Vol. 76 Friday, No. 112 June 10, 2011

Pages 33967–34142

OFFICE OF THE FEDERAL REGISTER

VerDate Mar 15 2010 17:23 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\10JNWS.LOC 10JNWS emcdonald on DSK2BSOYB1PROD with NOTICES3 II Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents FEDERAL REGISTER WORKSHOP currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT authenticates the Federal Register as the official serial publication FOR: Any person who uses the Federal Register and Code of established under the Federal Register Act. Under 44 U.S.C. 1507, Federal Regulations. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. WHO: Sponsored by the Office of the Federal Register. It is also available online at no charge at www.fdsys.gov, a service WHAT: Free public briefings (approximately 3 hours) to present: of the U.S. Government Printing Office. 1. The regulatory process, with a focus on the Federal The online edition of the Federal Register is issued under the Register system and the public’s role in the develop- authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions ment of regulations. (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each 2. The relationship between the Federal Register and day the Federal Register is published and includes both text and Code of Federal Regulations. graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. 3. The important elements of typical Federal Register doc- Government Printing Office. Phone 202-512-1800 or 866-512-1800 uments. (toll free). E-mail, [email protected]. 4. An introduction to the finding aids of the FR/CFR sys- The annual subscription price for the Federal Register paper tem. edition is $749 plus postage, or $808, plus postage, for a combined WHY: To provide the public with access to information nec- Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal essary to research Federal agency regulations which di- Register including the Federal Register Index and LSA is $165, rectly affect them. There will be no discussion of spe- plus postage. Six month subscriptions are available for one-half cific agency regulations. the annual rate. The prevailing postal rates will be applied to llllllllllllllllll orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, WHEN: Tuesday, June 14, 2011 is based on the number of pages: $11 for an issue containing 9 a.m.–12:30 p.m. less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues WHERE: Office of the Federal Register of the microfiche edition may be purchased for $3 per copy, Conference Room, Suite 700 including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO 800 North Capitol Street, NW. Deposit Account, VISA, MasterCard, American Express, or Washington, DC 20002 Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- RESERVATIONS: (202) 741–6008 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 76 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Mar 15 2010 17:23 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\10JNWS.LOC 10JNWS emcdonald on DSK2BSOYB1PROD with NOTICES3 III

Contents Federal Register Vol. 76, No. 112

Friday, June 10, 2011

Agricultural Marketing Service See Patent and Trademark Office RULES Marketing Orders: Committee for Purchase From People Who Are Blind or Spearmint Oil Produced in the Far West, 33969–33970 Severely Disabled Suspension of Marketing Order Provisions: NOTICES Irish Potatoes Grown in Southeastern States, 33967– Procurement List; Additions and Deletions, 34063–34064 33969 Procurement List; Proposed Additions and Deletions, PROPOSED RULES 34064–34065 Dairy Product Mandatory Reporting, 34004–34007 NOTICES Commodity Futures Trading Commission U.S. Standards for Grades of Processed Raisins; NOTICES Withdrawal, 34031 Meetings; Sunshine Act, 34065

Agriculture Department Comptroller of the Currency See Agricultural Marketing Service PROPOSED RULES See Animal and Plant Health Inspection Service Credit Risk Retention, 34010–34011 See Food Safety and Inspection Service Defense Department See Forest Service See Army Department See Natural Resources Conservation Service See Navy Department See Rural Utilities Service Education Department Animal and Plant Health Inspection Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Commission on Accessible Instructional Submissions, and Approvals: Materials in Postsecondary Education for Students Animal Welfare, 34031–34032 with Disabilities, 34068–34069 Interstate Movement of Sheep and Goats, 34033–34034 National Board for Education Sciences, 34069–34070 Swine Health Protection, 34032–34033 Energy Department Army Department See Federal Energy Regulatory Commission NOTICES NOTICES Meetings: Meetings: Western Hemisphere Institute for Security Cooperation Secretary of Energy Advisory Board, Natural Gas Board of Visitors, 34066 Subcommittee, 34070–34071 Blind or Severely Disabled, Committee for Purchase From Environmental Protection Agency People Who Are RULES See Committee for Purchase From People Who Are Blind or Approval and Promulgation of Air Quality Implementation Severely Disabled Plans: Pennsylvania; Revisions to Requirements for Major Centers for Disease Control and Prevention Sources Locating in or Impacting a Nonattainment NOTICES Area in Allegheny County, 34000–34002 Statements of Organization, Functions, and Delegations of PROPOSED RULES Authority, 34075 Approval and Promulgation of Air Quality Implementation Plans: Centers for Medicare & Medicaid Services Pennsylvania; Control of Nitrogen Oxides Emissions from NOTICES Glass Melting Furnaces, 34021–34023 Agency Information Collection Activities; Proposals, Pennsylvania; Revisions to Requirements for Major Submissions, and Approvals, 34075–34077 Sources Locating in or Impacting a Nonattainment Area in Allegheny County, 34020–34021 Children and Families Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Weekly Receipt, 34072–34073 Submissions, and Approvals: Formative Data Collections for Informing Policy Research, Federal Aviation Administration 34078–34079 RULES Pre-testing of Evaluation Surveys, 34077–34078 Airworthiness Directives: Airbus Model A330–200 and –300 Series Airplanes, and Commerce Department Model A340–200 and –300 Series Airplanes, 33986– See Foreign-Trade Zones Board 33987 See International Trade Administration Boeing Co. Model 727, 727C, 727–100, 727–100C, 727– See National Oceanic and Atmospheric Administration 200, and 727–200F Series Airplanes, 33991–33993

VerDate Mar<15>2010 17:22 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\10JNCN.SGM 10JNCN emcdonald on DSK2BSOYB1PROD with NOTICES2 IV Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Contents

Boeing Co. Model 737–100, –200, –200C, –300, –400, and Meetings: –500 Series Airplanes, 33988–33990 Northeast Corridor Safety Committee; Postponement, Bombardier, Inc. Models CL–600–2C10; CL–600–2D15, 34139 and CL–600–2D24 Airplanes, 33982–33984 BRP–Powertrain GmbH & Co. KG Rotax 912 F3, 912 S2, Federal Reserve System 912 S3, 912 S4, 914 F2, 914 F3, and 914 F4 PROPOSED RULES Reciprocating Engines, 33984–33986 Credit Risk Retention, 34010–34011 Special Conditions: Pratt and Whitney Canada Model PW210S Turboshaft Fish and Wildlife Service Engine, 33981–33982 NOTICES PROPOSED RULES Endangered Species; Applications for Permit, 34095–34096 Airworthiness Directives: Bombardier, Inc. Model CL 215 1A10, CL 215 6B11 (CL Food and Drug Administration 215T Variant), and CL 215 6B11 (CL 415 Variant) NOTICES Airplanes, 34014–34017 Agency Information Collection Activities; Proposals, Viking Air Limited Model DHC–3 Airplanes, 34011– Submissions, and Approvals: 34014 Data to Support Communications Usability Testing, NOTICES 34083–34085 Meetings: Guidance for Industry on Citizen Petitions and Petitions Civil Supersonic Aircraft Panel Discussion, 34124 for Stay of Action, 34083 RTCA Program Management Committee, 34124 Institutional Review Boards, 34085 RTCA Special Committee 206: Aeronautical Information Regulations for In Vivo Radiopharmaceuticals Used for and Meteorological Data Link, 34123–34124 Diagnosis and Monitoring, 34079–34080 Passenger Facility Charge Approvals and Disapprovals, Requirements for Submission of Bioequivalence Data, 34124–34127 34081–34082 State Petitions for Exemption From Preemption, 34082– Federal Deposit Insurance Corporation 34083 PROPOSED RULES Temporary Marketing Permit Applications, 34080–34081 Credit Risk Retention, 34010–34011 Meetings: NOTICES Endocrinologic and Metabolic Drugs Advisory Updated Listing of Financial Institutions in Liquidation, Committee, 34085–34086 34073 Food Safety and Inspection Service Federal Election Commission RULES NOTICES Schedule of Operations Regulations; Amendments, 33974– Meetings; Sunshine Act, 34073–34074 33980 Federal Emergency Management Agency Foreign-Trade Zones Board NOTICES Emergencies and Related Determinations: NOTICES Louisiana, 34089 Reorganization Under Alternative Site Framework: Major Disaster Declarations: Foreign-Trade Zone 177, Evansville, IN, 34040 Missouri; Amendment No. 4, 34089 Forest Service Major Disasters and Related Determinations: NOTICES Missouri, 34090–34091 Meetings: North Dakota, 34089–34090 Shoshone Resource Advisory Committee, 34034 Federal Energy Regulatory Commission Newspapers Used for Publication of Legal Notices by the NOTICES Intermountain Region: Preliminary Permit Applications: Utah, Idaho, Nevada, and Wyoming, 34034–34036 Lock Hydro Friends Fund I, 34071–34072 Requests Under Blanket Authorizations: Health and Human Services Department Midwestern Gas Transmission Co., 34072 See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services Federal Housing Finance Agency See Children and Families Administration PROPOSED RULES See Food and Drug Administration Credit Risk Retention, 34010–34011 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Motor Carrier Safety Administration Administration NOTICES NOTICES Qualification of Drivers; Exemption Applications; Diabetes Advisory Council on Alzheimer’s Research, Care, and Mellitus, 34127–34133 Services; Establishment, Request for Nominations, Qualification of Drivers; Exemption Applications; Vision, 34074 34133–34138 Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 34074–34075 Federal Railroad Administration Requests for Information to Identify and Obtain Relevant NOTICES Information: Agency Information Collection Activities; Proposals, Public or Private Entities with Interest in Biovigilance; Submissions, and Approvals, 34138–34139 Extension, 34075

VerDate Mar<15>2010 17:22 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\10JNCN.SGM 10JNCN emcdonald on DSK2BSOYB1PROD with NOTICES2 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Contents V

Homeland Security Department International Trade Commission See Federal Emergency Management Agency NOTICES RULES Complaints, 34100–34101 Employment Authorization for Libyan F–1 Nonimmigrant Investigations: Students, 33970–33974 Hot-Rolled Flat-Rolled Carbon-Quality Steel Products NOTICES From Brazil, Japan, and Russia, 34101 Agency Information Collection Activities; Proposals, Terminations of Investigations: Submissions, and Approvals: Certain Integrated Circuits, Chipsets and Products Broad Stakeholder Survey, 34087–34088 Containing Same Including Televisions, Media Meetings: Players and Cameras, 34101–34102 Homeland Security Advisory Council, 34088

Housing and Urban Development Department Justice Department PROPOSED RULES PROPOSED RULES Credit Risk Retention, 34010–34011 Preliminary Plan for Retrospective Review Under E.O. NOTICES 13563, 34003 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Lodging Of Consent Decree Under The Clean Air Act, FHA Lender Approval, Annual Renewal, Periodic 34102 Updates and Noncompliance Reporting, 34091–34092 Land Survey Report/Multifamily Housing Development, 34093 Land Management Bureau Management Review for Multifamily Housing Projects, NOTICES 34091 Environmental Impact Statements; Availability, etc.: Model Manufactured Home Installation Program Rules Clark, Lincoln, and White Pine Counties Groundwater and Regulations, 34092–34093 Development Project, Nevada, 34097–34099 Office of Hospital Facilities Insured Mortgage Greater Natural Buttes Area Gas Development Project, Comprehensive Listing of Transactional Documents Uintah County, UT, 34096–34097 for Mortgagors, Mortgagees, Contractors and their South Gillette Area West Coal Creek Coal Lease-by- Agents, 34092 Application, Wyoming, 34096 Federal Property Suitable as Facilities to Assist Homeless, 34093–34095 Legal Services Corporation NOTICES Interior Department Budget Request for FY 2013, 34102–34103 See Fish and Wildlife Service See Land Management Bureau See National Park Service National Credit Union Administration NOTICES Internal Revenue Service Meetings; Sunshine Act, 34103 RULES Alternative Simplified Credit, 33994–33997 Requirements for Taxpayers Filing Form 5472, 33997– National Highway Traffic Safety Administration 33999 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Claims for Credit or Refund, 34017–34019 Submissions, and Approvals, 34139–34141 Requirements for Taxpayers Filing Form 5472, 34019– 34020 National Institutes of Health NOTICES International Trade Administration Meetings: NOTICES National Institute Of Allergy And Infectious Diseases, Clean Technologies Mission to India, 34041–34043 34086 Extension of the Time Limit for the Final Results of the National Institute Of Diabetes And Digestive And Kidney Antidumping Duty Administrative Reviews: Diseases, 34086 Wooden Bedroom Furniture from the People’s Republic of China, 34043 Extension of Time Limits for the Preliminary Results of National Oceanic and Atmospheric Administration Fifth Antidumping Duty Administrative Reviews: PROPOSED RULES Carbon and Certain Alloy Steel Wire Rod from Mexico, Endangered and Threatened Species: 34044 Protective Regulations for the Gulf of Maine Distinct Final Results of Antidumping Duty Administrative Population Segment of Atlantic Sturgeon, 34023– Reviews: 34030 Citric Acid and Certain Citrate Salts from Canada, 34044– NOTICES 34046 Applications: Non-Market Economy Antidumping Proceedings; Marine Mammals; File No. 16314, 34053–34054 Assessment of Antidumping Duties, 34046–34047 Marine Mammal Stock Assessment Reports; Availability, Preliminary Results of the First Administrative Review of 34054–34061 the Antidumping Duty Order: Meetings: Citric Acid and Certain Citrate Salts from the People’s Fisheries of the South Atlantic; Southeast Data, Republic of China, 34048–34053 Assessment, and Review, 34061–34062

VerDate Mar<15>2010 17:22 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\10JNCN.SGM 10JNCN emcdonald on DSK2BSOYB1PROD with NOTICES2 VI Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Contents

National Park Service Small Business Administration NOTICES RULES Meetings: Business Development Program Regulation Changes; Tribal National Park System Advisory Board; Teleconference, Consultation, 33980–33981 34099 NOTICES National Register of Historic Places: Actions Subject to Intergovernmental Review, 34119–34121 Pending Nominations and Related Actions, 34099–34100 Disaster Declarations: Alabama; Amendment 4, 34121 National Science Foundation Major Disaster Declarations: NOTICES Alabama; Amendment 8, 34121–34122 Meetings: Missouri; Amendment 1, 34121 President’s Committee on the National Medal of Science, Missouri; Amendment 3, 34122 34103 State Department Natural Resources Conservation Service RULES NOTICES Exchange Visitor Program, 33993–33994 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 34036 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Navy Department NEA/PI Online Performance Reporting System, 34122– NOTICES 34123 Environmental Impact Statements; Availability, etc.: Culturally Significant Objects Imported for Exhibition Renewal of the Naval Air Weapons Station China Lake Determinations: Public Land Withdrawal, California, 34066–34068 Lee Ufan; Marking Infinity, 34123 Government-Owned Inventions; Available for Licensing, Foreign Operations, and Related Programs Appropriations 34068 Act, 2010: Determination Related to Serbia, 34123 Nuclear Regulatory Commission PROPOSED RULES Substance Abuse and Mental Health Services Spent Nuclear Fuel Reprocessing Facilities, 34007–34009 Administration NOTICES Atomic Safety and Licensing Board Hearings: NOTICES AREVA Enrichment Services, LLC, 34103–34105 Mandatory Guidelines for Federal Workplace Drug Testing Decisions: Programs: FirstEnergy Nuclear Operating Co., 34105 Use of the Oral Fluid Specimen for Drug Testing, 34086– Exemptions: 34087 Carolina Power and Light Co., Brunswick Steam Electric Plant, Units 1 and 2, 34105–34108 Surface Transportation Board Patent and Trademark Office NOTICES NOTICES Abandonment and Discontinuance of Trackage Rights Agency Information Collection Activities; Proposals, Exemptions: Submissions, and Approvals: Union Pacific Railroad Co., Benton County, OR, 34141 Patent and Trademark Financial Transactions, 34062– 34063 Transportation Department See Federal Aviation Administration Personnel Management Office See Federal Motor Carrier Safety Administration NOTICES See Federal Railroad Administration Agency Information Collection Activities; Proposals, See National Highway Traffic Safety Administration Submissions, and Approvals: See Surface Transportation Board Alternative Annuity Election, 34108–34109 Representative Payee Survey, 34108 Treasury Department See Comptroller of the Currency Rural Utilities Service See Internal Revenue Service NOTICES NOTICES Grant Application Deadlines and Funding Levels, 34036– Agency Information Collection Activities; Proposals, 34040 Submissions, and Approvals, 34141–34142 Securities and Exchange Commission Veterans Affairs Department PROPOSED RULES RULES Credit Risk Retention, 34010–34011 Spouse and Surviving Spouse; Correction, 33999–34000 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34109–34111 Self-Regulatory Organizations; Proposed Rule Changes: Reader Aids Depository Trust Co., 34118–34119 Consult the Reader Aids section at the end of this page for Fixed Income Clearing Corp., 34111–34112 phone numbers, online resources, finding aids, reminders, NYSE Arca, Inc., 34112–34118 and notice of recently enacted public laws.

VerDate Mar<15>2010 17:22 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\10JNCN.SGM 10JNCN emcdonald on DSK2BSOYB1PROD with NOTICES2 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Contents VII

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

VerDate Mar<15>2010 17:22 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4748 Sfmt 4748 E:\FR\FM\10JNCN.SGM 10JNCN emcdonald on DSK2BSOYB1PROD with NOTICES2 VIII Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Contents

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.

2 CFR 38 CFR Proposed Rules: 18...... 33999 Ch. XXVII...... 34003 21...... 33999 5 CFR 40 CFR 52...... 34000 Proposed Rules: Ch. XXVIII...... 34003 Proposed Rules: Ch. IV...... 34003 7 CFR 52 (2 documents) ...... 34020, 953...... 33967 34021 985...... 33969 Proposed Rules: 41 CFR 1170...... 34004 Proposed Rules: 8 CFR Ch. 128 ...... 34003 214...... 33970 45 CFR Proposed Rules: Proposed Rules: Ch. V...... 34003 Ch. V...... 34003 9 CFR 48 CFR 307...... 33974 Proposed Rules: 381...... 33974 590...... 33974 Ch. 28 ...... 34003 10 CFR 50 CFR Proposed Rules: Proposed Rules: 50...... 34007 223...... 34023 12 CFR Proposed Rules: 43...... 34010 244...... 34010 373...... 34010 1234...... 34010 13 CFR 124...... 33980 14 CFR 33...... 33981 39 (5 documents) ...... 33982, 33984, 33986, 33988, 33991 Proposed Rules: 39 (2 documents) ...... 34011, 34014 17 CFR Proposed Rules: 246...... 34010 21 CFR Proposed Rules: Ch. II ...... 34003 22 CFR 62...... 33993 24 CFR Proposed Rules: 267...... 34010 26 CFR 1 (2 documents) ...... 33994, 33997 Proposed Rules: 1 (2 documents) ...... 34017, 34019 27 CFR Proposed Rules: Ch. II ...... 34003 28 CFR Proposed Rules: Ch. I ...... 34003 Ch. III ...... 34003 Ch. V...... 34003 Ch. VI...... 34003 31 CFR Proposed Rules: Ch. IX...... 34003

VerDate Mar 15 2010 17:24 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\10JNLS.LOC 10JNLS emcdonald on DSK2BSOYB1PROD with NOTICES5 33967

Rules and Regulations Federal Register Vol. 76, No. 112

Friday, June 10, 2011

This section of the FEDERAL REGISTER issue of the Federal Register and will be is afforded the opportunity for a hearing contains regulatory documents having general made available for public inspection in on the petition. After the hearing, USDA applicability and legal effect, most of which the Office of the Docket Clerk during would rule on the petition. The Act are keyed to and codified in the Code of regular business hours, or can be viewed provides that the district court of the Federal Regulations, which is published under at: http://www.regulations.gov. All United States in any district in which 50 titles pursuant to 44 U.S.C. 1510. comments submitted in response to this the handler is an inhabitant, or has his The Code of Federal Regulations is sold by rule will be included in the record and or her principal place of business, has the Superintendent of Documents. Prices of will be made available to the public. jurisdiction to review USDA’s ruling on new books are listed in the first FEDERAL Please be advised that the identity of the the petition, provided an action is filed REGISTER issue of each week. individuals or entities submitting the not later than 20 days after the date of comments will be made public on the the entry of the ruling. Internet at the address provided above. This rule suspends the order and all DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: provisions prescribed thereunder Dawana J. Clark, Marketing Specialist, Agricultural Marketing Service through March 1, 2014. The suspension or Kenneth G. Johnson, Regional includes, but is not limited to, grade, Manager, DC Marketing Field Office, 7 CFR Part 953 size, quality, assessment, reporting, and Marketing Order Administration inspection requirements. The [Doc. No. AMS–FV–11–0027; FV11–953–1 Branch, Fruit and Vegetable Programs, Committee believes advances in farming IR] AMS, USDA; Telephone: (301) 734– technology and production quality have 5243, Fax: (301) 734–5275, or E-mail: reduced the need for the order. When Irish Potatoes Grown in Southeastern [email protected] or considering the costs associated with States; Suspension of Marketing Order [email protected]. continuing the order, the Committee Provisions Small businesses may request agreed that the order should be information on complying with this AGENCY: suspended. The Committee met on Agricultural Marketing Service, regulation by contacting Laurel May, USDA. February 17, 2011, and unanimously Marketing Order Administration recommended suspending the order for ACTION: Interim rule with request for Branch, Fruit and Vegetable Programs, three years, through to March 1, 2014. comments. AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, The order was promulgated in 1948, SUMMARY: This rule suspends the DC 20250–0237; Telephone: (202) 720– and regulates the handling of Irish marketing order for Irish potatoes grown 2491, Fax: (202) 720–8938, or E-mail: potatoes grown in designated counties in Southeastern states (order), and the [email protected]. of Virginia and North Carolina. The rules and regulations implemented order has been used to provide the thereunder, through March 1, 2014. The SUPPLEMENTARY INFORMATION: This rule industry with grade, size, quality, and order regulates the handling of Irish is issued under Marketing Agreement inspection requirements. The order also potatoes grown in Southeastern states No. 104 and Marketing Order No. 953, authorizes reporting and recordkeeping and is administered locally by the both as amended (7 CFR part 953), functions required for the operation of Southeastern Potato Committee regulating the handling of Irish potatoes the order. The program is funded by (Committee). The Committee believes grown in Southeastern states, assessments imposed on handlers. hereinafter referred to as the ‘‘order.’’ advances in farming technology and Over the past several years, the The order is effective under the production quality have reduced the Southeastern potato industry has been Agricultural Marketing Agreement Act need for the order. When considering in decline, with acreage and production of 1937, as amended (7 U.S.C. 601–674), the costs associated with continuing the trending downward. Production has order, the Committee unanimously hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture fallen from an estimated 1,600,000 recommended that the order be hundredweight for the 1996–97 season, suspended. (USDA) is issuing this rule in conformance with Executive Order to a current estimate of 600,000 DATES: Effective June 13, 2011 through 12866. hundredweight for the 2010–11 season. March 1, 2014; comments received by This rule has been reviewed under In 1996, there were approximately 150 August 9, 2011 will be considered prior Executive Order 12988, Civil Justice growers and 60 handlers in the to adoption as a final rule. Reform. This rule is not intended to production area. Currently, there are ADDRESSES: Interested persons are have retroactive effect. approximately 20 growers and 10 invited to submit written comments The Act provides that administrative handlers covered in the production area. concerning this rule. Comments must be proceedings must be exhausted before The Committee met February 17, sent to the Docket Clerk, Marketing parties may file suit in court. Under 2011, to discuss the continued need for Order Administration Branch, Fruit and section 608c(15)(A) of the Act, any the order. During the discussion, several Vegetable Programs, AMS, USDA, 1400 handler subject to an order may file members mentioned that the order was Independence Avenue, SW., STOP with USDA a petition stating that the promulgated at a time when the 0237, Washington, DC 20250–0237; Fax: order, any provision of the order, or any industry was having an issue with the (202) 720–8938; or Internet: http:// obligation imposed in connection with quality of potatoes being produced. The www.regulations.gov. All comments the order is not in accordance with law purpose of the order was to establish should reference the document number and request a modification of the order standards to improve the quality of and the date and page number of this or to be exempted therefrom. A handler marketed product.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33968 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Since the implementation of the and regulations issued thereunder, do producers may be classified as small order, the quality of Southeastern not tend to effectuate the declared entities. potatoes has greatly improved. policy of the Act. This action suspends, This rule suspends the order and the Advances in farm machinery and through March 1, 2014, the provisions rules and regulations implemented improvements in the grading process of Federal Marketing Order No. 953, and thereunder through March 1, 2014. The have helped to ensure that only quality the rules and regulations issued Committee believes advances in farming product is being shipped to buyers. thereunder, including but not limited to: technology and production quality have Concerns the industry previously had Provisions of the order dealing with the reduced the need for the order. When prior to implementation of the order are establishment and the responsibilities of considering the costs associated with no longer an issue, and for the past the Committee; provisions of the order continuing the order, the Committee several years, some industry members dealing with expenses and the unanimously recommended that the have started questioning the continued collection of assessments; all rules and order be suspended. The Committee need for the order and its associated regulations; and, all information made this recommendation on February costs. collection and reporting requirements. 17, 2011. Authority for this action is At the meeting, members were provided in section 8c(16)(A) of the Act. informed that to maintain the order, the Initial Regulatory Flexibility Analysis Suspension of the order and its Committee would have to incur some Pursuant to requirements set forth in corresponding regulations relieves additional administrative expenses. To the Regulatory Flexibility Act (RFA) (5 handlers of quality, inspection, and cover these costs, the Committee would U.S.C. 601–612), the Agricultural assessment burdens during the need to increase the assessment rate. Marketing Service (AMS) has suspension period. Also, handler Committee members agreed that the considered the economic impact of this reports will not be required. industry would not support an action on small entities. Accordingly, Additionally, growers may be relieved assessment increase. AMS has prepared this initial regulatory of some costs, such as assessment In addition to the assessment costs, flexibility analysis. expenses, which are often passed onto comments were also made regarding the The purpose of the RFA is to fit them by handlers. Suspension of the order is therefore expected to reduce the cost of inspection required under the regulatory actions to the scale of order. It was stated that some industry regulatory burden on handlers and business subject to such actions in order members see the cost of mandatory growers of all sizes. that small businesses will not be unduly inspection as an unnecessary burden. The Committee considered or disproportionately burdened. Other Committee members expressed alternatives to this rule, including Marketing orders issued pursuant to the concern over whether inspection would maintaining the order or terminating it Act, and the rules issued thereunder, are still be available if the order was rather than suspending. Support was unique in that they are brought about suspended. This issue was resolved not shown for either of these options. through group action of essentially when members were assured that Therefore these alternatives were small entities acting on their own inspection would still be available for rejected. behalf. those who request it, regardless of the This rule will not impose any status of the order. There are approximately 10 handlers additional reporting or recordkeeping Based on discussion at the meeting, of Irish potatoes grown in Southeastern requirements on either small or large and on letters from growers who were states who are subject to regulation Southeastern potato handlers. As with not able to attend, changes in the under the order and approximately 20 all Federal marketing order programs, industry and industry practices have potato producers in the regulated area. reports and forms are periodically diminished the need for the order. Small agricultural service firms are reviewed to reduce information Further, there are concerns regarding defined by the Small Business requirements and duplication by the costs associated with maintaining Administration (SBA) as those having industry and public sector agencies. In the order, and no industry support for annual receipts of less than $7,000,000, addition, USDA has not identified any raising assessments to cover increasing and small agricultural producers are relevant Federal rules that duplicate, administrative costs. Therefore, the defined as those having annual receipts overlap or conflict with this rule. Committee unanimously recommended of less than $750,000 (13 CFR 121.201). AMS is committed to complying with suspending the order for three years, Using AMS Market News Service the E–Government Act, to promote the through to March 1, 2014. reported prices, the average f.o.b. price use of the Internet and other The Committee recommended for Southeastern potatoes for the 2010 information technologies to provide suspension of the order, not marketing season was around $20 per increased opportunities for citizen termination, to allow the industry an hundredweight. The Committee access to Government information and opportunity to review the effectiveness estimated production for the 2010–11 services, and for other purposes. of operating without order season at approximately 600,000 Further, the Committee’s meeting was requirements. If problems develop, hundredweight of potatoes. Based on widely publicized throughout the Committee members wanted the this information, average annual Southeastern potato industry and all industry to have the alternative of receipts for handlers would be less than interested persons were invited to reactivating the order. During the $7,000,000. Information provided by the attend the meeting and participate in suspension period, the industry will be National Agricultural Statistics Service Committee deliberations. Like all able to monitor the Southeastern potato indicates that the average producer Committee meetings, the February 17, industry to determine if quality issues price for Irish potatoes grown in North 2011 meeting was a public meeting and reoccur. A meeting will be held prior to Carolina and Virginia in 2010 was all entities, both large and small, were March 1, 2014, to review the state of the approximately $11.63 per able to express their views on this issue. industry and determine whether to hundredweight. Considering estimated Finally, interested persons are invited to continue the suspension, or to reactivate production, average producer revenue submit comments on this interim rule, or terminate the order. would be about $350,000 for the 2010– including the regulatory and It is hereby determined that Federal 11 season. Therefore, the majority of informational impacts of this action on Marketing Order No. 953, and the rules Southeastern potato handlers and small businesses.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33969

A small business guide on complying DEPARTMENT OF AGRICULTURE Nevada and Utah), hereinafter referred with fruit, vegetable, and specialty crop to as the ‘‘order.’’ The order is effective marketing agreements and orders may Agricultural Marketing Service under the Agricultural Marketing be viewed at: http://www.ams.usda.gov/ Agreement Act of 1937, as amended (7 MarketingOrdersSmallBusinessGuide. 7 CFR Part 985 U.S.C. 601–674), hereinafter referred to Any questions about the compliance [Docket Nos. AMS–FV–09–0082; FV10–985– as the ‘‘Act.’’ guide should be sent to Laurel May at 1A FIR] USDA is issuing this rule in the previously mentioned address in the conformance with Executive Order FOR FURTHER INFORMATION CONTACT Marketing Order Regulating the 12866. Salable quantities and allotment section. Handling of Spearmint Oil Produced in the Far West; Revision of the Salable percentages for Scotch and Native This rule invites comments on the Quantity and Allotment Percentage for spearmint oil for the 2010–2011 suspension of all provisions prescribed Class 3 (Native) Spearmint Oil for the marketing year were established in a under the marketing order for Irish 2010–2011 Marketing Year final rule published in the Federal potatoes grown in Southeastern states. Register on May 18, 2010 (75 FR 27631). Any comments received will be AGENCY: Agricultural Marketing Service, The rule set salable quantities of considered prior to finalization of this USDA. 566,962 pounds and 980,265 pounds, rule. ACTION: Affirmation of interim rule as and allotment percentages of 28 percent After consideration of all relevant final rule. and 43 percent, respectively, for Scotch material presented, including the and Native spearmint oil. The salable SUMMARY: The Department of quantities and allotment percentages Committee’s recommendation, and Agriculture (USDA) is adopting, as a other information, it is found that the were established prior to the start of the final rule, without change, an interim marketing year and were based on the order suspended by this interim rule, as rule that revised the quantity of Class 3 hereinafter set forth, does not tend to Committee’s projection of the supply (Native) spearmint oil that handlers may and demand for spearmint oil for the effectuate the declared policy of the Act. purchase from, or handle on behalf of, forthcoming year. Pursuant to 5 U.S.C. 553, it is also producers during the 2010–2011 Early in the 2010–2011 marketing found and determined upon good cause marketing year. The interim rule year, however, the spearmint industry that it is impracticable, unnecessary, increased the Native spearmint oil reported to the Committee that the real and contrary to the public interest to salable quantity from 980,220 pounds to demand for Native spearmint oil was give preliminary notice prior to putting 1,118,639 pounds, and the allotment greater than the level that was initially this rule into effect and that good cause percentage from 43 percent to 50 projected. The Committee subsequently exists for not postponing the effective percent. This change is expected to recommended revising the salable date of this rule until 30 days after balance the supply of Native spearmint quantity and allotment percentage for publication in the Federal Register oil produced in the Far West with Native spearmint to allow the market to because: (1) This action suspends the market needs and to promote market satisfy the increased demand. order and the rules and regulations stability. In an interim rule published in the thereunder; (2) this change will help the DATES: Effective June 13, 2011. Federal Register on January 25, 2011, Committee and industry avoid any FOR FURTHER INFORMATION CONTACT: and effective June 1, 2010, through May additional costs associated with the Barry Broadbent, Marketing Specialist 31, 2011, (76 FR 4204, Doc. No. AMS– order; (3) handlers are aware of this or Gary Olson, Regional Manager, FV–09–0082, FV10–985–1A IR), the action, which was unanimously Northwest Marketing Field Office, salable quantity and allotment recommended at a public meeting, and Marketing Order Administration percentage for Class 3 (Native) interested parties had an opportunity to Branch, Fruit and Vegetable Programs, spearmint oil for the 2010–2011 provide input; and (4) this rule provides AMS, USDA; Telephone: (503) 326– marketing year was increased 138,419 a 60-day comment period and any 2724, Fax: (503) 326–7440, or E-mail: pounds and 7 percent, respectively. The comments received will be considered [email protected] or aforementioned rule contains an prior to finalization of this rule. [email protected]. extensive discussion of the volume Small businesses may obtain regulation process. This final rule continues in effect the List of Subjects in 7 CFR Part 953 information on complying with this and action that revised the quantity of other marketing order regulations by Marketing agreements, Potatoes, Native spearmint oil that handlers may viewing a guide at the following Web Reporting and recordkeeping purchase from, or handle on behalf of, site: http://www.ams.usda.gov/ requirements. producers during the 2010–2011 MarketingOrdersSmallBusinessGuide; marketing year, which ends on May 31, or by contacting Laurel May, Marketing PART 953—[SUSPENDED] 2011. Therefore, the Native spearmint Order Administration Branch, Fruit and oil salable quantity of 1,118,639 pounds Vegetable Programs, AMS, USDA, 1400 ■ For the reasons set forth in the and the allotment percentage of 50 Independence Avenue, SW., STOP preamble, under the authority of 7 percent remains in effect through the 0237, Washington, DC 20250–0237; U.S.C. 601–674, 7 CFR part 953 is end of the 2010–2011 marketing year. suspended effective June 13, 2011 Telephone: (202) 720–2491, Fax: (202) through March 1, 2014. 720–8938, or E-mail: Final Regulatory Flexibility Analysis [email protected]. Pursuant to requirements set forth in Dated: June 6, 2011. SUPPLEMENTARY INFORMATION: This rule the Regulatory Flexibility Act (RFA), the Ellen King, is issued under Marketing Order No. Agricultural Marketing Service (AMS) Acting Administrator, Agricultural Marketing 985 (7 CFR part 985), as amended, has considered the economic impact of Service. regulating the handling of spearmint oil this action on small entities. [FR Doc. 2011–14431 Filed 6–9–11; 8:45 am] produced in the Far West (Washington, Accordingly, AMS has prepared this BILLING CODE 3410–02–P Idaho, Oregon, and designated parts of final regulatory flexibility analysis.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33970 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

The purpose of the RFA is to fit market their entire annual crop and do entities, both large and small, were able regulatory actions to the scale of not have the luxury of having other to express their views on this issue. business subject to such actions in order crops to cushion seasons with poor Comments on the interim rule were that small businesses will not be unduly spearmint oil returns. Conversely, large required to be received on or before or disproportionately burdened. diversified producers have the potential March 28, 2011. No comments were Marketing orders issued pursuant to the to endure one or more seasons of poor received. Therefore, for the reasons Act, and the rules issued thereunder, are spearmint oil markets because income given in the interim rule, we are unique in that they are brought about from alternate crops could support the adopting the interim rule as a final rule, through group action of essentially operation for a period of time. Being without change. To view the interim small entities acting on their own reasonably assured of a stable price and rule, go to: http://www.regulations.gov/ behalf. market provides small producing #!documentDetail;D=AMS-FV-09-0082- There are 8 spearmint oil handlers entities with the ability to maintain 0002. subject to regulation under the order, proper cash flow and to meet annual This action also affirms information and approximately 38 producers of expenses. Thus, the market and price contained in the interim rule concerning Scotch spearmint oil and approximately stability provided by the order Executive Orders 12866 and 12988, the 84 producers of Native spearmint oil in potentially benefit the small producer Paperwork Reduction Act (44 U.S.C. the regulated production area. Small more than such provisions benefit large Chapter 35), and the E-Gov Act (44 agricultural service firms are defined by producers. Even though a majority of U.S.C. 101). the Small Business Administration handlers and producers of spearmint oil After consideration of all relevant (SBA) (13 CFR 121.201) as those having may not be classified as small entities, material presented, it is found that annual receipts of less than $7,000,000, the volume control feature of this order finalizing the interim rule, without and small agricultural producers are has small entity orientation. change, as published in the Federal defined as those having annual receipts This rule continues in effect the Register (76 FR 4204, January 25, 2011) of less than $750,000. action that revised the quantity of will tend to effectuate the declared Based on the SBA’s definition of Native spearmint oil that handlers may policy of the Act. small entities, the Committee estimates purchase from, or handle on behalf of, that two of the eight handlers regulated producers during the 2010–2011 List of Subjects in 7 CFR Part 985 by the order could be considered small marketing year, which ends on May 31, Marketing agreements, Oils and fats, entities. Most of the handlers are large 2011. The Native spearmint oil salable Reporting and recordkeeping corporations involved in the quantity and allotment percentage is requirements, Spearmint oil. international trading of essential oils increased to 1,118,639 pounds and 50 and the products of essential oils. In percent, respectively, for the 2010–2011 PART 985—[AMENDED] addition, the Committee estimates that marketing year. 19 of the 38 Scotch spearmint oil The use of volume control regulation ■ Accordingly, the interim rule producers and 29 of the 84 Native allows the industry to fully supply amending 7 CFR part 985 that was spearmint oil producers could be spearmint oil markets while avoiding published at 76 FR 4204 on January 25, classified as small entities under the the negative consequences of over- 2011, is adopted as a final rule, without SBA definition. Thus, a majority of supplying these markets. Volume change. handlers and producers of Far West control is believed to have little or no spearmint oil may not be classified as effect on consumer prices of products [Note: The affected section of part 985 does not appear in the Code of Federal small entities. containing spearmint oil and likely does Regulations.] The Far West spearmint oil industry not result in fewer retail sales of such is characterized by producers whose products. The marketing order’s volume Dated: June 6, 2011. farming operations generally involve control provisions have been Ellen King, more than one commodity, and whose successfully implemented in the Acting Administrator,Agricultural Marketing income from farming operations is not domestic spearmint oil industry for Service. exclusively dependent on the nearly three decades and provide [FR Doc. 2011–14430 Filed 6–9–11; 8:45 am] production of spearmint oil. A typical benefits for producers, handlers, BILLING CODE 3410–02–P spearmint oil-producing operation has manufacturers, and consumers. enough acreage for rotation such that This rule will not impose any the total acreage required to produce the additional reporting or recordkeeping crop is about one-third spearmint and requirements on either small or large DEPARTMENT OF HOMELAND two-thirds rotational crops. Thus, the spearmint oil handlers. As with all SECURITY typical spearmint oil producer has to Federal marketing order programs, 8 CFR Part 214 have considerably more acreage than is reports and forms are periodically planted to spearmint during any given reviewed to reduce information [Docket No. ICEB–2011–0003] season. Crop rotation is an essential requirements and duplication by cultural practice in the production of industry and public sector agencies. In RIN 1653–ZA03 spearmint oil for weed, insect, and addition, USDA has not identified any disease control. To remain economically relevant Federal rules that duplicate, Employment Authorization for Libyan viable with the added costs associated overlap or conflict with this rule. F–1 Nonimmigrant Students with spearmint oil production, most Further, the Committee’s meeting was Experiencing Severe Economic spearmint oil-producing farms fall into widely publicized throughout the Hardship as a Direct Result of Civil the SBA category of large businesses. spearmint industry and all interested Unrest in Libya Since February 2011 Small spearmint oil producers persons were invited to attend the AGENCY: U.S. Immigration and Customs generally are not as extensively meeting and participate in Committee Enforcement; DHS. diversified as larger ones and as such deliberations. Like all Committee ACTION: Notice of suspension of are more at risk to market fluctuations. meetings, the November 19, 2010, applicability of certain requirements. Such small producers generally need to meeting was a public meeting and all

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33971

SUMMARY: This notice informs the public (SEVP) certified for enrollment for F–1 requirements to be able to continue their of the suspension of certain regulatory students; (2) are currently maintaining studies in the United States and meet requirements for F–1 nonimmigrant F–1 status; and (3) are experiencing basic living expenses. The suspension of students whose country of citizenship is severe economic hardship as a direct all commercial air travel to Libya, Libya and who are experiencing severe result of the civil unrest in Libya since violence and uncertainty at land economic hardship as a direct result of February 2011. borders, and an overall lack of security, the civil unrest in Libya since February This notice applies to both have made it unfeasible for students to 2011. The Department of Homeland undergraduate and graduate students, as safely return to Libya for the foreseeable Security (DHS) is taking action to well as elementary school, middle future. To ameliorate the hardship provide relief to these F–1 students so school, and high school students. The arising from the lack of financial they may obtain employment notice, however, applies differently to support and facilitate the students’ authorization, work an increased elementary school, middle school, and continued studies, DHS is suspending number of hours while school is in high school students, as discussed in the applicability of certain requirements session, and reduce their course load the question ‘‘Does this notice apply to governing on-campus and off-campus while continuing to maintain their F–1 elementary school, middle school, and employment. student status. F–1 students who are high school students in F–1 status?’’ F–1 students covered by this notice What is the minimum course load granted employment authorization by requirement set forth in this notice? means of this notice will be deemed to who transfer to other academic be engaged in a ‘‘full course of study’’ for institutions that are SEVP-certified for Undergraduate students who are the duration of their employment enrollment of F–1 students remain granted on-campus or off-campus authorization, provided that they satisfy eligible for the relief provided by means employment authorization under this the minimum course load requirement of this notice. notice must remain registered for a described in this notice. This Further, this notice regarding minimum of six semester/quarter hours suspension of certain regulatory employment authorization does not of instruction per academic term. requirements will automatically impact other eligibility requirements for Graduate-level F–1 students who are terminate on December 31, 2011, Federal Work-Study jobs. granted on-campus or off-campus without further notice. employment authorization under this How long will this notice remain in notice must remain registered for a DATES: This notice is effective June 10, effect? minimum of three semester/quarter 2011 and will remain in effect until This notice grants temporary relief hours of instruction per academic term. December 31, 2011. until December 31, 2011 to a specific See 8 CFR 214.2(f)(5)(v). In addition, FOR FURTHER INFORMATION CONTACT: group of F–1 students whose country of F–1 students (both undergraduate and Louis Farrell, Director, Student and citizenship is Libya. DHS will continue graduate) granted on-campus or off- Exchange Visitor Program; MS 5600, to monitor the situation in Libya. campus employment authorization U.S. Immigration and Customs Should the special provisions under this notice may count up to the Enforcement, 500 12th Street, SW., authorized by this notice need to be equivalent of one class or three credits Washington, DC 20536–5600; (703) 603– modified or extended, DHS will per session, term, semester, trimester, or 3400. This is not a toll-free number. announce such changes in the Federal quarter of online or distance education Program information can be found at Register. toward satisfying this minimum course http://www.ice.gov/sevis/. load requirement, unless the student’s Why is DHS taking this action? SUPPLEMENTARY INFORMATION: course of study is in a language study DHS is taking action to provide relief program. See 8 CFR 214.2(f)(6)(i)(G). What action is DHS taking under this to F–1 students whose country of Elementary school, middle school, and notice? citizenship is Libya and who are high school students must maintain The Secretary of Homeland Security experiencing severe economic hardship ‘‘class attendance for not less than the is exercising her authority under 8 CFR as a direct result of the civil unrest in minimum number of hours a week 214.2(f)(9) to temporarily suspend the Libya since February 2011. These prescribed by the school for normal applicability of certain requirements students may obtain employment progress toward graduation,’’ as required governing on-campus and off-campus authorization, work an increased under 8 CFR 214.2(f)(6)(i)(E). employment. F–1 students granted number of hours while school is in May Libyan F–1 students who already employment authorization by means of session, and reduce their course load have on-campus or off-campus this notice will be deemed to be engaged while continuing to maintain their F–1 employment authorization benefit from in a ‘‘full course of study’’ for the status. the suspension of regulatory duration of their employment Since the government crackdown of requirements under this notice? authorization if they satisfy the protests in the east of the country in minimum course load set forth in this February, there has been armed conflict Yes. Libyan F–1 students who already notice. See 8 CFR 214.2(f)(6)(i)(F). in Libya between loyalists of the current have on-campus or off-campus government led by Muammar Qadhafi employment authorization may benefit Who is covered by this notice? and opposition forces calling for his under this notice, which suspends This notice applies exclusively to F– departure. Approximately 2,000 F–1 regulatory requirements relating to the 1 students whose country of citizenship students whose country of citizenship is minimum course load requirement is Libya and who were lawfully present Libya are enrolled in schools in the under 8 CFR 214.2(f)(6)(i)(A) and (B) in the United States in F–1 United States. Given the current and the employment eligibility nonimmigrant status on February 1, conditions in Libya, affected F–1 requirements under 8 CFR 214.2(f)(9) as 2011 under section 101(a)(15)(F)(i) of students whose primary means of specified in this notice. Such Libyan the Immigration and Nationality Act financial support comes from the Libyan F–1 students may benefit without (INA), 8 U.S.C. 1101(a)(15)(F)(i) and (1) Government or family members in Libya having to apply for a new Form I–766, are enrolled in an institution that is may now need to be exempt from the Employment Authorization Document Student and Exchange Visitor Program normal student employment (EAD). To benefit from this notice, the

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33972 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

student must request that his or her 1101(a)(15)(F)(i) and (1) are enrolled in campus employment while school is in Designated School Official (DSO) enter an institution that is SEVP certified for session. With regard to off-campus the following statement in the remarks enrollment of F–1 students; (2) are employment, nothing in this notice field of the Student and Exchange currently maintaining F–1 status; and affects the applicability of federal and Visitor Information System (SEVIS) (3) are experiencing severe economic state labor laws limiting the student record, which will be reflected hardship as a direct result of the civil employment of minors. The suspension on the student’s Form I–20, Certificate unrest in Libya. F–1 students who do of certain regulatory requirements of Eligibility for Nonimmigrant (F–1) not meet these requirements do not related to employment through this Student Status: qualify for the suspension of the notice is applicable to all eligible F–1 applicability of the standard regulatory Approved for more than 20 hours per week students—regardless of educational requirements, even if they are of [DSO must insert ‘‘on-campus’’ or ‘‘off- level—as required by the regulations at ’’ experiencing severe economic hardship campus, depending upon the type of 8 CFR 214.2(f)(9)(i) and (f)(9)(ii). employment authorization the student as a direct result of the civil unrest in already has] employment authorization and Libya since February 2011. On-Campus Employment Authorization reduced course load under the Special Student Relief authorization from [DSO must Does this notice apply to an F–1 student Will F–1 students who are granted on- insert the beginning date of employment] who departs the United States after this campus employment authorization until [DSO must insert the student’s program notice is published in the Federal under this notice be authorized to work end date, December 31, 2011, or the current Register and who needs to obtain a new more than 20 hours per week while EAD expiration date (if the student is F–1 visa before he or she may return to school is in session? currently working off campus), whichever the United States to continue his or her date comes first]. educational programs? Yes. For F–1 students covered in this Must the F–1 student apply for Yes, provided that the DSO has notice, the Secretary is suspending the reinstatement after expiration of this properly notated the student’s SEVIS applicability of the requirement in 8 special employment authorization if the record, which will then appear on the CFR 214.2(f)(9)(i) that limits an F–1 student reduces his or her full course of student’s Form I–20. Subject to the student’s on-campus employment to 20 study? specific terms of this notice, the normal hours per week while school is in No. F–1 students who are granted rules for visa issuance (including those session. A student whose country of employment authorization under this related to public charge and citizenship is Libya and who is notice will be deemed to be engaged in nonimmigrant intent) remain applicable experiencing severe economic hardship a ‘‘full course of study’’ for the duration to nonimmigrants that need to apply for as result of civil unrest in Libya since of their employment authorization, a new F–1 visa in order to continue February 1, 2011 is authorized to work provided that qualifying undergraduate their educational programs in the more than 20 hours per week while United States. level F–1 students remain registered for school is in session if his or her DSO has a minimum of six semester/quarter Does this notice apply to elementary entered the following statement in the hours of instruction per academic term, school, middle school, and high school remarks field of the SEVIS student and qualifying graduate level F–1 students in F–1 status? record, which will be reflected on the students remain registered for a student’s Form I–20: minimum of three semester/quarter This notice does not reduce the hours of instruction per academic term. required course load for elementary Approved for more than 20 hours per week See 8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F). school, middle school, or high school of on-campus authorization and reduced Such students will not be required to students in F–1 status. Such students course load, under the Special Student Relief apply for reinstatement under 8 CFR must maintain the minimum number of authorization from [DSO must insert the 214.2(f)(16) if they are otherwise hours of class attendance per week beginning date of employment] until [DSO maintaining F–1 status. prescribed by the school for normal must insert the student’s program end date or progress toward graduation. See 8 CFR December 31, 2011, whichever date comes Will F–2 dependents (spouse or minor 214.2(f)(6)(i)(E). Eligible F–1 students first]. children) of F–1 students covered by from Libya enrolled in an elementary this notice be eligible to apply for school, middle school, or high school do To obtain on-campus employment employment authorization? benefit from the suspension of the authorization, the student must No. An F–2 spouse or minor child of requirement in 8 CFR 214.2(f)(9)(i) that demonstrate to his or her DSO that the an F–1 student is not authorized to work limits on-campus employment to 20 employment is necessary to avoid in the United States and, therefore, may hours per week while school is in severe economic hardship that is not accept employment under the F–2 session. DHS notes, however, that the directly resulting from the civil unrest status. See 8 CFR 214.2(f)(15)(i). suspension of this requirement is solely in Libya. A student authorized by his or for DHS purposes of determining valid her DSO to engage in on-campus Will the suspension of the applicability F–1 status. Nothing in this notice affects employment by means of this notice of the standard student employment the applicability of federal and state requirements apply to aliens who are does not need to make any filing with labor laws limiting the employment of U.S. Citizenship and Immigration granted an F–1 visa after this notice is minors. With regard to off-campus published in the Federal Register? Services (USCIS). The standard rules employment, elementary school, middle permitting fulltime work on-campus No. The suspension of the school, and high school students benefit when school is not in session or during from the suspension of the requirement applicability of the standard regulatory school vacations apply. See 8 CFR requirements only applies to those F–1 that a student must have been in F–1 214.2(f)(9)(i). students whose country of citizenship is status for one full academic year in Libya and who were lawfully present in order to be eligible for off-campus the United States in F–1 nonimmigrant employment and the requirement that status on February 1, 2011 under section limits a student’s work authorization to 101(a)(15)(F)(i) of the INA, 8 U.S.C. no more than 20 hours per week of off-

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33973

Will F–1 students who are granted on- minimum course load requirement date or December 31, 2011, whichever date campus employment authorization described in this notice. See 8 CFR comes first]. under this notice be authorized to 214.2(f)(6)(i)(F). However, the The student must then file the reduce their normal course load and authorization for reduced course load is properly endorsed Form I–20 and Form still maintain their F–1 nonimmigrant solely for DHS purposes of determining I–765, according to the instructions for status? valid F–1 status. Nothing in this notice the Form I–765. The student may begin Yes. F–1 students who are granted on- mandates that a school allow a student working off campus only upon receipt campus employment authorization to take reduced course load if such of the EAD from USCIS. under this notice will be deemed to be reduced course load would not meet the DSO recommendation. In making a engaged in a ‘‘full course of study’’ for school’s minimum course load recommendation that a student be 2 the purpose of maintaining their F–1 requirement. approved for Special Student Relief, the status for the duration of their on- How may Libyan F–1 students obtain DSO certifies that: (a) The student is in good academic campus employment if they satisfy the employment authorization for off- standing as determined by the DSO; minimum course load requirement campus employment with a reduced (b) The student is a citizen of Libya described in this notice. See 8 CFR course load under this notice? and is experiencing severe economic 214.2(f)(6)(i)(F). However, the F–1 students must file a Form I–765 hardship as a direct result of the civil authorization for reduced course load is Application for Employment unrest in Libya since February 1, 2011, solely for DHS purposes of determining Authorization with USCIS if they wish as documented on the Form I–20; valid F–1 status. Nothing in this notice to apply for off-campus employment (c) The student is carrying a full mandates that a school allow a student authorization based on severe economic course of study at the time of the request to take a reduced course load if the hardship resulting from the civil unrest for employment authorization; reduction would not meet the school’s in Libya since February 1, 2011. Filing (d) The student will be registered for minimum course load requirement for the duration of his or her authorized 1 instructions are located at: http:// continued enrollment. www.uscis.gov/i-765. employment for a minimum of six Off-Campus Employment Authorization Fee considerations. Submission of a semester or quarter hours of instruction Form I–765 currently requires payment per academic term if the student is at What regulatory requirements does this of a $340 fee. If the applicant is unable the undergraduate level, or for a notice temporarily suspend relating to to pay the fee, he or she must submit a minimum of three semester or quarter off-campus employment? written affidavit or unsworn declaration hours of instruction per academic term For F–1 students covered by this requesting a waiver of the fee and if the student is at the graduate level; notice, as provided under 8 CFR including the statement: ‘‘I declare and 214.2(f)(9)(ii)(A), the Secretary is under penalty of perjury that the (e) The off-campus employment is suspending the following regulatory foregoing is true and correct.’’ See http:// necessary to alleviate severe economic requirements relating to off-campus www.uscis.gov/feewaiver. The hardship to the individual caused by the employment: submission must include an explanation civil unrest in Libya since February 1, (a) The requirement that a student of why he or she should be granted the 2011. must have been in F–1 status for one fee waiver and the reasons for his or her Processing. To facilitate prompt full academic year in order to be eligible inability to pay. See 8 CFR 103.7(c). adjudication of the student’s application for off-campus employment; Supporting documentation. An F–1 for off-campus employment (b) The requirement that an F–1 student seeking off-campus employment authorization under 8 CFR student must demonstrate that authorization due to severe economic 214.2(f)(9)(ii)(C), the student should: acceptance of employment will not hardship must demonstrate to the DSO (a) Ensure that the application interfere with the student’s carrying a at the school where the F–1 student is package includes: (1) A completed Form full course of study; and enrolled that this employment is I–765; (2) the required fee or properly (c) The requirement that limits a necessary to avoid severe economic documented fee waiver request as student’s work authorization to no more hardship and that the hardship is defined in 8 CFR 103.7(c); and (3) a than 20 hours per week of off-campus resulting from the civil unrest in Libya signed and dated copy of the student’s employment while school is in session. since February 1, 2011. If the DSO Form I–20 with the appropriate DSO recommendation, as previously Will F–1 students who are granted off- agrees that the student should receive described in this notice; and campus employment authorization such employment authorization, he or (b) send the application in an under this notice be authorized to she must recommend application envelope which is clearly marked on the reduce their normal course load and approval to USCIS by entering the front of the envelope, bottom right-hand still maintain their F–1 nonimmigrant following statement in the remarks field side, with the phrase ‘‘SPECIAL status? of the student’s SEVIS record, which will then appear on the student’s Form STUDENT RELIEF.’’ Failure to include Yes. F–1 students who are granted I–20: this notation may result in significant employment authorization by means of processing delays. If USCIS approves this notice will be deemed to be engaged Recommended for off-campus employment authorization in excess of 20 hours per week the student’s Form I–765, the USCIS in a ‘‘full course of study’’ for purpose and reduced course load under the Special official will send the student a Form of maintaining their F–1 status for the Student Relief authorization from the date of I–766 EAD as evidence of his or her duration of their employment the USCIS authorization noted on Form I– employment authorization. The EAD authorization if they satisfy the 766 until [DSO must insert the program end will contain an expiration date that does not exceed the student’s program end 1 Minimum course load requirement for 2 Minimum course load requirement for date. enrollment in a school must be established in a enrollment in a school must be established in a publicly available document (e.g., catalog, Web site, publicly available document (e.g., catalog, Web site, Paperwork Reduction Act or operating procedure), and it must be a standard or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign applicable to all students (U.S. citizens and foreign An F–1 student seeking off-campus students) enrolled at the school. students) enrolled at the school. employment authorization due to severe

