufacture factors in 21 U.S.C. 823(a) and 952(a) Oxymorphone (9652) ...... II such basic class of controlled substance and determined that the registration of Noroxymorphone (9668) ...... II may file comments or objections to the Stepan Company to import the basic Alfentanil (9737) ...... II issuance of the proposed registration, class of controlled substance is Remifentanil (9739) ...... II and may, at the same time, file a written consistent with the public interest and Sufentanil (9740) ...... II request for a hearing on such with United States obligations under Fentanyl (9801) ...... II application pursuant to 21 CFR 1301.43, international treaties, conventions, or and in such form as prescribed by 21 protocols in effect on May 1, 1971. DEA The company plans to manufacture CFR 1316.47. has investigated Stepan Company to the listed controlled substances in bulk Any such comments or objections ensure that the company’s registration is for distribution to its customers. should be addressed, in quintuplicate, consistent with the public interest. The Any other such applicant, and any to the Drug Enforcement investigation has included inspection person who is presently registered with Administration, Office of Diversion and testing of the company’s physical DEA to manufacture such substances, Control, Federal Register Representative security systems, verification of the may file comments or objections to the (ODL), 8701 Morrissette Drive, company’s compliance with state and issuance of the proposed registration Springfield, Virginia 22152; and must be local laws, and a review of the pursuant to 21 CFR 1301.33(a). Any such comments or objections filed no later than July 18, 2011. company’s background and history. This procedure is to be conducted Therefore, pursuant to 21 U.S.C. 952(a) should be addressed, in quintuplicate, simultaneously with, and independent and 958(a), and in accordance with 21 to the Drug Enforcement of, the procedures described in 21 CFR CFR 1301.34, the above named company Administration, Office of Diversion 1301.34(b), (c), (d), (e), and (f). As noted is granted registration as an importer of Control, Federal Register Representative in a previous notice published in the the basic class of controlled substance (ODL), 8701 Morrissette Drive, Federal Register on September 23, 1975, listed. Springfield, Virginia 22152; and must be filed no later than August 15, 2011. 40 FR 43745–46, all applicants for Dated: June 8, 2011. Dated: June 7, 2011. registration to import a basic class of Joseph T. Rannazzisi, Joseph T. Rannazzisi, any controlled substance listed in Deputy Assistant Administrator, Office of schedule I or II are, and will continue Diversion Control, Drug Enforcement Deputy Assistant Administrator, Office of to be, required to demonstrate to the Administration. Diversion Control, Drug Enforcement Administration. Deputy Assistant Administrator, Office [FR Doc. 2011–14959 Filed 6–15–11; 8:45 am] [FR Doc. 2011–14953 Filed 6–15–11; 8:45 am] of Diversion Control, Drug Enforcement BILLING CODE 4410–09–P Administration, that the requirements BILLING CODE 4410–09–P for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 DEPARTMENT OF JUSTICE CFR 1301.34(b), (c), (d), (e), and (f) are DEPARTMENT OF JUSTICE satisfied. Drug Enforcement Administration Drug Enforcement Administration Dated: June 7, 2011. Manufacturer of Controlled Joseph T. Rannazzisi, Substances; Notice of Application Manufacturer of Controlled Deputy Assistant Administrator, Office of Substances; Notice of Application Diversion Control, Drug Enforcement Pursuant to § 1301.33(a), Title 21 of Administration. the Code of Federal Regulations (CFR), Pursuant to § 1301.33(a), Title 21 of the Code of Federal Regulations (CFR), [FR Doc. 2011–14973 Filed 6–15–11; 8:45 am] this is notice that on May 12, 2011, this is notice that on March 1, 2011, BILLING CODE 4410–09–P Chattem Chemicals Inc., 3801 St. Elmo Avenue, Building 18, Chattanooga, Penick Corporation, 33 Industrial Park Tennessee 37409, made application by Road, Pennsville, New Jersey 08070, DEPARTMENT OF JUSTICE renewal to the Drug Enforcement made application by renewal to the Administration (DEA) to be registered as Drug Enforcement Administration Drug Enforcement Administration a bulk manufacturer of the following (DEA) to be registered as a bulk basic classes of controlled substances: manufacturer of the following basic Importer of Controlled Substances; classes of controlled substances: Notice of Registration Drug Schedule Drug Schedule By Notice dated April 11, 2011 and 4-Methoxyamphetamine (7411) ... I published in the Federal Register on Dihydromorphine (9145) ...... I Cocaine (9041) ...... II April 19, 2011, 76 FR 21915, Stepan Amphetamine (1100) ...... II Codeine (9050) ...... II Company, Natural Products Department, Methamphetamine (1105) ...... II Dihydrocodeine (9120) ...... II 100 W. Hunter Avenue, Maywood, New Lisdexamfetamine (1205) ...... II Oxycodone (9143) ...... II Jersey 07607, made application by Methylphenidate (1724) ...... II Hydromorphone (9150) ...... II Pentobarbital (2270) ...... II Diphenoxylate (9170) ...... II renewal to the Drug Enforcement Codeine (9050) ...... II Ecgonine (9180) ...... II Administration (DEA) to be registered as Dihydrocodeine (9120) ...... II Hydrocodone (9193) ...... II an importer of Coca Leaves (9040), a Oxycodone (9143) ...... II Morphine (9300) ...... II basic class of controlled substance listed Hydromorphone (9150) ...... II Oripavine (9330) ...... II in schedule II. Hydrocodone (9193) ...... II Thebaine (9333) ...... II

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Drug Schedule Drug Schedule Drug Schedule

Oxymorphone (9652) ...... II Oxycodone (9143) ...... II Hydrocodone (9193) ...... II Hydromorphone (9150) ...... II Methadone Intermediate (9254) ... II The company plans to manufacture Ecgonine (9180) ...... II Tapentadol (9780) ...... II the listed controlled substances as bulk Hydrocodone (9193) ...... II controlled substance intermediates for Heroin (9200) ...... II The company plans to manufacture Meperidine (9230) ...... II distribution to its customers. the listed controlled substances in bulk Metazocine (9240) ...... II for distribution and sale to its customers Any other such applicant, and any Dextropropoxyphene, bulk (non- II person who is presently registered with dosage forms) (9273). for Amphetamine (1100). DEA to manufacture such substances, Morphine (9300) ...... II The company plans to acquire the may file comments or objections to the Oripavine (9330) ...... II listed controlled substance in bulk from issuance of the proposed registration Thebaine (9333) ...... II a domestic source in order to pursuant to 21 CFR 1301.33(a). Oxymorphone (9652) ...... II manufacture other controlled substances Any such comments or objections Phenazocine (9715) ...... II in bulk for distribution to its customers. should be addressed, in quintuplicate, Fentanyl (9801) ...... II Any other such applicant, and any to the Drug Enforcement person who is presently registered with Administration, Office of Diversion The company plans to manufacture DEA to manufacture such substances, Control, Federal Register Representative small quantities of the listed controlled may file comments or objections to the (ODL), 8701 Morrissette Drive, substances as radiolabeled compounds issuance of the proposed registration Springfield, Virginia 22152; and must be for biochemical research. pursuant to 21 CFR 1301.33(a). filed no later than August 15, 2011. Any other such applicant, and any Any such comments or objections person who is presently registered with should be addressed, in quintuplicate, Dated: June 7, 2011. DEA to manufacture such substances, Joseph T. Rannazzisi, to the Drug Enforcement may file comments or objections to the Administration, Office of Diversion Deputy Assistant Administrator, Office of issuance of the proposed registration Diversion Control, Drug Enforcement Control, Federal Register Representative pursuant to 21 CFR 1301.33(a). (ODL), 8701 Morrissette Drive, Administration. Any such written comments or [FR Doc. 2011–14977 Filed 6–15–11; 8:45 am] Springfield, Virginia 22152; and must be objections should be addressed, in filed no later than August 15, 2011. BILLING CODE 4410–09–P quintuplicate, to the Drug Enforcement Administration, Office of Diversion Dated: June 7, 2011. Control, Federal Register Representative Joseph T. Rannazzisi, DEPARTMENT OF JUSTICE (ODL), 8701 Morrissette Drive, Deputy Assistant Administrator, Office of Springfield, Virginia 22152; and must be Diversion Control, Drug Enforcement Drug Enforcement Administration filed no later than August 15, 2011. Administration. [FR Doc. 2011–14968 Filed 6–15–11; 8:45 am] Manufacturer of Controlled Dated: June 7, 2011. BILLING CODE 4410–09–P Substances; Notice of Application Joseph T. Rannazzisi, Pursuant to § 1301.33(a), Title 21 of Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement DEPARTMENT OF JUSTICE the Code of Federal Regulations (CFR), Administration. this is notice that on April 13, 2011, [FR Doc. 2011–14974 Filed 6–15–11; 8:45 am] American Radiolabeled Chemicals, Inc., Drug Enforcement Administration BILLING CODE 4410–09–P 101 Arc Drive, St. Louis, Missouri Manufacturer of Controlled 63146, made application by renewal to Substances; Notice of Registration the Drug Enforcement Administration DEPARTMENT OF JUSTICE (DEA) as a bulk manufacturer of the By Notice dated January 18, 2011, and following basic classes of controlled Drug Enforcement Administration published in the Federal Register on substances: February 2, 2011, 76 FR 5829, Sigma Manufacturer of Controlled Aldrich Research Biochemicals, Inc., 1– Drug Schedule Substances; Notice of Application 3 Strathmore Road, Natick, Massachusetts 01760–2447, made Gamma Hydroxybutyric Acid I Pursuant to § 1301.33(a), Title 21 of application by renewal to the Drug (2010). the Code of Federal Regulations (CFR), Enforcement Administration (DEA) to Ibogaine (7260) ...... I this is notice that on April 1, 2011, be registered as a bulk manufacturer of Lysergic acid diethylamide (7315) I Archimica, Inc., 2460 W. Bennett Street, the following basic classes of controlled Tetrahydrocannabinols (7370) ..... I Springfield, Missouri 65807–1229, made Dimethyltryptamine (7435) ...... I substances: 1-[1-(2- I application by renewal to the Drug Thienyl)cyclohexyl]piperidine Enforcement Administration (DEA) to Drug Schedule (7470). be registered as a bulk manufacturer of Dihydromorphine (9145) ...... I the following basic classes of controlled Cathinone (1235) ...... I Normorphine (9313) ...... I substances: Methcathinone (1237) ...... I Amphetamine (1100) ...... II Aminorex (1585) ...... I Methamphetamine (1105) ...... II Drug Schedule Alpha-ethyltryptamine (7249) ...... I Amobarbital (2125) ...... II Lysergic acid diethylamide (7315) I Phencyclidine (7471) ...... II Gamma Hydroxybutyric Acid I Tetrahydrocannabinols (7370) ..... I Phenylacetone (8501) ...... II (2010). 4-Bromo-2,5- I Cocaine (9041) ...... II Amphetamine (1100) ...... II dimethoxyamphetamine (7391). Codeine (9050) ...... II Lisdexamfetamine (1205) ...... II 4-Bromo-2,5- I Diprenorphine (9058) ...... II Methylphenidate (1724) ...... II dimethoxyphenethylamine Dihydrocodeine (9120) ...... II Phenylacetone (8501) ...... II (7392).

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Drug Schedule Dated: June 7, 2011. Washington, DC 20210. Telephone: Joseph T. Rannazzisi, (202) 693–4900 (this is not a toll-free 2,5-Dimethoxyamphetamine I Deputy Assistant Administrator, Office of number). (7396). Diversion Control, Drug Enforcement SUPPLEMENTARY INFORMATION: Article 3,4-Methylenedioxyamphetamine I Administration. 15.4.2 of the Labor Chapter of the (7400). [FR Doc. 2011–14960 Filed 6–15–11; 8:45 am] N-Hydroxy-3,4- I Bahrain—United States Free Trade BILLING CODE 4410–09–M methylenedioxyamphetamine Agreement establishes that each Party’s (7402). contact point shall provide for the 3,4-Methylenedioxy-N- I submission, receipt, and consideration ethylamphetamine (7404). DEPARTMENT OF LABOR of communications from persons of a 3,4- I Party on matters related to provisions of Methylenedioxymethamphetam- Office of the Secretary the Labor Chapter and shall review such ine (MDMA) (7405). Bureau of International Labor Affairs; communications in accordance with Psilocybin (7437) ...... I domestic procedures. On December 14, 5-Methoxy-N,N- I Office of Trade and Labor Affairs; Bahrain—United States Free Trade 2006, the Department of Labor’s OTLA diisopropyltryptamine (7439). was designated as the office to serve as 1-[1-(2- I Agreement; Notice of Determination Regarding Review of Submission the contact point for administering the Thienyl)cyclohexyl]piperidine labor provisions in free trade (TCP) (7470). #2011–01 N-Benzylpiperazine (BZP) (7493) I agreements, including the Bahrain— Heroin (9200) ...... I AGENCY: Bureau of International Labor United States Free Trade Agreement. 71 Normorphine (9313) ...... I Affairs, U.S. Department of Labor. FR 76691 (2006). The same Federal Amphetamine (1100) ...... II ACTION: Notice. Register notice informed the public of Methamphetamine (1105) ...... II the Procedural Guidelines that OTLA SUMMARY: The Office of Trade and Labor Nabilone (7379) ...... II would follow for the receipt and review 1-Phenylcyclohexylamine (7460) II Affairs (OTLA) gives notice that on June of public submissions. These Procedural Phencyclidine (7471) ...... II 10, 2011, Submission #2011–01 was Guidelines are available at http:// Cocaine (9041) ...... II accepted for review pursuant to Article www.dol.gov/ilab/programs/otla/ Codeine (9050) ...... II 15.4.2 of Chapter Fifteen (the Labor proceduralguidelines.htm. According to Diprenorphine (9058) ...... II Chapter) of the Bahrain—United States the definitions contained in the Ecgonine (9180) ...... II Free Trade Agreement. Procedural Guidelines (Section B) a Levomethorphan (9210) ...... II The submission was filed with OTLA ‘‘submission,’’ as used in the guidelines, Levorphanol (9220) ...... II on April 21, 2011, by the American means ‘‘a communication from the Meperidine (9230) ...... II Federation of Labor and Congress of public containing specific allegations, Metazocine (9240) ...... II Industrial Organizations, with a accompanied by relevant supporting Methadone (9250) ...... II statement from the General Federation information, that another Party has Morphine (9300) ...... II of Bahrain Trade Unions. The failed to meet its commitments or Thebaine (9333) ...... II submission alleges the Government of obligations arising under a labor chapter Levo-alphacetylmethadol (9648) .. II Bahrain has violated Article 15.1.1 of * * *.’’ Remifentanil (9739) ...... II the Labor Chapter of the Bahrain— The Procedural Guidelines specify Carfentanil (9743) ...... II United States Free Trade Agreement by that OTLA shall consider six factors, to Fentanyl (9801) ...... II failing to fulfill its obligations and the extent that they are relevant, in commitments under the International determining whether to accept a The company plans to manufacture Labour Organization Declaration on submission for review: reference standards. Fundamental Principles and Rights at 1. Whether the submission raises No comments or objections have been Work and its Follow-up with regard to issues relevant to any matter arising received. DEA has considered the the rights of association and non- under a labor chapter; 2. Whether a review would further the factors in 21 U.S.C. 823(a) and discrimination against trade unionists. objectives of a labor chapter; determined that the registration of These allegations were supported by specific factual descriptions which, if 3. Whether the submission clearly Sigma Aldrich Research Biochemicals, identifies the person filing the Inc. to manufacture the listed basic substantiated, could demonstrate that the Government of Bahrain’s actions submission, is signed and dated, and is classes of controlled substances is sufficiently specific to determine the consistent with the public interest at were inconsistent with its commitments under the Labor Chapter. nature of the request and permit an this time. DEA has investigated Sigma appropriate review; Aldrich Research Biochemicals, Inc. to The objectives of the review of the submission will be to gather information 4. Whether the statements contained ensure that the company’s registration is in the submission, if substantiated, consistent with the public interest. The so that OTLA can better understand and publicly report on the U.S. would constitute a failure of the other investigation has included inspection Party to comply with its obligations or and testing of the company’s physical Government’s views regarding whether the Government of Bahrain’s actions commitments under a labor chapter; security systems, verification of the 5. Whether the statements contained company’s compliance with state and were consistent with the obligations set forth in the Labor Chapter of the in the submission or available local laws, and a review of the information demonstrate that Bahrain—United States Free Trade company’s background and history. appropriate relief has been sought under Agreement. Therefore, pursuant to 21 U.S.C. 823(a), the domestic laws of the other Party, or and in accordance with 21 CFR 1301.33, DATES: Effective date: June 10, 2011. that the matter or a related matter is the above named company is granted FOR FURTHER INFORMATION CONTACT: pending before an international body; registration as a bulk manufacturer of Gregory Schoepfle, Director, OTLA, U.S. and, the basic classes of controlled Department of Labor, 200 Constitution 6. Whether the submission is substances listed. Avenue, NW., Room S–5303, substantially similar to a recent

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submission and significant, new and Exchange Commission forms each year and the estimated time information has been furnished that (‘‘Commission’’) has submitted to the it takes to complete the forms: 20,000 would substantially differentiate the Office of Management and Budget a respondents × 15 minutes = 5,000 submission from the one previously request to approve the collection of burden hours. filed. information discussed below. Members of the public should be The submission raises pertinent Investors who submit complaints, ask aware that an agency may not conduct issues that would further the objectives questions, or provide tips do so or sponsor, and a person is not required of the Labor Chapter and that would, if voluntarily. To make it easier for the to respond to, a collection of substantiated, constitute a failure of the public to contact the agency information unless a currently valid GOB to comply with its FTA electronically, the Commission created a Office of Management and Budget commitments. The submission provides series of investor complaint and control number is displayed. new information and was filed in a question electronic forms. Investors can Background documentation for this correct and complete manner with an access forms through the SEC Center for information collection may be viewed at allegation that is specific enough to be Complaints and Enforcement Tips the following link, http:// investigated. The affected trade portal. The Commission consolidated www.reginfo.gov. General comments unionists have attempted to engage in four paper complaint forms into one regarding the above information should dialogue with the Government of electronic form (the Investor Form) that be directed to the following persons: (i) Bahrain regarding the allegations provides drop down options to choose Desk Officer for the Securities and contained in the submission. The OTLA from in order to categorize the investor’s Exchange Commission, Office of has taken these factors into account and complaint or question, and may also Information and Regulatory Affairs, accepted the submission for review. provide the investor with automated Office of Management and Budget, OTLA’s decision to accept the information about their issue. The Room 10102, New Executive Office submission for review is not intended to investor may describe their complaint Building, Washington, DC 20503 or indicate any determination as to the and submit it without their name or send an e-mail to: validity or accuracy of the allegations contact information. [email protected]; and (ii) contained in the submission. The The Investor Form asks investors to Thomas Bayer, Director/Chief objectives of the review of the provide information concerning, among Information Officer, Securities and submission will be to gather information other things, their names, how they can Exchange Commission, c/o Remi Pavlik- so that OTLA can better understand and be reached, the names of the individuals Simon, 6432 General Green Way, publicly report on the U.S. or entities involved, the nature of their Alexandria, VA 22312; or send an e- Government’s views regarding whether complaint or tip, what documents they mail to: [email protected]. the Government of Bahrain’s actions can provide, and what, if any, actions Comments must be submitted to OMB were consistent with the obligations set they have taken. Use of the Investor within 30 days of this notice. Form is strictly voluntary. Moreover, the forth in the Labor Chapter of the June 11, 2011. Bahrain—United States Free Trade Commission does not require investors Cathy H. Ahn, Agreement. The review will be to submit complaints, questions, tips, or completed and a public report issued other feedback. Absent the forms, the Deputy Secretary. within 180 days, unless circumstances, public still has several ways to contact [FR Doc. 2011–14988 Filed 6–15–11; 8:45 am] as determined by OTLA, require an the agency, including telephone, BILLING CODE 8011–01–P extension of time, as set out in the facsimile, letters, and e-mail. Procedural Guidelines. The public Approximately 20,000 investors each year voluntarily choose to use the report will include a summary of the SECURITIES AND EXCHANGE complaint and question form. Investors review process, as well as findings and COMMISSION who choose not to use the electronic recommendations. [Release No. IC–29691; File No. 812–13865] Investor Form receive the same level of Signed at Washington, DC, on June 10, service as those who do. The dual 2011. Country Investors Life Assurance purpose of the form is to make it easier Company, et al. Sandra Polaski, for the public to contact the agency with Deputy Undersecretary, International Affairs. complaints, questions, tips, or other June 9, 2011. [FR Doc. 2011–14893 Filed 6–15–11; 8:45 am] feedback and to further streamline the AGENCY: Securities and Exchange BILLING CODE 4510–28–P workflow of Commission staff that Commission (the ‘‘Commission’’). record, process, and respond to investor ACTION: Notice of application for an contacts. order pursuant to Section 26(c) of the SECURITIES AND EXCHANGE The SEC has used—and will continue Investment Company Act of 1940, as COMMISSION to use—the information that investors amended (the ‘‘1940 Act’’ or ‘‘Act’’), supply on the complaint and question approving certain substitutions of Submission for OMB Review; forms, and the electronic Investor Form securities. Comment Request to review and process the contact APPLICANTS: Upon Written Request, Copies Available (which may, in turn, involve responding COUNTRY Investors Life From: Securities and Exchange to questions, processing complaints, or, Assurance Company (the ‘‘Company’’), Commission, Office of Investor as appropriate, initiating enforcement COUNTRY Investors Variable Life Education and Advocacy, investigations), to maintain a record of Account (the ‘‘Life Account’’) and Washington, DC 20549–0213. contacts, to track the volume of investor COUNTRY Investors Variable Annuity complaints, and to analyze trends. Account (the ‘‘Annuity Account’’) ‘‘Investor Form;’’ SEC File No. 270–485; The Commission estimates that the (together, the ‘‘Applicants’’). OMB Control No. 3235–0547. total reporting burden for using the SUMMARY: Applicants seek an order Notice is hereby given that, pursuant Investor Form is 5,000 hours. The pursuant to Section 26(c) of the 1940 to the Paperwork Reduction Act of 1995 calculation of this estimate depends on Act approving the substitution of: (1) (44 U.S.C. 3501 et seq.), the Securities the number of investors who use the Shares of the Fidelity VIP Index 500

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Portfolio (‘‘Replacement Portfolio A’’) of application. The complete application combination of both, during the the Fidelity Variable Insurance Products may be obtained via the Commission’s accumulation period, and provide Funds II (the ‘‘Fidelity Fund II’’) for Web site by searching for the file settlement or annuity payment options shares of the COUNTRY VP Growth number, or for an applicant using the on a variable basis, a fixed basis, or a Fund (‘‘Replaced Portfolio A’’) of the Company name box, at http://www.sec. combination of both, during the income COUNTRY Mutual Funds Trust (the gov/search/search.htm, or by calling period. Under each of the Contracts, the ‘‘COUNTRY Fund’’); and (2) shares of (202) 551–8090. Company reserves the right to substitute shares of one underlying fund for shares the Fidelity VIP Investment Grade Bond Applicants’ Representations Portfolio (‘‘Replacement Portfolio B’’) of of another, or of another investment the Fidelity Variable Insurance Products 1. The Company is a stock life portfolio, including a portfolio of a Fund V (the ‘‘Fidelity Fund V’’) for insurance company organized under different management investment shares of the COUNTRY VP Bond Fund Illinois law in 1981. The Company is company. The prospectuses for the (‘‘Replaced Portfolio B’’) of the principally engaged in the offering of Contracts and the Accounts contain the COUNTRY Fund. Shares of life insurance policies and annuity appropriate disclosure of this right. Replacement Portfolio A, Replacement contracts, and is admitted to do 6. For as long as a variable life Portfolio B, Replaced Portfolio A, and business in 43 states. For purposes of insurance Contract remains in force or Replaced Portfolio B currently are held the Act, the Company is the depositor a variable annuity Contract remains in by the Life Account and the Annuity and sponsor of each of the Accounts, as force and has not yet been annuitized, Account (each an ‘‘Account,’’ together, those terms have been interpreted by the a Contract owner may transfer all or any the ‘‘Accounts’’) to support variable life Commission with respect to variable life part of the Contract value from one insurance or variable annuity contracts, insurance and variable annuity separate subaccount to any other subaccount respectively, issued by the Company accounts. without limit, although certain 2. Under the insurance law of Illinois, (each a ‘‘Contract,’’ collectively, the restrictions apply to transfers to and the assets of each Account attributable ‘‘Contracts’’). from the fixed account interest to the Contracts issued through that investment option under the Contract DATES: Filing Date: The Application Account are owned by the Company, funded by the Company’s general was filed on February 1, 2011 and but are held separately from the other account (the ‘‘Declared Interest amended and restated on May 13, 2011. assets of the Company for the benefit of Option’’). The Company reserves the Hearing or Notification of Hearing: the owners of, and the persons entitled right to revoke or modify the transfer An order granting the application will to payment under, those Contracts. Each privilege to discourage excessive trading be issued unless the Commission orders Account is a ‘‘separate account’’ as by Contract owners or to prevent a hearing. Interested persons may defined by Rule 0–1(e) under the Act. transfers that may have a detrimental request a hearing by writing to the Each Account is registered with the effect upon Contract owners, Secretary of the Commission and Commission as a unit investment trust subaccount unit values, the insurance serving Applicants with a copy of the (File No. 811–21394 (the Life Account); dedicated mutual fund portfolios request, personally or by mail. Hearing File No. 811–21330 (the Annuity underlying the subaccounts or the requests must be received by the Account)). Each Account is comprised Declared Interest Option. The Contracts Commission by 5:30 p.m. on July 5, of a number of subaccounts and each reserve to the Company the right to 2011, and should be accompanied by subaccount invests exclusively in one of assess a charge of $25 for transfers in proof of service on Applicants in the the insurance dedicated mutual fund excess of twelve per Contract year. form of an affidavit or, for lawyers, a portfolios made available as investment 7. The Company began offering the certificate of service. Hearing requests options underlying the Contracts. variable life insurance Contracts in should state the nature of the requester’s 3. The Life Account is currently January, 2004 (the ‘‘Original VLI interest, the reason for the request, and divided into 57 subaccounts. The assets Contracts’’) and discontinued offering the issues contested. Persons who wish of the Life Account support variable life the Original VLI Contracts on or about to be notified of a hearing may request insurance contracts, and interests in the December 1, 2008 once the Company notification by writing to the Secretary Account offered through such contracts received state approval to offer an of the Commission. have been registered under the enhanced version of the Original VLI ADDRESSES: Secretary, Securities and Securities Act of 1933, as amended (the Contracts (the ‘‘New VLI Contracts’’). Exchange Commission, 100 F Street, ‘‘1933 Act’’) on Form N–6 (File No. 333– Likewise, the Company began offering NE., Washington, DC 20549–1090. 106757). the variable annuity Contracts in Applicants, c/o Virginia L. Eves, 4. The Annuity Account is currently January, 2004 (the ‘‘Original VA Assistant General Counsel, Country divided into 57 subaccounts. The assets Contracts’’) and discontinued offering Investors Life Assurance Company, of the Annuity Account support variable the Original VA Contracts on or about 1701 N. Towanda Avenue, annuity contracts, and interests in the December 1, 2008 once the Company Bloomington, IL 61702–2901. Copies to Account offered through such contracts received state approval to offer an Thomas E. Bisset, Esq., Sutherland have been registered under the 1933 Act enhanced version of the Original VA Asbill & Brennan LLP, 1275 on Form N–4 (File No. 333–104424). Contracts (the ‘‘New VA Contracts’’). Pennsylvania Avenue, NW., 5. The Contracts are flexible premium The Company discontinued offering the Washington, DC 20004–2415. variable life insurance and variable New VLI Contracts and New VA annuity contracts. The variable life Contracts on or about November 30, FOR FURTHER INFORMATION CONTACT: insurance Contracts provide for the 2010. Alison T. White, Senior Counsel, or accumulation of values on a variable 8. Currently, there are 34 underlying Joyce M. Pickholz, Branch Chief, Office basis, a fixed basis, or a combination of mutual fund investment options of Insurance Products, Division of both, throughout the insured’s life, and available under the Original VLI Investment Management, at (202) 551– for a death benefit upon the death of the Contracts and the Original VA 6795. insured. The variable annuity Contracts Contracts. Following the substitution SUPPLEMENTARY INFORMATION: The provide for the accumulation of values transactions there will be 32 underlying following is a summary of the on a variable basis, a fixed basis, or a mutual fund investment options

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available under the Original VLI investment portfolios, each with each portfolio and has registered such Contracts and the Original VA multiple share classes. The Fidelity shares under the 1933 Act on Form N– Contracts. Fund II issues a series of shares of 1A (File No. 033–17704). 9. Under the New VLI Contracts and beneficial interest in connection with 13. The investment objectives of each the New VA Contracts, there are 36 each portfolio and has registered such Replaced Portfolio and Replacement underlying mutual fund investment shares under the 1933 Act on Form N– Portfolio are as follows: options available under the Contracts. 1A (File No. 033–20773). Each portfolio a. Replaced Portfolio A and Following the substitution transactions of the Fidelity Fund II has entered into Replacement Portfolio A: The there will be 34 underlying mutual fund a management agreement with Fidelity COUNTRY VP Growth Fund seeks investment options available under the Management & Research Company growth of capital and dividend income, New VLI Contracts and the New VA (‘‘FMR’’) under which FMR acts as if any, will be incidental to this Contracts. investment adviser for the portfolio. objective. The Fidelity VIP Index 500 10. The COUNTRY Fund is organized Under the management agreement and Portfolio seeks investment results that as a Delaware business trust and pursuant to an exemptive order issued correspond to the total return of registered as an open-end management by the Commission, FMR also acts as a common stocks publicly traded in the investment company under the Act (File manager of managers for Replacement United States, as represented by the S&P No. 811–10475). The COUNTRY Fund Portfolio A, meaning that FMR has the 500 Index. currently offers 4 separate investment responsibility to oversee sub-advisers b. Replaced Portfolio B and portfolios, two of which would be for Replacement Portfolio A and Replacement Portfolio B: The involved in the proposed substitutions, recommend the hiring, termination and COUNTRY VP Bond Fund seeks the Replaced Portfolios. The COUNTRY replacement of such sub-advisers. maximum total return consistent with Fund issues a separate series of shares Subject to the approval of the Fidelity preservation of capital. The Fidelity VIP of beneficial interest in connection with Fund II board of trustees but without a Investment Grade Bond Portfolio seeks each Replaced Portfolio and has shareholder approval, FMR may replace as high a level of current income as is registered such shares under the 1933 or hire unaffiliated sub-advisers or consistent with the preservation of Act on Form N–1A (File No. 333– amend the terms of their existing sub- capital. 68270). COUNTRY Fund Management advisory agreements. 14. The advisory fees, other expenses (‘‘COUNTRY Advisor’’), a separately 12. The Fidelity Fund V is registered and total operating expenses (before and identifiable department of COUNTRY as an open-end management investment after any contractual waivers and Trust Bank, serves as the investment company under the Act (File No. 811– reimbursements) for the year ended adviser to each Replaced Portfolio. 05361) and currently offers thirty-one December 31, 2010, expressed as an 11. The Fidelity Fund II is registered (31) investment portfolios, each with annual percentage of average daily net as an open-end management investment multiple share classes. The Fidelity assets, of the Replaced Portfolios and company under the Act (File No. 811– Fund V issues a series of shares of the Replacement Portfolios are as 05511) and currently offers three (3) beneficial interest in connection with follows:

Replaced Portfolio A Replacement Portfolio A COUNTRY VP Fidelity VIP Index 500 Growth Fund Portfolio (percent) (percent)

Advisory Fees ...... 75 .10 Distribution and/or 12b–1 Fees ...... N/A .25 Other Expenses ...... 65 0.00

Total Operating Expenses ...... 1.40 .35 Less Contractual Fee Waivers and Expense Reimbursements ...... (.50) 0.00

Net Operating Expenses ...... 90 .35

Replaced Portfolio B Replacement Portfolio B COUNTRY Bond Fidelity VIP Investment Fund Grade Bond Portfolio (percent) (percent)

Advisory Fees ...... 50 .32 Other Expenses ...... 67 .11

Total Operating Expenses ...... 1.17 .43 Less Contractual Fee Waivers and Expense Reimbursements ...... (.46) (.01)

Net Operating Expenses ...... 71 .42

15. The investment performance of performance of Replaced Portfolio B performance of Replacement Portfolio A each Replacement Portfolio compares while the investment performance of trailed the investment performance of favorably to the investment performance Replacement Portfolio A slightly trailed Replaced Portfolio A, however, much of of the corresponding Replaced Portfolio. the investment performance of Replaced that underperformance can be traced For the last fiscal year, the investment Portfolio A. For the last five fiscal year directly to the extraordinary market performance of Replacement Portfolio B period and ten fiscal year/since conditions that existed in fiscal year significantly exceeded the investment inception period, the investment 2008. In that regard, Replacement

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Portfolio A significantly outperformed determined by the Company following to impose additional charges for Replaced Portfolio A in fiscal year 2009. receipt of a Commission order granting transfers until at least 30 days after the For the last five fiscal year period and substitution relief (the ‘‘Substitution’’). Substitution Date. for the ten fiscal year/since inception Contract owners will receive advance 23. Within five days after the period, the investment performance of notice of the date of the Substitution Substitution Date, Contract owners who Replacement Portfolio B exceeded the (the ‘‘Substitution Date’’). are affected by the substitutions will be investment performance of Replaced 19. By supplements to the sent a written notice informing them Portfolio B. In addition, each prospectuses for the registration that the substitutions were carried out. Replacement Portfolio has a longer statements of the Accounts filed with The notice also will reiterate the facts history of investment performance than the Commission on February 2, 2011 that: (1) For at least 30 days after the that of the corresponding Replaced (collectively, the ‘‘2011 Supplements’’), Substitution Date, the Company will not Portfolio. the Company notified owners of the exercise any rights reserved by it under 16. For those Contracts that are in Contracts of its intention to take the the Contract to impose additional force on the date of the proposed necessary actions, including seeking the charges for transfers; and (2) for 30 days substitutions, the Company will take the order requested by this amended and following the Substitution Date, following action during the twenty-four restated application, to carry out the Contract owners may transfer months following the date of the proposed substitutions as described accumulated Contract value that was proposed substitutions. On the last day herein. transferred into the Replacement of each fiscal period (not to exceed a 20. The 2011 Supplements advised Subaccounts as a result of the fiscal quarter), the Company will Contract owners that accumulated substitution out of the Replacement reimburse Contract owners to the extent Contract value may continue to remain Subaccounts and into the Declared that the sum of the operating expenses in the Discontinued Subaccounts after Interest Option and the other of the Replacement Portfolio (taking into the Closing Date until the Substitution subaccounts available under the account any fee waivers and expense Date. After the Closing Date, however, Contracts free of charge and without reimbursements) and subaccount Contract owners will not be able to such transfers counting against the expenses for such period exceed, on an allocate premium payments or transfer number of free transfers allowed each annualized basis, the sum of the accumulated Contract value to the Contract year. operating expenses of the corresponding Discontinued Subaccounts from the 24. The Company will carry out the Replaced Portfolio (taking into account Declared Interest Option or from the proposed substitutions by redeeming any fee waivers and expense other subaccounts available under the shares of each Replaced Portfolio held reimbursements) and subaccount Contract. Prospectuses for the Contracts by the Accounts for cash and applying expenses for the fiscal year preceding dated May 1, 2011 also provided the proceeds to the purchase of shares the date of the proposed substitution. In Contract owners the same information of the corresponding Replacement addition, for twenty-four months included in the 2011 Supplements as Portfolio. Redemption requests and following the proposed substitutions, well as more detailed information purchase orders will be placed the Company will not increase asset- regarding each Replaced Portfolio and simultaneously so that Contract values based fees or charges for Contracts each Replacement Portfolio. will remain fully invested at all times. outstanding on the date of the proposed 21. In addition, the Company has All redemptions of shares of the substitutions. forwarded to each Contract owner Replaced Portfolios and purchases of 17. The Board of Trustees of the invested in a Replaced Portfolio the shares of the Replacement Portfolios COUNTRY Fund voted to close the most recent prospectus for the Replaced will be effected in accordance with Rule Replaced Portfolios to new investment Portfolio and the corresponding 22c–1 of the Act. as of April 29, 2011, and to liquidate the Replacement Portfolio. 25. The proposed substitutions will Replaced Portfolios on or before June 22. From the date of the 2011 take place at relative net asset value and 30, 2012, the Liquidation Date. In turn, Supplements, Contract owners may will not result in a change in the the COUNTRY VP Growth Fund transfer accumulated Contract value amount of any Contract owner’s Subaccount and the COUNTRY VP from the Discontinued Subaccounts to accumulated Contract value or death Bond Fund Subaccount (together the the Declared Interest Option and the benefit, or in the dollar value of his or ‘‘Discontinued Subaccounts’’) that other subaccounts available under the her investment in any of the Accounts. invest in Replaced Portfolio A and Contract free of charge and without such Contract owners will not incur any fees Replaced Portfolio B, respectively, also transfers counting against the number of or charges as a result of the proposed are no longer available for new free transfers allowed each Contract substitutions, nor will their rights or the investments (allocation of premium year. For 30 days following the Company’s obligations under the payments and transfers) as of April 29, Substitution Date, Contract owners Contracts be altered in any way. All 2011 (the ‘‘Closing Date’’) and will be whose accumulated Contract value was applicable expenses incurred in discontinued altogether under the transferred to the Replacement connection with the proposed Contracts on a date no later than the Subaccounts as a result of the substitutions, including brokerage Liquidation Date. Substitution may transfer accumulated commissions and legal, accounting, and 18. If the Commission grants this Contract value from the Replacement other fees and expenses, will be paid by request for substitution relief, Contract Subaccounts to the Declared Interest the Company. In addition, the proposed owners’ investment in the COUNTRY Option and the other subaccounts substitutions will not result in adverse VP Growth Fund Subaccount and the available under the Contract free of tax consequences for, and will not alter, COUNTRY VP Bond Fund Subaccount charge and without such transfers the tax benefits to Contract owners. The will automatically be transferred to the counting against the number of free proposed substitutions will not cause applicable Fidelity VIP Index 500 transfers. Although the Company has no the Contract fees and charges currently Portfolio Subaccount and the Fidelity present intention to increase the charge being paid by existing Contract owners VIP Investment Grade Bond Portfolio for transfers under the Contracts, the to be greater after the proposed Subaccount (the ‘‘Replacement Company will agree not to exercise any substitutions than before the proposed Subaccounts’’), respectively, as of a date rights reserved by it under the Contracts substitutions.