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33974 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

economic hardship must demonstrate to the meat, poultry products, and egg indispensable to a principal activity; the DSO at the school where he or she products regulations pertaining to the and (2) during a continuous workday, is enrolled that this employment is schedule of operations. FSIS is any walking time that occurs after the necessary to avoid severe economic amending these regulations to define the beginning of the employee’s first hardship. If the DSO agrees that the 8-hour work day as including time that principal activity and before the end of student should receive such inspection program personnel need to the employee’s last principal activity. employment authorization, he or she spend at the workplace donning and IBP, 546 U.S. at 37. The preamble to the must recommend application approval doffing required gear, time spent proposed rule also briefly addressed to USCIS by entering information in the walking to their workstations after OPM’s treatment of the de minimis remarks field of the student’s SEVIS donning required gear, and time spent exception, codified at 5 CFR 551.412(a), record. The authority to collect this walking from their work stations prior and an OPM letter to the National information is currently contained in to doffing required gear. Treasury Employees Union discussing the SEVIS collection of information DATES: Effective July 11, 2011. that regulation. Finally, the preamble to currently approved by OMB under OMB the proposed rule described a settlement FOR FURTHER INFORMATION CONTACT: Control Number 1653–0038. Daniel L. Engeljohn, Assistant reached between FSIS and the National This notice also allows F–1 students Joint Council of Food Inspectors Administrator, Office of Policy and whose country of citizenship is Libya regarding inspector compensation for Program Development, FSIS, U.S. and who are experiencing severe donning and doffing activities. Department of Agriculture, 1400 economic hardship as a direct result of Independence Avenue, SW., Comments and FSIS Responses civil unrest in Libya since February 1, Washington, DC 20250–3700, telephone: 2011, to obtain employment FSIS received 20 comments on the (202) 205–0495. authorization, work an increased proposed rule from the public, industry, number of hours while school is in SUPPLEMENTARY INFORMATION: and trade organizations. FSIS also session, and reduce their course load, Background received a letter concerning the while continuing to maintain their F–1 proposal from the Department of Labor. The Federal Meat Inspection Act student status. Commenters generally supported that To apply for work authorization an (FMIA), 21 U.S.C. 601 et seq., and the FSIS inspection program personnel F–1 student must complete and submit Poultry Products Inspection Act (PPIA), should be fully compensated for work. currently approved Form I–765 21 U.S.C. 451 et seq., provide for However, commenters had varying according to the instructions on the mandatory Federal inspection of opinions regarding the Agency’s form. The authority to collect the livestock and poultry slaughtered at interpretation of IBP, the distinction information contained on the current official establishments and of meat and between unique and non-unique gear, Form I–765 has previously been poultry products processed at official and application of the de minimis rule; approved by the Office of Management establishments. The Egg Products and questions about how FSIS will and Budget under the Paperwork Inspection Act (EPIA), 21 U.S.C. 1031 et implement the rule. Reduction Act (PRA) (OMB Control No. seq., provides for mandatory inspection of egg products processed at official Unique Versus Non-Unique Gear and 1615–0040). Although there will be a the Application of De Minimis slight increase in the number of Form plants. FSIS bears the cost of mandatory I–765 filings because of this notice, the inspection provided during non- Several comments addressed the number of filings currently contained in overtime and non-holiday hours of Agency’s treatment of IBP, Inc. v. the OMB annual inventory for Form operation. Official establishments and Alvarez, 546 U.S. 21 (2005), as it relates I–765 is sufficient to cover the egg products plants pay for inspection to the distinction between unique and additional filings. Accordingly, there is services performed on holidays or on an non-unique gear and application of the no further action required under the overtime basis. de minimis rule. The two comments PRA. On August 9, 2010, FSIS proposed to discussed in detail below were amend its regulations pertaining to the reflective of all comments related to this Janet Napolitano, schedule of operations. FSIS proposed topic. ‘‘Unique’’ gear refers to items that Secretary. to define the 8-hour work day as are unique to the jobs at issue, such as [FR Doc. 2011–14482 Filed 6–9–11; 8:45 am] including time that inspection program cut-resistant gloves and chain link metal BILLING CODE P personnel need to spend at the aprons in livestock slaughter workplace donning and doffing required establishments. ‘‘Non-unique’’ gear gear, time spent walking to their refers to generic items, such as hardhats, DEPARTMENT OF AGRICULTURE workstations after donning required and hairnets, worn in all slaughter and gear, and time spent walking from their processing establishments. Food Safety and Inspection Service work stations prior to doffing required The first comment, submitted by the gear. As explained in the preamble to Department of Labor (DOL), argued that 9 CFR Parts 307, 381, and 590 the proposed rule, FSIS proposed the whether gear worn by employees is amendments to administer its unique or non-unique is irrelevant to [Docket No. FSIS–2010–0014] inspection program in accord with the whether donning and doffing the gear is RIN [0583–AD35] Supreme Court’s holding in IBP, Inc. v. a principal, compensable activity. DOL Alvarez, 546 U.S. 21 (2005), and policy stated that the preamble to the proposed Changes to the Schedule of guidance from the Office of Personnel rule incorrectly implied that IBP only Operations Regulations Management (OPM). dealt with unique protective gear. AGENCY: Food Safety and Inspection Specifically, the preamble to the Rather, DOL stated that the two lower Service, USDA. proposed rule explained that this court cases that were consolidated by ACTION: Final rule. regulatory change is necessary in light the Supreme Court in IBP in fact dealt of the Supreme Court’s ruling that the with both unique and non-unique gear, SUMMARY: The Food Safety and Fair Labor Standards Act (FLSA) covers and that the Supreme Court treated all Inspection Service (FSIS) is amending (1) any activity that is integral and items interchangeably, without regard to

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33975

weight or uniqueness, declaring that compensated under Federal law. The involved unique or non-unique gear, but both lower court cases involved first is: Are inspection program upon the relationship of the pre-shift required protective gear that the lower personnel donning and doffing activities and post-shift activity in question (i.e., courts found integral and indispensable integral and indispensable to their donning and doffing the work clothes) to the employees’ work. Next, DOL principal activity, and therefore covered to the principal productive activity pointed out that the Supreme Court in under the FLSA? The second is: If the performed by the employees (i.e., IBP also cited approvingly to an older donning and doffing activities are making batteries). Because of the toxic Supreme Court decision, Steiner v. covered under the FLSA, are they nature of making batteries, the plant Mitchell, 350 U.S. 247 (1956), in which nevertheless noncompensable because owners provided employees with old the court held that changing into and they are de minimis? For the reasons but clean work clothes to change into out of old work clothes at a battery plant described below, FSIS has determined and out of before and after their shift. In was an integral and indispensable part that (1) inspection program personnel doing so, the plant owners were able to of the workers’ principal activities, and donning and doffing activities are ‘‘make their plant as safe a place as [was] therefore compensable. DOL argued that covered by the FLSA; and (2) they are possible under the circumstances and the old work clothes in Steiner clearly not de minimis to the extent that FSIS thereby increase the efficiency of its qualify as non-unique gear. can reasonably account for them. operation.’’ Id. at 249–51. On the other hand, a comment 1. FSIS has determined that the FLSA In Alvarez, the Ninth Circuit ruled submitted by an industry trade covers time inspectors spend donning that, in light of Steiner, the donning and organization argued that the time and doffing both unique and non- doffing of both unique and non-unique associated with donning and doffing unique gear which they are directed by gear by meat slaughter and processing non-unique gear is noncompensable FSIS or an establishment to don and plant employees was integral and because it is de minimis as a matter of doff at the workplace in order to provide indispensable to their principal law. The trade organization stated that inspection services. activities of slaughtering and processing in IBP, the Supreme Court did not hold The Portal-to-Portal Act excludes beef and therefore was not excluded that the donning and doffing of non- from FLSA coverage time spent walking from FLSA coverage by the Portal-to- unique gear by on-line inspectors in to and from the actual place of Portal Act. Alvarez, 339 F.3d at 903. The poultry establishments is a compensable performance of the principal activity of Ninth Circuit based this conclusion on activity. The trade organization stated an employee, and activities that are the finding that the donning and doffing that the question of what constitutes ‘‘preliminary or postliminary’’ to that activities in question were necessary to integral and indispensable activity was principal activity. 29 U.S.C. 254(a). In the principal work done by the not addressed by the Supreme Court in IBP, the Supreme Court clarified the employees (i.e., slaughtering and that case. The trade organization stated scope of what the Portal-to-Portal Act processing beef) and done for the benefit that IBP only addressed whether excludes from FLSA coverage, holding: of the employer. Id. at 902–03. However, walking time associated with donning (1) Any activity that is integral and the Ninth Circuit ruled that since the and doffing integral and indispensable indispensable to a principal activity is time it takes to perform the donning and gear is compensable. The trade itself a principal activity and therefore doffing of this non-unique gear is de organization stated that the proposed outside the scope of the Portal-to-Portal minimis, therefore, it could not justify rule incorrectly assumed that gear for Act, and thus covered by the FLSA; and compensation for the time on these both poultry and livestock inspection (2) during a continuous workday, any tasks. Id. At 904. program personnel is integral and walking time that occurs after the As the comment from the industry indispensable but that court precedent beginning of the employee’s first trade organization pointed out, the has not established that to be the case. principal activity and before the end of Supreme Court was not asked to review The trade organization stated that, to the the employee’s last principal activity is the Ninth Circuit’s holding that donning contrary, before IBP reached the also outside the scope of the Portal-to- and doffing were integral and Supreme Court, the 9th Circuit Portal Act and thus covered by the indispensable to the principal activities expressly concluded in Alvarez v. IBP, FLSA. IBP, 546 U.S. at 37. of the meat slaughter and processing Inc., 339 F.3d 894 (9th Cir. 2003), that Accordingly, if donning and doffing is plant employees. However, the Supreme donning and doffing time is integral and indispensable to inspectors’ Court did consider the Ninth Circuit’s compensable except for time associated principal work activity, then it must related holding that during a continuous with the donning and doffing of generic also be considered a principal activity workday, time spent by employees protective gear, such as the hardhats covered by the FLSA. The classification walking to their workstation after and safety goggles worn in the poultry of gear as unique or non-unique has no donning their required gear was not industry, because the time it takes to bearing on whether the donning and excluded from the FLSA coverage by the don and doff such generic gear is de doffing of such gear at the workplace is Portal-to-Portal Act. IBP, 546 U.S. at 32. minimis as a matter of law. The trade an integral and indispensable activity. The Supreme Court’s affirmation of the organization stated that the Agency’s For example, in Steiner, the Supreme Ninth Circuit’s holding with respect to proposed rule ignores the de minimis Court considered whether changing into walking to and from production areas rule set forth by the Supreme Court in and out of old work clothes at a battery was premised on the correctness of the Anderson v. Mt. Clemens Pottery Co., plant was an integral and indispensable Ninth Circuit’s holding that the donning 328 U.S. 680 (1946), and OPM’s rule part of the employees’ principal activity in question was indeed an integral and dealing with the de minimis rule as of making batteries. 350 U.S. at 256. indispensable activity marking the applied to Federal employees, 5 CFR Although there was arguably nothing beginning of the continuous workday. 551.412(a)(1). unique about the old work clothes at See Perez v. Montaire Farms, Inc., 601 Response: issue in Steiner, the Court held that the F.Supp.2d 670, 676 (D. Md. 2009). The comments described above employees’ donning and doffing activity As was the case with the gear address two distinct concepts that must was integral and indispensable to their considered in Steiner and IBP, sanitary be considered in turn to determine principal activity. Id. The Court’s and protective gear that FSIS inspectors whether inspection program personnel analysis in that case hinged not upon are directed by FSIS or an establishment donning and doffing activities must be whether the donning and doffing to don and doff at the workplace in

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33976 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

order to provide inspection services is minimis activities, and OPM’s that inspection program personnel must directly related to the principal activity regulation limiting application of the de spend a total of 9 minutes per day which they are employed to perform. minimis exception in the Federal sector conducting FLSA-covered donning, The principal productive activity of to periods of 10 minutes per day or less, doffing, and walking activities, then the FSIS inspectors is to provide inspection FSIS disagrees with the trade establishment can adjust its slaughter services at meat, poultry and egg organization comment. inspection operations accordingly. If it products establishments. The purpose of Whether pre-shift and post-shift chooses to conduct slaughter operations food inspection is to advance FSIS’s activity can be considered de minimis for a full eight hours, it will incur mission of protecting the health and requires a fact-specific inquiry. overtime costs because FSIS will have welfare of consumers by verifying that Although, ‘‘[a]s a general rule, provided more than 8 hours of food products are wholesome and not employees cannot recover for otherwise inspection services. adulterated. Inspection program compensable time if it is de minimis,’’ In order to inform slaughter personnel don sanitary gear (e.g., Lindow v. United States, 738 F.2d 1057, establishments how much donning and hairnets, frocks, or smocks), if required 1062 (9th Cir. 1984), FSIS has doffing time to account for as part of by the establishment, and protective determined that for inspection program their regular eight hours of inspection gear required by FSIS, as discussed in personnel, time spent donning and services, FSIS will need to determine in this Final rule under the heading doffing is not de minimis. advance of implementing this rule how ‘‘Establishment Specific Application of The Supreme Court has reasoned that much time it actually takes for the Rule and What Does FSIS Mean by overtime compensation for ‘‘a few inspection program personnel to Required Gear’’ before providing seconds or minutes’’ is de minimis ‘‘in conduct FLSA-covered donning, inspection services, and doff it light of the realities of the industrial doffing, and walking activities at each afterwards. To minimize the risk of food world.’’ Anderson, 328 U.S. at 692: see individual slaughter establishment.1 contamination during inspection and to also Lindow, 738 F.2d at 1062. Lindow, Because donning and doffing activities ensure that inspection program one of the most frequently cited cases do not typically change from day to day personnel are protected from injury and on the question of determining whether at a given establishment, FSIS has may continue to fulfill their duties time spent in pre-shift and post-shift determined that it is administratively safely and without interruption. The activity is de minimis, describes three practical to accurately assess the donning and doffing of sanitary and factors to be considered: (1) The amount of time inspectors spend in protective gear by inspection program practical administrative difficulty of those activities each day at each personnel is, therefore, necessary to the recording the additional time; (2) the establishment, to inform slaughter provision of proper inspection services. aggregate amount of compensable time; establishments how much inspection This is equally true of unique and non- and (3) the regularity of the additional time will be used for those activities in unique gear. Accordingly, FSIS finds work. Id. at 1063; see also Bobo v. each respective establishment, and to that all gear that inspection program United States, 136 F.3d 1465, 1468 ensure that inspection program personnel are directed by FSIS or an (Fed.Cir. 1998) (citing approvingly to personnel have the correct amount of establishment to don and doff at the Lindow). In light of these three factors, time to conduct those activities each workplace in order to provide FSIS has determined that, in most cases, day. inspection services is integral and the time inspection program personnel The second de minimis factor, the indispensable to the performance of are directed to spend at the workplace aggregate amount of compensable time, their principal activities. donning and doffing required gear, and also weighs in favor of a finding that Because inspection program walking to their workstation after inspection program personnel donning personnel’s donning and doffing donning and before doffing, is not de and doffing time is not de minimis. activities are integral and indispensable minimis. Inspection program personnel donning to inspection program personnel’s The first factor, the practical and doffing takes place every day, often principal activities, under the Supreme administrative difficulty of recording for several minutes per day. In aggregate Court’s ruling in IBP, those donning and the additional time for payroll purposes, over time, this results in a substantial doffing activities are themselves merits some discussion. FSIS bills amount of compensable time. principal activities and are therefore federally inspected establishments for The third de minimis factor, the covered by the FLSA. See IBP, 546 U.S. inspection services provided in excess regularity of the additional work, at 37. Additionally, during a continuous of eight hours per shift. At slaughter weighs in favor of the same conclusion workday, if the donning and doffing are establishments, carcasses are not because donning and doffing of ‘‘principal activities,’’ post-donning and permitted to begin passing the post- generally the same gear occurs at the pre-doffing walk time is also covered by mortem inspection station on the beginning and the end of every work the FLSA. Id.; See 29 CFR 790.6. evisceration line until an FSIS on-line day, generally for the same amount of 2. Although inspection program inspector is at his or her post-mortem time each day. Accordingly, FSIS finds personnel’s donning and doffing inspection station, ready to conduct that for inspection program personnel, activities are covered by the FLSA, such carcass-by-carcass inspection. But activities might still be deemed inspectors must don and doff their 1 However, it should be noted that FSIS does not noncompensable if they fall under the required gear before they begin on-line intend to use this advance estimate of donning, doffing and walking time at each establishment for de minimis exception. The comment carcass inspection. As a result, slaughter payroll purposes, but only for scheduling and submitted by the trade organization establishments must know in advance of billing purposes. FSIS intends to use the time argued that donning and doffing time at planning their schedule of operations studies only to provide advance notice of the poultry slaughter establishments is how much of their eight hours of free duration and costs to each establishment of these principal activities. However, FSIS employees will never compensable because the donning inspection services will be used for be paid based on the time it actually takes them and doffing of non-unique gear, such as inspection program personnel donning each day to perform these activities. FSIS that worn by inspectors at poultry and doffing activities. For example, if a anticipates that this time will be recorded on the slaughter establishments, is always de poultry slaughter establishment does time and attendance sheet that each inspector fills out. The actual time worked may or may not minimis. In light of the prevailing case not wish to pay for overtime inspection include overtime, depending on how the law defining what constitutes de services, and the establishment knows establishment schedules the work.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33977

time they spend on donning and doffing Response establishments. Also, FSIS is aware that activities is not de minimis. Because inspection program inspectors may don and doff some The trade organization also argued personnel donning and doffing are equipment unique to a specific that the donning and doffing of non- principal activities, they will be treated establishment. However, there is unique gear is always noncompensable in the same manner as other inspection equipment that FSIS requires all of its on-line personnel to wear in meat in light of an OPM regulation addressing services. Thus, the new rule specifies slaughter operations and poultry the de minimis doctrine in the context that the regular workweek, which slaughter operations. The following is of Federal employees. See 5 CFR consists of five 8-hour days of the specific gear FSIS requires its 551.412(a)(1). Under that regulation, scheduled inspection service provided ‘‘OPM limits the application of the de employees to wear: without charge, will include donning • Hard Hats—FSIS Directive 4791.1, minimis doctrine to periods of 10 and doffing activities. Establishments Revision 2, Amendment 2 (5/15/02), the minutes or less per day.’’ Bull v. United must therefore understand that the Basic Occupational Health and Safety States, 68 Fed.Cl. 212, 226 (2005) (citing 8-hours per scheduled shift of Program, requires hard hats to be worn. 5 CFR 551.412(a)(1); see also Riggs v. inspection service which they are • Hearing Protection—FSIS Directive U.S., 21 Cl.Ct. 664, 683 (1990) (holding provided without charge must include 4791.1, Revision 2, Amendment 2 (5/15/ that OPM’s 10 minute threshold for time the time inspection program personnel 02), the Basic Occupational Health and spent in pre-shift and post-shift need for FLSA-covered donning and Safety Program, requires hearing activities is a proper application of the doffing activities. At establishments protection. de minimis rule to the FLSA and the where donning and doffing activities • Cut Resistant and Cover Gloves— Portal-to-Portal Act). must occur before and after the FSIS Directive 4791.1, Revision 2, Specifically, OPM’s rule directs: ‘‘If an commencement of on-line, carcass and Amendment 2 (5/15/02), the Basic agency reasonably determines that a parts inspection, FSIS will ensure that Occupational Health and Safety preparatory or concluding activity is establishments know how much time Program, requires Cut-Resistant Gloves. closely related to an employee’s inspection program personnel donning • Slaughter Equipment—Knives, principal activities, and is indispensable and doffing activities take so that those hook, steel, and scabbard. This to the performance of the principal establishments may plan their regular equipment is required to perform activities, and that the total time spent operating schedules accordingly. If postmortem inspection procedures as in that activity is more than 10 minutes establishments require more than 8 outlined in FSIS Directive 6100.2 per workday, the agency shall credit all hours of inspection service, they must Postmortem Livestock Inspection of the time spent in that activity, request overtime inspection service as (9/17/07). Chapter II (pages 5–16) of this including the 10 minutes, as hours of provided in 9 CFR 307.4(d)(3), 9 CFR directive outlines the required work.’’ 5 CFR 551.412(a)(1). 381.37(d)(3), and 9 CFR 590.126. inspection procedures for all species of livestock. The trade organization argued that Establishment Specific Application of In response to the comment about under the OPM rule, preparatory and the Rule and What Does FSIS Mean by required gear, FSIS has determined that concluding activities such as inspection Required Gear the FLSA covers time inspectors spend program personnel donning and doffing Some industry commenters expressed donning and doffing required gear are only compensable when the total concern that FSIS would impose a ‘‘one- which they are directed by FSIS or an time spent in such activities is more size-fits-all’’ approach to implementing establishment (e.g., hairnets, frocks, or than 10 minutes per workday. To the this regulation by requiring each smocks) to don and doff at the contrary, as the court explained in Bull, establishment to schedule the same workplace in order to provide OPM’s regulation provides an upper amount of time for donning and doffing inspection services. limit to the amount of time that a activities. The commenters contended Although FSIS requires inspection Federal agency may consider that each establishment is different, and program personnel to wear skid- noncompensable under the de minimis that the required donning, doffing and resistant footwear, FSIS allows them to exception, directing that if FLSA- walking time should reflect the realities don and doff this footwear at home. covered activity exceeds 10 minutes per of each individual establishment. The Accordingly, time spent donning and work day, the agency must compensate commenters also requested that FSIS doffing required skid-resistant footwear its employees for that activity. The rule explain what the phrase ‘‘required gear’’ is generally not compensable. However, forecloses the possibility of a Federal is intended to include. if an individual establishment requires agency finding that an FLSA-covered Response inspection program personnel to don preparatory or concluding activity and doff footwear at the establishment, which exceeds 10 minutes per day is de FSIS agrees that actual donning, then that time would be compensable. minimis. However, based on the three doffing, and walking time will vary in Donning and doffing activities also factor test discussed above, FSIS has each establishment depending on plant- include time to retrieve, clean, and store determined that for inspection program specific variables. The Agency does not equipment to maintain sanitary personnel, most time spent on donning intend to use a one-size-fits-all approach conditions. Such activities were and doffing activity is not de minimis, to implement this rule. Some industry calculated and included as part of the so OPM’s regulation limiting commenters misunderstood the time study mentioned in the economic application of the de minimis doctrine proposed rule to state that each analysis for the proposed rule. The letter is generally not applicable. establishment must provide 15 minutes from DOL also made specific reference How FSIS Will Apply the Rule to Daily for donning, doffing, and walking time. to the need to compensate for the time Operations This figure was only used in the context to conduct such activities. of estimating the cost to industry that Also, FSIS employees are entitled to Several commenters sought may result from this rule. their entire lunch period. Donning and clarification regarding how application FSIS agrees with the commenters that doffing activities, as well as walk time, of this rule might affect establishment post-donning and pre-doffing walk time are outside of the lunch period. The operating schedules. can vary significantly among donning and doffing activity can differ

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33978 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

around the lunch period based on Response Change to the Regulatory Language several factors including the amount of As a preliminary matter, compensable The letter that FSIS received from equipment (helmet, ear protection, etc.) donning, doffing, and walking time will DOL stated that the proposed regulation the inspectors remove before their lunch not necessarily be overtime. Consistent would define the proposed 8-hour period. Some equipment is removed with current regulations, overtime will workday as including ‘‘the necessary based on personal comfort, and some only be charged for time inspection time for FSIS inspection program equipment is removed because of plant program personnel work in excess of personnel to put on required gear and requirements. For this reason, the eight hours per workday. If an walk to a work station and the necessary Agency determined that the most establishment’s schedule of operations time for FSIS inspection program practical and reasonable approach to calls for less than eight hours of on-line personnel to return from a work station assessing donning and doffing time inspection time, then any compensable and remove required gear. * * *’’ DOL surrounding the lunch period is to donning, doffing, and walking time may requested that the word necessary be assume that the inspector will remove still fit within the normal 8-hour eliminated from the final regulation all personal protective equipment before workday. In that case, no overtime because it could be read to suggest taking his or her lunch period and will charges would result. something less than the actual time don all equipment after the lunch On the other hand, if the total taken while performing such tasks. period before resuming on-line workday, including on-line inspection inspection duties. Therefore, donning time and compensable donning, doffing, Response and doffing around the lunch period and walking time, exceeds eight hours FSIS agrees with DOL that the actual will be factored into the time per workday, then all time in excess of time spent donning and doffing and the measurement discussed below. eight hours will be charged as overtime associated walk times are inspection After publication of this rule, FSIS as set forth in 9 CFR 307.6. This activities that fall into the 8-hour will measure the amount of time it takes regulation establishes that for billing workday. FSIS will know how much for on-line inspection program purposes, eight or more minutes shall be donning and doffing and walk time personnel to don and doff all required considered a full quarter hour. Also, the there is at each establishment as gear (including before and after the National Finance Center, which is discussed above. FSIS believes this lunch period), walk to and from their tasked with processing our bill approach will ensure that FSIS workstation, and retrieve, clean, and documents, can only bill in 15 minute employees are fully compensated as store equipment to maintain sanitary increments. required by the FLSA. Therefore, to conditions at each affected meat and more accurately reflect that donning, poultry slaughter establishment. This FSIS Employees to Whom the doffing, and walk time are part of the cumulative total will give each plant the Regulation Applies inspector’s 8-hour workday, FSIS has specific donning, doffing, walking time, FSIS received comments from Federal eliminated the word necessary from the retrieving, cleaning, and storage time veterinarians stating that the proposed final version of the regulation. measurement needed, so that they can rule concerning donning and doffing is account for it in their daily schedule of too limited because it does not include The Final Rule all personnel that must be prepared and operations or as overtime. See footnote Consistent with the proposed rule, on the line when operations start, in 1 for the explanation that this time will FSIS is amending 9 CFR 307.4(c), particular Public Health Veterinarians not be used for payroll purposes. For 381.37(c), and 590.124 to provide that and Supervisory Public Health administrative and scheduling the eight hours of inspection service Veterinarians. purposes, the time will be rounded up includes the time for inspection or down to the next whole minute. If an Response program personnel to put on required establishment has a concern about the gear and walk to a work station and the outcome of the time measurements in its The new regulations include donning, doffing, and walking time as activities time for inspection program personnel facility it can appeal as set out in FSIS’s to return from a work station and regulations. that are within an FSIS inspection personnel’s 8-hour work-day. This remove required gear. Any time over Making Facilities Changes To Shorten would apply to any FSIS inspection those eight hours is overtime charged to Donning, Doffing, and Walking Time program personnel, including FSIS an establishment. The only change, as Commenters also asked if it would be veterinarians, who are required to don discussed above, is to remove the word possible to make changes at their and doff and be at an inspection station necessary from the regulatory language. establishment to reduce donning, on the line at the start of a shift. In For egg product plants, FSIS’s doffing, and walk time. general, FSIS Veterinarians, off-line regulations at 9 CFR 590.124 define the inspectors, supervisory consumer safety normal operating schedule as consisting Response inspectors, inspectors in processing of a continuous 8-hour period per day Establishments may make facilities facilities, and inspectors working in egg (excluding not to exceed 1 hour for adjustments to reduce donning, doffing, product plants are not required to be at lunch) 5 consecutive days per week. and walk times, provided such changes an inspection workstation at start of or FSIS does not believe additional time do not affect the sanitary conditions in at the end of a shift. Note that for for donning and doffing will typically the establishment or impede inspection. inspectors who are required to come in be necessary for inspection program early, such as for pre-operational personnel in egg product plants because Overtime Charges inspection, their donning, doffing, and inspection program personnel at those Several commenters stated that FSIS walking time must also be accounted plants do not need to be at a required should not charge for overtime in 15 for. station for operations to begin. To minute increments but only bill Therefore, this regulatory change has ensure compliance with the applicable establishments for the actual time no impact on their working conditions, law and OPM guidance, however, the inspectors at the establishment take to unless they have to perform on-line Agency is proposing to amend 9 CFR don, doff, and walk to and from their duties in order for the establishment’s 590.124 to define the 8-hour work day work station. line to start operating. as including the time for inspection

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33979

program personnel to put on required shift time will decrease production and inspection work station. Furthermore, gear and walk to a work station and the revenue while idling existing capacity. very-small slaughter establishments time for inspection program personnel The actual time FSIS inspection typically will not be affected by this rule to return from a work station and program personnel will take to don and because of the nature of how slaughter remove required gear. The Agency doff required gear will vary in each meat is conducted in very-small anticipates that this change is likely to and poultry slaughter establishment establishments. Many of the inspectors have little application to the work of the depending on plant-specific variables. at such establishments are on patrol Agency’s egg product inspection In response to comments on the assignments, inspectors typically drive program personnel. proposed rule, FSIS has decided, as up to the establishment, go into the discussed above, that it will measure the establishment and simply put on their Executive Order 12866 and the amount of time it takes for inspection frock. Regulatory Flexibility Act program personnel to don and doff all The most recent Agency data shows This rule was reviewed by the Office required gear, walk to and from their that there are 1,041 meat and poultry of Management and Budget under workstation, and retrieve, clean, and slaughter establishments, of which 263 Executive Order 12866 and was store equipment to maintain sanitary are small and 566 are very small (by determined to be significant. conditions. See footnote 1 for the Small Business Administration size explanation that this time will not be standards.) Cost to the Industry used for payroll purposes. For the purpose of its analysis, FSIS FSIS started by calculating the The FSIS cost estimate in this final number of inspection program rule remains similar to that of the is using 15 minutes for donning, doffing, and walking time at all meat personnel that this proposed rule will proposed rule, but has been updated to and poultry slaughter establishments as affect. Agency data show that there are reflect final FSIS overtime rates for FY a reasonably conservative estimate for 2,911 inspection program personnel in 2011 and FY 2012. both poultry and livestock inspectors. the poultry and meat slaughter Under this final rule, the most direct The overtime fee that the Agency establishments—1,954 in poultry and cost to the industry will be the overtime charges for 15 minutes is $16.88 and 957 in meat. Assuming all the fee that the Agency will need to charge $17.16 for FY 2011 and 2012, establishments pay the 15-minute establishments for the time inspection respectively.2 These costs are far less overtime charge per inspection program program personnel spend donning than the value of the poultry or personnel, and that the establishments required gear, walking to a work station, livestock an establishment can slaughter operate 260 days (5 days a week times returning from a work station, and in 15 minutes per line. 52 weeks), the annual cost for one on- doffing required gear. If meat and FSIS calculated these costs for the line inspector will be about $4,389 at poultry slaughter establishments want meat and poultry slaughter the FY 2011 rate. The total cost to the to maintain their normal shift length of establishments because carcasses are not industry will be about $12.8 million and operating for eight hours, they will permitted to begin passing the post- $13.0 million in FY 2011 and 2012, incur some overtime fees. The choice is mortem inspection station on the respectively (see Table 1). Given that the voluntary. Some meat and poultry evisceration line until an FSIS on-line annual revenue of the meat slaughtering slaughter establishments may choose inspector is at his or her post-mortem industry alone in 2009 is about $67.2 not to incur the overtime charges if they inspection station, ready to conduct billion,3 the overtime cost to the expect that the decline in revenues from carcass and parts inspection. industry is insignificant. If we operating for a shorter amount of time This regulatory change should not breakdown the cost for FY 2011 by will be smaller than the overtime fee impact the schedule of operations for establishment size, based on the cost. However, the Agency expects that meat and poultry processing numbers of inspectors for each SBA size most large meat and poultry slaughter establishments and egg product plants category, it will be $10.6 million for the establishments will choose to pay the because those establishments can begin large establishments, $2.1 million for overtime charge and maintain their operations without FSIS inspection the small and $0.066 million for the current shift-time, as shortening the program personnel being at an on-line very small establishments.4

TABLE 1—ESTIMATED ANNUAL COST OF THE OVERTIME CHARGE TO THE INDUSTRY

Number of in- Annual cost spection program Overtime fee Daily cost Number of days (Daily × Number personnel (15 min.) of Days)

FY 2011 ...... 2,911 $16.88 $49,138 260 $12,775,797 FY 2012 ...... 2,911 17.16 49,953 260 12,987,718

Cost to the Consumer demand for meat and poultry products. billion pounds,5 the increased cost per However, given that the total volume of pound due to the overtime fee will be The industry is likely to pass the meat and poultry slaughtered under only $0.0001, on average. increased costs on to consumers because Federal inspection in 2009 was about 91 of the inelastic nature of the consumer

2 FSIS Final Rule of New Formula for Calculating Relations US, LLC. http://www.htrends.com/report- 5 Livestock, Dairy, & Poultry Outlook/LDP–M– the Basetime, Overtime, Holiday, and Laboratory 2700858–Animal_except_Poultry_Slaughtering_ 188/February 24, 2010; Economic Research Service, Rates; Rate Changes Based on the Formulas; and Industry_in_the_U_S_and_its_ USDA. The Web-link to the report is http:// Increased Fees for the Accredited Laboratory International_Trade_Edition.html, as of 7/16/2010. www.ers.usda.gov/Publications/ldp/2010/02Feb/ Program. 4 Among the 2,911 inspectors, 2,416 are for the ldpm188.pdf. 3 Summary of the Animal (except Poultry) large establishments, 480 are for the small Slaughtering Industry in the U.S. and its establishments, and 15 are for the very small International Trade [2010 edition,] Supplier establishments.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33980 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Benefit of the Rule http://www.fsis.usda.gov/ ■ 4. In § 381.37(c), revise the second _ _ _ This rule will ensure compliance with news and events/email subscription/. sentence to read as follows: Options range from recalls to export the law and the best use of Agency § 381.37 Schedule of operations. resources. information to regulations, directives and notices. Customers can add or * * * * * Regulatory Flexibility Analysis delete subscriptions themselves, and (c) * * * The basic workweek shall The FSIS Administrator has made a have the option to password protect consist of 5 consecutive 8-hour days determination that this final rule will their accounts. within the administrative workweek Sunday through Saturday, and shall not have a significant impact on a List of Subjects substantial number of small entities, as include the time for FSIS inspection defined by the Regulatory Flexibility 9 CFR Part 307 program personnel to put on required gear and to walk to a work station, and Act (5 U.S.C. 601). There are 263 small Facilities for inspection. and 566 very small meat and poultry the time for FSIS inspection program slaughter establishments. Based on the 9 CFR Part 381 personnel to return from a work station data and information contained in the and remove required gear, excluding the Poultry products inspection lunch period; except that, when cost to industry section of this rule, the regulations. fee is, at most, $4,389 per year for one possible, the Department shall schedule on-line inspector for an extra 15 9 CFR Part 590 the basic workweek so as to consist of minutes (FY 2011 rate). The time 5 consecutive 8-hour days Monday Inspection of eggs and egg products through Friday, and shall include the required for donning and doffing for (egg products inspection act). small and very small establishments is time for FSIS inspection program likely much less than 15 minutes. For the reasons discussed in the personnel to put on required gear and to Furthermore, almost all the very-small preamble, FSIS is amending 9 CFR walk to a work station, and the time for establishments will not be affected by Chapter III as follows: FSIS inspection program personnel this rule because they are on a patrol return from a work station and remove assignment. Therefore, the impact will PART 307—FACILITIES FOR required gear, excluding the lunch not be significant. INSPECTION period. * * * * * * * * Paperwork Reduction Act ■ 1. The authority citation for part 307 This final rule has been reviewed continues to read as follows: PART 590—INSPECTION OF EGGS under the Paperwork Reduction Act and Authority: 7 U.S.C. 394; 21 U.S.C. 601– AND EGG PRODUCTS (EGG imposes no new paperwork or 695; 7 CFR 2.17, 2.55. PRODUCTS INSPECTION ACT) recordkeeping requirements. ■ 2. In § 307.4(c), revise the second ■ 5. The authority citation for part 590 Additional Public Notification sentence to read as follows: continues to read as follows: Authority: 21 U.S.C. 1031–1056. Public awareness of all segments of § 307.4 Schedule of operations. rulemaking and policy development is § 590.124 [Amended] important. Consequently, in an effort to * * * * * ensure that minorities, women, and (c) * * * The basic workweek shall ■ 6. In § 590.124, in the second persons with disabilities are aware of consist of 5 consecutive 8-hour days sentence, after the word ‘‘day’’, add the this final rule, FSIS will announce it on- within the administrative workweek phrase ‘‘and shall include the time for line through the FSIS Web page located Sunday through Saturday, and shall FSIS inspection program personnel to at http://www.fsis.usda.gov/ include the time for FSIS inspection put on required gear and to walk to a Regulations_&_Policies/2010_Final program personnel to put on required work station, and the time for FSIS _Rules_Index/index.asp. FSIS will also gear and to walk to a work station, and inspection program personnel to return make copies of this Federal Register the time for FSIS inspection program from a work station and remove publication available through the FSIS personnel to return from a work station required gear’’. Constituent Update, which is used to and remove required gear, excluding the Done at Washington, DC, on: June 7, 2011. lunch period; except that, when provide information regarding FSIS Alfred V. Almanza, possible, the Department shall schedule policies, procedures, regulations, Administrator. Federal Register notices, FSIS public the basic workweek so as to consist of [FR Doc. 2011–14442 Filed 6–9–11; 8:45 am] meetings, and other types of information 5 consecutive 8-hour days Monday that could affect or will be of interest to through Friday, and shall include the BILLING CODE 3410–DM–P constituents and stakeholders. The time for FSIS inspection program Update is communicated via Listserv, a personnel to put on required gear and to free electronic mail subscription service walk to a work station, and the time for SMALL BUSINESS ADMINISTRATION FSIS inspection program personnel to for industry, trade groups, consumer 13 CFR Part 124 interest groups, health professionals, return from a work station and remove and other individuals who have asked required gear, excluding the lunch [Docket No. SBA–2011–0013] to be included. The Update is also period. * * * 8(a) Business Development Program available on the FSIS Web page. * * * * * Through the Listserv and Web page, Regulation Changes; Tribal FSIS is able to provide information to a PART 381—POULTRY PRODUCTS Consultation much broader and more diverse INSPECTION REGULATIONS AGENCY: U.S. Small Business audience. In addition, FSIS offers an e- Administration (SBA). ■ 3. The authority citation for part 381 mail subscription service which ACTION: Notice; correction. provides automatic and customized continues to read as follows: access to selected food safety news and Authority: 7 U.S.C. 138f, 450; 21 U.S.C. SUMMARY: The Small Business information. This service is available at 451–470; 7 CFR 2.7, 2.18, 2.53. Administration (SBA) published a

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33981

document in the Federal Register on DATES: The effective date of these part 33, Amendments 1–24 inclusive, do Friday, May 13, 2011, concerning 8(a) special conditions is July 11, 2011. not contain adequate or appropriate Business Development Program FOR FURTHER INFORMATION CONTACT: For safety standards for the model PW210 Regulation Changes; Tribal technical questions concerning this rule turboshaft engine, because of a novel or Consultation. SBA announced holding contact Marc Bouthillier, ANE–111, unusual rating. Therefore, special tribal consultation meetings to discuss Engine and Propeller Directorate, conditions are prescribed under the the recent changes to the 8(a) BD Aircraft Certification Service, 12 New provisions of 14 CFR 11.19 and 14 CFR program regulations, specifically to take England Executive Park, Burlington, 21.16. comments on the mandatory reporting Massachusetts 01803–5299; telephone The FAA issues special conditions, as of community benefits provision (781) 238–7120; facsimile (781) 238– defined by 14 CFR 11.19, in accordance scheduled to take effect on September 9, 7199; e-mail [email protected]. with 14 CFR 11.38, which become part 2011. For legal questions concerning this rule of the type certification basis in FOR FURTHER INFORMATION CONTACT: contact Vincent Bennett, ANE–7 Engine accordance with § 21.17(b)(2). LaTanya Wright, Senior Advisor, Office and Propeller Directorate, Aircraft Special conditions are initially of Business Development, 409 Third Certification Service, 12 New England applicable to the model for which they Street, SW., Washington, DC 20416, at Executive Park, Burlington, are issued. Should the type certificate (202) 205–5852, Fax (202) 205–6139, or Massachusetts 01803–5299; telephone for that model be amended later to e-mail: [email protected]. (781) 238–7044; facsimile (781) 238– include another related model that incorporates the same or similar novel SUPPLEMENTARY INFORMATION: 7055; e-mail [email protected]. or unusual design feature, or should any SUPPLEMENTARY INFORMATION: Correction other model already included on the In the Federal Register of May 13, Background same type certificate be modified to incorporate the same or similar novel or 2011, in FR Doc. 2011–11172, on page On December 5, 2005, PWC applied unusual design feature, the special 27859, in the third column, correct item for type certification for a new model conditions would also apply to the other 2 in the ADDRESSES section to read: PW210S turboshaft engine. This engine model. 2. The Anchorage Tribal Consultation consists of a two stage compressor address is the Anchorage Marriott driven by a single stage uncooled Novel or Unusual Design Features Downtown, 820 West 7th Avenue, turbine, and a two stage free power The PWC PW210S turbo shaft engine Anchorage, AK 99501. turbine driving a two stage reduction will incorporate a novel or unusual Dated: June 1, 2011. gearbox. The control system includes a design feature which is engine operation LeAnn C. Delaney, dual channel full authority digital in auxiliary power unit (APU) mode. Acting Associate Administrator for Business electronic control. This design feature is considered to be Development. The engine will incorporate a novel or novel and unusual relative to the part 33 [FR Doc. 2011–14156 Filed 6–9–11; 8:45 am] unusual design feature, which is engine airworthiness standards. operation in auxiliary power unit (APU) BILLING CODE 8025–01–P mode. Discussion of Comments The applicable airworthiness Notice of proposed special conditions, standards do not contain adequate or DEPARTMENT OF TRANSPORTATION Notice No. 33–10–01–SC for the appropriate airworthiness standards to PW210S engine model was published Federal Aviation Administration address this design feature. on February 14, 2011 (76 FR 8321). One These special conditions contain the comment letter was received. 14 CFR Part 33 additional airworthiness standards The commenter stated that the part 1 necessary to establish a level of safety definition included in the special [Docket No. NE130; Special Conditions No. equivalent to the level that would result condition may not be necessary, or may 33–008–SCI] from compliance with the applicable require clarification. The FAA does not agree. The definition is necessary to Special Conditions: Pratt and Whitney standards of airworthiness in effect on explain the engine function to which Canada Model PW210S Turboshaft the date of application. these special conditions apply, and the Engine Type Certification Basis term is used within the rule itself. AGENCY: Federal Aviation Under the provisions of 14 CFR However, to improve clarity, each of the Administration (FAA), DOT. 21.17(a) and 21.101(a), PWC must show special condition subsections now ACTION: Final special conditions. that the model PW210S turboshaft includes a reference to APU mode engine meets the provisions of the operation. SUMMARY: These special conditions are applicable regulations in effect on the The commenter stated that the 400 issued for Pratt and Whitney Canada date of application, unless otherwise cycle dynamic braking test is (PWC) model PW210S engines. The specified by the FAA. The application inappropriate for this engine engine model will have a novel or date is December 5, 2005, which certification program, that engine unusual design feature which is engine corresponds to 14 CFR part 33 dynamics will be difficult to simulate in operation in auxiliary power unit (APU) Amendment 20. However, PWC has a test stand, and that an engine test of mode. The applicable airworthiness elected to demonstrate compliance to this type would be better addressed as regulations do not contain adequate or later amendments of part 33 for this part of part 29 rotorcraft certification appropriate safety standards for this model. Therefore, the certification basis testing. The FAA does not agree. This design feature. These special conditions for the PW210S model turboshaft engine test is the same as conducted for contain the added safety standards that will be part 33, effective February 1, turbopropeller engines under § 33.96 the Administrator considers necessary 1965, amended by Amendments 33–1 and is applicable to turboshaft engines to establish a level of safety equivalent through 33–24. as well. We do not believe it is to that established by the existing The FAA has determined that the impractical to reasonably simulate the airworthiness standards. applicable airworthiness regulations in braking action input into the engine

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33982 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

type design, and that the effects of The Special Conditions Issued in Burlington, Massachusetts, on dynamic braking need to be May 25, 2011. demonstrated on the complete engine Accordingly, the Federal Aviation Colleen M. D’Alessandro, prior to issuing a type certificate. Lastly, Administration (FAA) issues the Acting Assistant Manager, Engine and a need for installation limitations or following special conditions as part of Propeller Directorate, Aircraft Certification special instructions for continued the type certification basis for the PWC Service. airworthiness requirements could be PW210S turbo shaft engine. [FR Doc. 2011–14113 Filed 6–9–11; 8:45 am] identified based on the results from this 1. PART 1 DEFINITION. Unless BILLING CODE P test, making it impractical to wait for otherwise approved by the part 29 certification testing. Administrator and documented in the DEPARTMENT OF TRANSPORTATION The commenter stated that the locked appropriate manuals and certification rotor portion of the special condition documents, the following definition Federal Aviation Administration tests needs to be conducted on a single applies to this special condition: engine, but the dynamic requirements ‘‘Auxiliary Power Unit Mode’’—Engine 14 CFR Part 39 can be addressed separately. The FAA operation with the main output shaft concurs in part. We have concluded that and power turbine locked and [Docket No. FAA–2011–0159; Directorate an engine test is required to demonstrate Identifier 2010–NM–246–AD; Amendment stationary, while the gas generator 39–16713; AD 2011–12–06] the complete engine response to portion of the engine continues to dynamic braking, however we do agree operate, for the purpose of supplying RIN 2120–AA64 that the two elements of required testing the rotorcraft with electric/hydraulic/ (locked rotor and dynamic) can be pneumatic power (as applicable) while Airworthiness Directives; Bombardier, conducted on separate test engines. The Inc. Model CL–600–2C10 (Regional Jet on the ground. FAA has therefore revised paragraph (d) Series 700, 701, & 702), Model CL–600– to eliminate the reference to paragraph 2. PART 33 ENGINE TEST 2D15 (Regional Jet Series 705), and (b) (400 cycle dynamic braking test), and REQUIREMENTS: Model CL–600–2D24 (Regional Jet therefore allows separate engine tests at (a) Ground locking: A total of 45 Series 900) Airplanes the applicant’s discretion. The FAA has hours with the engine output shaft AGENCY: Federal Aviation also deleted proposed paragraph (0, locked to simulate rotor brake which is a safety analysis requirement Administration (FAA), Department of engagement, in a manner which clearly Transportation (DOT). specific to dynamic responses. In this demonstrates the complete engine’s ACTION: Final rule. regard, existing § 33.75 Safety Analysis ability to function without adverse is considered adequate when an engine affect while operating in the APU mode SUMMARY: We are adopting a new test for dynamic braking is conducted under the maximum conditions of airworthiness directive (AD) for the per this special condition. engine rotor speed, torque, temperature, products listed above. This AD results Applicability air bleed and power extraction as from mandatory continuing specified by the applicant. airworthiness information (MCAI) These special conditions are originated by an aviation authority of applicable to the PWC PW210S turbo (b) Dynamic braking: A total of 400 another country to identify and correct shaft engine. If PWC applies later for a application-release cycles of simulated an unsafe condition on an aviation change to the type certificate to include brake engagements must be made in a product. The MCAI describes the unsafe another closely related model manner which clearly demonstrates the condition as: incorporating the same novel or unusual complete engine’s ability to function design feature, these special conditions without adverse affect while operating An inspection by the vendor revealed that may also apply to that model as well, in the APU mode under the maximum a number of Rubber Bull Gears (RBG) in the and would be made part of the conditions of engine acceleration and Horizontal Stabilizer Trim Actuator (HSTA) deceleration rate, rotor speed, torque of the CL–600–2C10, CL–600–2D15 and CL– certification basis for that model. 600–2D24 aeroplanes were installed with a and temperature as specified by the Conclusion wheel material hardness out of specification. applicant. The engine output shaft must This non-conformity has a direct impact on We reviewed the available data, be stopped prior to brake-release. the HSTA life limit. The teeth of these non- including the comment received, and (c) One hundred engine starts and conformant RBGs could break and in extreme have determined that air safety and the stops with the output shaft locked in a cases, could lead to uncontrolled HSTA movement without the ability to re-trim the public interest require adopting this manner simulating rotor brake special condition with the changes aeroplane. If not corrected, this condition engagement during APU mode described above. This action affects only could result in a difficulty to control the operation. certain novel or unusual design features pitch and subsequent loss of the aeroplane. on one model of engine. It is not a rule (d) The tests required by paragraphs * * * * * of general applicability, and it affects (a) and (c) of this section must be We are issuing this AD to require only the applicant who applied to the performed on the same engine. actions to correct the unsafe condition FAA for approval of this feature on the (e) The tests required by paragraphs on these products. engine product. (a), (b) and (c) above must be followed DATES: This AD becomes effective July List of Subjects in 14 CFR Part 33 by engine disassembly to the extent 15, 2011. necessary to show that each engine part The Director of the Federal Register Air transportation, Aircraft, Aviation conforms to the type design and is approved the incorporation by reference safety, Safety. eligible for incorporation into an engine of certain publications listed in this AD The authority citation for these for continued operation in accordance as of July 15, 2011. special conditions is as follows: with information submitted in ADDRESSES: You may examine the AD Authority: 49 U.S.C. 106(g), 40113, 44701– compliance with § 33.4 Instructions for docket on the Internet at http:// 44702, 44704. Continued Airworthiness. www.regulations.gov or in person at the

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33983

U.S. Department of Transportation, substantively from the information 2. Is not a ‘‘significant rule’’ under the Docket Operations, M–30, West provided in the MCAI and related DOT Regulatory Policies and Procedures Building Ground Floor, Room W12–140, service information. (44 FR 11034, February 26, 1979); and 1200 New Jersey Avenue, SE., We might also have required different 3. Will not have a significant Washington, DC. actions in this AD from those in the economic impact, positive or negative, FOR FURTHER INFORMATION CONTACT: MCAI in order to follow our FAA on a substantial number of small entities Fabio Buttitta, Aerospace Engineer, policies. Any such differences are under the criteria of the Regulatory Airframe and Mechanical Systems highlighted in a Note within the AD. Flexibility Act. Branch, ANE–171, FAA, New York Costs of Compliance We prepared a regulatory evaluation Aircraft Certification Office (ACO), of the estimated costs to comply with 1600 Stewart Avenue, Suite 410, We estimate that this AD will affect this AD and placed it in the AD docket. Westbury, New York 11590; telephone 387 products of U.S. registry. We also (516) 228–7303; fax (516) 794–5531. estimate that it will take about 9 work- Examining the AD Docket hours per product to comply with the SUPPLEMENTARY INFORMATION: You may examine the AD docket on basic requirements of this AD. The the Internet at http:// Discussion average labor rate is $85 per work-hour. www.regulations.gov; or in person at the We issued a notice of proposed Required parts will cost about $0 per Docket Operations office between 9 a.m. rulemaking (NPRM) to amend 14 CFR product. Where the service information and 5 p.m., Monday through Friday, part 39 to include an AD that would lists required parts costs that are except Federal holidays. The AD docket apply to the specified products. That covered under warranty, we have contains the NPRM, the regulatory NPRM was published in the Federal assumed that there will be no charge for evaluation, any comments received, and Register on March 14, 2011 (76 FR these parts. As we do not control other information. The street address for 13536). That NPRM proposed to correct warranty coverage for affected parties, the Docket Operations office (telephone an unsafe condition for the specified some parties may incur costs higher (800) 647–5527) is in the ADDRESSES products. The MCAI states: than estimated here. Based on these section. Comments will be available in figures, we estimate the cost of this AD An inspection by the vendor revealed that the AD docket shortly after receipt. a number of Rubber Bull Gears (RBG) in the to the U.S. operators to be $296,055, or Horizontal Stabilizer Trim Actuator (HSTA) $765 per product. List of Subjects in 14 CFR Part 39 of the CL–600–2C10, CL–600–2D15 and CL– 600–2D24 aeroplanes were installed with a Authority for This Rulemaking Air transportation, Aircraft, Aviation wheel material hardness out of specification. Title 49 of the United States Code safety, Incorporation by reference, This non-conformity has a direct impact on specifies the FAA’s authority to issue Safety. the HSTA life limit. The teeth of these non- conformant RBGs could break and in extreme rules on aviation safety. Subtitle I, Adoption of the Amendment cases, could lead to uncontrolled HSTA section 106, describes the authority of movement without the ability to re-trim the the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority aeroplane. If not corrected, this condition Aviation Programs,’’ describes in more delegated to me by the Administrator, could result in a difficulty to control the detail the scope of the Agency’s the FAA amends 14 CFR part 39 as pitch and subsequent loss of the aeroplane. authority. follows: This [Canadian airworthiness] directive We are issuing this rulemaking under PART 39—AIRWORTHINESS mandates replacement of the RBGs which the authority described in ‘‘Subtitle VII, have material hardness out of specification DIRECTIVES [with a modified HSTA]. Part A, Subpart III, Section 44701: General requirements.’’ Under that ■ You may obtain further information section, Congress charges the FAA with 1. The authority citation for part 39 by examining the MCAI in the AD promoting safe flight of civil aircraft in continues to read as follows: docket. air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. for practices, methods, and procedures Comments § 39.13 [Amended] the Administrator finds necessary for We gave the public the opportunity to safety in air commerce. This regulation ■ participate in developing this AD. We 2. The FAA amends § 39.13 by adding is within the scope of that authority received no comments on the NPRM or the following new AD: because it addresses an unsafe condition on the determination of the cost to the 2011–12–06 Bombardier, Inc.: Amendment that is likely to exist or develop on public. 39–16713. Docket No. FAA–2011–0159; products identified in this rulemaking Directorate Identifier 2010–NM–246–AD. Conclusion action. Effective Date We reviewed the available data and Regulatory Findings (a) This airworthiness directive (AD) determined that air safety and the becomes effective July 15, 2011. public interest require adopting the AD We determined that this AD will not as proposed. have federalism implications under Affected ADs Executive Order 13132. This AD will (b) None. Differences Between This AD and the not have a substantial direct effect on MCAI or Service Information the States, on the relationship between Applicability We have reviewed the MCAI and the national government and the States, (c) This AD applies to Bombardier, Inc. related service information and, in or on the distribution of power and Model CL–600–2C10 (Regional Jet Series 700, general, agree with their substance. But responsibilities among the various 701, & 702), Model CL–600–2D15 (Regional levels of government. Jet Series 705), and Model CL–600–2D24 we might have found it necessary to use (Regional Jet Series 900) airplanes, different words from those in the MCAI For the reasons discussed above, I certificated in any category, equipped with a to ensure the AD is clear for U.S. certify this AD: horizontal stabilizer trim actuator having part operators and is enforceable. In making 1. Is not a ‘‘significant regulatory numbers (P/Ns) 8489–5, 8489–6, 8489–7, and these changes, we do not intend to differ action’’ under Executive Order 12866; 8489–7R.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33984 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Subject 8489–5, 8489–6, 8489–7, or 8489–7R, with Directorate, 1601 Lind Avenue, SW., Renton, (d) Air Transport Association (ATA) of any serial numbers identified in paragraph Washington. For information on the America Code 27: Flight controls. (g) or (h) of this AD, on any airplane, unless availability of this material at the FAA, call that HSTA has been modified in accordance 425–227–1221. Reason with SAGEM Service Bulletin 8489–27–007, (4) You may also review copies of the (e) The mandatory continuing Revision 1, dated August 10, 2010, and that service information that is incorporated by airworthiness information (MCAI) states: HSTA has a suffix ‘‘B’’ beside the serial reference at the National Archives and An inspection by the vendor revealed that number. Records Administration (NARA). For information on the availability of this a number of Rubber Bull Gears (RBG) in the FAA AD Differences Horizontal Stabilizer Trim Actuator (HSTA) material at NARA, call 202–741–6030, or go of the CL–600–2C10, CL–600–2D15 and CL– Note 1: This AD differs from the MCAI to: http://www.archives.gov/federal_register/ 600–2D24 aeroplanes were installed with a and/or service information as follows: No code_of_federal_regulations/ wheel material hardness out of specification. differences. ibr_locations.html. This non-conformity has a direct impact on Issued in Renton, Washington, on May 20, the HSTA life limit. The teeth of these non- Other FAA AD Provisions 2011. conformant RBGs could break and in extreme (j) The following provisions also apply to cases, could lead to uncontrolled HSTA this AD: Ali Bahrami, movement without the ability to re-trim the (1) Alternative Methods of Compliance Manager, Transport Airplane Directorate, aeroplane. If not corrected, this condition (AMOCs): The Manager, New York Aircraft Aircraft Certification Service. could result in a difficulty to control the Certification Office, ANE–170, FAA, has the [FR Doc. 2011–13650 Filed 6–9–11; 8:45 am] pitch and subsequent loss of the aeroplane. authority to approve AMOCs for this AD, if BILLING CODE 4910–13–P * * * * * requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, Compliance send your request to your principal inspector DEPARTMENT OF TRANSPORTATION (f) You are responsible for having the or local Flight Standards District Office, as actions required by this AD performed within appropriate. Send information to ATTN: Federal Aviation Administration the compliance times specified, unless the Program Manager, Continuing Operational actions have already been done. Safety, FAA, New York ACO, 1600 Stewart 14 CFR Part 39 Modifying the HSTA Avenue, Suite 410, Westbury, New York 11590; telephone 516–228–7300; fax 516– (g) For airplanes having any HSTA with 794–5531. Before using any approved AMOC, [Docket No. FAA–2011–0456; Directorate S/N 107, 111, 124, 126, 135, 139, 142, 145, notify your appropriate principal inspector, Identifier 2011–NE–15–AD; Amendment 39– 146, 266, 268, 271, 274, 276, 277, 280, 282 or lacking a principal inspector, the manager 16711; AD 2011–12–04] through 285 inclusive, 290, 292, 294, 297, of the local flight standards district office/ 299, 307, 309, 320, 337, 400, 402, 403, 410, certificate holding district office. The AMOC 412, 418, 421 through 428 inclusive, 430, 435 approval letter must specifically reference RIN 2120–AA64 through 439 inclusive, 441, 443 through 446 this AD. inclusive, 448 through 450 inclusive, 452 (2) Airworthy Product: For any requirement Airworthiness Directives; BRP– through 454 inclusive, 456, 459, 461, 463 in this AD to obtain corrective actions from Powertrain GmbH & Co. KG Rotax 912 through 470 inclusive, 472, 474 through 476 a manufacturer or other source, use these F3, 912 S2, 912 S3, 912 S4, 914 F2, 914 inclusive, 478, 545 through 549 inclusive, actions if they are FAA-approved. Corrective F3, and 914 F4 Reciprocating Engines 570, 571, 573, 574, 600, 603, 608, 612 actions are considered FAA-approved if they through 616 inclusive, 623, 627, and 629 are approved by the State of Design Authority AGENCY: Federal Aviation through 659 inclusive: At the applicable compliance time specified in paragraph (g)(1) (or their delegated agent). You are required Administration (FAA), DOT. to assure the product is airworthy before it or (g)(2) of this AD, replace the HSTA with ACTION: Final rule; request for is returned to service. a modified HSTA, in accordance with the comments. Accomplishment Instructions of Bombardier Related Information Service Bulletin 670BA–27–058, dated SUMMARY: We are adopting a new August 31, 2010. (k) Refer to MCAI Canadian Airworthiness Directive CF–2010–34, dated October 5, airworthiness directive (AD) for the (1) For HSTAs that have accumulated products listed above. This AD results 8,700 total flight cycles or less as of the 2010; Bombardier Service Bulletin 670BA– effective date of this AD: Within 3,000 flight 27–058, dated August 31, 2010; and SAGEM from mandatory continuing cycles from the effective date of this AD, or Service Bulletin 8489–27–007, Revision 1, airworthiness information (MCAI) before the HSTA has accumulated 10,500 dated August 10, 2010; for related issued by an aviation authority of flight cycles, whichever occurs first. information. another country to identify and correct (2) For HSTAs that have accumulated more Material Incorporated by Reference an unsafe condition on an aviation than 8,700 total flight cycles as of the (l) You must use Bombardier Service product. The MCAI describes the unsafe effective date of this AD: Within 1,800 flight condition as: cycles after the effective date of this AD. Bulletin 670BA–27–058, dated August 31, (h) For airplanes having any HSTA with S/ 2010; and SAGEM Service Bulletin 8489–27– During a production process review, a N 185, 479, 481, 482, 485, 487, 489, 491 007, Revision 1, dated August 10, 2010; as deviation in hardening of certain Part through 496 inclusive, 498, 499, 501, 503, applicable; to do the actions required by this Number (P/N) 944072 washers has been 504, 506, 507, 509, 512 through 514 AD, unless the AD specifies otherwise. detected, which exceeds the hardness of the inclusive, 517, 519 through 522 inclusive, (1) The Director of the Federal Register design specification. 524, 526 through 528 inclusive, 530, 534 approved the incorporation by reference of The affected washers are part of the through 536 inclusive, 539, 542, and 543: this service information under 5 U.S.C. magneto ring flywheel hub installation and Within 1,800 flight cycles after the effective 552(a) and 1 CFR part 51. have been installed on a limited number of date of this AD, replace the affected HSTA (2) For service information identified in engines. No defective washers have been with a modified HSTA in accordance with this AD, contact Bombardier, Inc., 400 Coˆte- shipped as spare parts. the Accomplishment Instructions of Vertu Road West, Dorval, Que´bec H4S 1Y9, This condition, if not corrected, could lead Bombardier Service Bulletin 670BA–27–058, Canada; telephone 514–855–5000; fax 514– to cracks in the washer, loosening of the dated August 31, 2010. 855–7401; e-mail magneto flywheel hub and consequent [email protected]; Internet http:// ignition failure, possibly resulting in damage Parts Installation www.bombardier.com. to the engine, in-flight engine shutdown and (i) As of the effective date of this AD, no (3) You may review copies of the service forced landing, damage to the aeroplane and person may install a HSTA, having P/N information at the FAA, Transport Airplane injury to occupants.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33985

We are issuing this AD to prevent Number (P/N) 944072 washers has been Comments Invited detected, which exceeds the hardness of the engine in-flight shutdown, and damage This AD is a final rule that involves to the airplane. design specification. The affected washers are part of the requirements affecting flight safety, and DATES: This AD becomes effective June magneto ring flywheel hub installation and we did not precede it by notice and 27, 2011. have been installed on a limited number of opportunity for public comment. We We must receive comments on this engines. No defective washers have been invite you to send any written relevant AD by July 11, 2011. shipped as spare parts. data, views, or arguments about this AD. The Director of the Federal Register This condition, if not corrected, could lead Send your comments to an address approved the incorporation by reference to cracks in the washer, loosening of the listed under the ADDRESSES section. of BRP–Powertrain GmbH & Co. KG magneto flywheel hub and consequent Include ‘‘Docket No. FAA–2011–0456; Rotax Mandatory Service Bulletins No. ignition failure, possibly resulting in damage Directorate Identifier 2011–NE–15–AD’’ SB–912–058 and No. SB–914–041 to the engine, in-flight engine shutdown and at the beginning of your comments. We (combined in one document), dated forced landing, damage to the aeroplane and injury to occupants. specifically invite comments on the April 15, 2011, listed in the AD as of overall regulatory, economic, June 27, 2011. You may obtain further information environmental, and energy aspects of ADDRESSES: You may send comments by by examining the MCAI in the AD this AD. We will consider all comments any of the following methods: received by the closing date and may • docket. Federal eRulemaking Portal: Go to amend this AD because of those http://www.regulations.gov and follow Relevant Service Information comments. the instructions for sending your BRP–Powertrain GmbH & Co. KG has We will post all comments we comments electronically. receive, without change, to http:// • issued Rotax Mandatory Service Mail: U.S. Department of www.regulations.gov, including any Transportation, 1200 New Jersey Bulletins No. SB–912–058 and No. SB– 914–041 (combined in one document), personal information you provide. We Avenue, SE., West Building Ground will also post a report summarizing each Floor, Room W12–140, Washington, DC dated April 15, 2011. The actions described in this service information are substantive verbal contact with FAA 20590–0001. personnel concerning this AD. Using the • Hand Delivery: Deliver to Mail intended to correct the unsafe condition identified in the MCAI. search function of the Web site, anyone address above between 9 a.m. and can find and read the comments in any 5 p.m., Monday through Friday, except FAA’s Determination and Requirements of our dockets, including, if provided, Federal holidays. of this AD • the name of the individual who sent the Fax: (202) 493–2251. comment (or signed the comment on This product has been approved by Examining the AD Docket behalf of an association, business, labor the aviation authority of Austria and is union, etc.). You may review the DOT’s You may examine the AD docket on approved for operation in the United complete Privacy Act Statement in the the Internet at http:// States. Pursuant to our bilateral Federal Register published on April 11, www.regulations.gov; or in person at the agreement with Austria, EASA has 2000 (65 FR 19477–78). Docket Operations office between 9 a.m. notified us of the unsafe condition and 5 p.m., Monday through Friday, described in the MCAI and service Authority for This Rulemaking except Federal holidays. The AD docket information referenced above. We are Title 49 of the United States Code contains this AD, the regulatory issuing this AD because we evaluated specifies the FAA’s authority to issue evaluation, any comments received, and all information provided by EASA and rules on aviation safety. Subtitle I, other information. The street address for determined the unsafe condition exists section 106, describes the authority of the Docket Operations office (phone: and is likely to exist or develop on other the FAA Administrator. ‘‘Subtitle VII: (800) 647–5527) is the same as the Mail products of the same type design. This Aviation Programs,’’ describes in more ADDRESSES address provided in the AD requires replacing the washer detail the scope of the Agency’s section. Comments will be available in securing the magneto ring flywheel hub authority. the AD docket shortly after receipt. with a new washer of the same part We are issuing this rulemaking under FOR FURTHER INFORMATION CONTACT: number, on certain serial number BRP– the authority described in ‘‘Subtitle VII, Alan Strom, Aerospace Engineer, Engine Powertrain GmbH & Co. KG Rotax 912 Part A, Subpart III, Section 44701: Certification Office, FAA, Engine & and 914 reciprocating engines. General requirements.’’ Under that Propeller Directorate, 12 New England FAA’s Determination of the Effective section, Congress charges the FAA with Executive Park, Burlington, MA 01803; Date promoting safe flight of civil aircraft in e-mail: [email protected]; phone: air commerce by prescribing regulations (781) 238–7143; fax: (781) 238–7199. An unsafe condition exists that for practices, methods, and procedures SUPPLEMENTARY INFORMATION: requires the immediate adoption of this the Administrator finds necessary for AD. The FAA has found that the risk to Discussion safety in air commerce. This regulation the flying public justifies waiving notice is within the scope of that authority The European Aviation Safety Agency and comment prior to adoption of this because it addresses an unsafe condition (EASA), which is the Technical Agent rule because of the short compliance that is likely to exist or develop on for the Member States of the European time in this AD of within 10 flight hours products identified in this rulemaking Community, has issued EASA or at next maintenance after the action. Airworthiness Directive 2011–0067–E, effective date of the AD, whichever dated April 15, 2011 (referred to after occurs first. Therefore, we determined Regulatory Findings this as ‘‘the MCAI’’), to correct an unsafe that notice and opportunity for public We determined that this AD will not condition for the specified products. comment before issuing this AD are have federalism implications under The MCAI states: impracticable and that good cause exists Executive Order 13132. This AD will During a production process review, a for making this amendment effective in not have a substantial direct effect on deviation in hardening of certain Part fewer than 30 days. the States, on the relationship between

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33986 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

the national government and the States, issued by an aviation authority of another (781) 238–7143; fax (781) 238–719, for more or on the distribution of power and country to identify and correct an unsafe information about this AD. condition on an aviation product. The MCAI responsibilities among the various Material Incorporated by Reference describes the unsafe condition as: levels of government. (k) You must use BRP–Powertrain GmbH & For the reasons discussed above, I During a production process review, a Co. KG Rotax Mandatory Service Bulletins certify this AD: deviation in hardening of certain Part No. SB–912–058 and No. SB–914–041 1. Is not a ‘‘significant regulatory Number (P/N) 944072 washers has been (combined in one document), dated April 15, action’’ under Executive Order 12866; detected, which exceeds the hardness of the 2011, to do the actions required by this AD. design specification. 2. Is not a ‘‘significant rule’’ under the (1) For service information identified in The affected washers are part of the this AD, contact BRP–Powertrain GmbH & DOT Regulatory Policies and Procedures magneto ring flywheel hub installation and (44 FR 11034, February 26, 1979); and Co. KG, Welser Strasse 32, A–4623 have been installed on a limited number of Gunskirchen, Austria, or go to: http:// 3. Will not have a significant engines. No defective washers have been www.rotax-aircraft-engines.com. economic impact, positive or negative, shipped as spare parts. (2) You may review copies at the FAA, on a substantial number of small entities This condition, if not corrected, could lead New England Region, 12 New England under the criteria of the Regulatory to cracks in the washer, loosening of the Executive Park, Burlington, MA; or at the Flexibility Act. magneto flywheel hub and consequent National Archives and Records We prepared a regulatory evaluation ignition failure, possibly resulting in damage Administration (NARA). For information on to the engine, in-flight engine shutdown and the availability of this material at NARA, call of the estimated costs to comply with forced landing, damage to the aeroplane and this AD and placed it in the AD docket. (202) 741–6030, or go to: http:// injury to occupants. www.archives.gov/federal-register/cfr/ibr- List of Subjects in 14 CFR Part 39 We are issuing this AD to prevent engine locations.html. in-flight shutdown, and damage to the Air transportation, Aircraft, Aviation airplane. Issued in Burlington, Massachusetts, on safety, Incorporation by reference, May 26, 2011. Safety. Actions and Compliance Peter A. White, (e) Unless already done, do the following Acting Manager, Engine and Propeller Adoption of the Amendment actions within 10 flight hours or at next Directorate, Aircraft Certification Service. maintenance after the effective date of this Accordingly, under the authority [FR Doc. 2011–14239 Filed 6–9–11; 8:45 am] delegated to me by the Administrator, AD, whichever occurs first: (1) Replace the magneto ring flywheel hub BILLING CODE 4910–13–P the FAA amends 14 CFR part 39 as washer, P/N 944072. follows: (2) Use paragraph 3.1 of BRP–Powertrain GmbH & Co. KG Rotax Mandatory Service DEPARTMENT OF TRANSPORTATION PART 39—AIRWORTHINESS Bulletin SB–912–058, dated April 15, 2011 or DIRECTIVES SB–914–041 dated April 15, 2011, to do the Federal Aviation Administration replacement. ■ 1. The authority citation for part 39 14 CFR Part 39 continues to read as follows: Prohibition (f) After the effective date of this AD, do [Docket No. FAA–2010–1277; Directorate Authority: 49 U.S.C. 106(g), 40113, 44701. not install any washer P/N 944072 removed Identifier 2010–NM–218–AD; Amendment 39–16722; AD 2009–18–19 R1] § 39.13 [Amended] as specified in paragraph (e)(1) of this AD into any magneto or onto any engine. ■ 2. The FAA amends § 39.13 by adding RIN 2120–AA64 the following new AD: FAA AD Differences Airworthiness Directives; Airbus Model 2011–12–04 BRP–Powertrain GmbH & Co. (g) This AD differs from the Mandatory A330–200 and –300 Series Airplanes, KG (Formerly Bombardier-Rotax Continuing Airworthiness Information (MCAI) as follows: and Model A340–200 and –300 Series GmbH): Amendment 39–16711.; Docket Airplanes No. FAA–2011–0456; Directorate (1) European Aviation Safety Agency Identifier 2011–NE–15–AD. (EASA) AD 2011–0067–E requires AGENCY: Federal Aviation compliance within 10 flight hours or 4 Administration (FAA), Department of Effective Date calendar months after the effective date of the Transportation (DOT). (a) This airworthiness directive (AD) AD, whichever occurs first. This AD requires becomes effective June 27, 2011. compliance within 10 flight hours or at next ACTION: Final rule; rescission. maintenance after the effective date of this Affected ADs AD, whichever occurs first. SUMMARY: This amendment rescinds (b) None. (2) EASA AD 2011–0067–E requires airworthiness directive (AD) 2009–18– operators to return the washer removed from 19 for the products listed above. This Applicability service to BRP–Powertrain GmbH & Co. KG. AD results from mandatory continuing (c) This AD applies to the following BRP– This AD does not. airworthiness information (MCAI) Powertrain GmbH & Co. KG Rotax Alternative Methods of Compliance issued by EASA, to rescind EASA AD reciprocating engines: 2010–0083. The MCAI specifies the (1) Model 912 F3—serial number (S/N) (AMOCs) 4,412.986 and S/N 4,412.987. (h) The Manager, Engine Certification following: (2) Models 912 S2, 912 S3, and 912 S4— Office, FAA, has the authority to approve It has been assessed that multiple NRV S/N 4,924.087 through S/N 4,924.139 AMOCs for this AD, if requested using the [non-return valve] failures in combination inclusive, and S/N 4,924.141 through procedures found in 14 CFR 39.19. with certain trapped fuel cases could 4,924.166 inclusive. potentially increase the quantity of unusable Related Information (3) Models 914 F2, 914 F3, and 914 F4— fuel on the aeroplane, possibly leading to fuel S/N 4,420.970 through 4,420.990 inclusive, (i) Refer to MCAI EASA AD 2011–0067–E, starvation which could result in engines in- S/N 4,420.997, and S/N 4,421.001 through dated April 15, 2011, for related information. flight shut down and would constitute an 4,421.003 inclusive. (j) Contact Alan Strom, Aerospace unsafe condition. To prevent and detect this Engineer, Engine Certification Office, FAA, condition, EASA issued EASA AD 2010– Reason Engine & Propeller Directorate, 12 New 0083. (d) This AD results from mandatory England Executive Park, Burlington, MA Based on in service experience, mainly on continuing airworthiness information (MCAI) 01803; e-mail: [email protected]; phone the results of the operational test required by

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33987

EASA AD 2010–0083, Airbus has performed For the reasons described above, EASA AD List of Subjects in 14 CFR Part 39 a safety analysis on the NRV to check if the 2010–0083 is cancelled. safety objectives are met. Air transportation, Aircraft, Aviation This analysis of the Collector Cell motive This AD rescinds the parallel FAA AD 2009–18–19. You may obtain further safety, Incorporation by reference, flow line NRV, taking into account all failure Safety. scenarios, concludes that the previous non information by examining the MCAI in compliance can be alleviated. Consequently, the AD docket. The Rescission no unsafe condition exists any more on the affected NRV. Comments Accordingly, under the authority For the reasons described above, EASA AD We gave the public the opportunity to delegated to me by the Administrator, 2010–0083 is cancelled. participate in developing this AD. We the FAA amends 14 CFR part 39 as This AD rescinds the parallel FAA AD received no comments on the NPRM or follows: 2009–18–19. on the determination of the cost to the DATES: This AD becomes effective June public. PART 39—AIRWORTHINESS 10, 2011. Conclusions DIRECTIVES ADDRESSES: You may examine the AD docket on the Internet at http:// We reviewed the available data and ■ 1. The authority citation for part 39 determined that air safety and the www.regulations.gov or in person at the continues to read as follows: public interest require the rescission of U.S. Department of Transportation, Authority: 49 U.S.C. 106(g), 40113, 44701. Docket Operations, M–30, West the AD as proposed. Building Ground Floor, Room W12–140, Differences Between This AD and the § 39.13 [Amended] 1200 New Jersey Avenue, SE., MCAI or Service Information ■ Washington, DC. 2. The FAA amends § 39.13 by We have reviewed the MCAI and, in removing amendment 39–16016 (74 FR FOR FURTHER INFORMATION CONTACT: general, agree with the substance. But 46322, September 9, 2009): Vladimir Ulyanov, Aerospace Engineer, we might have found it necessary to use International Branch, ANM–116, different words from those in the MCAI 2009–18–19 R1 Airbus: Amendment 39– Transport Airplane Directorate, FAA, to ensure the AD is clear for U.S. 16722. Docket No. FAA–2010–1277; 1601 Lind Avenue, SW., Renton, operators and is enforceable. In making Directorate Identifier 2010–NM–218–AD. Washington 98057–3356; telephone these changes, we do not intend to differ Effective Date (425) 227–1138; fax (425) 227–1149. substantively from the information (a) This rescission becomes effective June SUPPLEMENTARY INFORMATION: provided in the MCAI. 10, 2011. Discussion Regulatory Findings Affected ADs We issued a notice of proposed We determined that this AD would (b) This AD rescinds AD 2009–18–19, rulemaking (NPRM) to amend 14 CFR not have federalism implications under Amendment 39–16016. part 39 by rescinding an existing AD. Executive Order 13132. This AD would That NPRM was published in the not have a substantial direct effect on Applicability Federal Register on December 30, 2010 the States, on the relationship between (c) Airbus airplanes, certificated in any (75 FR 82325) and proposed to rescind the national government and the States, category, identified in paragraphs (c)(1) and AD 2009–18–19, Amendment 39–16016 or on the distribution of power and (c)(2) of the AD. (74 FR 46322, September 9, 2009). That responsibilities among the various (1) Airbus Model A330–201, –202, –203, AD was intended to address an unsafe levels of government. –223, –243, –301, –302, –303, –321, –322, condition on the products listed above. For the reasons discussed above, I –323, –341, –342, and –343 series airplanes, Since we issued AD 2009–18–19, certify that this AD: all serial numbers. EASA issued Airworthiness Directive (1) Is not a ‘‘significant regulatory (2) Airbus Model A340–211, –212, –213, 2010–0083–CN, dated September 20, action’’ under Executive Order 12866, –311, –312, and –313 series airplanes, all 2010, to cancel EASA AD 2010–0083, (2) Is not a ‘‘significant rule’’ under serial numbers. dated May 3, 2010, for the specified DOT Regulatory Policies and Procedures Related Information products. EASA AD 2010–0083–CN (44 FR 11034, February 26, 1979), states: (3) Would not have a significant (d) Refer to MCAI European Aviation It has been assessed that multiple NRV economic impact, positive or negative, Safety Agency (EASA) Airworthiness [non-return valve] failures in combination on a substantial number of small entities Directive 2010–0083–CN, dated September with certain trapped fuel cases could under the criteria of the Regulatory 20, 2010, for related information. potentially increase the quantity of unusable Flexibility Act. Materials Incorporated by Reference fuel on the aeroplane, possibly leading to fuel starvation which could result in engines in- Examining the AD Docket (e) None. flight shut down and would constitute an You may examine the AD docket on Issued in Renton, Washington, on June 1, unsafe condition. To prevent and detect this condition, EASA issued EASA AD 2010– the Internet at http:// 2011. 0083. www.regulations.gov; or in person at the Kalene C. Yanamura, Based on in service experience, mainly on Docket Operations office between 9 a.m. Acting Manager, Transport Airplane the results of the operational test required by and 5 p.m., Monday through Friday, Directorate, Aircraft Certification Service. EASA AD 2010–0083, Airbus has performed except Federal holidays. The AD docket [FR Doc. 2011–14398 Filed 6–9–11; 8:45 am] a safety analysis on the NRV to check if the contains the NPRM, the regulatory safety objectives are met. evaluation, any comments received, and BILLING CODE 4910–13–P This analysis of the Collector Cell motive other information. The street address for flow line NRV, taking into account all failure scenarios, concludes that the previous non the Docket Operations office (telephone compliance can be alleviated. Consequently, (800) 647–5527) is in the ADDRESSES no unsafe condition exists any more on the section. Comments will be available in affected NRV. the AD docket shortly after receipt.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33988 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION www.regulations.gov; or in person at the those corrections, be incorporated into Docket Management Facility between 9 the AD. Federal Aviation Administration a.m. and 5 p.m., Monday through We agree that typographical errors in Friday, except Federal holidays. The AD that service bulletin need to be 14 CFR Part 39 docket contains this AD, the regulatory corrected. Where paragraph 3.B.1.s. of [Docket No. FAA–2011–0028; Directorate evaluation, any comments received, and Part 1 of the Accomplishment Identifier 2009–NM–228–AD; Amendment other information. The address for the Instructions of Boeing Alert Service 39–16716; AD 2011–12–09] Docket Office (phone: 800–647–5527) is Bulletin 737–28A1212, Revision 1, Document Management Facility, U.S. dated August 27, 2010, states that the RIN 2120–AA64 Department of Transportation, Docket affected airplanes are ‘‘Group 11, Airworthiness Directives; The Boeing Operations, M–30, West Building Configuration 1,’’ that paragraph also Company Model 737–100, –200, –200C, Ground Floor, Room W12–140, 1200 applies to ‘‘Group 13, Configuration 1.’’ –300, –400, and –500 Series Airplanes New Jersey Avenue, SE., Washington, The action specified in paragraph DC 20590. 3.B.1.s. of that service bulletin AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: (changing a wire bundle) is a logical Administration (FAA), DOT. Georgios Roussos, Aerospace Engineer, outgrowth of the actions specified in ACTION: Final rule. Systems and Equipment Branch, ANM– that service bulletin. Paragraph (j) of 130S, FAA, Seattle Aircraft Certification this AD addresses this change. Also, the SUMMARY: We are adopting a new Office (ACO), 1601 Lind Avenue, SW., figure in Appendix A, paragraph 1., of airworthiness directive (AD) for the Renton, Washington 98057–3356; Boeing Alert Service Bulletin 737– products listed above. This AD requires, phone: 425–917–6482; fax: 425–917– 28A1212, Revision 1, dated August 27, depending on airplane configuration, 6590; e-mail: [email protected]. 2010, is not identified, but should be doing certain wiring changes, replacing SUPPLEMENTARY INFORMATION: identified as ‘‘Figure 1.’’ Paragraph (k) of the fuel pump power control relays for this AD addresses this change. That the main, center, and auxiliary tanks, as Discussion information notice includes additional applicable, with new relays having a We issued a notice of proposed changes to that service bulletin; ground fault interrupter (GFI) feature, rulemaking (NPRM) to amend 14 CFR however, they are not part of the performing certain bonding resistance part 39 to include an airworthiness accomplishment instructions, and measurements, and modifying relay directive (AD) that would apply to the therefore are not addressed in our module assemblies. This AD also specified products. That NPRM response. requires revising the maintenance published in the Federal Register on program to incorporate certain Additional Change January 21, 2011 (76 FR 3856). That Airworthiness Limitations. This AD was NPRM proposed to require, depending Boeing has issued Section 9 of Boeing prompted by fuel system reviews on airplane configuration, doing certain 737–100/200/200C/300/400/500 conducted by the manufacturer. We are wiring changes, replacing the fuel pump Airworthiness Limitations (AWL) and issuing this AD to prevent damage to the power control relays for the main, Certification Maintenance Requirements fuel pumps caused by electrical arcing center, and auxiliary tanks, as (CMRs), Document D6–38278–CMR, that could introduce an ignition source applicable, with new relays having a Revision August 2010, to update certain in the fuel tank, which, in combination GFI feature, performing certain bonding AWLs other than those specified in this with flammable fuel vapors, could result resistance measurements, and AD. The document reference has been in a fuel tank explosion and consequent modifying relay module assemblies. updated in paragraph (l) of this AD. loss of the airplane. That NPRM also proposed to require We have also clarified the intent of DATES: This AD is effective July 15, revising the maintenance program to paragraph (n) of this AD by revising the 2011. incorporate Airworthiness Limitations heading. The Director of the Federal Register (AWLs) 28–AWL–23 (for Model 737– We have also added paragraph (o) of approved the incorporation by reference 100, 737–200, and 737–200C series this AD to give credit for revising the of certain publications listed in the AD airplanes) and 28–AWL–22 (for Model maintenance program by incorporating as of July 15, 2011. 737–300, 737–400, and 737–500 series AWLs 28–AWL–22 (for Model 737–300, ADDRESSES: For service information airplanes). –400, and –500 series airplanes) and 28– identified in this AD, contact Boeing AWL–23 (for Model 737–100, –200, and Commercial Airplanes, Attention: Data Comments –200C series airplanes), in accordance & Services Management, PO Box 3707, We gave the public the opportunity to with Section 9 of Boeing 737–100/200/ MC 2H–65, Seattle, Washington 98124– participate in developing this AD. The 200C/300/400/500 Airworthiness 2207; telephone 206–544–5000, following presents the comments Limitations (AWL) and Certification extension 1; fax 206–766–5680; e-mail received on the proposal and the FAA’s Maintenance Requirements (CMRs), [email protected]; Internet response to each comment. Boeing Document D6–38278–CMR, Revision https://www.myboeingfleet.com. You concurs with the content of this AD. May 2009. may review copies of the referenced Request To Correct Typographical Conclusion service information at the FAA, Errors Transport Airplane Directorate, 1601 We reviewed the relevant data, Lind Avenue, SW., Renton, Washington. Alaska Airlines requested that considered the comments received, and For information on the availability of corrections be made to certain determined that air safety and the this material at the FAA, call 425–227– accomplishment instructions of Boeing public interest require adopting the AD 1221. Alert Service Bulletin 737–28A1212, with the changes described previously. Revision 1, dated August 27, 2010. We have determined that these changes: Examining the AD Docket Alaska Airlines requested that Boeing • Are consistent with the intent that You may examine the AD docket on Information Notice 737–28A1212 IN 01, was proposed in the NPRM for the Internet at http:// dated October 7, 2010, which specifies correcting the unsafe condition; and

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33989

• Do not add any additional burden burden on any operator or increase the Costs of Compliance upon the public than was already scope of the AD. We estimate that this AD affects 750 proposed in the NPRM. airplanes of U.S. registry. We also determined that these We estimate the following costs to changes will not increase the economic comply with this AD:

TABLE—ESTIMATED COSTS

Number of Action Work hours Average labor Parts Cost per product U.S.-registered Fleet cost rate per hour airplanes

Replacement of power control re- 4 to 9 1 $85 $14,500 $14,840 to 750 $11,130,000 to lays. $15,265 1. $11,448,750 1 Modification ...... 5 $85 $0 $425 ...... 750 $318,750 Maintenance program revision ...... 1 $85 $0 $85 ...... 750 $63,750 1 Depending on airplane configuration.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 should include a description of changes to the required inspections that will ensure the Title 49 of the United States Code Air transportation, Aircraft, Aviation continued operational safety of the airplane. specifies the FAA’s authority to issue safety, Incorporation by reference, rules on aviation safety. Subtitle I, Safety. Subject section 106, describes the authority of Adoption of the Amendment (d) Air Transport Association (ATA) of the FAA Administrator. Subtitle VII: America Code 28: Fuel. Accordingly, under the authority Aviation Programs, describes in more Unsafe Condition detail the scope of the Agency’s delegated to me by the Administrator, (e) This AD results from fuel system authority. the FAA amends 14 CFR part 39 as follows: reviews conducted by the manufacturer. The We are issuing this rulemaking under Federal Aviation Administration is issuing the authority described in subtitle VII, PART 39—AIRWORTHINESS this AD to prevent damage to the fuel pumps part A, subpart III, section 44701: DIRECTIVES caused by electrical arcing that could ‘‘General requirements.’’ Under that introduce an ignition source in the fuel tank, section, Congress charges the FAA with ■ 1. The authority citation for part 39 which, in combination with flammable fuel promoting safe flight of civil aircraft in vapors, could result in a fuel tank explosion continues to read as follows: and consequent loss of the airplane. air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. for practices, methods, and procedures Compliance the Administrator finds necessary for § 39.13 [Amended] (f) You are responsible for having the safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding actions required by this AD performed within is within the scope of that authority the following new airworthiness the compliance times specified, unless the because it addresses an unsafe condition directive (AD): actions have already been done. that is likely to exist or develop on 2011–12–09 The Boeing Company: Part 1: Wiring Changes, Relay Replacements, products identified in this rulemaking Amendment 39–16716; Docket No. and Certain Bonding Resistance action. FAA–2011–0028; Directorate Identifier Measurements for Certain Airplanes Regulatory Findings 2009–NM–228–AD. (g) For airplanes on which Boeing Alert Service Bulletin 737–28A1212, dated July 23, This AD will not have federalism Effective Date 2009, has not been incorporated as of the implications under Executive Order (a) This AD is effective July 15, 2011. effective date of this AD: Within 60 months after the effective date of this AD, do the 13132. This AD will not have a Affected ADs substantial direct effect on the States, on applicable actions required by paragraph (b) None. (g)(1) or (g)(2) of this AD. the relationship between the national Applicability (1) Airplanes without the M181, M182, and government and the States, or on the M183 supplier relay modules installed: Do distribution of power and (c) This AD applies to The Boeing the wiring changes; replace the fuel pump responsibilities among the various Company Model 737–100, –200, –200C, power control relays for the main, center, and levels of government. –300, –400, and –500 series airplanes, auxiliary tanks, as applicable, with new For the reasons discussed above, I certificated in any category; as identified in relays having a ground fault interrupter (GFI) Boeing Alert Service Bulletin 737–28A1212, feature; and do certain bonding resistance certify that this AD: Revision 1, dated August 27, 2010. ‘‘ measurements to verify that certain bonding (1) Is not a significant regulatory Note 1: This AD requires revisions to requirements are met; in accordance with action’’ under Executive Order 12866, certain operator maintenance documents to Part 1 of the Accomplishment Instructions of (2) Is not a ‘‘significant rule’’ under include new inspections. Compliance with Boeing Alert Service Bulletin 737–28A1212, DOT Regulatory Policies and Procedures these inspections is required by 14 CFR Revision 1, dated August 27, 2010, except as (44 FR 11034, February 26, 1979), 91.403(c). For airplanes that have been provided by paragraphs (j) and (k) of this AD. (3) Will not affect intrastate aviation previously modified, altered, or repaired in (2) Airplanes with the M181, M182, and in Alaska, and the areas addressed by these inspections, the M183 supplier relay modules installed: operator may not be able to accomplish the Modify the M181, M182, and M183 relay (4) Will not have a significant inspections described in the revisions. In this module assemblies, and do certain bonding economic impact, positive or negative, situation, to comply with 14 CFR 91.403(c), resistance measurements to verify that on a substantial number of small entities the operator must request approval for an certain bonding requirements are met, in under the criteria of the Regulatory alternative method of compliance according accordance with Part 1 of the Flexibility Act. to paragraph (p) of this AD. The request Accomplishment Instructions of Boeing Alert

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33990 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Service Bulletin 737–28A1212, Revision 1, limitation (AWL) specified in paragraph (l)(1) Aircraft Certification Office (ACO), 1601 Lind dated August 27, 2010, except as provided by or (l)(2) of this AD. Avenue, SW., Renton, Washington 98057– paragraphs (j) and (k) of this AD. (1) For Model 737–100, –200, and –200C 3356; phone: 425–917–6482; fax: 425–917– Note 2: Boeing Alert Service Bulletin 737– series airplanes: AWL 28–AWL–23 of Section 6590; e-mail: [email protected]. Or, 28A1212, Revision 1, dated August 27, 2010, 9 of Boeing 737–100/200/200C/300/400/500 e-mail information to 9-ANM-Seattle-ACO- Airworthiness Limitations (AWLs) and refers to BAE Systems Service Bulletin 65– [email protected]. 49808–24–01, Revision 1, dated July 19, Certification Maintenance Requirements (CMRs), Document D6–38278–CMR, Revision (2) Before using any approved AMOC, 2010, as an additional source of guidance for notify your appropriate principal inspector, doing the modification and certain bonding August 2010. The initial compliance time for the actions specified in AWL 28–AWL–23 is or lacking a principal inspector, the manager resistance measurements on the M181, M182, within 1 year after accomplishing the of the local flight standards district office/ and M183 supplier relay modules. installation required by paragraph (g), (h), or certificate holding district office. The AMOC Part 2: Wiring Changes and Certain Bonding (i) of this AD, or within 1 year after the approval letter must specifically reference Measurements for Certain Airplanes effective date of this AD, whichever occurs this AD. later. (h) For airplanes on which Boeing Alert (2) For Model 737–300, –400, and –500 Material Incorporated by Reference Service Bulletin 737–28A1212, dated July 23, series airplanes: AWL 28–AWL–22 of Section 2009, has been incorporated as of the (q) You must use Boeing Alert Service 9 of Boeing 737–100/200/200C/300/400/500 Bulletin 737–28A1212, Revision 1, dated effective date of this AD, and on which the AWL and Certification Maintenance August 27, 2010; and Section 9 of the Boeing M181, M182, and M183 supplier relay Requirements (CMRs), Document D6–38278– modules are not installed: Within 60 months CMR, Revision August 2010. The initial 737–100/200/200C/300/400/500 after the effective date of this AD, do the compliance time for the actions specified in Airworthiness Limitations (AWLs) and wiring changes and certain bonding AWL 28–AWL–22 is within 1 year after Certification Maintenance Requirements measurements to verify that certain bonding accomplishing the installation required by (CMRs), Document D6–38278–CMR, Revision requirements are met, in accordance with paragraph (g), (h), or (i) of this AD, or within August 2010; as applicable; to do the actions Part 2 of the Accomplishment Instructions of 1 year after the effective date of this AD, required by this AD, unless the AD specifies Boeing Alert Service Bulletin 737–28A1212, whichever occurs later. otherwise. This document is identified as Revision 1, dated August 27, 2010, except as Section 9 only on the List of Effective Pages. provided by paragraphs (j) and (k) of this AD. No Alternative Inspections or Inspection Intervals (1) The Director of the Federal Register Part 3: Certain Bonding Measurements for (m) After accomplishment of the actions approved the incorporation by reference of Certain Airplanes required by paragraph (g), (h), or (i) of this the service information under 5 U.S.C. 552(a) (i) For airplanes on which Boeing Alert AD, as applicable, no alternative inspections and 1 CFR part 51. Service Bulletin 737–28A1212, dated July 23, or inspection intervals may be used, unless (2) For service information identified in 2009, has been incorporated as of the the inspections or intervals are approved as this AD, contact Boeing Commercial effective date of this AD, and on which the an alternative method of compliance in Airplanes, Attention: Data & Services M181, M182, and M183 supplier relay accordance with the procedures specified in Management, P.O. Box 3707, MC 2H–65, modules are installed: Within 60 months paragraph (p) of this AD. Seattle, Washington 98124–2207; telephone after the effective date of this AD, do certain Optional Terminating Action 206–544–5000, extension 1; fax 206–766– bonding measurements to verify that certain 5680; e-mail [email protected]; bonding requirements are met, in accordance (n) Revising the maintenance program to Internet https://www.myboeingfleet.com. with Part 3 of the Accomplishment incorporate AWLs 28–AWL–22 (for Model Instructions of Boeing Alert Service Bulletin 737–300, –400, and –500 series airplanes) (3) You may review copies of the service 737–28A1212, Revision 1, dated August 27, and 28–AWL–23 (for Model 737–100, –200, information at the FAA, Transport Airplane 2010, except as provided by paragraphs (j) and –200C series airplanes) in accordance Directorate, 1601 Lind Avenue, SW., Renton, and (k) of this AD. with paragraphs (g)(1) and (g)(2) of AD 2008– Washington. For information on the 10–09 R1, amendment 39–16148, terminates Note 3: Boeing Alert Service Bulletin 737– availability of this material at the FAA, call the requirements of paragraph (l) of this AD. 28A1212, Revision 1, dated August 27, 2010, 425–227–1221. refers to BAE Systems Service Bulletin 65– Credit for Actions Accomplished in (4) You may also review copies of the 49808–24–01, Revision 1, dated July 19, Accordance With Earlier Revisions of AWLs service information that is incorporated by 2010, as an additional source of guidance for (o) Revising the maintenance program to reference at the National Archives and doing the modification and certain bonding incorporate AWLs 28–AWL–22 (for Model Records Administration (NARA). For resistance measurements on the M181, M182, 737–300, –400, and –500 series airplanes) information on the availability of this and M183 supplier relay modules. and 28–AWL–23 (for Model 737–100, –200, material at an NARA facility, call 202–741– and –200C series airplanes) before the Exceptions to the Service Information 6030, or go to http://www.archives.gov/ effective date of this AD, in accordance with federal_register/code_of_federal_regulations/ (j) Where paragraph 3.B.1.s. of Part 1 of the Section 9 of Boeing 737–100/200/200C/300/ ibr_locations.html. Accomplishment Instructions of Boeing Alert 400/500 Airworthiness Limitations (AWLs) Service Bulletin 737–28A1212, Revision 1, and Certification Maintenance Requirements Issued in Renton, Washington, on May 27, dated August 27, 2010, states the (CMRs), Document D6–38278–CMR, Revision 2011. ‘‘ ’’ applicability as Group 11, Configuration 1, May 2009, is acceptable for compliance with Ali Bahrami, that paragraph also applies to ‘‘Group 13, the requirements of paragraph (l) of this AD. Configuration 1.’’ Manager, Transport Airplane Directorate, (k) The figure in Appendix A, paragraph 1., Alternative Methods of Compliance Aircraft Certification Service. of Boeing Alert Service Bulletin 737– (AMOCs) [FR Doc. 2011–14203 Filed 6–9–11; 8:45 am] 28A1212, Revision 1, dated August 27, 2010, (p)(1) The Manager, Seattle Aircraft BILLING CODE 4910–13–P should be identified as Figure 1 (immediately Certification Office, FAA, has the authority to following the text). approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Maintenance Program Revisions In accordance with 14 CFR 39.19, send your (l) Concurrently with accomplishing the request to your principal inspector or local actions required by paragraph (g), (h), or (i) Flight Standards District Office, as of this AD, as applicable, or within 30 days appropriate. If sending information directly after the effective date of this AD, whichever to the ACO, sent it to ATTN: Georgios occurs later, revise the maintenance program Roussos, Aerospace Engineer, Systems and by incorporating the applicable airworthiness Equipment Branch, ANM–130S, FAA, Seattle

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33991

DEPARTMENT OF TRANSPORTATION Examining the AD Docket portions of the AD. Boeing stated that You may examine the AD docket on repairs to airplane structure, if needed, Federal Aviation Administration the Internet at http:// would also be an AMOC to the AD and www.regulations.gov; or in person at the would need to be noted as such and 14 CFR Part 39 Docket Management Facility between approved by the FAA or a Boeing [Docket No. FAA–2010–1272; Directorate 9 a.m. and 5 p.m., Monday through Authorized Representative designated Identifier 2010–NM–226–AD; Amendment Friday, except Federal holidays. The AD with AMOC authority for the structural 39–16712; AD 2011–12–05] docket contains this AD, the regulatory aspects of this installation. Boeing RIN 2120–AA64 evaluation, any comments received, and added that any repair would need to other information. The address for the address damage tolerance issues Airworthiness Directives; The Boeing Docket Office (phone: 800–647–5527) is associated with 14 CFR 25.571 and 14 Company Model 727, 727C, 727–100, Document Management Facility, U.S. CFR part 26, subpart E. of the Federal 727–100C, 727–200, and 727–200F Department of Transportation, Docket Aviation Regulations. Boeing stated that Series Airplanes Operations, M–30, West Building these requirements are the basis for the Ground Floor, Room W12–140, 1200 AGENCY: Federal Aviation inspections provided in Boeing Service Administration (FAA), DOT. New Jersey Avenue, SE., Washington, Bulletin 727–28–0131, dated August 18, DC 20590. 2010, and changes to the installation ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: with repairs may revise the inspection SUMMARY: We are adopting a new Louis Natsiopoulos, Aerospace requirements. airworthiness directive (AD) for the Engineer, Systems and Equipment We agree with the request to add products listed above. This AD requires Branch, ANM–130S, FAA, Seattle explanatory information to paragraph (i) replacing the existing unshielded fuel Aircraft Certification Office, 1601 Lind of this AD. Any structural repairs that quantity indication system (FQIS) wire Avenue, SW., Renton, Washington cannot be done in accordance with the bundles with double shielded FQIS wire 98057–3356; phone: 425–917–6478; fax: accomplishment instructions of Boeing bundles, installing a new wire feed- 425–917–6590; e-mail: Service Bulletin 727–28–0131, dated through fitting, and grounding the wire [email protected]. August 18, 2010, will require a request shields, as applicable; and doing SUPPLEMENTARY INFORMATION: for an AMOC. The requested AMOC, if repetitive low frequency eddy current it provides an acceptable level of safety, (LFEC) inspections for cracking of the Discussion may be approved by the Boeing fuselage skin, and corrective actions if We issued a notice of proposed necessary. This AD also requires Commercial Airplanes Organization rulemaking (NPRM) to amend 14 CFR Designation Authorization (ODA) that revising the maintenance program to part 39 to include an airworthiness incorporate certain airworthiness has been authorized by the Manager, directive (AD) that would apply to the Seattle ACO to make those findings. limitations. This AD was prompted by specified products. That NPRM fuel system reviews conducted by the Paragraph (i) of this AD has been published in the Federal Register on changed to explain that some designees manufacturer. We are issuing this AD to January 3, 2011 (76 FR 31). That NPRM with AMOC authority for the structures increase the level of protection from proposed to require replacing the portions of the AD might be necessary. lightning strikes and prevent the existing unshielded fuel quantity potential of ignition sources inside fuel indication system (FQIS) wire bundles Conclusion tanks, which, in combination with with double shielded FQIS wire flammable fuel vapors, could result in bundles, installing a new wire feed- We reviewed the relevant data, fuel tank explosions and consequent through fitting, and grounding the wire considered the comments received, and loss of the airplane. shields, as applicable; and doing determined that air safety and the DATES: This AD is effective July 15, repetitive low frequency eddy current public interest require adopting the AD 2011. (LFEC) inspections for cracking of the with the change described previously The Director of the Federal Register fuselage skin, and corrective actions if and minor editorial changes. We have approved the incorporation by reference necessary. That NPRM also proposed to determined that these minor changes: of certain publications listed in the AD require revising the maintenance • as of July 15, 2011. Are consistent with the intent that program to incorporate certain was proposed in the NPRM for ADDRESSES: For service information airworthiness limitations. correcting the unsafe condition; and identified in this AD, contact Boeing Commercial Airplanes, Attention: Data Comments • Do not add any additional burden & Services Management, P.O. Box 3707, We gave the public the opportunity to upon the public than was already MC 2H–65, Seattle, Washington 98124– participate in developing this AD. The proposed in the NPRM. 2207; telephone 206–544–5000, following presents the comment We also determined that these extension 1; fax 206–766–5680; e-mail received on the proposal and the FAA’s changes will not increase the economic [email protected]; Internet response to the comment. burden on any operator or increase the https://www.myboeingfleet.com. You scope of the AD. may review copies of the referenced Request for Explanation of Alternative service information at the FAA, Method of Compliance (AMOC) Costs of Compliance Transport Airplane Directorate, 1601 Authority for Structures Portions of the Lind Avenue, SW., Renton, Washington. NPRM We estimate that this AD affects 566 For information on the availability of Boeing requested that we explain that airplanes of U.S. registry. this material at the FAA, call 425–227– some designees with AMOC authority We estimate the following costs to 1221. may be necessary for the structural comply with this AD:

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33992 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

ESTIMATED COSTS

Cost on U.S. oper- Action Labor cost Parts cost Cost per product ators

Installation ...... Between 86 and 247 work-hours × Between $16,191 Between $23,501 Up to $85 per hour = Between $7,310– and $34,712.1 and $55,707.1 $27,195,925.2 $20,995.1 Inspection ...... 2 work-hours × $85 per hour = $170 $0 ...... $170 ...... $96,220 per in- per inspection cycle. spection cycle. Maintenance Program Revision ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $48,110. 1 Depending on configuration. 2 The cost to U.S. operators is based on configuration and number of airplanes in that configuration.

We have received no definitive data List of Subjects in 14 CFR Part 39 Subject that would enable us to provide a cost (d) Joint Aircraft System Component estimate for the on-condition action Air transportation, Aircraft, Aviation (JASC)/Air Transport Association (ATA) of specified in this AD. safety, Incorporation by reference, America Code 28, Fuel. Safety. Authority for This Rulemaking Unsafe Condition Adoption of the Amendment (e) This AD was prompted by fuel system Title 49 of the United States Code reviews conducted by the manufacturer. We specifies the FAA’s authority to issue Accordingly, under the authority are issuing this AD to increase the level of rules on aviation safety. Subtitle I, delegated to me by the Administrator, protection from lightning strikes and prevent section 106, describes the authority of the FAA amends 14 CFR part 39 as the potential of ignition sources inside fuel the FAA Administrator. Subtitle VII: follows: tanks, which, in combination with flammable Aviation Programs, describes in more fuel vapors, could result in fuel tank detail the scope of the Agency’s PART 39—AIRWORTHINESS explosions and consequent loss of the authority. DIRECTIVES airplane. We are issuing this rulemaking under Compliance the authority described in subtitle VII, ■ 1. The authority citation for part 39 (f) Comply with this AD within the part A, subpart III, section 44701: continues to read as follows: compliance times specified, unless already ‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. done. section, Congress charges the FAA with Installation promoting safe flight of civil aircraft in § 39.13 [Amended] (g) Within 60 months after the effective air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding date of this AD, install double shielded fuel for practices, methods, and procedures quantity indicating system (FQIS) wire the Administrator finds necessary for the following new airworthiness directive (AD): bundles, install a new wire feed-through safety in air commerce. This regulation fitting, and ground the wire shields, as is within the scope of that authority 2011–12–05 The Boeing Company: applicable, in accordance with Part 1 of the because it addresses an unsafe condition Amendment 39–16712; Docket No. Accomplishment Instructions of Boeing that is likely to exist or develop on FAA–2010–1272; Directorate Identifier Service Bulletin 727–28–0131, dated August products identified in this rulemaking 2010–NM–226–AD. 18, 2010. action. Effective Date Repetitive Inspections Regulatory Findings (a) This AD is effective July 15, 2011. (h) At the applicable times specified in paragraphs (h)(1) or (h)(2) of this AD, do low This AD will not have federalism Affected ADs frequency eddy current (LFEC) inspections implications under Executive Order (b) None. for cracking of the fuselage skin, in accordance with Part 2 of the 13132. This AD will not have a Applicability substantial direct effect on the States, on Accomplishment Instructions of Boeing (c) This AD applies to The Boeing Service Bulletin 727–28–0131, dated August the relationship between the national 18, 2010. government and the States, or on the Company Model 727, 727C, 727–100, 727– 100C, 727–200, and 727–200F series (1) For Model 727, 727–100, 727–100C, distribution of power and airplanes, all variable numbers, certificated and 727C series airplanes: Before the responsibilities among the various in any category. accumulation of 45,000 total flight cycles, or within 8,000 flight cycles after the effective levels of government. Note 1: This AD requires revisions to date of this AD, whichever occurs later. For the reasons discussed above, I certain operator maintenance documents to Repeat the inspections thereafter at intervals certify that this AD: include new inspections. Compliance with (1) Is not a ‘‘significant regulatory not to exceed 8,000 flight cycles. these inspections is required by 14 CFR (2) For Model 727–200 and 727–200F action’’ under Executive Order 12866, 91.403(c). For airplanes that have been series airplanes: Before the accumulation of (2) Is not a ‘‘significant rule’’ under previously modified, altered, or repaired in 45,000 total flight cycles, or within 16,000 DOT Regulatory Policies and Procedures the areas addressed by these inspections, the flight cycles after the effective date of this (44 FR 11034, February 26, 1979), operator may not be able to accomplish the AD, whichever occurs later. Repeat the (3) Will not affect intrastate aviation inspections described in the revisions. In this inspections thereafter at intervals not to situation, to comply with 14 CFR 91.403(c), in Alaska, and exceed 16,000 flight cycles. the operator must request approval for an (i) If any cracking is found during any (4) Will not have a significant alternative method of compliance according inspection required by paragraph (h) of this economic impact, positive or negative, to paragraph (l) of this AD. The request AD: Before further flight, repair the crack in on a substantial number of small entities should include a description of changes to accordance with a method approved by the under the criteria of the Regulatory the required inspections that will ensure the Manager, Seattle ACO, FAA. For a repair Flexibility Act. continued operational safety of the airplane. method to be approved, the repair must meet

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33993

the certification basis of the airplane, and the Certification Office, 1601 Lind Avenue, SW., DATES: This action is effective June 10, approval must specifically refer to this AD. Renton, Washington 98057–3356; phone: 2011, and will remain in effect until An alternative method of compliance that 425–917–6478; fax: 425–917–6590; e-mail: December 31, 2011. provides an acceptable level of safety may be [email protected]. used for any repair required by this AD if it FOR FURTHER INFORMATION CONTACT: Material Incorporated by Reference is approved by the Boeing Commercial Nicole Deaner, Senior Advisor, Private Airplanes Organization Designation (n) You must use Boeing Service Bulletin Sector Exchange, 2200 C Street NW., Authorization (ODA) that has been 727–28–0131, dated August 18, 2010; and SA–5, 5th Floor, Washington, DC 20522; authorized by the Manager, Seattle ACO, to Section 9 of the Boeing 727–100/200 e-mail [email protected]. make those findings. Airworthiness Limitations (AWLs) Section 9, Document D6–8766–AWL, Revision August SUPPLEMENTARY INFORMATION: Recent Maintenance Program Revision 2010; to do the actions required by this AD, political turmoil in Libya has affected (j) Before or concurrently with doing the unless the AD specifies otherwise. ‘‘Section Exchange Visitor Program college and actions required by paragraph (g) of this AD, 9’’ is referenced only in the List of Effective university students studying in the or within 30 days after the effective date of Pages section of the Boeing 727–100/200 United States. Many of the students this AD, whichever occurs later: Revise the AWLs Document. dependent upon financial support maintenance program by incorporating (1) The Director of the Federal Register originating in their home country have approved the incorporation by reference of airworthiness limitations (AWL) No. 28– found themselves without funds. To AWL–18 and 28–AWL–19 in Section D of the service information under 5 U.S.C. 552(a) Section 9 (‘‘AIRWORTHINESS and 1 CFR part 51. ameliorate the hardship arising from LIMITATIONS–FUEL SYSTEMS’’) of the (2) For service information identified in this lack of financial support and Boeing 727–100/200 Airworthiness this AD, contact Boeing Commercial facilitate these students’ continued Limitations (AWLs) Document, D6–8766– Airplanes, Attention: Data & Services studies, the Department is suspending AWL, Revision August 2010. The initial Management, P.O. Box 3707, MC 2H–65, the application of the full course of compliance time for AWL No. 28–AWL–18 is Seattle, Washington 98124–2207; telephone study requirement set forth at 22 CFR within 10 years after the accomplishment of 206–544–5000, extension 1; fax 206–766– 5680; e-mail [email protected]; 62.23(e), the application of the paragraph (g) of this AD, or within 10 years requirements governing student after the effective date of this AD, whichever Internet https://www.myboeingfleet.com. occurs later. (3) You may review copies of the service employment set forth at 22 CFR information at the FAA, Transport Airplane 62.23(g), and the application of the No Alternative Inspections, Inspection Directorate, 1601 Lind Avenue, SW., Renton, duration of participation requirements Intervals, or Critical Design Configuration Washington. For information on the set forth at 22 CFR 62.23(h) effective Control Limitations (CDCCLs) availability of this material at the FAA, call June 10, 2011 until December 31, 2011. (k) After accomplishing the action 425–227–1221. The temporary suspension of certain specified in paragraph (j) of this AD, no (4) You may also review copies of the service information that is incorporated by requirements governing program status alternative inspections, inspection intervals, and on-campus and off-campus or CDCCLs may be used unless the reference at the National Archives and inspections, intervals, or CDCCLs are Records Administration (NARA). For employment for J–1 Libyan students approved as an alternative method of information on the availability of this does not apply to Federal Work-Study compliance in accordance with the material at an NARA facility, call 202–741– jobs. procedures specified in paragraph (l) of this 6030, or go to http://www.archives.gov/ College and university students in J– AD. federal_register/code_of_federal_regulations/ 1 status whose means of financial ibr_locations.html. Alternative Methods of Compliance support come from Libya and whose (AMOCs) Issued in Renton, Washington, on May 11, financial support has been disrupted, 2011. reduced, or eliminated due to turmoil in (l)(1) The Manager, Seattle ACO, FAA, has Ali Bahrami, the authority to approve AMOCs for this AD, their home country may be authorized if requested using the procedures found in 14 Manager, Transport Airplane Directorate, by the Responsible Officer of their CFR 39.19. In accordance with 14 CFR 39.19, Aircraft Certification Service. academic institution to pursue full-time send your request to your principal inspector [FR Doc. 2011–13652 Filed 6–9–11; 8:45 am] or part-time on-campus or off-campus or local Flight Standards District Office, as BILLING CODE 4910–13–P employment. A reduction in the appropriate. If sending information directly students’ academic course load may also to the manager of the ACO, send it to the be necessary due to this employment attention of the person identified in the and accordingly, such students will be Related Information section of this AD. DEPARTMENT OF STATE Information may be e-mailed to: 9-ANM- deemed to be in valid J–1 Exchange [email protected]. 22 CFR Part 62 Visitor Program student status if they (2) Before using any approved AMOC, [Public Notice 7500] are (i) an undergraduate student and notify your appropriate principal inspector, enrolled for not less than six semester or lacking a principal inspector, the manager RIN 1400–ZA20 hours of academic credit or its of the local flight standards district office/ recognized equivalent; (ii) a graduate certificate holding district office. Exchange Visitor Program student enrolled for not less than three (3) An AMOC that provides an acceptable hours of academic credit or its level of safety may be used for any repair AGENCY: Department of State. required by this AD if it is approved by the ACTION: Notice of suspension of recognized equivalent; (iii) a non-degree Boeing Commercial Airplanes ODA that has applicability of certain requirements. student actively participating on not been authorized by the Manager, Seattle less than a half-time equivalent basis in ACO, to make those findings. For a repair SUMMARY: The Department is the prescribed course of study for which method to be approved, the repair must meet temporarily suspending the application the student was initially authorized J–1 the certification basis of the airplane, and the of certain requirements governing student status; or (iv) a non-degree approval must specifically refer to this AD. program status and on-campus and off- student actively pursuing English Related Information campus employment for J–1 Libyan language instruction on not less than a (m) For more information about this AD, students. This action is necessary to half-time equivalent basis. contact Louis Natsiopoulos, Aerospace mitigate the adverse impact upon these Responsible officers who authorize Engineer, Systems and Equipment Branch, students due to political turmoil in their on-campus or off-campus employment ANM–130S, FAA, Seattle Aircraft home country. for these students should update the

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33994 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

students’ SEVIS record by notating in the Federal Register (73 FR 34185) successor form) relating to the credit the remarks box of their electronic relating to the election and calculation determined under section 41(a)(1), the record: ‘‘Special Student Relief work of the alternative simplified credit AIRC, or the ASC, as appropriate, and authorization granted until December (ASC) under section 41(c)(5). The ASC attaches the completed form to the 31, 2011.’’ If a reduced course load is was added by the Tax Relief and Health taxpayer’s timely filed (including also authorized due to employment, the Care Act of 2006 (Public Law 109–432, extensions) original return for the year responsible officer should also record 120 Stat. 2922, December 20, 2006). A to which it applies. As is the case with this fact in the SEVIS record comment notice of proposed rulemaking cross- a revocation of an AIRC election under box as: ‘‘reduced course load referencing the temporary regulations § 1.41–8, an ASC election under section authorized.’’ was also published in the same issue of 41(c)(5) may not be made or revoked on The Department’s suspension of the the Federal Register (73 FR 34237). an amended return. Consistent with this application of the requirements set forth Written and electronic comments position, the final regulations also in 22 CFR 62.23(e), 22 CFR 62.23(g) and responding to these regulations provide that an extension of time to 22 CFR 62.23(h) for these identified (collectively, the 2008 regulations) were make or revoke an election under students will remain in effect until received and a public hearing was held sections 41(c)(4) and 41(c)(5) will not be December 31, 2011. on the 2008 regulations on September granted under § 301.9100–3. 25, 2008. After consideration of the One commenter suggested changing Dated: June 6, 2011. comments received and the statements the ASC short taxable year rules in the Joseph A. Ereli, made at the public hearing, the 2008 2008 regulations to prorate short years Principal Deputy Assistant Secretary, Bureau regulations are adopted as revised by by the number of days in the year of Educational and Cultural Affairs, this Treasury decision. instead of the number of months in the Department of State. year. The Treasury Department and the [FR Doc. 2011–14499 Filed 6–9–11; 8:45 am] Summary of Comments and IRS agree that calculating the ASC for BILLING CODE 4710–05–P Explanation of Changes short taxable years on a daily rather The 2008 regulations were issued than a monthly basis provides a more primarily to provide guidance on the accurate calculation and removes DEPARTMENT OF THE TREASURY election and calculation of the ASC. uncertainty as to whether and how to Section 1.41–9T(b) of the 2008 include a partial month in making the Internal Revenue Service regulations provide that an election to monthly calculation. Accordingly, the make or revoke the provisions of the final regulations generally require that 26 CFR Part 1 ASC under section 41(c)(5) must be short taxable years be prorated by the [TD 9528] made on a timely filed (including number of days in the year instead of extensions) original return for the the number of months in the year for RIN 1545–BH32 taxable year and may not be made on an taxable years ending after June 9, 2011. amended return. Before the issuance of Recognizing that some taxpayers may Alternative Simplified Credit Under the 2008 regulations, identical election have already filed returns using a Section 41(c)(5) procedures existed for the alternative monthly calculation for a short taxable AGENCY: Internal Revenue Service (IRS), incremental research credit (AIRC) year, the final regulations also provide Treasury. under § 1.41–8. The 2008 regulations that returns filed for taxable years extended these election procedures to ending within a specified time period ACTION: Final regulations and removal of the ASC under § 1.41–9T. The 2008 temporary regulations. may, at the taxpayer’s option, be regulations also provided that amended to reflect the daily calculation. extensions of time to make or revoke the SUMMARY: This document contains final Special Analyses regulations relating to the election and election for both the AIRC and the ASC calculation of the alternative simplified will not be granted under § 301.9100–3. It has been determined that this credit under section 41(c)(5) of the In the case of the AIRC, the 2008 Treasury decision is not a significant Internal Revenue Code (Code). The final regulations are of limited duration as regulatory action as defined in regulations affect certain taxpayers section 41(h)(2) provides that no Executive Order 12866. Therefore, a claiming the credit under section 41. election under section 41(c)(4) shall regulatory assessment is not required. It These final regulations implement apply to taxable years beginning after also has been determined that section changes to the credit for increasing December 31, 2008. 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply research activities under section 41 Commenters stated that these to these regulations. It is hereby made by the Tax Relief and Health Care provisions of the 2008 regulations are certified that these regulations will not Act of 2006. restrictive and asked that they be excluded from the final regulations. have a significant economic impact on DATES: Effective Date: These regulations The Treasury Department and the IRS a substantial number of small entities. are effective on June 9, 2011. believe that both tax administration and Although a substantial number of small Applicability Date: For dates of fairness are best served by adopting the entities may make an election under applicability, see §§ 1.41–6(j)(3), 1.41– same election procedures for the ASC these regulations, any economic impact 8(b)(5), and 1.41–9(d). that are used for the AIRC under § 1.41– is minimal. This certification is based FOR FURTHER INFORMATION CONTACT: 8. A taxpayer may make or revoke an upon the fact that the information David Selig (202) 622–3040 (not a toll- election each taxable year by obtaining required by these regulations is already free number). the consent of the Commissioner. A required to be maintained under the SUPPLEMENTARY INFORMATION: taxpayer is deemed to have requested, statute and current regulations. These and to have been granted, the consent of regulations add little or no new burden Background the Commissioner to make or revoke an to the existing requirements. On June 17, 2008, the Treasury election if the taxpayer completes the Additionally, an election under these Department and the IRS published final portion of Form 6765, ‘‘Credit for regulations generally will simplify the and temporary regulations (TD 9401) in Increasing Research Activities,’’ (or calculation of the credit and may result