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26. Applicants believe that Contract Applicants’’); their respective separate Applicants and PIMCO EqS VIT in the owners will be better off with the accounts Allianz Life Variable Account form of an affidavit or, for lawyers, a Replacement Portfolios than with the A (‘‘Allianz Account A’’), Allianz Life certificate of service. Hearing requests Replaced Portfolios, and that the Variable Account B (‘‘Allianz Account should state the nature of the requester’s proposed substitutions also are unlike B’’), and Allianz Life of NY Variable interest, the reason for the request, and the type of substitution that Section Account C (‘‘Allianz Account C’’) the issues contested. Persons who wish 26(c) was designed to prevent. (collectively with the Insurance to be notified of a hearing may request Company Applicants, the notification by writing to the Secretary Conclusion ‘‘Applicants’’); and PIMCO Equity of the Commission. For the reasons and upon the facts set Series VIT (the ‘‘PIMCO EqS VIT’’ and ADDRESSES: Secretary, SEC, 100 F Street, forth above, Applicants submit that the collectively with the Applicants, the NE., Washington, DC 20549–1090. requested order meets the standards set ‘‘Section 17 Applicants’’). Applicants: Allianz Life Insurance forth in Section 26(c). Applicants Summary of Application: The Company of North America, Allianz Life request an order of the Commission, Applicants seek an order pursuant to Variable Account A, and Allianz Life pursuant to Section 26(c) of the Act, Section 26(c) of the 1940 Act, approving Variable Account B, 5701 Golden Hills approving the Substitutions. the substitution of the securities of the Dr., Minneapolis, MN 55416–1297; For the Commission, by the Division of PIMCO EqS Pathfinder Portfolio for the Allianz Life Insurance Company of New Investment Management, pursuant to securities of the Mutual Global York, and Allianz Life of NY Variable delegated authority. Discovery Securities Fund (the Account C, One Chase Manhattan Plaza, Cathy H. Ahn, ‘‘Substitution) held by Allianz Account 37th Floor, New York, NY 10005–1423; Deputy Secretary. A, Allianz Account B, or Allianz and PIMCO Equity Series VIT, 840 [FR Doc. 2011–14859 Filed 6–15–11; 8:45 am] Account C (collectively, the ‘‘Separate Newport Center Drive, Newport Beach, BILLING CODE 8011–01–P Accounts’’ or ‘‘Separate Account CA 92660. Applicants’’) to support certain FOR FURTHER INFORMATION CONTACT: individual variable annuity contracts Sally Samuel, Senior Counsel, or Joyce and variable life insurance contracts SECURITIES AND EXCHANGE M. Pickholz, Branch Chief, Office of (the ‘‘Contracts’’) issued by Allianz Life COMMISSION Insurance Products, Division of and Allianz NY. The Section 17 Investment Management, at (202) 551– [[Release No. IC–29693; File No. 812–13821] Applicants seek an order pursuant to 6795. Allianz Life Insurance Company of Section 17(b) of the 1940 Act exempting SUPPLEMENTARY INFORMATION: The North America, et al; Notice of them from Section 17(a) of the Act to following is a summary of the Application the extent necessary to permit them to engage in certain in-kind transactions in application. The complete application June 10, 2011. connection with the Substitution. may be obtained via the Commission’s AGENCY: Securities and Exchange Filing Date: The application was filed Web site by searching for the file Commission (‘‘SEC’’ or ‘‘Commission’’). on September 14, 2010, and amended number, or for an applicant using the ACTION: Notice of application for an on October 6, 2010, October 12, 2010 Company name box, at http:// order approving the substitution of and May 26, 2011. www.sec.gov/search/search.htm, or by certain securities pursuant to Section Hearing or Notification of Hearing: calling (202) 551–8090. 26(c) of the Investment Company Act of An order granting the application will Applicants’ and PIMCO EqS VIT’s 1940, as amended (the ‘‘1940 Act’’ or be issued unless the Commission orders Representations: ‘‘Act’’) and an order of exemption a hearing. Interested persons may 1. The Applicants propose to pursuant to Section 17(b) of the Act request a hearing by writing to the substitute certain classes of shares of the from Section 17(a) of the Act. Secretary of the Commission and PIMCO EqS Pathfinder Portfolio (the serving Applicants and PIMCO EqS VIT ‘‘Replacement Fund’’) for the Applicants: Allianz Life Insurance with a copy of the request, personally or corresponding class of shares of the Company of North America (‘‘Allianz by mail. Hearing requests should be Mutual Global Discovery Securities Life’’) and Allianz Life Insurance received by the Commission by 5:30 Fund (the ‘‘Replaced Fund’’) currently Company of New York (‘‘Allianz NY’’) p.m. on July 5, 2011, and should be held by the Separate Accounts, as (together the ‘‘Insurance Company accompanied by proof of service on shown in the table below:

THE REPLACEMENT FUND AND THE REPLACED FUND [Each a ‘‘Fund’’ and collectively the ‘‘Funds’’]

Replacement Fund Replaced Fund (investment adviser) Share classes (investment adviser) Share classes

PIMCO EqS Pathfinder Portfolio TM ...... Institutional Class ...... Mutual Global Discovery Securities Fund (Frank- Class 1 (Pacific Investment Management Company LLC Advisor Class * ...... lin Mutual Advisers, LLC). Class 2* or ‘‘PIMCO’’). * A distribution (12b–1) fee is assessed against assets attributable to this class of shares at the annual rate of 0.25% of the average daily net assets attributable to the class.

2. The Replacement Fund is a series investment company under the 1940 Securities Act of 1933, as amended (the of the PIMCO EqS VIT, a Delaware Act (File No. 811–22376) and its shares ‘‘1933 Act’’) (File No. 333–164078). statutory trust. The PIMCO EqS VIT is are registered as securities under the 3. Shares of the Replacement Fund are registered as an open-end management sold to separate accounts of Allianz Life and Allianz NY for the purpose of

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funding variable annuity contracts and Products Trust (‘‘FTVIPT’’), a Delaware managed by Franklin Mutual Advisers, variable life insurance policies. The statutory trust. FTVIPT is registered as LLC, which is not an affiliate of the Replacement Fund is managed by an open-end management investment Insurance Company Applicants. PIMCO, an affiliate of the Insurance company under the 1940 Act (File No. 5. The following table shows the Company Applicants. 811–05583), and its shares are registered inception date and net assets at 4. The Replaced Fund is a series of as securities under the 1933 Act (File December 31, 2010, for each class of Franklin Templeton Variable Insurance No. 033–23493). The Replaced Fund is shares of the Replaced Fund:

Net assets at Replaced Fund Inception date December 31, 2010

Mutual Global Discovery Securities Fund: Class 1 ...... Nov. 8, 1996 ...... $84.2 million* Class 2 ...... Jan. 6, 1999 ...... 1.35 billion** * As of December 31, 2010, approximately 99.9% of the assets in Class 1 of the Replaced Fund would have been transferred to Institutional Class of the Replacement Fund. ** As of December 31, 2010, approximately 36.4% of the assets in Class 2 of the Replaced Fund would have been transferred to Advisor Class of the Replacement Fund.

6. The following table shows the December 31, 2010, for each class of inception date and net assets at shares of the Replacement Fund:

Net assets at Replacement Fund Inception date December 31, 2010

PIMCO EqS Pathfinder PortfolioTM Institutional Class ...... April 14, 2010 ...... $3.3 million. Advisor Class ...... April 14, 2010 ...... 2.5 million.

7. Subaccounts investing in Class 1 longer be offered under any Contract under the 1940 Act (File No. 811– shares of the Replaced Fund and issued by Allianz Life or Allianz NY. 04965). Institutional Class shares of the 10. Allianz Life is a stock life 13. Allianz Account B is a segregated Replacement Fund are available only to insurance company organized under the asset account of Allianz Life. Allianz owners of certain Contracts that are no laws of the state of Minnesota in 1896. Account B was established by Allianz longer offered for sale by the Insurance Allianz Life offers fixed and variable Life on May 31, 1985, under Minnesota Company Applicants. Pursuant to the annuities and individual life insurance. insurance laws. Allianz Account B is proposed Substitution, the Insurance Allianz Life is licensed to do direct used to fund certain variable annuity Company Applicants will replace shares business in 49 states and the District of contracts issued by Allianz Life. Allianz of subaccounts investing in Class 1 Columbia. Allianz Life is a subsidiary of Account B is divided into a number of shares of the Replaced Fund on the date Allianz SE, a ‘‘Societas Europaea’’ or subaccounts, each of which invests in of the Substitution with Institutional European stock corporation. and reflects the investment performance Class shares of the Replacement Fund. of a specific Investment Option. Allianz 11. Allianz NY is a stock life Account B is registered as a unit 8. Subaccounts investing in Class 2 insurance company organized under the investment trust under the 1940 Act shares of the Replaced Fund and laws of the state of New York on (File No. 811–05618). Advisor Class shares of the Replacement September 21, 1982. Allianz NY offers 14. Allianz Account C is a segregated Fund are available to owners of various fixed and variable annuities. Allianz NY asset account of Allianz NY. Allianz Contracts, including Contracts that are is licensed to do direct business in six Account C was established by Allianz no longer offered for sale and Contracts states, including New York and the NY on February 26, 1988, under New currently offered for sale by the District of Columbia. York insurance laws. Allianz Account C Insurance Company Applicants. 12. Allianz Account A is a segregated is used to fund certain variable annuity Pursuant to the proposed Substitution, asset account of Allianz Life. Allianz contracts issued by Allianz NY. Allianz the Insurance Company Applicants will Account A was established by Allianz Account C is divided into a number of replace shares of subaccounts investing Life on May 31, 1985, under Minnesota subaccounts, each of which invests in in Class 2 shares of the Replaced Fund insurance laws. Allianz Account A is and reflects the investment performance on the date of the Substitution with used to fund certain variable life of a specific Investment Option. Allianz Advisor Class shares of the Replacement insurance policies issued by Allianz Account C is registered as a unit Fund. Life. Allianz Account A is divided into investment trust under the 1940 Act 9. It is currently anticipated that the a number of subaccounts, each of which (File No. 811–05716). Substitution will occur on or about July invests in and reflects the investment 15. The table below shows current 22, 2011, or as soon thereafter as may performance of a specific underlying and effective registration statements be practicable following receipt of the registered investment company or with the Commission for Contracts requested Order of the Commission (the portfolio thereof (each an ‘‘Investment funded by Allianz Account B that offer ‘‘Substitution Date’’). Following the Option’’). Allianz Account A is the Replaced Fund as an Investment Substitution, the Replaced Fund will no registered as a unit investment trust Option:

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Number of Investment Separate account Registration Contract name Type of contract Options No. (total/unaf- filiated)

Allianz Account B ...... 333–82329 Allianz Alterity (2) ...... Variable Deferred Annuity ...... 67/25 Allianz Account B ...... 333–145866 Allianz Connections (2) ...... Variable Deferred Annuity ...... 52/11 Allianz Account B ...... 333–90260 Allianz High Five (2) ...... Variable Deferred Annuity ...... 61/24 Allianz Account B ...... 333–120181 Allianz High Five L.(2) ...... Variable Deferred Annuity ...... 57/20 Allianz Account B ...... 333–95729 Allianz Rewards (2) ...... Variable Deferred Annuity ...... 66/25 Allianz Account B ...... 333–139701 Allianz Vision (2) ...... Variable Deferred Annuity ...... 52/11 Allianz Account B ...... 33–23035 Valuemark II (1) ...... Variable Deferred Annuity ...... 62/25 Allianz Account B ...... 333–06709 Valuemark IV (1) ...... Variable Deferred Annuity ...... 62/25 (1) Only Class 1 shares are available through this contract. (2) Only Class 2 shares are available through this contract.

16. In addition, Allianz Life has the and Allianz Account B (the ‘‘A and B Replaced Fund as an Investment following registration statements that Great Wested Contracts’’). Although the Option: are no longer updated for eleven A and B Great Wested Contracts are no Contracts funded by Allianz Account A longer offered for sale, they do offer the

Number of Investment Separate account Registration Contract name Type of contract Options No. (Total/unaf- filiated)

Allianz Account B ...... 333–126217 Allianz Custom Income (2) ...... Variable Deferred Annuity ...... 28/8 Allianz Account B ...... 333–134267 Allianz Elite (2) ...... Variable Deferred Annuity ...... 49/13 Allianz Account A ...... 33–11158 Allianz ValueLife (1) ...... Flexible Premium Variable Uni- 32/17 versal Life. Allianz Account B ...... 333–111049 Allianz High Five Bonus (2) ...... Variable Deferred Annuity ...... 57/20 Allianz Account B ...... 333–63719 USAllianz Charter (2) ...... Variable Deferred Annuity ...... 42/23 Allianz Account B ...... 333–101812 USAllianz Charter II (2) ...... Variable Deferred Annuity ...... 46/22 Allianz Account B ...... 333–47886 USAllianz Dimensions (2) ...... Variable Deferred Annuity ...... 38/22 Allianz Account A ...... 333–60206 USAllianz LifeFund (2) ...... Flexible Premium Variable Uni- 44/22 versal Life. Allianz Account B ...... 33–72046 Valuemark III (1) ...... Variable Deferred Annuity ...... 62/25 Allianz Account B ...... 33–76190 Valuemark Income Plus (1) ...... Variable Immediate Annuity ...... 54/23 Allianz Account A ...... 33–15464 Valuemark Life (1) ...... Single Premium Variable Life ...... 32/17 (1) Only Class 1 shares are available through this contract. (2) Only Class 2 shares are available through this contract.

17. Currently Allianz NY has the Commission for one Contract funded by Replaced Fund as an Investment following current and effective Allianz Account C that offers the Option: registration statement with the

Number of Registration Investment Separate account No. Contract name Type of contract Options (Total/Unaf- filiated)

Allianz Account C ...... 333–143195 Allianz Vision NY-(Only Class 2 Variable Deferred Annuity ...... 52/11 shares available).

18. In addition, Allianz NY has the funded by Allianz Account C (the ‘‘C offered for sale, they do offer the following registration statements that Great Wested Contracts’’). Although the Replaced Fund as an Investment are no longer updated for six Contracts C Great Wested Contracts are no longer Option:

Number of Registration Investment Separate account No. Contract name Type of contract Options (Total/Unaf- filiated)

Allianz Account C ...... 333–19699 Allianz Advantage NY (2) ...... Variable Deferred Annuity ...... 65/25 Allianz Account C ...... 333–105274 Allianz Charter II NY (2) ...... Variable Deferred Annuity ...... 61/21 Allianz Account C ...... 333–124767 Allianz High Five NY (2) ...... Variable Deferred Annuity ...... 57/20 Allianz Account C ...... 333–75718 Allianz Opportunity NY (2) ...... Variable Deferred Annuity ...... 65/25

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Number of Investment Separate account Registration Contract name Type of contract Options No. (Total/Unaf- filiated)

Allianz Account C ...... 33–26646 Valuemark II NY (1) ...... Variable Deferred Annuity ...... 32/17 Allianz Account C ...... 333–19699 Valuemark IV NY (1) ...... Variable Deferred Annuity ...... 47/23 (1) Only Class 1 shares are available through this contract. (2) Only Class 2 shares are available through this contract.

19. Of the Contracts that offer the Replacement Fund now is managed by 23. For these reasons and the reasons Replaced Fund as an Investment the same portfolio managers, and with discussed below, the Applicants believe Option, only Allianz Vision and Allianz substantially the same mandate and that substituting the Replacement Fund Vision New York currently are offered value-oriented style, as the Replaced for the Replaced Fund is appropriate for sale. Fund prior to the transition. The and in the best interests of the contract 20. Under the Contracts, the Insurance Replaced Fund, on the other hand, now owners. Company Applicants reserve the right, is managed by a new portfolio 24. The Insurance Company subject to regulatory approval, to management team. Applicants believe that the Replacement substitute one of the Investment Options 22. The proposed Substitution also is Fund is an appropriate replacement for with another Investment Option after part of an overall business plan of the the Replaced Fund because its appropriate notice. Moreover, the investment objective is the same (both Contracts permit the Insurance Insurance Company Applicants to make funds seek capital appreciation) and its Company Applicants to limit allocation their respective products more efficient principal investment strategies are of purchase payments to one or more to monitor and administer and more substantially the same as those of the subaccounts that invest in an competitive (both in terms of new sales Replaced Fund. In addition, because the Investment Option. The prospectuses and the retention of existing business). principal investment risks of the for the Contracts also contain disclosure The Insurance Company Applicants Replaced Fund and the Replacement of these rights. believe that more concentrated and 21. The proposed Substitution is due streamlined operations for Investment Fund are substantially the same, the risk primarily to the fact that the Options will result in increased expectations of those contract owners Replacement Fund, which has the same operational and administrative with interests in the Replaced Fund will investment objective and substantially efficiencies and economies of scale for continue to be met after the similar investment strategies as the the Insurance Company Applicants. Substitution. Comparisons of the Replaced Fund, is managed by the same Having added the Replacement Fund as investment objectives, principal portfolio managers who previously an Investment Option to retain the investment policies and principal managed the Replaced Fund. The ability for Contract holders to invest in investment risks of the Funds are set Replacement Fund’s portfolio is jointly a value-oriented fund managed by Ms. forth in the application. managed by Anne Gudefin and Charles Gudefin and Mr. Lahr, the Insurance 25. The following chart compares the Lahr. Ms. Gudefin and Mr. Lahr were Company Applicants believe that it management fees and the total annual hired by PIMCO at the end of 2009, to would enhance operational and fund operating expenses (before and manage the Replacement Fund on its administrative efficiency to replace the after any waivers and reimbursements) inception in April, 2010; they Replaced Fund, which, with the same for the year ended December 31, 2010, previously served as the co-lead mandate and value-oriented style as the expressed as an annual percentage of portfolio managers of the Replaced Replacement Fund, is a largely average daily net assets, of the Replaced Fund since 2007. As a result, the redundant Investment Option. Fund and the Replacement Fund.

Mutual Global Discovery PIMCO EqS Pathfinder Securities Fund PortfolioTM (Replacement Fund) (Replaced Fund) (percent) (percent) Institutional Class 1 Class 2 class Advisor class

Management Fee ...... 0.80 0.80 (1) 0.75 (1) 0.75 Distribution (12b–1) Fees ...... 0.25 ...... 0.25 Other Expenses ...... 0.20 0.20 0.04 0.02 Acquired Fund Fees and Expenses ...... 0.02 0.02 Supervision and Administration Fee ...... (2) 0.35 (2) 0.35

Total Annual Fund Operating Expenses ...... 1.00 1.25 1.16 1.39 Fee Waiver/Expense Reimbursement ...... (3) (0.13) (3) (0.13)

Total Annual Fund Operating Expenses After Fee Waiver/Expense Reimbursement ...... 1.03 1.26 (1) Pursuant to an Investment Advisory Contract, dated March 30, 2010, PIMCO acts as investment adviser to the Replacement Fund and re- ceives, as compensation from the fund, an investment advisory fee of 0.75%.

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(2) Pursuant to a Supervision and Administration Agreement, dated March 30, 2010, PIMCO also acts as the administrator to the Replacement Fund and is responsible both for providing various supervisory and administrative services and for paying the expenses of various other services (such as audits, transfer agent, registrar, custodial services, shareholder meetings, ordinary legal fees, and fidelity bond/insurance premiums). As compensation for these services, PIMCO receives a supervisory and administrative fee of 0.35%. In its prospectus, the Replacement Fund dis- closes this fee together with the investment advisory fee as a combined management fee of 1.10%. The expenses incurred by the Replaced Fund for similar administrative services are included under Other Expenses. (3) PIMCO has contractually agreed, through May 1, 2012, to reduce its advisory fee by 0.13% of the average daily net assets of the Portfolio. This Fee Limitation Agreement renews annually unless terminated by PIMCO upon at least 30 days’ prior notice to the end of the contract term. Under certain conditions, PIMCO may recoup amounts reduced in future periods, not exceeding three years.

26. The assets and performance of the value of his or her investment in the to year and may exceed those of the Funds for the years ending December applicable Separate Account. Replaced Fund. 31, 2009 and December 31, 2010 are set 30. Affected contract owners will not 32. Contract owners have been forth in the application. incur any fees or charges in connection notified of the application by means of 27. Applicants hereby request the with the Substitution so that the net a Notice of Substitution sent on Commission’s approval to effect the asset value of redeemed shares of the May 25, 2011, stating that the substitution of shares of the Replaced Fund held by the Separate Applicants filed the initial application Replacement Fund for shares of the Account Applicants will be reflected in and seek approval for the Substitution. Replaced Fund as follows: Institutional the contract owners’ contract values The Notice of Substitution set forth the Class shares of the PIMCO EqS following the Substitution. Moreover, anticipated Substitution Date and Pathfinder Portfolio for Class 1 shares of neither the obligations of the respective the Mutual Global Discovery Securities advised affected contract owners that on Insurance Company Applicants under the Substitution Date contract values Fund; and Advisor Class shares of the the Contracts nor the rights of contract PIMCO EqS Pathfinder Portfolio for allocated to subaccounts investing in owners will be altered in any way by the shares of the Replaced Fund will be Class 2 shares of the Mutual Global Substitution. The Substitution will not transferred to subaccounts investing in Discovery Securities Fund. impose any tax liability or have any shares of the Replacement Fund, 28. At the close of business on the adverse tax consequences on contract Substitution Date, Allianz Life and owners. The Substitution will not cause without charge (including sales charges Allianz NY will each redeem shares of Contract fees and charges currently or surrender charges) and without being the Replaced Fund held by their being paid by existing owners of counted toward the number of transfers Separate Accounts in-kind or in cash, or Contracts to be greater after the that may be permitted without charge. a combination thereof, and apply the Substitution than they were before the 33. The Notice of Substitution also proceeds of such redemptions to the Substitution. For a period of at least 30 stated that, from the date of the Notice purchase of shares of the Replacement days following the Substitution, neither (May 25, 2011) through the date 30 days Fund. Thus, after the Substitution, each Allianz Life nor Allianz NY will after the Substitution (the ‘‘Free subaccount of the Separate Accounts exercise any right they may have under Transfer Period’’), the respective previously holding shares of the the Contracts to impose additional Insurance Company Applicants will Replaced Fund will hold shares of the 1 restrictions on transfers. allow the affected contract owners to Replacement Fund. 31. The Insurance Company make one transfer of contract value held 29. Redemption requests and Applicants represent that PIMCO and in each subaccount investing in the purchase orders will be placed the Replacement Fund will enter into a Replaced Fund (before the Substitution) simultaneously so that redemption of written contract agreeing that during the Replaced Fund shares and purchase of or Replacement Fund (after the 24 months following the Substitution Replacement Fund shares will both Substitution) to one or more Investment Date, the total annual fund operating occur at the price for such shares Options available pursuant to the expenses, net of any acquired fund fees computed as of the close of business on Contracts, subject to any Investment and expenses, of the Replacement Fund the Substitution Date in a manner Option allocation restrictions under (taking into account applicable fee consistent with Rule 22c–1 under the their Contract, without charge and waivers and expense reimbursements) 1940 Act. As a result, the full net asset without assessing transfer fees. Such a will not exceed the total annual fund value of the Replaced Fund shares held transfer will not be counted as a transfer operating expenses, net of any acquired by the Separate Account Applicants will request under any contractual fund fees and expenses, of the Replaced be reflected in the contract owners’ provisions of the Contracts that limit the Fund for the fiscal year ended December contract values following the number of transfers that may be made 31, 2010; this contractual expense Substitution, without reduction for without charge. Further, prior to the limitation will be set at 1.00% for brokerage or other such fees or charges. Institutional Class shares and 1.25% for Substitution, all affected contract All expenses incurred in connection Advisor Class shares. In addition, for owners will receive a copy of the most with the Substitution, including legal, the 24 months following the recent prospectus for the Replacement accounting, transactional, and other fees Substitution Date, the Insurance Fund. and expenses, including brokerage Company Applicants will not increase 34. Within five days following the commissions, will be paid by Allianz separate account fees and charges for Substitution, the Insurance Company Life, Allianz NY or PIMCO. the Contracts outstanding on the Accordingly, contract value attributable Applicants will send a Post-Substitution Substitution Date. Thereafter, total to contract owners then invested in the notice to affected contract owners annual fund operating expenses for the Replaced Fund will remain fully stating that the Substitution was carried Replacement Fund will vary from year invested at all times, and the out and reiterating the information set Substitution will take place at relative forth in the Notice, including a 1 One exception to this would be restrictions that reminder that the Free Transfer Period net asset value with no change in the Allianz Life or Allianz NY may impose to deter or amount of any contract owner’s contract prevent ‘‘market timing’’ activities by owners of will continue through the date 30 days value, death benefit, or in the dollar Contracts or their agents. after the Substitution.

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Applicants’ Legal Analysis and believes are undervalued. The risks are 8. Applicants submit that the Conditions similar for both Funds and are Substitution is consistent with the consistent with the risks generally protection of investors and the purposes Section 26(c) Relief applicable to the types of securities fairly intended by the policy and 1. Applicants submit that the (such as value-oriented equity provisions of the 1940 Act. Substitution does not present the type of securities, arbitrage securities and Section 17(b) Relief costly forced redemption or other harms distressed companies and foreign that Section 26(c) of the Act was securities) in which both funds invest. 1. The Section 17 Applicants request intended to guard against and is 5. In addition to identical investment that the Commission issue an order consistent with the protection of objectives and substantially similar pursuant to Section 17(b) of the 1940 investors and the purposes fairly principal investment strategies and Act exempting them from Section 17(a) intended by the 1940 Act. The risks, as well as total annual fund of the 1940 Act to the extent necessary Substitution is consistent with contract operating expenses that are expected to to permit Allianz Life and Allianz NY owners’ objectives and risk expectations be no higher (after waivers), the to carry out the Substitution by because the investment objective, advisory services that are provided to redeeming shares of the Replaced Fund principal investment strategies and risks the Replacement Fund by its investment in kind and using such proceeds to of the Replacement Fund are adviser are comparable to the types of purchase shares of the Replacement substantially similar to those of the advisory services provided to the Fund. Replaced Fund. In addition, the total Replaced Fund by its investment 2. Section 17(a)(1) of the 1940 Act annual fund operating expenses of the adviser. The investment advisory fee prohibits any affiliated person of a Replacement Fund will be no higher paid to PIMCO by the Replacement registered investment company, or an than those of the Replaced Fund, after Fund (0.75%) is slightly lower than the affiliated person of an affiliated person, applicable fee waivers and expense investment advisory fee paid to Franklin acting as principal, from selling any reimbursements that will be in place for Mutual Advisers by the Replaced Fund security or other property to such the Replacement Fund, for a period of (0.80%). registered investment company. Section at least 24 months following the 17(a)(2) of the 1940 Act prohibits any of Substitution. 6. The Contracts contain features that 2. Applicants represent that for a provide adequate protection to contract the persons described above, acting as period of 24 months from the date of the owners in the event of a substitution. principal, from purchasing any security Substitution, the PIMCO EqS Pathfinder Moreover, the Substitution will be or other property from such registered Portfolio will be subject to an expense subject to the following: (1) A contract investment company. cap (1.00% for Institutional Class owner may request that his or her 3. Applicants may be considered shares; 1.25% for Advisor Class shares) contract value be reallocated to another affiliates of the Replacement Fund based limiting its total annual fund operating Investment Option, subject to any upon the definition of ‘‘affiliated expenses, net of any acquired fund fees Investment Option allocation person’’ in Section 2(a)(3) of the 1940 and expenses, to an amount not to restrictions under their Contract, at any Act. Shares of the Replacement Fund exceed the total annual fund operating time during the Free Transfer Period are held by the Separate Accounts. expenses of the Mutual Global without charge. The Free Transfer Because shares held by a separate Discovery Securities Fund, net of any Period provides sufficient time for account of an insurance company are acquired fund fees and expenses, for the contract owners to reconsider their legally owned by the insurance fiscal year ended December 31, 2010. In Investment Options; (2) the Substitution company, Allianz Life and Allianz NY addition, for the 24 months following will be at the net asset value of the and their affiliates collectively own of the Substitution Date, the Insurance respective shares, without the record shares of the Replacement Fund. Company Applicants will not increase imposition of any transfer, brokerage or Further, PIMCO, which is an affiliated separate account fees and charges for similar charge; (3) neither the contract person of the Replacement Fund by the Contracts outstanding on the owners, the Replaced Fund, nor the virtue of Section 2(a)(3)(E) of the 1940 Substitution Date Replacement Fund will bear any costs of Act, is, like Allianz Life and Allianz NY, 3. Owners of Contracts who are the Substitution, and all legal, a wholly owned subsidiary of Allianz beneficial shareholders of the Replaced accounting, and transactional costs and SE. For these reasons, the Replacement Fund have been provided with any brokerage or other costs incurred in Fund is arguably under the control of appropriate Notice of the Substitution the Substitution will be paid by the Allianz Life and Allianz NY and Free Transfer Period. No 12b-1 fees Insurance Company Applicants or notwithstanding the fact that contract are assessed to Class 1 shares of the PIMCO, and accordingly, the owners may be considered the Replaced Fund or the Institutional Class Substitution will have no impact on the beneficial owners of those shares held shares of the Replacement Fund. contract owners’ contract values; (4) the in the Separate Accounts. If the Identical 12b-1 fees of 0.25% of average Substitution will in no way alter the Replacement Fund is under the control daily net assets are assessed to Class 2 contractual obligations of the Insurance of Allianz Life and Allianz NY, then shares of the Replaced Fund and the Company Applicants or the rights and each of Allianz Life and Allianz NY, or Advisor Class shares of the Replacement privileges of contract owners under the any person controlling Allianz Life and Fund. Contracts; and (5) the Substitution will Allianz NY, or any person under 4. Applicants submit that the in no way alter the tax benefits to common control with Allianz Life and investment objectives are the same and contract owners. Allianz NY, is an affiliated person of the the investment strategies are 7. The Applicants, on the basis of the Replacement Fund. Similarly, if the substantially the same for both Funds; facts and circumstances described above Replacement Fund is under the control both primarily invest in equity and in the application, have determined of Allianz Life and Allianz NY, then the securities (and securities convertible that it is in the best interests of contract Replacement Fund is an affiliated into, or that the adviser expects to be owners to substitute shares of the person of Allianz Life and Allianz NY, exchanged for, common or preferred Replaced Fund with shares of the and of any persons that control Allianz stock) of issuers that the manager Replacement Fund. Life and Allianz NY or are under

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common control with Allianz Life and on valuation procedures adopted by the safeguards that result in transactions Allianz NY. board of the PIMCO EqS VIT. The that are fair and reasonable to registered 4. At the close of business on the redeeming and purchasing values will investment company participants and Substitution Date, the Insurance be the same. Consistent with Rule 17a– preclude overreaching in connection Company Applicants will redeem shares 7(d) under the 1940 Act, no brokerage with an investment company by its of the Replaced Fund either in-kind or commissions, fees, or other affiliated persons. in cash, or a combination thereof, and remuneration will be paid by the 9. The board of the PIMCO EqS VIT use the proceeds of such redemptions to Replaced Fund or the Replacement has adopted procedures, as required by purchase shares of the Replacement Fund in connection with the in-kind paragraph (e)(1) of Rule 17a–7 under the Fund, with each subaccount of the transactions. If PIMCO declines to 1940 Act, pursuant to which the applicable Separate Account investing accept particular portfolio securities of Replacement Fund may purchase and the proceeds of its redemption from the the Replaced Fund for purchase in-kind sell securities to and from its affiliates. Replaced Fund in the Replacement of shares of the Replacement Fund, The Section 17 Applicants will carry Fund. Thus, the proposed transactions those positions will be liquidated by the out the proposed in-kind purchases in may involve a transfer of portfolio Replaced Fund and shares of the conformity with all of the conditions of securities by the Replaced Fund to Replacement Fund will be purchased Rule 17a–7 under the Act and the Allianz Life and Allianz NY. with cash. Replacement Fund’s policies and Immediately thereafter, Allianz Life and 7. Section 17(b) of the 1940 Act procedures relating to Rule 17a–7 under Allianz NY would purchase shares of provides that the Commission may, the Act, except that the consideration the Replacement Fund with the upon application, grant an order paid for the securities being purchased portfolio securities and/or cash received exempting any transaction from the or sold may not be entirely cash. from the Replaced Fund. This aspect of prohibitions of Section 17(a) of the l940 Nevertheless, the circumstances the Substitution may be deemed to Act if the evidence establishes that: surrounding the proposed Substitution involve one or more sales by Allianz (1) The terms of the proposed will be such as to offer to the Life or Allianz NY of securities or other transaction, including the consideration Replacement Fund the same degree of property to the Replacement Fund, and to be paid or received, are reasonable protection from overreaching that Rule could therefore be viewed as being and fair and do not involve 17a–7 under the Act provides to the prohibited by Section 17(a) of the l940 overreaching on the part of any person Replacement Fund generally in Act. Accordingly, the Section 17 concerned; (2) the proposed transaction connection with its purchase and sale of Applicants seek relief from Section is consistent with the policy of each securities under that Rule in the 17(a) of the 1940 Act for the in-kind registered investment company ordinary course of its business. In purchases and sales of the Replacement concerned, as recited in its registration particular, Allianz Life and Allianz NY Fund shares.2 statement and records found under the (or any of their affiliates) cannot effect 5. Any in-kind redemptions and 1940 Act; and (3) the proposed the proposed transactions at a price that purchases for purposes of the transaction is consistent with the is disadvantageous to the Replacement Substitution will be effected in a general purposes of the 1940 Act. Fund. Although the transactions may manner consistent with the investment 8. The Section 17 Applicants submit not be entirely for cash, each will be objectives and strategies of the Replaced that the terms of the Substitution, effected based upon (1) The Fund and the Replacement Fund. including the consideration to be paid independent market price of the PIMCO will review the securities and received, are reasonable and fair portfolio securities valued as specified holdings of the Replaced Fund and and do not involve overreaching on the in paragraph (b) of Rule 17a–7 under the determine which of the Replaced Fund’s part of any person concerned Act, and (2) the net asset value per share portfolio holdings would be suitable principally because the transactions will of each Fund involved valued in investments for the Replacement Fund conform with all but one of the accordance with the procedures in the overall context of the conditions enumerated in Rule 17a–7 disclosed in its respective registration Replacement Fund’s investment under the 1940 Act. The use of in-kind statement and as required by Rule 22c– objective and strategies and consistent transactions will not cause contract 1 under the 1940 Act. No brokerage with PIMCO’s management of the owner interests to be diluted. The commission, fee, or other remuneration Replacement Fund. PIMCO will accept proposed transactions will take place at will be paid to any party in connection only those securities as consideration relative net asset value in conformity with the proposed transactions. The for shares that it would have acquired with the requirements of Section 22(c) board of the PIMCO EqS VIT will for the Replacement Fund in a cash of the 1940 Act and Rule 22c–1 conduct its review of the transactions in transaction. The Section 17 Applicants thereunder with no change in the the same manner that it normally would submit that these portfolio securities amount of any contract owner’s contract follow in accordance with Rule 17a–7 will be of the type and quality that the value or death benefit or in the dollar under the l940 Act. Replacement Fund would have acquired value of his or her investment in any of 10. The proposed transactions also are with the proceeds from share sales had the Separate Accounts. The proposed reasonable and fair in that they will be the shares been sold for cash. transactions cannot be effected at a price effected in a manner consistent with the 6. The Section 17 Applicants state that is disadvantageous to either the public interest and the protection of that any securities to be paid out as Replaced Fund or the Replacement investors. Contract owners will be fully redemption proceeds and subsequently Fund. Contract owners will not suffer informed of the terms of the contributed to the Replacement Fund to any adverse tax consequences as a result Substitution and they will be provided effect the contemplated in-kind of the Substitution. Fees and charges a prospectus for the Replacement Fund. purchases of shares will be valued based under the Contracts will not increase In addition, contract owners will have because of the Substitution. Even the opportunity to make a free transfer 2 Any in-kind redemptions from the Replaced though they may not rely on Rule 17a– from the Replacement Fund to any other Fund will be effected in accordance with the 7 under the 1940 Act, the Section 17 available Investment Option offered conditions set forth in the Commission’s no-action letter issued to the Signature Financial Group Applicants submit that the Rule’s under their Contract, subject to any (publicly available December 28, 1999). conditions outline the type of Investment Option allocation