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33995

in a benefit to the taxpayer. § 1.41–8 Alternative incremental credit (c) * * * Accordingly, a regulatory flexibility applicable for taxable years beginning on or before December 31, 2008. (2) Stand-alone entity credit. The term analysis under the Regulatory stand-alone entity credit means the * * * * * Flexibility Act (5 U.S.C. chapter 6) is research credit (if any) that would be not required. Pursuant to section 7805(f) (b) * * * (4) * * * allowable to a member of a controlled of the Code, these regulations have been group if the credit were computed as if submitted to the Chief Counsel for (i) In general. (ii) Designated member. section 41(f)(1) did not apply, except Advocacy of the Small Business * * * * * that the member must apply the rules Administration for comment on its provided in § 1.41–6(d)(1) (relating to impact on small business. § 1.41–9 Alternative simplified credit. consolidated groups) and § 1.41–6(i) Drafting Information (a) Determination of credit. (relating to intra-group transactions). (b) Election. Each member’s stand-alone entity credit The principal author of these (1) In general. for any credit year must be computed regulations is David Selig, Office of the (2) Time and manner of election. under whichever available method (the Associate Chief Counsel (Passthroughs (3) Revocation. method described in section 41(a)(1), and Special Industries). However, other (4) Special rules for controlled groups. the method described in section personnel from the IRS and the Treasury (i) In general. 41(c)(4), or the method described in (ii) Designated member. Department participated in their section 41(c)(5)) results in the greatest development. (c) Special rules. (1) Qualified research expenditures stand-alone entity credit for that List of Subjects in 26 CFR Part 1 (QREs) required in all years. member, without regard to the method used to compute the group credit. Income taxes, Reporting and (2) Section 41(c)(6) applicability. (3) Short taxable years. * * * * * recordkeeping requirements. (i) General rule. (ii) Limited exception. (e) Examples. The following examples Adoption of Amendments to the illustrate the provisions of this section. Regulations (4) Controlled groups. (d) Effective/applicability dates. Unless otherwise stated, no members of Accordingly, 26 CFR part 1 is a controlled group are members of a amended as follows: § 1.41–0T [Removed] consolidated group, no member of the ■ Par. 3. Section 1.41–0T is removed. group made any basic research PART 1—INCOME TAXES ■ Par. 4. Section 1.41–6 is amended as payments or paid or incurred any follows: amounts to an energy research ■ Paragraph 1. The authority citation ■ 1. Paragraphs (b)(1), (c)(2), (e) consortium, and the group has not made for part 1 is amended by removing introductory text, paragraph (j) an AIRC election (except as provided in § 1.41–0T to read in part as follows: introductory text heading, and (j)(3) are Example 6) or an ASC election (except Authority: 26 U.S.C. 7805 * * * revised. as provided in Example 7). ■ 2. Adding new Example 7 to Section 1.41–8 also issued under 26 U.S.C. * * * * * 41(c)(4)(B). Section 1.41–9 also issued under paragraph (e). Example 7. Group alternative simplified 26 U.S.C. 41(c)(5)(C). * * * The revisions and addition read as credit. The following example illustrates a follows: group computation in a year for which the ■ Par. 2. Section 1.41–0 is amended as § 1.41–6 Aggregation of expenditures. ASC method under section 41(c)(5) is in follows: effect. No members of the controlled group ■ 1. Under § 1.41–6, the entries for * * * * * (b) Computation of the group credit— are members of a consolidated group and no paragraphs (j) introductory text and (1) In general. All members of a member of the group made any basic research (j)(3) are revised. controlled group are treated as a single payments or paid or incurred any amounts to ■ 2. Under § 1.41–8, the section heading taxpayer for purposes of computing the an energy research consortium. is revised and entries for paragraphs research credit. The group credit is (i) Facts. Q, R, and S, all of which are calendar-year taxpayers, are members of a (b)(4)(i) and (b)(4)(ii) are added. computed by applying all of the section controlled group. The research credit under ■ 3. Revising the entry for § 1.41–9. 41 computational rules on an aggregate section 41(a)(1) is not allowable to the group The revisions and additions read as basis. All members of a controlled group follows: for the 2011 taxable year (the credit year) must use the same method of because the group’s aggregate QREs for the computation: The method described in § 1.41–0 Table of contents. credit year are less than the group’s base section 41(a)(1), the alternative * * * * * amount. The group does not use the AIRC incremental credit (AIRC) method method of section 41(c)(4) because it is § 1.41–6 Aggregation of expenditures. described in section 41(c)(4) (available unavailable for taxable years beginning after for years beginning on or before December 31, 2008. The group credit is * * * * * December 31, 2008), or the alternative (j) Effective/applicability dates. computed using the ASC rules of section simplified credit (ASC) method 41(c)(5). Assume that each member of the * * * * * described in section 41(c)(5), in group had QREs in each of the three years (3) Taxable years ending after June 9, computing the group credit for a credit preceding the credit year. For purposes of 2011. year. computing the group credit for the credit * * * * * * * * * * year, Q, R, and S had the following:

Group Q R S aggregate

Credit Year QREs ...... $0x $20x $30x $50x Average QREs for 3 Years Preceding the Credit Year ...... $10x $20x $10x $40x

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33996 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

(ii) Computation of the group credit. The alone entity credit for each member of the entity credits of the members of the group is research credit allowable to the group is group must be computed using the method $4.9x. Because the group credit of $4.2x is computed as if Q, R, and S are one taxpayer. that results in the greatest stand-alone entity less than the sum of the stand-alone entity The group credit is equal to 14 percent of so credit for that member. The stand-alone credits of all the members of the group much of the QREs for the credit year as entity credit for Q is zero under the regular ($4.9x), the group credit is allocated among exceeds 50 percent of the average QREs for or ASC methods. Assume that the stand- the members of the group based on the ratio the three taxable years preceding the credit alone entity credit for each of R ($1.4x) and year. The group credit is 0.14 × ($50x ¥ (0.5 S ($3.5x) is greatest using the ASC method. that each member’s stand-alone entity credit × $40x)), which equals $4.2x. Therefore, the stand-alone entity credits for bears to the sum of the stand-alone entity (iii) Allocation of the group credit. Under each of R and S must be computed using the credits of all the members of the group. The paragraph (c)(2) of this section, the stand- ASC method. The sum of the stand-alone $4.2x group credit is allocated as follows:

Q R S Total

Stand-Alone Entity Credit ...... $0x $1.4x $3.5x $4.9x Allocation Ratio (Stand-Alone Entity Credit/Sum of Stand-Alone Entity Credits) ...... 0/4.9 1.4/4.9 3.5/4.9 Multiplied by: Group Credit ...... $4.2x $4.2x $4.2x Equals: Credit Allocated to Member ...... $0x $1.2x $3x $4.2x

* * * * * to the amount determined under section allocated $5x of the group credit, which (j) Effective/applicability dates. *** 41(a)(1) (the regular credit) or the is the largest share of the group credit alternative simplified credit (ASC) and computed using the AIRC method. For * * * * * (3) Taxable years ending after June 9, attaches the completed form to the the credit year, the group credit using 2011. Paragraphs (b)(1), (c)(2), and (e) of taxpayer’s timely filed (including the ASC method is $10x. Under the ASC this section are applicable for taxable extensions) original return for the year method, C would be allocated $5x of the years ending after June 9, 2011. For to which the revocation applies. An group credit, which is the largest share taxable years ending on or before June election under section 41(c)(4) may not of the group credit computed using the 9, 2011, see §§ 1.41–6T and 1.41–6 as be revoked on an amended return. An ASC method. Because the group credit contained in 26 CFR part 1, revised extension of time to revoke an election is greatest using the AIRC method and April 1, 2011. under section 41(c)(4) will not be B is allocated the greatest amount of granted under § 301.9100–3 of this credit under that method, B is the § 1.41–6T [Removed] chapter. designated member. Therefore, if B (4) * * * makes a section 41(c)(4) election on its ■ Par. 5. Section 1.41–6T is removed. (ii) Designated member. For purposes original timely filed return for the credit ■ Par. 6. In § 1.41–8, the section of this paragraph (b)(4), for any credit year, that election is binding on all heading and paragraphs (b)(2), (b)(3), year, the term designated member members of the group for the credit (b)(4)(ii), and (b)(5) are revised to read means that member of the group that is year. as follows: allocated the greatest amount of the (5) Effective/applicability dates. This § 1.41–8 Alternative incremental credit group credit under § 1.41–6(c) based on section is applicable for taxable years applicable for taxable years beginning on or the amount of credit reported on the ending after June 9, 2011. For taxable before December 31, 2008. taxpayer’s timely filed (including years ending on or before June 9, 2011, * * * * * extensions) original Federal income tax see §§ 1.41–8 and 1.41–8T, as contained (b) * * * return (even if that member in 26 CFR part 1, revised April 1, 2011. (2) Time and manner of election. An subsequently is determined not to be the election under section 41(c)(4) is made designated member). If the members of § 1.41–8T [Removed] by completing the portion of Form 6765, a group compute the group credit using ■ Par. 7. Section 1.41–8T is removed. ‘‘Credit for Increasing Research different methods (the method ■ Par. 8. Section 1.41–9 is revised to Activities,’’ (or successor form) relating described in section 41(a)(1), the AIRC read as follows: to the election of the AIRC, and method of section 41(c)(4) (available for attaching the completed form to the years beginning on or before December § 1.41–9 Alternative simplified credit. taxpayer’s timely filed (including 31, 2008), or the ASC method of section (a) Determination of credit. At the extensions) original return for the 41(c)(5)) and at least two members of the election of the taxpayer, the credit taxable year to which the election group qualify as the designated member, determined under section 41(a)(1) applies. An election under section then the term designated member means equals the amount determined under 41(c)(4) may not be made on an that member that computes the group section 41(c)(5). amended return. An extension of time to credit using the method that yields the (b) Election—(1) In general. A make an election under section 41(c)(4) greatest group credit. For example, A, B, taxpayer may elect to apply the will not be granted under § 301.9100–3 C, and D are members of a controlled provisions of the alternative simplified of this chapter. group but are not members of a credit (ASC) in section 41(c)(5) for any (3) Revocation. An election under this consolidated group. For the 2008 taxable year of the taxpayer ending after section may not be revoked except with taxable year (the credit year), the group December 31, 2006. If a taxpayer makes the consent of the Commissioner. A credit using the method described in an election under section 41(c)(5), the taxpayer is deemed to have requested, section 41(a)(1) is $10x. Under this election applies to the taxable year for and to have been granted, the consent of method, A would be allocated $5x of the which made and all subsequent taxable the Commissioner to revoke an election group credit, which would be the largest years unless revoked in the manner under section 41(c)(4) if the taxpayer share of the group credit under this prescribed in paragraph (b)(3) of this completes the portion of Form 6765, method. For the credit year, the group section. ‘‘Credit For Increasing Research credit using the AIRC method is $15x. (2) Time and manner of election. An Activities,’’ (or successor form) relating Under the AIRC method, B would be election under section 41(c)(5) is made

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33997

by completing the portion of Form 6765, method of section 41(c)(4), or the ASC for which the period of limitations has ‘‘Credit for Increasing Research method of section 41(c)(5)) and at least not expired, may be amended to apply Activities,’’ (or successor form) relating two members of the group qualify as the the daily calculation for short taxable to the election of the ASC, and attaching designated member, then the term years provided in paragraph (3)(i) of this the completed form to the taxpayer’s designated member means that member section in lieu of the monthly timely filed (including extensions) that computes the group credit using the calculation for short taxable years original return for the taxable year to method that yields the greatest group provided in § 1.41–9T(c)(4). which the election applies. An election credit. For example, A, B, C, and D are (4) Controlled groups. For purposes of under section 41(c)(5) may not be made members of a controlled group but are computing the group credit under on an amended return. An extension of not members of a consolidated group. § 1.41–6, a controlled group must apply time to make an election under section For the 2011 taxable year (the credit the rules of this paragraph (c) on an 41(c)(5) will not be granted under year), the group credit using the method aggregate basis. For example, if the § 301.9100–3 of this chapter. described in section 41(a)(1) is $10x. controlled group has QREs in each of (3) Revocation. An election under this Under this method, A would be the three taxable years preceding the section may not be revoked except with allocated $5x of the group credit, which taxable year for which the credit is the consent of the Commissioner. A would be the largest share of the group being determined, the controlled group taxpayer is deemed to have requested, credit under this method. For the credit applies the credit computation provided and to have been granted, the consent of year, the group credit using the ASC by section 41(c)(5)(A) rather than the Commissioner to revoke an election method is $15x. Under the ASC method, section 41(c)(5)(B)(ii). under section 41(c)(5) if the taxpayer C would be allocated $5x of the group (d) Effective/applicability dates. This completes the portion of Form 6765 (or credit, which is the largest share of the section is applicable for taxable years successor form) relating to the credit group credit computed using the ASC ending after June 9, 2011. For taxable determined under section 41(a)(1) (the method. Because the group credit is years ending on or before June 9, 2011, regular credit) or the alternative greatest using the ASC method and C is see § 1.41–9T as contained in 26 CFR incremental credit (AIRC) and attaches allocated the greatest amount of credit part 1, revised April 1, 2011. the completed form to the taxpayer’s under that method, C is the designated timely filed (including extensions) member. Therefore, if C makes a section § 1.41–9T [Removed] original return for the year to which the 41(c)(5) election on its timely filed revocation applies. An election under (including extensions) original return ■ Par. 9. Section 1.41–9T is removed. section 41(c)(5) may not be revoked on for the credit year, that election is Steven T. Miller, an amended return. An extension of binding on all members of the group for Deputy Commissioner for Services and time to revoke an election under section the credit year. Enforcement. 41(c)(5) will not be granted under (c) Special rules—(1) Qualified Approved: June 2, 2011 § 301.9100–3 of this chapter. research expenses (QREs) required in all Emily S. McMahon, (4) Special rules for controlled years. Unless a taxpayer has QREs in groups—(i) In general. In the case of a each of the three taxable years preceding Acting Assistant Secretary of the Treasury controlled group of corporations, all the the taxable year for which the credit is (Tax Policy). members of which are not included on being determined, the credit equals that [FR Doc. 2011–14407 Filed 6–9–11; 8:45 am] a single consolidated return, an election percentage of the QREs for the taxable BILLING CODE 4830–01–P (or revocation) must be made by the year provided by section 41(c)(5)(B)(ii). designated member by satisfying the (2) Section 41(c)(6) applicability. requirements of paragraphs (b)(2) or QREs for the three taxable years DEPARTMENT OF THE TREASURY preceding the credit year must be (b)(3) of this section (whichever Internal Revenue Service applies), and such election (or determined on a basis consistent with revocation) by the designated member the definition of QREs for the credit 26 CFR Part 1 shall be binding on all the members of year, without regard to the law in effect the group for the credit year to which for the three taxable years preceding the [TD 9529] the election (or revocation) relates. If the credit year. This consistency RIN 1545–BK01 designated member fails to timely make requirement applies even if the period (or revoke) an election, each member of for filing a claim for credit or refund has Requirements for Taxpayers Filing the group must compute the group expired for any of the three taxable Form 5472 credit using the method used to years preceding the credit year. compute the group credit for the (3) Short taxable years—(i) General AGENCY: Internal Revenue Service (IRS), immediately preceding credit year. rule. If one or more of the three taxable Treasury. (ii) Designated member. For purposes years preceding the credit year is a short ACTION: Temporary regulations. of this paragraph (b)(4), for any credit taxable year, then the QREs for such year, the term designated member year are deemed to be equal to the QREs SUMMARY: This document contains means that member of the group that is actually paid or incurred in that year temporary regulations that remove the allocated the greatest amount of the multiplied by 365 and divided by the duplicate filing requirement for Form group credit under § 1.41–6(c) based on number of days in that year. If a credit 5472, ‘‘Information Return of a 25% the amount of credit reported on the year is a short taxable year, then the Foreign-Owned U.S. Corporation or a taxpayer’s timely filed (including average QREs for the three taxable years Foreign Corporation Engaged in a U.S. extensions) original Federal income tax preceding the credit year are modified Trade or Business.’’ The temporary return (even if that member by multiplying that amount by the regulations affect certain 25-percent subsequently is determined not to be the number of days in the short taxable year foreign-owned domestic corporations designated member). If the members of and dividing the result by 365. and certain foreign corporations that are a group compute the group credit using (ii) Limited exception. Returns filed engaged in a trade or business in the different methods (the method for taxable years ending after December United States that are required to file described in section 41(a)(1), the AIRC 31, 2006, and before June 9, 2011, and Form 5472. The text of the temporary

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 33998 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

regulations also serves as the text of the duplicate Form 5472 with the Internal IRS, the duplicate filing requirement proposed regulations set forth in the Revenue Service Center in Philadelphia, contained in § 1.6038A–2(d) is no longer Proposed Rules section in this issue of PA (duplicate filing requirement). necessary. Upon the effective date of the Federal Register. Section 1.6038A–2(e) provides that if a these temporary regulations, the DATES: Effective Date: These regulations reporting corporation’s income tax duplicate filing of Form 5472 will no are effective June 10, 2011. return is not timely filed, Form 5472 longer be required regardless of whether Applicability Dates: For dates of nonetheless is required to be filed (with the reporting corporation files a paper or applicability, see §§ 1.6038A–1T(n) and a duplicate to the Internal Revenue an electronic income tax return. The 1.6038A–2(h). Service Center in Philadelphia, PA) at temporary regulations implement this FOR FURTHER INFORMATION CONTACT: the service center where the return is change by removing from § 1.6038A– Gregory A. Spring, (202) 435–5265 (not due (untimely filed return provision). 2(d), the duplicate filing requirement a toll-free number). When the income tax return is and the electronic filing provision. ultimately filed, a copy of Form 5472 As a conforming amendment, the SUPPLEMENTARY INFORMATION: must be attached to the return. temporary regulations also remove the Background On February 9, 2004, the Treasury duplicate filing requirement from the Department and the IRS published in untimely filed return provision of Section 6038A of the Internal the Federal Register (69 FR 5931) final § 1.6038A–2(e). In addition, the Revenue Code (Code) generally requires regulations and temporary regulations temporary regulations remove the information reporting by a 25-percent (2004 temporary regulations) (TD 9113, reference in § 1.6038A–2(e) to ‘‘at the foreign-owned domestic corporation 2004–1 CB 524) under section 6038A service center where the return is due’’ with respect to certain transactions regarding the duplicate filing in order to avoid any implication that between such corporation and certain requirement. The text of the 2004 the untimely filed return provision can related parties. Similarly, section 6038C temporary regulations also served as the only be satisfied by filing a paper Form generally requires a foreign corporation text of proposed regulations (REG– 5472. However, while the Treasury engaged in a trade or business within 167217–03, 2004–1 CB 540) set forth in Department and the IRS intend that a the United States at any time during the the proposed rules section of the same timely filed electronic Form 5472 would taxable year to report the information issue of the Federal Register (69 FR be treated as satisfying the untimely described in section 6038A with respect 5940–01) (2004 proposed regulations). filed return provision, there are to certain transactions between such The 2004 temporary regulations currently no procedures for corporation and certain related parties. provided that the duplicate filing electronically filing Form 5472 On June 19, 1991, the Treasury requirement of § 1.6038A–2(d) is independent of an electronically filed Department and the IRS published in satisfied if Form 5472 is timely filed income tax return. Thus, a reporting the Federal Register (56 FR 28056) final electronically (electronic filing corporation that does not timely file an regulations (TD 8353, 1991–2 CB 402) provision). The 2004 temporary income tax return must still timely file under section 6038A (1991 final regulations did not add a conforming a paper Form 5472 in order to satisfy the regulations). A correction to TD 8353 electronic filing provision to § 1.6038A– untimely filed return provision. If the was published in the Federal Register 2(e) (containing the untimely filed IRS institutes procedures for the (56 FR 41792) on August 23, 1991. The return provision) because the electronic separate electronic filing of Form 5472, 1991 final regulations contained filing of Form 5472 other than as an reporting corporations will no longer be guidance under a number of provisions attachment to an electronically filed required to file a paper Form 5472 when including §§ 1.6038A–1 and 1.6038A–2 income tax return was not technically filing the Form 5472 separate from an regarding information reporting possible at the time the 2004 temporary income tax return. requirements under sections 6038A and regulations were published. However, Lastly, the temporary regulations 6038C. Section 1.6038A–1(c)(1) defines the preamble to the 2004 temporary amend the effective date provisions of a reporting corporation as: (i) A regulations states that the Treasury § 1.6038A–1(n) to provide that the domestic corporation that is 25-percent Department and the IRS intend that a amendments to § 1.6038A–2(d) and (e) foreign-owned; (ii) a foreign corporation Form 5472 that is timely and separately apply for taxable years ending on or that is 25-percent foreign-owned and filed electronically, once technically after June 10, 2011. engaged in trade or business within the possible, would be treated as satisfying The text of the temporary regulations United States; or (iii) (after November 4, the duplicate filing requirement of also serves as the text of the proposed 1990) a foreign corporation engaged in § 1.6038A–2(e). regulations set forth in the Proposed a trade or business within the United On September 15, 2004, the Treasury Rules section in this issue of the Federal States at any time during a taxable year. Department and the IRS published in Register. Section 1.6038A–2(a)(1) generally the Federal Register (69 FR 55499–02) Special Analyses requires a reporting corporation to file a final regulations (TD 9161, 2004–2 CB separate annual information return on 704) that adopted the 2004 proposed It has been determined that this Form 5472, ‘‘Information Return of a regulations without change (2004 final temporary regulation is not a significant 25% Foreign-Owned U.S. Corporation regulations). As part of the 2004 final regulatory action as defined in or a Foreign Corporation Engaged in a regulations, § 1.6038A–1(n)(2) Executive Order 12866. Therefore, a U.S. Trade or Business,’’ with respect to (providing effective dates) was also regulatory assessment is not required. It each related party with which the amended to indicate that the electronic has also been determined that section reporting corporation has had any filing provision applies for taxable years 553(b) of the Administrative Procedure reportable transaction during the taxable ending on or after January 1, 2003. TD Act (5 U.S.C. chapter 5) does not apply year. Section 1.6038A–2(d) requires a 9161 also removed the text of the 2004 to these regulations. For the reporting corporation to file Form 5472 temporary regulations. applicability of the Regulatory with its income tax return for the Flexibility Act (5 U.S.C chapter 6) refer taxable year by the due date of that Explanation of Provisions to the Special Analyses section of the return. Section 1.6038A–2(d) also As a result of advances in electronic preamble of the cross-referenced notice requires a reporting corporation to file a processing and data collection in the of proposed rulemaking published in

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 33999

the Proposed Rules section in this issue (n)(3) through (n)(6) [Reserved]. For This document corrects that error by of the Federal Register. Pursuant to further guidance see § 1.6038A–1(n)(3) removing those cross-references. section 7805(f) of the Code, this through (6). DATES: Effective Date: June 10, 2011. regulation has been submitted to the ■ Par. 4. Section 1.6038A–2 is amended Chief Counsel for Advocacy of the Small by revising paragraphs (d) and (e) to FOR FURTHER INFORMATION CONTACT: Business Administration for comment read as follows: Molly McCann, Office of Regulation on its impact on small business. Policy and Management (02REG), § 1.6038A–2 Requirement of return. Drafting Information Department of Veterans Affairs, 810 * * * * * Vermont Avenue, NW., Washington, DC The principal author of these (d) [Reserved]. For further guidance, 20420, (202) 461–4902. (This is not a regulations is Gregory A. Spring, Office see § 1.6038A–2T(d). toll-free number). of Associate Chief Counsel (e) [Reserved]. For further guidance, (International). However, other see § 1.6038A–2T(e). SUPPLEMENTARY INFORMATION: On personnel from the IRS and the Treasury * * * * * February 6, 1997 (62 FR 5528), VA Department participated in its ■ Par. 5. Section 1.6038A–2T is added amended 38 CFR part 3 to eliminate development. to read as follows: gender-specific language. As part of that amendment, VA removed 38 CFR 3.51. List of Subjects in 26 CFR Part 1 § 1.6038A–2T Requirement of return At that time, we failed to remove all the Income taxes, Reporting and (temporary). cross-references to 38 CFR 3.51 in other recordkeeping requirements. (a) through (c) [Reserved]. For further parts of 38 CFR. As § 3.51 has been guidance, see § 1.6038A–2(a) through Amendments to the Regulations removed, any cross-references to it are (c). obsolete and should have been Accordingly, 26 CFR part 1 is (d) Time for filing returns. A Form eliminated. This document corrects amended as follows: 5472 required under this section must those sections which refer to 38 CFR be filed with the reporting corporation’s PART 1—INCOME TAXES 3.51 by removing the cross-reference. income tax return for the taxable year by These nonsubstantive technical the due date (including extensions) of ■ corrections are made for clarity and Paragraph 1. The authority citation that return. accuracy. With this action, VA is for part 1 continues to read in part as (e) Untimely filed return. If the follows: reporting corporation’s income tax amending 38 CFR part 18, Subpart E, Authority: 26 U.S.C. 7805 * * * return is untimely filed, Form 5472 Appendix B and 38 CFR 21.260(d), nonetheless must be timely filed. When which contain cross-references to 38 ■ Par. 2. Section 1.6038A–1 is amended the reporting corporation’s income tax CFR 3.51. by revising paragraph (n)(2) to read as return is ultimately filed, a copy of Administrative Procedure Act follows: Form 5472 must be attached. § 1.6038A–1 General requirements and (f) through (h) [Reserved]. For further This action is a technical correction to definitions. guidance, see § 1.6038A–2(f) through cross-references in two regulations. * * * * * (h). Accordingly, it is exempt from the prior (n) * * * Approved: May 2, 2011. notice-and-comment and delayed- (2) [Reserved]. For further guidance, Steven T. Miller, effective-date requirements of 5 U.S.C. see § 1.6038A–1T(n)(2). Deputy Commissioner for Services and 553. * * * * * Enforcement. List of Subjects Emily S. McMahon, ■ Par. 3. Section 1.6038A–1T is added Acting Assistant Secretary for the Treasury 38 CFR Part 18 to read as follows: (Tax Policy). Administrative practice and [FR Doc. 2011–14468 Filed 6–9–11; 8:45 am] § 1.6038A–1T General requirements and procedure, Aged, Authority delegations, definitions (temporary). BILLING CODE 4830–01–P Blind, Buildings, Civil rights, (a) through (n)(1) [Reserved]. For Employment, Equal educational further guidance see § 1.6038A–1(a) opportunity, Equal employment DEPARTMENT OF VETERANS through (n)(1). opportunity, Grant programs, AFFAIRS (2) Section 1.6038A–2. Section Handicapped, Investigations. 1.6038A–2 (relating to the requirement 38 CFR Parts 18 and 21 to file Form 5472) generally applies for 38 CFR Part 21 RIN 2900–AI36 taxable years beginning after July 10, Administrative practice and 1989. However, § 1.6038A–2 as it Spouse and Surviving Spouse; procedure, Armed forces, Civil rights, applies to reporting corporations whose Technical Amendment Claims, Colleges and universities, sole trade or business in the United Conflict of interests, Education, States is a banking, financing, or similar AGENCY: Department of Veterans Affairs. Employment, Grant programs— business as defined in § 1.864–4(c)(5)(i) ACTION: Final rule; correcting education, Grant programs—veterans, applies for taxable years beginning after amendments. December 10, 1990. Section 1.6038A– Health care, Loan programs—education, 2(d) and (e) apply for taxable years SUMMARY: The Department of Veterans Loan programs—veterans, Manpower ending on or after June 10, 2011. For Affairs published a document on training programs, Reporting and taxable years ending prior to June 10, February 6, 1997, amending 38 CFR part recordkeeping requirements, Schools, 2011, see § 1.6038A–2(d) and (e) as 3 by removing § 3.51. At that time, we Travel and transportation expenses, contained in 26 CFR part 1 revised as of failed to remove all the cross-references September 15, 2004. to 38 CFR 3.51 in other parts of 38 CFR.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 34000 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Veterans, Vocational education, (SIP) which was submitted on that is placed in the public docket and Vocational rehabilitation. November 16, 2006 by the Pennsylvania made available on the Internet. If you Department of Environmental Protection submit an electronic comment, EPA William F. Russo, (PADEP). This change to Allegheny recommends that you include your Deputy Director, Office of Regulation Policy County’s Air Pollution Control Rules name and other contact information in and Management, Office of the General Counsel, Department of Veterans Affairs. and Regulations amends the existing the body of your comment and with any requirements for sources locating in or disk or CD–ROM you submit. If EPA For the reasons set out in the impacting a nonattainment area in cannot read your comment due to preamble, 38 CFR parts 18 and 21 are Allegheny County by incorporating technical difficulties and cannot contact correctly amended as follows: Federal modeling requirements. EPA is you for clarification, EPA may not be PART 18—NONDISCRIMINATION IN approving these revisions to the able to consider your comment. FEDERALLY-ASSISTED PROGRAMS Pennsylvania SIP in accordance with Electronic files should avoid the use of OF THE DEPARTMENT OF VETERANS the requirements of the Clean Air Act special characters, any form of AFFAIRS—EFFECTUATION OF TITLE (CAA). encryption, and be free of any defects or VI OF THE CIVIL RIGHTS ACT OF 1964 DATES: This rule is effective on August viruses. 9, 2011 without further notice, unless Docket: All documents in the ■ 1. The authority citation for 38 CFR EPA receives adverse written comment electronic docket are listed in the part 18, subpart E continues to read as by July 11, 2011. If EPA receives such http://www.regulations.gov index. follows: comments, it will publish a timely Although listed in the index, some withdrawal of the direct final rule in the information is not publicly available, Authority: Age Discrimination Act of 1975, i.e., CBI or other information whose as amended, 42 U.S.C. 6101, et seq.; 45 CFR Federal Register and inform the public disclosure is restricted by statute. part 90 (1979). that the rule will not take effect. Certain other material, such as ADDRESSES: Appendix B to Subpart E [Amended] Submit your comments, copyrighted material, is not placed on identified by Docket ID Number EPA– the Internet and will be publicly ■ 2. Amend Appendix B to Subpart E, R03–OAR–2009–0881 by one of the available only in hard copy form. at the table titled ‘‘Age Distinctions in following methods: Publicly available docket materials are A. http://www.regulations.gov. Follow Regulations Governing Federal available either electronically in http:// the on-line instructions for submitting Financial Assistance Programs of the www.regulations.gov or in hard copy comments. Department of Veterans Affairs,’’ third during normal business hours at the Air column, last paragraph, by removing B. E-mail: [email protected]. C. Mail: EPA–R03–OAR–2009–0881, Protection Division, U.S. Environmental ‘‘3.51,’’. Kathleen Cox, Associate Director, Office Protection Agency, Region III, 1650 of Permits and Air Toxics, Mailcode Arch Street, Philadelphia, Pennsylvania PART 21—VOCATIONAL 19103. Copies of the State submittal are REHABILITATION AND EDUCATION 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, available at the Pennsylvania ■ 3. The authority citation for part 21, Philadelphia, Pennsylvania 19103. Department of Environmental subpart A continues to read as follows: D. Hand Delivery: At the previously- Protection, Bureau of Air Quality listed EPA Region III address. Such Control, P.O. Box 8468, 400 Market Authority: 38 U.S.C. 501(a), chs. 18, 31, Street, Harrisburg, Pennsylvania 17105; and as noted in specific sections. deliveries are only accepted during the Docket’s normal hours of operation, and and the Allegheny County Health § 21.260 [Amended] special arrangements should be made Department, Bureau of Environmental ■ 4. Amend § 21.260(d) by removing for deliveries of boxed information. Quality, Division of Air Quality, 301 ‘‘3.51,’’. Instructions: Direct your comments to 39th Street, Pittsburgh, Pennsylvania 15201. [FR Doc. 2011–14401 Filed 6–9–11; 8:45 am] Docket ID No. EPA–R03–OAR–2009– 0881. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P Paul received will be included in the public T. Wentworth, P.E. (215) 814–2183, or docket without change, and may be by e-mail at: [email protected]. made available online at http:// ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: www.regulations.gov, including any AGENCY personal information provided, unless I. Background 40 CFR Part 52 the comment includes information Throughout this rulemaking action, claimed to be Confidential Business whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, [EPA–R03–OAR–2009–0881; FRL–9308–9] Information (CBI) or other information we are referring to EPA. On November whose disclosure is restricted by statute. Approval and Promulgation of Air 16, 2006, PADEP submitted a revision to Do not submit information that you Quality Implementation Plans; the Pennsylvania SIP. This change to consider to be CBI or otherwise Pennsylvania; Revisions to Allegheny County’s Air Pollution protected through http:// Requirements for Major Sources Control Rules and Regulations amends www.regulations.gov or e-mail. The Locating in or Impacting a the existing requirements for sources http://www.regulations.gov Web site is Nonattainment Area in Allegheny locating in or impacting a an ‘‘anonymous access’’ system, which County nonattainment area by incorporating means EPA will not know your identity Federal modeling requirements. AGENCY: Environmental Protection or contact information unless you II. Summary of the SIP Revision Agency (EPA). provide it in the body of your comment. ACTION: Direct final rule. If you send an e-mail comment directly EPA is approving a formal revision to to EPA without going through http:// the Pennsylvania SIP submitted by the SUMMARY: EPA is taking direct final www.regulations.gov, your e-mail State on November 16, 2006 by the action to approve a revision to the address will be automatically captured PADEP. This SIP revision adds a new Pennsylvania State Implementation Plan and included as part of the comment paragraph (2102.06.g.) to Allegheny

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations 34001

County’s Article XXI Air Pollution IV. Statutory and Executive Order costs on tribal governments or preempt Control Rules and Regulations and Reviews tribal law. amends the existing requirements for A. General Requirements B. Submission to Congress and the sources locating in or impacting Comptroller General nonattainment areas by incorporating Under the CAA, the Administrator is the modeling requirements from 40 CFR required to approve a SIP submission The Congressional Review Act, 5 part 51, subpart I, entitled ‘‘Review of that complies with the provisions of the U.S.C. 801 et seq., as added by the Small New Sources and Modifications.’’ These CAA and applicable Federal regulations. Business Regulatory Enforcement requirements specify that where air 42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides quality models are used to meet the Thus, in reviewing SIP submissions, that before a rule may take effect, the provisions of this section, modeling EPA’s role is to approve state choices, agency promulgating the rule must must be based on the applicable models provided that they meet the criteria of submit a rule report, which includes a and other requirements specified in 40 the CAA. Accordingly, this action copy of the rule, to each House of the CFR part 51, appendix W, entitled merely approves state law as meeting Congress and to the Comptroller General ‘‘Federal Guideline on Air Quality Federal requirements and does not of the United States. EPA will submit a Models’’ (Guideline). Additionally, these impose additional requirements beyond report containing this action and other requirements explicitly state where an those imposed by state law. For that required information to the U.S. Senate, air quality model specified in the reason, this action: the U.S. House of Representatives, and • ‘‘ Guideline is inappropriate, the model Is not a significant regulatory the Comptroller General of the United ’’ may be modified or another model action subject to review by the Office States prior to publication of the rule in of Management and Budget under substituted but only on a case-by-case the Federal Register. A major rule Executive Order 12866 (58 FR 51735, basis or, where appropriate, on a generic cannot take effect until 60 days after it October 4, 1993); basis for a specific State program. is published in the Federal Register. • Does not impose an information ‘‘ ’’ Modifying or substituting a model This action is not a major rule as collection burden under the provisions defined by 5 U.S.C. 804(2). requires written approval of the EPA of the Paperwork Reduction Act (44 Administrator. In addition, the use of a C. Petitions for Judicial Review U.S.C. 3501 et seq.); modified or substituted model is subject • Is certified as not having a Under section 307(b)(1) of the CAA, to public comment under procedures set significant economic impact on a petitions for judicial review of this forth in Federal regulation 40 CFR substantial number of small entities action must be filed in the United States 51.102. under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate III. Final Action U.S.C. 601 et seq.); circuit by August 9, 2011. Filing a • Does not contain any unfunded petition for reconsideration by the EPA is approving a revision to the mandate or significantly or uniquely Administrator of this final rule does not Pennsylvania SIP as submitted on affect small governments, as described affect the finality of this action for the November 16, 2006. This revision adds in the Unfunded Mandates Reform Act purposes of judicial review nor does it the modeling requirements in 40 CFR of 1995 (Pub. L. 104–4); extend the time within which a petition part 51, subpart I as a new paragraph • Does not have Federalism for judicial review may be filed, and 2102.06.g., entitled ‘‘Requirements of implications as specified in Executive shall not postpone the effectiveness of Modeling’’, to Allegheny County’s Order 13132 (64 FR 43255, August 10, such rule or action. Parties with Article XXI, section 2102.06, ‘‘Major 1999); objections to this direct final rule are Sources Locating in or Impacting a • Is not an economically significant encouraged to file a comment in Nonattainment Area.’’ EPA is publishing regulatory action based on health or response to the parallel notice of this rule without prior proposal because safety risks subject to Executive Order proposed rulemaking for this action EPA views this as a non-controversial 13045 (62 FR 19885, April 23, 1997); published in the proposed rules section amendment and anticipates no adverse • Is not a significant regulatory action of today’s Federal Register, rather than comment. This revision to Allegheny subject to Executive Order 13211 (66 FR file an immediate petition for judicial County’s regulation 2102.06, addresses 28355, May 22, 2001); review of this direct final rule, so that the requirements in Federal regulation • Is not subject to requirements of EPA can withdraw this direct final rule 40 CFR part 51 subpart I. However, in Section 12(d) of the National and address the comment in the the ‘‘Proposed Rules’’ section of today’s Technology Transfer and Advancement proposed rulemaking. Federal Register, EPA is publishing a Act of 1995 (15 U.S.C. 272 note) because This action which modifies the separate document that will serve as the application of those requirements would Pennsylvania SIP by adding the Federal proposal to approve the SIP revision if be inconsistent with the CAA; and modeling requirements of 40 CFR part adverse comments are filed. This rule • Does not provide EPA with the 51, subpart I for Allegheny County may will be effective on August 9, 2011 discretionary authority to address, as not be challenged later in proceedings to without further notice unless EPA appropriate, disproportionate human enforce its requirements. (See section receives adverse comment by July 11, health or environmental effects, using 307(b)(2).) 2011. If EPA receives adverse comment, practicable and legally permissible List of Subjects in 40 CFR Part 52 EPA will publish a timely withdrawal in methods, under Executive Order 12898 the Federal Register informing the (59 FR 7629, February 16, 1994). Environmental protection, Air public that the rule will not take effect. In addition, this rule does not have pollution control, Carbon monoxide, EPA will address all public comments tribal implications as specified by Incorporation by reference, in a subsequent final rule based on the Executive Order 13175 (65 FR 67249, Intergovernmental relations, Lead, proposed rule. EPA will not institute a November 9, 2000), because the SIP is Nitrogen dioxide, Ozone, Particulate second comment period on this action. not approved to apply in Indian country matter, Reporting and recordkeeping Any parties interested in commenting located in the State, and EPA notes that requirements, Sulfur oxides, Volatile must do so at this time. it will not impose substantial direct organic compounds.

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 34002 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations

Dated: May 6, 2011. Authority: 42 U.S.C. 7401 et seq. § 52.2020 Identification of plan. W.C. Early, * * * * * Subpart NN—Pennsylvania Acting Regional Administrator, Region III. (c) * * * 40 CFR part 52 is amended as follows: ■ 2. In § 52.2020, the table in paragraph (2) * * * PART 52—[AMENDED] (c)(2) is amended by amending the entry for section 2102.06 to read as follows: ■ 1. The authority citation for part 52 continues to read as follows:

Article XX or XXI State effective Additional explanation/ citation Title/subject date EPA approval date § 52.2063 citation

*******

Part B Permits Generally

******* 2102.06 ...... Major Sources Locating in or Impacting a Non- 7/10/05 6/10/11 [Insert page num- Addition of new para- attainment Area. ber where the docu- graph 2102.06.g. ment begins].

*******

* * * * * [FR Doc. 2011–14227 Filed 6–9–11; 8:45 am] BILLING CODE 6560–50–P

VerDate Mar<15>2010 14:29 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\10JNR1.SGM 10JNR1 WReier-Aviles on DSKGBLS3C1PROD with RULES 34003

Proposed Rules Federal Register Vol. 76, No. 112

Friday, June 10, 2011

This section of the FEDERAL REGISTER ADDRESSES: Comments may be mailed to (RFI) seeking public comment on how contains notices to the public of the proposed OLP Regulatory Docket Clerk, best to review its existing regulations issuance of rules and regulations. The Department of Justice, 950 Pennsylvania and to identify whether any of its purpose of these notices is to give interested Avenue, NW., Room 4250, Washington, existing regulations should be modified, persons an opportunity to participate in the DC 20530. To ensure proper handling, rule making prior to the adoption of the final streamlined, expanded, or repealed. (76 rules. please reference FDMS Docket No. DOJ– FR 11163) Before the comment period LA–2011–0016 on your correspondence. closed on March 30, 2011, the You may also submit comments Department received ten comments. The DEPARTMENT OF JUSTICE electronically or view an electronic comments are summarized in the version of this notice and of the plan at Department’s Preliminary Plan for 2 CFR Chapter XXVII http://www.regulations.gov, at Docket Retrospective Review of Existing No. DOJ–LA–2011–0016. Regulations (May 18, 2011), which is 5 CFR Chapter XXVIII FOR FURTHER INFORMATION CONTACT: posted on http://www.regulations.gov at Robert Hinchman, Senior Counsel, Docket No. DOJ–LA–2011–0016, and is 8 CFR Chapter V Office of Legal Policy, Department of also available on the Department’s main Justice, 950 Pennsylvania Avenue, NW., Web site at http://www.justice.gov/. 21 CFR Chapter II Room 4252, Washington, DC 20530; Telephone (202) 514–8059. Consistent with the Department’s commitment to public participation in 27 CFR Chapter II SUPPLEMENTARY INFORMATION: Posting of Public Comments. Please the rulemaking process, the Department 28 CFR Chapters I, III, V, and VI note that all comments received are is now by this Request for comments considered part of the public record and soliciting views from the public on its 31 CFR Chapter IX made available for public inspection Preliminary Plan for Retrospective online at http://www.regulations.gov. Review of its regulations. The 40 CFR Chapter IV Such information includes personal Department is also soliciting additional identifying information (such as your candidate rules for review, and 41 CFR Chapter 128 name, address, etc.) voluntarily specifically inviting comments that submitted by the commenter. Personal identify why particular rules should be 45 CFR Chapter V identifying information identified and prioritized for review under the located as set forth above will be placed standards we lay out in the plan. 48 CFR Chapter 28 in the agency’s public docket file, but To comment on the Justice [FDMS Docket No. DOJ–LA–2011–0016] not posted online. If you wish to inspect Department’s preliminary plan, visit the agency’s public docket file in person http://www.regulations.gov and insert Preliminary Plan for Retrospective by appointment, please see the FOR DOJ–LA–2011–0016 in the ‘‘Enter Review Under E.O. 13563 FURTHER INFORMATION CONTACT Keyword or ID’’ box. Once you are taken AGENCY: Department of Justice. paragraph. to the docket for the plan, click on the The Department understands that the ACTION: Request for comments. ‘‘Submit a Comment’’ bubble to open the public comment period set forth in this comment form. We look forward to SUMMARY: As part of its implementation Request for comments is shorter than hearing from you. of Executive Order 13563, ‘‘Improving the 60-day comment period normally The Department notes that this Regulation and Regulatory Review,’’ given for proposed rules. However, in issued by the President on January 18, this Request for comments (which is Request for comments is issued solely 2011, the Department of Justice (the not, of course, a proposed rule), the for information and program-planning Department) encourages comments on Department is not asking for detailed, purposes. The Department will give its preliminary plan for the retrospective lengthy comments on its regulations, careful consideration to the responses, review of its existing regulations to but only on matters pertaining to the and may use them as appropriate during determine whether any such regulations Department’s preliminary retrospective the retrospective review, but we do not should be modified, streamlined, review plan. anticipate providing a point-by-point expanded, or repealed. The purpose of response to each comment submitted. Overview the Department’s review is to make its While responses to this Request for regulatory program more effective and On January 18, 2011, the President comments do not bind the Department less burdensome in achieving its issued Executive Order 13563, to any further actions related to the regulatory objectives. ‘‘Improving Regulation and Regulatory response, all submissions will be made Comment Date: Written comments Review,’’ to ensure that Federal publically available on http:// must be postmarked and electronic regulations seek more affordable, less www.regulations.gov. intrusive means to achieve policy goals, comments must be submitted on or Dated: June 2, 2011. before July 11, 2011. Commenters and that agencies give careful should be aware that the electronic consideration to the benefits and costs Christopher H. Schroeder, Federal Docket Management System of those regulations. As part of the Assistant Attorney General, Office of Legal will not accept comments after 11:59 Department’s implementation of the Policy. p.m. Eastern Time on the last day of the Executive Order, on March 1, 2011, it [FR Doc. 2011–14089 Filed 6–9–11; 8:45 am] comment period. published a Request for Information BILLING CODE 4410–BB–P

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 9990 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34004 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

DEPARTMENT OF AGRICULTURE Washington, DC 20250–0229, product reporting program. The [email protected]. amendment further stated that the Agricultural Marketing Service SUPPLEMENTARY INFORMATION: This Secretary shall publish the information proposed rule is issued pursuant to the obtained under this section for the 7 CFR Part 1170 Agricultural Marketing Act of 1946 [7 preceding week not later than 3 p.m. Eastern Time on Wednesday of each RIN 0581–AD12 U.S.C. 1621 et seq.], as amended November 22, 2000, by Public Law 106– week. This proposed rule includes [Doc. AMS–DA–10–0089; DA–11–01] 532, 114 Stat. 2541; May 13, 2002, by regulatory changes for implementing Public Law 107–171, 116 Stat. 207; and these provisions and transferring Dairy Product Mandatory Reporting September 27, 2010, by Public Law 111– applicable data collection responsibilities to AMS. This proposed AGENCY: Agricultural Marketing Service, 239, 124 Stat. 2502. rule announces the intention of AMS to USDA. Background: The Dairy Product Mandatory Reporting Program was request approval of associated ACTION: Proposed rule with request for information collection requirements by comments. established on August 2, 2007, on an interim final basis (72 FR 36341). A the Office of Management and Budget SUMMARY: The Mandatory Price final rule (73 FR 34175) became (OMB). Comments are requested Reporting Act of 2010 amended section effective June 22, 2008. The National concerning changes proposed in this 273(d) of the Agricultural Marketing Act Agricultural Statistics Service (NASS) rule. of 1946 (the Act), requiring the currently collects information for the Executive Orders 12866 program, and AMS provides verification Secretary of Agriculture (Secretary) to This proposed rule has been and enforcement functions for the establish an electronic reporting system determined to not be significant for program. NASS publishes sales for certain manufacturers of dairy purposes of Executive Orders 12866 and information for cheddar cheese, butter, products to report sales information for therefore has not been reviewed by the dry whey, and nonfat dry milk (NFDM) a mandatory dairy product reporting Office of Management and Budget with on a weekly basis. NASS began program. The amendment further stated respect to this Executive Order. that the Secretary shall publish the publishing cheddar cheese sales information obtained for the preceding information in 1997 and began Executive Order 12988 Civil Justice week not later than 3 p.m. Eastern Time publishing butter, NFDM, and dry whey Reform on Wednesday of each week. sales information in 1998. Information This proposed rule has been reviewed This proposed rule offers procedures was collected on a voluntary basis under Executive Order 12988, Civil for the Agricultural Marketing Service before the Dairy Product Mandatory Justice Reform. The amendments (AMS) to implement the amendment to Reporting Program became effective. contained in this proposed rule are not section 273(d) the Act and announces Any manufacturer that processes and intended to have a retroactive effect. the intention of AMS to request markets less than 1 million pounds of approval by the Office of Management the applicable dairy products per Regulatory Flexibility Act and Budget (OMB) of associated calendar year is exempt from these Pursuant to requirements set forth in information collection requirements. reporting requirements. the Regulatory Flexibility Act (RFA) (5 This proposed rule requests comments AMS is responsible for verifying the U.S.C. 601–612), AMS has considered concerning changes proposed in this sales information submitted by the economic impact of this proposed rule. reporting entities to NASS. AMS rule on small entities and has currently visits larger entities that DATES: determined that this proposed rule Comments must be received by account for 80 percent of the yearly August 9, 2011. would not have a significant economic reported product volume of each impact on a substantial number of small ADDRESSES: Interested persons are specified dairy product at least once entities. The purpose of the RFA is to invited to submit written comments via annually. AMS visits one-half of entities fit regulatory actions to the scale of the Federal eRulemaking portal at that account for the remaining 20 businesses subject to such actions in http://www.regulations.gov or to John R. percent each year, visiting each such order that small businesses will not be Mengel, Chief Economist, USDA/AMS/ entity at least once every other year. unduly or disproportionately burdened. Dairy Programs, Office of the Chief During each visit, AMS reviews Small businesses in the dairy product Economist, STOP 0229–Room 2753, applicable sales transactions records for manufacturing 1 industry have been 1400 Independence Ave, SW., at least the 4 most recent weeks. In some defined by the Small Business Washington, DC 20250–0229, fax: (202) cases, AMS may review sales records for Administration (SBA) as those 720–2454. All comments should periods of up to 2 years. AMS verifies processors employing not more than 500 reference the docket number as well as that sales transactions match the employees. For purposes of determining the date and page number of this issue information reported to NASS and that a processor’s size, if the plant is part of of the Federal Register. Comments will there are no applicable sales a larger company operating multiple be made available for public inspection transactions not reported to NASS. plants that collectively exceed the 500- in the above office during regular Noncompliance, appeals, and employee limit, the plant will be business hours or can be viewed at enforcement procedures are considered a large business even if the http://www.regulations.gov. All administered by AMS. local plant has fewer than 500 comments received will be posted The Mandatory Price Reporting Act of employees. According to U.S. Census without change, including any personal 2010 (Pub. L. 111–239, Sept. 27, 2010) Bureau Statistics of U.S. Businesses, information provided. amended section 273(d) of the Act (7 there were 1,583 dairy manufacturing FOR FURTHER INFORMATION CONTACT: John U.S.C. 1637b) to require that the establishments in the United States in R. Mengel, Chief Economist, USDA/ Secretary establish an electronic 2008. Of these businesses, 1,039 AMS/Dairy Programs, Office of the reporting system for manufacturers of Chief Economist, STOP 0229–Room dairy products to report certain market 1 North American Industry Classification System 2753, 1400 Independence Ave, SW., information for the mandatory dairy (NAICS) code 3115.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34005

establishments had fewer than 500 provide to USDA certain information information collection package OMB employees, and 544 establishments had including the price, quantity, and 0535–0020. greater than 500 employees (http:// moisture content, where applicable, of The Mandatory Price Reporting Act of www.census.gov/econ/susb/, U.S. dairy products sold by the 2010 amended subsection 273(d) of the Census Bureau, 2008 County Business manufacturer. In accordance with the Act, requiring the Secretary to establish Patterns). Paperwork Reduction Act (44 U.S.C. an electronic reporting system to collect The dairy manufacturing chapter 35), AMS announces its the required information and to publish, establishments included in U.S. Census intention to request an approval of not later than 3 p.m. Eastern Time on Bureau statistics include manufacturers information collection and Wednesday of each week, a report of all types of dairy products. The recordkeeping pursuant to these containing the preceding week’s number of plants that produce butter, requirements. information. The information collection cheese, NFDM, and dry whey with the Title: Dairy Products Mandatory Sales and reporting requirements have been precise specifications included in the Reporting Program. the responsibility of NASS. Under this mandatory reporting requirements is OMB Number: 0581–NEW. proposed rule AMS would assume this much lower than this. Furthermore, Expiration Date of Approval: 3 years responsibility. NASS would no longer those manufacturers that process and from date of OMB approval. collect price, quantity, or moisture market less than 1 million pounds of the Type of Request: New information content (where applicable) information applicable dairy products annually are collection. for cheddar cheese, butter, NFDM, or exempt from reporting sales data. Abstract: The information collection dry whey, and NASS would no longer Currently, NASS conducts an annual requirements in the request are essential collect the associated annual validation validation survey that serves to to carry out the intent of the information. The forms associated with determine which plants are required to Agricultural Marketing Act of 1946 as this data collection would be removed report. In 2010, this survey included amended (the Act). from OMB 0535–0020 and would be 182 plants. Based upon the survey, there The Act requires each manufacturer to included in an AMS collection package, were 88 dairy product plants that were report to the Secretary information OMB 0581–NEW. subject to mandatory reporting of sales concerning the price, quantity, and The proposed provisions have been data. There were 52 reporting entities moisture content (where applicable) of reviewed, and every effort has been that reported data for one or more dairy products sold by the made to minimize any unnecessary plants. The annual cost for plants to manufacturer. Dairy products reported recordkeeping costs or requirements. complete this survey is estimated at include cheddar cheese, butter, dry The proposed electronic submission approximately $9 per plant. AMS whey, and NFDM. Dairy manufacturers forms would require the minimum intends to continue to conduct the report information for these products if information necessary to effectively survey. Based upon company profile the products meet certain product carry out the requirements of the information available on the Internet, specifications. program, and their use is necessary to AMS estimates that almost half of the The collection and reporting of sales fulfill the intent of the Act. It is reporting entities are considered small information, as required by the Act, expected that no outside technical businesses under the criteria established have been the responsibility of NASS. expertise will be needed. The forms are by the SBA. NASS currently collects the information simple, easy to understand, and place as AMS estimates that the annual cost as part of the information collection small a burden as possible on per plant for reporting sales information package OMB 0535–0020. NASS allows respondents. for products included in the surveys is manufacturers to submit information To assist the industry in achieving approximately $511. The majority of through a secure web-based application, compliance, educational and outreach reporting entities report data to NASS by e-mail, or by fax. Manufacturers are sessions will be held prior to through a secure web-based application. required to submit information to NASS implementation. AMS will assist Less than three plants regularly fax their by 12 noon on Wednesday on all reporting entities in understanding information, and it is believed that these applicable products during the 7 days requirements for submitting data plants do have Internet access. ending 12 midnight of the previous through electronic means specified by Therefore, there would be no significant Saturday, local time of the plant or AMS. In addition, AMS plans to beta start-up costs anticipated for the storage facility where the sales are test the electronic-submission reporting entities as a result of made. NASS compiles and aggregates technology before implementation, and implementing this rule as proposed. the information reported by the all entities required to report will be Under the current Dairy Product reporting entities and publishes the encouraged to participate in the beta- Mandatory Reporting Program, dairy information each Friday morning. If a testing program. Any feedback received manufacturers are required to maintain Federal holiday falls on a Tuesday or during this outreach and testing period records for verification purposes for a 2- Wednesday, NASS contacts will be used to correct technical year period. This proposed rule makes manufacturers via e-mail or phone problems. no changes to this requirement. These concerning the applicable report Collecting the information will records are maintained as part of the deadline. coincide with normal industry business normal course of business. Thus, there Manufacturers that process and practices. The timing and frequency of is no additional burden or cost market less than 1 million pounds of collecting information are intended to associated with the maintenance of applicable dairy products annually are meet the needs of the program while these records. Therefore, in total, this exempt from reporting requirements. minimizing the amount of work proposed rule will not have a significant Each year, dairy manufacturers necessary to submit the required economic impact on a substantial complete an Annual Validation reports. The information to be collected number of small entities. Worksheet for NASS to determine by AMS, as proposed in this rule, is which dairy manufacturers are exempt identical to the information currently Paperwork Reduction Act and to ascertain if valid information is collected by NASS. NASS currently The Act requires persons engaged in being supplied. NASS currently collects allows manufacturers to submit manufacturing dairy products to the information as part of the information through a secure web-based

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34006 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

application, by e-mail, or by fax. This (3) Dairy Products Sales, Nonfat Dry (a) Whether the proposed collection of proposed rule will require Milk information is necessary for the proper manufacturers to submit information Estimate of Burden: Public reporting performance of the functions of the only by electronic means specified by burden for this collection of information agency, including whether the AMS. AMS would specify that each is estimated to average 20 minutes per information will have practical utility; (b) the accuracy of the agency’s manufacturer submit the information week for each report submitted. using a secure Internet connection that Respondents: NFDM manufacturers. estimate of the burden of the proposed includes a user name and password. Each reporting entity may report for a collection of information including the The requirement that reporting entities single NFDM plant or it may report for validity of the methodology and assumptions used; submit information electronically is in more than one NFDM plant, depending (c) ways to enhance the quality, accordance with the Act. upon how the business is structured. utility, and clarity of the information to The frequency of data collection will Estimated Number of Respondents: be collected; and not change. Reporting entities are now 26. (d) ways to minimize the burden of required to report information to NASS Estimated Total Annual Burden on the collection of information on those by 12 noon on Wednesday. This Respondents: 451 hours. who are to respond. proposed rule would require reporting (4) Dairy Products Sales, Dry Whey All responses to this notice will entities to report the same information become a matter of public record and be Estimate of Burden: Public reporting to AMS by 12 noon local time of the summarized in the request for OMB burden for this collection of information reporting entities on Tuesday. This approval. change is necessary to allow AMS is estimated to average 20 minutes per Except as otherwise directed by the personnel time to review and compile week for each report submitted. Secretary of Agriculture or the U.S. Respondents: Dry whey data and to publish the information by Attorney General for enforcement manufacturers. Each reporting entity 3 p.m. Eastern Time on Wednesday as purposes, no officer, employee, or agent may report for a single dry whey plant required by the Act. If a Federal holiday of the United States shall provide the or it may report for more than one dry falls on Monday through Wednesday of public any information, statistics, or whey plant, depending upon how the a particular week, the due date for documents obtained from or submitted business is structured. report submission may be adjusted. by any person under the Act that does Estimated Number of Respondents: Prior to the beginning of each calendar not ensure preservation of 21. year, this rule proposes that AMS shall confidentiality regarding the identity of inform reporting entities of the times Estimated Total Annual Burden on Respondents: 364 hours. persons, including parties to contracts and dates that reports are due. and proprietary business information. Information collection requirements (5) Annual Validation Survey All report forms include a statement that are included in this proposal Estimate of Burden: Public reporting that individual reports are kept include: burden for this collection of information confidential. is estimated to average 20 minutes per With respect to the application of the (1) Dairy Products Sales, Cheddar Privacy Act of 1974 (5 U.S.C. 552a) to Cheese year for each report submitted. Respondents: Dairy manufacturers. the maintenance of records required by Estimate of Burden: Public reporting Each reporting entity may report for a the Act, the Dairy Products Sales survey burden for this collection of information single plant or it may report for more population consists of dairy product is estimated to average 20 minutes per than one plant, depending upon how manufacturers. Data collected by this week for each report submitted. the business is structured. survey relates to manufacturers’ operations and transactions and not to Respondents: Cheddar cheese Estimated Number of Respondents: those of individuals. Records manufacturers. Each reporting entity 180. maintained at business sites for may report for a single cheddar cheese Estimated Total Annual Burden on verification of information that would plant or it may report for more than one Respondents: 60 hours. be reported to AMS include contracts, cheddar cheese plant, depending upon (6) Survey Follow-Up, Verification agreements, receipts and other materials how the business is structured. Estimate of Burden: Public reporting related to sales of specific dairy Estimated Number of Respondents: burden for this collection of information products. No records about individuals 28. is estimated to average 5 minutes for would be maintained by AMS for this Estimated Total Annual Burden on each contact from AMS. survey, and AMS believes that none Respondents: 485 hours. Respondents: Dairy manufacturers. would be part of these maintained (2) Dairy Products Sales, Butter Each reporting entity may report for a business papers. single plant or it may report for more Request for Public Comment on Estimate of Burden: Public reporting than one plant, depending upon how Proposals To Change to 7 CFR Part burden for this collection of information the business is structured. 1170 is estimated to average 20 minutes per Estimated Number of Respondents: 7 week for each report submitted. per week. This rule proposes that AMS be responsible for collection of sales data Respondents: Butter manufacturers. Estimated Total Annual Burden on and reporting; that reporting entities be Each reporting entity may report for a Respondents: 30 hours. required to submit, by an electronic single butter plant or it may report for Copies of this information collection means specified by AMS, a report to more than one butter plant, depending and related instructions can be obtained AMS by Tuesday, 12 noon local time of upon how the business is structured. without charge from John Mengel, Chief Economist, [email protected]. reporting entities (unless adjusted Estimated Number of Respondents: because of a Federal holiday and 20. Request for Public Comment Under the communicated to dairy product Estimated Total Annual Burden on Paperwork Reduction Act manufacturers by AMS before the Respondents: 347 hours. Comments are invited on: beginning of the calendar year), of all

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34007

products sold as specified in § 1170.8 Monday through Wednesday of a through Wednesday of a particular during the 7 days ending 12 midnight of particular week, the due date for report week, the due date for report the previous Saturday, local time of the submission may be adjusted. Prior to the publication may be adjusted. The public plant or storage facility where the sales beginning of each calendar year, AMS shall be notified of report times prior to are made; and that not later than 3 p.m. shall release, to manufacturers that are the beginning of the calendar year. Eastern Time on Wednesday of each required to report, the times and dates Dated: June 7, 2011. week (unless adjusted because of a that reports are due. The report is to be Ellen King, submitted by electronic means specified Federal holiday and publicly Acting Administrator, Agricultural Marketing announced by AMS before the by AMS and shall indicate the name, Service. beginning of the calendar year), AMS address, plant location(s), quantities [FR Doc. 2011–14481 Filed 6–9–11; 8:45 am] shall publish aggregated information sold, total sales dollars or dollars per BILLING CODE 3410–02–P obtained from manufacturers or other pound for the applicable products, and persons of all products sold as specified the moisture content where applicable. in § 1170.8. Conforming changes are Each sale shall be reported for the time NUCLEAR REGULATORY proposed where necessary since data period when the transaction is COMMISSION collection and publication completed, i.e. the product is ‘‘shipped out’’ and title transfer occurs. Each sale responsibilities would be transferred 10 CFR Part 50 from NASS to AMS. AMS specifically shall be reported either f.o.b. plant if the requests comments concerning changes product is ‘‘shipped out’’ from the plant [NRC–2010–0267] proposed in this rule. or f.o.b. storage facility location if the AMS will review all timely comments product is ‘‘shipped out’’ from a storage Draft Regulatory Basis for a Potential received and will consider these facility. In calculating the total dollars Rulemaking on Spent Nuclear Fuel comments in developing a final rule. received or dollars per pound, the Reprocessing Facilities reporting entity shall neither add List of Subjects in 7 CFR Part 1170 AGENCY: Nuclear Regulatory transportation charges incurred at the Commission. Dairy products, Reporting and time the product is ‘‘shipped out’’ or ACTION: Proposed rule; public meeting recordkeeping requirements, Cheese, after the product is ‘‘shipped out’’ nor and request for comments. Butter, Whey, Nonfat dry milk. deduct transportation charges incurred For the reasons set forth in the before the product is ‘‘shipped out.’’ In SUMMARY: The U.S. Nuclear Regulatory preamble, it is proposed that 7 CFR part calculating the total dollars received or Commission (NRC or the Commission) 1170 be amended as follows: dollars per pound, the reporting entity plans to conduct a two-day public shall not deduct brokerage fees or meeting in Augusta, Georgia, to solicit PART 1170—DAIRY PRODUCT clearing charges paid by the input on issues associated with the MANDATORY REPORTING manufacturer. development of a draft regulatory basis (b) Manufacturers or other persons 1. The authority citation for 7 CFR document for a potential rulemaking on storing dairy products are required to part 1170 is amended to read as follows: spent nuclear fuel reprocessing report, on a monthly basis, stocks of facilities. Authority: 7 U.S.C. 1637–1637b, as dairy products (as defined in § 1170.4) DATES: The public meeting will be held amended by Public Law 106–532, 114 Stat. on hand, on the appropriate forms on June 21 and 22, 2011, from 9 a.m. to 2541; Public Law 107–171, 116 Stat. 207; and supplied by the National Agricultural Public Law. 111–239, 124 Stat. 2501. 5 p.m. See ADDRESSES section for public Statistic Service. The report shall meeting location. Submit comments on 2. Revise § 1170.2 to read as follows: indicate the name, address, and stocks the issues and questions presented in on hand at the end of the month for § 1170.2 Act. this document and discussed at the each storage location. Act means the Agricultural Marketing meeting by July 7, 2011. Comments Act of 1946, 7 U.S.C. 1621 et seq., as 4. Revise § 1170.8 (a)(3)(ii) to read as received after this date will be amended by the Dairy Market follows: considered if it is practical to do so. Enhancement Act of 2000, Public Law § 1170.8 Price reporting specifications. ADDRESSES: The public meeting will be 106–532, 114 Stat. 2541; the Farm held at the Hilton Garden Inn Augusta, Security and Rural Investment Act of * * * * * (a) * * * 1065 Stevens Creek Road, Augusta, GA 2002, Public Law 107–171, 116 Stat. (3) * * * 30907; telephone: 706–739–9990. Please 207; and the Mandatory Price Reporting (ii) 500-pound barrels: Report include Docket ID NRC–2010–0267 in Act of 2010, Public Law 111–239, 124 weighted average moisture content of the subject line of your comments. Stat. 2501. cheese sold. AMS will adjust price to a Comments submitted in writing or in 3. Revise § 1170.7 to read as follows: benchmark of 38.0 percent based on electronic form will be posted on the standard moisture adjustment formulas. NRC Web site and on the Federal § 1170.7 Reporting requirements. Exclude cheese with moisture content rulemaking Web site, http:// (a) All dairy product manufacturers, exceeding 37.7 percent. www.regulations.gov. Because your with the exception of those who are * * * * * comments will not be edited to remove exempt as described in § 1170.9, shall 5. Add § 1170.17 to read as follows: any identifying or contact information, submit a report weekly to the the NRC cautions you against including Agricultural Marketing Service (AMS) § 1170.17 Publication of statistical any information in your submission that by Tuesday, 12 noon local time of information. you do not want to be publicly reporting entities, on all products sold Not later than 3 p.m. Eastern Time on disclosed. as specified in § 1170.8 during the 7 the Wednesday of each week, AMS shall The NRC requests that any party days ending 12 midnight of the previous publish aggregated information obtained soliciting or aggregating comments Saturday, local time of the plant or by manufacturers or other persons of all received from other persons for storage facility where the sales are products sold as specified in § 1170.8. If submission to the NRC inform those made. If a Federal holiday falls on a Federal holiday falls on Monday persons that the NRC will not edit their

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34008 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

comments to remove any identifying or 3174; e-mail: [email protected] or proliferation risk and spent fuel high- contact information, and therefore, they John Sulima, Office of Nuclear Material level waste through developing more should not include any information in Safety and Safeguards, U.S. Nuclear sophisticated reprocessing technologies. their comments that they do not want Regulatory Commission, Washington, During the Bush Administration, the publicly disclosed. You may submit DC 20555–0001; telephone: 301–492– Global Nuclear Energy Partnership comments by any one of the following 3180; e-mail: [email protected]. (GNEP) renewed interest in commercial methods: SUPPLEMENTARY INFORMATION: reprocessing. The GNEP sought to • Federal Rulemaking Web Site: Go to expand the use of civilian nuclear http://www.regulations.gov and search I. Background power globally and close the nuclear for documents filed under Docket ID The Commission directed the NRC fuel cycle through reprocessing spent NRC–2010–0267. Address questions staff, in a staff requirements fuel and deploying fast reactors to burn about NRC dockets to Carol Gallagher; memorandum, SRM–SECY–07–0081 long-lived actinides. In response to telephone: 301–492–3668; e-mail: (ML071800084), to perform a gap these initiatives, the Commission [email protected]. analysis to identify what changes in directed the staff to complete an • Mail comments to: Secretary, U.S. regulatory requirements would be analysis of 10 CFR part 50 to identify Nuclear Regulatory Commission, necessary to license a reprocessing regulatory gaps for licensing an Washington, DC 20555–0001, Attn: facility. The staff was also directed to advanced reprocessing facility. Rulemakings and Adjudications Staff. provide a technical basis document with In mid-2008, two nuclear industry • E-mail comments to: recommended options on a path companies informed the NRC of their [email protected]. If you forward and an associated rulemaking intent to seek a license for a do not receive a reply e-mail confirming plan, if appropriate, for licensing reprocessing facility in the U.S. An that we have received your comments, facilities associated with reprocessing of additional company expressed its contact us directly at 301–415–1677. spent nuclear fuel. The staff provided support for updating the regulatory • Hand deliver comments to: 11555 the Commission with information on framework for reprocessing, but stopped Rockville Pike, Rockville, Maryland the regulatory structure for spent fuel short of stating its intent to seek a 20852, between 7:30 a.m. and 4:15 p.m. reprocessing (SECY–08–0134, license for such a facility. At the time, Federal workdays. (telephone: 301–415– ML082110363) and an update on the the NRC staff also noted that progress on 1677). reprocessing regulatory framework some GNEP initiatives had waned and • Fax comments to: Secretary, U.S. (SECY–09–0082, ML091520280 and it appeared appropriate to shift the Nuclear Regulatory Commission at 301– ML091520365). In May 2010, the staff focus of the NRC staff’s efforts from 415–1101. provided, in a memorandum to the specific GNEP-facility regulations to a You can access publicly available Commission, an annual update on more broadly applicable framework for commercial reprocessing facilities. documents related to this document reprocessing activities and stated that it In SECY–08–0134, the staff discussed using the following methods: anticipated that it could complete the the shift in its approach to developing • NRC’s Public Document Room draft regulatory basis (formerly referred to as ‘‘technical basis’’) by September the regulatory framework for (PDR): The public may examine and commercial reprocessing facilities. The have copied, for a fee, publicly available 2011. The NRC has the authority under the staff noted that it would defer additional documents at the NRC’s PDR, Room O1– Atomic Energy Act to license work on regulatory framework F21, One White Flint North, 11555 commercial spent fuel reprocessing development efforts for advanced Rockville Pike, Rockville, Maryland facilities. Currently, Title 10 of the Code recycling reactors and focus on the 20852. of Federal Regulations (10 CFR) Part 50, framework revisions necessary to • NRC’s Agencywide Documents ‘‘Domestic Licensing of Production and license a commercial reprocessing Access and Management System Utilization Facilities,’’ provides the facility. As a result of this shift, an (ADAMS): Publicly available documents licensing framework for production and additional review of the initial gap created or received at the NRC are utilization facilities. Although a analysis was warranted. available online in the NRC Library at reprocessing facility is one type of The NRC staff further refined the http://www.nrc.gov/reading-rm/ production facility, its industrial regulatory gap analysis by focusing on adams.html. From this page, the public processes are more akin to fuel cycle commercial reprocessing and recycling can gain entry into ADAMS, which processes. This framework was using existing reactor technology. The provides text and image files of the established in the 1970’s to license the staff summarized this analysis in SECY– NRC’s public documents. If you do not first U.S. reprocessing facilities. The 09–0082. The staff’s gap analysis have access to ADAMS or if there are policy decision by the Carter identified 14 ‘‘high’’ priority gaps that problems in accessing the documents Administration to cease reprocessing must be resolved to establish an located in ADAMS, contact the NRC’s initiatives was based, in part, on the effective and efficient regulatory PDR reference staff at 1–800–397–4209, proliferation risks posed by the early framework. The NRC staff’s regulatory 301–415–4737, or by e-mail to reprocessing technology. While that gap analysis considered several [email protected]. documents in its analysis, including: • policy was reversed during the Reagan Federal Rulemaking Web Site: Administration, until recently there was NUREG–1909, a white paper authored Public comments and supporting no commercial interest in reprocessing by the Advisory Committee on Nuclear materials related to this proposed rule and, hence, no need to update the Waste and Materials, titled can be found at http:// existing reprocessing regulatory ‘‘Background, Status and Issues Related www.regulations.gov by searching on framework in 10 CFR part 50. to the Regulation of Advanced Spent Docket ID NRC–2010–0267. Although commercial reprocessing Nuclear Fuel Recycle Facilities,’’ issued FOR FURTHER INFORMATION CONTACT: Raj interest waned, the Department of June 2008; correspondence from the Iyengar, Office of Nuclear Material Energy (DOE) continued to pursue Union of Concerned Scientists titled, Safety and Safeguards, U.S. Nuclear reprocessing technology development ‘‘Revising the Rules for Materials Regulatory Commission, Washington, through the National Laboratories. The Protection, Control and Accounting;’’ DC 20555–0001; telephone: 301–492– DOE has sought to decrease and a Nuclear Energy Institute white

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34009

paper titled, ‘‘Regulatory Framework for of potentially pertinent guidance considerations, (3) safety, risk, and an NRC Licensed Recycling Facility.’’ documents. The summary documents licensing considerations, and (4) Building on the gap analysis, efforts for the gaps and a listing of potentially security considerations and materials are currently underway to develop a pertinent guidance documents will be control and accounting. Each area regulatory basis (formerly known as made available at http:// includes the gaps related to that topic. ‘‘technical basis’’) to pursue rulemaking www.regulations.gov under Docket ID In the summary documents posted at that would enable the effective licensing NRC–2010–0267 no later than 15 days and regulation of reprocessing facilities. prior to the meeting on June 21–22, http://www.regulations.gov, specific The status of the regulatory basis 2011. questions related to the gaps will be development and estimated schedule for The agenda for the public meeting included. These questions will shape completing the reprocessing regulatory will be noticed ten (10) days prior to the the public meeting discussion and the framework development are meeting on the NRC’s public meeting feedback obtained will be considered in summarized in the May 14, 2010, schedule Web site at http:// the resolution of the gaps. memorandum to the Commission www.nrc.gov/public-involve/public- As part of the potential rulemaking, (ADAMS ML101110444). meetings/index.cfm. Please refer to the the NRC staff will consider the need for Stakeholder perspectives have Section II of the SUPPLEMENTARY and development of associated provided significant input into the INFORMATION section for additional guidance. The listing of potentially development process through the two information on the issues proposed for pertinent guidance documents will be public workshops which occurred on discussion at the public workshops. made available prior to the meeting on September 8, 2010, in Rockville, Members of the public may provide June 21–22, 2011, at http:// Maryland, and on October 19, 2010, in feedback at the transcribed public Albuquerque, New Mexico. The NRC meeting or may submit comments on www.regulations.gov under Docket ID staff considered the stakeholders’ the issues discussed in this document NRC–2010–0267. This list will include feedback in the development of the by any method provided in the standard review plans that may be regulatory framework. The proposed ADDRESSES section. applicable to the potential rulemaking. workshop in Augusta, Georgia is The NRC plans to consider these Furthermore, in developing options intended to further enhance the stakeholder views in the development of for a potential rulemaking the NRC staff development of the regulatory the draft regulatory basis. During the seeks information on what timeline framework and to continue the pursuit June 21–22, 2011, public meeting, the should be considered for rulemaking. Is of an open and transparent regulatory NRC staff will invite representatives of there a point when it becomes critical process. interested stakeholders, in a for this rulemaking to become effective? The NRC develops a foundation for a ‘‘roundtable’’ format, to provide input, rulemaking before beginning the process comments, and perspectives on the Dated at Rockville, Maryland this 6th day to develop the rule. An adequate issues being considered in the of June, 2011. regulatory basis forms the foundation development of the draft regulatory For the Nuclear Regulatory Commission. for a rule. The regulatory basis provides basis for a potential rulemaking on Jack Guttmann, the justification for rulemaking as the spent nuclear fuel reprocessing Chief, Engineering Branch, Technical Review appropriate path forward, describes the facilities. In order to have a manageable Directorate, Division of High Level Waste technical, legal, or policy information discussion, the number of participants Repository Safety, Office of Nuclear Material that supports the direction and content around the table will be limited. The Safety and Safeguards. of the rulemaking, and provides a basis NRC will attempt to ensure broad [FR Doc. 2011–14540 Filed 6–9–11; 8:45 am] for informed decisions to be made as the participation by the spectrum of rulemaking process continues. A interests affected by the potential BILLING CODE 7590–01–P regulatory basis may include rulemaking, including citizen and background information and a listing of environmental groups, nuclear industry documents that supported or addressed interests, State, and local governments, the current regulation or policy, or that and experts from academia and other support staff positions in the regulatory Federal agencies. Other members of the basis. public are welcome to attend and The NRC staff is using the gaps and participate. Those not seated at the their resolution as the framework for the tables, including individual members of regulatory basis for a potential the public, will have the opportunity to rulemaking for licensing a spent nuclear provide feedback on each of the issues fuel reprocessing facility. The NRC staff slated for discussion by the roundtable is in the process of completing an initial participants. Questions about draft of the regulatory basis. To facilitate participation in the roundtable stakeholder involvement and obtain discussion may be directed to the points comments on the NRC’s approach and of contact listed in the FOR FURTHER rationale for resolving the regulatory INFORMATION CONTACT section. gaps, the staff is compiling summaries of the initial draft text for each gap. The II. Issues for Discussion gap summaries, as appropriate, will During the public meeting, the NRC include questions where the NRC staff plans to solicit stakeholder comments is seeking input that will assist in and feedback during separate discussion completing the draft regulatory basis. sessions, which will broadly cover four During any potential rulemaking, the main areas of the regulatory basis for NRC staff will consider the need for and licensing commercial reprocessing the development of associated guidance. facilities: (1) Regulatory framework, (2) Thus, the NRC staff is compiling a list waste management and environmental

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34010 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

DEPARTMENT OF THE TREASURY Act (‘‘Credit Risk NPR’’ or ‘‘proposed of Corporation Finance, at (202) 551– rule’’). 3753, U.S. Securities and Exchange Office of the Comptroller of the Due to the complexity of the Commission, 100 F Street, NE., Currency rulemaking and to allow parties more Washington, DC 20549–3628. time to consider the impact of the Credit FHFA: Patrick J. Lawler, Associate 12 CFR Part 43 Risk NPR on affected markets, the Director and Chief Economist, Agencies have determined that an [email protected], (202) 414– [Docket No. OCC–2011–0002] extension of the comment period until 3746; Austin Kelly, Associate Director RIN 1557–AD40 August 1, 2011, is appropriate. This for Housing Finance Research, action will allow interested persons [email protected], (202) 343– FEDERAL RESERVE SYSTEM additional time to analyze the proposed 1336; Phillip Millman, Principal rules and prepare their comments. Capital Markets Specialist, 12 CFR Part 244 DATES: The comment period for the [email protected], (202) 343– 1507; or Thomas E. Joseph, Senior [Docket No. 2011–1411] proposed rule published April 29, 2011, at 76 FR 24090, is extended. Comments Attorney Advisor, RIN 7100–AD 70 on the Credit Risk NPR must be received [email protected], (202) 414– on or before August 1, 2011. 3095; Federal Housing Finance FEDERAL DEPOSIT INSURANCE Agency, Third Floor, 1700 G Street, ADDRESSES: You may submit comments CORPORATION NW., Washington, DC 20552. The by any of the methods identified in the telephone number for the Credit Risk NPR. Please submit your 12 CFR Part 373 Telecommunications Device for the comments using only one method. Hearing Impaired is (800) 877–8339. RIN 3064–AD74 FOR FURTHER INFORMATION CONTACT: HUD: Robert C. Ryan, Acting Assistant OCC: Chris Downey, Risk Specialist, Secretary for Housing—Federal SECURITIES AND EXCHANGE Financial Markets Group, (202) 874– COMMISSION Housing Commissioner, Office of 4660; Kevin Russell, Director, Retail Housing, Department of Housing and Credit Risk, (202) 874–5170; Darrin 17 CFR Part 246 Urban Development, 451 7th Street, Benhart, Director, Commercial Credit SW., Room 9100, Washington, DC [Release No. 34–64603; File No. S7–14–11] Risk, (202) 874–5670; or Jamey 20410; telephone number (202) 402– Basham, Assistant Director, or Carl 5216 (this is not a toll-free number). RIN 3235–AK96 Kaminski, Senior Attorney, Persons with hearing or speech Legislative and Regulatory Activities impairments may access this number FEDERAL HOUSING FINANCE Division, (202) 874–5090, Office of AGENCY through TTY by calling the toll-free the Comptroller of the Currency, 250 Federal Information Relay Service at E Street, SW., Washington, DC 20219. 12 CFR Part 1234 800–877–8339. Board: Benjamin W. McDonough, SUPPLEMENTARY INFORMATION: On April RIN 2590–AA43 Counsel, (202) 452–2036; April C. 29, 2011, the Credit Risk NPR was Snyder, Counsel, (202) 452–3099; published in the Federal Register.1 The DEPARTMENT OF HOUSING AND Sebastian R. Astrada, Attorney, (202) Credit Risk NPR proposes to implement URBAN DEVELOPMENT 452–3594; or Flora H. Ahn, Attorney, the credit risk retention requirements of (202) 452–2317, Legal Division; section 15G of the Securities Exchange 24 CFR Part 267 Thomas R. Boemio, Manager, (202) Act of 1934 (15 U.S.C. 78o–11), as 452–2982; Donald N. Gabbai, Senior RIN 2501–AD53 added by section 941 of the Dodd-Frank Supervisory Financial Analyst, (202) Wall Street Reform and Consumer Credit Risk Retention 452–3358; or Sviatlana A. Phelan, Protection Act (‘‘Dodd-Frank Act’’). Financial Analyst, (202) 912–4306, Section 15G generally requires the AGENCIES: Office of the Comptroller of Division of Banking Supervision and securitizer of asset-backed securities the Currency, Treasury (OCC); Board of Regulation; Andreas Lehnert, Deputy (‘‘ABS’’) to retain an economic interest of Governors of the Federal Reserve Director, Office of Financial Stability no less than five percent in the credit System (Board); Federal Deposit Policy and Research, (202) 452–3325; risk of the assets collateralizing the Insurance Corporation (FDIC); U.S. or Brent Lattin, Counsel, (202) 452– ABS. Section 15G includes a variety of Securities and Exchange Commission 3367, Division of Consumer and exemptions from this requirement, (Commission); Federal Housing Finance Community Affairs, Board of including an exemption for asset-backed Agency (FHFA); and Department of Governors of the Federal Reserve securities that are collateralized Housing and Urban Development System, 20th and C Streets, NW., exclusively by ‘‘qualified residential (HUD). Washington, DC 20551. mortgages,’’ as such term is defined by ACTION: Proposed rule; extension of FDIC: Beverlea S. Gardner, Special the Agencies by rule. comment period. Assistant to the Chairman, (202) 898– The Credit Risk NPR would specify 3640; Mark L. Handzlik, Counsel, credit risk retention requirements for SUMMARY: On April 29, 2011, the OCC, (202) 898–3990; Phillip E. Sloan, securitizers of ABS. In designing the Board, FDIC, Commission, FHFA and Counsel, (703) 562–6137; Petrina R. proposed rules, the Agencies sought to HUD (collectively, the ‘‘Agencies’’) Dawson, Counsel, (703) 562–2688; or ensure that the amount of credit risk published in the Federal Register a joint Jeannette Roach, Counsel, (202) 898– retained would be meaningful— notice of proposed rulemaking for 3785, Federal Deposit Insurance consistent with the purposes of section public comment to implement the credit Corporation, 550 17th Street, NW., 15G—while reducing the potential for risk retention requirements of section Washington, DC 20429. the proposed rules to negatively affect 15G of the Securities Exchange Act of Commission: Jay Knight, Special the availability and cost of credit to 1934, as added by the Dodd-Frank Wall Counsel, or Katherine Hsu, Chief, Street Reform and Consumer Protection Office of Structured Finance, Division 1 See 76 FR 24090.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34011

consumers and businesses. In DEPARTMENT OF TRANSPORTATION inspection program identified in this recognition of the complexities of the AD, contact Viking Air Ltd., 9574 rulemaking and the variety of Federal Aviation Administration Hampden Road, Sidney, BC Canada V8L considerations involved in its impact 5V5; telephone: (800) 663–8444; and implementation, the Agencies 14 CFR Part 39 Internet: http://www.vikingair.com. You requested that commenters respond to [Docket No. FAA–2011–0597; Directorate may review copies of the referenced numerous questions. The Credit Risk Identifier 2011–CE–019–AD] revisions at the FAA, Small Airplane NPR stated that the public comment Directorate, 901 Locust, Kansas City, period would close on June 10, 2011.2 RIN 2120–AA64 Missouri 64106. For information on the availability of this material at the FAA, The Agencies have received requests Airworthiness Directives; Viking Air call 816–329–4148. from the public for an extension of the Limited (Type Certificate No. A–815 comment period to allow for sufficient Formerly Held by Bombardier Inc. and Examining the AD Docket time for data gathering and impact de Havilland, Inc.) Model DHC–3 You may examine the AD docket on analyses related to the provisions of the Airplanes the Internet at http:// 3 proposed rule. The Agencies believe www.regulations.gov; or in person at the that it is important for interested AGENCY: Federal Aviation Administration (FAA), DOT. Docket Management Facility between persons to have additional time to fully 9 a.m. and 5 p.m., Monday through ACTION: review the provisions of the proposed Notice of proposed rulemaking Friday, except Federal holidays. The AD rule and the questions posed by the (NPRM). docket contains this proposed AD, the Agencies, and to conduct appropriate SUMMARY: We propose to supersede an regulatory evaluation, any comments data collection and analysis on the received, and other information. The potential impact of the Credit Risk NPR existing airworthiness directive (AD) that applies to the products listed above. street address for the Docket Office prior to submitting comment. Therefore, (phone: 800–647–5527) is in the the Agencies are extending the comment The existing AD currently requires repetitively inspecting the elevator ADDRESSES section. Comments will be period for the Credit Risk NPR from available in the AD docket shortly after June 10, 2011 to August 1, 2011. control tabs for discrepancies and, if any discrepancies are found, taking receipt. Dated: June 3, 2011. necessary corrective actions to bring all FOR FURTHER INFORMATION CONTACT: John Walsh, discrepancies within acceptable George Duckett, Aerospace Engineer, Acting Comptroller of the Currency. tolerances. The existing AD also New York Aircraft Certification Office, By order of the Board of Governors of the requires reporting certain inspection FAA, 1600 Stewart Avenue, Suite 410, Federal Reserve System, acting through the results to the FAA. Since we issued that Westbury, New York 11590; telephone: Secretary under delegated authority, June 6, AD, we determined that we (516) 228–7325; fax: (516) 794–5531; 2011. inadvertently omitted certain airplanes e-mail: [email protected]. Jennifer J. Johnson, from the Applicability section. This SUPPLEMENTARY INFORMATION: Secretary of the Board. proposed AD would retain the actions Comments Invited Dated at Washington, DC, this 3rd day of currently required in AD 2011–05–02 June 2011. and remove the Supplemental Type We invite you to send any written By order of the Board of Directors. Federal Certificate (STC) SA01059SE condition relevant data, views, or arguments about Deposit Insurance Corporation. in the Applicability section. We are this proposed AD. Send your comments Valerie J. Best, proposing this AD to add new repetitive to an address listed under the ADDRESSES ‘‘ Assistant Executive Secretary. inspections of the elevator control tabs. section. Include Docket No. FAA–2011–0597; Directorate Identifier By the Securities and Exchange If these inspections are not done, ’’ Commission. excessive free-play in the elevator 2011–CE–019–AD at the beginning of your comments. We specifically invite Dated: June 6, 2011. control tabs could develop. This comments on the overall regulatory, Elizabeth M. Murphy, condition could lead to loss of tab economic, environmental, and energy control linkage and severe elevator Secretary. aspects of this proposed AD. We will flutter. Such elevator flutter could lead Dated: June 2, 2011. consider all comments received by the to possible loss of control. Edward J. Demarco, closing date and may amend this Acting Director, Federal Housing Finance DATES: We must receive comments on proposed AD because of those Agency. this proposed AD by July 25, 2011. comments. Jointly prescribed with the Agencies. ADDRESSES: You may send comments by We will post all comments we By the Department of Housing and Urban any of the following methods: receive, without change, to http:// Development. • Federal eRulemaking Portal: Go to www.regulations.gov, including any Dated: June 6, 2011. http://www.regulations.gov. Follow the personal information you provide. We Robert C. Ryan, instructions for submitting comments. will also post a report summarizing each • Acting Assistant Secretary Housing—Federal Fax: 202–493–2251. substantive verbal contact we receive Housing Commissioner. • Mail: U.S. Department of about this proposed AD. Transportation, Docket Operations, M– [FR Doc. 2011–14444 Filed 6–9–11; 8:45 am] Discussion BILLING CODE 6714–01–P; BILLING CODE 4810–33–P; 30, West Building Ground Floor, Room BILLING CODE 6210–01–P; BILLING CODE 8011–01–P; W12–140, 1200 New Jersey Avenue, SE., On February 15, 2011, we issued AD BILLING CODE 8070–01–P; BILLING CODE 4210–67–P Washington, DC 20590. 2011–05–02, Amendment 39–16611 (76 • Hand Delivery: Deliver to Mail FR 10220, February 24, 2011), for 2 See id. address above between 9 a.m. and certain Viking Air Limited (Type 3 See, e.g., comment letters to the Agencies from 5 p.m., Monday through Friday, except Certificate No. A–815 formerly held by American Bankers Association et al. (May 13, 2011) and The Loan Syndications and Trading Federal holidays. Bombardier Inc. and de Havilland, Inc.) Association (May 26, 2011); and press release from For information about the revisions to Model DHC–3 airplanes. That AD Realogy Corporation (May 10, 2011). the FAA-approved maintenance/ requires repetitively inspecting the

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34012 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

elevator control tabs for discrepancies Actions Since Existing AD Was Issued develop in other products of the same and, if any discrepancies are found, type design. Since we issued AD 2011–05–02, we taking necessary corrective actions to Proposed AD Requirements bring all discrepancies within determined that we inadvertently acceptable tolerances. That AD also omitted certain airplanes from the This proposed AD would retain all of requires reporting certain inspection Applicability section. The current the requirements of AD 2011–05–02. results to the FAA. That AD resulted Applicability section includes Model This proposed AD would add airplanes DHC–3 airplanes, all serial numbers, from an evaluation of revisions to the to the applicability statement of the that do not have the new elevator servo manufacturer’s maintenance manual existing AD by removing the STC tab and redundant control linkage SA01059SE condition. that adds new repetitive inspections of installed according to Supplemental the elevator control tabs. To require Interim Action Type Certificate (STC) No. SA01059SE compliance with these inspections for and that are certificated in any category. We are continuing to evaluate the U.S. owners and operators we mandated The actions currently required in AD cause of the unsafe condition identified the inspections through the rulemaking in this proposed AD to enable us to 2011–05–02 were intended for all Model process. We issued that AD to add new obtain better insight into the nature, DHC–3 airplanes regardless if the repetitive inspections of the elevator cause, and extent of excessive free-play installation of the redundant linkage control tabs. If these inspections are not in the elevator control tabs. Based on was done according to Supplemental done, excessive free-play in the elevator this evaluation, we may consider further Type Certificate (STC) SA01059SE. control tabs could develop. This rulemaking. condition could lead to loss of tab FAA’s Determination Costs of Compliance control linkage and severe elevator flutter. Such elevator flutter could lead We are proposing this AD because we We estimate that this proposed AD to possible loss of control. evaluated all the relevant information affects 65 airplanes of U.S. registry. and determined the unsafe condition We estimate the following costs to described previously is likely to exist or comply with this proposed AD:

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = Not applicable ...... $85 per inspection cycle ...... $5,525 per inspection cycle. $85 per inspection cycle.

We estimate the following costs to do of the proposed inspection. We have no airplanes that may need this repair/ any necessary follow-on actions that way of determining the number of replacement: would be required based on the results

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Minimum repair ...... 1 work-hour × $85 per hour = $85 ...... $50 $135 Moderate repair ...... 3 work-hours × $85 per hour = $255 ...... 150 405 Maximum repair ...... 6 work-hours × $85 per hour = $510 ...... 450 960

Authority for This Rulemaking is within the scope of that authority (1) Is not a ‘‘significant regulatory because it addresses an unsafe condition action’’ under Executive Order 12866, Title 49 of the United States Code that is likely to exist or develop on (2) Is not a ‘‘significant rule’’ under the specifies the FAA’s authority to issue products identified in this rulemaking rules on aviation safety. Subtitle I, DOT Regulatory Policies and Procedures action. Section 106, describes the authority of (44 FR 11034, February 26, 1979), the FAA Administrator. Subtitle VII, Regulatory Findings (3) Will not affect intrastate aviation Aviation Programs, describes in more in Alaska, and detail the scope of the Agency’s We have determined that this (4) Will not have a significant authority. proposed AD would not have federalism implications under Executive Order economic impact, positive or negative, We are issuing this rulemaking under on a substantial number of small entities the authority described in Subtitle VII, 13132. This proposed AD would not under the criteria of the Regulatory Part A, Subpart III, Section 44701, have a substantial direct effect on the Flexibility Act. ‘‘General requirements.’’ Under that States, on the relationship between the national Government and the States, or section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 promoting safe flight of civil aircraft in on the distribution of power and air commerce by prescribing regulations responsibilities among the various Air transportation, Aircraft, Aviation for practices, methods, and procedures levels of government. safety, Incorporation by reference, the Administrator finds necessary for For the reasons discussed above, I Safety. safety in air commerce. This regulation certify that the proposed regulation:

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34013

The Proposed Amendment and de Havilland, Inc.): Docket No. Unsafe Condition FAA–2011–0597; Directorate Identifier Accordingly, under the authority (e) This AD results from an evaluation of 2011–CE–019–AD. delegated to me by the Administrator, revisions to the manufacturer’s maintenance the FAA proposes to amend 14 CFR part Comments Due Date manual that adds new repetitive inspections 39 as follows: (a) The FAA must receive comments on to the elevator control tabs. To require this AD action by July 25, 2011. compliance with these inspections for U.S. PART 39—AIRWORTHINESS owners and operators we are mandating these DIRECTIVES Affected ADs inspections through the rulemaking process. (b) This AD supersedes AD 2011–05–02, We are issuing this AD to add new repetitive 1. The authority citation for part 39 Amendment 39–16611. inspections of the elevator control tabs. If continues to read as follows: Applicability these inspections are not done, excessive Authority: 49 U.S.C. 106(g), 40113, 44701. free-play in the elevator control tabs could (c) This AD applies to Viking Air Limited develop. This condition could lead to loss of § 39.13 [Amended] (type certificate No. A–815 formerly held by tab control linkage and severe elevator 2. The FAA amends § 39.13 by Bombardier Inc. and de Havilland, Inc.) Model DHC–3 airplanes, all serial numbers, flutter. Such elevator flutter could lead to removing airworthiness directive (AD) possible loss of control. AD 2011–05–02, Amendment 39–16611 that are certificated in any category. (76 FR 10220, February 24, 2011), and Subject Compliance adding the following new AD: (d) Joint Aircraft System Component (f) Comply with this AD within the Viking Air Limited (Type Certificate No. A– (JASC)/Air Transport Association (ATA) of compliance times specified, unless already 815 Formerly Held by Bombardier Inc. America Code 27, Flight Controls. done.

Actions Compliance Procedures

(1) Inspect the elevator control tabs for dis- (i) For airplanes previously affected by AD Following Viking DHC–3 Otter Maintenance crepancies. 2011–05–02: Initially within the next 50 Manual Temporary Revisions No. 18, No. hours time-in-service (TIS) after March 31, 19, and No. 20, all dated December 5, 2011 (the effective date retained from AD 2008. 2011–05–02). (ii) For airplanes not previously affected by AD 2011–05–02: Initially within the next 50 hours time-in-service (TIS) after the effec- tive date of this AD. (iii) For all affected airplanes: Repetitively thereafter inspect at intervals not to exceed 100 hours TIS. (2) If any discrepancies are found during any For all affected airplanes: Before further flight Following Viking DHC–3 Otter Maintenance inspection required in paragraph (f)(1) of this after any inspection required in paragraph Manual Temporary Revisions No. 18, No. AD, take necessary corrective actions to (f)(1) of this AD in which discrepancies are 19, and No. 20, all dated December 5, bring all discrepancies within acceptable tol- found. 2008. erances. (3) If, during any inspection required in para- For all affected airplanes: Within 30 days after Use the form (Figure 1 of this AD) and submit graph (f)(1) of this AD, the total maximum the inspection or within the next 10 days it to FAA, Small Airplane Directorate, Attn: free play of the elevator servo tab and trim after the effective date of this AD, which- Jim Rutherford, 901 Locust, Room 301, tab relative to the elevator exceeds 1.0 de- ever occurs later. For airplanes previously Kansas City, Missouri 64106. gree (this is equal to a maximum displace- affected by AD 2011–05–02: We are col- ment of 0.070″ at the trailing edge), report lecting these inspection results for 24 the results of the inspection to the FAA. months after March 31, 2011 (the effective date retained from AD 2011–05–02). For airplanes not previously affected by AD 2011–05–02: We are collecting these in- spection results for 24 months after the ef- fective date of this AD. The reporting re- quirements of this AD are no longer re- quired after that time.

DOCKET NO. FAA–2011–0597

Airplane Serial Number:

Time-in-Service (TIS) of Airplane:

Airplane Engine Type/Model Number/Series Number:

TIS of Airplane When Current Engine was Installed:

Date When Current Engine was Installed:

STC Number that Installed Current Engine (if applicable):

Out of Tolerance Recording:

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34014 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

DOCKET NO. FAA–2011–0597—Continued

Corrective Action Taken:

Any Additional Information (Optional):

Name:

Telephone and/or E-mail Address:

Date:

Send report to: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; facsimile: (816) 329–4090; e-mail: [email protected]. Figure 1

Paperwork Reduction Act Burden Statement telephone: (516) 228–7325; fax: (516) 794– AD results from mandatory continuing (g) A Federal agency may not conduct or 5531; e-mail: [email protected]. airworthiness information (MCAI) sponsor, and a person is not required to (j) To get information about the revisions originated by an aviation authority of respond to, nor shall a person be subject to to the maintenance program identified in this another country to identify and correct proposed AD, contact Viking Air Ltd., 9574 a penalty for failure to comply with a an unsafe condition on an aviation collection of information subject to the Hampden Road, Sidney, BC Canada V8L 5V5; telephone: (800) 663–8444; Internet: http:// product. The MCAI describes the unsafe requirements of the Paperwork Reduction condition as: Act unless that collection of information www.vikingair.com. You may review copies displays a current valid OMB Control of the referenced revision at the FAA, Small The emergency water dump pulley support Number. The OMB Control Number for this Airplane Directorate, 901 Locust, Kansas bracket assembly, Part Number (P/N) 215– information collection is 2120–0056. Public City, Missouri 64106. For information on the 94711–2, has been found cracked or broken reporting for this collection of information is availability of this material at the FAA, call on a number of aeroplanes. Failure of the estimated to be approximately 5 minutes per 816–329–4148. emergency water dump pulley support response, including the time for reviewing Issued in Kansas City, Missouri, on June 6, bracket assembly in combination with other instructions, completing and reviewing the 2011. system failures such as an engine failure collection of information. All responses to John Colomy, during take off or pitch control system jam, this collection of information are mandatory. may result in a loss of control of the Comments concerning the accuracy of this Acting Manager, Small Airplane Directorate, aeroplane. Aircraft Certification Service. burden and suggestions for reducing the * * * * * burden should be directed to the FAA at: 800 [FR Doc. 2011–14396 Filed 6–9–11; 8:45 am] Independence Ave., SW., Washington, DC BILLING CODE 4910–13–P The proposed AD would require 20591, Attn: Information Collection actions that are intended to address the Clearance Officer, AES–200. unsafe condition described in the MCAI. Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION DATES: We must receive comments on (AMOCs) this proposed AD by July 25, 2011. Federal Aviation Administration (h)(1) The Manager, New York Aircraft ADDRESSES: You may send comments by Certification Office (ACO), FAA, has the any of the following methods: authority to approve AMOCs for this AD, if 14 CFR Part 39 • Federal eRulemaking Portal: Go to requested using the procedures found in 14 [Docket No. FAA–2011–0565; Directorate http://www.regulations.gov. Follow the CFR 39.19. In accordance with 14 CFR 39.19, Identifier 2010–NM–280–AD] instructions for submitting comments. send your request to your principal inspector • Fax: (202) 493–2251. or local Flight Standards District Office, as RIN 2120–AA64 • Mail: U.S. Department of appropriate. If sending information directly to the manager of the ACO, send it to the Airworthiness Directives; Bombardier, Transportation, Docket Operations, M– attention of the person identified in the Inc. Model CL–215–1A10, CL–215– 30, West Building Ground Floor, Room Related Information section of this AD. 6B11 (CL–215T Variant), and CL–215– W12–140, 1200 New Jersey Avenue, SE., (2) Before using any approved AMOC, 6B11 (CL–415 Variant) Airplanes Washington, DC 20590. notify your Principal Maintenance Inspector • Hand Delivery: U.S. Department of or Principal Avionics Inspector, as AGENCY: Federal Aviation Transportation, Docket Operations, M– appropriate, or lacking a principal inspector, Administration (FAA), DOT. 30, West Building Ground Floor, Room your local Flight Standards District Office. ACTION: Notice of proposed rulemaking W12–40, 1200 New Jersey Avenue, SE., Related Information (NPRM). Washington, DC, between 9 a.m. and (i) For more information about this AD, 5 p.m., Monday through Friday, except contact George Duckett, Aerospace Engineer, SUMMARY: We propose to adopt a new Federal holidays. New York ACO, FAA, 1600 Stewart Avenue, airworthiness directive (AD) for the For service information identified in Suite 410, Westbury, New York 11590; products listed above. This proposed this proposed AD, contact Bombardier,

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34015

Inc., 400 Coˆte-Vertu Road West, Dorval, condition for the specified products. to ensure the AD is clear for U.S. Que´bec H4S 1Y9, Canada; telephone The MCAI states: operators and is enforceable. In making 514–855–5000; fax 514–855–7401; The emergency water dump pulley support these changes, we do not intend to differ e-mail [email protected]; bracket assembly, Part Number (P/N) 215– substantively from the information Internet http://www.bombardier.com. 94711–2, has been found cracked or broken provided in the MCAI and related You may review copies of the on a number of aeroplanes. Failure of the service information. referenced service information at the emergency water dump pulley support We might also have proposed FAA, Transport Airplane Directorate, bracket assembly in combination with other different actions in this AD from those 1601 Lind Avenue SW., Renton, system failures such as an engine failure in the MCAI in order to follow FAA Washington. For information on the during take off or pitch control system jam, may result in a loss of control of the policies. Any such differences are availability of this material at the FAA, aeroplane. highlighted in a Note within the call 425–227–1221. Revision 2 of this AD is issued to ensure proposed AD. Examining the AD Docket that terminating action for this AD is carried Costs of Compliance out prior to the 2011 fire season. You may examine the AD docket on Based on the service information, we The required actions include a general the Internet at http:// estimate that this proposed AD would visual inspection to determine if either www.regulations.gov; or in person at the affect about 6 products of U.S. registry. universal solid (round head) rivets or Docket Operations office between 9 a.m. We also estimate that it would take flush rivets of the bracket assembly of and 5 p.m., Monday through Friday, about 40 work-hours per product to the emergency water dump pulley are except Federal holidays. The AD docket comply with the basic requirements of installed; replacing the solid rivets with contains this proposed AD, the this proposed AD. The average labor flush rivets and installing new stiffeners regulatory evaluation, any comments rate is $85 per work-hour. Based on on the bracket assembly of the received, and other information. The these figures, we estimate the cost of the emergency water dump pulley, if street address for the Docket Operations proposed AD on U.S. operators to be necessary; a detailed inspection and a office (telephone (800) 647–5527) is in $20,400, or $3,400 per product. liquid penetrant inspection of the the ADDRESSES section. Comments will stiffeners for cracks, deformations, or We have received no definitive data be available in the AD docket shortly that would enable us to provide a cost after receipt. signs of corrosion, and replacing the stiffeners with new stiffeners if estimate for the on-condition actions FOR FURTHER INFORMATION CONTACT: necessary; and re-installing the bracket specified in this AD. Andy Rambalakos, Aerospace Engineer, assembly of the emergency water dump Authority for This Rulemaking Airframe and Mechanical Systems pulley using radius packers. You may Branch, ANE–171, FAA, New York obtain further information by examining Title 49 of the United States Code Aircraft Certification Office, 1600 the MCAI in the AD docket. specifies the FAA’s authority to issue Stewart Avenue, Suite 410, Westbury, rules on aviation safety. Subtitle I, New York 11590; telephone (516) 228– Relevant Service Information section 106, describes the authority of 7345; fax (516) 794–5531. Bombardier, Inc. has issued Service the FAA Administrator. ‘‘Subtitle VII: SUPPLEMENTARY INFORMATION: Bulletin 215–A543, Revision 1, dated Aviation Programs,’’ describes in more June 23, 2010; and Service Bulletin 215– detail the scope of the Agency’s Comments Invited A4424, Revision 2, dated June 23, 2010. authority. We invite you to send any written The actions described in this service We are issuing this rulemaking under relevant data, views, or arguments about information are intended to correct the the authority described in ‘‘Subtitle VII, this proposed AD. Send your comments unsafe condition identified in the Part A, Subpart III, Section 44701: to an address listed under the MCAI. General requirements.’’ Under that ADDRESSES section. Include ‘‘Docket No. section, Congress charges the FAA with FAA–2011–0565; Directorate Identifier FAA’s Determination and Requirements promoting safe flight of civil aircraft in 2010–NM–280–AD’’ at the beginning of of This Proposed AD air commerce by prescribing regulations your comments. We specifically invite This product has been approved by for practices, methods, and procedures comments on the overall regulatory, the aviation authority of another the Administrator finds necessary for economic, environmental, and energy country, and is approved for operation safety in air commerce. This regulation aspects of this proposed AD. We will in the United States. Pursuant to our is within the scope of that authority consider all comments received by the bilateral agreement with the State of because it addresses an unsafe condition closing date and may amend this Design Authority, we have been notified that is likely to exist or develop on proposed AD based on those comments. of the unsafe condition described in the products identified in this rulemaking We will post all comments we MCAI and service information action. receive, without change, to http:// referenced above. We are proposing this Regulatory Findings www.regulations.gov, including any AD because we evaluated all pertinent personal information you provide. We information and determined an unsafe We determined that this proposed AD will also post a report summarizing each condition exists and is likely to exist or would not have federalism implications substantive verbal contact we receive develop on other products of the same under Executive Order 13132. This about this proposed AD. type design. proposed AD would not have a substantial direct effect on the States, on Discussion Differences Between This AD and the the relationship between the national Transport Canada Civil Aviation, MCAI or Service Information Government and the States, or on the which is the aviation authority for We have reviewed the MCAI and distribution of power and Canada, has issued Canadian related service information and, in responsibilities among the various Airworthiness Directive CF–2010–38R2, general, agree with their substance. But levels of government. dated March 17, 2011 (referred to after we might have found it necessary to use For the reasons discussed above, I this as ‘‘the MCAI’’), to correct an unsafe different words from those in the MCAI certify this proposed regulation:

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34016 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

1. Is not a ‘‘significant regulatory The emergency water dump pulley support Thereafter, at intervals not to exceed 100 action’’ under Executive Order 12866; bracket assembly, Part Number (P/N) 215– flight cycles, repeat the detailed inspections 2. Is not a ‘‘significant rule’’ under the 94711–2, has been found cracked or broken of the stiffeners. If any crack, deformation, or DOT Regulatory Policies and Procedures on a number of aeroplanes. Failure of the signs of corrosion are found, before further (44 FR 11034, February 26, 1979); and emergency water dump pulley support flight, replace the stiffeners with new 3. Will not have a significant bracket assembly in combination with other stiffeners, in accordance with the system failures such as an engine failure economic impact, positive or negative, Accomplishment Instructions of Bombardier during take off or pitch control system jam, Service Bulletin 215–A543, Revision 1, dated on a substantial number of small entities may result in a loss of control of the under the criteria of the Regulatory June 23, 2010 (for Model CL–215–1A10 and aeroplane. CL–215–6B11 (CL–215T Variant) airplanes); Flexibility Act. * * * * * or Bombardier Service Bulletin 215–A4424, We prepared a regulatory evaluation Compliance Revision 2, dated June 23, 2010 (for Model of the estimated costs to comply with CL–215–6B11 (CL–415 Variant) airplanes). this proposed AD and placed it in the (f) You are responsible for having the (j) Within 100 flight cycles or 60 days after AD docket. actions required by this AD performed within the effective date of this AD, whichever the compliance times specified, unless the occurs first, do the actions specified in List of Subjects in 14 CFR Part 39 actions have already been done. paragraphs (j)(1) and (j)(2) of this AD. Air transportation, Aircraft, Aviation Inspections and Corrective Actions Installation of the radius packers terminates safety, Incorporation by reference, (g) Within 50 flight cycles or 30 days after the repetitive detailed inspections of the Safety. the effective date of this AD, whichever support bracket assembly of the emergency The Proposed Amendment occurs first, do a general visual inspection to water dump pulley required by paragraph (i) determine if either universal solid (round of this AD. Accordingly, under the authority head) rivets or flush rivets of the bracket (1) Do a liquid penetrant inspection of the delegated to me by the Administrator, assembly of the emergency water dump stiffeners having P/N 215–94711–6 and P/N the FAA proposes to amend 14 CFR part pulley are installed, in accordance with the 215–94711–8 for cracks, deformation, or 39 as follows: Accomplishment Instruction of Bombardier signs of corrosion, in accordance with the Service Bulletin 215–A543, Revision 1, dated Accomplishment Instructions of Bombardier PART 39—AIRWORTHINESS June 23, 2010 (for Model CL–215–1A10 and Service Bulletin 215–A543, Revision 1, dated DIRECTIVES CL–215–6B11 (CL–215T Variant) airplanes); June 23, 2010 (for Model CL–215–1A10 and or Bombardier Service Bulletin 215–A4424, CL–215–6B11 (CL–215T Variant) airplanes); 1. The authority citation for part 39 Revision 2, dated June 23, 2010 (for Model or Bombardier Service Bulletin 215–A4424, continues to read as follows: CL–215–6B11 (CL–415 Variant) airplanes). Revision 2, dated June 23, 2010 (for Model (h) If, during the inspection required by Authority: 49 U.S.C. 106(g), 40113, 44701. CL–215–6B11 (CL–415 Variant) airplanes). If paragraph (g) of this AD, universal solid any crack, deformation, or sign of corrosion § 39.13 [Amended] rivets are determined to be installed: Within is found, before further flight, replace 50 flight cycles or 30 days after the effective 2. The FAA amends § 39.13 by adding damaged stiffeners with new stiffeners, in date of this AD, whichever occurs first, accordance with the Accomplishment the following new AD: replace the solid rivets with flush rivets, and Instructions of Bombardier Service Bulletin Bombardier, Inc.: Docket No. FAA–2011– install new stiffeners on the bracket assembly 215–A543, Revision 1, dated June 23, 2010 0565; Directorate Identifier 2010–NM– of the emergency water dump pulley, in 280–AD. accordance with the Accomplishment (for Model CL–215–1A10 and CL–215–6B11 Instructions of Bombardier Service Bulletin (CL–215T Variant) airplanes); or Bombardier Comments Due Date 215–A543, Revision 1, dated June 23, 2010 Service Bulletin 215–A4424, Revision 2, (a) We must receive comments by July 25, (for Model CL–215–1A10 and CL–215–6B11 dated June 23, 2010 (for Model CL–215–6B11 2011. (CL–215T Variant) airplanes); or Bombardier (CL–415 Variant) airplanes). (2) Re-install the bracket assembly of the Affected ADs Service Bulletin 215–A4424, Revision 2, dated June 23, 2010 (for Model CL–215–6B11 emergency water dump pulley using radius (b) None. (CL–415 Variant) airplanes). packers, in accordance with the Applicability (i) If, during the inspection required by Accomplishment Instructions of Bombardier paragraph (g) of this AD, flush rivets are Service Bulletin 215–A543, Revision 1, dated (c) This AD applies to Bombardier, Inc. determined to be installed; and for airplanes June 23, 2010 (for Model CL–215–1A10 and Model CL–215–1A10 airplanes, serial on which flush rivets are installed in CL–215–6B11 (CL–215T Variant) airplanes); numbers 1051 through 1125 inclusive; Model accordance with paragraph (h) of this AD: or Bombardier Service Bulletin 215–A4424, CL–215–6B11 (CL–215T Variant) airplanes, Revision 2, dated June 23, 2010 (for Model serial numbers 1056 through 1125 inclusive; Within 100 flight cycles or 60 days after the and Model CL–215–6B11 (CL–415 Variant) effective date of this AD, whichever occurs CL–215–6B11 (CL–415 Variant) airplanes). first, do a detailed inspection of the stiffeners airplanes, serial numbers 2001 through 2085 Credit for Actions Accomplished in for cracks, deformation, and signs of inclusive; certificated in any category. Accordance With Previous Service corrosion, in accordance with the Information Subject Accomplishment Instructions of Bombardier (d) Air Transport Association (ATA) of Service Bulletin 215–A543, Revision 1, dated (k) Actions accomplished before the America Code 25: Equipment/Furnishings. June 23, 2010 (for Model CL–215–1A10 and effective date of this AD according to the CL–215–6B11 (CL–215T Variant) airplanes); service bulletins specified in Table 1 of this Reason or Bombardier Service Bulletin 215–A4424, AD, are considered acceptable for (e) The mandatory continuing Revision 2, dated June 23, 2010 (for Model compliance with the corresponding actions airworthiness information (MCAI) states: CL–215–6B11 (CL–415 Variant) airplanes). specified in this AD.