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restrictions under their Contract, during (‘‘SEC’’ or ‘‘Commission’’) the proposed Fee of $0.21 per contract for option the Free Transfer Period. rule change as described in Items I, II, orders that are routed to C2. 11. The Section 17 Applicants also and III, below, which Items have been C2 recently amended its Fees submit that the Substitution is prepared by the Exchange. The Schedule to increase its public customer consistent with the policies of the Commission is publishing this notice to taker fee from $.15 to $.25.4 The Replaced Fund and the Replacement solicit comments on the proposed rule Exchange is proposing to amend its Fund as recited in the current change from interested persons. Customer Routing Fee to C2 to account registration statement and reports filed for this increase. The Exchange under the 1940 Act. I. Self-Regulatory Organization’s proposes to amend its Fee Schedule to 12. In addition, the Section 17 Statement of the Terms of Substance of assess a Customer Routing Fee of $0.31 Applicants submit that the proposed the Proposed Rule Change per contract for option orders that are Substitution is consistent with the The Exchange proposes to amend its routed to C2. general purposes of the 1940 Act as Customer Routing Fee governing pricing In May 2009, the Exchange adopted stated in the Findings and Declaration for Exchange members using the Phlx Rule 1080(m)(iii)(A) to establish Nasdaq of Policy in Section 1 of the 1940 Act. XL II system,3 for routing standardized Options Services LLC (‘‘NOS’’), a The proposed transactions do not equity and index option Customer member of the Exchange, as the present any of the conditions or abuses orders to the C2 Options Exchange, Inc. Exchange’s exclusive order router.5 NOS that the 1940 Act was designed to (‘‘C2’’) for execution. is utilized by the Phlx XL II system prevent. Securities to be paid out as While fee changes pursuant to this solely to route orders in options listed redemption proceeds from the Replaced proposal are effective upon filing, the and open for trading on the Phlx XL II Fund and subsequently contributed to Exchange has designated these changes system to destination markets. Each the Replacement Fund to effect the to be operative on July 1, 2011. time NOS routes to away markets NOS contemplated in-kind purchases of The text of the proposed rule change is charged a $0.06 clearing fee and, in shares will be valued in accordance is available on the Exchange’s Web site the case of certain exchanges, a with the requirements of Rule 17a–7 at http://nasdaqtrader.com/ transaction fee is also charged in certain under the l940 Act. Therefore, there will micro.aspx?id=PHLXfilings, at the symbols, which fees are passed through be no change in value to any contract principal office of the Exchange, at the to the Exchange. The Exchange is owner as a result of the Substitution. Commission’s Public Reference Room, proposing this amendment in order to and on the Commission’s Web site at recoup clearing and transaction charges Conclusion http://www.sec.gov. incurred by the Exchange when For the reasons and upon the facts set II. Self-Regulatory Organization’s Customer orders are routed to C2.6 forth above and in the application, the Statement of the Purpose of, and As with all fees, the Exchange may Applicants and the Section 17 Statutory Basis for, the Proposed Rule adjust these Routing Fees in response to Applicants believe that the requested Change competitive conditions by filing a new order meets the standards set forth in proposed rule change. While fee Section 26(c) of the Act and Section In its filing with the Commission, the changes pursuant to this proposal are 17(b) of the Act, respectively, and Exchange included statements effective upon filing, the Exchange has should therefore, be granted. concerning the purpose of and basis for designated these changes to be operative the proposed rule change and discussed on July 1, 2011. For the Commission, by the Division of any comments it received on the Investment Management, under delegated 2. Statutory Basis authority. proposed rule change. The text of these statements may be examined at the Cathy H. Ahn, The Exchange believes that its places specified in Item IV below. The Deputy Secretary. proposal to amend its Fee Schedule is Exchange has prepared summaries, set consistent with Section 6(b) of the Act 7 [FR Doc. 2011–14895 Filed 6–15–11; 8:45 am] forth in sections A, B, and C below, of in general, and furthers the objectives of BILLING CODE 8011–01–P the most significant aspects of such Section 6(b)(4) of the Act 8 in particular, statements. in that it is an equitable allocation of SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s reasonable fees and other charges among COMMISSION Statement of the Purpose of, and Exchange members. Statutory Basis for, the Proposed Rule The Exchange believes that this fee is [Release No. 34–64645; File No. SR–Phlx- Change reasonable because it seeks to recoup 2011–81] costs that are incurred by the Exchange 1. Purpose when routing Customer orders to C2 on Self-Regulatory Organizations; Notice behalf of its members. Each destination of Filing and Immediate Effectiveness The purpose of the proposed rule market’s transaction charge varies and of Proposed Rule Change by NASDAQ change is to recoup costs that the there is a standard clearing charge for OMX PHLX LLC Relating to Routing Exchange incurs for routing and each transaction incurred by the Fees executing Customer orders in equity and index options to C2. June 10, 2011. The Exchange’s Fee Schedule 4 See Securities Exchange Act Release No. 64390 Pursuant to Section 19(b)(1) of the includes Routing Fees for routing and (May 4, 2011), 76 FR 27117 (May 10, 2011) (SR– executing Customer and Professional C2–2011–011). Securities Exchange Act of 1934 5 See Securities Exchange Act Release No. 59995 (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 orders to away markets. The Exchange (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– notice is hereby given that on June 7, currently assesses a Customer Routing Phlx–2009–32). 2011, NASDAQ OMX PHLX LLC 6 The Exchange is proposing to recoup the $.25 (‘‘Phlx’’ or ‘‘Exchange’’) filed with the 3 For a complete description of Phlx XL II, see per contract public customer transaction fee for orders routed to C2 along with the $0.06 clearing Securities and Exchange Commission Securities Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR–Phlx– fee which is incurred by the Exchange, as explained 2009–32). The instant proposed fees will apply only above. See C2 Fees Schedule. 1 15 U.S.C. 78s(b)(1). to option orders entered into, and routed by, the 7 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. Phlx XL II system. 8 15 U.S.C. 78f(b)(4).

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Exchange. The Exchange believes that 100 F Street, NE., Washington, DC notice is hereby given that, on June 2, the proposed Routing Fee would enable 20549–1090. 2011, the Chicago Stock Exchange, Inc. the Exchange to recover the public All submissions should refer to File (‘‘CHX’’ or ‘‘Exchange’’) filed with the customer transaction fee assessed by C2, Number SR–Phlx–2011–81. This file Securities and Exchange Commission plus clearing fees for the execution of number should be included on the (‘‘Commission’’) the proposed rule Customer orders. The Exchange also subject line if e-mail is used. To help the change as described in Items I and II believes that the proposed Routing Fee Commission process and review your below, which Items have been prepared is equitable because it would be comments more efficiently, please use by the Exchange. CHX has filed this uniformly applied to all Customers. only one method. The Commission will proposal pursuant to Exchange Act Rule post all comments on the Commission’s 19b–4(f)(6) 3 which is effective upon B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ filing with the Commission. The Statement on Burden on Competition rules/sro.shtml). Copies of the Commission is publishing this notice to The Exchange does not believe that submission, all subsequent solicit comments on the proposed rule the proposed rule change will impose amendments, all written statements change from interested persons. any burden on competition not with respect to the proposed rule I. Self-Regulatory Organization’s necessary or appropriate in furtherance change that are filed with the Statement of the Terms of Substance of of the purposes of the Act. Commission, and all written the Proposed Rule Change communications relating to the C. Self-Regulatory Organization’s CHX proposes to add Article 4, Rule Statement on Comments on the proposed rule change between the Commission and any person, other than 1 (Book Feed) to include an explicit Proposed Rule Change Received From description of the Exchange’s Book Feed Members, Participants, or Others those that may be withheld from the public in accordance with the information service. The text of this No written comments were either provisions of 5 U.S.C. 552, will be proposed rule change is available on the solicited or received. available for Web site viewing and Exchange’s Web site at (http:// printing in the Commission’s Public www.chx.com) and in the Commission’s III. Date of Effectiveness of the Public Reference Room. Proposed Rule Change and Timing for Reference Room, 100 F Street, NE., Commission Action Washington, DC 20549, on official II. Self-Regulatory Organization’s business days between the hours of 10 Statement of the Purpose of, and The foregoing rule change has become a.m. and 3 p.m. Copies of such filing Statutory Basis for, the Proposed Rule effective pursuant to Section also will be available for inspection and Change 19(b)(3)(A)(ii) of the Act.9 At any time copying at the principal office of the In its filing with the Commission, the within 60 days of the filing of the Exchange. All comments received will CHX included statements concerning proposed rule change, the Commission be posted without change; the the purpose of and basis for the summarily may temporarily suspend Commission does not edit personal proposed rule changes and discussed such rule change if it appears to the identifying information from any comments it received regarding the Commission that such action is submissions. You should submit only proposal. The text of these statements necessary or appropriate in the public information that you wish to make may be examined at the places specified interest, for the protection of investors, available publicly. All submissions in Item IV below. The CHX has prepared or otherwise in furtherance of the should refer to File Number SR–Phlx– summaries, set forth in sections A, B purposes of the Act. If the Commission 2011–81 and should be submitted on or and C below, of the most significant takes such action, the Commission shall before July 7, 2011. aspects of such statements. institute proceedings to determine For the Commission, by the Division of whether the proposed rule should be Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s approved or disapproved. authority.10 Statement of the Purpose of, and IV. Solicitation of Comments Cathy H. Ahn, Statutory Basis for, the Proposed Rule Deputy Secretary. Change Interested persons are invited to submit written data, views, and [FR Doc. 2011–14903 Filed 6–15–11; 8:45 am] 1. Purpose arguments concerning the foregoing, BILLING CODE 8011–01–P The Exchange makes information including whether the proposed rule about display-eligible orders sent to and change is consistent with the Act. SECURITIES AND EXCHANGE trades executed on the Exchange Comments may be submitted by any of COMMISSION available to Participants and other the following methods: interested persons via its Book Feed [Release No. 34–64644; File No. SR–CHX– Service. The purpose of making this Electronic Comments 2011–11] information available is to increase the • Use the Commission’s Internet Self-Regulatory Organizations; transparency of orders and trading comment form (http://www.sec.gov/ activity on the Exchange. The Book rules/sro.shtml); or Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness Feed service became effective pursuant • Send an e-mail to rule- to a rule filing made with the [email protected]. Please include File of Proposed Rule Change To Add a Rule Concerning the CHX Book Feed Commission in 2007, but the service Number SR–Phlx–2011–81 on the was not described in the Exchange’s subject line. June 10, 2011. rules.4 In order to remove any potential Paper Comments Pursuant to Section 19(b)(1) of the ambiguity about the nature of the Securities Exchange Act of 1934 Exchange’s technology and • Send paper comments in triplicate (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 communications offerings, we are now to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 10 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1). 4 Securities Exchange Act Release No. 56611 (Oct. 9 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. 4, 2007), 72 FR 57980 (Oct. 11, 2007).

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proposing to add language to our rules to a recipient which has entered into a 2007.15 By adding a description of the describing the Book Feed. The Book Book Feed Subscriber agreement with nature of the Book Feed service to the Feed service has not changed in any the Exchange and in a form acceptable Exchange’s rules, this proposal material respect.5 Use of the Book Feed to the Exchange.9 No market participant advances the purposes of the Exchange service by any Exchange Participant is is required to subscribe to the Book Act by providing added clarity about the entirely optional and is not required to Feed service. The Exchange believes nature and extent of certain services direct orders to our Matching System for that some market participants will be offered by the Exchange to its execution or display. interested in receiving our Book Feed Participants, and thereby contributing to New Article 4, Rule 1 governs the transmission since it provides the ability of our members in complying provision by the Exchange of its Book additional information about the orders with the requirements related to those Feed data service. The CHX Book Feed residing in the Matching System beyond services. distributes data regarding orders what is available from the SIPs.10 B. Self-Regulatory Organization’s received and trades executed by the Any charges for the Exchange’s Book Statement on Burden on Competition Matching System, our trading facility. Feed service would be specified in our The Book Feed service supplements the Schedule of Fees and Assessments. The Exchange does not believe that market data provided by the Exchange Currently, the Fee Schedule provides the proposed rule change will impose through the industry-mandated that the Book Feed shall be available any burden on competition that is not Securities Information Processors or free of charge to subscribers.11 Rule necessary or appropriate in furtherance SIPs (currently Nasdaq and SIAC). The 603(a)(2) for Regulation NMS requires of the purposes of the Act. As noted SIPs collect market data from each trading centers to distribute market data above, the Exchange believes that its trading center, consolidate it into a ‘‘on terms that are not unreasonably Book Feed service will compete with unified transmission, and disseminate it discriminatory.’’ 12 The policy of the the existing market data products issued to market participants, including market Exchange is to require that all Book by other exchanges and will assist the data vendors. Feed recipients execute a subscriber Exchange in attracting and retaining The CHX Book Feed is intended to agreement. This requirement applies order flow. The Exchange further augment the market data provided by equally to all recipients and therefore believes that the added transparency the SIPs by providing additional detail the Exchange believes that its proposal offered by the Book Feed service will about orders resident in the Exchange’s satisfies Rule 603(a)(2) for Regulation benefit market participants looking to Matching System. Unlike SIP data, NMS. interact with orders residing in the quotations distributed via the Book Feed Matching System or trying to determine are not aggregated at a particular price 2. Statutory Basis the level of buying or selling interest in point. Instead, each individual order is The Exchange believes that the a security. The fact that the Exchange separately represented in the Book Feed, proposed rule change is consistent with currently distributes market data for no even if there are multiple orders at the Section 6(b) of the Act 13 in general, and charge also acts as a competitive force same price and on the same side of the furthers the objectives of Section 6(b)(1) among market data products. As noted market. Moreover, the Book Feed of the Act 14 in particular, in that it above, the Book Feed service is entirely provides information for all displayed allows the Exchange to be organized and optional and Participants are not orders resident in the Matching System, have the capacity to be able to carry out required to subscribe to it in order to including odd lots and orders inferior to the purposes of the Act and to comply, 6 gain access to our marketplace. our top of book. The Book Feed data and (subject to any rule or order of the includes basic information about each Commission pursuant to section 17(d) C. Self-Regulatory Organization’s order, including the size and price of or 19(g)(2) of the Act) to enforce Statement on Comments Regarding the the order; whether it was an order to compliance by its members and persons Proposed Rule Change Received From buy or sell; its time of receipt; and the associated with such members, with the Members, Participants or Others identity of the participant firm that provisions of the Act, the rules and submitted the order.7 The Book Feed No written comments were either regulations thereunder, and the rules of solicited or received. also provides for the transmission of last the exchange. As noted above, the Book sale data through the Book Feed in a Feed service was previously described III. Date of Effectiveness of the manner which is substantially similar to in a filing with the Commission in Proposed Rule Change and Timing for that provided through the SIPs.8 Commission Action Proposed Rule 1 of Article 4 authorizes 9 The Exchange makes the Book Feed available to the Exchange to provide Book Feed data any person or entity which signs our subscriber The foregoing rule change has become agreement. It is not necessary to be an Exchange effective pursuant to Section 19(b)(3)(A) 16 17 5 See e-mail, dated June 2, 2011, from David C. Participant to be eligible to receive the Book Feed. of the Act and Rule 19b–4(f)(6) Whitcomb, Jr., General Counsel and Chief 10 Within the Exchange’s systems, the data that is thereunder in that it effects a change Regulatory Officer, CHX, to Christopher W. Chow, disseminated as part of the Book Feed leaves the that: (i) Does not significantly affect the Matching System immediately following the best Special Counsel, Commission. protection of investors or the public 6 Undisplayed orders and the undisplayed bids, offers and last sales that are being sent to the portions of reserve size orders are not to be SIPs. The Exchange would not use any technology interest; (ii) does not impose any disseminated through the Book Feed; however, any that is designed to make the Book Feed data significant burden on competition; and odd lot orders (which are not expressly identified available from the Matching System earlier than the (iii) by its terms, does not become best bids, offers and last sales are available to the as ‘‘undisplayed’’) are disseminated through the operative for 30 days after the date of Book Feed. SIPs. 7 A participant firm can choose, either on a firm- 11 The Exchange does not currently plan to charge the filing, or such shorter time as the wide or order-by-order basis, to have its identity a fee for the distribution of this data, but may Commission may designate if consistent kept confidential in the order information that is choose to do so in the future. Any decision to with the protection of investors and the distributed in the Book Feed. charge a fee for the Book Feed data would be public interest. 8 The Book Feed includes transaction data for all reflected in a filing submitted to the Commission trades executed in the Matching System, including as required by Rule 19b-4 of the Act. odd lot transactions, while the SIP last sale 12 17 CFR 603(a)(2). 15 See note 4, supra, and accompanying text. transmissions may not include data on odd lot 13 15 U.S.C. 78f. 16 15 U.S.C. 78s(b)(3)(A). executions. 14 15 U.S.C. 78f(b)(1). 17 17 CFR 240.19b–4(f)(6).

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At any time within 60 days of the available publicly. All submissions It appears to the Securities and filing of the proposed rule change, the should refer to File Number SR–CHX– Exchange Commission that there is a Commission summarily may 2011–11 and should be submitted on or lack of current and accurate information temporarily suspend such rule change if before July 7, 2011. concerning the securities of Silver Eagle it appears to the Commission that such For the Commission, by the Division of Resources Ltd. (n/k/a Mercator Minerals action is necessary or appropriate in the Trading and Markets, pursuant to delegated Ltd.) because it has not filed any public interest, for the protection of authority.18 periodic reports since January 16, 1998. investors, or otherwise in furtherance of Cathy H. Ahn, It appears to the Securities and the purposes of the Act. Deputy Secretary. Exchange Commission that there is a lack of current and accurate information IV. Solicitation of Comments [FR Doc. 2011–14894 Filed 6–15–11; 8:45 am] concerning the securities of Simex BILLING CODE 8011–01–P Interested persons are invited to Technologies, Inc. (n/k/a CT Holdings, submit written data, views, and Inc.) because it has not filed any arguments concerning the foregoing, SECURITIES AND EXCHANGE periodic reports since the period ended including whether the proposed rule COMMISSION September 30, 2008. change is consistent with the Act. It appears to the Securities and Comments may be submitted by any of [File No. 500–1] Exchange Commission that there is a the following methods: lack of current and accurate information Samaritan Pharmaceuticals, Inc., concerning the securities of Sola Electronic Comments Seaena, Inc., Seirios International, Inc. Resource Corp. (n/k/a Cancana • Use the Commission’s Internet (f/k/a Exactly Sportswear, Inc.), et al.; Resources Corp.) because it has not filed comment form (http://www.sec.gov/ Order of Suspension of Trading any periodic reports since the period rules/sro.shtml); or • Send an e-mail to rule- June 14, 2011. ended January 31, 2003. The Commission is of the opinion that [email protected]. Please include File Samaritan Pharmaceuticals, Inc., Seaena, the public interest and the protection of Number SR–CHX–2011–11 on the Inc., Seirios International, Inc. (f/k/a Exactly Sportswear, Inc.), Sento Corp., Shoe Pavilion, investors require a suspension of trading subject line. Inc., Silver Eagle Resources Ltd. (n/k/a in the securities of the above-listed Paper Comments Mercator Minerals Ltd.), Simex Technologies, companies. • Inc. (n/k/a CT Holdings, Inc.), and Sola Therefore, it is ordered, pursuant to Send paper comments in triplicate Resource Corp. (n/k/a Cancana Resources to Elizabeth M. Murphy, Secretary, Corp.) Section 12(k) of the Securities Exchange Securities and Exchange Commission, Act of 1934, that trading in the It appears to the Securities and 100 F Street, NE., Washington, DC securities of the above-listed companies Exchange Commission that there is a 20549–1090. is suspended for the period from 9:30 lack of current and accurate information All submissions should refer to File a.m. EDT on June 14, 2011, through concerning the securities of Samaritan 11:59 p.m. EDT on June 27, 2011. Number SR–CHX–2011–11. This file Pharmaceuticals, Inc. because it has not number should be included on the filed any periodic reports since the By the Commission. subject line if e-mail is used. To help the period ended December 31, 2008. Jill M. Peterson, Commission process and review your It appears to the Securities and Assistant Secretary. comments more efficiently, please use Exchange Commission that there is a [FR Doc. 2011–15056 Filed 6–14–11; 4:15 pm] only one method. The Commission will lack of current and accurate information BILLING CODE 8011–01–P post all comments on the Commission’s concerning the securities of Seaena, Inc. Internet Web site (http://www.sec.gov/ because it has not filed any periodic rules/sro.shtml). Copies of the reports since the period ended June 30, SECURITIES AND EXCHANGE submission, all subsequent 2008. COMMISSION amendments, all written statements It appears to the Securities and [File No. 500–1] with respect to the proposed rule Exchange Commission that there is a change that are filed with the lack of current and accurate information In the Matter of Dawn Technologies, Commission, and all written concerning the securities of Seirios Inc., Distinctive Devices, Inc., Haber, communications relating to the International, Inc. (f/k/a Exactly Inc., and Independence Brewing Co.; proposed rule change between the Sportswear, Inc.) because it has not filed Order of Suspension of Trading Commission and any person, other than any periodic reports since September those that may be withheld from the 30, 1995. June 14, 2011. public in accordance with the It appears to the Securities and It appears to the Securities and provisions of 5 U.S.C. 552, will be Exchange Commission that there is a Exchange Commission that there is a available for Web site viewing and lack of current and accurate information lack of current and accurate information printing in the Commission’s Public concerning the securities of Sento Corp. concerning the securities of Dawn Reference Room, 100 F Street, NE., because it has not filed any periodic Technologies, Inc. because it has not Washington, DC 20549, on official reports since the period ended filed any periodic reports since the business days between the hours of 10 December 31, 2006. period ended September 30, 1999. a.m. and 3 p.m. Copies of the filing also It appears to the Securities and It appears to the Securities and will be available for inspection and Exchange Commission that there is a Exchange Commission that there is a copying at the principal office of the lack of current and accurate information lack of current and accurate information Exchange. All comments received will concerning the securities of Shoe concerning the securities of Distinctive be posted without change; the Pavilion, Inc. because it has not filed Devices, Inc. because it has not filed any Commission does not edit personal any periodic reports since the period periodic reports since the period ended identifying information from ended March 29, 2008. September 30, 2004. submissions. You should submit only It appears to the Securities and information that you wish to make 18 17 CFR 200.30–3(a)(12). Exchange Commission that there is a

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lack of current and accurate information establish the incident period for this SMALL BUSINESS ADMINISTRATION concerning the securities of Haber, Inc. disaster as beginning 04/19/2011 and [Disaster Declaration # 12538 and # 12539] because it has not filed any periodic continuing through 06/07/2011. reports since the period ended May 31, All other information in the original Texas Disaster # TX–00375 2007. declaration remains unchanged. AGENCY: U.S. Small Business It appears to the Securities and (Catalog of Federal Domestic Assistance Exchange Commission that there is a Numbers 59002 and 59008) Administration. lack of current and accurate information ACTION: Amendment 1. concerning the securities of Jane M.D. Pease, Independence Brewing Co. because it Acting Associate Administrator for Disaster SUMMARY: This is an amendment of the has not filed any periodic reports since Assistance. Administrative declaration of a disaster the period ended March 31, 1999. [FR Doc. 2011–14917 Filed 6–15–11; 8:45 am] for the State of TEXAS dated 04/26/ The Commission is of the opinion that BILLING CODE 8025–01–P 2011. the public interest and the protection of Incident: Rock House Wildfire. investors require a suspension of trading Incident Period: 04/09/2011 through in the securities of the above-listed SMALL BUSINESS ADMINISTRATION 05/10/2011. companies. Therefore, it is ordered, Effective Date: 06/09/2011. Physical Loan Application Deadline pursuant to Section 12(k) of the [Disaster Declaration # 12574 and # 12575] Securities Exchange Act of 1934, that Date: 06/27/2011. Economic Injury (EIDL) Loan trading in the securities of the above- Tennessee Disaster Number TN–00055 Application Deadline Date: 01/26/2012. listed companies is suspended for the period from 9:30 a.m. EDT on June 14, AGENCY: U.S. Small Business ADDRESSES: Submit completed loan 2011, through 11:59 p.m. EDT on June Administration. applications to: U.S. Small Business 27, 2011. ACTION: Amendment 2. Administration, Processing and Disbursement Center, 14925 Kingsport By the Commission. SUMMARY: This is an amendment of the Road, Fort Worth, TX 76155. Jill M. Peterson, Presidential declaration of a major FOR FURTHER INFORMATION CONTACT: A. Assistant Secretary. disaster for Public Assistance Only for Escobar, Office of Disaster Assistance, [FR Doc. 2011–15055 Filed 6–14–11; 4:15 pm] the State of Tennessee (FEMA–1979– U.S. Small Business Administration, BILLING CODE 8011–01–P DR), dated 05/09/2011. 409 3rd Street, SW., Suite 6050, Incident: Severe Storms, Tornadoes, Washington, DC 20416. Straight-line, Winds, and Flooding. SUPPLEMENTARY INFORMATION: The notice SMALL BUSINESS ADMINISTRATION Incident Period: 04/19/2011 through of the Administrator’s disaster [Disaster Declaration #12572 and #12573] 06/07/2011. declaration for the State of Texas, dated Effective Date: 06/07/2011. 04/26/2011 is hereby amended to Tennessee Disaster Number TN–00053 Physical Loan Application Deadline establish the incident period for this Date: 07/08/2011. disaster as beginning on 04/09/2011 and AGENCY: U.S. Small Business continuing through 05/10/2011. Administration. Economic Injury (EIDL) Loan Application Deadline Date: 02/09/2012. All other information in the original ACTION: Amendment 3. declaration remains unchanged. ADDRESSES: Submit completed loan SUMMARY: This is an amendment of the applications to: U.S. Small Business (Catalog of Federal Domestic Assistance Presidential declaration of a major Administration, Processing and Numbers 59002 and 59008) disaster for the State of Tennessee Disbursement Center, 14925 Kingsport Dated: June 9, 2011. (FEMA–1979–DR), dated 05/09/2011. Road, Fort Worth, TX 76155. Karen G. Mills, Incident: Severe Storms, Tornadoes, FOR FURTHER INFORMATION CONTACT: Administrator. Straight-line, Winds, and Flooding. Alan Escobar, Office of Disaster [FR Doc. 2011–14955 Filed 6–15–11; 8:45 am] Incident Period: 04/19/2011 and Assistance, U.S. Small Business BILLING CODE 8025–01–P continuing through 06/07/2011. Administration, 409 3rd Street, SW., Effective Date: 06/07/2011. Suite 6050, Washington, DC 20416. Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION Date: 07/08/2011. SUPPLEMENTARY INFORMATION: The notice [Disaster Declaration #12617 and #12618] EIDL Loan Application Deadline Date: of the President’s major disaster 02/09/2012. declaration for Private Non-Profit organizations in the State of Tennessee, Illinois Disaster # IL–00030 ADDRESSES: Submit completed loan dated 05/09/2011, is hereby amended to applications to: U.S. Small Business AGENCY: U.S. Small Business establish the incident period for this Administration. Administration, Processing and disaster as beginning 04/19/2011 and ACTION: Notice. Disbursement Center, 14925 Kingsport continuing through 06/07/2011. Road, Fort Worth, TX 76155. All other information in the original SUMMARY: This is a Notice of the FOR FURTHER INFORMATION CONTACT: A declaration remains unchanged. Presidential declaration of a major Escobar, Office of Disaster Assistance, disaster for the State of Illinois (FEMA– U.S. Small Business Administration, (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). 1991–DR), dated 06/07/2011. 409 3rd Street, SW., Suite 6050, Incident: Severe Storms and Flooding. Washington, DC 20416 Jane M.D. Pease Incident Period: 04/19/2011 and SUPPLEMENTARY INFORMATION: The notice Acting Associate Administrator for Disaster continuing. of the President’s major disaster Assistance. Effective Date: 06/07/2011. declaration for the State of Tennessee, [FR Doc. 2011–14918 Filed 6–15–11; 8:45 am] Physical Loan Application Deadline dated 05/09/2011 is hereby amended to BILLING CODE 8025–01–P Date: 08/08/2011.

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Economic Injury (EIDL) Loan (Catalog of Federal Domestic Assistance The number assigned to this disaster Application Deadline Date: 03/07/2012. Numbers 59002 and 59008) for physical damage is 12620B and for ADDRESSES: Submit completed loan Jane M. D. Pease, economic injury is 12621B. applications to: U.S. Small Business Acting Associate Administrator for Disaster (Catalog of Federal Domestic Assistance Administration, Processing and Assistance. Numbers 59002 and 59008). Disbursement Center, 14925 Kingsport [FR Doc. 2011–14951 Filed 6–15–11; 8:45 am] Jane M.D. Pease, Road, Fort Worth, TX 76155. BILLING CODE 8025–01–P Acting Associate Administrator for Disaster FOR FURTHER INFORMATION CONTACT: A. Assistance. Escobar, Office of Disaster Assistance, [FR Doc. 2011–14950 Filed 6–15–11; 8:45 am] U.S. Small Business Administration, SMALL BUSINESS ADMINISTRATION 409 3rd Street, SW., Suite 6050, BILLING CODE 8025–01–P Washington, DC 20416. [Disaster Declaration #12620 and #12621] SUPPLEMENTARY INFORMATION: Notice is SMALL BUSINESS ADMINISTRATION hereby given that as a result of the Minnesota Disaster #MN–00032 President’s major disaster declaration on AGENCY: U.S. Small Business [Disaster Declaration #12558 and #12559] 06/07/2011, applications for disaster Administration. loans may be filed at the address listed ACTION: Notice. Tennessee Disaster Number TN–00052 above or other locally announced locations. SUMMARY: This is a Notice of the AGENCY: U.S. Small Business The following areas have been Presidential declaration of a major Administration. determined to be adversely affected by disaster for Public Assistance Only for ACTION: Amendment 3. the disaster: the State of Minnesota (FEMA–1990– Primary Counties (Physical Damage and DR), dated 06/07/2011. SUMMARY: This is an amendment of the Economic Injury Loans): Alexander, Incident: Severe Storms and Presidential declaration of a major Franklin, Gallatin, Hardin, Jackson, Tornadoes. disaster for Public Assistance Only for Lawrence, Massac, Perry, Pope, Incident Period: 05/21/2011 through the State of Tennessee (FEMA–1974– Pulaski, Randolph, Saline, White, 05/22/2011. DR), dated 05/01/2011. Williamson. Effective Date: 06/07/2011. Incident: Severe Storms, Tornadoes, Contiguous Counties (Economic Injury Physical Loan Application Deadline Straight-line Winds, and Associated Loans Only): Date: 08/08/2011. Flooding. Illinois: Crawford, Edwards, Economic Injury (EIDL) Loan Incident Period: 04/25/2011 through Hamilton, Jefferson, Johnson, Application Deadline Date: 03/07/2012. 04/28/2011. Monroe, Richland, Saint Clair, ADDRESSES: Submit completed loan Effective Date: 06/07/2011. Union, Wabash, Washington, applications to: U.S. Small Business Physical Loan Application Deadline Wayne. Administration, Processing and Date: 06/30/2011. Indiana: Gibson, Knox, Posey. Disbursement Center, 14925 Kingsport Kentucky: Ballard, Crittenden, Road, Fort Worth, TX 76155. Economic Injury (EIDL) Loan Livingston, Mccracken, Union. Application Deadline Date: 02/01/2012. FOR FURTHER INFORMATION CONTACT: A. Missouri: Cape Girardeau, Escobar, Office of Disaster Assistance, ADDRESSES: Submit completed loan Mississippi, Perry, Sainte U.S. Small Business Administration, applications to: U.S. Small Business Genevieve, Scott. 409 3rd Street, SW., Suite 6050, Administration, Processing and The Interest Rates are: Washington, DC 20416. Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. Percent SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the FOR FURTHER INFORMATION CONTACT: A. For Physical Damage: President’s major disaster declaration on Escobar, Office of Disaster Assistance, Homeowners With Credit 06/07/2011, Private Non-Profit U.S. Small Business Administration, Available Elsewhere ...... 5.375. organizations that provide essential 409 3rd Street, SW., Suite 6050, Homeowners Without Credit services of governmental nature may file Washington, DC 20416. Available Elsewhere ...... 2.688. Businesses With Credit Avail- disaster loan applications at the address SUPPLEMENTARY INFORMATION: The notice able Elsewhere ...... 6.000. listed above or other locally announced of the President’s major disaster Businesses Without Credit locations. declaration for Private Non-Profit Available Elsewhere ...... 4.000. The following areas have been organizations in the State of Tennessee, Non-Profit Organizations With determined to be adversely affected by dated 05/01/2011, is hereby amended to Credit Available Elsewhere 3.250. the disaster: include the following areas as adversely Non-Profit Organizations Primary Counties: Anoka, Hennepin. Without Credit Available affected by the disaster. Elsewhere ...... 3.000. The Interest Rates are: Primary Counties: Jefferson, Marion. For Economic Injury: Businesses & Small Agricul- Percent All other information in the original tural Cooperatives Without declaration remains unchanged. Credit Available Elsewhere 4.000. For Physical Damage: (Catalog of Federal Domestic Assistance Non-Profit Organizations Non-Profit Organizations with Numbers 59002 and 59008) Without Credit Available Credit Available Elsewhere ...... 3.250 Elsewhere ...... 3.000. Non-Profit Organizations without Jane M.D. Pease, Credit Available Elsewhere ...... 3.000 Acting Associate Administrator for Disaster The number assigned to this disaster For Economic Injury: Assistance. Non-Profit Organizations without [FR Doc. 2011–14949 Filed 6–15–11; 8:45 am] for physical damage is 126176 and for Credit Available Elsewhere ...... 3.000 economic injury is 126180. BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION Incident Period: 04/19/2011 through SUPPLEMENTARY INFORMATION: The notice 06/06/2011. of the President’s major disaster [Disaster Declaration #12562 and #12563] Effective Date: 06/06/2011. declaration for the State of Arkansas, Physical Loan Application Deadline Arkansas Disaster Number AR–00049 dated 05/02/2011 is hereby amended to Date: 07/08/2011. establish the incident period for this AGENCY: U.S. Small Business Economic Injury (EIDL) Loan disaster as beginning 04/23/2011 and Administration. Application Deadline Date: 02/09/2012. continuing through 06/03/2011. ADDRESSES: ACTION: Amendment 4. Submit completed loan All other information in the original applications to: U.S. Small Business declaration remains unchanged. SUMMARY: This is an amendment of the Administration, Processing and Presidential declaration of a major Disbursement Center, 14925 Kingsport (Catalog of Federal Domestic Assistance disaster for Public Assistance Only for Road, Fort Worth, TX 76155. Numbers 59002 and 59008) the State of Arkansas (FEMA–1975–DR), FOR FURTHER INFORMATION CONTACT: A. Jane M.D. Pease, dated 05/02/2011. Escobar, Office of Disaster Assistance, Incident: Severe Storms, Tornadoes, Acting Associate Administrator for Disaster U.S. Small Business Administration, Assistance. and Associated Flooding. 409 3rd Street, SW., Suite 6050, [FR Doc. 2011–14946 Filed 6–15–11; 8:45 am] Incident Period: 04/23/2011 through Washington, DC 20416. 06/03/2011. BILLING CODE 8025–01–P SUPPLEMENTARY INFORMATION: The notice Effective Date: 06/03/2011. Physical Loan Application Deadline of the President’s major disaster Date: 07/01/2011. declaration for Private Non-Profit SMALL BUSINESS ADMINISTRATION Economic Injury (EIDL) Loan organizations in the State of Missouri, Application Deadline Date: 02/02/2012. dated 05/09/2011, is hereby amended to [Disaster Declaration # 12586 and # 12587] establish the incident period for this ADDRESSES: Submit completed loan disaster as beginning 04/19/2011 and applications to: U.S. Small Business North Dakota Disaster Number ND– continuing through 06/06/2011. 00025 Administration, Processing and All other information in the original Disbursement Center, 14925 Kingsport declaration remains unchanged. AGENCY: Road, Fort Worth, TX 76155. U.S. Small Business (Catalog of Federal Domestic Assistance Administration. FOR FURTHER INFORMATION CONTACT: A Numbers 59002 and 59008) Escobar, Office of Disaster Assistance, ACTION: Amendment 2. U.S. Small Business Administration, Jane M.D. Pease, 409 3rd Street, SW., Suite 6050, Acting Associate Administrator for Disaster SUMMARY: This is an amendment of the Washington, DC 20416. Assistance. Presidential declaration of a major SUPPLEMENTARY INFORMATION: The notice [FR Doc. 2011–14947 Filed 6–15–11; 8:45 am] disaster for Public Assistance Only for of the President’s major disaster BILLING CODE 8025–01–P the State of North Dakota (FEMA–1981– declaration for Private Non-Profit DR), dated 05/10/2011. organizations in the State of Arkansas, Incident: Flooding. dated 05/02/2011, is hereby amended to SMALL BUSINESS ADMINISTRATION Incident Period: 02/14/2011 and establish the incident period for this [Disaster Declaration #12560 and #12561] continuing. disaster as beginning 04/23/2011 and continuing through 06/03/2011. Arkansas Disaster Number AR–00048 Effective Date: 06/07/2011. All other information in the original Physical Loan Application Deadline declaration remains unchanged. AGENCY: U.S. Small Business Administration. Date: 07/11/2011. (Catalog of Federal Domestic Assistance ACTION: Amendment 5. Economic Injury (EIDL) Loan Numbers 59002 and 59008) Application Deadline Date: 02/10/2012. SUMMARY: This is an amendment of the Jane M.D. Pease, ADDRESSES: Submit completed loan Acting Associate Administrator for Disaster Presidential declaration of a major disaster for the State of Arkansas applications to: U.S. Small Business Assistance. Administration, Processing and [FR Doc. 2011–14948 Filed 6–15–11; 8:45 am] (FEMA–1975–DR), dated 05/02/2011 . Incident: Severe Storms, Tornadoes, Disbursement Center, 14925 Kingsport BILLING CODE 8025–01–P and Associated Flooding. Road, Fort Worth, TX 76155. Incident Period: 04/23/2011 and FOR FURTHER INFORMATION CONTACT: A. SMALL BUSINESS ADMINISTRATION continuing through 06/03/2011. Escobar, Office of Disaster Assistance, Effective Date: 06/03/2011. U.S. Small Business Administration, [Disaster Declaration #12578 and #12579] Physical Loan Application Deadline 409 3rd Street, SW., Suite 6050, Date: 07/01/2011. Washington, DC 20416. Missouri Disaster Number MO–00049 EIDL Loan Application Deadline Date: 02/02/2012. SUPPLEMENTARY INFORMATION: The notice AGENCY: U.S. Small Business Administration. ADDRESSES: Submit completed loan of the President’s major disaster applications to: U.S. Small Business declaration for Private Non-Profit ACTION: Amendment 3. Administration, Processing and organizations in the State of North SUMMARY: This is an amendment of the Disbursement Center, 14925 Kingsport Dakota, dated 05/10/2011, is hereby Presidential declaration of a major Road, Fort Worth, TX 76155. amended to include the following areas disaster for Public Assistance Only for FOR FURTHER INFORMATION CONTACT: A. as adversely affected by the disaster. Escobar, Office of Disaster Assistance, the State of Missouri (FEMA–1980–DR), Primary Counties: Billings, Divide. dated 05/09/2011. U.S. Small Business Administration, Incident: Severe Storms, Tornadoes, 409 3rd Street, SW., Suite 6050, All other information in the original and Flooding Washington, DC 20416. declaration remains unchanged.

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(Catalog of Federal Domestic Assistance SMALL BUSINESS ADMINISTRATION Equipment under North American Numbers 59002 and 59008) Industry Classification System (NAICS) [License No. 02/72–0625] code 333314 (Optical Instrument and Jane M.D. Pease, Founders Equity SBIC I, L.P.; Notice Lens Manufacturing). In the Acting Associate Administrator for Disaster Supplementary Information section of Assistance. Seeking Exemption Under Section 312 of the Small Business Investment Act, the notice, additional related items to be [FR Doc. 2011–14945 Filed 6–15–11; 8:45 am] Conflicts of Interest considered for waiver are referenced. BILLING CODE 8025–01–P The PVS–17 item was incorrectly Notice is hereby given that Founders identified and should be corrected to Equity SBIC I, L.P., 711 Fifth Avenue, read PVS–7. The correction has no SMALL BUSINESS ADMINISTRATION 5th Floor, New York, NY 10022, a impact on the May 26, 2011, effective Federal Licensee under the Small date of the waiver, as stated in the May [Disaster Declaration #12576 and #12577] Business Investment Act of 1958, as 11, 2011, notice. amended (‘‘the Act’’), in connection FOR FURTHER INFORMATION CONTACT: Ms. Missouri Disaster Number MO–00048 with the financing of a small concern, Amy Garcia, Procurement Analyst, by has sought an exemption under Section e-mail at [email protected], or by AGENCY: U.S. Small Business 312 of the Act and Section 107.730, telephone at (202) 205–6842. Administration. Financings Which Constitute Conflicts of Interest of the Small Business Correction ACTION: Amendment 4. Administration (‘‘SBA’’) Rules and In the Federal Register of May 11, Regulations (13 CFR 107.730). Founders 2011, Vol 76, No. 91, on page 27373, in SUMMARY: This is an amendment of the Equity SBIC I, L.P. proposes to provide the second column, correct any item Presidential declaration of a major equity security financing to Richardson listed as PVS–17 to read: PVS–7. disaster for the State of Missouri Foods, Inc., 101 Erie Blvd., Canajoharie, (FEMA–1980–DR), dated 05/09/2011. NY 13317. The financing will provide John W. Klein, Incident: Severe Storms, Tornadoes, the company with additional capital to Director, Office of Government Contracting. and Flooding. meet working capital requirements and [FR Doc. 2011–14952 Filed 6–15–11; 8:45 am] for debt repayment. BILLING CODE 8025–01–P Incident Period: 04/19/2011 and The financing is brought within the continuing through 06/06/2011. purview of § 107.730(a) of the Effective Date: 06/06/2011. Regulations because Founders Equity DEPARTMENT OF TRANSPORTATION Physical Loan Application Deadline NY, L.P., an Associate of Founders Date: 07/08/2011. Equity SBIC I, L.P., owns more than ten Federal Highway Administration percent of Richardson Foods, Inc. and [Docket No. FHWA–2011–0059] EIDL Loan Application Deadline Date: therefore Richardson Foods, Inc. is 02/09/2012. considered an Associate of Founders Agency Information Collection ADDRESSES: Submit completed loan Equity SBIC I, L.P. as defined in Activities: Notice of Request for applications to: U.S. Small Business § 107.50 of the Regulations. Approval of a New Information Administration, Processing and Notice is hereby given that any Collection interested person may submit written Disbursement Center, 14925 Kingsport AGENCY: Federal Highway Road, Fort Worth, TX 76155. comments on the transaction to the Associate Administrator for Investment, Administration (FHWA), DOT. FOR FURTHER INFORMATION CONTACT: A. U.S. Small Business Administration, ACTION: Notice of Request for Approval Escobar, Office of Disaster Assistance, 409 Third Street, SW., Washington, DC of a New Information Collection. U.S. Small Business Administration, 20416. SUMMARY: The FHWA invites public 409 3rd Street, SW., Suite 6050, Dated: June 6, 2011. comments about our intention to request Washington, DC 20416. Sean J. Greene, the Office of Management and Budget’s SUPPLEMENTARY INFORMATION: The notice Associate Administrator for Investment. (OMB) approval of a new information of the President’s major disaster [FR Doc. 2011–14958 Filed 6–15–11; 8:45 am] collection that is summarized below declaration for the State of Missouri, BILLING CODE P under SUPPLEMENTARY INFORMATION. We dated 05/09/2011 is hereby amended to are required to publish this notice in the establish the incident period for this Federal Register by the Paperwork disaster as beginning 04/19/2011 and SMALL BUSINESS ADMINISTRATION Reduction Act of 1995. continuing through 06/06/2011. DATES: Please submit comments by Small Business Size Standards: August 15, 2011. All other information in the original Waiver of the Nonmanufacturer Rule; ADDRESSES: You may submit comments declaration remains unchanged. Correction identified by DOT Docket ID Number (Catalog of Federal Domestic Assistance AGENCY: U.S. Small Business 2011–0059 by any of the following Numbers 59002 and 59008). Administration. methods: Web Site: For access to the docket to Jane M.D. Pease, ACTION: Notice: correction. read background documents or Acting Associate Administrator for Disaster SUMMARY: The U.S. Small Business comments received, go to the Federal Assistance. Administration (SBA) published a eRulemaking Portal: http:// [FR Doc. 2011–14944 Filed 6–15–11; 8:45 am] notice in the Federal Register on May www.regulations.gov. Follow the online BILLING CODE 8025–01–P 11, 2011, granting a class waiver of the instructions for submitting comments. Nonmanufacturer Rule for GEN II and Fax: 1–202–493–2251. GEN III Image Intensifier Tubes, Product Mail: Docket Management Facility, Service Code (PSC) 5855, Night Vision U.S. Department of Transportation,

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West Building Ground Floor, Room generate the following kinds of shifts: Authority: The Paperwork Reduction Act W12–140, 1200 New Jersey Avenue, SE., (1) Modal shift of neighborhood trips of 1995; 44 U.S.C. Chapter 35, as amended; Washington, DC 20590. from auto to other modes; (2) Increased and 49 CFR 1.48. Hand Delivery or Courier: U.S. use of regional public transit based on Issued On: June 10, 2011. Department of Transportation, West improved station access; and (3) Shift of Michael Howell, Building Ground Floor, Room W12–140, more remote non-work destinations to Acting Chief, Management Programs and 1200 New Jersey Avenue, SE., destinations within the neighborhood. Analysis Division. Washington, DC 20590, between 9 a.m. To explore these issues, the research [FR Doc. 2011–14916 Filed 6–15–11; 8:45 am] and 5 p.m. ET, Monday through Friday, team is building a model that integrates BILLING CODE 4910–22–P except Federal holidays. activity-based and agent-based FOR FURTHER INFORMATION CONTACT: components. The models in turn will be David Kuehn, 202–493–3414, Office of based on a survey of residents in four DEPARTMENT OF TRANSPORTATION Corporate Research, Technology, and neighborhoods of metropolitan Chicago. Innovation Management, Federal As part of the survey, respondents will Federal Highway Administration Highway Administration, Department of be presented with images representing [U.S. DOT Docket No. FHWA–2011–0058] Transportation, 1200 New Jersey potential improvements to the Avenue, SE., Washington, DC 20590, pedestrian, cycling, and transit Agency Information Collection Monday through Friday, except Federal environments of their neighborhoods Activities: Request for Comments for a holidays. and will respond to scenarios regarding New Information Collection, Titled: SUPPLEMENTARY INFORMATION: their travel under these altered Reports, Forms and Recordkeeping Title: Exploratory Advanced Research conditions. Requirements (EAR) Program sponsored project titled We will mail 7,700 invitations with AGENCY: Federal Highway ‘‘Effects of Automated Transit and an expectation of 1,400 residents Administration, DOT. Pedestrian/Bicycling Facilities on Urban responding. From that pool, 800 will be Travel Patterns.’’ selected for the study, which includes a ACTION: Request for comments. Type of request: New information survey packet, travel diary and phone SUMMARY: The FHWA invites public collection requirement. interview. Respondents: We estimate that 1,400 comments about our intention to request Background: The Exploratory residents will respond to the initial the Office of Management and Budget’s Advanced Research (EAR) Program was invitation and 800 residents will (OMB) approval for a new information established to conduct longer term, participate in the study. collection, which is summarized below higher risk research that will result in a Frequency: This is a one-time under SUPPLEMENTARY INFORMATION. We potentially dramatic breakthrough for collection. published a Federal Register Notice improving the durability, efficiency, Estimated Average Burden per with a 60-day public comment period environmental impact, productivity, Response: on this information collection on and safety of highway and intermodal The invitation portion takes February 26, 2009. We are required to transportation systems. FHWA awarded approximately 15 minutes to complete. publish this notice in the Federal a research project titled ‘‘Effects of × 1400 residents 15 minutes = 350 Register by the Paperwork Reduction Automated Transit and hours. Act of 1995. Pedestrian/Bicycling Facilities on Urban The research study takes DATES: Please submit comments by July Travel Patterns’’ that was submitted in approximately 1 hour and 30 minutes 18, 2011. response to a solicitation in 2009 and (30 minutes for the survey packet and supports the EAR Program focus area of travel diary and 1 hour for the phone ADDRESSES: You may submit comments new technology and advanced policies interview) 800 residents × 90 minutes = identified by Docket ID Number FHWA– for energy and resource conservation. 1,200 hours. 2009–0054 by any of the following The project conducted by the University Estimated Total Annual Burden methods: of Michigan with support from the Hours: The total burden for this one- Web Site: For access to the docket to University of Illinois at Chicago has the time information collection would be read background documents or potential to lead to applications for approximately 1,550 hours. comments received go to the Federal evidence-based policies and approaches Public Comments Invited: You are eRulemaking Portal: Go to http:// that could substantially reduce the asked to comment on any aspect of this www.regulations.gov. Follow the online percentage and total number of short information collection, including: (1) instructions for submitting comments. trip using private vehicles and increase Whether the proposed collection of Fax: 1–202–493–2251. the percentage and number of trips information is necessary for the U.S. Mail: Docket Management Facility, using current and future transit DOT’s performance, including whether U.S. Department of Transportation, technology and non-motorized trips, the information will have practical West Building Ground Floor, Room which would reduce use and utility; (2) the accuracy of the U.S. W12–140, 1200 New Jersey Avenue, SE., dependence on fossil fuels and DOT’s estimate of the burden of the Washington, DC 20590–0001. associated pollution impacts. proposed information collection; (3) Hand Delivery or Courier: U.S. The research project is attempting to ways to enhance the quality, usefulness, Department of Transportation, West gauge potential travel-behavior response and clarity of the collected information; Building Ground Floor, Room W12–140, to far-reaching improvements in the and (4) ways that the burden could be 1200 New Jersey Avenue, SE., pedestrian, cycling, and transit minimized, including the use of Washington, DC 20590, between 9 a.m. environments of neighborhoods. The electronic technology, without reducing and 5 p.m. ET, Monday through Friday, transit improvements are inspired by the quality of the collected information. except Federal holidays. the frequency and quality of service that The agency will summarize and/or FOR FURTHER INFORMATION CONTACT: Ray might be made possibility of future include your comments in the request Krammes, Ph.D, PE, Acting Director, technologies. The project is studying the for OMB’s clearance of this information Office of Safety Research and capacity of these improvements to collection. Development, HRDS–07, Turner-

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Fairbank Highway Research Center, proposed study does not duplicate other better methods of restraining driver Federal Highway Administration, 6300 work. speeds in these hazardous situations. Georgetown Pike, McLean, VA 22101, Category C (Older and Younger Situations That Require Collections of tel. 202–493–3365 between 8 a.m. and Drivers). The driving behaviors of these Information—Examples From Each two high risk groups are of interest for 5:30 p.m., Monday through Friday, Category except Federal holidays, or Paul J. almost all FHWA safety related studies. Tremont, Ph.D. (same address) at 202– Category A (Infrastructure Design). An For example, older driver’s performance 493–3338. example from Category A would be a as they negotiate new designs informs study designed to test an innovative SUPPLEMENTARY INFORMATION: the engineer of those aspects of the intersection design such as a Double Title: Reports, Forms and design that present potential safety Crossover Diamond Interchange (DCD). Recordkeeping Requirements. problems, and may be in need of This is a highly efficient intersection modification. In contrast, young drivers The FHWA invites public comments design, but if not properly implemented, present a separate set of challenges for on our intention to request the Office of it could potentially cause confusion. In highway engineers. Their ability to Management and Budget (OMB) to a DCD, drivers cross over to the left side negotiate a new design may be less of approve a total of 30 field and of the highway, with the result that a concern, however; it is necessary to laboratory research studies that will opposing traffic is placed on their right understand how these drivers perform include collections of information from side. When testing DCD as they drive through these new designs. the general public. These studies will be implementations, FHWA needs to know This is important as some younger conducted over a period not to exceed whether drivers perceive any ambiguity drivers may be willing to take extra risks 3 years with an annual burden of in the signage, and if they have any in situations where ambiguity exists. approximately 2000 hours and a grand orientation problems seeing opposing Such information from younger drivers total burden of approximately 6000 traffic on their right side. Other will help engineers determine areas of hours. These collections are integral to innovative intersection designs would potential ambiguity in design and the performance of various analytical, also benefit from similar information modify these areas as necessary to field, and laboratory human factors acquired from drivers. Roadway ensure they are not introducing safety research projects that FHWA intends to departure is another problem area that hazards. conduct in support of its mission of could benefit from individual driver Category D (Pedestrians and improving safety and increasing data. For example, it would be helpful Bicyclists). Research related to mobility on our Nation’s highways to observe drivers’ interactions with pedestrians and bicyclists arises from through National Leadership, roadway geometry and signage so that the need to determine the most effective Innovation, and Program Delivery. The such information can be applied to ways to accommodate these laboratory and field research FHWA design decisions that can lead to infrastructure users. While overt conducts usually involves observations reductions in roadway departures. pedestrian and bicyclist behavior needs of driver behavior in controlled Category B (Highway Operations). to be directly observed to enable experimental settings. In the field and One of the many challenges confronting engineers to determine potential safety laboratory, these studies are non- highway engineers is designing a signal hazards to these user groups. For intrusive, as most data are driver system that maximizes throughput and example, when a new intersection performance data and are automatically minimizes delay. Excess delay can have design is being introduced (e.g., a triple acquired. the unintended consequence of lane roundabout) it is especially Research Areas and Associated encouraging drivers to run red lights. advantageous to acquire data that shows Collections This problem can be examined by how pedestrians and bicyclists negotiate observing drivers’ behavior under such a new design. The needs of The FHWA Office of Safety Research differing signaling conditions. However, disabled pedestrians are also considered and Development intends to conduct direct verbal reports of drivers are often when researching new intersection analytical, field, and laboratory research needed to determine why drivers are treatments, and in these efforts FHWA projects focused on highway safety that making their decisions. For example works closely with the U.S. Access will require acquisition of human FHWA may learn from questioning Board to ensure that novel intersection performance data from small samples of drivers that they would be less likely to treatments accommodate their needs. the driving public. This research is speed up when approaching a signal if Another example of research in this area directed at human factors issues within they knew the signal system would is determining bicyclists’ reactions to the following broad program areas: (A) recognize this behavior and respond such treatments as separately marked Infrastructure design including accordingly. One way this might happen bicycle lanes, signage, and overall innovative intersection configurations is by advising the motorist earlier of the roadway configuration. and signage and roadway markings; (B) impending signal change. Driver highway operations; (C) older and interviews performed under this study Description of How Field and younger driver issues; and (D) area can provide information on many Laboratory Study Participants Will Be pedestrian and bicyclist concerns. Given key issues including behavioral Acquired that the focus of the research in the adaptation, decision making, and Participants for research studies will above areas is on human factors issues, reaction times to signal phases and be acquired by advertisement in local it will require that data be collected on changes. This kind of information could papers, by the distribution of flyers, or a few key demographic variables such as lead to improvements to signal by postings to the internet. Typically, age, gender, and driving experience, controllers that increase mobility and interested parties contact FHWA and however such data will not be linked to improve safety. Speed management is they are asked a few questions to personal identifying information. Before another area that could benefit from determine whether they qualify for the any study is conducted under this interview data. For example, lower study. These questions involve such approval request, a thorough review will speed limits in construction zones are issues as age, driver familiarity with the be undertaken to ensure such data is not difficult to enforce, and interview data location or scenario being used, number currently available, and that the with drivers can provide information on of miles driven per year, and gender.

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Estimate of the Total Annual Reporting ACTION: Notice. reflecting use of the Internet to register; and Recordkeeping Burden Resulting and (d) a space for the consumer’s From These Information Collections SUMMARY: In compliance with the e-mail address. For those CRS owners and Requests for Comments Paperwork Reduction Act of 1995 (44 with access to the Internet, online U.S.C. 3501 et seq.), this notice Experimental Participants: registration may be a preferred method announces that the Information of registering a CRS. Approximately 6,000 roadway users Collection Request (ICR) abstracted drawn form the general driving In addition to the registration card below has been forwarded to the Office supplied by the manufacturer, NHTSA population. of Management and Budget (OMB) for Frequency: This approval request is has implemented a CRS registration review and comment. The ICR describes for 30 studies over a 3 year period. system to assist those individuals who the nature of the information collections Estimated Average Burden per have either lost the registration card that and their expected burden. The Federal Respondent: FHWA estimates data came with the CRS or purchased a Register Notice with a 60-day comment acquisition from persons participating previously owned CRS. Upon the period was published on March 3, 2011 in research will require on average owner’s request, NHTSA provides a (76 FR 11848). No comments were about 1 hour per person. substitute registration form that can be Estimated Total and Annual Burden received. obtained either by mail or from the Hours: Assuming 20 studies will be This document describes the Internet 1 (see Figure 3). When the Laboratory based (Simulator), and 10 collection of information for which completed registration is returned to the will be Field based (Field Research NHTSA intends to seek OMB approval. agency, it is then submitted to the CRS Vehicle), the burden is calculated as The collection of information described manufacturers. In the absence of a follows: is the ‘‘Consolidated Child Restraint substitute registration system, many Laboratory Experiments: 20 Simulator System Registration, Labeling and owners of child passenger safety seats, * 210 participants * 1 hour = 4200 Defect Notification.’’ (OMB Control especially any second-hand owners, Field Experiments: 10 studies * 180 Number: 2127–0576) might not be notified of safety defects participants * 1 hour = 1800 hours DATES: Comments must be submitted on and noncompliances, and would not Estimated Total Burden Hours: = 6000 or before July 18, 2011. have the defects and noncompliances hours FOR FURTHER INFORMATION CONTACT: Mrs. remedied. Estimated Annual Burden Hours (over Cristina Echemendia at U.S. Department Child seat owner registration 3 years) = 2000 hours. of Transportation, NHTSA, 1200 New information is retained in the event that Public Comments Invited: You are Jersey Avenue, SE., West Building Room owners need to be contacted for defect asked to comment on any aspect of W43–447, NVS–113, Washington, DC recalls or replacement campaigns. these information collections, including: 20590. Mrs. Cristina Echemendia’s Chapter 301 of title 49 of the United (1) Whether the proposed collections are telephone number is (202) 366–6345 States Code specifies that if either necessary for FHWA’s performance; (2) and fax number is (202) 366–7002. NHTSA or a manufacturer determines the accuracy of the estimated burden; SUPPLEMENTARY INFORMATION: that motor vehicles or items of motor (3) ways for FHWA to enhance the National Highway Traffic Safety Administration. vehicle equipment contain a defect that quality, usefulness, and clarity of the relates to motor vehicle safety or fail to collected information; and (4) ways that Title: Consolidated Child Restraint System Registration, Labeling and comply with an applicable Federal the burden could be minimized, motor vehicle safety standard, the including the use of electronic Defect Notifications’’. OMB Control Number: 2127–0576. manufacturer must notify owners and technology, without reducing the Type of Request: Extension of a purchasers of the defect or quality of the collected information. currently approved collection. noncompliance and must provide a FHWA will respond to your comments Abstract: Child restraint remedy without charge. In title 49 of the and summarize or include them when manufacturers are required to provide CFR, part 577, defect and requesting clearance from OMB for an owner’s registration card for noncompliance notification for these information data collections. purchasers of child safety seats in equipment items, including child Authority: The Paperwork Reduction Act accordance with title 49 of the Code of restraint systems, must be sent by first of 1995; 44 U.S.C. Chapter 35, as amended; Federal Regulations (CFR), Part 571.213, class mail to the most recent purchaser and 49 CFR 1.48. ‘‘Child restraint systems.’’ The known to the manufacturer. Issued on June 10, 2011. registration card is perforated into two- Child restraint manufacturers are also Michael Howell, parts (see Figures 1 and 2). The top part required to provide a printed Acting Chief, Management Programs and contains a message and suitable instructions brochure with step-by-step Analysis Division. instructions to be retained by the information on how the restraint is to be [FR Doc. 2011–14892 Filed 6–15–11; 8:45 am] purchaser. The bottom part is to be used. Without proper use, the BILLING CODE P returned to the manufacturer by the effectiveness of these systems is greatly purchaser. The bottom part includes diminished. Each child restraint system prepaid return postage, the pre-printed must also have a permanent label. A DEPARTMENT OF TRANSPORTATION name/address of the manufacturer, the permanently attached label gives pre-printed model and date of ‘‘quicklook’’ information on whether the National Highway Traffic Safety manufacture, and spaces for the restraint meets the safety requirements, Administration purchaser to fill in his/her name and recommended installation and use, and warnings against misuse. Reports, Forms and Record Keeping address. Optionally, child restraint Requirements; Agency Information manufacturers are permitted to add to Affected Public: Businesses. Collection Activity Under OMB Review the registration form: (a) Specified Estimated Total Annual Burden: statements informing CRS owners that 39,247 hours. AGENCY: National Highway Traffic they may register online; (b) the Internet Safety Administration, U.S. Department address for registering with the 1 http://www-odi.nhtsa.dot.gov/cars/problems/ of Transportation. company; (c) revisions to statements recalls/register/childseat/csregfrm.pdf.

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ADDRESSES: Send comments, within 30 including whether the information will automated collection techniques or days, to the Office of Information and have practical utility; the accuracy of other forms of information technology. Regulatory Affairs, Office of the Departments estimate of the burden A Comment to OMB is most effective if Management and Budget, 725 17th of the proposed information collection; OMB receives it within 30 days of Street, NW., Washington, DC 20503, ways to enhance the quality, utility and publication. Attention NHTSA Desk Officer. clarity of the information to be Issued on: June 10, 2011. Comments are invited on: Whether collected; and ways to minimize the Christopher J. Bonanti, the proposed collection of information burden of the collection of information Associate Administrator for Rulemaking. is necessary for the proper performance on respondents, including the use of of the functions of the Department, BILLING CODE 4910–59–P

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[FR Doc. 2011–14995 Filed 6–15–11; 8:45 am] BILLING CODE 4910–59–C

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DEPARTMENT OF TRANSPORTATION see the Public Participation heading of who are to respond, including the use the Supplementary Information section of appropriate automated, electronic, National Highway Traffic Safety of this document. Note that all mechanical, or other technological Administration comments received will be posted collection techniques or other forms of [U.S. DOT Docket Number NHTSA–2011– without change to http:// information technology, e.g. permitting 0025] www.regulations.gov, including any electronic submission of responses. personal information provided. Anyone In compliance with these Reports, Forms, and Recordkeeping is able to search the electronic form of requirements, NHTSA asks for public Requirements all comments received into any of our comments on the following request for dockets by the name of the individual reinstatement of a previously approved AGENCY: National Highway Traffic submitting the comment (or signing the collection of information: Safety Administration (NHTSA), comment, if submitted on behalf of an Title: Consolidated Labeling Department of Transportation. association, business, labor union, etc.). Requirements for 49 CFR 541, 565 and ACTION: Request for public comment on You may review DOT’s complete 567. a reinstatement of a previously Privacy Act Statement in the Federal OMB Control Number: 2127–0510. approved collection of information. Register published on April 11, 2000 Form Number: None. (65 FR 19477–78). Affected Public: Vehicle SUMMARY: Before a Federal agency can manufacturers. collect certain information from the Docket: For access to the docket to read background documents or Requested Expiration Date of public, it must receive approval from Approval: Three years from the the Office of Management and Budget comments received, go to the street address listed above. The Internet access approval date. (OMB). Under procedures established Abstract: For parts 541, 565 and 567. by the Paperwork Reduction Act of to the docket will be at http:// 1995, before seeking OMB approval, www.regulations.gov. Follow the online Part 541 instructions for accessing the dockets. Federal agencies must solicit public The Motor Vehicle Information and comment on proposed collections of FOR FURTHER INFORMATION CONTACT: Cost Savings Act was amended by the information, including extensions and Complete copies of each request for Anti-Car Theft Act of 1992 (Pub. L. 102– reinstatement of previously approved collection of information may be 519). The enacted Theft Act requires collections. obtained at no charge from Ms. Deborah specified parts of high-theft vehicle to This document describes one Mazyck, NHTSA, 1200 New Jersey be marked with vehicle identification collection of information for parts 541, Avenue, SE., West Building, Room numbers. In a final rule published on 565, and 567 for which NHTSA intends W43–443, Washington, DC 20590. Ms. April 6, 2004, the Federal Motor Vehicle to seek OMB approval. Mazyck’s telephone number is (202) Theft Prevention Standard was DATES: Comments must be received on 366–4139 and e-mail address is extended to include all passenger cars or before August 15, 2011. [email protected]. Please and multipurpose passenger vehicles identify the relevant collection of ADDRESSES: You may submit comments with a gross vehicle weight rating of information by referring to its OMB [identified by DOT Docket No. NHTSA– 6,000 pounds or less, and to light duty Control Number. 2011–0025] by any of the following trucks with major parts that are methods: SUPPLEMENTARY INFORMATION: Under the interchangeable with a majority of the • Federal eRulemaking Portal: Go to Paperwork Reduction Act of 1995, covered major parts of multipurpose http://www.regulations.gov. Follow the before an agency submits a proposed passenger vehicles. Each major online instructions for submitting collection of information to OMB for component part must be either labeled comments. approval, it must first publish a or affixed with the VIN and its • Mail: Docket Management Facility: document in the Federal Register replacement component part must be U.S. Department of Transportation, 1200 providing a 60-day comment period and marked with the DOT symbol, the letter New Jersey Avenue, SE., West Building, otherwise consult with members of the (R) and the manufacturers’ logo. The Ground Floor, Room W12–140, public and affected agencies concerning final rule became effective September 1, Washington, DC 20590–0001. each proposed collection of information. 2006. Due to expansion of the Federal • Hand Delivery or Courier: West The OMB has promulgated regulations Motor Vehicle Theft Prevention Building Ground Floor, Room W12–140, describing what must be included in Standard (part 541), all passenger cars, 1200 New Jersey Avenue, SE., such a document. Under OMB’s and multipurpose passenger vehicles Washington, DC, between 9 a.m. and regulation (at 5 CFR 1320.8(d), an with a gross vehicle weight rating of 5 p.m. ET, Monday through Friday, agency must ask for public comment on 6,000 pounds or less, and light duty except Federal holidays. the following: trucks with major parts that are • Fax: 1–202–493–2251. (i) Whether the proposed collection of interchangeable with a majority of the • You may call the Docket at (202) information is necessary for the proper covered major parts of multipurpose 366–9324. performance of the functions of the passenger vehicles, are required to be Regardless of how you submit your agency, including whether the parts marked. comments, you should mention the information will have practical utility; NHTSA estimates the vehicle docket number of this document. Please (ii) The accuracy of the agency’s manufacturers will incur a total cost identify the proposed collection of estimate of the burden of the proposed burden of $122,138,000 million. information for which a comment is collection of information, including the provided, by referencing its OMB validity of the methodology and Parts 565 and 567 clearance number. It is requested, but assumptions used; NHTSA’s statute at 15 U.S.C. 1392, not required, that two copies of the (iii) How to enhance the quality, 1397, 1401, 1407, and 1412 of the comment be provided. utility, and clarity of the information to National Traffic and Motor Vehicle Instructions: For detailed instructions be collected; Safety Act of 1966 authorizes the on submitting comments and additional (iv) How to minimize the burden of issuance of Federal Motor Vehicle information on the rulemaking process, the collection of information on those Safety Standard (FMVSS) and the

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collection of data which support their provide the consumer with information Safety Standard (FMVSS) No. 225, Child implementation. The agency, in to assist him or her in determining restraint anchorage systems. Toyota has prescribing an FMVSS, is to consider which of the Federal Motor Vehicle filed an appropriate report pursuant to available relevant motor vehicle safety Safety Standards are applicable to the 49 CFR part 573, Defect and data and to consult with other agencies vehicle or equipment, and its date of Noncompliance Responsibility and as it deems appropriate. Further, the Act manufacturer. Reports (dated March 17, 2011). mandates, that in issuing any FMVSS, NHTSA estimates a cost burden of Pursuant to 49 U.S.C. 30118(d) and the agency should consider whether the $13,348,000 for this requirement. 30120(h) (see implementing rule at 49 standard is reasonable, practicable and Estimated Annual Burden: The CFR part 556), Toyota has petitioned for appropriate for the particular type of overall total estimated annual hour an exemption from the notification and motor vehicle or item of motor vehicle burden for this collection is 798,047. remedy requirements of 49 U.S.C. equipment for which it is prescribed, The overall total estimated cost burden Chapter 301 on the basis that this and whether such standards will for this collection is $122,138,000 noncompliance is inconsequential to contribute to carrying out the purpose of million. motor vehicle safety. the Act. The Secretary is authorized to Number of Respondents: The total This notice of receipt of Toyota’s revoke such rules and regulations as number of respondents for this petition is published under 49 U.S.C. deemed necessary to carry out this collection (part 541, 565 and part 567) 30118 and 30120 and does not represent subchapter. Using this authority, the is 1,104. any agency decision or other exercise of agency issued the initial FMVSS No. Comments are invited on: Whether judgment concerning the merits of the 115, Vehicle Identification Number, the proposed collection of information petition. specifying requirements for vehicle is necessary for the proper performance Affected are approximately 9,122 identification numbers to aid the agency of the functions of the Department, model year 2011 Toyota Sienna in achieving many of its safety goals. including whether the information will passenger cars that were manufactured The standard was amended in August have practical utility; the accuracy of between January 3, 2011 and February 1978 by extending its applicability to the Department’s estimate of the burden 11, 2011. additional classes of motor vehicles and of the proposed information collection; NHTSA notes that the statutory by specifying the use of a 30-year, 17- ways to enhance the quality, utility and provisions (49 U.S.C. 30118(d) and character Vehicle Identification Number clarity of the information to be 30120(h)) that permit manufacturers to (VIN) for worldwide use. The standard collected; and ways to minimize the file petitions for a determination of was amended in May 1983 by deleting burden of the collection of information inconsequentiality allow NHTSA to portions of FMVSS No. 115 and on respondents, including the use of exempt manufacturers only from the reissuing those portions as a general automated collection techniques or duties found in sections 30118 and agency regulation, part 565. other forms of information technology. 30120, respectively, to notify owners, Subsequently, the standard was purchasers, and dealers of a defect or Issued on: June 10, 2011. amended again in June 1996 transferring noncompliance and to remedy the the text of the FMVSS No. 115 to part Christopher J. Bonanti, defect or noncompliance. Therefore, 565, without making any substantive Associate Administrator for Rulemaking. these provisions only apply to the changes to the VIN requirements as a [FR Doc. 2011–14993 Filed 6–15–11; 8:45 am] 9,122 3 model year 2011 Toyota Sienna result of the proposed consolidation. BILLING CODE 4910–59–P passenger cars that Toyota no longer The provision of the part 565 (amended) controlled at the time it determined that regulation requires vehicle the noncompliance existed. manufacturers to assign a unique VIN to DEPARTMENT OF TRANSPORTATION Paragraph S9.5 of FMVSS No. 225 each new vehicle and to inform NHTSA requires in pertinent part: of the code used in forming the VIN. National Highway Traffic Safety These regulations apply to all vehicles: Administration S9.5 Marking and conspicuity of the lower anchorages. Each vehicle shall comply with Passenger cars, multipurpose passenger [Docket No. NHTSA–2011–0058; Notice 1] S9.5(a) or (b). (a) Above each bar installed vehicles, trucks, buses, trailers, pursuant to S4, the vehicle shall be incomplete vehicles, and motorcycles. Toyota Motor Corporation, Inc., on permanently marked with a circle * * * NHTSA has amended to part 565 to Behalf of Toyota Corporation, and (1) That is not less than 13 mm in revise certain sections in order to extend Toyota Manufacturing, Indiana, Inc., diameter; the existing VIN system for another Receipt of Petition for Decision of (2) That is either solid or open, with or thirty years, and to ensure a sufficient Inconsequential Noncompliance without words, symbols or pictograms, supply of unique available VINs and provided that if words, symbols or manufacturer identifiers for that time Toyota Motor North America, Inc., on pictograms are used, their meaning is period (72 FR 56027, October 2, 2007). behalf of Toyota Motor Corporation,1 explained to the consumer in writing, such The agency required information to be and Toyota Manufacturing, Indiana, as in the vehicle’s owners manual; and Inc.2 (collectively referred to as as (3) That is located such that its center is provided in a slightly different way on each seat back between 50 and 100 mm (e.g., vehicle make being transferred ‘‘Toyota’’) has determined that certain model year 2011 Toyota Sienna from the first to the second section of 3 Toyota’s petition, which was filed under 49 CFR the VIN), the scope of the overall passenger cars manufactured between Part 556, requests an agency decision to exempt reporting requirement of part 565 will January 3, 2011 and February 11, 2011, Toyota as a vehicle manufacturer from the not change. do not fully comply with paragraph notification and recall responsibilities of 49 CFR S9.5(a)(3) of Federal Motor Vehicle Part 573 for 9,122 of the affected vehicles. However, Part 567 specifies the content and the agency cannot relieve vehicle distributors and location of, and other requirements for, dealers of the prohibitions on the sale, offer for sale, the certification label or tag to be affixed 1 Toyota Motor Corporation is a Japanese introduction or delivery for introduction into to motor vehicles and motor vehicle corporation that manufactures and imports motor interstate commerce of the noncompliant vehicles vehicles. under their control after Toyota notified them that equipment. Specifically, the VIN is 2 Toyota Manufacturing, Indiana, Inc., is an the subject noncompliance existed. Those vehicles required to appear on the certification Indiana corporation that manufactures motor must be brought into conformance, exported, or label. Additionally, this certificate will vehicles. destroyed.