TABLE 1—SERVICE BULLETINS FOR CREDIT

Bombardier service bulletin— Revision— Dated—

215-4424 ...... Original ...... January 25, 2010. 215-A4424 ...... 1 ...... May 18, 2010. 215-A543 ...... Original ...... May 19, 2010.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34017

FAA AD Differences Issued in Renton, Washington, on June 2, section 6402 of the Internal Revenue 2011. Note 1: This AD differs from the MCAI Code (Code). Section 6402 of the Code Kalene C. Yanamura, and/or service information as follows: authorizes the Secretary to make credits (1) Although Canadian Airworthiness Acting Manager, Transport Airplane or refunds. Section 6511 provides the Directive CF–2010–38R2, dated March 17, Directorate, Aircraft Certification Service. limitations period within which a 2011, has a compliance time of ‘‘No later than [FR Doc. 2011–14397 Filed 6–9–11; 8:45 am] taxpayer must file a claim for credit or 01 June 2011,’’ for Part II—Terminating BILLING CODE 4910–13–P refund and restricts the ability of the Action, this AD has a compliance time of Secretary to issue a credit or refund ‘‘Within 100 flight cycles or 60 days after the unless the claim is filed by the taxpayer effective date of this AD, whichever occurs DEPARTMENT OF THE TREASURY within that period. Section 7422 first.’’ We have coordinated this difference prohibits the maintenance of a suit for with Transport Canada Civil Aviation Internal Revenue Service refund until a claim has been duly filed (TCCA). with the Secretary. Currently, (2) Although Canadian Airworthiness 26 CFR Part 1 § 301.6402–2(a)(2) provides generally Directive CF–2010–38R2, dated March 17, [REG–137128–08] that a claim for credit or refund needs 2011, has an initial compliance time of to be filed with the service center ‘‘within 50 flight cycles after the effective RIN 1545–BI36 serving the internal revenue district in date of this AD’’ for identifying the type of which the tax was paid. The proposed rivet installed, this AD has a compliance time Claims for Credit or Refund regulations clarify that, unless otherwise of ‘‘within 50 flight cycles or 30 days after the AGENCY: Internal Revenue Service (IRS), directed, the proper place to file a claim effective date of this AD, whichever occurs for credit or refund is with the service ’’ Treasury. first. In addition, the follow-on inspections center at which the taxpayer currently in paragraph (i) of this AD for airplanes on ACTION: Notice of proposed rulemaking. would be required to file a tax return for which flush rivets are determined to be SUMMARY: This document contains ‘‘ the type of tax to which the claim installed, is within 100 flight cycles or 60 proposed regulations for filing a claim days after the effective date of this AD, relates, irrespective of where the tax was for credit or refund. The regulations whichever occurs first.’’ We have coordinated paid or was required to have been paid. provide guidance to taxpayers generally this difference with TCCA. This document also removes outdated as to the proper place to file a claim for portions of §§ 301.6402–2 and Other FAA AD Provisions credit or refund. The regulations are 301.6402–3 and revises the reference in (l) The following provisions also apply to updated to reflect changes made by the § 301.6402–4 to the Joint Committee on this AD: enactment of the Tax Reform Act of Taxation threshold referral amount (1) Alternative Methods of Compliance 1976, the Internal Revenue Service under section 6405. (AMOCs): The Manager, New York Aircraft Restructuring and Reform Act of 1998, Certification Office, ANE–170, FAA, has the and the Community Renewal Tax Relief Explanation of Provisions Act of 2000. The regulations further are authority to approve AMOCs for this AD, if I. The Proper Place To File a Claim for requested using the procedures found in 14 updated to reflect that the IRS may Credit or Refund CFR 39.19. In accordance with 14 CFR 39.19, prescribe additional claim forms. send your request to your principal inspector DATES: Written or electronic comments If a taxpayer is required to file a claim or local Flight Standards District Office, as and requests for a public hearing must for credit or refund on a particular form, appropriate. If sending information directly be received by September 8, 2011. then the claim must be filed in a manner to the ACO, send it to ATTN: Program ADDRESSES: Send submissions to: consistent with that form and the Manager, Continuing Operational Safety, CC:PA:LPD:PR (REG–137128–08), Room related instructions. For example, to FAA, New York ACO, 1600 Stewart Avenue, 5205, Internal Revenue Service, P.O. correct an amount reported on a Form Suite 410, Westbury, New York 11590; Box 7604, Ben Franklin Station, ‘‘ telephone 516–228–7300; fax 516–794–5531. 1040, U.S. Individual Income Tax Before using any approved AMOC, notify Washington, DC 20044. Submissions Return,’’ Treasury regulation your appropriate principal inspector, or may be hand-delivered between the § 301.6402–3(a)(2) requires that the lacking a principal inspector, the manager of hours of 8 a.m. and 4 p.m. to taxpayer file the claim on a Form the local flight standards district office/ CC:PA:LPD:PR (REG–137128–08), 1040X, ‘‘Amended U.S. Individual certificate holding district office. The AMOC Courier’s Desk, Internal Revenue Income Tax Return.’’ Accordingly, a approval letter must specifically reference Service, 1111 Constitution Avenue, claim for refund of an overpayment of this AD. NW., Washington, DC, or sent individual income taxes would need to (2) Airworthy Product: For any requirement electronically via the Federal be filed on a Form 1040X at the location in this AD to obtain corrective actions from eRulemaking Portal at http:// specified in the instructions provided a manufacturer or other source, use these www.regulations.gov (IRS REG–137128– for the form. If filing instructions are not actions if they are FAA-approved. Corrective 08). otherwise provided, a claim for credit or actions are considered FAA-approved if they FOR FURTHER INFORMATION CONTACT: refund must be filed with the service are approved by the State of Design Authority Concerning submission of comments or center at which the taxpayer would be (or their delegated agent). You are required request for a hearing, required to file a current tax return for to assure the product is airworthy before it [email protected], the type of tax to which the claim is returned to service. (202) 622–7180 (not a toll-free number); relates. Section 301.6402–2(a)(2) is Related Information concerning the proposed regulations, revised to clarify that claims should not (m) Refer to MCAI Canadian Airworthiness Micah A. Levy, (202) 622–3630 (not a be filed at a different location based Directive CF–2010–38R2, dated March 17, toll-free number). upon where the tax either was paid or 2011; Bombardier Service Bulletin 215– SUPPLEMENTARY INFORMATION: was required to have been paid. Nor A543, Revision 1, dated June 23, 2010; and would it be relevant if the tax was Bombardier Service Bulletin 215–A4424, Background properly paid at a different location in Revision 2, dated June 23, 2010; for related This document contains proposed a prior year because the taxpayer had a information. amendments to 26 CFR part 301 under change in residence.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34018 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

II. The Proper Form for Filing a Claim 1998, Public Law 105–206, 112 Stat. the Omnibus Budget Reconciliation Act for Credit or Refund 685. The technical revisions also of 1990, Public Law 101–508, 104 Stat. The IRS has prescribed various forms remove the references to a district 1388, 1388–560, and section 1210(a) of that must be used to file a claim for director or director of the regional the Tax Reform Act of 1976, 90 Stat. credit or refund for a particular tax. For service center in §§ 301.6402–3 and 1520, 1522, revised the threshold 301.6402–4, as those positions no longer example, as explained in this preamble, referral amount in section 6405 by exist within the IRS. an individual taxpayer must use a Form replacing $100,000 with $2,000,000. To 1040X to file a claim for refund of V. Outdated Provisions avoid the need to revise this regulation again to reflect any future change in the income tax. The proposed regulations Treasury Decision 6950, 1968–1 CB threshold amount, the parenthetical would revise § 301.6402–2(c) to provide 528 (33 FR 5354) (Aug. 4, 1968), revised that taxpayers must use the form paragraph (a)(2) of § 301.6402–2 to reference to the specific amount prescribed for filing a particular claim distinguish between claims filed before required for the section 6405 threshold for credit or refund. When there is no and claims filed on or after April 15, referral is removed. alternative form prescribed, a claim for 1968. Those revisions provided that Proposed Effective Date credit or refund is to be filed on a Form claims filed before April 15, 1968 must 843, ‘‘Claim for Refund and Request for be filed in the office of the internal These rules, when they are Abatement.’’ revenue officer to whom the tax was promulgated as final regulations, will III. Claims for Employment Taxes paid. For claims filed on or after April apply to claims for credit or refund filed 15, 1968, claims were directed to be on or after the date that the final On July 1, 2008, final regulations (TD filed with the service center serving the regulations are published in the Federal 9405) relating to employment tax internal revenue district in which the Register. The rules in these proposed adjustments and employment tax refund tax was paid. regulations may be relied upon by claims were published in the Federal Treasury Decision 7410, 1976–1 CB taxpayers making claims for credit or Register (73 FR 37371). Those final 384 (41 FR 11019) (Mar. 16, 1976), regulations modify the process for refund before publication of the revised paragraph (c) of § 301.6402–2 to Treasury decision. making claims for refund of distinguish between claims filed before overpayments of employment taxes and claims filed on or after July 1, 1976. Special Analyses under section 6402. To file a claim to Those revisions provided that, except correct errors discovered on or after for claims for the refund of It has been determined that this notice January 1, 2009, an employer now uses overpayments of income taxes filed on of proposed rulemaking is not a the form that corresponds to the return or after July 1, 1976, all refund claims significant regulatory action as defined being corrected. The new forms for taxes, interest, penalties, and in Executive Order 12866. Therefore, a correspond with Form 941, ‘‘Employer’s additions to tax needed to be filed on regulatory assessment is not required. It QUARTERLY Federal Tax Return’’; Form 843, ‘‘Claim for Refund and has also been determined that section Form 943, ‘‘Employer’s Annual Federal Request for Abatement.’’ Treasury 553(b) of the Administrative Procedure Tax Return for Agricultural Employees’’; Decision 7410 also revised paragraphs Act (5 U.S.C. chapter 5) and the Form 944, ‘‘Employer’s ANNUAL (a) and (b) of § 301.6402–3 to prescribe Regulatory Flexibility Act (5 U.S.C. Federal Tax Return’’; Form 945, ‘‘Annual different form requirements for claims chapter 6) do not apply to the Return of Withheld Federal Income for the refund of overpayments of regulations, and, therefore, a regulatory Tax’’; and Form CT–1, ‘‘Employer’s income taxes depending on whether the flexibility analysis is not required. Annual Railroad Retirement Tax claim was filed before July 1, 1976, or Pursuant to section 7805(f) of the Return.’’ For example, Form 941–X, would be filed on or after July 1, 1976. Internal Revenue Code, this regulation ‘‘Adjusted Employer’s QUARTERLY The regulations are revised to remove has been submitted to the Chief Counsel Federal Tax Return or Claim for the outdated guidance regarding the for Advocacy of the Small Business Refund,’’ is used by employers instead varying requirements based on these Administration for comments on its of Form 843, ‘‘Claim for Refund and dates. impact on small businesses. Request for Abatement.’’ The new ‘‘X’’ forms are used to claim refunds, make VI. Section 6405 Comments and Requests for a Public adjustments, and request abatements of Section 6405 requires the advance Hearing employment taxes. In addition, referral of a report to the Joint Before these proposed regulations are § 301.6402–2(d) is revised to provide Committee on Taxation regarding that when filing a claim for employment specified types of refunds or credits in adopted as final regulations, taxes, a separate claim must be made for excess of a threshold amount (currently consideration will be given to any each taxable period. For example, if an $2,000,000). Section 1907(a)(1) of the written (a signed original and 8 copies) employer overpaid social security taxes Tax Reform Act of 1976, Public Law 94– or electronic comments that are on Forms 941 filed for the third and 455, 90 Stat. 1520, 1835, amended submitted timely to the IRS. The IRS fourth quarters in 2009, then the section 6405 to reference the ‘‘Joint and the Treasury Department request employer must file a separate Form Committee on Taxation,’’ instead of the comments on the clarity of the proposed 941–X for each quarter. ‘‘Joint Committee on Internal Revenue rules and how they can be made easier Taxation.’’ The proposed regulations to understand. All comments will be IV. Internal Revenue Districts would update the reference to the ‘‘Joint available for public inspection and The proposed regulations make Committee on Internal Revenue copying. A public hearing will be technical revisions that remove the Taxation’’ in § 301.6402–4 with a scheduled if requested in writing by any reference to ‘‘internal revenue districts’’ reference to the ‘‘Joint Committee on person that timely submits written in § 301.6402–2(a)(2), because such Taxation.’’ Section 305(a) of the comments. If a public hearing is reference has been made obsolete by the Community Renewal Tax Relief Act of scheduled, notice of the date, time, and enactment of the Internal Revenue 2000, Public Law 106–554, 114 Stat. place for the public hearing will be Service Restructuring and Reform Act of 2763, 2763A–634, section 11834(a) of published in the Federal Register.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34019

Drafting Information interest, penalties, and additions to tax § 301.6402–4 Payments in excess of amounts shown on return. The principal author of the proposed shall be made on Form 843, ‘‘Claim for regulations is Micah A. Levy, Office of Refund and Request for Abatement.’’ For In certain cases, a taxpayer’s the Associate Chief Counsel (Procedure special rules applicable to income taxes, payments in respect of a tax liability, & Administration). see § 301.6402–3. For provisions made before the filing of the return, may relating to credits and refunds of taxes exceed the amount of tax shown on the List of Subjects in 26 CFR Part 301 other than income tax, see the return. For example, such payments Employment taxes, Estate taxes, regulations relating to the particular tax. may arise in the case of income tax if (d) Separate claims for separate Excise taxes, Gift taxes, Income taxes, the estimated tax payments or the credit taxable periods. In the case of income Penalties, Reporting and recordkeeping for income tax withheld at the source on and gift taxes, income tax withheld, requirements. wages exceeds the amount of tax shown taxes under the Federal Insurance on the return, or if the installment Proposed Amendments to the Contributions Act, taxes under the payments based on a corporation‘s Regulations Railroad Retirement Tax Act, and taxes estimate of its tax liability on an under the Federal Unemployment Tax Accordingly, 26 CFR part 301 is application for an extension of time to proposed to be amended as follows: Act, a separate claim shall be made for each return for each taxable period. file its return exceeds the tax liability PART 301—PROCEDURE AND shown on the return subsequently filed. * * * * * In any case in which the Secretary ADMINISTRATION (g) Effective/Applicability date. This determines that the payments by the section is applicable on the date that the Paragraph 1. The authority citation taxpayer (made within the period final regulations are published in the for part 301 continues to read as prescribed for payment and before the follows: Federal Register. Par. 3. Section 301.6402–3 is filing of the return) are in excess of the Authority: 26 U.S.C. 7805 * * * amended by revising paragraph (a) amount of tax shown on the return, the Secretary may make credit or refund of Par. 2. Section 301.6402–2 is introductory text, removing paragraph such overpayment without awaiting amended by revising paragraphs (a)(2), (b), redesignating paragraphs (c), (d), (e) examination of the completed return (b)(2), (c), and (d) and adding paragraph and (f), as (b), (c), (d) and (e), and without awaiting filing of a claim (g) to read as follows: respectively, and revising paragraphs (b) and (e) to read as follows: for refund. The provisions of § 301.6402–2 Claims for credit or refund. §§ 301.6402–2 and 301.6402–3 are (a) * * * § 301.6402–3 Special rules applicable to applicable to such overpayment, and (2) Except as provided in paragraph income tax. taxpayers should submit claims for (b) of § 301.6091–1 (relating to hand- (a) In the case of a claim for credit or refund (if the income tax return is not carried documents), the claim, together refund of income tax— itself a claim for refund, as provided in with appropriate supporting evidence, * * * * * § 301.6402–3) to protect themselves in generally must be filed with the service (b) The filing of a properly executed the event the Secretary fails to make center at which the taxpayer currently income tax return shall, in any case in such determination and credit or would be required to file a tax return for which the taxpayer is not required to refund. The provisions of section 6405 the type of tax to which the claim show the tax on the form (see section (relating to reports of refunds in excess relates. Notwithstanding the preceding 6014 and the regulations), be treated as of the statutorily prescribed threshold sentence, if a taxpayer is required to file a claim for refund and such return shall referral amount to the Joint Committee a claim for credit or refund on a constitute a claim for refund within the on Taxation) are not applicable to the particular form, then the claim must be meaning of section 6402 and section overpayments described in this section filed in a manner consistent with such 6511 for the amount of the overpayment caused by timely payments of tax which form and form instructions. If a taxpayer shown by the computation of the tax exceed the amount of tax shown on a is filing a claim in response to an IRS made by the Secretary on the basis of timely filed return. notice or correspondence, then the the return. Whether such claim is timely Steven T. Miller, claim must be filed in accordance with filed within the limitations period the specific instructions contained in prescribed by section 6511 will be Deputy Commissioner for Services and Enforcement. the notice or correspondence regarding governed by the date on which the the proper address for filing. As to return is considered filed, except that if [FR Doc. 2011–14465 Filed 6–9–11; 8:45 am] interest in the case of credits or refunds, the requirements of § 301.7502–1 BILLING CODE 4830–01–P see section 6611. See section 7502 for (relating to timely mailing treated as provisions treating timely mailing as timely filing) are met, the claim shall be timely filing, and section 7503 for the considered to have been filed on the DEPARTMENT OF THE TREASURY date of the postmark stamped on the time for filing a claim when the last day Internal Revenue Service falls on Saturday, Sunday, or a legal cover in which the return was mailed. holiday. * * * * * (b) * * * (e) Effective/Applicability date. This 26 CFR Part 1 (2) The IRS does not have the section is applicable on the date that the authority to refund on equitable grounds final regulations are published in the [REG–101352–11] penalties or other amounts legally Federal Register, except that references collected. in paragraph (d) of this section to Form RIN 1545–BK00 (c) Form for filing claim. Unless the 8805 or other statements required under IRS otherwise has prescribed a § 1.1446–3(d)(2) shall apply to Requirements for Taxpayers Filing particular form on which the claim must partnership taxable years beginning Form 5472 be filed, in which case the claim shall after April 29, 2008. be made on such other form, all claims Par. 4. Section 301.6402–4 is revised AGENCY: Internal Revenue Service (IRS), by taxpayers for the refunding of taxes, to read as follows: Treasury.

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34020 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

ACTION: Notice of proposed rulemaking the temporary regulations and these Par. 2. Section 1.6038A–1 is amended by cross-reference to temporary proposed regulations. by revising paragraph (n)(2) to read as regulations. follows: Special Analyses SUMMARY: In the Rules and Regulations It has been determined that this notice § 1.6038A–1 General requirements and section of this issue of the Federal of proposed rulemaking is not a definitions. Register, the Treasury Department and significant regulatory action as defined * * * * * the IRS are issuing temporary in Executive Order 12866. Therefore, a (n) * * * regulations that remove the duplicate regulatory assessment is not required. It (2) [The text of the proposed filing requirement for Form 5472, also has been determined that section amendment to § 1.6038A–1(n)(2) is the ‘‘Information Return of a 25% Foreign- 553(b) of the Administrative Procedure same as the text of § 1.6038A–1T(n)(2) Owned U.S. Corporation or a Foreign Act (5 U.S.C. chapter 5) does not apply published elsewhere in this same issue Corporation Engaged in a U.S. Trade or to these regulations, and because the of the Federal Register]. Business.’’ Under this requirement, rule does not impose a collection of * * * * * certain corporations that must file Form information on small entities, the Par. 3. Section 1.6038A–2 is amended 5472 must also file a duplicate Form provisions of the Regulatory Flexibility by revising paragraphs (d) and (e) to 5472 (including attachments and Act (5 U.S.C. chapter 6) do not apply. read as follows: schedules) with the Internal Revenue Pursuant to section 7805(f) of the Service Center in Philadelphia, PA. Internal Revenue Code, this notice of § 1.6038A–2 Requirement of return. Because the IRS has determined that proposed rulemaking has been * * * * * duplicate filing is no longer necessary, submitted to the Chief Counsel for (d) [The text of the proposed the requirement is being removed by the Advocacy of the Small Business amendment to § 1.6038A–2(d) is the temporary regulations. The text of those Administration for comment on its same as the text of § 1.6038A–2T(d) temporary regulations also serves as the impact on small business. published elsewhere in this issue of the text of these proposed regulations. Comments on Public Hearing Federal Register.] DATES: Written or electronic comments (e) [The text of the proposed and requests for a public hearing must Before these proposed regulations are amendment to § 1.6038A–2(e) is the be received by September 8, 2011. adopted as final regulations, same as the text of § 1.6038A–2T(e) consideration will be given to any ADDRESSES: Send submissions to: published elsewhere in this issue of the written (a signed original and eight (8) Federal Register.] CC:PA:LPD:PR (REG–101352–11), room copies) or electronic comments that are * * * * * 5203, Internal Revenue Service, P.O. submitted timely to the IRS. The IRS Box 7604, Ben Franklin Station, and the Treasury Department Steven T. Miller, Washington, DC 20044. Submissions specifically request comments on the may be hand-delivered Monday through Deputy Commissioner for Services and clarity of the proposed regulations and Enforcement. Friday between the hours of 8 a.m. and how they can be made easier to 4 p.m. to CC:PA:LPD:PR (REG–101352– [FR Doc. 2011–14469 Filed 6–9–11; 8:45 am] understand. All comments will be BILLING CODE 4830–01–P 11), Courier’s Desk, Internal Revenue available at http://www.regulations.gov Service, 1111 Constitution Avenue, or upon request. A public hearing may NW., Washington, DC, or sent be scheduled if requested by any person electronically via the Federal ENVIRONMENTAL PROTECTION who timely submits comments. If a AGENCY eRulemaking Portal at http:// public hearing is scheduled, notice of www.regulations.gov (IRS—REG– the date, time, and place for the hearing 40 CFR Part 52 101352–11). will be published in the Federal FOR FURTHER INFORMATION CONTACT: Register. [EPA–R03–OAR–2009–0881; FRL–9309–1] Concerning the proposed regulations Gregory A. Spring, (202) 435–5265; Drafting Information Approval and Promulgation of Air concerning submissions of comments, The principal author of these Quality Implementation Plans; the hearing, and/or to be placed on the regulations is Gregory A. Spring of the Pennsylvania; Revisions to building access list to attend the Office of Associate Chief Counsel Requirements for Major Sources hearing, Oluwafunmilayo (Funmi) P. (International). However, other Locating in or Impacting a Taylor, (202) 622–7180 (not toll-free personnel from the IRS and Treasury Nonattainment Area in Allegheny numbers). Department participated in their County SUPPLEMENTARY INFORMATION development. AGENCY: Environmental Protection Agency (EPA). Background and Explanation of List of Subjects in 26 CFR Part 1 Provisions Income taxes, Reporting and ACTION: Proposed rule. Temporary regulations in the Rules recordkeeping requirements. SUMMARY: EPA is taking direct final and Regulations section of this issue of Proposed Amendments to the action to approve a revision to the the Federal Register amend 26 CFR part Regulations Pennsylvania State Implementation Plan 1. The temporary regulations remove the Accordingly, 26 CFR part 1 is (SIP) which was submitted on requirement contained in § 1.6038A– proposed to be amended as follows: November 16, 2006 by the Pennsylvania 2(d) and § 1.6038A–2(e) that a duplicate Department of Environmental Protection Form 5472 must be filed with the PART 1—INCOME TAXES (PADEP). This change to Allegheny Internal Revenue Service Center in County’s Air Pollution Control Rules Philadelphia, PA. The text of the Paragraph 1. The authority citation and Regulations amends the existing temporary regulations also serves as the for part 1 continues to read in part as requirements for sources locating in or text of these regulations. The preamble follows: impacting a nonattainment area in to the temporary regulations explains Authority: 26 CFR U.S.C. 7805 * * * Allegheny County by incorporating

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34021

Federal modeling requirements. In the submit an electronic comment, EPA ENVIRONMENTAL PROTECTION Final Rules section of this Federal recommends that you include your AGENCY Register, EPA is approving the State’s name and other contact information in SIP submittal as a direct final rule the body of your comment and with any 40 CFR Part 52 without prior proposal because the EPA disk or CD–ROM you submit. If EPA [EPA–R03–OAR–2011–0286; FRL–9318–2] views this as a noncontroversial cannot read your comment due to submittal and anticipates no adverse technical difficulties and cannot contact Approval and Promulgation of Air comments. If no adverse comments are you for clarification, EPA may not be Quality Implementation Plans; received in response to this action, no able to consider your comment. Pennsylvania; Control of Nitrogen further activity is contemplated. If EPA Electronic files should avoid the use of Oxides Emissions From Glass Melting receives adverse comments, the direct special characters, any form of Furnaces final rule will be withdrawn and all encryption, and be free of any defects or public comments received will be AGENCY: Environmental Protection viruses. addressed in a subsequent final rule Agency (EPA). based on this proposed rule. EPA will Docket: All documents in the ACTION: Proposed rule. not institute a second comment period. electronic docket are listed in the Any parties interested in commenting http://www.regulations.gov index. SUMMARY: EPA is proposing to approve on this action should do so at this time. Although listed in the index, some a State Implementation Plan (SIP) revision submitted by the DATES: Comments must be received in information is not publicly available, Commonwealth of Pennsylvania. This writing by July 11, 2011. i.e., CBI or other information whose revision pertains to the control of ADDRESSES: Submit your comments, disclosure is restricted by statute. Certain other material, such as nitrogen oxide (NOX) emissions from identified by Docket ID Number EPA– glass melting furnaces. This action is copyrighted material, is not placed on R03–OAR–2009–0881 by one of the being taken under the Clean Air Act the Internet and will be publicly following methods: (CAA). A. http://www.regulations.gov. Follow available only in hard copy form. the online instructions for submitting Publicly available docket materials are DATES: Written comments must be comments. available either electronically in http:// received on or before July 11, 2011. B. E-mail: [email protected]. www.regulations.gov or in hard copy ADDRESSES: Submit your comments, C. Mail: EPA–R03–OAR–2009–0881, during normal business hours at the Air identified by Docket ID Number EPA– Kathleen Cox, Associate Director, Office Protection Division, U.S. Environmental R03–OAR–2011–0286 by one of the of Permits and Air Toxics, Mailcode Protection Agency, Region III, 1650 following methods: 3AP10, U.S. Environmental Protection Arch Street, Philadelphia, Pennsylvania A. http://www.regulations.gov. Follow Agency, Region III, 1650 Arch Street, 19103. Copies of Pennsylvania the on-line instructions for submitting Philadelphia, Pennsylvania 19103. Department of Environmental comments. D. Hand Delivery: At the previously- Protection, Bureau of Air Quality B. E-mail: [email protected]. listed EPA Region III address. Such Control, P.O. Box 8468, 400 Market deliveries are only accepted during the C. Mail: EPA–R03–OAR–2011–0286, Street, Harrisburg, Pennsylvania 17105; Docket’s normal hours of operation, and Cristina Fernandez, Associate Director, and the Allegheny County Health special arrangements should be made Office of Air Program Planning, for deliveries of boxed information. Department, Bureau of Environmental Mailcode 3AP30, U.S. Environmental Instructions: Direct your comments to Quality, Division of Air Quality, 301 Protection Agency, Region III, 1650 Docket ID No. EPA–R03–OAR–2009– 39th Street, Pittsburgh, Pennsylvania Arch Street, Philadelphia, Pennsylvania 0881. EPA’s policy is that all comments 15201. 19103. received will be included in the public FOR FURTHER INFORMATION CONTACT: Paul D. Hand Delivery: At the previously- docket without change, and may be T. Wentworth, (215) 814–2183, or by listed EPA Region III address. Such made available online at http:// deliveries are only accepted during the e-mail at [email protected]. www.regulations.gov, including any Docket’s normal hours of operation, and personal information provided, unless SUPPLEMENTARY INFORMATION: For special arrangements should be made the comment includes information further information, please see the for deliveries of boxed information. claimed to be Confidential Business information provided in the direct final Instructions: Direct your comments to Information (CBI) or other information action, with the same title, that is Docket ID No. EPA–R03–OAR–2011– whose disclosure is restricted by statute. located in the ‘‘Rules and Regulations’’ 0286. EPA’s policy is that all comments Do not submit information that you section of this Federal Register received will be included in the public consider to be CBI or otherwise publication. docket without change, and may be protected through http:// made available online at http:// www.regulations.gov or e-mail. The Dated: May 6, 2011. www.regulations.gov, including any http://www.regulations.gov Web site is W.C. Early, personal information provided, unless an ‘‘anonymous access’’ system, which Acting Regional Administrator, Region III. the comment includes information means EPA will not know your identity [FR Doc. 2011–14231 Filed 6–9–11; 8:45 am] claimed to be Confidential Business or contact information unless you BILLING CODE 6560–50–P Information (CBI) or other information provide it in the body of your comment. whose disclosure is restricted by statute. If you send an e-mail comment directly Do not submit information that you to EPA without going through http:// consider to be CBI or otherwise www.regulations.gov, your e-mail protected through http:// address will be automatically captured www.regulations.gov or e-mail. The and included as part of the comment http://www.regulations.gov Web site is that is placed in the public docket and an ‘‘anonymous access’’ system, which made available on the Internet. If you means EPA will not know your identity

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34022 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

or contact information unless you members include Pennsylvania, owner or operator calculates and reports provide it in the body of your comment. Connecticut, Delaware, Maine, the CEMS data and glass production If you send an e-mail comment directly Maryland, Massachusetts, New data used to show compliance with the to EPA without going through http:// Hampshire, New Jersey, New York, allowable NOX emissions limitations on www.regulations.gov, your e-mail Rhode Island, Vermont, Virginia, and a quarterly basis no later than 30 days address will be automatically captured the District of Columbia. The OTC was after the end of the quarter. A detailed and included as part of the comment created under section 184 of the CAA to summary of EPA’s review of and that is placed in the public docket and establish regulatory programs to reduce rationale for proposing to approve this made available on the Internet. If you ozone precursor emissions, which SIP revision may be found in the submit an electronic comment, EPA includes the reduction of NOX Technical Support Document (TSD) for recommends that you include your emissions from glass melting furnaces. this action which is available on line at name and other contact information in II. Summary of SIP Revision http://www.regulations.gov, Docket the body of your comment and with any number EPA–R03–OAR–2011–0286. disk or CD–ROM you submit. If EPA The SIP revision adds definitions and III. Proposed Action cannot read your comment due to terms to Title 25 of the Pennsylvania technical difficulties and cannot contact Code (25 Pa. Code) Chapter 121.1, EPA is proposing to approve the you for clarification, EPA may not be relating to definitions, used in the Pennsylvania SIP revision for the substantive provision of this SIP able to consider your comment. control of NOX emissions from glass Electronic files should avoid the use of revision. In addition, the SIP revision melting furnaces submitted on July 23, special characters, any form of adds a new regulation pertaining to the 2010. This regulation will reduce NOX emission standards in 25 Pa. Code encryption, and be free of any defects or emissions of NOX from glass melting Chapter 129 (Standard of Sources) viruses. furnaces. The reduction of NOX Docket: All documents in the sections 129.301 through 129.310 emissions will also help protect the electronic docket are listed in the (Control of NOX Emissions from Glass public health from high levels of ozone Melting Furnaces). The new regulation http://www.regulations.gov index. and fine particular matter (PM2.5), of applies to an owner or operator of a Although listed in the index, some which NOX is a precursor component. glass melting furnace that emits or has information is not publicly available, The reduction of NOX emissions also i.e., CBI or other information whose the potential to emit NOX at a rate reduces visibility impairment and acid disclosure is restricted by statute. greater than 50 tons per year in the deposition. EPA is soliciting public Certain other material, such as Commonwealth of Pennsylvania, comments on the issues discussed in copyrighted material, is not placed on including the local air pollution control this document. These comments will be agencies in Philadelphia and Allegheny the Internet and will be publicly considered before taking final action. Counties. The new regulation consists of available only in hard copy form. the following: (1) New definitions and IV. Statutory and Executive Order Publicly available docket materials terms; (2) exemptions that the emission Reviews are available either electronically in requirements do not apply during http://www.regulations.gov or in hard Under the CAA, the Administrator is periods of start-up, shutdown or idling, copy during normal business hours at required to approve a SIP submission if the owner or operator complies with the Air Protection Division, U.S. that complies with the provisions of the the start-up, shutdown and idling Environmental Protection Agency, CAA and applicable Federal regulations. requirements; (3) emission requirements Region III, 1650 Arch Street, 42 U.S.C. 7410(k); 40 CFR 52.02(a). which provide the owner or operator of Philadelphia, Pennsylvania 19103. Thus, in reviewing SIP submissions, a glass melting furnace to determine Copies of the State submittal are EPA’s role is to approve state choices, allowable NO emissions by X provided that they meet the criteria of available at the Pennsylvania multiplying the tons of glass pulled by the CAA. Accordingly, this action Department of Environmental each furnace; (4) start-up requirements Protection, Bureau of Air Quality where the start-up exemption identifies merely proposes to approve state law as Control, P.O. Box 8468, 400 Market the control technologies or strategies to meeting Federal requirements and does Street, Harrisburg, Pennsylvania 17105. be used to minimize emissions; not impose additional requirements FOR FURTHER INFORMATION CONTACT: Rose (5) shutdown requirements where the beyond those imposed by state law. For Quinto, (215) 814–2182, or by e-mail at that reason, this proposed action: duration as measured from the time the • [email protected]. furnace operation drops below 25 Is not a ‘‘significant regulatory SUPPLEMENTARY INFORMATION: percent of the permitted production action’’ subject to review by the Office Throughout this document, whenever capacity or fuel use capacity to when all of Management and Budget under ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean emissions from the furnace cease, will Executive Order 12866 (58 FR 51735, EPA. On July 23, 2010, the Pennsylvania not exceed 20 days; (6) idling October 4, 1993); • Department of Environmental Protection requirements that provide the owner or Does not impose an information (PADEP) submitted a revision to its operator operate the emission control collection burden under the provisions State Implementation Plan for the system whenever technologically of the Paperwork Reduction Act control of NOX from glass melting feasible during idling to minimize (44 U.S.C. 3501 et seq.); furnaces. emissions; (7) compliance • Is certified as not having a determination by installing, operating significant economic impact on a I. Background and maintaining continuous emissions substantial number of small entities The SIP revision consists of a monitoring systems (CEMS); (8) under the Regulatory Flexibility Act (5 regulation to control NOX emissions compliance demonstration on a furnace- U.S.C. 601 et seq.); from glass melting furnaces. This SIP by-furnace basis, facility-wide emissions • Does not contain any unfunded revision is based on the Ozone averaging basis, or a system-wide mandate or significantly or uniquely Transport Commission (OTC) control emissions averaging basis among glass affect small governments, as described measure to reduce NOX emissions from melting furnaces; and (9) reporting and in the Unfunded Mandates Reform Act glass melting furnaces. The OTC recordkeeping requirements where the of 1995 (Pub. L. 104–4);

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34023

• Does not have Federalism ACTION: Proposed rule; request for • Mail or hand-delivery: Submit implications as specified in Executive comments; notice of availability of an written comments to the Assistant Order 13132 (64 FR 43255, August 10, environmental assessment. Regional Administrator, Protected 1999); Resources Division, NMFS, Northeast • Is not an economically significant SUMMARY: This proposed rule proposes Region, 55 Great Republic Drive, regulatory action based on health or to extend the Endangered Species Act Gloucester, MA 01930. safety risks subject to Executive Order (ESA) section 9(a)(1)(A) through Instructions: All comments received 13045 (62 FR 19885, April 23, 1997); 9(a)(1)(G) prohibitions to all activities are a part of the public record and will • Is not a significant regulatory action impacting the Gulf of Maine (GOM) generally be posted to http:// subject to Executive Order 13211 Distinct Population Segment (DPS) of www.regulations.gov without change. (66 FR 28355, May 22, 2001); Atlantic sturgeon throughout its range All Personal Identifying Information (for • Is not subject to requirements of except for two types of activities, example, name, address, etc.) Section 12(d) of the National scientific research and rescue/salvage voluntarily submitted by the commenter Technology Transfer and Advancement activities, when those activities occur may be publicly accessible. Do not Act of 1995 (15 U.S.C. 272 note) because within the riverine range of the GOM submit Confidential Business application of those requirements would DPS. The ESA section 9 prohibitions are Information or otherwise sensitive or be inconsistent with the CAA; and comprehensive and pertain to any protected information. • Does not provide EPA with the person subject to the jurisdiction of the We will accept anonymous comments discretionary authority to address, as United States. Specifically, section 9 of (enter ‘‘n/a’’ in the required fields if you appropriate, disproportionate human the ESA prohibits the import, export, wish to remain anonymous). health or environmental effects, using taking, possession, sale or offering for Attachments to electronic comments practicable and legally permissible sale in interstate or foreign commerce, will be accepted in Microsoft Word, methods, under Executive Order 12898 delivery, receiving of, carrying, Excel, WordPerfect, or Adobe PDF file (59 FR 7629, February 16, 1994). transportation, or shipping in interstate formats only. In addition, this proposed rule, or foreign commerce any such species, The proposed rule and other reference pertaining to Pennsylvania’s control of or violation of any regulation pertaining materials regarding this determination NOX emissions from glass melting to such species. On October 6, 2010, we, are available electronically at http:// furnaces, does not have tribal the National Marine Fisheries Service www.nero.noaa.gov/prot_res/ implications as specified by Executive (NMFS), proposed to list the DPS of atlsturgeon/under the section titled Order 13175 (65 FR 67249, November 9, Atlantic sturgeon in the GOM as ‘‘What’s New’’ or by submitting a request 2000), because the SIP is not approved threatened under the ESA. When a to the Assistant Regional Administrator, to apply in Indian country located in the species is listed as ‘‘threatened’’ under Protected Resources Division, NMFS, state, and EPA notes that it will not the ESA, we are required to issue Northeast Region, 55 Great Republic impose substantial direct costs on tribal protective regulations under section 4(d) Dive, Gloucester, MA 01930. governments or preempt tribal law. of the ESA. Such protective regulations FOR FURTHER INFORMATION CONTACT: are ones deemed ‘‘necessary and List of Subjects in 40 CFR Part 52 Lynn Lankshear, NMFS, Northeast advisable for the conservation of the Region (978) 282–8473, Kimberly Environmental protection, Air species’’ and may include any act Damon-Randall, NMFS, Northeast pollution control, Nitrogen dioxide, prohibited for endangered species under Region (978) 282–8485 or Lisa Manning, Ozone, Particulate matter, Reporting section 9(a)(1) of the ESA. The NMFS, Office of Protected Resources and recordkeeping requirements. prohibitions and exceptions proposed in (301) 713–1401. this rule are deemed necessary and Authority: 42 U.S.C. 7401 et seq. SUPPLEMENTARY INFORMATION: advisable for the conservation of this Dated: May 25, 2011. species. We expect that the result of Background W.C. Early, extending such prohibitions will be to As described in the Federal Register Acting Regional Administrator, Region III. protect the GOM DPS of Atlantic notices published October 6, 2010 (75 sturgeon from direct forms of take, such [FR Doc. 2011–14455 Filed 6–9–11; 8:45 am] FR 61872 and 75 FR 61904), NMFS as physical injury or killing, and from BILLING CODE 6560–50–P determined that there are five Atlantic indirect forms of take, such as harm that sturgeon DPSs within the United States. results from habitat degradation while Along with the GOM DPS, there are also still allowing scientific research as well DEPARTMENT OF COMMERCE the New York Bight (NYB), Chesapeake as salvage of dead fish and rescue of Bay (CB), Carolina, and South Atlantic injured fish by experienced personnel. National Oceanic and Atmospheric DPSs. NMFS has determined that listing These actions will help preserve and Administration all of the U.S. Atlantic sturgeon DPSs recover the GOM DPS of Atlantic except the GOM DPS as endangered is sturgeon by addressing the negative 50 CFR Part 223 warranted. effects from stressors impeding recovery The prohibitions listed under section [Docket No. 100813359–1195–01] of the DPS. 9(a)(1) of the ESA automatically apply RIN 0648–AY96 DATES: Comments on this proposal must when a species is listed as endangered be received by August 9, 2011. Endangered and Threatened Species; but not when listed as threatened. Proposed Protective Regulations for ADDRESSES: You may submit comments, Section 9 of the ESA prohibits any the Gulf of Maine Distinct Population identified by the RIN No. 0648–AY96, person subject to the jurisdiction of the Segment of Atlantic Sturgeon by any of the following methods: United States from: (a) Importing any • Federal eRulemaking Portal: http// such species into, or exporting any such AGENCY: National Marine Fisheries www.regulations.gov. Follow the species from the U.S.; (b) taking any Service (NMFS), National Oceanic and instructions for submitting comments. such species within the U.S. or the U.S. Atmospheric Administration (NOAA), • Fax: To the attention of Lynn territorial sea; (c) taking any such Commerce. Lankshear at (978) 281–9394. species upon the high seas; (d)

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34024 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

possessing, selling, delivering, carrying, Johns River, FL and overlaps throughout Comprehensive information on transporting, or shipping, by any means with the marine range of Atlantic current abundance for the GOM DPS of whatsoever, any such species that was sturgeon that originate from the other Atlantic sturgeon does not exist illegally taken; (e) delivering, receiving, four U.S. DPSs that are proposed to be (ASSRT, 2007). However, surveys have carrying, transporting, or shipping in listed as endangered. provided qualitative information on interstate or foreign commerce, by any Because Atlantic sturgeon use both Atlantic sturgeon abundance for the means whatsoever and in the course of riverine waters and the marine GOM DPS, including river-specific commercial activity, any such species; environment, they are affected by a information on abundance, trends, (f) selling or offering for sale in multitude of activities. Coast-wide evidence of spawning, and/or interstate or foreign commerce any such commercial over-harvesting throughout documentation of multiple year-classes. species; or (g) violating any regulation the 19th century and most of the 20th For example, new evidence of Atlantic pertaining to such species or to any century caused a precipitous decline in sturgeon year-round presence in the threatened species of fish or wildlife. Atlantic sturgeon abundance for all of Saco River, where they have not been The ESA defines ‘‘take’’ as to harass, the U.S. Atlantic sturgeon DPSs. A observed for many years, suggests that harm, pursue, hunt, shoot, wound, kill, coast-wide moratorium on harvesting the numbers of Atlantic sturgeon in the trap, capture, or collect, or attempt to Atlantic sturgeon was implemented in GOM DPS may be increasing. engage in any such conduct (16 U.S.C. 1998 pursuant to Amendment 1 of the Additionally, the catch-per-unit effort 1532(19)). The term ‘‘harm’’ is defined in Atlantic States Marine Fisheries (CPUE) of subadult Atlantic sturgeon the regulations as any act which kills or Commission’s (ASMFC) Interstate during gill net surveys in the Kennebec injures fish or wildlife. Such an act may Fishery Management Plan for Atlantic River increased considerably from include significant habitat modification sturgeon (ASMFC, 1998). Retention of 1977–2000 (1977 B 1981 CPUE = 0.30 or degradation that results in death or Atlantic sturgeon from the U.S. versus 1998 B 2000 CPUE = 7.43) while injury of wildlife by significantly Exclusive Economic Zone (EEZ) was the CPUE of adult Atlantic sturgeon impairing essential behavioral patterns, prohibited by NMFS in 1999 (64 FR showed a slight increase over the same including breeding, spawning, rearing, 9449; February 26, 1999). However, time period (1977–1981 CPUE = 0.12 versus 1998–2000 CPUE = 0.21) migrating, feeding, or sheltering (50 CFR despite these prohibitions on directed 222.102). The term ‘‘harm’’ is used in (Squiers, 2004). fishing for and retention of incidentally this proposed rule as defined in the The Kennebec River is currently the caught Atlantic sturgeon, other regulations. only known spawning river for the GOM In the case of a species listed as anthropogenic activities continue to DPS. Spawning likely occurs in the threatened, section 4(d) of the ESA take Atlantic sturgeon. These include Penobscot River, and Atlantic sturgeon requires the Secretary of Commerce incidental bycatch in commercial that use other historical spawning rivers (Secretary) to issue such regulations as fisheries, vessel strikes, activities may represent additional spawning deemed necessary and advisable to affecting water quality, and habitat groups (ASSRT, 2007). However, there provide for the conservation of the disturbances such as dredging. Bycatch, is, as yet, no evidence that Atlantic species. The Secretary may by water quality and dredging are primary sturgeon of the GOM DPS spawn in any regulation prohibit with respect to any stressors for the GOM DPS of Atlantic river other than the Kennebec River threatened species any act prohibited sturgeon (ASSRT, 2007). As described (ASSRT, 2007). under section 9(a)(1). Whether section in the proposed rule (75 FR 61872), new Protecting the GOM DPS of Atlantic 9(a)(1) prohibitions are necessary and analyses suggest that the level of sturgeon from direct forms of take, such advisable for a threatened species is bycatch mortality is not sustainable for as physical injury or killing, whether largely dependent on the biological the GOM DPS in the long-term (ASMFC, incidental or intentional, will help status of the species and the potential 2007). With respect to habitat, the water preserve and recover the DPS’s impacts of various activities on the quality for coastal waters north of Cape remaining subpopulations. Protecting species. The proposed rule (75 FR Cod is generally fair to good (EPA, the GOM DPS of Atlantic sturgeon from 61872) and Atlantic Sturgeon Status 2008), and the majority of historical indirect forms of take, such as harm that Review (Atlantic Sturgeon Status Atlantic sturgeon spawning habitat is results from habitat degradation, will Review Team (ASSRT), 2007) provided accessible in all but the Merrimack likewise help preserve the DPS’s extensive information on the status of River of the GOM DPS (ASSRT, 2007). subpopulations and also decrease the GOM DPS and impacts to Atlantic Nevertheless, it is difficult to verify synergistic, negative effects from other sturgeon belonging to the GOM DPS. whether Atlantic sturgeon spawning stressors impeding recovery of the DPS. The information is summarized here. habitat in the GOM DPS is fully We therefore propose to extend the ESA Genetics data and tagging information functional. In addition, NMFS has not section 9(a)(1)(A) through 9(a)(1)(G) support the conclusion that the GOM implemented any bycatch reduction prohibitions to all activities impacting DPS includes all anadromous Atlantic measures specifically for Atlantic the GOM DPS throughout its range sturgeon whose freshwater range occurs sturgeon, and existing bycatch reduction except for two types of activities, in the watersheds from the Maine/ measures are inadequate for reducing scientific research and rescue/salvage Canadian border southward to include bycatch of Atlantic sturgeon in federally activities, when those activities occur all associated watersheds draining into regulated fisheries. NMFS does not have within the riverine range of the GOM the Gulf of Maine as far south as the authority or discretion to require DPS. Specifically, we propose to exempt Chatham, MA. Within this range, action to reduce the effects of in-water from the section 9(a)(1)(B) take Atlantic sturgeon have been projects (e.g., dredging) specifically for prohibitions: (a) Scientific research of documented from the Penobscot, Atlantic sturgeon and there are no Atlantic sturgeon belonging to the GOM Kennebec, Androscoggin, Sheepscot, specific regulations requiring action(s) DPS when conducted in the manner Saco, Piscataqua, and Merrimack rivers. to reduce effects of in-water projects to specified in this proposed rule; and, (b) The marine range, including coastal Atlantic sturgeon. NMFS has limited salvaging dead and aiding/resuscitating bays and estuaries, of Atlantic sturgeon authority and discretion by which to live Atlantic sturgeon belonging to the belonging to the GOM DPS extends from regulate vessel activities in areas where GOM DPS by NMFS personnel or their the Bay of Fundy, Canada to the St. Atlantic sturgeon occur. designated agents as specified in this

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34025

proposed rule. NMFS is proposing to location and scope, specific actions may the activities are conducted in exempt these activities from the ESA not result in direct or indirect adverse accordance with an incidental take section 9 take prohibitions only when effects on the species. Further, an statement and all reasonable and these activities occur within the riverine activity not listed here may in fact result prudent measures and terms and range of the GOM DPS to ensure that in a take. Questions regarding whether conditions to minimize the effects of the only Atlantic sturgeon belonging to the specific activities would constitute a taking on the listed species. GOM DPS are taken. We have take prohibited by this rule, and general As described above, we have determined that exempting these inquiries regarding prohibitions and determined that in certain activities as specified is necessary and permits, should be directed to NMFS— circumstances, extending the ESA advisable for the conservation of this Northeast Regional Office (see section 9(a)(1)(B) take prohibitions to DPS. ADDRESSES). the GOM DPS of Atlantic sturgeon is not necessary and advisable. We are Identification of Activities That Would Activities Affecting the GOM DPS That proposing two exemptions to these Constitute a Violation of Section 9 of Do Not Violate Section 9 Including prohibitions for activities that provide the ESA Exemptions for the conservation of the GOM DPS: On July 1, 1994 (59 FR 34272), NMFS Section 9(a)(1)(A), 10(a)(1)(A), and (1) Scientific research conducted on and the U.S. Fish and Wildlife Service 10(a)(1)(B) of the ESA provide the GOM DPS Atlantic sturgeon within the (collectively, the ‘‘Services’’) published a authority to grant exemptions to the riverine portion of its range and in policy committing us to identify, to the section 9 prohibitions. Section accordance with accepted NMFS maximum extent practicable at the time 10(a)(1)(A) scientific research and protocol(s); and, (2) salvage of dead and a species is listed, those activities that enhancement permits may authorize recovery of live stranded or injured would or would not constitute a exemptions to any of the section 9 GOM DPS Atlantic sturgeon found violation of section 9 of the ESA. The prohibitions and may be issued to within the riverine range of the GOM intent of this policy is to increase public Federal and non-Federal entities DPS. These exemptions are described in awareness of the effect of a listing on conducting research or conservation more detail rule in later sections (see proposed and ongoing activities within activities that involve directed (i.e., ‘‘Exemption for Scientific Research’’ and the species range. intentional) take of listed species. ‘‘Salvage and Recovery’’ below). Based upon available information, we Section 10(a)(1)(B) take permits may be The prohibitions of section 9(a)(1)(B) believe that the activities that may take issued to non-Federal entities apply to all other activities that do not Atlantic sturgeon belonging to the GOM performing activities that may meet the specific exemptions for DPS include, but are not limited to: (1) incidentally take listed species in the scientific research, salvage and recovery Commercial and recreational fisheries; course of an otherwise legal activity. as described in this proposed rule. All (2) scientific research and monitoring of These section 10 permits are other prohibitions of sections 9(a)(1)(A) Atlantic sturgeon, (3) emergency rescue/ mechanisms for providing exemptions and 9(a)(1)(C) through 9(a)(1)(G) would salvage of Atlantic sturgeon; (4) to the section 9(a)(1)(B) prohibitions apply to the GOM DPS unless scientific research and monitoring should the GOM DPS become listed, authorized under a section 10 permit or directed at other species; (5) habitat and impacts on the GOM DPS from through consultation under section 7 as altering activities affecting passage of actions in compliance with such previously described. adult sturgeon to and from spawning permits would not constitute violations In determining that it is not necessary areas and availability of habitat for egg, of this proposed rule. and advisable to apply ESA section 9 larval or juvenile stages; (6) entrainment Likewise, should the GOM DPS take prohibitions on the certain and impingement of all life stages of become listed, federally funded or activities described here, we recognize GOM DPS sturgeon during the operation approved activities that incidentally that new information may require a of water diversions, dredging projects, take Atlantic sturgeon belonging to the reevaluation of that conclusion at any and power plants; (7) activities GOM DPS would not constitute time. For any of the exemptions from impacting water quality for all life violations of this proposed rule when the prohibitions described in this stages of GOM DPS sturgeon such as the activities are conducted in proposed rule, we will periodically discharge, dumping, or applications of accordance with an incidental take evaluate the activity’s effect on the toxic chemicals, pollutants, or statement issued through a biological conservation of the GOM DPS of pesticides into waters or areas that opinion provided by NMFS pursuant to Atlantic sturgeon. We will impose take contain GOM DPS sturgeon; (8) vessel section 7 of the ESA. Section 7 of the prohibitions on the activities previously strikes; and, (9) introduction or release ESA requires all Federal agencies to exempted through rulemaking if we of non-native species that are likely to consult with NMFS if actions they fund, determine that it is necessary and alter the habitats of, or to compete for authorize, or carry out may affect any advisable for the conservation of the space or food, with GOM DPS sturgeon. ESA-listed species under NMFS species. This list is not exhaustive. It is jurisdiction. Section 7 authorizes NMFS intended to provide examples of the to issue an incidental take statement Exemption for Scientific Research types of activities that are most likely to with a biological opinion if NMFS has Adult and subadult Atlantic sturgeon result in take of GOM DPS Atlantic determined that the activity may that originate from different rivers mix sturgeon and a violation of this adversely affect, but will not jeopardize, in the marine environment (Stein et al., proposed rule (unless within the the continued existence of the listed 2004; USFWS, 2004), and are visually specific exemptions proposed by this species. Therefore, if this rule and the indistinguishable from each other rule). Whether a take results from a proposed rule to list the GOM DPS are regardless of the river or DPS of origin. particular activity is dependent upon finalized, incidental take of GOM DPS However, mixing is not known to occur the facts and circumstances of each Atlantic sturgeon resulting from within the riverine environment. incident. The fact that an activity may federally funded, authorized, or Atlantic sturgeon use the riverine fall within one of these categories does implemented activities would not environment for spawning and are not mean that the specific activity will violate the section 9(a)(1)(B) or intolerant of saline environments from cause a take. Due to such factors as 9(a)(1)(C) take prohibitions, provided the egg stage through the first year of life

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34026 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

(Van Eenennaam et al., 1996; prohibitions apply only to Atlantic km downstream of the U.S. Route 1 Niklitschek, 2001). Thus, the spawning sturgeon found within the riverine range bridge crossing in Bath, ME. In order to adults must enter the riverine of the GOM DPS (Table 1). Within-river clearly demarcate the area in which the environment to spawn. Genetic analyses boundaries for the proposed exemptions proposed exemptions would apply, the and other information support that were selected using reported salinity U.S. Route 1 Bridge in Bath, ME is Atlantic sturgeon originating from the data, threshold salinities of less than 20 proposed as the exemption boundary. Kennebec River are part of a discrete ppt (highest reported value for bottom The exemption to the section 9(a)(1) population segment (ASSRT, 2007). salinity was used, when available), and prohibitions for scientific research This means that straying of Atlantic identification of easily recognizable would apply upstream of this boundary; sturgeon from other Atlantic sturgeon landmarks, such as a bridge, located at whereas downstream, the exemption DPSs into riverine waters of the GOM or upstream of the location where the would not apply. Exemption boundaries DPS of Atlantic sturgeon does not referenced salinity measurement was typically occur and is unlikely to occur. taken. For example, for the Kennebec for other river systems within the range Therefore, Atlantic sturgeon that occur River (and Androscoggin, which flows of the GOM DPS were determined using in riverine waters of the GOM DPS are into the Kennebec above the salinity- similar methodology. Latitude and considered GOM DPS Atlantic sturgeon. based cutoff point), the location where longitude are also provided for points To ensure that the proposed salinity is unlikely to exceed 20 ppt was on either side of each river. The straight exemption would result in the taking of determined using Mayer et al. (1996), line between the two points can be used only GOM DPS Atlantic sturgeon, we who reported a maximum salinity of to help identify the exemption are proposing that the scientific research 19.38 at 15 m depth in September 1994 boundary. exemption to the section 9(a)(1)(B) take at a sampling station approximately 5

TABLE 1—EXEMPTION BOUNDARY FOR EACH NAMED RIVER. THE EXEMPTIONS APPLY TO WATERS UPSTREAM OF THE EX- EMPTION BOUNDARY. LATITUDE AND LONGITUDE ARE PROVIDED FOR A SINGLE POINT ON EITHER SIDE OF EACH RIVER TO HELP IDENTIFY THE EXEMPTION BOUNDARY. THE REPORTED SALINITIES AND THE DATA SOURCES USED TO IDENTIFY EXEMPTED WATERS ARE INDICATED.

River Exemption boundary Right and left bank points Salinity (ppt) and source

Merrimack ...... U.S. Rt. 1 Bridge Newburyport, MA ...... 42.813848N, 70.874524W ...... 20.74; EPA NCA. 42.817869N, 70.870277W ...... Piscataqua ...... Leigh’s Mill Pond South Berwick, ME .... 43.218014N, 70.813416W ...... 17.9; EPA NCA. 43.217966N, 70.811286W ...... Saco ...... Main St. Bridge Biddeford, ME (2 43.492736N, 70.449813W ...... 20; Gupta et al., 1994. spans). 43.493564N, 70.448071W ...... 43.495848N, 70.447886W ...... 43.496733N, 70.446901W ...... Kennebec ...... U.S. Rt. 1 Bridge Bath, ME ...... 43.911797N, 69.813828W ...... 19.38; Mayer et al., 1996. 43.911835N, 69.802635W ...... Androscoggin ..... U.S. Rt. 1 Bridge Bath, ME ...... 43.911797N, 69.813828W ...... 19.38; Mayer et al., 1996. 43.911835N, 69.802635W ...... Sheepscot ...... Sheepscot Rd Bridge Newcastle, ME ... 44.05154N, 69.613313W ...... 19.38; Mayer et al., 1996. 44.049814N, 69.609584W ...... Penobscot ...... Cove Brook Winterport, ME ...... 44.693549N, 68.849642W ...... 0–26.71; Goulette, 2004. 44.696325N, 68.831188W ...... 1 Source Goulette (2004, unpub. data) reported a maximum bottom salinity of 26.7 ppt during low flows at Bald Hill Cove in Winterport, ME. However, because this value was significantly higher than the next highest reported bottom salinity (17 ppt) and was measured during very low flow conditions, NMFS considered it to be an outlier.

Many important aspects of Atlantic of risk to individuals or to the species. most acceptable methods (i.e., sturgeon life history are still unknown Therefore, it is necessary for research minimizing stress and mortality) at that (Murawski and Pacheco, 1977; Van den activities to be carried out in a manner time for short-term holding, Avyle, 1983; Smith and Dingley, 1984; that minimizes the adverse impacts of identification and measurement, Smith and Clugston, 1997; Bain, 1997; the activities on individuals and the tagging, tissue sampling, gastric lavage, Bemis and Kynard, 1997; Kynard and species while obtaining crucial and collection. In 2007, NMFS provided Horgan, 2002; ASSRT 2007). Scientific information that will benefit the species. funding to the ASMFC to co-host a research (including monitoring) is vital Properly planned and implemented workshop in order to identify necessary for improving our understanding of the research and assessment are critical to activities, techniques and status and risks facing Atlantic sturgeon, minimizing the risks and maximizing methodologies for updating Moser et al. and providing critical information for the conservation benefit of the research. (2000), which was intended to be a assessing the effectiveness of current Guidelines developed by sturgeon ‘living document’ to be revised as new and future management practices. researchers in cooperation with NMFS or refined techniques were developed. Research activities aid in the for Atlantic and other sturgeon species As a result of this workshop, a subgroup conservation of listed species by have helped facilitate standardization of of sturgeon researchers was formed to furthering our understanding of the research protocols while minimizing write a comprehensive document, species’ life history and biological risk to the species as a result of handling subject to peer review, describing requirements. We recognize, however, and sampling. In 2000, Moser et al. research protocols and techniques that many scientific research activities developed guidelines for shortnose and specifically for Atlantic sturgeon. The involve take and may pose some level Atlantic sturgeons that described the resulting document, titled ‘‘Atlantic

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34027

Sturgeon Research Techniques’’ impeded if researchers are required to sturgeon or another sturgeon species. (Damon-Randall et al., 2010), is suspend work and obtain a section Once the RA receives information for intended as a guide that describes the 10(a)(1)(A) permit, given that permit scientific research as described above, purpose and application of common processing times can take 90 days or the RA will review the information and Atlantic sturgeon research techniques. A more, and that NMFS cannot process respond to the researcher(s) with a letter second document, titled ‘‘A Protocol for and finalize a permit request until acknowledging that the research meets Use of Shortnose, Atlantic, Gulf, and publication of a final rule listing the the exemption to the take prohibitions Green Sturgeons’’ (Kahn and Mohead, GOM DPS under the ESA. Delay or applied to Atlantic sturgeon GOM DPS, 2010), was also developed by NMFS to interruption of research could or a letter informing the researcher(s) provide a comprehensive review of safe, negatively affect the ability to maintain that the exemption does not apply to the standardized research practices for the time-series data and acquisition of proposed research. The RA’s letter is not multiple sturgeon species under information necessary for the survival a permit, and the letter does not provide NMFS’s jurisdiction. This document and recovery of the species. Therefore, authorization to conduct the research. was intended as a guide to assist we conclude that it is not necessary and Rather, the letter is intended as an researchers in applying for appropriate advisable to impose the ESA-take acknowledgement that the specified research permits and includes safe prohibitions on research that results in research is or is not consistent with the handling and sampling protocols in take, but not harm, of Atlantic sturgeon exemption to the take prohibitions for cases where Atlantic sturgeon co-occur belonging to the GOM DPS under scientific research provided in this rule. with other ESA-listed fishes (e.g. certain specified conditions. In order to give researchers enough time shortnose sturgeon). As described in To comply with the research to submit a letter to the RA, we propose more detail below, any research exemption proposed in this rule, that ESA section 9 take prohibitions not activities exempted under this proposed researcher(s) would be required to apply to the scientific research that rule would first be required to undergo submit a notice to NMFS’s Northeast would otherwise fall under the review by NMFS to ensure consistency Regional Administrator (RA) at least 60 exemption until two months after with recommended protocols. days prior to the commencement of publication of a final section 4(d) rule. Technologies and methods for The researcher(s) must provide a such research, providing: (a) A research that do not require capture of report of the research results to the RA statement describing the purpose of the individual sturgeon are becoming more no later than 60 days following research; (b) a detailed description of widely available (e.g., side-scan sonar, completion or termination of the Didson, in-water detection technology). the study design, including all research activity, including the total These technologies have been shown to techniques and methodologies for take (by life stage) and the method of be effective at providing needed sampling, and the data to be collected; take (e.g., harassment, capture, information on, among other things, (c) a list of the researchers performing handling, etc.). For multi-year studies, Atlantic sturgeon habitat use and the proposed research activities, researchers must provide an annual abundance, while eliminating the including information demonstrating report to the RA summarizing the likelihood of injury or mortality to the the level of experience for each of the results to date, including the number of sturgeon that can result from capture technologies/methods to be used and Atlantic sturgeon takes (by life stage) and handling. Technological advances the institution to which each is and the method of take (e.g., are also making it possible to use non- affiliated; (d) an estimate of the total harassment, capture, handling, etc.). invasive methods (e.g., ultrasound) in take anticipated from such research by The research must be immediately place of invasive methods (e.g., life stage; and, (e) the time period and suspended and the RA notified if any laparoscopy) for sturgeon research, thus specific location(s) of the research. To aspect of the research results in or is reducing the risk of harm to the ensure that Atlantic sturgeon belonging believed to have resulted in take causing sturgeon even when capture and to the GOM DPS, Atlantic sturgeon harm (i.e., injury or death) to any handling is necessary. Damon-Randall belonging to other DPSs, or any other Atlantic sturgeon belonging to the GOM et al. (2010) includes a recommendation ESA-listed species are not harmed as a DPS, or take (with or without causing on using passive techniques such as result of this exemption to the 9(a)(1)(B) harm) of any other ESA-listed species sonar, video, and a combination of both take prohibitions, and to monitor and for which the researcher does not have whenever possible. These non-invasive enforce the use of this exemption, an incidental take permit issued in techniques have not been shown to research activities: (a) Must be accordance with Section 10(a)(1)(B). negatively affect Atlantic sturgeon conducted in accordance with NMFS- Salvage and Recovery behavior (i.e., do not cause harm), may approved methods for Atlantic sturgeon increase the likelihood of successfully or use technologies that do not require To ensure that only Atlantic sturgeon obtaining data, reduce the effort needed capture or handling of Atlantic listed as threatened would be affected, to achieve the research objectives, and sturgeon; (b) must be directed at this proposed exemption would apply reduce the potential for gear loss (e.g., Atlantic sturgeon of the GOM DPS and only to Atlantic sturgeon found within nets used for capturing sturgeon). not be incidental to research of another the riverine range of the GOM DPS As described above, the collection of species; (c) must be conducted within (Table 1) given the overlap in needed scientific information provides a the riverine range of the GOM DPS as distribution of all five U.S. DPSs within conservation benefit to ESA-listed specified in this rule; (d) must be marine waters. species. The permitting process (see 50 intended as involving only non-lethal Atlantic sturgeon carcasses and live, CFR parts 222, 223 and 224) is intended take; (e) must not take Atlantic sturgeon stranded sturgeon can provide pertinent to ensure that, in the course of for artificial spawning or enhancement life history data and information on conducting bona-fide research, work is activities; (f) must comply with all other activities affecting the GOM DPS. conducted in a manner that minimizes laws, including state permits, if Collection of samples, as appropriate, harm (including injury and death) to the applicable; and, (g) must be conducted from carcasses and live stranded or species and individual animals. by researchers with documented injured sturgeon can also help reduce However, research of the GOM DPS that experience conducting the proposed the need for the intentional capture of is already in progress may potentially be methodologies/techniques on Atlantic Atlantic sturgeon for scientific research.