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above or on the seat cushion 100 ±25 mm would have limited the lateral tolerance restraint label location being slightly forward of the intersection of the vertical to ±12 mm. In response to a petition for outside the limits of the requirement. transverse and horizontal longitudinal planes reconsideration from vehicle (8) The model year 2011 Sienna is intersecting at the horizontal centerline of manufacturers concerned that such a sold by Toyota in both the United States each lower anchorage, as illustrated in Figure 22. The center of the circle must be in the low tolerance would be difficult to meet and Canada and the subject vertical longitudinal plane that passes due to process limitations and seat noncompliance was reported to both through the center of the bar (±25 mm); design features, NHTSA amended the NHTSA and Transport Canada at the (4) The circle may be on a tag * * * standard to allow the current ±25 mm same time. (In Canada, the applicable tolerance. 69 Fed Reg. 48818 (August Toyota explains that the standard is CMVSS 210.2; it contains 11, 2004). In doing so, The agency noncompliance is that the label the same requirements as FMVSS No. stated: identifying the location of the lower 225). Transport Canada responded on child restraint anchorages in some of the ‘‘* * * Moreover, the agency believes March 23, indicating it concurs that second row seats of the affected vehicles that increasing the tolerance to 25 mm ‘‘there is no real or implied degradation are located slightly outside the limits as will not significantly affect the to motor vehicle safety,’’ and that no stated within the requirements of consumers’ ability to find the LATCH further action in Canada will be S9.5(a)(3) of FMVSS No. 225. anchorages. While anchor bars are required. Specifically, Toyota also explains that permitted to be as short as 25 mm in the In summation, Toyota believes that ‘‘the potential deviation of the label straight portion of the bar, most are the described noncompliance of its location outside the requirement is very considerably longer. Even if a 25 mm vehicles to meet the requirements of small. In a detailed survey of a bar were used, with a 25 mm tolerance FMVSS No. 225 is inconsequential to randomly selected subset involving 18 from the center of the bar, the circle will motor vehicle safety, and that its of these vehicles in which a deviation be, at farthest, tangent to a longitudinal petition, to exempt from providing was observed, the mean deviation was vertical plane tangent to the side of the recall notification of noncompliance as approximately +1.4 mm (i.e., 26.4 mm anchorage bar. If a person were to probe required by 49 U.S.C. 30118 and from the centerline); the maximum the seat bight in the area directly under remedying the recall noncompliance as deviation observed was +2.5 mm (i.e., the marking circle, his or her finger required by 49 U.S.C. 30120 should be 27.5 mm from the centerline); and the would easily contact the bar. For bars granted. standard deviation was only 0.5 mm. that are greater than 25 mm in length, Interested persons are invited to While a survey carried out by the seat with a 25 mm tolerance a portion of the submit written data, views, and supplier also supports Toyota’s marking circle will always be over some arguments on this petition. Comments assertions that the potential deviation of part of the bar. In either situation, must refer to the docket and notice the label location from the specified marking the circle with a 25 mm number cited at the beginning of this requirements is very small. In the tolerance will adequately provide a notice and be submitted by any of the supplier’s survey of 240 labels on 120 visual reminder to consumers that the following methods: seats, 3 labels were outside of the LATCH system is present and will help a. By mail addressed to: U.S. specifications of FMVSS No. 225. All 3 users locate and use the bars. Adopting Department of Transportation, Docket of those labels were measured at +1 mm the 25 mm tolerance will also Operations, M–30, West Building beyond the specification, or 26 mm from harmonize FMVSS No. 225 with the Ground Floor, Room W12–140, 1200 the centerline.’’ comparable Transport Canada New Jersey Avenue, SE., Washington, Toyota stated its belief that although requirement.’’ DC 20590. the lower child anchorage labels are (4) The seat design is such that only b. By hand delivery to U.S. outside the specified limits of this one label at a seating position can be Department of Transportation, Docket requirement that the noncompliance is noncompliant. As the seat cover, is Operations, M–30, West Building inconsequential to motor vehicle safety constructed, the labels are secured to Ground Floor, Room W12–140, 1200 for the following reasons: the fabric a specified distance apart that New Jersey Avenue, SE., Washington, (1) The measured deviations are very reflects the location of each pair of DC 20590. The Docket Section is open minor, and such a slight deviation is not anchorages, and the labels are designed on weekdays from 10 a.m. to 5 p.m. noticeable to consumers and would not to be within the lateral tolerance of the except Federal holidays. impair a consumer’s ability to locate the standard. c. Electronically: by logging onto the lower anchorages. (5) Information provided in the Federal Docket Management System (2) Paragraph S9.1 of FMVSS No. 225 vehicle owner’s manual further reduces (FDMS) Web site at http:// requires that the length of the straight any possibility of confusion when www.regulations.gov/. Follow the online portion of the lower anchorage bar be a installing a child restraint. The instructions for submitting comments. minimum of 25 mm. In the affected instructions clear advise the installer to Comments may also be faxed to 1–202– vehicles the length is 30 mm; the total recline the second row seat and widen 493–2251. length including the curved portions is the gap between the seat cushion and Comments must be written in the 54 mm. As a result, even with greater the seatback to expose the lower English language, and be no greater than deviations than noted above in label anchorages. 15 pages in length, although there is no location, some part of the label would (6) The label locations are correct for limit to the length of necessary be over some part of the bar, making the the LATCH anchorage system located at attachments to the comments. If bar easy to locate. the third row center seating position.4 comments are submitted in hard copy (3) The regulatory history of the (7) There have been no customer form, please ensure that two copies are ± provision allowing a 25 mm lateral complaints, injuries, or accidents provided. If you wish to receive tolerance for the location of the center related to the deviation of the child confirmation that your comments were of the circular label further supports the received, please enclose a stamped, self- argument that this noncompliance has 4 Toyota indicated that this LATCH anchorage is addressed postcard with the comments. no adverse safety consequences. As not required by the standard, but was voluntarily Note that all comments received will be originally adopted, FMVSS No. 225 installed by Toyota. posted without change to http://

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www.regulations.gov, including any had previously granted to CSXT 3 to DEPARTMENT OF THE TREASURY personal information provided. operate over INRD’s Chicago Documents submitted to a docket may Subdivision, between the connection of Open Meeting of the President’s be viewed by anyone at the address and CSXT and INRD trackage at ConMil at Advisory Council on Financial times given above. The documents may approximately INRD milepost 175.5 and Capability also be viewed on the Internet at the connection of CSXT and INRD AGENCY: Department of the Treasury. http://www.regulations.gov by following trackage at approximately INRD ACTION: Notice of meeting. the online instructions for accessing the milepost 181.7, a distance of 6.2 miles. dockets. DOT’s complete Privacy Act The new trackage rights will allow SUMMARY: The President’s Advisory Statement is available for review in the CSXT’s crews to deliver trains to and Council on Financial Capability Federal Register published on April 11, receive trains from INRD on INRD’s (‘‘Council’’) will convene its third 2000, (65 FR 19477–78). newly constructed Martin Siding south meeting on July 12, 2011 via audio The petition, supporting materials, of Belt Junction. webcast beginning at 2:30 p.m. Eastern and all comments received before the Time. The webcast will be open to the The transaction may be consummated close of business on the closing date public. Details about how to access the on June 30, 2011, the effective date of indicated below will be filed and will be audio webcast will be posted on the the exemption (30 days after the considered. All comments and Treasury’s Office of Financial Education supporting materials received after the exemption was filed). and Financial Access’ Web site at closing date will also be filed and will As a condition to this exemption, any http://www.treasury.gov (click on be considered to the extent possible. employees affected by the trackage Resource Center, then on Office of When the petition is granted or denied, rights will be protected by the Financial Education and Financial notice of the decision will be published conditions imposed in Norfolk & Access and finally on President’s in the Federal Register pursuant to the Western Railway—Trackage Rights— Advisory Council on Financial authority indicated below. Burlington Northern, Inc., 354 I.C.C. 605 Capability). The Council will receive a Comment closing date: July 18, 2011. (1978), as modified in Mendocino Coast report from the Council’s Authority: 49 U.S.C. 30118, 30120: Railway—Lease & Operate—California subcommittees (Financial Access, delegations of authority at CFR 1.50 and Western Railroad, 360 I.C.C. 653 (1980). Research and Evaluation, Partnerships, 501.8. and Youth) on their progress and This notice is filed under 49 CFR Issued on: June 10, 2011. discuss any possible recommendations. 1180.2(d)(7). If the notice contains false Claude H. Harris, DATES: The meeting will be held on July or misleading information, the 12, 2011, at 2:30 p.m. Eastern Time. Director, Office of Vehicle Safety Compliance. exemption is void ab initio. Petitions to Submission of Written Statements: [FR Doc. 2011–14902 Filed 6–15–11; 8:45 am] revoke the exemption under 49 U.S.C. BILLING CODE 4910–59–P The public is invited to submit written 10502(d) may be filed at any time. The statements to the Council. Written filing of a petition to revoke will not statements should be sent by any one of DEPARTMENT OF TRANSPORTATION automatically stay the effectiveness of the following methods: the exemption. Stay petitions must be Surface Transportation Board filed by June 23, 2011 (at least 7 days Electronic Statements before the exemption becomes E-mail [email protected]; or effective). [Docket No. FD 35528] Paper Statements An original and 10 copies of all Send paper statements to the CSX Transportation, Inc.; Trackage pleadings, referring to Docket No. FD Department of the Treasury, Office of Rights Exemption; The Indiana Rail 35528, must be filed with the Surface Road Company Financial Education and Financial Transportation Board, 395 E Street, SW., Access, Main Treasury Building, 1500 Pursuant to a supplemental trackage Washington, DC 20423–0001. In Pennsylvania Avenue, NW., rights agreement (Supplemental addition, a copy of each pleading must Washington, DC 20220. Agreement No. 1),1 The Indiana Rail be served on Louis E. Gitomer, 600 In general, the Department will make Road Company (INRD) has agreed to Baltimore Ave., Suite 301, Towson, MD all statements available in their original grant overhead trackage rights to CSX 21204. format, including any business or 2 Transportation, Inc. (CSXT) over Board decisions and notices are personal information provided such as approximately 3.5 miles of rail line in available on our Web site at ‘‘http:// names, addresses, e-mail addresses, or Terre Haute, Vigo County, Ind., as www.stb.dot.gov.’’ telephone numbers, for public follows: Between Belt Junction inspection and photocopying in the (milepost 181.7) and the south end of Decided: June 8, 2011. Department’s library, Room 1428, Main INRD’s Martin Siding (milepost 185.2), By the Board. Department Building, 1500 including a right of entry and exit at the Rachel D. Campbell, Pennsylvania Avenue, NW., connections of INRD with CSXT at Belt Director, Office of Proceedings. Washington, DC 20220, on official Junction and Spring Hill (milepost Jeffrey Herzig, business days between the hours of 10 182.7). a.m. and 5 p.m. You can make an The new trackage rights agreement Clearance Clerk. appointment to inspect statements by extends the trackage rights that INRD [FR Doc. 2011–14640 Filed 6–15–11; 8:45 am] calling (202) 622–0990. All statements BILLING CODE 4915–01–P received, including attachments and 1 A draft of the agreement was included with the other supporting materials, are part of notice of exemption. The parties state that, upon the public record and subject to public execution of the agreement, an executed copy will be filed with the Board. 3 See CSX Transp., Inc.—Trackage Rights disclosure. You should only submit 2 CSXT controls INRD. CSX Corp.—Control—Ind. Exemption—Ind. Rail Rd., FD 35058 (STB served information that you wish to make Rail Rd., FD 32892 (STB served Nov. 7, 1996). July 13, 2007). publicly available.

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FOR FURTHER INFORMATION CONTACT: meeting, each Council subcommittee U.S.C. App. 2 and the regulations Dubis Correal, Director, Office of presented a progress report and the thereunder, Dubis Correal, Designated Financial Education, Department of the recommendations it thought the Council Federal Officer of the Council, has Treasury, 1500 Pennsylvania Avenue, as a whole should make to the President ordered publication of this notice that NW., Washington, DC 20220, at (202) and the Secretary. The Council agreed to the Council will convene its third 622–5770 or [email protected]. make two recommendations: (1) That meeting on July 12, 2011, via audio Treasury support the Workplace Leaders webcast, beginning at 2:30 p.m. Eastern SUPPLEMENTARY INFORMATION: On in Financial Educations Award, Time. The meeting will be open to the January 29, 2010, the President signed administered by the American Institute public. Details on how to access the Executive Order 13530, creating the of Certified Public Accountants and the audio webcast will be posted closer to Council to assist the American people in Society for Human Resources the date of the meeting at http:// understanding financial matters and Management; and (2) that the Treasury www.treasury.gov (click on Resource making informed financial decisions, issue a challenge to the private sector to Center, then Office of Financial thereby contributing to financial create applications for mobile devices Education and Financial Access, and stability. The Council is composed of then on the President’s Advisory two ex officio Federal officials and 11 that promote financial capability and financial access. The Department of the Council on Financial Capability) or call non-governmental members appointed (202) 622–5770. The purpose of the by the President with relevant Treasury is looking into how to implement those recommendations. meeting is to receive an update from the backgrounds, such as financial services, Council’s subcommittees on their ideas, consumer protection, financial access, Additionally, the Council discussed the composition of its subcommittees and progress, and discuss any possible and education. The role of the Council recommendations. is to advise the President and the their priorities, and decided that it Secretary of the Treasury on means to would be more effective to embed the Dated: June 9, 2011. promote and enhance individuals’ and work of the ‘‘Strategy’’ subcommittee Alastair Fitzpayne, families’ financial capability. The into the work of the other Executive Secretary, U.S. Department of the Council held its first meeting on subcommittees. Treasury. November 30, 2010 and its second on In accordance with section 10(a) of [FR Doc. 2011–14998 Filed 6–15–11; 8:45 am] April 21, 2011. During the April 2011 the Federal Advisory Committee Act, 5 BILLING CODE 4810–25–P

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Part II

Department of Commerce

Bureau of Industry and Security 15 CFR Parts 732, 738, 740, et al. Export Control Reform Initiative: Strategic Trade Authorization License Exception; Final Rule

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DEPARTMENT OF COMMERCE of strengthening national security and risk of unauthorized uses. To safeguard the competitiveness of key U.S. against reexports to destinations that are Bureau of Industry and Security manufacturing and technology sectors not authorized under License Exception by focusing on current threats and STA, License Exception STA imposes 15 CFR Parts 732, 738, 740, 743, and adapting to the changing economic and certain notification and consignee 774 technological landscape. The review statement requirements. The exception [Docket No. 100923470–1230–03] determined that the current export does not alter any of the General control system is overly complicated, Prohibitions in the EAR against exports, RIN 0694–AF03 contains too many redundancies, and, reexports, or transfers to proscribed end in trying to protect too much, users, end uses, or destinations. Under Export Control Reform Initiative: diminishes our ability to focus our the direction of the Office of Strategic Trade Authorization License efforts on the most critical national Management and Budget, this rule was Exception security priorities. See, e.g., August 30, reviewed and cleared by the AGENCY: Bureau of Industry and 2010 press release by the White House, Departments of Defense, State, Energy, Security, Commerce. Office of the Press Secretary at http:// the Treasury, Homeland Security, and www.whitehouse.gov/the-press-office/ Justice. ACTION: Final Rule. 2010/08/30/president-obama- The exception is only relevant to exports, reexports, and transfers for SUMMARY: This rule adds a new license laysfoundation-a-new-export- which a license is required under the exception to the Export Administration controlsystem-strengthen-n. As a result, EAR. Thus, if the EAR do not impose an Regulations (EAR) that authorizes the the Administration has begun the obligation to apply for and receive a export, reexport, and transfer (in- Export Control Reform Initiative, which license before exporting, reexporting, or country) of specified items to will fundamentally reform the U.S. transferring an item subject to the EAR, destinations that pose relatively low risk export control system. The Export STA is not relevant to the transaction. that those items will be used for a Control Reform Initiative is designed to For exports, reexports, and transfers purpose that license requirements are enhance U.S. national security and where STA is relevant, its use is designed to prevent. Use of the strengthen the United States’ ability to counter threats such as the proliferation optional. Parties may use other license exception is conditioned upon the of weapons of mass destruction. The exceptions that authorize a planned creation and exchange by the parties to Administration determined that transaction or apply for a license if they the transaction of notifications and fundamental reform is needed with prefer to do so. statements designed to provide transformation to a single control list, a On December 9, 2010, BIS issued a assurance against diversion of such single licensing agency, a single proposed rule (75 FR 76653) describing items to other destinations. The information technology system, and a the proposed new License Exception exception is only relevant to exports, single primary enforcement STA that would be an initial step in the reexports, and transfers for which a coordination agency. The Export Control Reform Initiative. BIS license is required under the EAR. Thus, Administration is implementing the received 41 submissions commenting on if the EAR do not impose an obligation reform in three phases. The first two the proposed rule. They are available for to apply for and receive a license before phases involve short-and medium-term review at: http://www.regulations.gov exporting, reexporting, or transferring adjustments to the current export (ID # BIS–2010–0038) and on http:// an item subject to the EAR, STA is not control system, with a focus on efoia.bis.doc.gov/pubcomm/records-of- relevant to the transaction. The establishing harmonized control lists comments/record_of_comments_sta.pdf. exception does not alter any of the and processes among the Departments This final rule implements License General Prohibitions in the EAR against of Commerce, State, and the Treasury to Exception STA. It reflects review and unlicensed exports, reexports, or the extent practicable in order to build analysis of the public comments. A transfers to proscribed end users, end toward the third phase of the single summary of the comments and uses, or destinations. This rule, has been control list, licensing agency, responses are provided below under cleared by several departments, information technology system, and ‘‘Review of Public Comments.’’ including Defense, State, Homeland enforcement coordination agency. Security, and Justice. This rule is part of Summary of Changes in the Final Rule Under this approach, new criteria for as Compared to the Proposed Rule the Administration’s Export Control determining what items need to be Reform Initiative, undertaken as a result controlled and a common set of policies Releases of software source code and of the fundamental review of the U.S. for determining when an export license technology: Section 740.20 makes export control system that the President is required will be implemented. The specific reference to releases within a announced in August 2009. control list criteria will be based on single country of software source code DATES: Effective date June 16, 2011. transparent rules, which will reduce the and technology to foreign nationals and FOR FURTHER INFORMATION CONTACT: uncertainty faced by our allies, U.S. provides a different notification William Arvin, Regulatory Policy industry, and its foreign partners, and procedure than that required for Division, Bureau of Industry and will allow the government to erect exports, reexports and other in country Security, [email protected] or higher enforcement walls around the transfers. These changes are in response 202–482–2440. most sensitive items in order to enhance to public comments. They are described below under the topic heading ‘‘review SUPPLEMENTARY INFORMATION: national security. of public comments.’’ Background A New License Exception as an Initial Clarification of terminology in Step in Reform § 740.20: The term ‘‘transactions’’ in The Administration’s Export Control License Exception Strategic Trade § 740.20 has been replaced with the Reform Initiative Authorization (STA) authorizes, with more explicit ‘‘exports, reexports and in In August 2009, the President directed conditions, the export, reexport and country transfers’’ to avoid confusion a broad-based interagency review of the transfer (in-country) of specified items that might otherwise arise when a single U.S. export control system with the goal to destinations that pose relatively low shipment or single sale includes some

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items that are subject to License 1C351.a, .b, .c, .d.5, .d.6 or .e, 1C352, controlled by 9E003.a.1, 9E003.a.2, Exception STA and some that are not. 1C353, 1C354 or 1C360) or in ECCN 9E003.a.3, 9E003.a.4, 9E003.a.5, Items in such shipment or sale that are 1E351 may not be exported, reexported, 9E003.c, 9E003.i (other than technology not being exported, reexported or or transferred under the authority of for fan or power turbines), 9E003.h; or transferred pursuant to License License Exception STA. The potential of • Equipment controlled by 9B001. Exception STA need not meet the these items to make a direct (B) License Exception STA may not be requirements of License Exception STA. contribution to the creation of weapons used for 9D001 ‘‘software’’ that is Notification to consignee, consignee of mass destruction and United States specially designed or modified for the statement and destination control Government policy to deter the spread ‘‘development’’ of ‘‘technology’’ statement: The revised provisions of of chemical and biological weapons controlled by 9E003.a.1, 9E003.a.2, § 740.20(d) are based on consideration warrants excluding them from STA 9E003.a.3, 9E003.a.4, 9E003.a.5, of the public’s comments regarding the eligibility. 9E003.c, 9E003.i (other than technology proposed notification requirements. The Items in ECCN 1C351.d.1, .2, .3, .4, .7, for fan or power turbines) or 9E003.h. final rule retains the requirement to .8, .9, or .10 may be exported, (C) License Exception STA may not be furnish to the consignee the ECCN of reexported, or transferred under the used for 9D004.f or 9D004.g ‘‘software’’. each item to be shipped to the authority of License Exception STA in (D) License Exception STA may not consignee, but does not require that the quantities up to 100 milligrams of any be used for 9E001 ‘‘technology’’ ECCN be furnished for every successive one toxin per shipment and no more according to the General Technology shipment of the item at issue to the than six shipments may be sent to any Note for the ‘‘development’’ of 9A001.b same consignee so long as the ECCN one end user in any one calendar year. engines or components of engines remains accurate. In addition, one Unlike the items described in the controlled by 9A001.b if such consignee statement may be used for previous paragraph, the items described components incorporate: multiple shipments. The final rule, in the ECCNs identified in this • Any of the ‘‘technologies’’ however, requires the exporter, paragraph have more widespread controlled by 9E003.a.1, 9E003.a.2, reexporter, or transferor to keep a log or commercial and medical applications 9E003.a.3, 9E003.a.4, 9E003.a.5, other written record that identifies each and are not of a type that can be used 9E003.c, 9E003.i (other than technology shipment made under License to generate or grow large quantities of for fan or power turbines) or 9E003.h; or Exception STA and identifies the the toxin. The quantity and frequency • Any of the 9D001 or 9D002 software specific consignee statement that is cap in this aspect of STA is designed to in paragraphs (A) or (B) above. associated with each shipment. In allow for shipments under the exception (E) License Exception STA may not be addition, the destination control to destinations of relatively low risk for used for 9E002 ‘‘technology’’ according statement described in the proposed appropriate end uses, but not allow for to the General Technology Note for the rule is replaced with a more general even the potential of unapproved ‘‘production’’ of components of engines notice requirement. The changes are stockpiling of such items in amounts controlled by 9A001.b if such described below under the topic that would create proliferation threats. components incorporate any of the heading ‘‘Final Rule Revisions to Modifications to License Exception ‘‘technologies’’ controlled by 9E003.a.1, License Exception STA Safeguards.’’ As GOV: Supplement No. 1 to § 740.11 is 9E003.a.2, 9E003.a.3, 9E003.a.4, revised, § 740.20(d) provides the proper revised to remove the prohibition on use 9E003.a.5, 9E003.c, 9E003.i (other than assurances that items shipped under of License Exception GOV to export technology for fan or power turbines), License Exception STA will remain items controlled for chemical and 9E003.h. within the group of low risk biological weapons reasons (CB) to (F) License Exception STA may not be destinations without posing excessive agencies of cooperating governments (as used for ‘‘technology’’ in 9E003.a.1, and complex burdens on parties trading defined in § 740.11(b)(3)(ii) of the EAR) 9E003.a.2, 9E003.a.3, 9E003.a.4, in items subject to the EAR. and to their embassies and consulates 9E003.a.5, 9E003.c, 9E003.i (other than STA paragraphs: Based on a (as defined in § 740.11(b)(2)(iv) of the technology for fan or power turbines) or suggestion in the public comments, the EAR) located in Country Group B (Supp. 9E003.h. STA license exception paragraphs in 49 No. 1 to part 740 of the EAR). This A review of gas turbine engine ECCNs have been revised to state more change is needed to facilitate the export technology has been unable to establish clearly that they apply only to the of pathogens and toxins to governments a satisfactory method of distinguishing destinations listed in paragraph (c)(2) of of cooperating countries to facilitate the foregoing gas turbine engine § 740.20 and not to STA as a whole. collaborative responses to outbreaks of technology and software that is within This change is described below under disease, whether man-made or naturally the scope of Tier 1 from such the topic heading ‘‘review of public occurring, in the absence of eligibility technology that is within the scope of comments.’’ under License Exception STA as noted Tier 2 (See 75 FR 76665, December 9, Removal of EI eligibility: Items above. 2010 for an explanation of the Tier 1 controlled for encryption (EI) reasons Removal of certain gas turbine engine and Tier 2 criteria). Accordingly, such are ineligible for License Exception related software and technology technology and software may not be STA, because of a determination that eligibility: Section 740.20 is revised to exported under the authority of License License Exception STA is not the make the following software and Exception STA. appropriate approach to addressing the technology ineligible for license Removal of Unneeded License government interests in encryption exception STA. export controls. Accordingly, BIS will (A) License Exception STA may not Exception STA Paragraph From ECCN address encryption-related aspects of be used for 9D001 or 9D002 ‘‘software’’ 7D002 the Export Control Reform Initiative that is specially designed or modified License Exception STA paragraphs separately. for the ‘‘development’’ or ‘‘production’’ appeared in 50 ECCNs in the proposed Removal of pathogen and toxin of: rule. Those paragraphs identified items eligibility: Items described in ECCNs • Components of engines controlled that may not be shipped under License 1C351.a, .b, .c, d.5, .d.6 or .e; 1C352; by ECCN 9A001 if such components Exception STA authorizing paragraph 1C353; 1C354; 1C360; 1E001 (for incorporate any of the ‘‘technologies’’ (c)(2) (§ 740.20(c)(2) of the EAR). In both

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the proposed rule and this final rule the destinations are: Argentina, Australia, widely available from suppliers abroad, License Exception STA paragraphs in Austria, Belgium, Bulgaria, Canada, including suppliers in destinations not the ECCNs have no effect on authorizing Croatia, Czech Republic, Denmark, eligible to receive items under License paragraph (c)(1) of STA. Because Estonia, Finland, France, Germany, Exception STA under the proposed rule. software covered by ECCN 7D002 is Greece, Hungary, Iceland, Ireland, Italy, Because planned export control tiers controlled for missile technology Japan, Latvia, Lithuania, Luxembourg, have not yet been established, nothing reasons (MT), such software is ineligible Netherlands, New Zealand, Norway, can formally be assigned to an export for either authorizing paragraph (c)(1) or Poland, Portugal, Romania, Slovakia, control tier at this time. However, after authorizing paragraph (c)(2) of License Slovenia, South Korea, Spain, Sweden, reviewing the public comments and Exception STA. This final rule Switzerland, Turkey, and the United consulting with other government accordingly does not include a License Kingdom. The paragraph (c)(2) agencies, BIS has concluded that the Exception STA paragraph in ECCN destinations are: Albania, Hong Kong, ECCNs, or portions thereof, that should 7D002. India, Israel, Malta, Singapore, South be removed from the scope of STA at Africa, and Taiwan. This final rule also Clarification of Applicability of Missile this time are those identified in removes the civil end use requirement Technology Controls to ECCN 7E001 § 740.20(b)(2) of this final rule. that the proposed rule applied to and 7E002 Continuing efforts to improve export destinations listed in paragraph (c)(2). controls and refine License Exception ECCNs 7E001 and 7E002 apply inter Preclusion of License Exception APR STA. alia to technology for the development paragraph (b) in addition to paragraph As part of the President’s Export and production of equipment controlled (a): As published in the proposed rule, Control Reform Initiative, the process of by ECCNs 7A001, 7A002 and 7A003.d. this final rule precludes use of License identifying the appropriate export ECCNs 7E001 and 7E002 impose a Exception APR paragraph (a) control tier for each item on the national security reason for control on (§ 740.16(a) of the EAR) for items that Commerce Control List will continue. In all of the technology that they cover and have been shipped pursuant to License addition, agencies will continue to apply a missile technology reason for Exception STA. Also as published in the study two specific issues related License control to technology for the proposed rule, this final rule requires Exception STA. development or production of consignees in subsequent exports, One issue is whether some ‘‘build to equipment controlled for missile reexports and in country transfers print technology’’ related to gas turbine technology reasons. ECCNs 7A001, authorized by License Exception STA to engine components and controlled 7A002 and 7A003.d impose a national acknowledge that preclusion. However, under ECCN 9E002 can be made eligible security reason for control on all of the paragraph (b) of License Exception APR for License Exception STA while equipment that they cover and impose authorizes reexports to most of the excluding more critical technology. In a missile technology reason for control destinations authorized by License this instance, the term ‘‘build to print on such equipment if the equipment Exception STA and does not require technology’’ refers to information that meets the parameters of ECCN 7A101, such notice. Thus, under the proposed describes the physical and dimensional 7A102, or 7A103. That pattern is the rule, a party could receive via APR an characteristics of a component, but does reverse of the pattern that prevails in the item that previously had been shipped not reveal how to perform the processes Commerce Control List, where an item under STA and would be unaware of that are used to produce a component that is subject to an ECCN with a lower the preclusion. To remedy this with those physical and dimensional number as the third character generally inconsistent result, this final rule characteristics. would not also be subject to an ECCN revises § 740.20 to preclude the use of Another issue for further review is with a higher number as the third License Exception APR paragraph (b) if whether technology controlled under character. To guard against the an item previously has been shipped ECCN 2E003.f related to the application possibility that readers will, as a result under License Exception STA and to of certain coatings is, in whole or in of this unusual pattern, erroneously add acknowledgement of that part, appropriate for exclusion from conclude that certain 7E001 and 7E002 preclusion to the consignee statement License Exception STA. technology is not subject to the missile required under License Exception STA. technology reason for control, this rule Resolution of items under Review of Public Comments adds a sentence to the license consideration for Tier 1. Public Comments requirements sections of ECCN 7E001 The preamble to the proposed rule and 7E002 reminding readers that stated the U.S. Government was Some commenters remarked on the technology for 7A001, 7A002 and considering whether the following overall nature of License Exception 7A003.d equipment is subject to the ECCNs, in whole or part: 0A919, 1A002, STA. Many favored the concept in missile technology reason for control if 3A001, 3A002, 3A003, 3A201, 3A228, general and some noted that their own that equipment meets the parameters of 3A229, 3A232, 4A001, 4A003, 5A001, organizations likely would require fewer 7A101, 7A102 or 7A103. 6A001, 6A002, 6A003, 6A004, 6A005, licenses as a result of STA. Others 6A006, 7A001, 7A002, 7A003, 7A004, indicated that, as proposed, STA would Revisions to Eligible Destinations and 7A006, 8A001, 8A018, 9A001, 9A004, provide little or no utility for their Removal of Civil End-Use Requirement 9A012 and 9A018 and the technology organizations. Some suggested specific In this final rule, 36 countries are ECCNs related to them, met the Tier 1 changes or clarifications to STA or other included in § 740.20(c)(1), which criteria and thus would be excluded steps that BIS could take in addition to authorizes exports, reexports and in from the scope of License Exception or in lieu of License Exception STA. country transfers that are subject to STA. Commenters on the proposed rule These ideas and BIS’s responses are multiple reasons for control. Eight addressed 1A002, 3A001, 6A001, discussed below. destinations are included in 6A002, 6A003, 6A005, 7A004, 8A001, Comments related to the general § 740.20(c)(2), which authorizes export, 9A001, 9A004, 9A018, 1E001, 6E002, utility and feasibility of License reexports and in country transfers that and 9E003. Generally, those comments Exception STA. are subject to national security reasons provided support that certain specific Comment 1: Commenters’ opinions for control. The paragraph (c)(1) items covered by those ECCNs are were divided on the utility of STA.