VerDate Mar<15>2010 16:44 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34028 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

Therefore, salvage of dead Atlantic requirements of NEPA, and we have stranded or injured sturgeon can also sturgeon and recovery of live, stranded prepared a draft Environmental help reduce the need for the intentional Atlantic sturgeon belonging to the GOM Assessment (EA) analyzing the capture of Atlantic sturgeon for DPS affords a conservation benefit to the proposed 4(d) regulations and scientific research. Therefore, we species by providing valuable data alternatives. We are seeking comment propose to extend the ESA section without putting the DPS at further risk. on the draft EA, which is available on 9(a)(1)(A) through 9(a)(1)(G) In order to obtain the most the Federal eRulemaking Portal Web site prohibitions to all activities impacting information, carcasses must be collected (http://www.regulations.gov) or upon the GOM DPS throughout its range and transported as quickly as possible to request (see DATES and ADDRESSES, except for: (1) Scientific research an appropriate facility. Similarly, above). conducted on GOM DPS Atlantic sturgeon within the riverine portion of prompt attention to a live, stranded or Executive Order (E.O.) 12866 injured sturgeon will increase its its range and in accordance with chances of survival. NMFS does not This proposed rule has been accepted NMFS protocol(s); and, (2) have sufficient personnel throughout determined to be not significant for the salvage of dead and recovery of live the riverine range of the GOM DPS to purposes of E.O. 12866. stranded or injured GOM DPS Atlantic respond promptly to all Atlantic Regulatory Flexibility Act sturgeon found within the riverine range sturgeon salvage and recovery events. of the GOM DPS. The Chief Counsel for Regulation of NMFS does, however, work Within the marine range of the GOM the Department of Commerce certified cooperatively with the U.S. Fish and DPS of Atlantic sturgeon, the section to the Chief Counsel for Advocacy of the Wildlife Service (FWS) and state 9(a)(1) prohibitions proposed by this Small Business Administration that this wildlife agencies for salvage and action are the same as the prohibitions proposed rule, if adopted, would not recovery events involving other that will automatically apply to the have a significant economic impact on protected species including shortnose same area upon listing of any of the a substantial number of small entities. sturgeon, sea turtles and marine other four DPSs as endangered. The factual basis for this determination mammals. Some exemptions to the ESA Therefore, the entities affected by this is as follows. take prohibitions for salvage or to aid a action are those which conduct the The proposed action would establish activities exempted from the section 9 sick or injured animal already exist for protective regulations for the Gulf of some of these species. Therefore, we prohibitions for GOM DPS Atlantic Maine Distinct Population Segment sturgeon. These are Federal and state propose a similar exemption from the (GOM DPS) of Atlantic sturgeon. NMFS take prohibitions of section 9(a)(1)(B) for agencies, research institutions and has proposed to list the GOM DPS of universities which conduct scientific any agent or employee of NMFS, FWS, Atlantic sturgeon as threatened, and to or any other Federal land or water research, salvage, and recovery activities list four other Atlantic sturgeon DPSs as for Atlantic sturgeon within the river management agency, or any agent or endangered (75 FR 61872 and 75 FR employee of a state agency responsible range of the GOM DPS. The only impact 61904; October 6, 2010). All five DPSs to these entities would be that scientific for fish and wildlife who is designated share the same marine range, but each by his or her agency for such purposes, research, salvage of dead and recovery DPS has a unique riverine range. of live injured GOM DPS Atlantic when acting in the course of his or her The prohibitions under section 9(a)(1) official duties to take Atlantic sturgeon sturgeon in the river portion of its range of the ESA apply automatically when a could take place without a section belonging to the GOM DPS without a species is listed as endangered but not permit if such taking is necessary to 10(a)(1)(A) permit. This action would when a species is listed as threatened. not impose any additional economic salvage a dead specimen, which may be In the case of threatened species, section useful for scientific study; dispose of a impacts on these affected entities. 4(d) of the ESA leaves it to the As a result, an initial regulatory dead specimen; or aid a sick, injured, or Secretary’s discretion whether and to flexibility analysis is not required and stranded specimen. Whenever possible, what extent to extend the section 9 has not been prepared. live specimens must be returned to their prohibitions of the ESA and directs the aquatic environment as soon as agency to issue regulations it considers Paperwork Reduction Act (PRA) possible. This exception to the take necessary and advisable for the Notwithstanding any other provision prohibitions would only apply if the conservation of the species. Protecting of the law, no person is required to action is reported to the NMFS the GOM DPS of Atlantic sturgeon from respond to, nor shall any person be Northeast Regional Administrator direct forms of take (including harass, subject to a penalty for failure to comply within 30 days of occurrence of the harm, pursue, hunt, shoot, wound, kill, with, a collection of information subject event. trap, or collect; or to attempt any of to the requirements of the PRA, unless References Cited these) and indirect forms of take, such that collection of information displays a as harm that results from habitat currently valid OMB Control Number. A complete list of the references used degradation, will help preserve and This proposed rule contains collection- in this proposed rule is available upon recover the DPS. However, applying the of-information requirements subject to request (see ADDRESSES). section 9(a)(1) prohibitions to all forms the Paperwork Reduction Act (PRA) and Classification of take for GOM DPS Atlantic sturgeon which have been submitted to OMB for could impede necessary scientific review and approval. Public reporting National Environmental Policy Act research given the lengthy processing burden per response for this collection (NEPA) time to acquire a section 10(a)(1)(A) of information is estimated to average: Whenever a species is listed as scientific research permit. Scientific (1) 40 hours to prepare reports on threatened, the ESA requires that we research activities aid in the research of GOM DPS Atlantic sturgeon; issue such regulations as we deem conservation of listed species by and (2) 5 hours to prepare reports on necessary and advisable to provide for furthering our understanding of the emergency rescue, salvage or disposal of its conservation. Accordingly, the species’ life history and biological GOM DPS Atlantic sturgeon. These promulgation of ESA section 4(d) requirements. Collection of samples, as estimates include the time for reviewing protective regulations is subject to the appropriate, from carcasses and live instructions, searching existing data

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules 34029

sources, gathering and maintaining the to the relevant state agencies in each 2. In subpart B, add § 223.211 to read data needed, and completing and state in which Atlantic sturgeon as follows: reviewing the collection of information. belonging to the GOM DPS occurs as We invite comments regarding these well as the ASMFC, and they will be § 223.211 Atlantic sturgeon. burden estimates, or any other aspect of invited to comment. We intend to (a) Prohibitions. The prohibitions of this data collection, including continue engaging in informal and sections 9(a)(1)(A) through 9(a)(1)(G) of suggestions for reducing the burden, to formal contacts with the States and the ESA (16 U.S.C. 1538) relating to NMFS (see ADDRESSES) and to OMB at ASMFC, and other affected local or endangered species apply to the the Office of Information and Regulatory regional entities, giving careful threatened Gulf of Maine Distinct Affairs, Office of Management and consideration to all written and oral Population Segment (GOM DPS) of Budget, Washington DC 20503 comments received. Atlantic sturgeon listed in (Attention: NOAA Desk Officer). § 223.102(c)(30). E.O. 12898—Environmental Justice (b) Exemptions. Exemptions to the Information Quality Act E.O. 12898 requires that Federal take prohibitions described in section The Information Quality Act directed actions address environmental justice in 9(a)(1)(B) of the ESA (16 U.S.C. the Office of Management and Budget to decision-making process. In particular, 1538(a)(1)(B)) applied in paragraph (a) issue government wide guidelines that the environmental effects of the actions of this section to the threatened GOM ‘‘provide policy and procedural should not have a disproportionate DPS listed in § 223.102(c)(30) are guidance to federal agencies for effect on minority and low-income described in paragraphs (b)(1) and (2) of ensuring and maximizing the quality, communities. The proposed protective this section. objectivity, utility, and integrity of regulations are not expected to have a (1) Scientific research exemption. The information (including statistical disproportionately high effect on prohibitions of paragraph (a) of this information) disseminated by federal minority populations or low-income section relating to the threatened GOM agencies.’’ Under the NOAA guidelines, populations. DPS listed in § 223.102(c)(30) do not this action is considered a Natural apply to ongoing or future scientific Resource Plan. It is a composite of Coastal Zone Management Act (16 research if: several types of information from a U.S.C. 1451 et seq.) (i) The scientific research is variety of sources. Compliance of this Section 307(c)(1) of the Federal conducted in accordance with NMFS- document with NOAA guidelines is Coastal Zone Management Act of 1972 approved methods for Atlantic sturgeon evaluated below. requires that all Federal activities that or uses technologies that do not require • Utility: The information affect any land or water use or natural capture or handling of Atlantic disseminated is intended to describe a resource of the coastal zone be sturgeon; management action and the impacts of consistent with approved state coastal (ii) The research is directed at that action. The information is intended zone management programs to the Atlantic sturgeon of the GOM DPS and to be useful to state and Federal maximum extent practicable. NMFS has is not incidental to research of another agencies, non-governmental determined that this action is consistent species; organizations, industry groups and other to the maximum extent practicable with (iii) The research is conducted interested parties so they can the enforceable policies of approved upstream of the U.S. Route 1 Bridge at understand the management action, its Coastal Zone Management Programs of Newburyport, MA on the Merrimack effects, and its justification. each of the states within the range of the River, upstream of Leigh’s Mill Pond, • Integrity: No confidential data were GOM DPS. Letters documenting NMFS’s South Berwick, ME on the Piscataqua used in the analysis of the impacts determination, along with the proposed River, upstream of the Main Street associated with this document. All rule, have been sent to the coastal zone Bridge, Biddeford, ME on the Saco information considered in this management program offices in each River, upstream of the U.S. Route 1 document and used to analyze the affected state. A list of the specific state Bridge at Bath, ME on the Kennebec proposed action, is considered public contacts and a copy of the letters are River, upstream of the Sheepscot Road information. available upon request. Bridge at Newcastle, ME on the • Objectivity: The NOAA Information Sheepscot River, or upstream of Cove Quality Guidelines standards for List of Subjects in 50 CFR Part 223 Brook at Winterport, ME on the Natural Resource Plans state that plans Endangered and threatened species, Penobscot River (i.e., within the riverine be presented in an accurate, clear, Exports, Imports, Transportation. range of the GOM DPS); complete, and unbiased manner. NMFS Dated: June 6, 2011. (iv) The research is conducted in strives to draft and present proposed compliance with all other laws, John Oliver, management measures in a clear and including state permits, if applicable; easily understandable manner with Deputy Assistant Administrator for (v) The research is conducted by Operations, National Marine Fisheries researchers with documented detailed descriptions that explain the Service. decision making process and the experience conducting the proposed For the reasons set out in the implications of management measures methodologies/techniques on Atlantic preamble, 50 CFR part 223 is proposed on natural resources and the public. sturgeon or another sturgeon species; to be amended as follows: This document was reviewed by a (vi) Researchers make every effort to variety of biologists, policy analysts, PART 223—THREATENED MARINE ensure that take is non-lethal; and NOAA attorneys. AND ANADROMOUS SPECIES (vii) Take does not involve artificial spawning or enhancement activities; E.O. 13132—Federalism 1. The authority citation for part 223 (viii) The researcher provides the In keeping with the intent of the continues to read as follows: following to the NMFS Northeast Administration and Congress to provide Authority: 16 U.S.C. 1531–1543; subpart B, Regional Administrator at least 60 days continuing and meaningful dialogue on § 223.201–202 also issued under 16 U.S.C. prior to the commencement of such issues of mutual state and Federal 1361 et seq.; 16 U.S.C. 5503(d) for research (or, for ongoing research, interest, this proposed rule will be given § 223.206(d)(9). within 60 days of issuance of a final

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34030 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules

rule): a description of the study (with or without causing injury or (iii) The activity is conducted objectives and justification; a summary mortality) of any other ESA-listed upstream of the U.S. Route 1 Bridge at of the study design and methodology; a species for which the researcher does Newburyport, MA on the Merrimack list of the researchers who will perform not have an incidental take permit River, upstream of Leigh’s Mill Pond, the study, including information issued in accordance with section South Berwick, ME on the Piscataqua demonstrating prior experience with 10(a)(1)(B) of the ESA. River, upstream of the Main Street Atlantic sturgeon or another sturgeon (2) Salvage and Recovery Exemption. Bridge, Biddeford, ME on the Saco species for each of the technologies/ The prohibitions of paragraph (a) of this River, upstream of the U.S. Route 1 methods to be used; the institution to section relating to the threatened GOM Bridge at Bath, ME on the Kennebec which each participating researcher is DPS of Atlantic sturgeon listed in River, upstream of the Sheepscot Road affiliated; an estimate of the total take § 223.102(c)(30) do not apply to Atlantic Bridge at Newcastle, ME on the (by life stage) anticipated from the sturgeon salvage and rescue activities Sheepscot River, or upstream of Cove performed by persons described in study; and the time period and location Brook at Winterport, ME on the paragraph (b)(2)(i) of this section, that of the research; Penobscot River (i.e., within the riverine include disposing of dead fish, (ix) Reports that include the total take range of the GOM DPS); salvaging dead Atlantic sturgeon for use (by life stage) and the method of taking in scientific studies or aiding sick, (iv) Live specimens are returned to (e.g., harassment, capture, handling) are injured, or stranded Atlantic sturgeon, their natural environment as soon as the provided to the NMFS Northeast if: sturgeon is no longer in danger (i.e., sick Regional Administrator no later than 60 (i) The activity is conducted by an or injured); and days following completion or employee of NMFS, the U.S. Fish and (v) The Northeast Regional termination of the research activity, or Wildlife Service, any other Federal land annually for multi-year studies; and Administrator is notified within 30 days or water management agency, or any after such an event whether the activity (x) The researcher(s) immediately agent or employee of a state agency was a salvage or recovery, the suspend field studies and report to the responsible for fish and wildlife who is individual(s) who salvaged or recovered NMFS Northeast Regional designated by his or her agency for such the sturgeon, his or her agency Administrator if any aspect of the purposes, when acting in the course of affiliation, and the disposition of the research results in or is believed to have his or her official duties; resulted in take causing injury or (ii) The activity is conducted in specimen. mortality of any Atlantic sturgeon compliance with all other laws, [FR Doc. 2011–14454 Filed 6–9–11; 8:45 am] belonging to the GOM DPS, or take including state permits, if applicable; BILLING CODE 3510–22–P

VerDate Mar<15>2010 14:30 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 E:\FR\FM\10JNP1.SGM 10JNP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 34031

Notices Federal Register Vol. 76, No. 112

Friday, June 10, 2011

This section of the FEDERAL REGISTER Seedless Raisins. The revision would DEPARTMENT OF AGRICULTURE contains documents other than rules or add a third sub-type, ‘‘Vine-dried proposed rules that are applicable to the (without the application of drying Animal and Plant Health Inspection public. Notices of hearings and investigations, chemicals or materials)’’ and change the Service committee meetings, agency decisions and rulings, delegations of authority, filing of existing sub-type for ‘‘Dipped, Vine- [Docket No. APHIS–2011–0050] petitions and applications and agency dried or similarly processed raisins’’ to statements of organization and functions are ‘‘Dipped, Vine-dried, treated with drying Notice of Request for Extension of examples of documents appearing in this chemicals or materials’’. Approval of an Information Collection; section. Animal Welfare On February 28, 2006, AMS published an advance notice of AGENCY: Animal and Plant Health DEPARTMENT OF AGRICULTURE proposed rulemaking in the Federal Inspection Service, USDA. Register (Vol. 71 39), [Docket No. FV– ACTION: Extension of approval of an Agricultural Marketing Service 06–331] soliciting comments on the information collection; comment [Document Number AMS–FV–09–0067; FV– petition to revise the United States request. 09–330] Standards for Grades of Processed Raisins. Between March 2007 and April SUMMARY: In accordance with the United States Standards for Grades of 2010, AMS circulated a discussion draft Paperwork Reduction Act of 1995, this Processed Raisins to RAC which included a similar notice announces the Animal and Plant proposed revision to Type III, Raisins Health Inspection Service’s intention to AGENCY: Agricultural Marketing Service, request extension of approval of an USDA. with Seeds. AMS did not receive any comments. information collection associated with ACTION: Notice and withdrawal. Animal Welfare Act regulations for the On July 21, 2010, AMS asked the RAC humane handling, care, treatment, and SUMMARY: The Agricultural Marketing if they would like to adopt the proposed transportation of certain animals by Service (AMS), of the United States changes or withdraw the petition. The dealers, research facilities, exhibitors, Department of Agriculture (USDA) is RAC could not agree on the discussion carriers, and intermediate handlers. withdrawing a notice soliciting draft language. comments on its proposed revision to DATES: We will consider all comments the United States Standards for Grades In September 2010, AMS notified the that we receive on or before August 9, of Processed Raisins. Based on the RAC of its plan to withdraw the action 2011. petitioner’s request to withdraw their to revise the United States Standards for ADDRESSES: You may submit comments petition, the agency has decided not to Grades of Processed Raisins. The RAC by either of the following methods: proceed with this action. agreed to bring up the issue again • Federal eRulemaking Portal: Go to DATES: Effective Date: June 10, 2011. during their October 5, 2010, meeting. http://www.regulations.gov/fdmspublic/ FOR FURTHER INFORMATION CONTACT: In October 2010 the RAC informed AMS component/ Myron Betts, Inspection and that they had interest in keeping the main?main=DocketDetail&d=APHIS– Standardization Section, Processed process on the proposed revision open. 2011–0050 to submit or view comments and to view supporting and related Products Branch (PPB), Fruit and In March 2011, the RAC requested Vegetable Programs (FV), AMS, USDA, materials available electronically. that the proposed change to the United • 1400 Independence Avenue, SW., Room Postal Mail/Commercial Delivery: States Standards for Grades of Processed Please send one copy of your comment 0709, South Building; STOP 0247, Raisins be withdrawn. Washington, DC 20250; Telephone: to Docket No. APHIS–2011–0050, (202) 720–5021 or fax (202) 690–1527; AMS has decided not to proceed Regulatory Analysis and Development, or e-mail: [email protected]. further with the proposed revision to PPD, APHIS, Station 3A–03.8, 4700 The United States Standards for Grades the United States Standards for Grades River Road Unit 118, Riverdale, MD of Processed Raisins are available by of Processed Raisins and it is hereby 20737–1238. Please state that your accessing the AMS Web site on the withdrawn. comment refers to Docket No. APHIS– 2011–0050. Internet at http://www.ams.usda.gov/ Authority: 7 U.S.C. 1621–1627. processedinspection. Reading Room: You may read any Dated: June 7, 2011. comments that we receive on this Background Ellen King, docket in our reading room. The reading On February 2, 2005, AMS received a Acting Administrator, Agricultural Marketing room is located in room 1141 of the petition from the Raisin Administrative Service. USDA South Building, 14th Street and Committee (RAC), requesting revision to [FR Doc. 2011–14484 Filed 6–9–11; 8:45 am] Independence Avenue, SW., Washington, DC. Normal reading room the United States Standards for Grades BILLING CODE 3410–02–P of Processed Raisins. These standards hours are 8 a.m. to 4:30 p.m., Monday are issued under the Agricultural through Friday, except holidays. To be Marketing Act of 1946 (7 U.S.C. 1621– sure someone is there to help you, 1627). please call (202) 690–2817 before The petitioner requested that AMS coming. revise the United States Standards for Other Information: Additional Grades of Processed Raisins, Type I, information about APHIS and its

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34032 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

programs is available on the Internet at from pounds, shelters, and private Estimated annual number of http://www.aphis.usda.gov. individuals. These records are used to responses per respondent: 9.6081822. FOR FURTHER INFORMATION CONTACT: For ensure that stolen pets are not used for Estimated annual number of information on the Animal Welfare Act regulated activities. Dealers, exhibitors, responses: 95,937. regulations, contact Dr. Barbara Kohn, and research facilities that acquire Estimated total annual burden on Senior Staff Veterinarian, Animal Care, animals from nonlicensed persons are respondents: 91,163 hours. (Due to APHIS, 4700 River Road, Unit 84, required to have the owners of the averaging, the total annual burden hours Riverdale, MD 20737; (301) 734–7833. animals sign a certification statement may not equal the product of the annual For copies of more detailed information verifying the owner’s exemption from number of responses multiplied by the on the information collection, contact licensing under the Act. Records must reporting burden per response.) Mrs. Celeste Sickles, APHIS’ also be maintained for animals other All responses to this notice will be Information Collection Coordinator, at than dogs and cats when the animals are summarized and included in the request (301) 851–2908. used for purposes regulated under the for OMB approval. All comments will SUPPLEMENTARY INFORMATION: Act. also become a matter of public record. Title: Animal Welfare. Research facilities must also make Done in Washington, DC, this 6th day of OMB Number: 0579–0036. and maintain additional records for June 2011. Type of Request: Extension of animals covered under the Act that are Kevin Shea, approval of an information collection. used for teaching, testing, and Acting Administrator, Animal and Plant Abstract: Under the Animal Welfare experimentation. This information is Health Inspection Service. Act (AWA or Act) (7 U.S.C. 2131 et used by APHIS personnel to review the [FR Doc. 2011–14426 Filed 6–9–11; 8:45 am] research facility’s animal care and use seq.), the Secretary of Agriculture is BILLING CODE 3410–34–P authorized to promulgate standards and program. other requirements governing the APHIS needs the reporting and humane handling, housing, care, recordkeeping requirements contained DEPARTMENT OF AGRICULTURE treatment, and transportation of certain in 9 CFR part 2 to enforce the Act and animals by dealers, research facilities, regulations. APHIS also uses the Animal and Plant Health Inspection exhibitors, carriers, and intermediate collected information to provide a Service mandatory annual report of animal handlers. The Secretary of Agriculture [Docket No. APHIS–2011–0045] has delegated the authority for welfare activities to Congress. enforcement of the AWA to the Animal We are asking the Office of Notice of Revision and Request for and Plant Health Inspection Service Management and Budget (OMB) to Extension of Approval of an (APHIS). approve our use of these information Information Collection; Swine Health The regulations in 9 CFR parts 1 collection activities for an additional 3 Protection through 3 were promulgated under the years. AWA to ensure the humane handling, The purpose of this notice is to solicit AGENCY: Animal and Plant Health care, treatment, and transportation of comments from the public (as well as Inspection Service, USDA. regulated animals under the Act. The affected agencies) concerning our ACTION: Revision and extension of regulations in 9 CFR part 2 require information collection. These comments approval of an information collection; documentation of specified information will help us: comment request. by dealers, research institutions, (1) Evaluate whether the collection of exhibitors, carriers (including foreign air information is necessary for the proper SUMMARY: In accordance with the carriers), and intermediate handlers. performance of the functions of the Paperwork Reduction Act of 1995, this The regulations in 9 CFR part 2 also Agency, including whether the notice announces the Animal and Plant require that facilities that use animals information will have practical utility; Health Inspection Service’s intention to for regulated purposes obtain a license (2) Evaluate the accuracy of our revise an information collection or register with the U.S. Department of estimate of the burden of the collection associated with regulations to prevent Agriculture (USDA). Before being issued of information, including the validity of the interstate spread of swine diseases a USDA license, individuals are the methodology and assumptions used; and to request extension of approval of required to undergo prelicense (3) Enhance the quality, utility, and the information collection to protect inspections; once licensed, a licensee clarity of the information to be swine health. must periodically renew the license. collected; and DATES: We will consider all comments To help ensure compliance with the (4) Minimize the burden of the that we receive on or before August 9, AWA regulations, APHIS performs collection of information on those who 2011. unannounced inspections of regulated are to respond, through use, as ADDRESSES: You may submit comments facilities. A significant component of appropriate, of automated, electronic, by either of the following methods: the inspection process is review of mechanical, and other collection • Federal eRulemaking Portal: Go to records that must be established and technologies; e.g., permitting electronic http://www.regulations.gov/fdmspublic/ maintained by regulated facilities. The submission of responses. component/ information contained in these records Estimate of burden: The public main?main=DocketDetail&d=APHIS– is used by APHIS inspectors to ensure reporting burden for this collection of 2011–0045 to submit or view comments that dealers, research facilities, information is estimated to average and to view supporting and related exhibitors, intermediate handlers, and 0.9502381 hours per response. materials available electronically. carriers comply with the Act and Respondents: Dealers, research • Postal Mail/Commercial Delivery: regulations. facilities, exhibitors, carriers, and Please send one copy of your comment Facilities must make and maintain intermediate handlers; persons exempt to Docket No. APHIS–2011–0045, records that contain official from licensing under the AWA. Regulatory Analysis and Development, identification for all dogs and cats and Estimated annual number of PPD, APHIS, Station 3A–03.8, 4700 certification of those animals received respondents: 9,985. River Road Unit 118, Riverdale, MD

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34033

20737–1238. Please state that your monitor the facility for compliance with number of responses multiplied by the comment refers to Docket No. APHIS– the regulations. This information is reporting burden per response.) 2011–0045. collected from applications for a license All responses to this notice will be Reading Room: You may read any to operate a garbage treatment facility, summarized and included in the request comments that we receive on this records of the destination and date of for OMB approval. All comments will docket in our reading room. The reading removal of all food waste or garbage also become a matter of public record. room is located in room 1141 of the from the treatment facility, and food Done in Washington, DC, this 6th day of USDA South Building, 14th Street and waste reports. With this information, we June 2011. Independence Avenue SW., are able to carefully monitor garbage Kevin Shea, Washington, DC. Normal reading room treatment facilities to ensure that they Acting Administrator, Animal and Plant hours are 8 a.m. to 4:30 p.m., Monday are meeting our requirements. We are Health Inspection Service. through Friday, except holidays. To be revising the current collection by adding [FR Doc. 2011–14427 Filed 6–9–11; 8:45 am] sure someone is there to help you, an activity for tracking of cancellation of BILLING CODE 3410–34–P please call (202) 690–2817 before licenses by licensees and no longer coming. requiring licensees to acknowledge Other Information: Additional receipt of the Act and regulations. The DEPARTMENT OF AGRICULTURE information about APHIS and its information provided by the combined programs is available on the Internet at activities is critical in preventing the Animal and Plant Health Inspection http://www.aphis.usda.gov. interstate spread of various swine Service diseases and, therefore, plays a vital role FOR FURTHER INFORMATION CONTACT: For [Docket No. APHIS–2011–0042] information on the swine health in our swine health protection program. protection program, contact Dr. Dave We are asking the Office of Notice of Request for Extension of Pyburn, Staff Veterinarian, Aquaculture, Management and Budget (OMB) to Approval of an Information Collection; Swine, Equine, and Poultry Programs, approve our use of these information Interstate Movement of Sheep and VS, APHIS, 210 Walnut Street, Room collection activities for an additional 3 Goats 891, Des Moines, IA 50309; (515) 284– years. 4122. For copies of more detailed The purpose of this notice is to solicit AGENCY: Animal and Plant Health information on the information comments from the public (as well as Inspection Service, USDA. collection, contact Mrs. Celeste Sickles, affected agencies) concerning our ACTION: Extension of approval of an APHIS’ Information Collection information collection. These comments information collection; comment Coordinator, at (301) 851–2908. will help us: request. SUPPLEMENTARY INFORMATION: (1) Evaluate whether the collection of SUMMARY: In accordance with the Title: Swine Health Protection. information is necessary for the proper OMB Number: 0579–0065. performance of the functions of the Paperwork Reduction Act of 1995, this Type of Request: Revision and Agency, including whether the notice announces the Animal and Plant extension of approval of an information information will have practical utility; Health Inspection Service’s intention to collection. (2) Evaluate the accuracy of our request an extension of approval of an Abstract: Under the Animal Health estimate of the burden of the collection information collection associated with Protection Act (7 U.S.C. 8301 et seq.), of information, including the validity of regulations for the interstate movement the Animal and Plant Health Inspection the methodology and assumptions used; of sheep and goats to control the spread Service (APHIS) of the U.S. Department (3) Enhance the quality, utility, and of scrapie. of Agriculture is authorized, among clarity of the information to be DATES: We will consider all comments other things, to prohibit or restrict the collected; and that we receive on or before August 9, interstate movement of animals and (4) Minimize the burden of the 2011. animal products to prevent the collection of information on those who ADDRESSES: You may submit comments dissemination within the United States are to respond, through use, as by either of the following methods: of animal diseases and pests of livestock appropriate, of automated, electronic, • Federal eRulemaking Portal: Go to and to conduct programs to detect, mechanical, and other collection http://www.regulations.gov/fdmspublic/ control, and eradicate pests and diseases technologies; e.g., permitting electronic component/ of livestock. submission of responses. main?main=DocketDetail&d=APHIS– The Swine Health Protection Act (the Estimate of burden: The public 2011–0042 to submit or view comments Act) prohibits the feeding of garbage to reporting burden for this collection of and to view supporting and related swine unless the garbage has been information is estimated to average materials available electronically. treated to kill disease organisms. 0.8802 hours per response. • Postal Mail/Commercial Delivery: Untreated garbage is one of the primary Respondents: Owners/operators Please send one copy of your comment media through which numerous (licensees) of garbage treatment to Docket No. APHIS–2011–0042, infectious and communicable diseases facilities, State animal health Regulatory Analysis and Development, can be transmitted to swine. APHIS’ authorities, and herd owners. PPD, APHIS, Station 3A–03.8, 4700 regulations promulgated under the Act, Estimated annual number of River Road Unit 118, Riverdale, MD which are located at 9 CFR part 166, respondents: 1,715. 20737–1238. Please state that your require that, before garbage may be fed Estimated annual number of comment refers to Docket No. APHIS– to swine, it must be treated at a facility responses per respondent: 7.5009. 2011–0042. holding a valid permit to treat the Estimated annual number of Reading Room: You may read any garbage and must be treated according responses: 12,864. comments that we receive on this to the regulations. Estimated total annual burden on docket in our reading room. The reading APHIS requires certain information in respondents: 11,323 hours. (Due to room is located in room 1141 of the order to license (issue a permit to) a averaging, the total annual burden hours USDA South Building, 14th Street and facility to operate and in order to may not equal the product of the annual Independence Avenue, SW.,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34034 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Washington, DC. Normal reading room The purpose of this notice is to solicit hold a conference call on June 28, 2011. hours are 8 a.m. to 4:30 p.m., Monday comments from the public (as well as The Committee is meeting as authorized through Friday, except holidays. To be affected agencies) concerning our under the Secure Rural Schools and sure someone is there to help you, information collection. These comments Community Self-Determination Act please call (202) 690–2817 before will help us: (Pub. L. 110–343) and in compliance coming. (1) Evaluate whether the collection of with the Federal Advisory Committee Other Information: Additional information is necessary for the proper Act. The purpose of the conference call information about APHIS and its performance of the functions of the is to welcome two new members and programs is available on the Internet at Agency, including whether the review the second set of project http://www.aphis.usda.gov. information will have practical utility; submittals. FOR FURTHER INFORMATION CONTACT: For (2) Evaluate the accuracy of our DATES: The conference call will be held information on regulations for the estimate of the burden of the collection June 28, 2011, at 9 a.m. interstate movement of sheep and goats of information, including the validity of ADDRESSES: The meeting will be held to control the spread of scrapie, contact the methodology and assumptions used; via conference call. Dr. Michele April, Senior Staff (3) Enhance the quality, utility, and Veterinarian, National Surveillance clarity of the information to be FOR FURTHER INFORMATION CONTACT: Olga Unit, CEAH, VS, APHIS, 4700 River collected; and Troxel, Resource Advisory Committee Road, Unit 200, Riverdale, MD 20737; (4) Minimize the burden of the Coordinator, Shoshone National Forest (301) 734–6954. For copies of more collection of information on those who Supervisor’s Office, (307) 578–5164. detailed information on the information are to respond, through use, as Individuals who use collection, contact Mrs. Celeste Sickles, appropriate, of automated, electronic, telecommunication devices for the deaf APHIS’ Information Collection mechanical, and other collection (TDD) may call the Federal Information Coordinator, at (301) 851–2908. technologies; e.g., permitting electronic Relay Service (FIRS) at 1–800–877–8339 SUPPLEMENTARY INFORMATION: submission of responses. between 8 a.m. and 8 p.m., Eastern Title: Interstate Movement of Sheep Estimate of burden: The public Standard Time, Monday through Friday. and Goats. reporting burden for this collection of SUPPLEMENTARY INFORMATION: The OMB Number: 0579–0258. information is estimated to average meeting is open to the public. Members Type of Request: Extension of 0.52667 hours per response. of the public who wish to participate approval of an information collection. Respondents: Owners of livestock may do so by calling Olga Troxel, Abstract: Under the Animal Health facilities that handle sheep and goats Resource Advisory Committee Protection Act (7 U.S.C. 8301 et seq.), moving interstate; State animal health Coordinator, for conference call the Animal and Plant Health Inspection officials. information. The following business Service (APHIS) of the U.S. Department Estimated annual number of will be conducted: (1) Welcome two of Agriculture is authorized, among respondents: 200. new members, and (2) Review second other things, to prohibit or restrict the Estimated annual number of set of project submittals. Persons who interstate movement of animals and responses per respondent: 2.25. wish to bring related matters to the animal products to prevent the Estimated annual number of attention of the Committee may file dissemination within the United States responses: 450. written statements with the Committee of animal diseases and pests of livestock Estimated total annual burden on staff before or after the meeting. Public and to conduct programs to detect, respondents: 237 hours. (Due to input sessions will be provided. control, and eradicate pests and diseases averaging, the total annual burden hours Dated: May 16, 2011. of livestock. may not equal the product of the annual Scrapie is a progressive, degenerative, Joseph G. Alexander, number of responses multiplied by the Forest Supervisor. and eventually fatal disease affecting the reporting burden per response.) nervous system of sheep and goats. Its All responses to this notice will be [FR Doc. 2011–14111 Filed 6–9–11; 8:45 am] control is complicated because the summarized and included in the request BILLING CODE 3410–11–M disease has an extremely long for OMB approval. All comments will incubation period without clinical signs also become a matter of public record. of disease and no known treatment. DEPARTMENT OF AGRICULTURE APHIS regulations in 9 CFR part 71 Done in Washington, DC, this 6th day of restrict the interstate movement of June 2011. Forest Service sheep and goats to control the spread of Kevin Shea, Newspapers Used for Publication of scrapie and include provisions for Acting Administrator, Animal and Plant Legal Notices by the Intermountain livestock facilities that handle sheep or Health Inspection Service. Region; Utah, Idaho, Nevada, and goats in interstate commerce to be [FR Doc. 2011–14428 Filed 6–9–11; 8:45 am] Wyoming approved by APHIS. These BILLING CODE 3410–34–P requirements are intended to ensure that AGENCY: Forest Service, USDA. such facilities are constructed and ACTION: Notice. operated in a manner that will help DEPARTMENT OF AGRICULTURE prevent the spread of scrapie and SUMMARY: This notice lists the involve information collection Forest Service newspapers that will be used by the ranger districts, forests and regional activities, including an Approval of Shoshone Resource Advisory office of the Intermountain Region to Livestock and Facilities Agreement and Committee Agency recordkeeping. publish legal notices required under 36 We are asking the Office of AGENCY: Forest Service, USDA. CFR parts 215, 218, and 219. The Management and Budget (OMB) to ACTION: Notice of meeting. intended effect of this action is to approve our use of these information inform interested members of the public collection activities for an additional 3 SUMMARY: The Shoshone Resource which newspapers the Forest Service years. Advisory Committee (Committee) will will use to publish notices of proposed

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34035

actions and notices of decision. This Boise National Forest Spring Mountains National Recreation will provide the public with Boise Forest Supervisor decisions: Area District Ranger decisions: Las constructive notice of Forest Service Idaho Statesman Vegas Review Journal proposals and decisions, provide Tonopah District Ranger decisions: Cascade District Ranger decisions: information on the procedures to Tonopah Times Bonanza-Goldfield McCall Star-News comment or appeal, and establish the News Emmett District Ranger decisions: date that the Forest Service will use to Messenger-Index Manti-Lasal National Forest determine if comments or appeals were timely. District Ranger decisions for Idaho City Manti-LaSal Forest Supervisor and Mountain Home: Idaho DATES: decisions: Sun Advocate Publication of legal notices in Statesman the listed newspapers will begin on or Ferron District Ranger decisions: Emery Lowman District Ranger decisions: after June 2011. The list of newspapers County Progress Idaho World will remain in effect until October 2011, Moab District Ranger decisions: Times when another notice will be published Bridger-Teton National Forest Independent Monticello District Ranger decisions: in the Federal Register. Bridger-Teton Forest Supervisor and FOR FURTHER INFORMATION CONTACT: San Juan Record District Ranger decisions: Casper Star- Price District Ranger decisions: Sun Claire Huking, Regional Appeals Tribune Coordinator, Intermountain Region, 324 Advocate 25th Street, Ogden, UT 84401, and Caribou-Targhee National Forest Sanpete District Ranger decisions: Sanpete Messenger phone (801) 625–5146. Caribou-Targhee Forest Supervisor SUPPLEMENTARY INFORMATION: The decisions for the Caribou portion: Payette National Forest administrative procedures at 36 CFR Idaho State Journal Payette Forest Supervisor decisions: part 215, 218, and 219 require the Forest Caribou-Targhee Forest Supervisor Idaho Statesman Service to publish notices in a decisions for the Targhee portion: Council District Ranger decisions: newspaper of general circulation. The Post Register Adams County Record content of the notices is specified in 36 District Ranger decisions for Ashton, District Ranger decisions for Krassel, CFR 215, 218 and 219. In general, the Dubois, Island Park, Palisades and McCall and New Meadows: Star News notices will identify: the decision or Teton Basin: Post Register Weiser District Ranger decisions: Signal project, by title or subject matter; the District Ranger decisions for Montpelier, American name and title of the official making the Soda Springs and Westside: Idaho decision; how to obtain additional State Journal Salmon-Challis National Forest information; and where and how to file Dixie National Forest Salmon-Challis Forest Supervisor comments or appeals. The date the decisions for the Salmon portion: The notice is published will be used to Dixie Forest Supervisor decisions: Daily Recorder-Herald establish the official date for the Spectrum Salmon-Challis Forest Supervisor beginning of the comment or appeal District Ranger decisions for Cedar City, decisions for the Challis portion: The period. The newspapers to be used are Escalante, Pine Valley and Powell: Challis Messenger as follows: Daily Spectrum District Ranger decisions for Lost River, Regional Forester, Intermountain Fremont (formerly Teasdale) District Middle Fork and Challis-Yankee Fork: Region Ranger decisions: Richfield Reaper The Challis Messenger District Ranger decisions for Leadore, Regional Forester decisions affecting Fishlake National Forest North Fork and Salmon-Cobalt: The National Forests in Idaho: Idaho Fishlake Forest Supervisor and District Recorder-Herald Statesman Ranger decisions: Richfield Reaper Regional Forester decisions affecting Sawtooth National Forest National Forests in Nevada: Reno Humboldt-Toiyabe National Forest Sawtooth Forest Supervisor decisions: Gazette-Journal Humboldt-Toiyabe Forest Supervisor Regional Forester decisions affecting The Times News decisions that encompass all or District Ranger decisions for Fairfield National Forests in Wyoming: Casper portions of both the Humboldt and Star-Tribune and Minidoka: The Times News Toiyabe National Forests: Reno Ketchum District Ranger decisions: Regional Forester decisions affecting Gazette-Journal National Forests in Utah: Salt Lake Idaho Mountain Express Humboldt-Toiyabe Forest Supervisor Sawtooth National Recreation Area: The Tribune decisions for the Humboldt portion: Regional Forester decisions that affect Challis Messenger Elko Daily Free Press all National Forests in the Humboldt-Toiyabe Forest Supervisor Uinta-Wasatch-Cache National Forest Intermountain Region: Salt Lake decisions for the Toiyabe portion: Tribune Forest Supervisor decisions for the Reno Gazette-Journal Uinta portion, including the Vernon Ashley National Forest Austin District Ranger decisions: The Unit: Provo Daily Herald Ashley Forest Supervisor decisions: Battle Mountain Bugle Forest Supervisor decisions for the Vernal Express Bridgeport and Carson District Ranger Wasatch-Cache portion: Salt Lake District Ranger decisions for Duchesne, decisions: Reno Gazette-Journal Tribune Roosevelt: Uintah Basin Standard Ely District Ranger decisions: The Ely Forest Supervisor decisions for the Flaming Gorge District Ranger for Times entire Uinta-Wasatch-Cache: Salt Lake decisions affecting Wyoming: Rocket District Ranger decisions for Jarbidge, Tribune Miner Mountain City and Ruby Mountains: District Ranger decisions for the Heber- Flaming Gorge and Vernal District Elko Daily Free Press Kamas, Pleasant Grove, and Spanish Ranger for decisions affecting Utah: Santa Rosa District Ranger decisions: Fork Ranger Districts: Provo Daily Vernal Express Humboldt Sun Herald

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34036 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

District Ranger decisions for Evanston Persons with disabilities who require window for fiscal year (FY) 2011. The and Mountain View: Uinta County alternative means for communication FY 2011 funding for the Public Herald (Braille, large print, audio tape, etc.) Television Station Digital Transition District Ranger decisions for Salt Lake: should contact the USDA Target Center Grant Program is $4,491,000. Salt Lake Tribune at: (202) 720–2600 (voice and TDD). DATES: You may submit completed District Ranger decisions for Logan: SUPPLEMENTARY INFORMATION: On applications for grants on paper or Logan Herald Journal December 7, 2010, NRCS published in electronically according to the following District Ranger decisions for Ogden: the Federal Register a Notice and deadlines: Standard Examiner request for comments to a currently • Paper copies must carry proof of Dated: June 3, 2011. approved information collection shipping no later than July 25, 2011 to be eligible for FY 2011 grant funding. Marlene Finley, package for Long-Term Contracting. The Late applications are not eligible for FY Deputy Regional Forester. Notice clarified for the public information that is no longer included 2011 grant funding. [FR Doc. 2011–14395 Filed 6–9–11; 8:45 am] • in the collection. The public comment Electronic copies must be received BILLING CODE 3410–11–P period closed on January 6, 2011. NRCS by July 25, 2011 to be eligible for FY is hereby re-opening the public 2011 grant funding. Late applications are not eligible for FY 2011 grant DEPARTMENT OF AGRICULTURE comment period for the Notice. Interested parties should refer to Table funding. Natural Resources Conservation C in the December 7, 2010, Notice (75 ADDRESSES: You may obtain the Service FR 75959) for a summary of the burden application guide and materials for the for requirements under the Paperwork Public Television Station Digital [Docket No. NRCS–2011–0015] Reduction Act. Transition Grant Program at the Comments are invited on: (a) Whether following sources: Intention To Revise a Currently the proposed collection of information 1. The Internet at http:// Approved Information Collection is necessary for the proper performance www.rurdev.usda.gov/UTP_DTV.html of the functions of the agency, including 2. You may also request the AGENCY: Natural Resources whether the information will have application guide and materials from Conservation Service (NRCS), United practical utility; (b) the accuracy of the RUS by contacting the appropriate States Department of Agriculture agency’s estimate of the burden hours individual listed in Section VII of the (USDA). (including hours and cost) of the SUPPLEMENTARY INFORMATION section of ACTION: Notice of re-opening of public proposed collection of information; (c) this notice. comment period. ways to enhance the quality, utility, and Completed applications may be clarity of the information to be submitted the following ways: SUMMARY: On December 7, 2010, NRCS collected; and (d) ways to minimize the 1. Paper: Submit completed paper published in the Federal Register a burden of the collection of information applications for grants to the Notice and request for comments to a on respondents, including through the Telecommunications Program, Rural currently approved information use of automated collection techniques Utilities Service, 1400 Independence collection package with a public or other forms of information Ave., SW., Room 2844, STOP 1550, comment period closing on January 6, technology. Washington, DC 20250–1550. 2011. The Notice announced NRCS’ Comments submitted in response to Applications should be marked intention to revise a currently approved this Notice will be summarized and ‘‘Attention: Acting Director, Advanced information collection, Long-Term included in the request for Office of Services Division.’’ Contracting, to clarify for the public Management and Budget approval of 2. Electronic: Submit electronic grant information that is no longer included this information collection, and will applications to Grants.gov at the in the collection. NRCS is hereby re- become a matter of public record. following Web address: http:// opening the public comment period for www.grants.gov/ (Grants.gov), and the Notice. Signed this 3rd day of June 2011, in follow the instructions you find on that Washington, DC. DATES: Comments to the Notice Web site. Dave White, published in the Federal Register on FOR FURTHER INFORMATION CONTACT: Gary December 7, 2010 (75 FR 75959) must Chief, Natural Resources Conservation B. Allan, Chief, Universal Services Service. be received on or before August 9, 2011 Branch, Advanced Services Division, [FR Doc. 2011–14443 Filed 6–9–11; 8:45 am] ADDRESSES: You may send comments Telecommunications Program, Rural BILLING CODE 3410–16–P using any of the following methods: Utilities Service, telephone: 202–690– • Government-wide rulemaking Web 4493, fax: 202–720–1051. SUPPLEMENTARY INFORMATION: site: Go to http://www.regulations.gov DEPARTMENT OF AGRICULTURE and follow the instructions for sending Overview comments electronically. Rural Utilities Service Federal Agency: Rural Utilities • Mail: Paperwork Reduction Act Service (RUS). Comments, NRCS, P.O. Box 2890, Announcement of Grant Application Deadlines and Funding Levels Funding Opportunity Title: Public Washington, DC 20013. Television Station Digital Transition FOR FURTHER INFORMATION CONTACT: AGENCY: Rural Utilities Service, USDA. Grant Program. Phyllis Watkins, Department of ACTION: Notice of funds availability. Announcement Type: Initial Agriculture, Natural Resources announcement. Conservation Service, Acting Forms SUMMARY: The Rural Utilities Service Catalog of Federal Domestic Manager, 1400 Independence Avenue, (RUS), an agency of the United States Assistance (CFDA) Number: 10.861. SW., Room 4235 South Building, Department of Agriculture (USDA), Dates: Deadline for completed grant Washington, DC 20250; Telephone: announces its Public Television Digital applications submitted electronically or (202) 720–3770. Transition Grant Program application on paper.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34037

Items in Supplementary Information production equipment and III. Eligibility Information multicasting/datacasting equipment. I. Funding Opportunity: Brief introduction A. Who is eligible for grants? (See 7 CFR There are some rural stations that may to the Public Television Station Digital 1740.3.) Transition Grant Program. need to install translators to provide fill- II. Award Information: Maximum amounts. in service to areas that previously 1. Public television stations which III. Eligibility Information: Who is eligible, received analog but are now unable to serve rural areas are eligible for Public what kinds of projects are eligible, what receive digital. In FY 2010, 14 awards Television Station Digital Transition criteria determine basic eligibility. were made for the following: Grants. A public television station is a IV. Application and Submission Translators, studio and production noncommercial educational television Information: Where to get application equipment, master control equipment, broadcast station that is qualified for materials, what constitutes a completed Community Service Grants by the application, how and where to submit and microwave equipment. When compared with the first few years of the Corporation for Public Broadcasting applications, deadlines, items that are under section 396(k) of the eligible. program, as the digital transition V. Application Review Information: progresses, more applications were Communications Act of 1934. Considerations and preferences, scoring received for translators and master 2. Individuals are not eligible for criteria, review standards, selection control and production equipment, than Public Television Station Digital information. for transmitters. Some stations may not Transition Grant Program financial VI. Award Administration Information: have achieved full analog parity in assistance directly. Award notice information, award recipient program management and creation even B. What are the basic eligibility reporting requirements. VII. Agency Contacts: Web, phone, fax, after the June 12, 2009, deadline. requirements for a project? email, contact name. Continuation of reliable public 1. Grants shall be made to perform television service to all current patrons I. Funding Opportunity digital transitions of television understandably is still the focus for broadcasting serving rural areas. Grant As part of the nation’s transition to many broadcasters. funds may be used to acquire, lease, digital television, the Federal It is important for public television and/or install facilities and software Communications Commission (FCC) stations to be able to tailor their necessary to the digital transition. required all television broadcasters to programs and services (e.g., education Specific purposes include: have converted their transmitters to services, public health, homeland a. Digital transmitters, translators, and broadcast digital signals by June 12, security, and local culture) to the needs repeaters, including all facilities 2009. While stations must broadcast of their rural constituents. If public required to initiate DTV broadcasting. their main transmitter signal in digital, television programming is lost, many All broadcast facilities acquired with many rural stations have yet to complete school systems may be left without grant funds shall be capable of a full digital transition of their stations educational programming they count on delivering DTV programming and HDTV across all equipment. Rural stations for curriculum compliance. programming, at both the interim and often have translators serving small or This notice has been formatted to final channel and power authorizations. isolated areas and some of these have conform to a policy directive issued by There is no limit to the number of not completed the transition to digital. the Office of Federal Financial transmitters or translators that may be Because the FCC deadline did not apply Management (OFFM) of the Office of included in an application; to translators, they are allowed to Management and Budget (OMB), b. Power upgrades of existing DTV continue broadcasting in analog. Some published in the Federal Register on transmitter equipment, including rural stations also have not fully June 23, 2003, (68 FR 37370). This replacement of existing low-power converted their production and studio Notice does not change the Public digital transmitters with digital equipment to digital, which has Television Station Digital Transition transmitters capable of delivering the impaired their ability to provide the Grant Program regulation (7 CFR part final authorized power level; same quality local programming that 1740). c. Studio-to-transmitter links; d. Equipment to allow local control they provided in analog. The digital II. Award Information transition has also created some service over digital content and programming, gaps where households that received an A. Available Funds for Grants including master control equipment; analog signal are now unable to receive e. Digital program production 1. The amount available for grants for equipment, including cameras, editing, a digital signal. For rural households the FY 2011 is $4,491,000. The maximum digital transition has meant in some mixing and storage equipment; amount for grants under this program is f. Multicasting and datacasting cases diminished over-the-air public $750,000 per public television station equipment; television service. These rural per year. g. Cost of the lease of facilities, if any, households are the focus of the 2. Assistance instrument: Grant for up to three years; and, Agency’s Public Television Station documents appropriate to the project h. Associated engineering and Digital Transition Grant Program. will be executed with successful environmental studies necessary to Most applications to the Public applicants prior to any advance of implementation. Television Station Digital Transition funds. 2. Matching contributions: There is no Grant Program have sought assistance requirement for matching funds in this towards the goal of replicating analog B. Public Television Station Digital Transition Grants Cannot be Renewed program (see 7 CFR 1740.5). coverage areas through transmitter and 3. The following are not eligible for translator transitions. The first priority Award documents specify the term of grant funding (see 7 CFR 1740.7): has been to initiate digital broadcasting each award, and due to uncertainties in a. Funding for ongoing operations or from their main transmitters. As many regulatory approvals of digital television for facilities that will not be owned by stations have completed the digital broadcast facilities, the Agency will the applicant, except for leased facilities transition of their transmitters, the focus consider a one-time request to extend as provided above; has shifted to power upgrades and the period during which grant funding b. Costs of salaries, wages, and translators, as well as digital program is available. employee benefits of public television

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34038 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

station personnel unless they are for a. An application for Federal h. A presentation not to exceed five construction or installation of eligible assistance, Standard Form 424. pages demonstrating the Critical Need facilities; b. An executive summary, not to for the project. c. Portions of a project that have been exceed two pages, describing the public i. Evidence that the FCC has funded by any other source; television station, its service area and authorized the initiation of digital d. Items bought or built prior to the offerings, its current digital transition broadcasting at the project sites. In the application deadline specified in this status, and the proposed project. event that an FCC construction permit Notice of Solicitation of Applications. c. Evidence of the applicant’s has not been issued for one or more C. Summary Discussion of a Completed eligibility to apply under this Notice, sites, RUS may include those sites in the Application demonstrating that the applicant is a grant, and make advance of funds for Public Television Station as defined in that site conditional upon the See paragraph IV.B of this notice for this Notice, and that it is required by the submission of a construction permit. a summary discussion of the items that FCC to perform the digital transition. j. Compliance with other Federal make up a completed application. You d. A spreadsheet showing the total statutes. The applicant must provide will find more complete information in evidence or certification that it is in the FY 2011 Public Television Digital project cost, with a breakdown of items sufficient to enable RUS to determine compliance with all applicable Federal Transition Grant Program Application statutes and regulations, including, but Guide. You may also refer to 7 CFR individual item eligibility. e. A coverage contour map showing not limited to the following (Sample 1740.9 for completed grant application certifications are provided in the items. the digital television coverage area of the application project. This map must application guide.): IV. Application and Submission show the counties (or county) (1) Equal Opportunity and Information comprising the Core Coverage Area by Nondiscrimination; (2) Architectural barriers; shading and by name. Partial counties A. Where To Get Application (3) Flood hazard area precautions; Information included in the applicant’s Core (4) Uniform Relocation Assistance Coverage Area must be identified as and Real Property Acquisition Policies The application guide, copies of partial and must contain an attachment necessary forms and samples, and the Act of 1970; with the applicant’s estimate of the (5) Drug-Free Workplace Act of 1998 Public Television Station Digital percentage that its coverage contour Transition Grant Program regulation are (41 U.S.C. 701); comprises of the total area of the county (6) Debarment, Suspension; and Other available from these sources: (In the Application Guide, see Section 1. The Internet: http:// Responsibility Matters—Primary D. Scoring Documentation). If the www.rurdev.usda.gov/UTP_DTV.html, Covered Transactions; application is for a translator, the or http://www.grants.gov. (7) Lobbying for Contracts, Grants, 2. The RUS Advanced Services coverage area may be estimated by the Loans, and Cooperative Agreements Division, for paper copies of these applicant through computer modeling Byrd Anti-Lobbying Amendment (31 materials: (202) 690–4493. or some other reasonable method, and U.S.C. 1352). this estimate is subject to acceptance by k. Environmental impact and historic B. What constitutes a completed RUS. preservation. The applicant must application? f. The applicant’s estimate of its provide details of the digital transition’s 1. Detailed information on each item Rurality score, supported by a impact on the environment and historic required can be found in the Public worksheet showing the population of its preservation, and comply with 7 CFR Television Station Digital Transition Core Coverage Area, and the urban and Part 1794, which contains the Agency’s Grant Program regulation and rural populations within the Core policies and procedures for application guide. Applicants are Coverage Area. The data source for the implementing a variety of federal strongly encouraged to read and apply urban and rural components of that statutes, regulations, and executive both the regulation and the application population must be identified. If the orders generally pertaining to the guide. This Notice does not change the application includes computations protection of the quality of the human requirements for a completed made by a consultant or other environment. This must be contained in application specified in the program organization outside the public a separate section entitled regulation. The program regulation and television station, the application shall ‘‘Environmental Impact of the Digital application guide provide specific state the details of that collaboration. Transition,’’ and must include the guidance on each of the items listed and g. The applicant’s estimate of its Environmental Questionnaire/ the application guide provides all Economic Need score, supported by a Certification, available from RUS, necessary forms and sample worksheets. worksheet showing the National School describing the impact of its digital 2. A completed application must Lunch Program eligibility levels for all transition. Submission of the include the following documentation, school districts within the Core Environmental Questionnaire/ studies, reports and information in form Coverage Area and averaging these Certification alone does not constitute satisfactory to RUS. Applications should eligibility percentages. The application compliance with 7 CFR part 1794. be prepared in conformance with the must include a statement from the state 3. DUNS Number. As required by the provisions in 7 CFR part 1740, subpart or local organization that administers OMB, all applicants for grants must A, and applicable USDA regulations the NSLP program certifying that the supply a Dun and Bradstreet Data including 7 CFR parts 3015, 3016, and school district scores used in the Universal Numbering System (DUNS) 3019. Applicants must use the computations are accurate. Applicants number when applying. The Standard application guide for this program are to use the most recent data available. Form 424 (SF–424) contains a field for containing instructions and all Some official NSLP data is posted on you to use when supplying your DUNS necessary forms, as well as other state and/or local government Web sites, number. Obtaining a DUNS number important information, in preparing in which case a printout of the data may costs nothing and requires a short their application. Completed be provided as long as it documents the telephone call to Dun and Bradstreet. applications must include the following: Web site source. Please see http://www.grants.gov/

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34039

applicants/request_duns_number.jsp for d. Due to screening procedures at the c. The Critical Need for the project, more information on how to obtain a Department of Agriculture, packages and of the applicant, including the DUNS number or how to verify your arriving via the USPS are irradiated, benefits derived from the proposed organization’s number. which can damage the contents. RUS service (up to 25 points). 4. Central Contractor Registration encourages applicants to consider the B. Review Standards (CCR). impact of this procedure in selecting a. In accordance with 2 CFR part 25, their application delivery method. 1. All applications for grants must be applicants, whether applying 2. Electronically submitted delivered to RUS at the address and by electronically or by paper, must be applications. the date specified in this notice to be registered in the CCR prior to submitting a. Applications will not be accepted eligible for funding. RUS will review an application. Applicants may register via facsimile machine transmission or each application for conformance with for the CCR at https:// electronic mail. the provisions of this part. RUS may www.uscontractorregistration.com/or by b. Electronic applications for grants contact the applicant for additional calling 1–877–252–2700. Completing will be accepted if submitted through information or clarification. the CCR registration process takes up to the Federal government’s Grants.gov 2. Incomplete applications as of the five business days, and applicants are initiative at http://www.grants.gov. deadline for submission will not be strongly encouraged to begin the process c. How to use Grants.gov: considered. If an application is well in advance of the deadline (i) Navigate your Web browser to determined to be incomplete, the specified in this notice. http://www.grants.gov. applicant will be notified in writing and b. The CCR registration must remain (ii) Follow the instructions on that the application will be returned and active, with current information, at all Web site to find grant information. will not be considered for FY 2011 times during which an entity has an (iii) Download a copy of the funding. application under consideration by an application package. 3. Applications conforming with this agency or has an active Federal Award. (iv) Complete the package off-line. part will be evaluated competitively by To remain registered in the CCR (v) Upload and submit the application a panel of RUS employees selected by database after the initial registration, the via the Grants.gov Web site. the Administrator of RUS, and will be applicant is required to review and d. Grants.gov contains full awarded points as described in the update, on an annual basis from the date instructions on all required passwords, scoring criteria in 7 CFR 1740.8. of initial registration or subsequent credentialing and software. Applications will be ranked and grants updates, its information in the CCR e. RUS encourages applicants who awarded in rank order until all grant database to ensure it is current, accurate wish to apply through Grants.gov to funds are expended. and complete. submit their applications in advance of 4. Regardless of the score an the deadline. Difficulties encountered application receives, if the RUS C. How many copies of an application by applicants filing through Grants.gov determines that the Project is are required? will not justify filing deadline technically or financially infeasible, the 1. Applications submitted on paper: extensions. Agency will notify the applicant, in Submit the original application and two f. If a system problem occurs or you writing, and the application will be (2) copies to RUS. have technical difficulties with an returned and will not be considered for 2. Electronically submitted electronic application, please use the FY 2011 funding. applications: The additional paper customer support resources available at C. Scoring Guidelines copies for RUS are not necessary if you the Grants.gov Web site. submit the application electronically 1. The applicant’s estimated scores in through http://www.grants.gov. E. Deadlines Rurality and Economic Need will be checked and, if necessary, corrected by D. How and where to submit an 1. Paper applications must be postmarked and mailed, shipped, or RUS. application? 2. The Critical Need score will be sent overnight no later than July 25, determined by RUS based on Grant applications may be submitted 2011 to be eligible for FY 2011 grant information presented in the on paper or electronically. funding. Late applications are not application. The critical need score is a 1. Submitting applications on paper. eligible for FY 2011 grant funding. subjective score based on the reviewer’s a. Address paper applications for 2. Electronic grant applications must assessment of the supporting arguments grants to the Telecommunications be received by July 25, 2011 to be made in the application. The score aims Program, RUS, 1400 Independence Ave., eligible for FY 2011 funding. Late to assess how the specific digital SW., Room 2844, STOP 1550, applications are not eligible for FY 2011 transition purpose fits with the unique Washington, DC 20250–1550. grant funding. Applications should be marked need of the television station as it moves ‘‘Attention: Acting Director, Advanced V. Application Review Information all of its equipment through the digital transition. This score is intended to Services Division.’’ A. Criteria b. Paper applications must show proof capture from the rural public’s of mailing or shipping consisting of one 1. Grant applications are scored standpoint the necessity and usefulness of the following: competitively and subject to the criteria of the proposed project. (i) A legibly dated postmark applied listed below. This scoring category will also by the U. S. Postal Service; 2. Grant application scoring criteria recognize that at a specific time, some (ii) A legible mail receipt with the are detailed in 7 CFR 1740.8. There are transition purposes are perceived to be date of mailing stamped by the USPS; or 100 points available, broken down as more essential than others and that, over (iii) A dated shipping label, invoice, follows: time, that perception changes. For or receipt from a commercial carrier. a. The Rurality of the Project (up to example, during the transition from c. Non-USPS-applied postage dating, 50 points); analog to digital transmitters, which i.e. dated postage meter stamps, do not b. The Economic Need of the Project’s concluded on June 12, 2009, a first time constitute proof of the date of mailing. Service Area (up to 25 points); and transition of a primary transmitter was