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Some believed that the license the State Department faced a 10,000 destinations, avoiding unintentionally exception would substantially reduce case backlog in 2007 and recommended re-imposing previously removed the number of licenses needed by their that BIS proactively address potential controls, and creating records sufficient organizations; others indicated that it increases in exports and minimize for monitoring and enforcement of would result in little or no change with transaction-by-transaction authorization parties’ compliance with the conditions respect to their transactions that are requirements in order to avoid a similar and obligations of STA. subject to the EAR. situation. Response: BIS recognizes that License Response: BIS recognizes that a Comments Regarding Clarity Exception STA does not address all transfer of a large number of items from Comment 6: One commenter stated issues of public concern or even all the United States Munitions List to the that the effects of License Exception issues that have been identified as Commerce Control List could STA on encryption are unclear and pointing to a need for export control significantly increase BIS’s workload asked whether License Exception ENC reform. As noted in the preamble to the and, without adequate preparation, reporting requirements apply to an proposed rule, License Exception STA could result in backlogs and delays. BIS encryption item exported under License is only one step in the Administration’s is working to develop means for Exception STA. Export Control Reform Initiative. Other addressing those concerns. However, Response: The final rule does not measures will be needed to effect the License Exception STA is intended to permit items controlled for encryption remaining aspects of that initiative. provide a more efficient method of reasons to be exported, reexported or Comment 2: One commenter stated shipping items currently subject to the transferred under License Exception that STA provides no real benefit that is EAR to destinations that present a STA. Accordingly, any lack of clarity on not already obtainable under License relatively low risk of diversion. this point that may have been present in Exception GBS and that the latter lacks Concerns about future transfers of items the proposed rule need not be addressed the documentation requirements and from the United States Munitions List in the final rule. restrictions of STA. Several commenters are beyond the scope of the proposed Comment 7: One commenter stated indicated that they thought the rule. that BIS needs to make clear that items restrictions and documentation Comment 5: Some commenters on controlled for antiterrorism (AT) reasons requirements under STA would limit its this topic proposed a range of changes are not excluded from STA. The utility. to the EAR other than License Exception commenter noted that a license is not Response: BIS agrees that parties who STA to address to the perceived need required for AT reasons for any STA engage only in transactions that for fewer situations in which eligible destination. currently do not require licenses or that transaction-by-transaction authorization Response: This commenter’s currently are eligible for License is required. Such proposals were: (i) observation about the lack of an AT Exception GBS would not benefit from Simply removing license requirements license requirement for any STA eligible License Exception STA. A party may by removing X’s from the boxes in the destination is correct with respect to continue to use License Exception GBS Country Chart table [Supp. No. 1 to part destination-based license requirements to the extent the export at issue is 738 of the EAR]; (ii) broadening the (although Part 744 of the EAR may within the scope of that exception. validated end-user program; (iii) impose an AT license requirement for However, because License Exception creating an open general license similar specific end uses or end users in any STA is available for more ECCNs than to that used by the United Kingdom; destination). Like other License is License Exception GBS, some parties and (iv) creating an intra-company Exceptions in the EAR, STA would be will benefit from this new license transfer license that imposes fewer used only where a license requirement exception. requirements on users than BIS’s 2008 exists; if no license is required there is Comment 3: Several commenters proposal on that subject. no need to consider STA or any other expressed concern that STA did not go Response: License Exception STA is license exception. Although most far enough and cited unnamed intended as an initial step in a broad ECCNs include antiterrorism as a reason ‘‘government officials’’ as having export control reform effort. It for control, that reason for control predicted that STA will replace GBS recognizes, consistent with U.S. currently imposes a license requirement once the State and Commerce lists are international commitments, a limited for only five destinations, none of which merged. group of destinations in which the risk is eligible for STA. Although the Response: BIS currently has no plan of diversion to unauthorized absence of a reference to antiterrorism to remove License Exception GBS from destinations, parties or uses is low. It controls in License Exception STA the EAR. Determining whether GBS will also imposes certain safeguards to might cause some readers to conclude be needed in a regulatory scheme based provide reasonable assurance that items erroneously that items controlled for on a single control list is premature and exported, reexported, or transferred antiterrorism reasons may not be beyond the scope of the proposed rule. pursuant to STA will not be diverted shipped under license exception STA, Comment 4: Some commenters outside that group. Each of the types of adding such a reference might cause expressed concern that without broader proposed revisions noted above was some readers to conclude erroneously license exceptions, BIS might be unable considered. BIS ultimately determined that exports, reexports, and in country to handle the volume of licenses that it that a license exception approach is the transfers to which antiterrorism controls is likely to encounter once certain items best way to address the goals of this do apply may be consummated under are transferred from the United States aspect of the reform effort, which License Exception STA. The latter error Munitions List to the Commerce Control primarily include reducing the licensing has greater potential for harm than the List. These commenters stated that burden with respect to exports to a former. Therefore, BIS does not believe although BIS’s projection of License limited group of destinations, consistent that a change to the regulatory text on Exception STA replacing over 3,000 with U.S. international commitments, this point is desirable. licenses annually is not insignificant, it without a wholesale revision of the Comments regarding deemed exports. is ‘‘not a large portion of the low risk EAR, creating a method of notifying Comment 8: Two commenters licensing volume currently facing BIS.’’ foreign consignees about the addressed the applicability of License Finally, these commenters stated that prohibitions on reexports outside such Exception STA to deemed exports. One

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indicated that it read the proposed rule Response: BIS is reviewing the needed for use in public light water as permitting License Exception STA to Commerce Control List as a whole as reactors. Another commenter stated that be used for deemed exports but part of the Administration’s Export the eligibility of certain items, which are suggested that specific authorizing Control Reform Initiative. In addition, in Category 7 of the Commerce Control language be added to STA for clarity. the EAR (including the Commerce List, could be limited to equipment Another stated that STA would be Control List) will be subject to the required for or in support of safety of useful for deemed exports and would be retrospective review requirements of flight. useful for some exports to some foreign Executive Order 13563. Those who wish Response: BIS does not have the subsidiary employees. to recommend any change to License discretion to include any item Response: BIS’s intent in publishing Exception STA or any other provision of controlled for export for missile the proposed rule was for License the EAR may do so in a number of ways, technology reasons in License Exception Exception STA to authorize deemed such as: informal contacts with BIS; STA. Items are controlled on the exports. However, upon further review, contacting one of the technical advisory Commerce Control List for missile BIS has concluded that the requirements committees that advise BIS; or technology reasons because they are to furnish ECCNs, to obtain a consignee petitioning BIS for issuance, listed in the Missile Technology Control statement, and to provide a destination amendment or repeal of a rule, as Regime Annex. The exclusion of items control statement are not likely to be contemplated by § 756.1(a)(1) of the on the Missile Technology Control relevant or useful in deemed export EAR. Although always open to Regime Annex is based on Section 6(l) situations, which typically involve an suggestions, BIS does not plan to set up of the Export Administration Act and employer-employee relationship or a special process to receive proposed the U.S. commitment to implement the researcher collaborations. Accordingly, changes to License Exception STA. Missile Technology Control Regime this final rule changes § 740.20 to Comment on end use restrictions in Guidelines. address deemed exports and reexports § 740.20(c)(2)(ii) in the proposed rule. Comment 14: One commenter stated that ECCNs 2B232 and 2E001 should be separately from other exports and Comment 10: One commenter stated eligible for STA. The commenter noted reexports. Releases of source code and that by including the phrase ‘‘other than that manufacturers in China and India technology are explicitly authorized. a military end use as defined in § 744.21 make comparable products. The authorization paragraphs explicitly of the EAR’’ in the definition of ‘‘civil end use’’ in proposed § 740.20(c)(2)(ii), Response: ECCN 2B232 and the refer to nationals of the destinations portion of 2E001 that addresses listed therein. Deemed exports and the proposed rule essentially took the China End Use Rule and applied the technology for the development of reexports are therefore explicitly equipment controlled under 2B232 are authorized under License Exception foreign policy behind that rule to a much larger group of countries even controlled for nuclear proliferation STA. The ECCN notification, consignee reasons. Under both the proposed rule statement, and destination control though many of those countries are not subject to the same foreign policy and this final rule, their License statement requirements are replaced Exception STA eligibility is limited to with a requirement that the releaser of considerations as is China. Response: Because the final rule does the destinations in § 740.20(c)(1) for the technology or source code notify the foreign policy reasons. recipient of the restrictions on further not include a civil end-use requirement, a discussion of whether the definition of Comment 15: One commenter stated release. The notification must either that it needs to ship items that are expressly inform the recipient that the civil end-use in § 744.21 is appropriate for STA is unnecessary. covered by ECCN 2B350 predominantly EAR impose limits on further disclosure to Taiwan, Singapore, China and Israel. or must be in the form of an agreement Proposal to expand the scope of STA. Comment 11: One commenter The commenter stated that it currently in which the recipient agrees to limits recommended that STA should be has about 100 licenses and that license on further disclosure. Any such available for transactions where the requirements make it uncompetitive and agreement must impose limits that are exporter and consignee are the same cause it to lose business. This equivalent to or more restrictive than all organization. commenter asserted that similar parts limits on further disclosure that are Response: License Exception STA is made in South Korea can get a license imposed by the EAR. The notification available for transactions where the in one to two weeks. A better approach must be in writing. The notification may exporter and the consignee are the same than the proposed rule would be to be in a separate document or included organization, but only if they otherwise allow less sensitive components to be in a document such as a contract or a meet the requirements for use of the exported without a license to more nondisclosure agreement. If the license exception. destinations. document has an expiration date, it Eligible destination comments. Response: For such destinations as must provide that the restrictions on Comment 12: Several commenters Taiwan, Singapore and Israel, which are disclosure do not expire. raised questions regarding the destinations listed in § 740.20(c)(2), BIS Recommendation for new process for limitations on License Exception STA proposed that License Exception STA public input on eligible ECCNs for eligibility for certain countries. may be used for transactions in which License Exception STA. Response: BIS has determined that for the only applicable reason for control is Comment 9: One commenter foreign policy reasons, the lists of national security. ECCN 2B350 is recognized that statutory restrictions destinations eligible for License controlled for chemical and biological and regime controls place some Exception STA shall be limited to those weapons reasons. BIS has retained this restrictions on BIS. That commenter, destinations included in this final rule. limit in the final rule for foreign policy however, recommended that BIS state in Eligible items comments. reasons. the final rule that it will conduct regular Comment 13: Two commenters Comment 16: One commenter stated reviews of ECCNs and set up a process recommended that items controlled for that exclusion of CCL Category 3 and 4 whereby exporters could submit a missile technology reasons should be items would limit the utility of License request to BIS setting forth the reasons made eligible for License Exception Exception STA. that a particular ECCN should be STA under limited circumstances. One Response: Commerce Control List eligible for STA. commenter stated that such items are Categories 3 and 4 are not excluded in

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their entirety from STA. All or portions and, consistent with the policy stated cannot go far from their support vessel, of some ECCNs in Categories 3 and 4 are above, is not eligible for § 740.20(c)(2). cannot be preprogrammed and require excluded from eligibility to the eight Comment 19: One commenter considerable support equipment. In destinations listed in § 740.20(c)(2) recommended that ECCN 6A001.a.2.d.1 some cases a vessel or rig must be because they cover items on the (certain underwater heading sensors), modified to handle the equipment and Wassenaar Arrangement Sensitive List. .a.2.b.7 (certain towed hydrophone restored when the equipment is This limitation on items eligible for arrays) and .a.2.e.1 (certain bottom or removed making diversion of such export to destinations listed in bay cable systems) be made eligible for vehicles to military uses unlikely. § 740.20(c)(2) was included in the § 740.20(c)(2) destinations. Without Unmanned tethered submersible proposed rule, and BIS has concluded such eligibility, the ability to use STA vehicles are not as sensitive from a that retaining the rule’s limit of to send repair items to vessels in port is national security perspective as eligibility for License Exception STA for limited. These items do not require a untethered submersibles. Excluding these destinations to non-Sensitive List license to go to destinations in Country 8A001.c unmanned tethered items is appropriate for foreign policy Group A:1 (Supp. No. 1 to Part 740 of submersible vehicles while allowing reasons. the EAR), which includes most of the 8A001.a manned tethered submersibles Comment 17: One commenter stated destinations eligible under full STA treatment would be that ECCN 6A002.a.2 and .a.3 should be § 740.20(c)(1). This commenter stated inconsistent. eligible for § 740.20(c)(1) destinations. that if License Exception STA results in Response: Notwithstanding the Response: Under both the proposed the repeal of License Exception RPL, it arguments made in the Comment, BIS rule and this final rule, ECCNs would be at a disadvantage. has determined that retaining the 6A002.a.2 and .a.3 are eligible for Response: This final rule excludes limitation set forth in the proposed rule items listed on the Wassenaar § 740.20(c)(1) destinations except for that STA authorization for Wassenaar Arrangement Sensitive List from those portions of paragraph .a.3 that are Arrangement Sensitive List items (as destinations listed in § 740.20(c)(2). As subject to control for missile technology 8A001.a items are) is available only to set forth in the response to Comment 16, (MT) reasons. For the reason noted in the destinations listed in § 740.20(c)(1) BIS has concluded that limiting these the response to Comment 13 above, BIS of this final rule is necessary for foreign destinations to non-Sensitive List items is not making MT controlled items policy reasons. is appropriate for foreign policy reasons. Comments on information and eligible for License Exception STA. That said, BIS is not eliminating License consignee statement requirements. Portions of 6A002.a.2 and all of Exception RPL. In addition, BIS can BIS received a number of comments 6A002.a.3 are ineligible for make one change to the 6A001 STA on the proposed requirements to § 740.20(a)(2) destinations because they paragraph to track more accurately the provide safeguards against diversion are on the Wassenaar Arrangement Wassenaar Arrangement Sensitive List that were set forth in the proposed rule. Sensitive List. without adding undue length and Those safeguards are: the requirement to Comment 18: Two commenters stated complexity to the ECCN. Paragraph provide the consignee with the item that ECCN 6A003.b should be eligible .a.2.a.4 is not on the Wassenaar description and ECCN; the requirement for the 127 destinations set forth in Arrangement Sensitive List. Therefore, to obtain assurances from the consignee; § 740.20(c)(2) of the proposed rule and BIS is adding the phrase ‘‘except and the requirement to furnish a special one of those commenters also stated that .a.2.a.4’’ immediately following the STA destination control statement. ECCN 9A018.b should be eligible. phrase ‘‘or 6A001.a.2 in the STA Some of the comments applied to the Response: The STA paragraph for paragraph of the License Exception safeguards as a whole and others to ECCN 6A003 excludes all of paragraphs Section of ECCN 6A001.’’ specific safeguard measures. .b.3 and .b.4 from STA eligibility if the Comment 20: One commenter Comments regarding the safeguards as destination is one of the destinations in recommended that items in ECCN a whole. paragraph (c)(2) of the proposed rule 8A001.c (unmanned tethered Comment 21: Some commenters (eight destinations in this final rule). submersible vehicles) be made eligible stated that manufacturers already have BIS developed the STA paragraphs to for § 740.20(c)(2). The commenter noted processes in place to notify consignees provide a reasonable balance between that such vehicles already do not not to reexport in violation of the EAR the policy of excluding items on the require a license for most of the 37 and to provide ECCNs and destination Sensitive List from eligibility under destinations in proposed § 740.20(c)(1) control statements or that language § 740.20(c)(2) and the need to make the and so STA would not affect the typically found in sales contracts and regulations as clear as possible within licensing burden for these items to any purchase order agreements is a more substantive policy constraints. great degree. This commenter stated that effective means of communicating Rewriting the STA paragraph in 6A003 allowing full STA eligibility for these compliance obligations. to match exactly the Sensitive List items would be consistent with the Response: Although BIS encourages would add significantly to the length Wassenaar Arrangement’s best practices parties trading in items subject to the and complexity of the entry while agreed to at the 2006 Wassenaar EAR to inform their customers of EAR providing relatively little change in the Arrangement plenary meeting, which requirements and responsibilities of scope of eligible transactions. Moreover, allows license exceptions for sensitive parties to the transaction, in general the ECCN 6A003.b.3 and .b.4.b are also list items. Other Wassenaar members EAR do not require parties to do so. controlled for regional stability reasons. allow exports without an individual License Exception STA could not Thus, even if the STA paragraph in license. For example the United function in its intended manner unless 6A003 were rewritten to match the text Kingdom permits such exports under an all exporters, reexporters, transferors of the Sensitive List exactly, the items open general license. The safeguards and consignees are aware of their in 6A003.b.3 and .b.4.b would continue imposed by License Exception STA specific responsibilities. Some form of to be excluded from eligibility under allow for sensitive list items to be mandatory notice is, therefore, § 740.20(c)(2) because of their regional controlled and monitored consistent necessary. stability control. ECCN 9A018.b is also with U.S. national security interests and Comment 22: One commenter stated subject to a regional stability control regime obligations. These vehicles that the STA safeguards transferred

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compliance responsibilities from the that the reexporter not be liable in such the overall purpose of STA, which is to exporter to the consignee. a case. provide license exception shipments Response: BIS does not believe that Response: BIS believes that the throughout a group of low risk the creation of License Exception STA consignee should be able to place destinations. Regime membership is a or the specific safeguard requirements reasonable reliance on the ECCN key part of the overall structure for that STA imposes constitute a ‘‘transfer’’ furnished by its supplier in License export controls in an importing country. of responsibilities from one party to Exception STA transactions. STA is based, in part, on that structure another. All parties dealing with items Accordingly, the final rule states that for but focuses further on actual that are subject to the EAR are purposes of determining reexport or transactions to ensure controlled items responsible for compliance with those transfer eligibility under STA, the are properly exported and reexported. regulations. The safeguard requirements consignee may rely on the ECCN Comment 27: One commenter of License Exception STA are intended provided to it by the party required to suggested that the requirement to obtain to place parties on notice of their furnish the ECCN to the consignee a consignee statement should not be responsibilities and to verify that they unless the consignee ‘‘knows’’ that the needed for destinations in § 740.20(c)(2) are aware of, and will comply with, ECCN is in error. The term ‘‘know’’ has because the eligible items are less such responsibilities. the same meaning as the term sensitive than those available to Comments regarding the requirement ‘‘knowledge’’ in § 772.1 of the EAR. destinations listed in § 740.20(c)(1). to furnish the Export Control Comments regarding the requirement This commenter noted that BIS has Classification Number. to obtain consignee statement. ample existing means of identifying Comment 23: Several commenters Comment 25: Several commenters violations and enforcing STA stated that the requirement to furnish an proposed that one consignee statement restrictions, including post shipment ECCN is unnecessary. The reasons those be permitted for multiple transactions. verifications and placing violators on gave were: ECCNs are already provided Various proposals were to allow a single the Entity List. on the invoice and air waybill; the EAR statement for a specific project, a Response: The purpose of the already require the ECCN at least for the specific contract, a specific time period consignee statement is to make sure that initial export; the ECCN is required in or for all items to be shipped to that the consignee is aware that the item has the STA consignee statement; and it consignee under STA. One commenter been shipped under a license exception would be difficult for U.S. exporters to suggested that License Exception STA that is limited to low risk destinations. verify that foreign buyers pass ECCN as proposed actually allows for a single It is integral to the overall purpose of information along to their customers. statement to cover multiple shipments STA, which is to provide license Response: Although BIS encourages but clarification is desirable. exception shipments throughout a group parties to notify their consignees of the Response: BIS agrees that a single of low risk destinations. Although the EAR, compliance responsibilities, and consignee statement should be able to items eligible to § 740.20(c)(2) other information that would aid cover more than one transaction for the destinations are less sensitive than those compliance such as ECCNs, such reasons provided by commenters and is eligible to § 740.20(c)(1) destinations, activities are generally not required revising the final rule to explicitly so the items are still sufficiently sensitive under the EAR. License Exception STA state. These revisions are described that obtaining the consignee’s is intended to remove the burden of more fully under the topic heading acknowledgement of the limits of STA applying for a license in exports, ‘‘Final Rule Revisions to License is necessary to provide reasonable reexports and in country transfers that Exception STA Safeguards’’ below. assurance that the item will not be are limited to certain destinations where Comment 26: One commenter stated reexported beyond the low risk group of there is a relatively low risk of that the requirement for a consignee authorized destinations. diversion. Requiring that consignees be acknowledgement is in direct Comment 28: This commenter also notified of the ECCN provides opposition to BIS’s statement that the suggested that if the consignee reasonable assurance that the consignee eligible destinations are ‘‘low risk.’’ statement is retained, three specific will be on notice that the item it is Another commenter stated that the provisions are unnecessary. First, the receiving is sensitive and that further requirement for reexporters and provision in which the consignee agrees distribution without a U.S. license must transferors to obtain a statement from not to export, reexport or transfer in be restricted to the destinations for their consignees would impose a burden violation of the EAR is not needed which no license is required, or for on a particular country’s exporters because it merely duplicates the which STA or some other License without providing additional safeguards requirements of the regulations. Second, Exception provides authorization. to U.S. export controls because that consignees in § 740.20(c)(2) destinations The EAR do not require exporters to country has stringent export controls should not be required to acknowledge monitor the conduct of foreign buyers to based on the same multilateral regimes that items shipped under STA may not verify that they pass on ECCN as the United States. Several subsequently be shipped under License information to their customers. The EAR commenters noted that foreign Exception APR paragraph (a) because do, however, prohibit, among other customers are often reluctant or that paragraph does not authorize things, selling, transferring, transporting unwilling to acknowledge U.S. reexports from any § 740.20(c)(2) or servicing items subject to the EAR jurisdiction and suggested that this country. Third, the requirement to agree with knowledge that a violation has, requirement continues a perception that that items shipped under will, or is intended to take place with dealing with U.S. companies is difficult. § 740.20(c)(2)(ii) [125 destinations in the respect to that item. Response: An important purpose of proposed rule] may be used only in a Comment 24: One commenter asked the consignee statement is to ensure that civil end use is unneeded because it who would be responsible if an the consignee is aware that the item has repeats a restriction in part 744 of the erroneous ECCN is supplied and, as a been shipped under a license exception EAR and creates an unreasonable result, the consignee reexports an item that is limited to low risk destinations burden on all parties in a chain of using License Exception STA in a and agrees to take steps that will keep transactions who are, in effect, agreeing transaction that is not authorized by the item from leaving those destinations not to incorporate the exported item STA. The commenter recommended without authorization. It is integral to into a United States Munitions List

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defense article. This burden is Final Rule Revisions to License applies. The written notice may be particularly problematic for Exception STA Safeguards. conveyed by paper documents or by manufacturers of materials. The proposed requirements to furnish electronic methods such as facsimile or Response: License exception STA an ECCN, to obtain a consignee email. authorizes exports, reexports and in statement and to furnish a destination BIS believes that with these changes, country transfers in sensitive items that control statement were intended to the STA safeguards provide appropriate otherwise would require a license. As operate in concert to provide assurance assurances that items shipped under such, requiring acknowledgement of the against diversions. To address the License Exception STA will remain regulations that apply to the shipment is points raised by some of the within the group of low risk reasonable. commenters regarding those proposed destinations without placing excessive This commenter correctly notes that requirements while maintaining their and complex burdens on parties trading License Exception APR paragraph (a) concerted nature, BIS is making the items subject to the EAR. does not directly authorize any reexport changes described below. Comments regarding the License from a destination listed in The final rule adds clarifying Exception STA paragraphs. § 740.20(c)(2). However License language to § 740.20(d)(1) and (2) stating Comment 30: The STA paragraphs, which appear in 49 ECCNs in this final Exception STA does authorize reexports that the Export Control Classification rule, designate those ECCNs or portions from places listed in § 740.20(c)(2) to Number furnished to the consignee may thereof as ineligible for License destinations listed in § 740.20(c)(1) and be used for multiple shipments of the Exception STA if the destination is License Exception APR paragraph (a) same item by a given exporter to a given listed in § 740.20(c)(2) of the EAR. does authorize reexports from those consignee under License Exception STA Those exclusion paragraphs have no (c)(1) destinations to other destinations so long as the information remains effect on the availability of STA for that are not eligible for STA. For the accurate. The final rule also provides destinations listed in § 740.20(c)(1) of safeguards of License Exception STA to that for purposes of determining reexport or transfer eligibility under the EAR. Some commenters indicated function effectively, all reexporters must STA, the consignee may rely on the that these exclusion paragraphs were notify their consignees of the STA ECCN provided to it by the party confusing and would lead readers to restrictions. The party in a § 740.20(c)(2) required to furnish the ECCN to the conclude erroneously that the location will need to be on notice of the consignee unless the consignee knows designated ECCNs or the designated APR paragraph (a) restriction in order to that the ECCN is in error. The term portions were ineligible for License be able to obtain the needed assurance ‘‘know’’ has the same meaning as the Exception STA for all destinations. In from any party in a § 740.20(c)(1) term ‘‘knowledge’’ in § 772.1 of the addition, some of the commenters destination to which it reexports. EAR. appear to have misinterpreted the Because this final rule removes the The final rule revises § 740.20(d)(2) to meaning of the STA exclusion civil end use limitation from provide that one consignee statement paragraphs in exactly that manner. § 740.20(c)(2), the requirement to agree may be used for multiple shipments of Commenters offered several suggestions to that limitation is not needed and this the same item by the same exporter to to address this source of confusion. final rule removes it from the consignee the same consignee under License One suggestion was to employ two statement. Exception STA provided descriptions of STA paragraphs in each ECCN on the Comments regarding the destination the item(s), ECCN(s) and names of the Commerce Control List, one paragraph control statement. parties remain accurate. The final rule would state whether STA is eligible for Comment 29: Some commenters also removes the provision calling for destinations listed in § 740.20(c)(1) and objected to the special STA destination the consignees’ agreement that items the other would state whether the control statement, which under the shipped to certain destinations will be License Exception is eligible for proposed rule, the exporter, reexporter, used only for civil end uses because the destinations listed in § 740.20(c)(2). or transferor would need to place on final rule does not impose a civil end Each paragraph would take into account export control documents that use limitation. To facilitate verification all of the reasons for control in the accompany the shipment. The stated of compliance with the consignee ECCN and any other relevant factors reasons for the objections were that the statement requirement, the final rule including whether the item is on the requirement would be superfluous to requires the exporter, reexporter, and Wassenaar Arrangement Sensitive List. other EAR provisions, the cost and transferor to maintain the specific Another suggestion was to use some complexity of the requirements would consignee statement that is associated annotation in the STA paragraphs such discourage use of License Exception with each shipment and a log or other as STA 1 for § 740.20(c)(1) and STA 2 STA, and that a second destination record that identifies each shipment for § 740.20(c)(2). control statement is not needed or made under License Exception STA and A third suggestion was to reference would not be effective. identifies the specific consignee the number of destinations that are Response: After review of the statement that is associated with each excluded by the paragraph. comments and further consideration, shipment. A fourth suggestion was to create a BIS has concluded that some form of The final rule replaces the destination matrix that would show the STA notice to the consignee that the items it control statement with a requirement eligibility for each ECCN and is receiving are subject to STA is that the exporter, reexporter or destination. needed. However that notice need not transferor, as applicable, notify the Response: BIS has decided to adopt take the form of a destination control consignee in writing that the shipment the third suggestion in this final rule. statement. Accordingly, BIS is replacing is made pursuant to License Exception Because the number of destinations the destination control statement STA. The notice must either specify listed in § 740.20(c)(2) in the final rule requirement with the notice which items are subject to License is eight compared to 36 eligible requirement that is described under the Exception STA or state that the entire destinations under § 740.20(c)(1), BIS heading ‘‘Final Rule Revisions to shipment is made pursuant to License believes that the best solution is to License Exception STA Safeguards’’ Exception STA. The notice must clearly modify the STA paragraphs to reference below. identify the shipment to which it the number of destinations in addition

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to referencing the relevant STA described in part 744 of the EAR or a 9E003.a.3, 9E003.a.4, 9E003.a.5, eligibility paragraph, i.e. § 740.20(c)(1) proscribed end user (such as a party on 9E003.c, 9E003.i (other than technology or (c)(2). the Entity List in part 744 of the EAR)— for fan or power turbines) or 9E003.h. Accordingly, the STA exclusion or because the destination is subject to (C) License Exception STA may not be paragraphs in this final rule have the an embargo or special restrictions in used for 9D004.f or 9D004.g ‘‘software’’. format: ‘‘License Exception STA may part 746 of the EAR, are not eligible for (D) License Exception STA may not not be used to ship [list ineligible items] License Exception STA. Items on the be used for 9E001 ‘‘technology’’ to any of the eight destinations listed in Commerce Control List that are subject according to the General Technology § 740.20(c)(2).’’ The words ‘‘or transmit’’ to the encryption items (EI), short Note for the ‘‘development’’ of 9A001.b immediately follow the words ‘‘to ship’’ supply (SS), surreptitious listening (SL), engines or components of engines in software or technology ECCNs to be missile technology (MT), or chemical controlled by 9A001.b if such consistent with terminology used weapons (CW) reasons for control are components incorporate: elsewhere in the EAR. BIS decided not not eligible for License Exception STA (1) Any of the ‘‘technologies’’ to introduce STA paragraphs into every because of various requirements controlled by 9E003.a.1, 9E003.a.2, ECCN because ECCNs that include imposed by statutes, treaties or U.S. 9E003.a.3, 9E003.a.4, 9E003.a.5, multiple reasons for control would implementation of international 9E003.c, 9E003.i (other than technology require lengthy and complex STA commitments. Items in ECCNs 0A981, for fan or power turbines) or 9E003.h; paragraphs. This complexity would be 0A982, 0A983, 0A985 or 0E982 are not (2) Any of the 9D001 or 9D002 compounded in the case of software and eligible. Those ECCNs apply to software in paragraphs (A) or (B) above. technology ECCNs in which one ECCN equipment designed for the execution of (E) License Exception STA may not be often encompasses not only multiple human beings, specially designed used for 9E002 ‘‘technology’’ according reasons for control but also references to implements of torture, law enforcement to the General Technology Note for the multiple commodity ECCNs. restraint devices, discharge type arms ‘‘production’’ of components of engines BIS decided not to adopt separate and devices designed to administer controlled by 9A001.b if such annotations such as STA1 and STA2 for electric shocks and certain related components incorporate any of the the two authorizing paragraphs for two technology. The human rights concerns ‘‘technologies’’ controlled by 9E003.a.1, reasons. First, to be fully effective, this associated with those items are 9E003.a.2, 9E003.a.3, 9E003.a.4, suggestion would require that the sufficiently great to justify precluding 9E003.a.5, 9E003.c, 9E003.i (other than notations be in every ECCN, creating the use of License Exception STA. technology for fan or power turbines) or same length and complexity issues Items in ECCNs 1C351.a, .b, .c, .d.5, 9E003.h. noted above. Second, every License .d.6 or .e; 1C352; 1C353; 1C354; 1C360; (F) License Exception STA may not be Exception paragraph in the Commerce 1E001 (for 1C351.a, .b, .c, .d.5, .d.6 or used for ‘‘technology’’ in 9E003.a.1, Control List is designated by the symbol .e, 1C352, 1C353, 1C354 or 1C360) or in 9E003.a.2, 9E003.a.3, 9E003.a.4, that is used to report shipments under ECCN 1E351 may not be shipped 9E003.a.5, 9E003.c, 9E003.i (other than that License Exception in the pursuant to License Exception STA technology for fan or power turbines), Automated Export System. All because those ECCNs cover certain 9E003.h. Authorizations. shipments under License Exception pathogens and toxins that have potential uses in developing chemical or This license exception provides two STA are to be reported under the distinct authorizations. One symbol STA. Use of two different biological weapons. Commodities in ECCN 1C351.d.1, .2, .3, .4, .7, .8, .9, or authorization allows exports, reexports designators for a single license or in country transfers to which any (or exception in the Commerce Control List .10 are eligible for License Exception STA so long as the exports, reexports or all) of six reasons for control apply to could cause public confusion about the go to 36 destinations. Another procedure for reporting License transfers are limited to no more than 100 milligrams of any one toxin per authorization allows less sensitive items Exception STA shipments. where exports, reexports and in country BIS decided not to attempt to describe shipment and no more than six shipments are sent to any one end user transfers subject to only national STA eligibility in the form of a matrix security reasons for control to go to because this technique also would in any one calendar year. License Exception STA may not be eight additional destinations. National produce an unduly complex document. security-controlled items that are Such a matrix would have to account for used for certain software and technology in Category 9 of the Commerce Control ineligible for the latter authorization are every destination in the world and every identified by the new STA paragraphs paragraph of every ECCN, making it far List as noted below. (A) License Exception STA may not in the ‘‘License Exceptions’’ sections of larger than the current Country Chart be used for 9D001 or 9D002 ‘‘software’’ 49 ECCNs on the Commerce Control found at Supp. No. 1 to part 738 of the that is specially designed or modified List. Thus, the STA exclusion paragraph EAR. The STA paragraphs apply to only for the ‘‘development’’ or ‘‘production’’ serves the opposite function of a typical eight destinations and to 49 ECCNs. BIS of: list-based license exception paragraph. believes that revising the STA (1) Components of engines controlled The typical license exception paragraph paragraphs themselves is a more by ECCN 9A001 if such components in an ECCN identifies items that are practical way to reduce the possibility incorporate any of the ‘‘technologies’’ eligible for a license exception rather of confusion pointed out by these controlled by 9E003.a.1, 9E003.a.2, than those that are ineligible. commenters. 9E003.a.3, 9E003.a.4, 9E003.a.5, Authorization for Items Controlled for Specific License Exception Provisions 9E003.c, 9E003.i (other than technology Multiple Reasons to 36 Destinations. for fan or power turbines), 9E003.h; or If the only reason(s) for control that Scope (2) Equipment controlled by 9B001; or impose(s) a license requirement on the The license exception applies only to (B) License Exception STA may not be export, reexport or in country transfer is Commerce Control List based license used for 9D001 ‘‘software’’ that is (are) national security (NS); chemical or requirements. Transactions in which a specially designed or modified for the biological weapons (CB); nuclear license is required because of an end- ‘‘development’’ of ‘‘technology’’ nonproliferation (NP); regional stability use—such as a proliferation end use controlled by 9E003.a.1, 9E003.a.2, (RS); crime control (CC); or significant

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items (SI), exports, reexports and consignees, prior to the shipment, a imposed by the EAR. The notification transfers (in-country) to 36 destinations written statement identifying the items must be in writing and a copy of it must as well as releases within a single to be shipped and restating the ECCN(s) be retained by the releaser and the country of software source code and provided to the consignees by the recipient. The notification may be in a technology to nationals of the same 36 exporters, reexporters or transferors. separate document or included in a destinations are authorized, unless The exporter, reexporter and transferor document such as a contract or a otherwise excluded from License must maintain the consignee’s written nondisclosure agreement. If the Exception STA. statement as well as a log or other document has an expiration date, it On April 29, 2011, the Under written record that identifies each must provide that the restrictions on Secretary of Commerce for Industry and shipment associated with a particular disclosure do not expire. Security, pursuant to the authority statement. delegated to him under section 6(n)(2) The statement must also acknowledge Addition of License Exception STA of the EAA, designated Argentina, that the consignee: Paragraphs to 49 ECCNs. Austria, Finland, Ireland, South Korea, • Is aware that items will be shipped This rule adds License Exception STA Sweden, and Switzerland as eligible pursuant to License Exception STA; paragraphs to 49 ECCNs. These destinations for export and re-export of • Has been informed of the paragraphs, which closely track the items controlled for crime control (CC), description of the items and their Wassenaar Arrangement Sensitive List, not including ECCNs 0A981, 0A982, ECCN(s) by the exporter, reexporter or designate certain items that are not 0A983, 0A985 or 0E982, without a transferor; eligible for License Exception STA to • license under License Exception Understands that shipment the eight destinations in § 740.20(c)(2). Strategic Trade Authorization. pursuant to License Exception STA Authorization for Less Sensitive precludes subsequent use of paragraphs Incidental Changes Necessary To National Security Items to Eight (a) or (b) of License Exception APR for Implement License Exception STA the items; Additional Destinations. • Cross Reference to Wassenaar If the only reason for control that Agrees not to export, reexport or Arrangement Reporting Requirements imposes a license requirement on the transfer these items to any destination, export, reexport or in country transfer is end use or end user prohibited by the Section 740.20 cross references the EAR; and Wassenaar Arrangement reporting national security (NS) and the item is • not designated in the STA sensitive Agrees to produce copies of this requirements in § 743.1 of the EAR items exclusion paragraph in its ECCN, document and all other export, reexport because Wassenaar Arrangement eight destinations (and nationals or transfer records (i.e., the documents Sensitive List items exported to thereof) in addition to the 36 noted described in part 762 of the EAR) Wassenaar Arrangement non-members above are authorized. The STA relevant to the items referenced in this pursuant to License Exception STA are exclusion paragraphs closely track the statement to the U.S. Government, upon subject to the reporting requirements of Sensitive List of the Wassenaar request, as set forth in § 762.7. § 743.1. Arrangement. This rule adds such (3) With each shipment under License Revisions to § 732.4 paragraphs to 49 ECCNs. Exception STA, the exporter (or Limitations on Subsequent Use of reexporter or transferor as applicable) must notify the consignee in writing Section 732.4 of the EAR explains License Exception APR. how to identify and use license Use of License Exception STA that the shipment is made pursuant to License Exception STA. The notice exceptions. This rule revises that precludes subsequent use of License section to note the License Exception Exception APR paragraphs (a) and (b) must either specify which items are subject to License Exception STA or STA exclusion paragraphs in ECCNs (§ 740.16(a) and (b) of the EAR) for items and to add License Exception STA to shipped pursuant to License Exception state that the entire shipment is made pursuant to License Exception STA. The the list of license exceptions that are STA. subject to the Wassenaar Arrangement Conditions That Apply to License notice must clearly identify the shipment to which it refers. The written reporting requirements of § 743.1 of the Exception STA. EAR. Section 740.20(d) imposes three notice may be conveyed by paper conditions on exports, reexports and documents or by electronic methods Revision to § 738.2(d)(2)(ii) Explaining transfers and an alternative set of such as facsimile or email. the Use of the License Exception STA conditions on deemed exports and Recognizing that the foregoing Exclusion Paragraphs in ECCNs deemed reexports made pursuant to requirements are not relevant or License Exception STA. workable with respect to releases within Section 738.2 of the EAR explains the (1) Exporters must furnish the a single country of software source code workings of the Commerce Control List, consignee with the ECCN that applies to or technology to foreign nationals, and paragraph (d)(2)(ii) of that section each item transferred under License § 740.20(d) imposes a different set of explains the ‘‘License Exception’’ Exception STA. Reexporters and requirements on them. The releaser of paragraph of an ECCN. This rule revises transferors must provide subsequent the technology or source code must that paragraph to explain the role of the consignees with the ECCN provided by notify the recipient of the technology or STA exclusion paragraphs, which is the exporter or by prior reexporters or source code of the restrictions on further different from that of the other license transferors. The ECCN need be release. The notification must either exception paragraphs that appear in furnished to each consignee only once expressly inform the recipient that the ECCNs. The other license exception for each item to be shipped under EAR impose limits on further disclosure paragraphs signal eligibility to use a License Exception STA. So long as the or must be in the form of an agreement license exception and the limits of that furnished ECCN remains accurate, it in which the recipient agrees to limits eligibility. The STA paragraphs identify need not be refurnished for subsequent on further disclosure. Any such items for which the second of the two shipments. agreement must impose limits that are authorizing paragraphs of License (2) Exporters, reexporters and equivalent to or more restrictive than all Exception STA (i.e., § 740.20(c)(2)) may transferors must obtain from their limits on further disclosure that are not be used.

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Revision to § 743.1 Wassenaar flexibility. This rule has been certified to the Chief Counsel for Arrangement Reporting designated a ‘‘significant regulatory Advocacy of the Small Business Wassenaar Arrangement member action,’’ although not economically Administration that the proposed rule, states, including the United States, are significant, under section 3(f) of if adopted in final form, would not have required to report to the Wassenaar Executive Order 12866. Accordingly, a significant economic impact on a the rule has been reviewed by the Office Arrangement exports of Wassenaar substantial number of small entities. of Management and Budget. Arrangement Sensitive List items to The basis for that certification was 2. Notwithstanding any other non-member states for which a license published in the preamble to the provision of law, no person is required proposed rule and is not repeated here. was not issued. Section 743.1 of the to respond to, nor is subject to a penalty EAR requires exporters using certain BIS received no comments regarding the for failure to comply with, a collection certification. As a result, a final license exceptions for such exports to of information, subject to the report the export to BIS. The regulatory flexibility analysis is not requirements of the Paperwork required and none has been prepared. information reported by the exporters is Reduction Act of 1995 (44 U.S.C. 3501 5. The Department finds that there is used to compile a report that the United et seq.) (PRA), unless that collection of good cause to exempt this rule from the States submits to the Wassenaar information displays a currently valid requirement of 5 U.S.C. 553(d) to Arrangement. To enable the United Office of Management and Budget States to meet its reporting obligations (OMB) Control Number. The rule affects publish a substantive rule not less than to the Wassenaar Arrangement, this rule a collection of information approved by 30 days before its effective date. This adds a reference to License Exception OMB under control number 0607–0152 rule creates an exception to some export STA in § 743.1. The reporting (the Automated Export System or AES). license requirements and requires users requirement in § 743.1 is based on That collection is administered by the of that exception to provide certain exports of Wassenaar Arrangement Census Bureau. For most exports of information to their consignees and to Sensitive List items to non-Wassenaar items subject to the EAR, the export obtain certain assurances from their member states. The only non-Wassenaar license number, a license exception consignees. In doing so, this rule allows member state to which License symbol or the designator NLR (no international trade transactions to Exception STA authorizes Wassenaar license required) must be entered into proceed without the delay needed to Arrangement Sensitive List items is AES. BIS believes that this rule will obtain a license. Such delays give Iceland, a country with which the have no material impact on the burden international customers an incentive to United States has a relatively small imposed by that collection because this purchase foreign made products and volume of trade. Therefore, BIS believes rule merely replaces an existing reduce the competiveness of American that this rule will not have any material requirement to enter the license number made products in the marketplace. impact on volume of reports required by with a requirement to enter a license Moreover, this rule does not require any § 743.1. exception symbol instead. This rule also person to use the new license exception that it creates. Any person may continue Other Incidental Changes amends a collection of information approved by OMB under control to use any other license exceptions that The restriction on using license number 0694–0137 (License Exemptions exist or may continue to apply for exceptions for items controlled for and Exclusions). This control number is licenses. Thus no person is required to crime controlled reasons is modified by being amended to add the requirement alter existing practices as a result of this adding a paragraph to § 740.2 exempting for exporters, reexporters and rule. Because a delayed effective date transactions authorized by License transferors to furnish ECCNs, to obtain would continue a disincentive to Exception STA from the restriction. a statement of assurance from the purchase American products and an The prohibition on using License consignee before shipping pursuant to immediate effective date would not Exception GOV to export or reexport the license exception and to notify the require a change in existing practices, items controlled for chemical or consignee of shipments pursuant to the any delay in implementation would not biological weapons (CB) to the agencies License Exception and the requirement be in the public interest. of cooperating governments (as defined to maintain records identifying List of Subjects in § 740.11(b)(3)(ii) of the EAR) and shipments associated with each certain diplomatic and consular statement created by this rule 15 CFR Parts 732 and 740 missions of cooperating governments (as (safeguards requirements). BIS expects defined in § 740.11(b)(2)(iv) of the EAR) the safeguards requirements are likely to Administrative practice and is removed by revisions to paragraphs increase the burden associated with procedure, Exports, Reporting and (a)(2) and (b)(2) of Supplement No. 1 to control number 0694–0137 by about recordkeeping requirements. § 740.11 for the reasons noted above. 3,387 hours (2,903 instances of 15 CFR Part 738 Rulemaking Requirements complying with transactions subject to the safeguards requirements @ 1 hour Exports. 1. Executive Orders 13563 and 12866 and 10 minutes each). BIS believes that, 15 CFR Part 743 direct agencies to assess all costs and in most instances, this new burden will benefits of available regulatory be wholly or partially offset by a Administrative practice and alternatives and, if regulation is reduction in burden under control procedure, Reporting and recordkeeping necessary, to select regulatory number 0694–0088 (Simplified Network requirements. approaches that maximize net benefits Application Processing System) which (including potential economic, authorizes, among other things, export 15 CFR Part 774 environmental, public health and safety license applications. Exports, Reporting and recordkeeping effects, distribute impacts, and equity). 3. This rule does not contain policies requirements. Executive Order 13563 emphasizes the with Federalism implications as that importance of quantifying both costs term is defined under E.O. 13132. Accordingly, the Export and benefits, of reducing costs, of 4. The Chief Counsel for Regulation of Administration Regulations (15 CFR harmonizing rules, and of promoting the Department of Commerce has parts 730–774) are amended as follows:

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PART 732—[AMENDED] PART 740—[AMENDED] requirement on the export, reexport or in country transfer must be addressed in ■ 1. The authority citation for part 732 ■ 5. The authority citation for part 740 at least one authorizing paragraph of continues to read as follows: continues to read as follows: this section. Authority: 50 U.S.C. app. 2401 et seq.; 50 Authority: 50 U.S.C. app. 2401 et seq.; 50 (ii) The party using License Exception U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; STA must comply with all of the 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., requirements in paragraph (d) of this FR 44025, 3 CFR, 2001 Comp., p. 783; Notice p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 section. of August 12, 2010, 75 FR 50681 (August 16, Comp., p. 783; Notice of August 12, 2010, 75 (2) Limitations on Use of License 2010). FR 50681 (August 16, 2010). Exception STA. The prohibitions and ■ 2. Section 732.4 is amended by: ■ 6. Section 740.2 is amended by limits of this paragraph (b)(2) apply ■ a. Adding two sentences immediately revising paragraphs (a)(4)(ii) and (iii) notwithstanding the authorizations in following the existing third sentence in and by adding paragraph (a)(4)(iv) to paragraph (c) of this section. paragraph (b)(3)(iii); and read as follows: (i) License Exception STA may not be ■ b. Revising paragraph (b)(3)(iv) to read used in lieu of any license requirement § 740.2 Restrictions on all License as follows: imposed by ‘‘Part 744—Control Policy: Exceptions. End User and End Use Based’’ or by § 732.4 Steps regarding License (a) * * * ‘‘Part 746—Embargoes and Other Exceptions. (4) * * * Special Controls’’ of the EAR. * * * * * (ii) Authorized by § 740.11(b)(2)(ii) (ii) License Exception STA may not be (b) * * * (official use by personnel and agencies used for any item controlled under (iii) * * * Some ECCNs contain of the U.S. government); ECCNs 0A981, 0A982, 0A983, 0A985 or License Exception STA exclusion (iii) Authorized by § 740.14(e) of the 0E982. paragraphs. Those paragraphs delineate EAR (certain shotguns and shotgun (iii) License Exception STA may not items excluded from the License shells for personal use); or be used for any item that is controlled Exception STA provisions in (iv) Authorized by § 740.20 of the for reason of encryption items (EI), short § 740.20(c)(2) of the EAR. * * * EAR (License Exception STA). supply (SS), surreptitious listening (SL), (iv) If you are exporting under License * * * * * missile technology (MT) or chemical Exceptions GBS, CIV, LVS, STA, APP, ■ 7. Supplement No. 1 to § 740.11 is weapons (CW). TSR or GOV, you should review § 743.1 amended by revising paragraphs (a)(2) (iv) License Exception STA may not of the EAR to determine the and (b)(2) to read as follows: be used for any item identified on the applicability of certain reporting CCL as being subject to the exclusive § 740.11 Governments, international export control jurisdiction of another requirements. organizations, international inspections * * * * * under the Chemical Weapons Convention, agency, such as the Department of State, and the International Space Station (GOV). the Department of Energy, or the Nuclear Regulatory Commission. PART 738—[AMENDED] * * * * * (v) License Exception STA may not be ■ 3. The authority citation for part 738 Supplement No. 1 to § 740.11— used for any item controlled by ECCNs continues to read as follows: Additional Restrictions on Use of 1C351.a, .b, .c, .d.5, .d.6 or .e; 1C352; Authority: 50 U.S.C. app. 2401 et seq.; 50 License Exception GOV 1C353; 1C354; 1C360; 1E001 (for U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. (a) * * * 1C351.a, .b, .c, .d.5, .d.6 or .e, 1C352, 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et (2) Items identified on the Commerce 1C353, 1C354 or 1C360) or ECCN 1E351. seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); Control List as controlled for missile (vi) Toxins controlled by ECCN 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. technology (MT) or nuclear nonproliferation 1C351.d.1, .2, .3, .4, .7, .8, .9, and .10 are 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 (NP) reasons; authorized to destinations in paragraph U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. * * * * * (c)(1) of this section under License 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Exception STA subject to the following 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 (b) * * * Comp., p. 783; Notice of August 12, 2010, 75 (2) Items identified on the Commerce limits. For purposes of this paragraph FR 50681 (August 16, 2010). Control List as controlled for missile all ECCN 1C351.d.1, .2, .3, .4, .7, .8, .9, technology (MT) or nuclear nonproliferation or .10 toxins sent from one exporter, ■ 4. Section 738.2 is amended by adding (NP) reasons; reexporter or transferor to one end user two sentences immediately following * * * * * on the same day constitute one the existing third sentence in paragraph ■ 8. Add § 740.20 to read as follows: shipment. (d)(2)(ii) to read as follows: (A) The maximum amount of any one § 740.20 License Exception Strategic toxin in any one shipment may not § 738.2 Commerce Control List structure. Trade Authorization (STA). exceed 100 milligrams. * * * * * (a) Introduction. This section (B) No exporter, reexporter or (d) * * * authorizes exports, reexports and in transferor may send more than six (2) * * * country transfers, including releases shipments of any one toxin to any one (ii) * * * Some ECCNs have License within a single country of software end user in a single calendar year. Exception STA exclusion paragraphs. source code and technology to foreign (vii) Commerce Control List Category These paragraphs identify items for nationals in lieu of a license that would 9 limitations on use of License which the License Exception STA otherwise be required pursuant to part Exception STA. provisions in § 740.20(c)(2) of the EAR 742 of the EAR. (A) License Exception STA may not may not be used, but do not otherwise (b) Requirements and Limitations—(1) be used for 9D001 or 9D002 ‘‘software’’ affect License Exception STA Requirements for Using License that is specially designed or modified availability. * * * Exception STA. (i) All of the reasons for for the ‘‘development’’ or ‘‘production’’ * * * * * control that impose a part 742 license of:

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(1) Components of engines controlled Switzerland, Turkey, or the United [INSERT NAME OF CONSIGNEE]: by ECCN 9A001 if such components Kingdom. (i) Is aware that [INSERT incorporate any of the ‘‘technologies’’ (2) Controls of lesser sensitivity. DESCRIPTION AND APPLICABLE controlled by 9E003.a.1, 9E003.a.2, Exports, reexports and in country ECCNS OF ITEMS TO BE SHIPPED] 9E003.a.3, 9E003.a.4, 9E003.a.5, transfers in which the only applicable will be shipped pursuant to License 9E003.c, 9E003.i (other than technology reason for control is national security Exception Strategic Trade Authorization for fan or power turbines), 9E003.h; or (NS) and the item being exported, (STA) in § 740.20 of the United States (2) Equipment controlled by 9B001. reexported or transferred (in country) is Export Administration Regulations (15 (B) License Exception STA may not be not designated in the STA paragraph in CFR 740.20); used for 9D001 ‘‘software’’ that is the License Exception section of the (ii) Has been informed of the ECCNs specially designed or modified for the ECCN that lists the item are authorized noted above by [INSERT NAME OF ‘‘development’’ of ‘‘technology’’ for destinations in or nationals of EXPORTER, REEXPORTER OR controlled by 9E003.a.1, 9E003.a.2, Albania, Hong Kong, India, Israel, TRANSFEROR]; 9E003.a.3, 9E003.a.4, 9E003.a.5, Malta, Singapore, South Africa, or (iii) Understands that items shipped 9E003.c, 9E003.i (other than technology Taiwan. pursuant to License Exception STA may (d) Conditions—(1) Requirement to for fan or power turbines) or 9E003.h. not subsequently be reexported (C) License Exception STA may not be furnish Export Control Classification pursuant to paragraphs (a) or (b) of used for 9D004.f or 9D004.g ‘‘software’’. Number. (i) The exporter must furnish License Exception APR (15 CFR (D) License Exception STA may not to the consignee the ECCN of each item 740.16(a) or (b)); be used for 9E001 ‘‘technology’’ to be shipped pursuant to this section. (iv) Agrees not to export, reexport or according to the General Technology Once furnished to a particular transfer these items to any destination, Note for the ‘‘development’’ of 9A001.b consignee, the ECCN that applies to any engines or components of engines item need not be refurnished to that use or user prohibited by the United controlled by 9A001.b if such consignee at the time the same exporter States Export Administration components incorporate: makes an additional shipment of the Regulations; and (1) Any of the ‘‘technologies’’ same item, if the information remains (v) Agrees to provide copies of this controlled by 9E003.a.1, 9E003.a.2, accurate at the time of the additional document and all other export, reexport 9E003.a.3, 9E003.a.4, 9E003.a.5, shipment. or transfer records (i.e., the documents 9E003.c, 9E003.i (other than technology (ii) A reexporter or transferor must described in 15 CFR part 762) relevant for fan or power turbines) or 9E003.h; furnish to subsequent consignees the to the items referenced in this statement (2) Any of the 9D001 or 9D002 ECCN, provided by the exporter or a to the U.S. Government as set forth in software in paragraphs (b)(2)(viii)(A) or prior reexporter or transferor, of each 15 CFR 762.7. (B) of this section. item to be shipped pursuant to this (3) Notification to consignee of STA (E) License Exception STA may not be section. Once furnished to a particular shipment. With each shipment under used for 9E002 ‘‘technology’’ according consignee, the ECCN that applies to any License Exception STA, the exporter (or to the General Technology Note for the item need not be refurnished to that reexporter or transferor as applicable), ‘‘production’’ of components of engines consignee at the time the same must notify the consignee in writing controlled by 9A001.b if such reexporter or transferor makes an that the shipment is made pursuant to components incorporate any of the additional shipment of the same item, if License Exception STA. The notice ‘‘technologies’’ controlled by 9E003.a.1, the information remains accurate at the must either specify which items are 9E003.a.2, 9E003.a.3, 9E003.a.4, time of the additional shipment. subject to License Exception STA or 9E003.a.5, 9E003.c, 9E003.i (other than (iii) For purposes of determining state that the entire shipment is made technology for fan or power turbines) reexport or transfer eligibility under this pursuant to License Exception STA. The 9E003.h. section, the consignee may rely on the notice must clearly identify the (F) License Exception STA may not be ECCN provided to it by the party shipment to which it applies. The used for ‘‘technology’’ in 9E003.a.1, required to furnish the ECCN under written notice may be conveyed by 9E003.a.2, 9E003.a.3, 9E003.a.4, paragraph (d)(1)(i) or (ii) of this section paper documents or by electronic 9E003.a.5, 9E003.c, 9E003.i (other than unless the consignee knows that the methods such as facsimile or email. technology for fan or power turbines) ECCN is incorrect or has changed. The (4) Requirements for releases of 9E003.h. word ‘‘knows’’ has the same meaning as software source code or technology (c) Authorizing paragraphs—(1) the term ‘‘knowledge’’ in § 772.1 of the within a single country. Instead of the Multiple reasons for control. Exports, EAR. requirement of paragraphs (d)(1) reexports, and in country transfers in (2) Prior Consignee Statement. The through (d)(3) of this section, the party which the only applicable reason(s) for exporter, reexporter and transferor must releasing software source code or control is (are) national security (NS); obtain the following statement in technology to a national of a country chemical or biological weapons (CB); writing from its consignee prior to listed in paragraph (c)(1) or (c)(2) of this nuclear nonproliferation (NP); regional shipping the item and must retain the section must notify the recipient of the stability (RS); crime control (CC), and/ statement in accordance with part 762 software source code or technology of or significant items (SI) are authorized of the EAR. One statement may be used the restrictions upon further release of for destinations in or nationals of for multiple shipments of the same the software source code or technology. Argentina, Australia, Austria, Belgium, items between the same parties so long The notification must either expressly Bulgaria, Canada, Croatia, Czech as the party names, the description(s) of inform the recipient that the EAR Republic, Denmark, Estonia, Finland, the item(s) and the ECCNs are correct. impose limits on further disclosure or France, Germany, Greece, Hungary, The exporter, reexporter, and transferor must be in the form of an agreement in Iceland, Ireland, Italy, Japan, Latvia, must maintain a log or other record that which the recipient agrees to limits on Lithuania, Luxembourg, Netherlands, identifies each shipment made pursuant further disclosure. Any such agreement New Zealand, Norway, Poland, to this section and the specific must impose limits that are equivalent Portugal, Romania, Slovakia, Slovenia, consignee statement that is associated to or more restrictive than all limits on South Korea, Spain, Sweden, with each shipment. further disclosure that are imposed by

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the EAR. The notification must be in Supplement No. 1 to Part 774—The of the eight destinations listed in writing and a copy of it must be retained Commerce Control List § 740.20(c)(2) of the EAR. by the party making the release and the * * * * * * * * * * recipient of the release. The notification ■ 16. In Supplement No. 1 to Part 774 may be in a separate document or 1A002 ‘‘Composite’’ structures or (the Commerce Control List), Category 1, included in a document such as a laminates, having any of the following (see ECCN 1C012 is amended by adding at List of Items Controlled). contract or a nondisclosure agreement. the end of the License Exception If the document has an expiration date, * * * * * section, a new License Exception STA it must provide that the restrictions on License Exceptions paragraph to read as follows: disclosure do not expire. * * * * * (e) Limitation on subsequent exports, 1C012 Materials, as follows (see List of STA: License Exception STA may not be Items Controlled). reexports or in country transfers. If a used to ship any item in this entry to any of * * * * * commodity has been exported, the eight destinations listed in § 740.20(c)(2) reexported or transferred in-country of the EAR. License Exceptions pursuant to this section, it may not be * * * * * * * * * * subsequently exported, reexported or ■ 13. In Supplement No. 1 to Part 774 STA: License Exception STA may not be transferred in-country pursuant to (the Commerce Control List), Category 1, used to ship any item in this entry to any of paragraphs (a) or (b) of License the eight destinations listed in § 740.20(c)(2) ECCN 1C001 is amended by adding at of the EAR. Exception APR (§ 740.16(a) or (b) of the the end of the License Exception * * * * * EAR). Paragraphs (a) and (b) of License section, a new License Exception STA ■ Exception APR do not authorize exports paragraph to read as follows: 17. In Supplement No. 1 to Part 774 of software or technology. (the Commerce Control List), Category 1, (f) Applicability of Wassenaar 1C001 Materials specially designed for use ECCN 1D002 is amended by adding at Arrangement reporting requirements. as absorbers of electromagnetic waves, or the end of the License Exception See § 743.1 of the EAR for special intrinsically conductive polymers, as follows section, a new License Exception STA (see List of Items Controlled). reporting requirements that apply to paragraph to read as follows: some exports made pursuant to this * * * * * 1D002 ‘‘Software’’ for the ‘‘development’’ section. License Exceptions of organic ‘‘matrix’’, metal ‘‘matrix’’ or PART 743—[AMENDED] * * * * * carbon ‘‘matrix’’ laminates or ‘‘composites’’. STA: License Exception STA may not be * * * * * ■ used to ship any item in this entry to any of 9. The authority citation for part 743 License Exceptions continues to read as follows: the eight destinations listed in § 740.20(c)(2) of the EAR. * * * * * Authority: 50 U.S.C. app. 2401 et seq.; 50 * * * * * STA: License Exception STA may not be U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, ■ 14. In Supplement No. 1 to Part 774 used to ship or transmit ‘‘software’’ for the 3 CFR, 2001 Comp., p. 783; Notice of August ‘‘development’’ of organic ‘‘matrix’’, metal 12, 2010, 75 FR 50681 (August 16, 2010). (the Commerce Control List), Category 1, ‘‘matrix’’ or carbon ‘‘matrix’’ laminates or ECCN 1C007 is amended by adding at ■ 10. Section 743.1 is amended by ‘‘composites’’ specified in ECCN 1A002 to the end of the License Exception adding a paragraph (b)(4) to read as any of the eight destinations listed in section, a new License Exception STA § 740.20(c)(2) of the EAR. follows: paragraph to read as follows: * * * * * § 743.1 Wassenaar Arrangement. 1C007 Ceramic base materials, non- ■ 18. In Supplement No. 1 to Part 774 * * * * * ‘‘composite’’ ceramic materials, ceramic- (the Commerce Control List), Category 1, (b) * * * ‘‘matrix’’ ‘‘composite’’ materials and ECCN 1E001 is amended by adding at (4) Exports authorized under License precursor materials, as follows (see List of the end of the License Exception Exception STA (See § 740.20 of the Items Controlled). section, a new License Exception STA EAR). * * * * * paragraph to read as follows: * * * * * License Exceptions 1E001 ‘‘Technology’’ according to the PART 774—[AMENDED] * * * * * General Technology Note for the STA: License Exception STA may not be ‘‘development’’ or ‘‘production’’ of items ■ 11. The authority citation for part 774 used to ship any item in 1C007.c or d to any controlled by 1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, continues to read as follows: of the eight destinations listed in § 740.20(c)(2) of the EAR. 1A008, 1A101, 1B (except 1B999), or 1C Authority: 50 U.S.C. app. 2401 et seq.; 50 (except 1C355, 1C980 to 1C984, 1C988, U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. * * * * * 1C990, 1C991, 1C995 to 1C999). 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et ■ * * * * * seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 15. In Supplement No. 1 to Part 774 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. (the Commerce Control List), Category 1, License Exceptions ECCN 1C010 is amended by adding at 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 * * * * * U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. the end of the License Exception STA: License Exception STA may not be 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. section, a new License Exception STA used to ship or transmit ‘‘technology’’ 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 paragraph to read as follows: according to the General Technology Note for Comp., p. 783; Notice of August 12, 2010, 75 the ‘‘development’’ or ‘‘production’’ of FR 50681 (August 16, 2010). 1C010 ‘‘Fibrous or filamentary materials’’ as follows (see List of Items Controlled). equipment and materials specified by ECCNs ■ 12. In Supplement No. 1 to Part 774 1A002, 1C001, 1C007.c or d, 1C010.c or d or (the Commerce Control List), Category 1, * * * * * 1C012 to any of the eight destinations listed ECCN 1A002 is amended by adding at License Exceptions in § 740.20(c)(2) of the EAR. the end of the License Exception * * * * * * * * * * section, a new License Exception STA STA: License Exception STA may not be ■ 19. In Supplement No. 1 to Part 774 paragraph to read as follows: used to ship any item in 1C010.c or d to any (the Commerce Control List), Category 1,

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ECCN 1E002 is amended by adding at ■ 22. In Supplement No. 1 to Part 774 3D001 ‘‘Software’’ specially designed for the end of the License Exception (the Commerce Control List), Category 2, the ‘‘development’’ or ‘‘production’’ of section, a new License Exception STA ECCN 2E002 is amended by adding at equipment controlled by 3A001.b to 3A002.g paragraph to read as follows: the end of the License Exception or 3B (except 3B991 and 3B992). * * * * * 1E002 Other ‘‘technology’’ as follows (see section, a new License Exception STA List of Items Controlled). paragraph to read as follows: License Exceptions * * * * * 2E002 ‘‘Technology’’ according to the * * * * * General Technology Note for the STA: License Exception STA may not be License Exceptions ‘‘production’’ of equipment controlled by 2A used to ship or transmit ‘‘software’’ specially * * * * * (except 2A983, 2A984, 2A991, or 2A994), or designed for the ‘‘development’’ or STA: License Exception STA may not be 2B (except 2B991, 2B993, 2B996, 2B997, or ‘‘production’’ of equipment specified by used to ship or transmit any item in 1E002.e 2B998). 3A002.g.1 or 3B001.a.2 to any of the eight or .f to any of the eight destinations listed in * * * * * destinations listed in § 740.20(c)(2) of the § 740.20(c)(2) of the EAR. EAR. * * * * * License Exceptions * * * * * ■ 20. In Supplement No. 1 to Part 774 * * * * * ■ 26. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2, STA: License Exception STA may not be (the Commerce Control List), Category 3, used to ship or transmit ‘‘technology’’ ECCN 2D001 is amended by adding at according to the General Technology Note for ECCN 3E001 is amended by adding at the end of the License Exception the ‘‘production’’ of equipment as follows: the end of the License Exception section, a new License Exception STA ECCN 2B001 entire entry; or ‘‘Numerically section, a new License Exception STA paragraph to read as follows: controlled’’ or manual machine tools as paragraph to read as follows: specified in 2B003 to any of the eight 2D001 ‘‘Software’’, other than that destinations listed in § 740.20(c)(2) of the 3E001 ‘‘Technology’’ according to the controlled by 2D002, specially designed or EAR. General Technology Note for the modified for the ‘‘development’’, ‘‘development’’ or ‘‘production’’ of ‘‘production’’ or ‘‘use’’ of equipment * * * * * equipment or materials controlled by 3A controlled by 2A001 or 2B001 to 2B009. ■ 23. In Supplement No. 1 to Part 774 (except 3A292, 3A980, 3A981, 3A991 3A992, * * * * * (the Commerce Control List), Category 3, or 3A999), 3B (except 3B991 or 3B992) or 3C ECCN 3A002 is amended by adding at (except 3C992). License Exceptions the end of the License Exception * * * * * * * * * * section, a new License Exception STA License Exceptions STA: License Exception STA may not be paragraph to read as follows: used to ship or transmit ‘‘software’’, other * * * * * than that specified by ECCN 2D002, specially 3A002 General purpose electronic STA: License Exception STA may not be designed for the ‘‘development’’ or equipment and accessories therefor, as used to ship or transmit ‘‘technology’’ ‘‘production’’ of equipment as follows: ECCN follows (see List of Items Controlled). according to the General Technology Note for 2B001 entire entry; or ‘‘Numerically * * * * * the ‘‘development’’ or ‘‘production’’ of controlled’’ or manual machine tools as equipment specified by ECCNs 3A002.g.1 or specified in 2B003 to any of the eight License Exceptions 3B001.a.2 to any of the eight destinations destinations listed in § 740.20(c)(2) of the * * * * * listed in § 740.20(c)(2) of the EAR. EAR. STA: License Exception STA may not be * * * * * used to ship any item in 3A002.g.1 to any of * * * * * ■ 27. In Supplement No. 1 to Part 774 ■ 21. In Supplement No. 1 to Part 774 the eight destinations listed in § 740.20(c)(2) of the EAR. (the Commerce Control List), Category 4, (the Commerce Control List), Category 2, ECCN 4A001 is amended by adding at ECCN 2E001 is amended by adding at * * * * * ■ the end of the License Exception the end of the License Exception 24. In Supplement No. 1 to Part 774 section, a new License Exception STA section, a new License Exception STA (the Commerce Control List), Category 3, paragraph to read as follows: paragraph to read as follows: ECCN 3B001 is amended by adding at the end of the License Exception 4A001 Electronic computers and related 2E001 ‘‘Technology’’ according to the section, a new License Exception STA equipment, having any of the following (see General Technology Note for the paragraph to read as follows: List of Items Controlled), and ‘‘electronic ‘‘development’’ of equipment or ‘‘software’’ assemblies’’ and specially designed controlled by 2A (except 2A983, 2A984, 3B001 Equipment for the manufacturing of components therefor. 2A991, or 2A994), 2B (except 2B991, 2B993, semiconductor devices or materials, as * * * * * 2B996, 2B997, or 2B998), or 2D (except follows (see List of Items Controlled) and 2D983, 2D984, 2D991, 2D992, or 2D994). specially designed components and License Exceptions * * * * * accessories therefor. * * * * * STA: License Exception STA may not be License Exceptions * * * * * used to ship any commodity in 4A001.a.2 to * * * * * License Exceptions any of the eight destinations listed in STA: License Exception STA may not be * * * * * § 740.20(c)(2) of the EAR. used to ship or transmit ‘‘technology’’ STA: License Exception STA may not be * * * * * according to the General Technology Note for used to ship any item in 3B001.a.2 to any of ■ the ‘‘development’’ of ‘‘software’’ specified in the eight destinations listed in § 740.20(c)(2) 28. In Supplement No. 1 to Part 774 the License Exception STA paragraph in the of the EAR. (the Commerce Control List), Category 4, License Exception section of ECCN 2D001 or * * * * * ECCN 4D001 is amended by adding at for the ‘‘development’’ of equipment as the end of the License Exception ■ 25. In Supplement No. 1 to Part 774 follows: ECCN 2B001 entire entry; or section, a new License Exception STA (the Commerce Control List), Category 3, ‘‘Numerically controlled’’ or manual machine paragraph to read as follows: tools as specified in 2B003 to any of the eight ECCN 3D001 is amended by adding at destinations listed in § 740.20(c)(2) of the the end of the License Exception 4D001 ‘‘Software’’ as follows (see List of EAR. section, a new License Exception STA Items Controlled). * * * * * paragraph to read as follows: * * * * *

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License Exceptions License Exceptions 6A001 Acoustic systems, equipment and * * * * * * * * * * components, as follows (see List of Items STA: License Exception STA may not be STA: License Exception STA may not be Controlled). used to ship or transmit ‘‘software’’ specially used to ship 5B001.a equipment and * * * * * designed for the ‘‘development’’ or specially designed components or accessories License Exceptions ‘‘production’’ of equipment specified by therefor, specially designed for the ECCN 4A001.a.2 or for the ‘‘development’’ or ‘‘development’’, ‘‘production’’ or ‘‘use’’ of * * * * * ‘‘production’’ of ‘‘digital computers’’ having STA: License Exception STA may not be equipment, functions or features specified by an ‘Adjusted Peak Performance’ (‘APP’) used to ship commodities in 6A001.a.1.b, in ECCN 5A001.b.3, .b.5 or .h to any of the exceeding 0.5 Weighted TeraFLOPS (WT) to 6A001.a.1.e or 6A001.a.2 (except .a.2.a.4) to any of the eight destinations listed in eight destinations listed in § 740.20(c)(2) of any of the eight destinations listed in § 740.20(c)(2) of the EAR. the EAR. § 740.20(c)(2) of the EAR. * * * * * * * * * * * * * * * ■ 29. In Supplement No. 1 to Part 774 ■ 32. In Supplement No. 1 to Part 774 ■ 35. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 4, (the Commerce Control List), Category 5, (the Commerce Control List), Category 6, ECCN 4E001 is amended by adding at Part 1, ECCN 5D001 is amended by ECCN 6A002 is amended by revising the the end of the License Exception adding at the end of the License ECCN heading and by adding at the end section, a new License Exception STA Exception section, a new License of the License Exception section, a new paragraph to read as follows: Exception STA paragraph to read as License Exception STA paragraph to 4E001 ‘‘Technology’’ as follows (see List of follows: read as follows: Items Controlled). 5D001 ‘‘Software’’ as follows (see List of 6A002 Optical sensors or equipment and * * * * * Items Controlled). components therefore, as follows (see List of Items Controlled). License Exceptions * * * * * * * * * * * * * * * License Exceptions STA: License Exception STA may not be * * * * * License Exceptions used to ship or transmit ‘‘technology’’ STA: License Exception STA may not be * * * * * according to the General Technology Note for used to ship or transmit 5D001.a ‘‘software’’ STA: License Exception STA may not be the ‘‘development’’ or ‘‘production’’ of any of used to ship any commodity in: 6A002.a.1.a, the following equipment or ‘‘software’’: a. specially designed for the ‘‘development’’ or ‘‘production’’ of equipment, functions or b. or c; or 6A002.a.2.a in which the Equipment specified by ECCN 4A001.a.2; b. photocathode in described in 6A002.a.2.a 3.a ‘‘Digital computers’’ having an ‘Adjusted features, specified by ECCN 5A001.b.3, .b.5 or .h; and for 5D001.b. for ‘‘software’’ is a Multialkali photocathode (e.g., S–20 and Peak Performance’ (‘APP’) exceeding 0.5 S–25) having a luminous sensitivity Weighted TeraFLOPS (WT); or c. ‘‘software’’ specially designed or modified to support exceeding 700 μA/lm; or specified in the License Exception STA ‘‘technology’’ specified by the STA paragraph 6A002.a.3; or paragraph found in the License Exception in the License Exception section of ECCN 6A002.b; or section of ECCN 4D001 to any of the eight 5E001 to any of the eight destinations listed 6A002.c ‘‘Direct view’’ imaging equipment destinations listed in § 740.20(c)(2) of the in § 740.20(c)(2) of the EAR. incorporating any of the following: EAR. * * * * * 1. Image intensifier tubes having the ■ 30. In Supplement No. 1 to Part 774 characteristics listed in the description of ■ (the Commerce Control List), Category 5, 33. In Supplement No. 1 to Part 774 6A002.a.2.a earlier in this STA paragraph of Part 1, ECCN 5A001 is amended by (the Commerce Control List), Category 5, License Exception section to this ECCN; or adding at the end of the License Part 1, ECCN 5E001 is amended by 2. ‘‘Focal plane arrays’’ having the Exception section, a new License adding at the end of the License characteristics listed in the description of Exception STA paragraph to read as Exception section, a new License 6A002.a.3; or 6A002.e to any of the eight follows: Exception STA paragraph to read as destinations listed in § 740.20(c)(2) of the follows: EAR 5A001 Telecommunications systems, * * * * * equipment, components and accessories, as 5E001 ‘‘Technology’’ as follows (see List of follows (see List of Items Controlled). Items Controlled). ■ 36. In Supplement No. 1 to Part 774 * * * * * * * * * * (the Commerce Control List), Category 6, ECCN 6A003 is amended by adding at License Exceptions License Exceptions the end of the License Exception * * * * * * * * * * section, a new License Exception STA STA: License Exception STA may not be STA: License Exception STA may not be paragraph to read as follows: used to ship any commodity in 5A001.b.3, used to ship or transmit ‘‘technology’’ 6A003 Cameras. .b.5 or .h to any of the eight destinations according to the General Technology Note for listed in § 740.20(c)(2) of the EAR. the ‘‘development’’ or ‘‘production’’ of * * * * * * * * * * equipment, functions or features specified by License Exceptions ■ 31. In Supplement No. 1 to Part 774 5A001.b.3, .b.5 or .h; or for ‘‘software’’ in * * * * * 5D001.a that is specified in the STA (the Commerce Control List), Category 5, STA: License Exception STA may not be Part 1, ECCN 5B001 is amended by paragraph in the License Exception section of used to ship any commodity in 6A003.b.3 or adding at the end of the License ECCN 5D001 to any of the eight destinations b.4 to any of the eight destinations listed in Exception section, a new License listed in § 740.20(c)(2) of the EAR. § 740.20(c)(2) of the EAR. Exception STA paragraph to read as * * * * * * * * * * follows: ■ 34. In Supplement No. 1 to Part 774 ■ 37. In Supplement No. 1 to Part 774 5B001 Telecommunication test, inspection (the Commerce Control List), Category 6, (the Commerce Control List), Category 6, and production equipment, components and ECCN 6A001 is amended by adding at ECCN 6A004 is amended by adding at accessories, as follows (See List of Items the end of the License Exception the end of the License Exception Controlled). section, a new License Exception STA section, a new License Exception STA * * * * * paragraph to read as follows: paragraph to read as follows:

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6A004 Optical equipment and components, License Exceptions this entry to any of the eight destinations as follows (see List of Items Controlled). * * * * * listed in § 740.20(c)(2) of the EAR. * * * * * STA: License Exception STA may not be * * * * * used to ship any commodity in this entry to License Exceptions ■ any of the eight destinations listed in 44. In Supplement No. 1 to Part 774 * * * * * § 740.20(c)(2) of the EAR. (the Commerce Control List), Category 6, STA: Paragraph (c)(2) of License Exception * * * * * ECCN 6E002 is amended by adding at STA may not be used to ship any commodity the end of the License Exception in 6A004.c or .d to any of the eight ■ 41. In Supplement No. 1 to Part 774 section, a new License Exception STA destinations in § 740.20(c)(2) of the EAR. (the Commerce Control List), Category 6, paragraph to read as follows: * * * * * ECCN 6D001 is amended by adding at 6E002 ‘‘Technology’’ according to the ■ 38. In Supplement No. 1 to Part 774 the end of the License Exception (the Commerce Control List), Category 6, General Technology Note for the section, a new License Exception STA ‘‘production’’ of equipment or materials ECCN 6A006 is amended by adding at paragraph to read as follows: controlled by 6A (except 6A991, 6A992, the end of the License Exception 6D001 ‘‘Software’’ specially designed for 6A994, 6A995, 6A996, 6A997 or 6A998), 6B section, a new License Exception STA (except 6B995) or 6C (except 6C992 or paragraph to read as follows: the ‘‘development’’ or ‘‘production’’ of equipment controlled by 6A004, 6A005, 6C994). 6A006 ‘‘Magnetometers’’, ‘‘magnetic 6A008 or 6B008. * * * * * gradiometers’’, ‘‘intrinsic magnetic * * * * * gradiometers’’, underwater electric field License Exceptions sensors, ‘‘compensation systems’’, and License Exceptions * * * * * specially designed components therefor, as * * * * * STA: License Exception STA may not be follows (see List of Items Controlled). STA: License Exception STA may not be used to ship or transmit ‘‘technology’’ * * * * * used to ship or transmit ‘‘software’’ specially according to the General Technology Note for designed for the ‘‘development’’ or the ‘‘production’’ of equipment specified in License Exceptions ‘‘production’’ of equipment specified by the STA exclusion paragraphs found in the * * * * * ECCNs 6A004.c, 6A004.d, 6A008.d, 6A008.h, License Exception sections of by ECCNs STA: License Exception STA may not be 6A008.k, or 6B008 to any of the eight 6A001, 6A002, 6A003, 6A004, 6A006, used to ship any commodity in: destinations listed in § 740.20(c)(2) of the 6A008, or 6B008 to any of the eight 6A006.a.1; or EAR destinations listed in § 740.20(c)(2) of the 6A006.a.2; or EAR. 6A006.c.1 ‘‘Magnetic gradiometers’’ using * * * * * * * * * * multiple ‘‘magnetometers’’ specified by ■ 42. In Supplement No. 1 to Part 774 6A006.a.1 or 6.A006.a.2; or 6A006.d or .e ■ (only for underwater receivers incorporating (the Commerce Control List), Category 6, 45. In Supplement No. 1 to Part 774 magnetometers specified in 6A006.a.1 or ECCN 6D003 is amended by adding at (the Commerce Control List), Category 7, 6A006.a.2) to any of the eight destinations the end of the License Exception ECCN 7D003 is amended by adding at listed in § 740.20(c)(2) of the EAR section, a new License Exception STA the end of the License Exception * * * * * paragraph to read as follows: section, a new License Exception STA paragraph to read as follows: ■ 39. In Supplement No. 1 to Part 774 6D003 Other ‘‘software’’ as follows (see (the Commerce Control List), Category 6, List of Items Controlled). 7D003 Other ‘‘software’’ as follows (see List ECCN 6A008 is amended by adding at * * * * * of Items Controlled). the end of the License Exception * * * * * section, a new License Exception STA License Exceptions paragraph to read as follows: * * * * * License Exceptions STA: License Exception STA may not be 6A008 Radar systems, equipment and * * * * * used to ship transmit software in 6D003.a to assemblies, having any of the following (see STA: License Exception STA may not be any of the eight destinations listed in List of Items Controlled), and specially used to ship or transmit software in 7D003.a, § 740.20(c)(2) of the EAR. designed components therefor. b, c, d.1 to d.4 or d.7 to any of the eight * * * * * destinations listed in § 740.20(c)(2) of the * * * * * EAR. ■ 43. In Supplement No. 1 to Part 774 License Exceptions * * * * * * * * * * (the Commerce Control List), Category 6, ■ STA: License Exception STA may not be ECCN 6E001 is amended by adding at 46. In Supplement No. 1 to Part 774 used to ship any commodity in 6A008.d, the end of the License Exception (the Commerce Control List), Category 7, 6A008.h or 6A008.k to any of the eight section, a new License Exception STA ECCN 7E001 is amended by: destinations listed in § 740.20(c)(2) of the paragraph to read as follows: ■ a. Revising the MT paragraph in the EAR. 6E001 ‘‘Technology’’ according to the License Requirements section; and * * * * * General Technology Note for the ■ ■ 40. In Supplement No. 1 to Part 774 b. Adding at the end of the License ‘‘development’’ of equipment, materials or Exception section, a new License (the Commerce Control List), Category 6, ‘‘software’’ controlled by 6A (except 6A991, ECCN 6B008 is amended by adding at 6A992, 6A994, 6A995, 6A996, 6A997, or Exception STA paragraph to read as the end of the License Exception 6A998), 6B (except 6B995), 6C (except 6C992 follows: section, a new License Exception STA or 6C994), or 6D (except 6D991, 6D992, or 7E001 ‘‘Technology’’ according to the paragraph to read as follows: 6D993). General Technology Note for the * * * * * ‘‘development’’ of equipment or ‘‘software’’, 6B008 Pulse radar cross-section controlled by 7A (except 7A994), 7B (except measurement systems having transmit pulse License Exceptions 7B994) or 7D (except 7D994). widths of 100 ns or less, and specially * * * * * designed components therefor. STA: License Exception STA may not be License Requirements * * * * * used to ship or transmit any technology in * * * * *

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Controls Country chart

******* MT applies to technology for equipment controlled for MT reasons. MT does not apply to MT Column 1. ‘‘technology’’ for equipment controlled by 7A008. MT does apply to ‘‘technology’’ for equip- ment specified in 7A001, 7A002 or 7A003.d that meets or exceeds parameters of 7A101, 7A102 or 7A103.

*******

License Exceptions ■ 47. In Supplement No. 1 to Part 774 Exception STA paragraph to read as * * * * * (the Commerce Control List), Category 7, follows: STA: License Exception STA may not be ECCN 7E002 is amended by: 7E002 ‘‘Technology’’ according to the used to ship or transmit any technology in ■ a. Revising the MT paragraph in the General Technology Note for the this entry to any of the eight destinations License Requirements section; and ‘‘production’’ of equipment controlled by 7A listed in § 740.20(c)(2) of the EAR. (except 7A994) or 7B (except 7B994). ■ b. Adding at the end of the License * * * * * Exception section, a new License License Requirements * * * * *

Controls Country chart

******* MT applies to technology for equipment controlled for MT reasons. MT does not apply to MT Column 1. ‘‘technology’’ for equipment controlled by 7A008. MT does apply to ‘‘technology’’ for equip- ment specified in 7A001, 7A002 or 7A003.d that meets or exceeds parameters of 7A101, 7A102 or 7A103.

*******

License Exceptions License Exceptions 8D002 Specific ‘‘software’’ specially * * * * * * * * * * designed or modified for the ‘‘development’’, STA: License Exception STA may not be STA: License Exception STA may not be ‘‘production’’, repair, overhaul or used to ship or transmit any technology in used to ship any commodity in 8A002.b, h, refurbishing (re-machining) of propellers this entry to any of the eight destinations j, o.3, or p to any of the eight destinations specially designed for underwater noise listed in § 740.20(c)(2) of the EAR. listed in § 740.20(c)(2) of the EAR. reduction. * * * * * * * * * * * * * * * ■ 48. In Supplement No. 1 to Part 774 ■ 50. In Supplement No. 1 to Part 774 License Exceptions (the Commerce Control List), Category 8, (the Commerce Control List), Category 8, * * * * * ECCN 8A001 is amended by adding at ECCN 8D001 is amended by adding at STA: License Exception STA may not be the end of the License Exception the end of the License Exception used to ship or transmit any software in this section, a new License Exception STA section, a new License Exception STA entry to any of the eight destinations listed paragraph to read as follows: paragraph to read as follows: in § 740.20(c)(2) of the EAR. 8A001 Submersible vehicles and surface 8D001 ‘‘Software’’ specially designed or * * * * * vessels, as follows (see List of Items modified for the ‘‘development’’, ■ 52. In Supplement No. 1 to Part 774 Controlled). ‘‘production’’ or ‘‘use’’ of equipment or (the Commerce Control List), Category 8, * * * * * materials, controlled by 8A (except 8A018 or 8A992), 8B or 8C. ECCN 8E001 is amended by adding at License Exceptions the end of the License Exception * * * * * * * * * * section, a new License Exception STA STA: License Exception STA may not be License Exceptions paragraph to read as follows: used to ship any commodity in 8A001.b, * * * * * 8E001 ‘‘Technology’’ according to the 8A001.c or 8A001.d to any of the eight STA: License Exception STA may not be General Technology Note for the destinations listed in § 740.20(c)(2) of the used to ship or transmit ‘‘software’’ specially ‘‘development’’ or ‘‘production’’ of EAR. designed for the ‘‘development’’ or equipment or materials, controlled by 8A * * * * * ‘‘production’’ of equipment in 8A001.b, (except 8A018 or 8A992), 8B or 8C. ■ 49. In Supplement No. 1 to Part 774 8A001.c, 8A001.d, 8A002.b, 8A002.h, 8A002.j, 8A002.o.3 or 8A002.p to any of the * * * * * (the Commerce Control List), Category 8, eight destinations listed in § 740.20(c)(2) of License Exceptions ECCN 8A002 is amended by adding at the EAR. * * * * * the end of the License Exception * * * * * STA: License Exception STA may not be section, a new License Exception STA ■ 51. In Supplement No. 1 to Part 774 paragraph to read as follows: used to ship or transmit ‘‘technology’’ (the Commerce Control List), Category 8, according to the General Technology Note for 8A002 Marine systems, equipment and ECCN 8D002 is amended by adding at the ‘‘development’’ or ‘‘production’’ of components, as follows (see List of Items the end of the License Exception equipment specified by 8A001.b, 8A001.c, Controlled). section, a new License Exception STA 8A001.d, 8A002.b, 8A002.h, 8A002.j, * * * * * paragraph to read as follows: 8A002.o.3 or 8A002.p to any of the eight

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destinations listed in § 740.20(c)(2) of the of equipment or ‘‘technology’’, specified by License Exceptions EAR. ECCNs 9B001.b. or 9E003.a.1, 9E003.a.2 to * * * * * a.5, 9E003.a.8, or 9E003.h to any of the eight * * * * * STA: License Exception STA may not be ■ destinations listed in § 740.20(c)(2) of the 53. In Supplement No. 1 to Part 774 EAR. used to ship or transmit any technology in (the Commerce Control List), Category 8, this entry to any of the eight destinations * * * * * ECCN 8E002 is amended by adding at listed in § 740.20(c)(2) of the EAR. ■ 56. In Supplement No. 1 to Part 774 the end of the License Exception * * * * * section, a new License Exception STA (the Commerce Control List), Category 9, paragraph to read as follows: ECCN 9D002 is amended by adding at ■ 59. In Supplement No. 1 to Part 774 the end of the License Exception (the Commerce Control List), Category 9, 8E002 Other ‘‘technology’’ as follows (see section, a new License Exception STA List of Items Controlled). ECCN 9E002 is amended by adding at paragraph to read as follows: the end of the License Exception * * * * * 9D002 ‘‘Software’’ specially designed or section, a new License Exception STA License Exceptions modified for the ‘‘production’’ of equipment paragraph to read as follows: * * * * * controlled by 9A (except 9A018, 9A990, or STA: License Exception STA may not be 9A991) or 9B (except 9B990 or 9B991). 9E002 ‘‘Technology’’ according to the used to ship or transmit technology in * * * * * General Technology Note for the 8E002.a to any of the eight destinations listed ‘‘production’’ of equipment controlled by in § 740.20(c)(2) of the EAR. License Exceptions 9A001.b, 9A004 to 9A011 or 9B (except * * * * * * * * * * 9B990 or 9B991). ■ STA: License Exception STA may not be * * * * * 54. In Supplement No. 1 to Part 774 used to ship or transmit ‘‘software’’ specially (the Commerce Control List), Category 9, designed or modified for the ‘‘production’’ of License Exceptions ECCN 9B001 is amended by adding at equipment specified by 9B001.b to any of the * * * * * the end of the License Exception eight destinations listed in § 740.20(c)(2) of section, a new License Exception STA the EAR. STA: License Exception STA may not be used to ship or transmit any technology in paragraph to read as follows: * * * * * this entry to any of the eight destinations ■ 9B001 Equipment, tooling and fixtures, 57. In Supplement No. 1 to Part 774 listed in § 740.20(c)(2) of the EAR. (the Commerce Control List), Category 9, specially designed for manufacturing gas * * * * * turbine blades, vanes or tip shroud castings, ECCN 9D004 is amended by adding at as follows (see List of Items Controlled). the end of the License Exception ■ 60. In Supplement No. 1 to Part 774 * * * * * section, a new License Exception STA (the Commerce Control List), Category 9, paragraph to read as follows: License Exceptions ECCN 9E003 is amended by adding at * * * * * 9D004 Other ‘‘software’’ as follows (see List the end of the License Exception STA: License Exception STA may not be of Items Controlled). section, a new License Exception STA used to ship commodities in 9B001.b to any * * * * * paragraph to read as follows: of the eight destinations listed in § 740.20(c)(2) of the EAR. License Exceptions 9E003 Other ‘‘technology’’ as follows (see List of Items Controlled). * * * * * * * * * * STA: License Exception STA may not be ■ * * * * * 55. In Supplement No. 1 to Part 774 used to ship or transmit software in 9D004.a (the Commerce Control List), Category 9, and 9D004.c to any of the eight destinations License Exceptions ECCN 9D001 is amended by adding at listed in § 740.20(c)(2) of the EAR. * * * * * the end of the License Exception * * * * * STA: License Exception STA may not be section, a new License Exception STA ■ 58. In Supplement No. 1 to Part 774 used to ship or transmit any technology in paragraph to read as follows: (the Commerce Control List), Category 9, 9E003.a.1, 9E003.a.2 to a.5, 9E003.a.8, or 9D001 ‘‘Software’’ specially designed or ECCN 9E001 is amended by adding at 9E003.h to any of the eight destinations listed modified for the ‘‘development’’ of the end of the License Exception in § 740.20(c)(2) of the EAR. equipment or ‘‘technology’’, controlled by 9A section, a new License Exception STA * * * * * (except 9A018, 9A990 or 9A991), 9B (except paragraph to read as follows: 9B990 or 9B991) or 9E003. Dated: June 8, 2011. 9E001 ‘‘Technology’’ according to the Gary Locke, * * * * * General Technology Note for the License Exceptions ‘‘development’’ of equipment or ‘‘software’’, Secretary of Commerce. * * * * * controlled by 9A001.b, 9A004 to 9A012, 9B [FR Doc. 2011–14705 Filed 6–15–11; 8:45 am] STA: License Exception STA may not be (except 9B990 or 9B991), or 9D (except BILLING CODE 4910–13–P used to ship or transmit ‘‘software’’ specially 9D990 or 9D991). designed or modified for the ‘‘development’’ * * * * *

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Part III

The President

Executive Order 13576—Delivering an Efficient, Effective, and Accountable Government

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Federal Register Presidential Documents Vol. 76, No. 116

Thursday, June 16, 2011

Title 3— Executive Order 13576 of June 13, 2011

The President Delivering an Efficient, Effective, and Accountable Govern- ment

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to cut waste, streamline Government operations, and reinforce the performance and management reform gains my Administration has achieved, it is hereby ordered as follows: Section 1. Policy. My Administration is committed to ensuring that the Federal Government serves the American people with the utmost effective- ness and efficiency. Over the last 2 years, we have made good progress and have saved taxpayer dollars by cutting waste and increasing the efficiency of Government operations by curbing uncontrolled growth in contract spend- ing, terminating poorly performing information technology projects, deploy- ing state of the art fraud detection tools to crack down on waste, focusing agency leaders on achieving ambitious improvements in high priority areas, and opening Government up to the public to increase accountability and accelerate innovation. The American people must be able to trust that their Government is doing everything in its power to stop wasteful practices and earn a high return on every tax dollar that is spent. To strengthen that trust and deliver a smarter and leaner Government, my Administration will reinforce the per- formance and management reform gains achieved thus far; systematically identify additional reforms necessary to eliminate wasteful, duplicative, or otherwise inefficient programs; and publicize these reforms so that they may serve as a model across the Federal Government. The implementation of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) (Recovery Act) has seen unprecedented trans- parency. The Recovery Accountability and Transparency Board (RATB) has developed innovative technologies and approaches for preventing and identi- fying fraud and abuse that have the potential to improve performance across all of Government spending. Sec. 2. Accountable Government Initiative. (a) On September 14, 2010, in a Memorandum to the Senior Executive Service, my Administration intro- duced goals for the Accountable Government Initiative (Initiative). The mis- sion of the Initiative is to monitor and promote agency progress in making Government work better, faster, and more efficiently. To hold executive departments and agencies (agencies) accountable for obtaining results con- sistent with this mission, the Vice President shall convene periodic meetings in which Cabinet members and the Director of the Office of Management and Budget (OMB) report to him on improvements implemented under their direction. (b) The Federal Chief Performance Officer (CPO), who also serves as the Deputy Director for Management of OMB and the Chair of the President’s Management Council (PMC), shall work with the PMC to support agencies’ performance and management reform and cost-cutting efforts. The CPO will lead OMB and the PMC in identifying practices that should be adopted across agencies and in facilitating reforms that require cross-agency coordina- tion and cooperation. The CPO shall work with agencies to ensure that each area identified as critical to performance improvement has robust per- formance metrics in place, and that these metrics are frequently analyzed

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and reviewed by agency leadership. Agencies shall update these metrics quarterly, as appropriate, on the website performance.gov. (c) In accordance with the GPRA Modernization Act of 2010 (31 U.S.C. 1115 et seq.), each agency’s Chief Operating Officer (COO) shall be designated as the Senior Accountable Official responsible for leading performance and management reform efforts, and for reducing wasteful or ineffective programs, policies, and procedures. In discharging this responsibility, this official shall be accountable for conducting frequent data-driven reviews of agency progress toward goals in the areas that OMB identifies as being critical to performance improvement across agencies or that the agency head identi- fies as top near-term priorities. These goals may include reforming informa- tion technology, reducing improper payments, leveraging the Federal Govern- ment’s purchasing scale, reducing high-risk contracting practices, improving the management of Federal real estate, enhancing customer service, and achieving agency and Federal Government priority goals identified pursuant to the GPRA Modernization Act of 2010. (d) The Director of OMB shall provide guidance to agencies as part of the Fiscal Year 2013 budget process for identifying areas of program overlap and duplication within and across agencies, and for proposing consolidations and reductions to address those inefficiencies. (e) The Chief Financial Officers (CFOs) at all agencies shall be responsible for achieving agency cost savings. This will include each agency’s share of the $2.1 billion in administrative cost savings identified in my Fiscal Year 2012 Budget, and for achieving those savings as quickly as possible. The CFOs are encouraged to realize these cost savings by targeting wasteful practices and by reducing, and identifying alternatives to, discretionary travel, the use of consultants, and other administrative expenses. The Federal CFO Council shall provide a monthly report on these efforts to the PMC, with relevant findings and progress reported on performance.gov. Sec. 3. Government Accountability and Transparency Board. (a) There is hereby established a Government Accountability and Transparency Board (Board) to provide strategic direction for enhancing the transparency of Federal spending and advance efforts to detect and remediate fraud, waste, and abuse in Federal programs. The Board shall be composed of 11 members designated by the President from among agency Inspectors General, agency Chief Financial Officers or Deputy Secretaries, a senior official of OMB, and such other members as the President shall designate. The President shall designate a Chair from among the members. Building on the lessons learned from the successful implementation of the Recovery Act, the Board shall work with the RATB to apply the approaches developed by the RATB across Government spending. (b) Not later than 6 months after the date of this order, the Board shall submit a report to the President that identifies implementation guidelines for integrating systems that support the collection and display of Government spending data, ensuring the reliability of those data, and broadening the deployment of fraud detection technologies, including those proven success- ful during the implementation of the Recovery Act. (c) The Director of OMB, in consultation with the Board, shall be respon- sible for assisting executive agencies in achieving objectives in the guidelines identified in subsection (b) above. (d) The Chair of the Board, in consultation with the Director of OMB, shall provide monthly updates to the Vice President on the progress obtained under this order. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals.

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(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, June 13, 2011.

[FR Doc. 2011–15181 Filed 6–15–11; 11:15 am] Billing code 3195–W1–P

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Reader Aids Federal Register Vol. 76, No. 116 Thursday, June 16, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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 2 CFR Proposed Rules: Executive orders and proclamations 741–6000 36...... 31887 780...... 34143 The United States Government Manual 741–6000 205...... 31495, 34180 782...... 34573 916...... 31888 Other Services Proposed Rules: 917...... 31888 Electronic and on-line services (voice) 741–6020 Ch. XI...... 32330 983...... 34181 Privacy Act Compilation 741–6064 Ch. XVIII ...... 31884 987...... 34618 Public Laws Update Service (numbers, dates, etc.) 741–6043 Ch. XXIV...... 31884 1170...... 34004 TTY for the deaf-and-hard-of-hearing 741–6086 Ch. XXVII...... 34003 1205...... 32088 3434...... 34187 3 CFR ELECTRONIC RESEARCH 8 CFR Proclamations: World Wide Web 8683...... 32065 214...... 33970 Full text of the daily Federal Register, CFR and other publications 8684...... 32851 Proposed Rules: is located at: www.fdsys.gov. 8685...... 32853 Ch. I ...... 32331 Federal Register information and research tools, including Public 8686...... 32855 Ch. V...... 34003 8687...... 32857 Inspection List, indexes, and links to GPO Access are located at: 9 CFR www.ofr.gov. 8688...... 33119 307...... 33974 E-mail 8689...... 35089 Executive Orders: 381...... 33974 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13575...... 34841 590...... 33974 an open e-mail service that provides subscribers with a digital 13576...... 35297 Proposed Rules: form of the Federal Register Table of Contents. The digital form Administrative Orders: 92...... 31499 of the Federal Register Table of Contents includes HTML and Memorandums: 93...... 31499 PDF links to the full text of each document. Memorandum of May 94...... 31499 To join or leave, go to http://listserv.access.gpo.gov and select 31, 2011 ...... 33117 96...... 31499 98...... 31499 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of June (or change settings); then follow the instructions. 6, 2011 ...... 33613 10 CFR Notice of June 14, PENS (Public Law Electronic Notification Service) is an e-mail 72...... 33121 service that notifies subscribers of recently enacted laws. 2011 ...... 35093 217...... 33615 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR 430...... 31750 431...... 31795, 33631 and select Join or leave the list (or change settings); then follow 531...... 32859 the instructions. 532...... 31785 Proposed Rules: 35...... 33173 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: respond to specific inquiries. 40...... 31507 Ch. I ...... 31886 50...... 32878, 34007 Reference questions. Send questions and comments about the 532...... 31885 72...... 35137 Federal Register system to: [email protected] Ch. VII...... 32088 73...... 35137 The Federal Register staff cannot interpret specific documents or Ch. XXVI...... 32330 150...... 31507 regulations. Ch. XXVIII...... 34003 430...... 34914 Ch. XXXV ...... 31886 431...... 34192 Reminders. Effective January 1, 2009, the Reminders, including Ch. XLII...... 34177 Rules Going Into Effect and Comments Due Next Week, no longer Ch. XLV ...... 32330 12 CFR appear in the Reader Aids section of the Federal Register. This Ch. LIX...... 31884 202...... 31451 information can be found online at http://www.regulations.gov. Ch. LXV ...... 31884 914...... 33121 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1235...... 33121 6 CFR longer appears in the Federal Register. This information can be 1732...... 33121 found online at http://bookstore.gpo.gov/. Proposed Rules: Proposed Rules: Ch. I ...... 32331 4...... 32332 FEDERAL REGISTER PAGES AND DATE, JUNE 5...... 34177, 34616 5...... 32332 7 CFR 7...... 32332 31451–31784...... 1 8...... 32332 31785–32064...... 2 51...... 31787 28...... 32332 32065–32312...... 3 201...... 31790 34...... 32332 32313–32850...... 6 210...... 34542 43...... 34010 32851–33120...... 7 215...... 34542 244...... 34010 33121–33612...... 8 220...... 34542 373...... 34010 33613–33966...... 9 225...... 34542 652...... 35138 33967–34142...... 10 226...... 34542 Ch. XVII ...... 31884 34143–34572...... 13 246...... 35095 1234...... 34010 34573–34844...... 14 457...... 32067 34845–35094...... 15 953...... 33967 13 CFR 35095–35300...... 16 985...... 33969 124...... 33980

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14 CFR 19 CFR III...... 34003 110...... 34197 1...... 34576 122...... 31823 V ...... 34003 165...... 31895 VI ...... 34003 Ch. II ...... 32330 23...... 33129 Proposed Rules: 25 ...... 31451, 31453, 31454, Ch. I ...... 32331 29 CFR 34 CFR 31456, 33129 27...... 33129 20 CFR 1910...... 33590 Ch. II ...... 32073 1915...... 33590 29...... 33129 222...... 31855 Proposed Rules: 1917...... 33590 33...... 33981 668...... 34386 Ch. III ...... 31892 1918...... 33590 39 ...... 31457, 31459, 31462, Ch. IV...... 34177 1919...... 33590 36 CFR 31465, 31796, 31798, 31800, Ch. V...... 34177 1926...... 33590 31803, 33982, 33984, 33986, Proposed Rules: Ch. VI...... 34177 1928...... 33590 33988, 33991 Ch. III ...... 32330 Ch. VII...... 34177 4001...... 34590 71 ...... 31821, 31822, 34576, Ch. IX...... 34177 4022...... 34590, 34847 37 CFR 35097 4044...... 34590, 34847 91...... 31823 21 CFR 201...... 32316 93...... 34576 Proposed Rules: 5...... 31468 Ch. II ...... 34177 38 CFR 95...... 33136 10...... 31468 Ch. IV...... 34177 97...... 35098, 35101 18...... 33999 14...... 31468 Ch. V...... 34177 121...... 35103 21...... 33999 19...... 31468 Ch. VII...... 34177 135...... 35103 Proposed Rules: 20...... 31468 1602...... 31892 417...... 33139 17...... 35162 21...... 31468 Ch. XXV...... 34177 Proposed Rules: 312...... 32863 2550...... 31544 39 ...... 31508, 32103, 33173, 314...... 31468 39 CFR 33176, 33658, 33660, 34011, 320...... 32863 30 CFR 111...... 34871 34014, 34625, 34918 350...... 31468 950...... 34816 40 CFR 71 ...... 31510, 32879, 34196, 516...... 31468 Proposed Rules: 34627 814...... 31468 Ch. I ...... 34177 52 ...... 31856, 31858, 32321, 139...... 32105 874...... 34845 33647, 33650, 33651, 34000, 217...... 31511 1310...... 31824 31 CFR 34608, 34872 241...... 31511 Proposed Rules: 10...... 32286 180 ...... 31471, 31479, 31485, 298...... 31511 Ch. I ...... 32330 545...... 31470 34877, 34883 382...... 32107 Ch. II ...... 34003 Proposed Rules: 268...... 34147 Ch. V...... 31884 573...... 32332 Ch. IX...... 34003 271...... 34147 300...... 32081 15 CFR 22 CFR 32 CFR Proposed Rules: 732...... 35276 62...... 33993 706...... 32865 52 ...... 31898, 31900, 32110, 738...... 35276 208...... 34143 Proposed Rules: 32113, 32333, 33181, 33662, 740...... 34577, 35276 210...... 34573 Ch. I ...... 32330 34020, 34021, 34630, 34935, 743...... 34577, 35276 Ch. V...... 32330 35167 24 CFR 774...... 34577, 35276 Ch. VI...... 32330 86...... 32886 Proposed Rules: Ch. VII...... 32330 174...... 33183 16 CFR Ch. I ...... 31884 Ch. XII...... 32330 180...... 33184, 34937 Ch. II ...... 31884 268...... 34200 259...... 31467 267...... 34010 33 CFR 271...... 34200 Proposed Rules: Ch. III ...... 31884 1...... 31831 300...... 32115 309...... 31513 Ch. IV...... 31884 27...... 31831 Ch. IV...... 34003 1460...... 33179 Ch. V...... 31884 96...... 31831 Ch. VII...... 32330 Ch. VI...... 31884 100...... 32313, 34606 41 CFR 17 CFR Ch. VIII...... 31884 101...... 31831 240...... 34300, 34579 Ch. IX...... 31884 107...... 31831 302-16...... 35110 249...... 34300 Ch. X...... 31884 115...... 31831 Proposed Rules: Proposed Rules: Ch. XII...... 31884 117 ...... 31831, 31838, 34848 Ch. 50 ...... 34177 1...... 32880, 33066 135...... 31831 Ch. 60 ...... 34177 25 CFR 5...... 33066 140...... 31831 Ch. 61 ...... 34177 7...... 33066 Proposed Rules: 148...... 31831 Ch. 101 ...... 32088 8...... 33066 Ch. I ...... 33180 150...... 31831 Ch. 102 ...... 32088 15...... 33066 Ch. III ...... 33181 151...... 31831 102-34...... 31545 18...... 33066 Ch. V...... 32330 160...... 31831 Ch. 105 ...... 32088 21...... 33066 161...... 31831 Ch. 128 ...... 34003 26 CFR 22 ...... 31518, 33818, 35141 162...... 31831 301-11...... 32340 36...... 33066 1...... 33994, 33997 164...... 31831 302-2...... 32340 41...... 33066 31...... 32864 165 ...... 31839, 31843, 31846, 302-3...... 32340 140...... 33066 Proposed Rules: 31848, 31851, 31853, 32069, 302-17...... 32340 145...... 33066 1 ...... 31543, 32880, 32882, 32071, 32313, 33151, 33154, 42 CFR 155...... 33066 34017, 34019 33155, 33157, 33639, 33641, 166...... 33066 31...... 32885 33643, 33646, 34145, 34852, 412...... 32085 190 ...... 31518, 33818, 35141 301...... 31543 34854, 34855, 34859, 34862, 434...... 32816 230...... 31518, 34920 34867, 34869, 35104, 35106 438...... 32816 232...... 33420 27 CFR 166...... 31831 447...... 32816 239...... 31518 Proposed Rules: 167...... 31831 Proposed Rules: 240 ...... 32880, 33420, 34920 Ch. II ...... 34003 169...... 31831 Ch. I ...... 32330 246...... 34010 175...... 33160 5...... 31546 249...... 33420 28 CFR 183...... 33160 84...... 33188 249b...... 33420 Proposed Rules: Proposed Rules: 401...... 33566 260...... 34920 Ch. I ...... 34003 Ch. I ...... 32331 412...... 34633

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413...... 34633 12...... 35173 Proposed Rules: 572...... 31860 414...... 31547, 32410 515...... 34945 Ch. 1...... 32133, 32330 Proposed Rules: 476...... 34633 2...... 32330 47 CFR 390...... 32906 Ch. V...... 32330 8...... 34634 391...... 34635 1...... 32866 9...... 34634 396...... 32906 44 CFR 17...... 31886 2...... 33653 Ch. XII...... 32331 64...... 34611 73...... 33656 21...... 31886 67...... 35111, 35119 80...... 33653 52...... 32330, 34634 Proposed Rules: 90...... 33653 54...... 32330 50 CFR Ch. I ...... 32331 Proposed Rules: 203...... 32846 17...... 31866, 33036 67...... 32896 4...... 33686 204...... 32846 217...... 34157 15...... 35176 252...... 32845, 32846 300...... 34890 45 CFR Ch. 5 ...... 32088 27...... 32901 600...... 34892 Ch. 16 ...... 31886 Proposed Rules: 73...... 32116 622...... 31874, 34892 Ch. II ...... 32330 Ch. 18 ...... 31884 74...... 35181 635...... 32086 Ch. III ...... 32330 Ch. 24 ...... 31884 76...... 32116 648 ...... 31491, 32873, 34903 Ch. IV...... 32330 78...... 35181 Ch. 28 ...... 34003 660...... 32876, 34910 Ch. V...... 34003 101...... 35181 Ch. 29 ...... 34177 Ch. VIII...... 31886 Ch. 61 ...... 32088 679...... 31881, 33171 Ch. X...... 32330 48 CFR Proposed Rules: Ch. XIII...... 32330 203...... 32840 49 CFR 17 ...... 31686, 31903, 31906, 211...... 33166 171...... 32867 31920, 32911, 33880, 33924 46 CFR 212...... 33170 177...... 32867 223...... 31556, 34023 45...... 32323 225...... 32841, 32843 192...... 35130 224...... 31556 Proposed Rules: 246...... 33166 195...... 35130 226...... 32026 Ch. I ...... 32331 252 ...... 32840, 32841, 33166 213...... 34890 648...... 34947 Ch. III ...... 32331 539...... 34886 383...... 32327 660...... 33189 10...... 35169 552...... 34886 390...... 32327 665...... 32929

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The text of laws is not H.R. 754/P.L. 112–18 enacted public laws. To published in the Federal Intelligence Authorization Act subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered for Fiscal Year 2011 (June 8, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2011; 125 Stat. 223) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List June 6, 2011 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO’s Federal Digital System specific inquiries sent to this available online at http:// (FDsys) at http://www.gpo.gov/ address. www.archives.gov/federal- fdsys. Some laws may not yet PENS is a free electronic mail register/laws. be available. notification service of newly

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