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34040 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

the most essential project that could be Federal Funding Accountability and DEPARTMENT OF COMMERCE undertaken for most stations and would Transparency Act of 2006 in the event have been scored accordingly. Now that the applicant receives funding unless Foreign-Trade Zones Board all transmitters have completed the such applicant is exempt from such transition to digital, the focus may shift reporting requirements pursuant to 2 [Order No. 1767] to some of the other eligible purposes CFR part 170, § 170.110(b). The such as translators, studio and reporting requirements under the Reorganization of Foreign-Trade Zone production equipment, and master Transparency Act pursuant to 2 CFR 177; (Expansion of Service Area) control equipment. But what equipment part 170 are as follows: Under Alternative Site Framework, specifically is most essential may vary a. First Tier Sub-Awards of $25,000 or Evansville, IN from station to station. Just to name one more in non-Recovery Act funds (unless Pursuant to its authority under the Foreign- example, local production equipment they are exempt under 2 CFR part 170) Trade Zones Act of June 18, 1934, as can be a high priority especially if it must be reported by the Recipient to amended (19 U.S.C. 81a–81u), the Foreign- produces an areas’ only local news or if http://www.fsrs.gov no later than the Trade Zones Board (the Board) adopts the the station has been historically active end of the month following the month following Order: in producing local programming. In the obligation was made. addition to being a subjective score, the b. The Total Compensation of the Whereas, the Board adopted the critical need score is also relative in the alternative site framework (ASF) (74 FR sense that each application is scored in Recipient’s Executives (5 most highly compensated executives) must be 1170, 01/12/09; correction 74 FR 3987, comparison to other applications in the 01/22/09; 75 FR 71069–71070, 11/22/ competition. These various factors reported by the Recipient (if the Recipient meets the criteria under 2 CFR 10) as an option for the establishment or explain why a similar application may reorganization of general-purpose zones; receive a different critical need score in part 170) to http://www.ccr.gov by the different years of this program. end of the month following the month Whereas, the Ports of Indiana, grantee in which the award was made. of Foreign-Trade Zone 177, submitted VI. Award Administration Information c. The Total Compensation of the an application to the Board (FTZ Docket A. Award Notices Subrecipient’s Executives (5 most 3–2011, filed 1/3/2011) for authority to highly compensated executives) must be expand the service area of the zone to The Agency generally notifies reported by the Subrecipient (if the include Sullivan, Perry, Crawford, applicants whose projects are selected Subrecipient meets the criteria under 2 Orange and Martin Counties, as for awards by faxing an award letter. CFR part 170) to the Recipient by the described in the application, adjacent to The Agency follows the award letter end of the month following the month the Owensboro-Evansville Customs and with a grant agreement that contains all in which the sub-award was made. Border Protection port of entry; the terms and conditions for the grant. A copy of the standard agreement is 3. Systems Necessary To Meet Whereas, notice inviting public posted on the RUS Web site at http:// Reporting Requirements. comment was given in the Federal www.rurdev.usda.gov/ The applicant must have the Register (76 FR 1133, 1/7/2011) and the UTP_DTVResources.html. An applicant necessary processes and systems in application has been processed must execute and return the grant place to comply with the reporting pursuant to the FTZ Act and the Board’s agreement, accompanied by any requirements for first-tier sub-awards regulations; and, additional items required by the grant and executive compensation under the Whereas, the Board adopts the agreement. Federal Funding Accountability and findings and recommendations of the Transparence Act of 2006 in the event examiner’s report, and finds that the B. Administrative and National Policy the applicant receives funding unless requirements of the FTZ Act and Requirements such applicant is exempt from such Board’s regulations are satisfied, and The items listed in the program reporting requirements pursuant to 2 that the proposal is in the public regulation at 7 CFR 1740.9(j) implement CFR part 170, § 170.110(b). interest; the appropriate administrative and VII. Agency Contacts Now, Therefore, the Board hereby national policy requirements. orders: C. Reporting A. Web site: http://www.usda.gov/rus/ The application to reorganize FTZ 177 . The Web site maintains up-to-date to expand the service area under the 1. All recipients of Public Television resources and contact information for Station Digital Transition Grant Program alternative site framework is approved, the Public Television Station Digital subject to the FTZ Act and the Board’s financial assistance must provide Transition Grant Program. semiannual performance activity reports regulations, including Section 400.28, to RUS until the project is complete and B. Phone: 202–690–4493. and to the Board’s standard 2,000-acre the funds are expended. A final C. Fax: 202–720–1051. activation limit for the overall general- purpose zone project. performance report is also required; the D. Main point of contact: Gary B. final report may serve as the last Allan, Chief, Universal Services Branch, Signed at Washington, DC, this 3rd day of semiannual report. The final report Advanced Services Division, June 2011. must include an evaluation of the Telecommunications Program, RUS, Ronald K. Lorentzen, success of the project. telephone: 202–690–4493, fax: 202– 2. Recipient and Subrecipient Deputy Assistant Secretary for Import 720–1051. Administration, Alternate Chairman, Foreign- Reporting. Trade Zones Board. The applicant must have the Dated: May 19, 2011. necessary processes and systems in Jessica Zufolo, Andrew McGilvray, place to comply with the reporting Acting Administrator, Rural Utilities Service. Executive Secretary. requirements for first-tier sub-awards [FR Doc. 2011–14367 Filed 6–9–11; 8:45 am] [FR Doc. 2011–14445 Filed 6–9–11; 8:45 am] and executive compensation under the BILLING CODE P BILLING CODE P

VerDate Mar<15>2010 17:21 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34041

DEPARTMENT OF COMMERCE would not be participating in to chart out a roadmap for supporting SOLARCON. biomass generated power. International Trade Administration • Commercial Setting Waste-to-Energy: The GOI has developed a National Master Plan for Clean Technologies Mission to India India, one of the world’s fastest Development of Waste-to-Energy in AGENCY: International Trade growing economies, presents lucrative India. The GOI estimates that the Administration, Department of opportunities for U.S. companies that potential to generate power from Commerce. offer products and services in the clean municipal solid waste will more than technologies industries. India is seeking ACTION: Notice. double by 2020, while the potential to diversify and grow its energy sources from industrial waste is likely to and reduce carbon emissions in the Mission Description increase by more than 50%. In a country context of sustained economic with high population density and The United States Department of expansion. With the rapid growth of the limited landfill capacity, waste to Commerce (DOC) International Trade Indian economy, the demand for clean energy power generation is a major Administration (ITA), U.S. and Foreign technologies in the country is rising priority. Commercial Service (CS) is organizing a exponentially, and the development of • Solar: India has embarked upon a Clean Technologies Trade Mission to renewable energy resources and $19 billion plan to produce 20GW of India on November 7–11, 2011 to be led deployment of environment solar power by 2022. by Under Secretary for International technologies that reduce greenhouse gas Trade Francisco Sa´nchez. India, one of Energy Efficiency: The market emissions is a high priority for the potential for industrial energy efficiency the world’s fastest growing economies, Government of India (GOI). products and services is projected to be presents lucrative opportunities for U.S. Renewable Energy: The Indian approximately $27 billion in 2018; the companies due to a critical need for renewable energy market is estimated to significant investments in clean energy be worth over $17 billion this year and potential for green buildings was estimated to be over $3 billion in 2011. and environmental technologies. The is growing at an annual rate of 15%. • trade mission will target a broad range Wind, hydro, solar, biomass, and waste- Smart Grids: At present the smart of clean technologies including wind, to-energy all have huge potential. Only grid market in India is at a nascent stage hydro, waste-to-energy, solar power 19,973 MW of total renewable energy but is projected to grow rapidly with generation and clean coal; energy potential estimated at 200,000 MW has plans to install several million smart efficiency including smart grids; and meters in the next few years. been tapped in India thus far leaving a • environmental technologies such as huge opportunity for potential future Green Buildings: India has emerged water and waste water treatment and market growth. as one of the world’s top destinations solid waste management. This mission Demand for power in India has been for green buildings and has will contribute to the National Export continuously increasing due to rapid implemented a number of home-rating Initiative (NEI) and the Growth in development and industrialization. The schemes and building codes, which Emerging Metropolitan Sectors (GEMS) demand/availability gap remains the open up a wide range of opportunities program and delivers on the CS mission major concern for the Indian energy for U.S. companies in the energy of assisting U.S. businesses in exporting, sector, threatening to slow the growth of efficiency sector. entering new markets, and enhancing the Indian economy. To keep its Environmental Technologies: The U.S. exports in the clean technology economic growth at its current pace, environmental technologies market in sector in India’s emerging regions. India needs to add 150 GW of power India is estimated at approximately $9 The mission will help participating capacity at an investment of $200 billion per year—with an annual growth firms gain market insights, make billion over the next five years. The rate of 15%. Growing environmental industry contacts, solidify business Government of India (GOI) wants to consciousness, increasing compliance strategies, and advance specific projects, tackle the existing shortfall in the and enforcement of environmental with the goal of increasing U.S. exports energy supply increasingly through the legislation, the availability of finance to India. The mission will include one- generation of renewable energies. India and rising domestic demand due to the on-one business appointments with pre- today stands among the top four rapid growth in urban population has screened potential buyers, agents, countries in the world in terms of led to the deployment of clean distributors and joint venture partners; renewable energy capacity and it offers technologies in the country. The Indian meeting with national and regional some attractive incentives in this area. Government has initiated many new government officials; and networking • Wind: U.S. companies can take projects for improving environmental events. Participating in an official U.S. advantage of India’s wind energy conditions and reducing pollution industry delegation, rather than market, which is one of the world’s ($12.4 billion is reserved for traveling to India on their own, will largest as India imports wind turbines, improvement of waste management, enhance the companies’ ability to secure windmill blades, wind battery chargers, development of urban areas, water and meetings in India. Additionally, in wind energy converters, etc. sanitation, etc., in 63 cities nationwide.) Hyderabad, the U.S.-based solar • Hydro: The hydropower generation The booming Indian economy, rapid companies will attend SOLARCON potential for India is 300,000 MW out of industrialization, and urbanization have India 2011, a DOC-certified trade show which only 145,000 MW can be all contributed to severe environmental where Commercial Service India is exploited due to limited resources and damage which creates opportunities for organizing a U.S. pavilion, which will difficult geographical terrain. The GOI U.S. firms that can offer technology allow delegates to tap into a wealth of has firmed up an investment of $20 solutions to these challenges. local contacts for matchmaking and billion for the development of hydro Water and Waste Water Management: participate in industry seminars that projects by 2020. The Indian Water Resources Ministry include public speaking opportunities. • Biomass: The GOI announced a plans to invest $50 billion in the water In Hyderabad, there will be a separate target of creating 10,000 MW of biomass sector over the next 5 years. track of matchmaking and other power generation by 2020 and will • The $1.2 billion Indian water and activities for non-solar companies who shortly release a biomass power policy waste water treatment market is

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34042 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

expected to grow at a rate of over 10% Renewable energy, waste to energy, and Chamber of Commerce in India. U.S. in the next few years. alternative fuels are all pro-actively participants will be counseled before • The U.S. accounts for over 40% of supported by the local government and after the mission by CS India staff the total Indian imports into this sector. through a variety of policy measures and other federal agencies actively • The current market for industrial and projects. Hyderabad is centrally involved in clean technology trade and waste water treatment is estimated located and one of India’s fastest promotion activities in India. at $640 million and drinking water growing metropolitan areas. purification at $425 million. Both Ahmedabad is the 7th largest city in Proposed Time table sectors are expected to witness India, and is located in Gujarat which is Monday, November 7, Day 1 tremendous growth in the near and one of the leading industrialized states medium-term. in India. Ahmedabad is the second New Delhi • The $280 million bottled water largest industrial center in western India Welcome briefing by the U.S. market is expected to reach $600 after Mumbai and is a base for the Embassy million by 2012. chemical, textile, pharmaceutical and One-on-one business appointments • The $40 million market for food processing industries. The region Ministry meetings packaged waste water treatment plants offers strong business prospects to U.S. Networking reception is expected to reach $60 million by companies in the clean energy sector, Tuesday, November 8, Day 2 2013. particularly in solar sector as the Clean Coal Technologies: India is government of the state has recently Depart for Hyderabad making significant effort in adopting announced a progressive policy with Welcome briefing and networking international technology and adding respect to industrial energy efficiency. reception in honor of all the new clean coal infrastructure in the Ahmedabad has been identified by CS mission delegates three categories of coal beneficiation, India as one of the key second tier cities Wednesday, November 9, Day 3 coal combustion and coal conversion. in India under the ‘Growth in Emerging Indian coal is predominantly low grade Metropolitan Sectors’ (GEMS) program Hyderabad and high in ash contents. India is which is aimed at building commercial Participation in SOLARCON Show targeting a coal beneficiation capacity of ties between the U.S. and India’s (Select Solar mission delegates) 810 million tons by 2025, an eight-fold emerging cities and states. One-on-one business appointments increase from the current installed (All mission delegates) capacity. Improved coal combustion Mission Goals SOLARCON reception (Solar mission technology upgrade efforts include The goal of the Clean Technologies delegates) supercritical boiler technology and Trade Mission to India is to promote the Thursday, November 10, Day 4 integrated gas combined cycle (IGCC) export of U.S. goods and services by: (1) using synthesis gas for thermal power Introducing U.S. companies to industry Depart for Ahmedabad plants. Coal conversion technologies representatives and potential clients and Networking welcome dinner being targeted are underground coal partners; and (2) introducing U.S. Friday, November 11, Day 5 gasification and coal to liquid projects. companies to Indian government Additional focus areas are capturing officials in India to learn about policy Ahmedabad methane from coal bed/coal mine/ initiatives that will impact the One-on-one business appointments ventilation air for commercial implementation of energy generation, Early evening reception exploitation. The GOI is collaborating energy conservation and environmental Departure for the U.S. via Mumbai with several international agencies and projects. (early morning of Saturday, countries to explore the best available November 12) Mission Scenario technology options in each of the above Participation Requirements areas. In New Delhi, the U.S. mission New Delhi is the seat of the national members will participate in an Embassy All parties interested in participating government and the principal end-user briefing, meet with GOI officials and in the trade mission must complete and of clean-energy technologies in India. take part in one-on-one business submit an application package for From New Delhi, the national appointments with private-sector consideration by the DOC. All government issues directives on organizations. In addition, they will applicants will be evaluated on their nationwide deployment of clean and enjoy a networking event with industry ability to meet certain conditions and renewable energy. New Delhi is also one leaders and multipliers. In Hyderabad, best satisfy the selection criteria as of India’s largest metropolitan areas and all of the delegates will attend a outlined below. A minimum of 15 and is in need of increased power generation networking reception and have maximum of 20 companies will be and improved environmental quality. customized one-on-one business selected to participate in the mission The city’s size makes it particularly appointments. In addition, solar from the applicant pool. U.S. companies attractive market for large investments companies will participate in already doing business with India as in clean energy generated by solid and SOLARCON 2011 where they can well as U.S. companies seeking to enter liquid wastes. showcase their technologies and meet to the Indian market for the first time Hyderabad is a key hub for clean with potential partners and attend the may apply. technologies in India. It is the home for trade show reception. In Ahmedabad, Fees and Expenses the prestigious Confederation of Indian mission delegates will participate in Industry’s (CII) green business center one-on-one business appointments and After a company has been selected to and many leading Indian energy firms, networking activities. participate on the mission, a payment to many of whom have partnered with Matchmaking efforts will involve the DOC in the form of a participation American companies. One of India’s multipliers such as the Confederation of fee is required. The participation fee most significant solar energy trade Indian Industries (CII), Federation of will be $5,000 for large firms and $4,500 shows—SOLARCON will take place in Indian Chamber of Commerce and for a small- or medium-sized enterprise Hyderabad in November 2011. Industry (FICCI), and the American (SME) or small organization, which will

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34043

cover one representative.1 The fee for an Selection Timeline December 31, 2009. See Initiation of additional representative (SME or large) Mission recruitment will be Administrative Review of the is $750. conducted in an open and public Antidumping Duty Order on Wooden Participants in the SOLARCON trade manner, including publication in the Bedroom Furniture From the People’s show in Hyderabad will pay show- Federal Register, posting on the Republic of China, 75 FR 9869 (March related expenses directly to the show Commerce Department trade mission 4, 2010). On February 10, 2011, the organizer. calendar (http://www.ita.doc.gov/ Department published its preliminary Expenses for travel, lodging, meals, doctm/tmcal.html) and other Internet results of the administrative review. See and incidentals will be the Web sites, press releases to general and Wooden Bedroom Furniture from the responsibility of each mission trade media, direct mail, notices by People’s Republic of China: Preliminary participant. Delegation members will be industry trade associations and other Results of Antidumping Duty able to take advantage of U.S. Embassy multiplier groups, and publicity at rates for hotel rooms. Administrative Review and Intent to industry meetings, symposia, Rescind Review in Part, 76 FR 7534 Conditions for Participation conferences, and trade shows. (February 10, 2011). The final results of An applicant must submit a Recruitment for the mission will begin the administrative review are currently completed and signed mission immediately and conclude no later than due no later than June 10, 2011. application and supplemental September 9, 2011. Applications Statutory Time Limits application materials, including received after September 9, 2011 will be considered only if space and scheduling adequate information on the company’s In antidumping duty administrative constraints permit. products and/or services, primary reviews, section 751(a)(3)(A) of the market objectives, and goals for Contacts Tariff Act of 1930, as amended (‘‘the participation. If the Department of Act’’), requires the Department to make Commerce receives an incomplete Anne Novak, U.S. Commercial Service, Washington, DC, Tel: (202) a final determination in an application, the Department may reject administrative review of an the application, request additional 262–7764, E-mail: antidumping duty order within 120 information, or take the lack of [email protected]. days after the date on which the information into account when Preetha Nair, U.S. Commercial preliminary results are published. evaluating the applications. Service, New Delhi, India, Tel: +91–11– Each applicant must also certify that 23472347, E-mail: However, if it is not practicable to the products and services it seeks to [email protected]. complete the review within this time period, section 751(a)(3)(A) of the Act export through the mission are either Elnora Moye, allows the Department to extend the produced in the United States, or, if not, U.S. Department of Commerce, Commercial marketed under the name of a U.S. firm Service Trade Mission Program. 120-day period to 180 days after publication of the preliminary results and have at least 51 percent U.S. [FR Doc. 2011–14371 Filed 6–9–11; 8:45 am] (or 300 days if the Department has not content of the value of the finished BILLING CODE 3510–FP–P product or service. extended the time limit for the Selection Criteria for Participation: preliminary results). Selection will be based on the following DEPARTMENT OF COMMERCE criteria: Extension of Time Limit for Final • Suitability of the company’s International Trade Administration Results products or services to the market The Department has determined that • Applicant’s potential for business [A–570–890] it is not practicable to complete the in India and in the region, including Wooden Bedroom Furniture From the likelihood of exports resulting from the review within the 120-day time period People’s Republic of China: Extension mission because it requires additional time to • Consistency of the applicant’s goals of the Time Limit for the Final Results consider the comments it received on and objectives with the stated scope of of the Antidumping Duty May 25, 2011 concerning Zhangjiagang the mission Administrative Review Zheng Yan Decoration Co., Ltd. Diversity of company size, sector or AGENCY: Import Administration, Therefore, in accordance with section subsector, and location may also be International Trade Administration, 751(a)(3)(A) of the Act, the Department considered during the review process. Department of Commerce. is extending the time period for Referrals from political organizations completing the final results of the DATES: June 10, 2011. and any documents containing instant administrative review until July FOR FURTHER INFORMATION CONTACT: references to partisan political activities Jeff 11, 2011. (including political contributions) will Pedersen, AD/CVD Operations, Import This notice is published pursuant to be removed from an applicant’s Administration, International Trade sections 751(a)(3)(A) and 777(i) of the submission and not considered during Administration, U.S. Department of the selection process. Commerce, 14th Street and Constitution Act. Avenue, NW., Washington, DC 20230, Dated: June 3, 2011. 1 An SME is defined as a firm with 500 or fewer telephone: (202) 482–2769. Christian Marsh, employees or that otherwise qualifies as a small SUPPLEMENTARY INFORMATION: business under SBA regulations (see http:// Deputy Assistant Secretary for Antidumping www.sba.gov/services/contractingopportunities/ On March 4, 2010, the Department of and Countervailing Duty Operations. ‘‘ ’’ sizestandardstopics/index.html). Parent companies, Commerce ( Department ) published a [FR Doc. 2011–14365 Filed 6–9–11; 8:45 am] affiliates, and subsidiaries will be considered when notice of initiation of an administrative determining business size. The dual pricing reflects review of the antidumping duty order BILLING CODE 3510–DS–P the Commercial Service’s user fee schedule that became effective May 1, 2008 (see http:// on wooden bedroom furniture from the www.export.gov/newsletter/march2008/ People’s Republic of China covering the initiatives.html for additional information). period January 1, 2009, through

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34044 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

DEPARTMENT OF COMMERCE preliminary results of review by 120 Background days. The preliminary results will now On February 2, 2011, the Department International Trade Administration be due no later than October 31, 2011, published in the Federal Register the [A–201–830] the first business day following 120 preliminary results of the 2008–2010 days from the current deadline. See administrative review of the Carbon and Certain Alloy Steel Wire Notice of Clarification: Application of antidumping duty order on citric acid Rod From Mexico: Extension of Time ‘‘Next Business Day’’ Rule for from Canada. See Citric Acid and Limits for the Preliminary Results of Administrative Determination Deadlines Certain Citrate Salts From Canada: Fifth Antidumping Duty Administrative Pursuant to the Tariff Act of 1930, as Preliminary Results of Antidumping Review Amended, 70 FR 24533 (May 10, 2005). Duty Administrative Review, 76 FR 5782 The final results continue to be due 120 AGENCY: Import Administration, (February 2, 2011) (Preliminary Results). days after the publication of the We invited parties to comment on the International Trade Administration, preliminary results. Department of Commerce. preliminary results of the review. We FOR FURTHER INFORMATION CONTACT: Eric This notice is issued and published in received case briefs from the petitioners Greynolds or Jolanta Lawska, AD/CVD accordance with sections 751(a)(3)(A) (i.e., Archer Daniels Midland Co., Operations, Office 3, Import and 777(i)(1) of the Act. Cargill, Inc. and Tate & Lyle Americas Administration, International Trade Dated: June 3, 2011. LLC) and the respondent, JBL Canada, Administration, U.S. Department of Christian Marsh, on March 4, 2011. We received rebuttal Commerce, 14th Street and Constitution Deputy Assistant Secretary for Antidumping briefs from the petitioners and the Avenue, NW., Washington, DC 20230; and Countervailing Duty Operations. respondent on March 9, 2011. On March 4, 2011, both parties telephone: (202) 482–6071 and (202) [FR Doc. 2011–14359 Filed 6–9–11; 8:45 am] 482–8362, respectively. requested that a public hearing be held BILLING CODE 3510–DS–P in this proceeding. On March 18, and Background 21, 2011, the petitioners and JBL On November 29, 2010, the DEPARTMENT OF COMMERCE Canada, respectively, withdrew their Department of Commerce hearing requests. (‘‘Department’’) published in the Federal International Trade Administration The Department has conducted this Register a notice of initiation of the administrative review in accordance administrative review of the [A–122–853] with section 751 of the Tariff Act of antidumping duty order on carbon and 1930, as amended (the Act). certain alloy steel wire rod from Mexico, Citric Acid and Certain Citrate Salts Scope of the Order covering the period October 1, 2009, From Canada: Final Results of through September 30, 2010. See Antidumping Duty Administrative The scope of this order includes all Initiation of Antidumping and Review grades and granulation sizes of citric Countervailing Duty Administrative acid, sodium citrate, and potassium Reviews, 75 FR 73036 (November 29, AGENCY: Import Administration, citrate in their unblended forms, 2010) (‘‘Initiation Notice’’). The International Trade Administration, whether dry or in solution, and preliminary results of the review are Department of Commerce. regardless of packaging type. The scope also includes blends of citric acid, currently due no later than July 3, 2011. SUMMARY: On February 2, 2011, the sodium citrate, and potassium citrate; as Department of Commerce (Department) Extension of Time Limit of Preliminary well as blends with other ingredients, published the preliminary results of the Results such as sugar, where the unblended first administrative review of the Section 751(a)(3)(A) of the Tariff Act form(s) of citric acid, sodium citrate, antidumping duty order on citric acid of 1930, as amended (‘‘the Act’’), and potassium citrate constitute 40 and certain citrate salts (citric acid) from requires the Department to make a percent or more, by weight, of the blend. Canada. The review covers one preliminary determination within 245 The scope of this order also includes all manufacturer/exporter of the subject days after the last day of the anniversary forms of crude calcium citrate, merchandise to the United States: month of an order for which a review including dicalcium citrate Jungbunzlauer Canada Inc. (JBL is requested. Section 751(a)(3)(A) of the monohydrate, and tricalcium citrate Canada). The review covers the period Act further states that if it is not tetrahydrate, which are intermediate November 20, 2008, through May 19, practicable to complete the review products in the production of citric 2009, and May 29, 2009, through April within the time period specified, the acid, sodium citrate, and potassium 30, 2010. The final weighted-average administering authority may extend the citrate. The scope of this order does not dumping margin for the manufacturer/ 245 day period to issue its preliminary include calcium citrate that satisfies the exporter is listed below in the ‘‘Final results by up to 120 days. standards set forth in the United States Results of Review’’ section of this notice. We determine that completion of the Pharmacopeia and has been mixed with preliminary results of this review within DATES: Effective Date: June 10, 2011. a functional excipient, such as dextrose the 245 day period is not practicable for or starch, where the excipient FOR FURTHER INFORMATION CONTACT: the following reasons. This review constitutes at least 2 percent, by weight, Rebecca Trainor or Kate Johnson, AD/ requires the Department to gather and of the product. The scope of this order CVD Operations, Office 2, Import analyze a significant amount of includes the hydrous and anhydrous Administration, International Trade information pertaining to the company’s forms of citric acid, the dihydrate and Administration, U.S. Department of sales practices, manufacturing costs, anhydrous forms of sodium citrate, Commerce, 14th Street and Constitution and corporate relationships. Given the otherwise known as citric acid sodium Avenue, NW., Washington, DC, 20230; number and complexity of issues in this salt, and the monohydrate and telephone (202) 482–4007 or (202) 482– case, and in accordance with section monopotassium forms of potassium 4929, respectively. 751(a)(3)(A) of the Act, we are extending citrate. Sodium citrate also includes the time period for issuing the SUPPLEMENTARY INFORMATION: both trisodium citrate and monosodium

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34045

citrate, which are also known as citric In addition, a complete version of final results of this review and for future acid trisodium salt and citric acid the Decision Memo can be accessed deposits of estimated duties, where monosodium salt, respectively. Citric directly on the Web at http://ia.ita.doc. applicable. acid and sodium citrate are classifiable gov/frn/. The paper copy and electronic The Department clarified its under 2918.14.0000 and 2918.15.1000 of version of the Decision Memo are ‘‘automatic assessment’’ regulation on the Harmonized Tariff Schedule of the identical in content. May 6, 2003. See Antidumping and United States (HTSUS), respectively. Countervailing Duty Proceedings: Changes Since the Preliminary Results Potassium citrate and crude calcium Assessment of Antidumping Duties, 68 citrate are classifiable under Based on our analysis of the FR 23954 (May 6, 2003) (Assessment 2918.15.5000 and 3824.90.9290 of the comments received, we have made Policy Notice). This clarification will HTSUS, respectively. Blends that certain changes in the margin apply to entries of subject merchandise include citric acid, sodium citrate, and calculations for JBL Canada. These during the POR produced by the potassium citrate are classifiable under changes are discussed in the relevant company included in these final results 3824.90.9290 of the HTSUS. Although sections of the Decision Memo. of review for which the reviewed company did not know that the the HTSUS subheadings are provided Final Results of the Review for convenience and customs purposes, merchandise it sold to the intermediary the written description of the As a result of our review, we (e.g., a reseller, trading company, or merchandise is dispositive. determined that the following weighted- exporter) was destined for the United average margin percentage applies for States. In such instances, we will Period of Review the period November 20, 2008, through instruct CBP to liquidate unreviewed May 19, 2009, and May 29, 2009, The period of review (POR) is entries at the all-others rate effective through April 30, 2010, as follows: November 20, 2008, through May 19, during the POR if there is no rate for the 2009, and May 29, 2009, through April intermediary involved in the Margin transaction. See Assessment Policy 30, 2010. In accordance with section Manufacturer/Exporter (percent) 733(d) of the Act, and subsequent to the Notice for a full discussion of this imposition of the antidumping duty Jungbunzlauer Canada, Inc ..... 1.60 clarification. order, we instructed U.S. Customs and Cash Deposit Requirements Assessment Rates Border Protection (CBP) to terminate the The following cash deposit suspension of liquidation and to The Department shall determine, and requirements will be effective for all liquidate, without regard to CBP shall assess, antidumping duties on shipments of the subject merchandise antidumping duties, entries of subject all appropriate entries, in accordance entered, or withdrawn from warehouse, merchandise for the period May 20, with 19 CFR 351.212(b)(1). Pursuant to for consumption on or after the 2009, through May 28, 2009. 19 CFR 356.8(a), the Department intends publication date of the final results of Accordingly, this administrative review to issue appropriate appraisement this administrative review, as provided does not include the period May 20, instructions for the respondent subject by section 751(a)(2)(C) of the Act: (1) 2009, through May 28, 2009. to this review directly to CBP 41 days The cash deposit rate for the company Cost of Production after the date of publication of the final listed above will be the rate shown results of this review. above; (2) for previously reviewed or As discussed in the Preliminary Because the respondent did not report investigated companies not Results, we conducted an investigation entered value for all sales to each participating in this review, the cash to determine whether JBL Canada made importer or customer, we calculated deposit rate will continue to be the comparison market sales of the foreign importer- or customer-specific per-unit company-specific rate published for the like product during the POR at prices duty assessment rates by aggregating the most recent period; (3) if the exporter is below the costs of production (COP) total amount of antidumping duties not a firm covered in this review, a prior within the meaning of section 773(b) of calculated for the examined sales and review, or the original less-than-fair- the Act. We performed the cost test for dividing this amount by the total value (LTFV) investigation, but the these final results following the same quantity of those sales. To determine manufacturer is, the cash deposit rate methodology as in the Preliminary whether the duty assessment rates are will be the rate established for the most Results. Based on this test, we did not de minimis, in accordance with the recent period for the manufacturer of disregard any of JBL Canada’s home requirement set forth in 19 CFR the merchandise; and (4) the cash market sales of citric acid because, for 351.106(c)(1), we calculated importer- deposit rate for all other manufacturers all products, we found that less than 20 specific ad valorem ratios based on the or exporters will continue to be 23.21 percent of these sales were at prices estimated entered value. percent, the all-others rate made below the COP. We will instruct CBP to assess effective by the LTFV investigation. See antidumping duties on all appropriate Analysis of Comments Received Citric Acid and Certain Citrate Salts entries covered by this review if any From Canada and the People’s Republic All issues raised in the case briefs by importer-specific assessment rate of China: Antidumping Duty Orders, 74 parties to this administrative review are calculated in the final results of this FR 25703 (May 29, 2009). These deposit listed in the Appendix to this notice and review is above de minimis (i.e., at or requirements shall remain in effect until addressed in the Issues and Decision above 0.50 percent). Pursuant to 19 CFR further notice. Memorandum (Decision Memo), which 351.106(c)(2), we will instruct CBP to is adopted by this notice. Parties can liquidate without regard to antidumping Notification to Importers find a complete discussion of all issues duties any entries for which the This notice also serves as a final raised in this review and the assessment rate is de minimis (i.e., less reminder to importers of their corresponding recommendations in this than 0.50 percent). The final results of responsibility under 19 CFR 351.402(f) public memorandum, which is on file in this review shall be the basis for the to file a certificate regarding the the Central Records Unit, Room 7046, of assessment of antidumping duties on reimbursement of antidumping duties the main Department building. entries of merchandise covered by the prior to liquidation of the relevant

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34046 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

entries during this review period. of instances where merchandise from a a company-specific cash-deposit rate, a Failure to comply with this requirement non-reviewed exporter enters the United separate rate, or the NME-wide rate. could result in the Secretary’s States at the cash-deposit rate of an Entries of subject merchandise are presumption that reimbursement of exporter subject to review but where the subject to cash-deposit requirements antidumping duties occurred and the basis for that cash deposit is not and are suspended from liquidation subsequent assessment of double consistent with information until the Department instructs CBP to antidumping duties. subsequently reported to the liquidate the entries. See section Department during an administrative 733(d)(2) of the Act. When no review is Notification to Interested Parties review. Accordingly, to ensure that requested for a particular AD order for This notice serves as the only entries are liquidated at appropriate a given review period, the Department reminder to parties subject to rates and in accordance with the instructs CBP to liquidate all entries of administrative protective order (APO) of information reported to the Department subject merchandise for that period at their responsibility concerning the during an administrative review, the the cash-deposit rate that was required disposition of proprietary information Department is proposing to refine its at the time of entry. See 19 CFR disclosed under APO in accordance practice with respect to the rate at 351.212(c). When a review is requested with 19 CFR 351.305(a)(3). Timely which it instructs CBP to liquidate for a firm for a given review period, written notification of return/ certain entries from non-reviewed entries that have been identified by an destruction of APO materials or exporters. Specifically, the Department importer as that firm’s merchandise conversion to judicial protective order is proposes to instruct CBP to liquidate remain suspended from liquidation hereby requested. Failure to comply such entries at the NME-wide rate. during the pendency of the with the regulations and the terms of an Through this notice, the Department administrative review. APO is a sanctionable violation. invites the public to comment on the Sometimes an importer identifies its This administrative review and notice proposed refinement to its practice. entry as merchandise from a particular are published in accordance with Effective Date: The Department firm, but the sales underlying the entry sections 751(a)(1) and 777(i)(1) of the proposes that this refinement in practice from the firm are not reported to and/ Act and 19 CFR 351.221. apply to all entries for which the or reviewed by the Department during anniversary for requesting an the administrative review of that firm. Dated: June 2, 2011. administrative review of an AD order is Nevertheless, such entries remain Ronald K. Lorentzen, on or after the date of publication of a suspended during the administrative Deputy Assistant Secretary for Import final notice on this issue. review because they were identified as Administration. DATES: Comments must be submitted to merchandise from a firm under review. Appendix—Issues in Decision Memo the Department by 30 days after During its proceeding, the Department determines the merchandise to which 1. Currency Conversions publication of this notice in the Federal its final results of administrative review 2. Post-Sale Billing Adjustments Register. apply. There may be suspended entries 3. Depreciation Expenses FOR FURTHER INFORMATION CONTACT: Julia 4. Proposed Rules Regarding the Margin Hancock, Special Assistant, China/NME to which the Department’s final review results do not apply. Calculation Methodology in Unit, Office of Antidumping and In the past, in both ME and NME Administrative Reviews Countervailing Operations, Import cases, the Department instructed CBP to 5. Corrections to the Dumping Margin Administration, U.S. Department of assess AD duties on entries not Calculations Commerce, at 202–482–1394. examined and/or not otherwise covered [FR Doc. 2011–14361 Filed 6–9–11; 8:45 am] Background by the final results of review for a firm BILLING CODE 3510–DS–P In AD proceedings, the Department that was subject to the review at the rate establishes a cash-deposit rate for each at which the merchandise entered the company subject to the investigation or United States, i.e., at the cash-deposit DEPARTMENT OF COMMERCE review. In market economy (‘‘ME’’) rate in effect at the time of entry. However, in May 2003, the Department International Trade Administration proceedings, the Department establishes an ‘‘all-others’’ rate that applies to announced a change to its practice. In Non-Market Economy Antidumping exporters that have not been assigned a ME cases with an anniversary month of Proceedings: Assessment of company-specific rate. See section May 2003 or later, the Department began Antidumping Duties 735(c)(1)(B)(i)(II) of the Tariff Act of instructing CBP to assess duties at the 1930, as amended (‘‘the Act’’). In NME rate applicable to a party that did not AGENCY: Import Administration, proceedings, the Department establishes have its own antidumping duty rate, i.e., International Trade Administration, an ‘‘NME-wide’’ rate that applies to the all-others rate, on entries that were Department of Commerce. exporters that do not qualify for and do suspended at the deposit rate of the ACTION: Request for comments. not receive a separate rate.1 producer subject to review but that were In an ME proceeding, importers enter not covered by the final results of SUMMARY: In antidumping duty (‘‘AD’’) subject merchandise into the United review for that firm subject to review. administrative reviews involving non- States at either a company-specific cash- See Antidumping and Countervailing market economy countries (‘‘NME’’), the deposit rate or at the all-others rate in Duty Proceedings: Assessment of Department of Commerce (‘‘the ME proceedings. In an NME proceeding, Antidumping Duties, 68 FR 23954 (May Department’’) currently instructs U.S. importers enter subject merchandise at 6, 2003) (‘‘2003 Antidumping Duties Customs and Border Protection (‘‘CBP’’) Notice’’). In other words, to the extent to liquidate entries from non-reviewed 1 In proceedings involving NME countries, it is that a firm did not report sales to a exporters at the cash-deposit rate the Department’s policy to assign all exporters of particular importer or customer during required at the time the subject subject merchandise in an NME country a single a given review period, the customer or antidumping duty rate, the NME-wide rate, unless merchandise entered into the United an exporter can demonstrate that it is sufficiently importer is not entitled to a rate that the States, consistent with 19 CFR independent of government control so as to be Department previously established for 351.212(c)(i). The Department is aware entitled to a ‘‘separate rate.’’ that firm. The Department stated that its

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34047

prior practice ‘‘often result[ed] in the use separate rate should be the NME-wide The Department welcomes written of an inaccurate rate for duty assessment rate. comments on this proposed refinement * * * where the Department Additionally, as described in the 2003 of its practice. conduct[ed] a review * * * [T]he duty Antidumping Duties Notice, the practice Submission of Comments rate for non-reviewed resellers (which of liquidating entries at an exporter’s do not have their own rate and where cash-deposit rate claimed at the time of As specified above, to be assured of the deposit rate at the time of entry entry where the entries have been consideration, comments must be becomes the final rate of duty) is based suspended pursuant to a request for received no later than 30 days after the on a previous review of the producer’s review of the exporter but are not publication of this notice in the Federal selling experience, not the reseller’s covered by the final results of review for Register. All comments must be selling experience.’’ Id., 68 FR at 23955. the exporter subject to review allows submitted through the Federal Because discussions had not fully intermediaries to benefit from another eRulemaking Portal at http:// explored the Department’s revised firm’s rate. 68 FR 23961. Yet, as the www.regulations.gov, into Docket practice in the NME context, to date, the Court of International Trade stated in Number ITA–2011–0007, unless the Department has not applied the 2003 connection with the 2003 Antidumping commenter does not have access to the Antidumping Duties Notice in NME Duties Notice, ‘‘there is no reason that a Internet. Commenters that do not have cases. Nevertheless, in both ME and reseller or importer should be entitled to access to the Internet may submit the NME proceedings, the Department choose among the rates it prefers when original and two copies of each set of maintains an interest in having entries none is specific to it, and when it may comments by mail or hand delivery/ ’’ liquidated in a manner that is consistent request its own rate. Parkdale Int’l, Ltd. courier. Please address the written v. United States, 491 F. Supp. 2d 1262, with the final results of its comments to the Secretary of 1272 (Ct. Int’l Trade 2007). This same administrative reviews. Id., 68 FR Commerce, Attention: Julia Hancock, logic is applicable to exporters in NME 23958. Along these lines, the Special Assistant, China/NME Unit, proceedings. The Department’s Department has received arguments that Antidumping and Countervailing Duty some imports from NME countries have proposed refinement of its practice is intended to prevent non-reviewed Operations, Room AA118, Import benefitted from an exporter’s Administration, U.S. Department of previously-established cash-deposit rate exporters in NME cases from benefitting from the rates of other exporters. Commerce, Constitution Avenue and but have not been reported to the 14th Street, NW., Washington, DC Department during the relevant For the above reasons, the Department 20230. administrative review of the exporter proposes revising its liquidation and, therefore, should be liquidated at instructions in NME cases to instruct The Department will consider all the NME-wide rate. See, e.g., Glycine CBP to liquidate entries of merchandise comments received before the close of From the People’s Republic of China: from a non-reviewed exporter at the the comment period. The Department Final Results of Antidumping Duty NME-wide rate. The Department will not accept comments accompanied Administrative Review, 74 FR 41121 proposes to apply this refinement to by a request that part or all of the (August 14, 2009) and accompanying merchandise produced in the NME material be treated confidentially Issues and Decision Memorandum at country and exported to the United because of its business proprietary Comment 7 (which did not change in States either directly from the NME nature or for any other reason. All Notice of Amended Final Results of country or from a third-country reseller. comments responding to this notice will Antidumping Duty Administrative Regardless of the location of the non- be a matter of public record and will be Review: Glycine from the People’s reviewed exporter or reseller, when a available for inspection at Import Republic of China, 74 FR 48223 party does not file a separate-rate Administration’s Central Records Unit (September 22, 2009)); First application, the Department lacks (Room 7046 of the Herbert C. Hoover Administrative Review of Certain necessary information on the record to Building) and on the Department’s Web Polyester Staple Fiber From the People’s determine whether it is entitled to a site at http://www.trade.gov/ia/. Republic of China: Final Results of separate rate. By revising the NME Any questions concerning file Antidumping Duty Administrative liquidation instructions in a manner formatting, document conversion, Review, 75 FR 1336 (January 11, 2010) similar to that described in the 2003 and accompanying Issues and Decision Antidumping Duties Notice, the access on the Internet, or other Memorandum at Comment 3. In such Department intends to ensure that electronic filing issues should be situations, because an importer entered entries are liquidated at the appropriate addressed to Andrew Lee Beller, Import merchandise at a particular exporter’s rate, i.e., the NME-wide rate for entries Administration Webmaster, at (202) cash-deposit rate, the assumption at the from firms without a separate rate 482–0866, e-mail address: webmaster- time of entry was that the exporter made assigned to them. [email protected]. the U.S. sale. In certain cases, however, This refinement will increase the Dated: May 25, 2011. that assumption was disproven during need for interested parties (including Ronald K. Lorentzen, the administrative review, as the entries exporters and importers of merchandise Deputy Assistant Secretary for Import did not correspond to the exporter’s produced in NME countries) to Administration. reported U.S. sales, therefore the participate in the Department’s [FR Doc. 2011–14446 Filed 6–9–11; 8:45 am] claimed cash-deposit based on the proceedings. For example, exporters and exporter’s rate was not appropriate. importers of subject merchandise will BILLING CODE 3510–DS–P When the declaration of the exporter’s need to determine whether to request an cash-deposit rate at the time of entry is administrative review and file a inconsistent with the information separate-rate application. Through an reported to the Department, the administrative review, a party can seek liquidation rate applicable to such a separate cash-deposit rate for its entries from firms without their own merchandise.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34048 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

DEPARTMENT OF COMMERCE October 7, 2010, the Department issued Scope of the Order the respondent selection memorandum The scope of this order includes all International Trade Administration in which it selected RZBC Co., Ltd., grades and granulation sizes of citric [A–570–937] RZCB Imp. & Exp. Co., Ltd., and RZBC acid, sodium citrate, and potassium (Juxian) Co., Ltd. (collectively ‘‘RZBC’’) citrate in their unblended forms, Citric Acid and Certain Citrate Salts and Yixing Union Biochemical Co., Ltd. whether dry or in solution, and From the People’s Republic of China: (‘‘Yixing Union’’) as respondents for regardless of packaging type. The scope 3 Preliminary Results of the First individual review. Between October also includes blends of citric acid, Administrative Review of the 12, 2010, and January 24, 2011, the sodium citrate, and potassium citrate; as Antidumping Duty Order; and Partial Department sent the original well as blends with other ingredients, Rescission of Administrative Review antidumping questionnaire and such as sugar, where the unblended supplemental questionnaires to RZBC form(s) of citric acid, sodium citrate, AGENCY: Import Administration, and Yixing Union. RZBC and Yixing International Trade Administration, and potassium citrate constitute 40 Union submitted timely questionnaire percent or more, by weight, of the blend. Department of Commerce. responses between November 10, 2010, SUMMARY: In response to requests from The scope of this order also includes all and March 31, 2011. forms of crude calcium citrate, interested parties, the Department of 4 Commerce (‘‘Department’’) is conducting On November 17, 2010, Petitioners, including dicalcium citrate the first administrative review of the RZBC, and Yixing Union commented on monohydrate, and tricalcium citrate antidumping duty order on citric acid surrogate country selection. On tetrahydrate, which are intermediate and certain citrate salts (‘‘citric acid’’) November 30, 2010, Yixing Union products in the production of citric from the People’s Republic of China submitted rebuttal comments on acid, sodium citrate, and potassium (‘‘PRC’’), covering the period November surrogate country selection. On citrate. The scope of this order does not 20, 2008, through April 30, 2010. The December 8, 2010, Petitioners, RZBC, include calcium citrate that satisfies the Department has preliminarily and Yixing Union submitted surrogate standards set forth in the United States determined that during the period of value comments. On December 20, Pharmacopeia and has been mixed with review (‘‘POR’’) respondents in this 2010, Petitioners submitted rebuttal a functional excipient, such as dextrose proceeding have made sales of subject comments on surrogate country and or starch, where the excipient merchandise at less than normal value surrogate value selections. constitutes at least 2%, by weight, of the (‘‘NV’’). If these preliminary results are On January 25, 2011, the Department product. The scope of this order adopted in our final results of review, published a notice in the Federal includes the hydrous and anhydrous we will instruct U.S. Customs and Register extending the time limit for the forms of citric acid, the dihydrate and Border Protection (‘‘CBP’’) to assess preliminary results of review by 60 days anhydrous forms of sodium citrate, antidumping duties on all appropriate allowed under section 751(a)(3)(A) of otherwise known as citric acid sodium entries of subject merchandise during the Act to April 1, 2011.5 On March 31, salt, and the monohydrate and the POR. Interested parties are invited to 2011, the Department further extended monopotassium forms of potassium comment on these preliminary results. the preliminary results of review by 60 citrate. Sodium citrate also includes We will issue final results no later than additional days to a maximum 120 days both trisodium citrate and monosodium 120 days from the date of publication of allowed under section 751(a)(3)(A) of citrate, which are also known as citric this notice, pursuant to section the Act to May 31, 2011.6 acid trisodium salt and citric acid 751(a)(3)(A) of the Tariff Act of 1930, as Period of Review monosodium salt, respectively. Citric amended (‘‘the Act’’). acid and sodium citrate are classifiable DATES: Effective Date: June 10, 2011. The POR is November 20, 2008, under 2918.14.0000 and 2918.15.1000 of through April 30, 2010. the Harmonized Tariff Schedule of the FOR FURTHER INFORMATION CONTACT: Krisha Hill or Lilit Asvatsatrian, AD/ United States (HTSUS), respectively. names for the non-mandatory respondents were Potassium citrate and crude calcium CVD Operations, Office 4, Import listed as follows: Laiwu Taihe Biochemistry Co., Administration, International Trade citrate are classifiable under Ltd. (‘‘Laiwu Taihe’’); Anhui BBCA Biochemical Co., 2918.15.5000 and 3824.90.9290 of the Administration, U.S. Department of Ltd. and Anhui BBCA International Co., Ltd. Commerce, 14th Street and Constitution (collectively, ‘‘BBCA’’); Anhui Worldbest Bio- HTSUS, respectively. Blends that Avenue, NW., Washington DC 20230; Pharmaceutical Co., Ltd., Shanghai Worldbest include citric acid, sodium citrate, and Group Company, Shanghai Worldbest Co., Ltd., telephone (202) 482–4037 or (202) 482– potassium citrate are classifiable under Shanghai Worldbest Anui, Thai Worldbest 3824.90.9290 of the HTSUS. Although 6412, respectively. Biochemical Co., Ltd., and Worldbest Biochemicals (Thailand) Co., Ltd. (collectively, ‘‘Worldbest’’); and the HTSUS subheadings are provided Background Pioneers Pharmavet S.L. (‘‘Pioneers’’). for convenience and customs purposes, On May 29, 2009, the Department 3 See the Department’s memorandum regarding, the written description of the ‘‘Administrative Review of the Antidumping Duty merchandise is dispositive. published in the Federal Register the Order on Citric Acid and Citrate Salts from the antidumping duty order on citric acid People’s Republic of China: Respondent Selection,’’ Partial Rescission of the Administrative from the PRC.1 On June 30, 2010, the dated October 7, 2010. Review Department initiated an administrative 4 Archer Daniels Midland Company, Cargill, Incorporated and Tate & Lyle Americas LLC Pursuant to 19 CFR 351.213(d)(1), the review of the antidumping duty order (collectively, ‘‘Petitioners’’). 2 Secretary will rescind an administrative on citric acid from the PRC. On 5 See Citric Acid and Certain Citrate Salts from review, in whole or in part, if a party the People’s Republic of China: Notice of Extension 1 See Citric Acid and Certain Citrate Salts from of Time Limit for the Preliminary Results of the that requested the review withdraws the Canada and the People’s Republic of China: Antidumping Duty Administrative Review, 76 FR request within 90 days of the date of Antidumping Duty Orders, 74 FR 25703 (May 29, 4288 (January 25, 2011). publication of the initiation notice of 2009). 6 See Citric Acid and Certain Citrate Salts from the requested review. Further, pursuant 2 See Initiation of Antidumping and the People’s Republic of China: Extension of Time Countervailing Duty Administrative Reviews and Limit for the Preliminary Results of the to 19 CFR 351.213(d)(1), the Department Requests for Revocation in Part, 75 FR 37759 (June Antidumping Duty Administrative Review, 76 FR is permitted to extend this time if it is 30, 2010) (‘‘Initiation’’). In the Initiation, the firm 17835 (March 31, 2011). reasonable to do so.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34049

On September 24, 2010, Nutralliance, a per capita gross national income valuing FOPs are both available and Inc., a U.S. importer of subject (‘‘GNI’’) which is economically reliable. merchandise produced and exported by comparable to that of the PRC, (b) is also The Department has determined that Laiwu Taihe, timely withdrew its a significant producer of citric acid, and it is appropriate to use Indonesia as a request for an administrative review of (c) provides reliable data to value surrogate country, pursuant to section Laiwu Taihe’s exports to the United respondents’ factors of production.8 On 773(c)(4) of the Act, based on the States. On October 15, 2010, Petitioners November 17, 2010, Yixing Union following: (1) It is at a similar level of timely withdrew their review requests identified both Indonesia and India to economic development to the PRC; (2) for BBCA, Worldbest, and Pioneers. be appropriate for selection as the it is a significant producer of Because no other parties requested a primary surrogate country.9 On comparable merchandise, and (3) the review of Laiwu Taihe’s, BBCA’s, November 30, 2010, Yixing Union Department has reliable data from Worldbest’s or Pioneers’ exports to the submitted rebuttal comments regarding Indonesia that it can use to value the United States, the Department hereby Petitioners’ argument that India is FOPs.13 Accordingly, we have rescinds the administrative review of inappropriate for surrogate country calculated NV using Indonesian prices citric acid with respect to these entities selection.10 In this submission, Yixing when available and appropriate to value 14 in accordance with 19 CFR Union agreed that Indonesia is the most each respondent’s FOPs. In certain 351.213(d)(1). appropriate primary surrogate country, instances where Indonesian SVs were not deemed to be the best available data, Non-Market-Economy Country Status but also argued that India be considered a viable surrogate country in the we have relied on Indian and Thai SVs In every case conducted by the instance that surrogate values from in the alternative. Both India and Department involving the PRC, the PRC Indonesia are not available. Thailand are at a similar level of has been treated as a non-market economic development to the PRC and economy (‘‘NME’’) country.7 In In the instant review, the Department are significant producers of comparable accordance with section 771(18)(C)(i) of has identified India, Indonesia, the merchandise. the Act, any determination that a Philippines, Ukraine, Thailand, and In accordance with 19 CFR country is an NME country shall remain Peru as countries that are at a level of 351.301(c)(3)(ii), for the final results of in effect until revoked by the economic development comparable to an administrative review, interested administering authority. None of the the PRC.11 The Department uses per parties may submit publicly available parties to this proceeding has contested capita GNI as the primary basis for information to value the FOPs within 20 such treatment. Accordingly, the determining economic comparability.12 days after the date of publication of Department has calculated NV in Once the countries that are these preliminary results.15 economically comparable to the PRC accordance with section 773(c) of the Separate Rates Act, which applies to NME countries. have been identified, the Department selects an appropriate surrogate country In proceedings involving NME Surrogate Country by determining whether an countries, the Department has a When the Department conducts an economically comparable country is a rebuttable presumption that all antidumping duty administrative review significant producer of comparable companies within the country are of imports from an NME country, merchandise and whether data for subject to government control and thus section 773(c)(1) of the Act directs the should be assigned a single 16 Department to base NV, in most cases, 8 See RZBC’s submission regarding, ‘‘Citric Acid antidumping duty rate. It is the on the NME producer’s factors of and Certain Citrate Salts from the People’s Republic production (‘‘FOP’’), valued in a of China: Surrogate Country Comments,’’ dated 13 See RZBC’s Surrogate Country Comments, ‘‘ ’’ November 17, 2010 (‘‘RZBC’s Surrogate Country Yixing Union’s Surrogate Country Comments, surrogate market-economy ( ME ) Comments’’) and Petitioner’s submission regarding, Petitioner’s Surrogate Country Comments ; see also country or countries considered ‘‘Antidumping Duty Administrative Review of Citric the Department’s Memorandum regarding appropriate by the Department. In Acid and Certain Citrate Salts from the People’s ‘‘Preliminary Results of the Administrative Review accordance with section 773(c)(4) of the Republic of China: Surrogate Country Selection,’’ of Citric Acid and Certain Citrate Salts from the dated November 17, 2010 (‘‘Petitioner’s Surrogate People’s Republic of China: Surrogate Value Act, the Department will value FOPs Country Comments’’). Memorandum,’’ dated May 31, 2011 (‘‘Surrogate using ‘‘to the extent possible, the prices 9 See Yixing Union’s submission regarding, Value Memorandum’’). or costs of the FOPs in one or more ‘‘Antidumping Duty Administrative Review of Citric 14 See Surrogate Value Memorandum; see also market-economy countries that are: (A) Acid and Certain Citrate Salts from the People’s ‘‘Factor Valuations’’ section, below. At a level of economic development Republic of China—Response of Yixing Union 15 In accordance with 19 CFR 351.301(c)(1), for Biochemical Co., Ltd. to Request for Comments the final results of this administrative review, comparable to that of the NME country, Regarding Surrogate Country Selection,’’ dated interested parties may submit factual information to and (B) significant producers of November 17, 2010 (‘‘Yixing Union’s Surrogate rebut, clarify, or correct factual information comparable merchandise.’’ Country Comments’’). submitted by an interested party less than ten days With respect to the Department’s 10 See Yixing Union’s submission regarding, before, on, or after, the applicable deadline for selection of surrogate country, both ‘‘Citric Acid and Certain Citrate Salts from the submission of such factual information. However, People’s Republic of China (A–570–937)—Surrogate the Department notes that 19 CFR 351.301(c)(1) Petitioners and RZBC submitted Value Rebuttal Letter of Yixing Union Biochemical permits new information only insofar as it rebuts, comments arguing that Indonesia is the Co., Ltd.,’’ dated December 20, 2010. clarifies, or corrects information recently placed on most appropriate surrogate country from 11 See the Department’s Memorandum regarding the record. The Department generally will not which to derive surrogate factor values ‘‘Citric Acid and Certain Citrate Salts from the accept the submission of additional, previously People’s Republic of China: Request for Comments absent-from-the-record, alternative surrogate value for the PRC because Indonesia: (a) Has on Surrogate Country Selection,’’ dated October 12, information pursuant to 19 CFR 351.301(c)(1). See 2010. The Department notes that these six countries Glycine from the People’s Republic of China: Final 7 See, e.g., Preliminary Determination of Sales at are part of a non-exhaustive list of countries that are Results of Antidumping Duty Administrative Less Than Fair Value and Postponement of Final at a level of economic development comparable to Review and Final Rescission, in Part, 72 FR 58809 Determination: Coated Free Sheet Paper from the the PRC. (October 17, 2007), and accompanying Issues and People’s Republic of China, 72 FR 30758, 30760 12 See the Department’s Policy Bulletin No. 04.1, Decision Memorandum at Comment 2. (June 4, 2007), unchanged in Final Determination regarding, ‘‘Non-Market Economy Surrogate Country 16 See, e.g., Certain Coated Paper Suitable for of Sales at Less Than Fair Value: Coated Free Sheet Selection Process,’’ (March 1, 2004) (‘‘Policy Bulletin High-Quality Print Graphics Using Sheet-Fed Paper from the People’s Republic of China, 72 FR 04.1’’), available on the Department’s Web site at Presses From the People’s Republic of China: Notice 60632 (October 25, 2007). http://ia.ita.doc.gov/policy/bull04–1.html. Continued

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34050 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Department’s policy to assign all The evidence provided by RZBC and contracts and other agreements; and (4) exporters of merchandise subject to Yixing Union supports a preliminary each respondent has autonomy from the review in an NME country this single finding of de jure absence of government regarding the selection of rate unless an exporter can demonstrate government control based on the management.22 Additionally, each of that it is sufficiently independent so as following: (1) An absence of restrictive these companies’ questionnaire to be entitled to a separate rate. stipulations associated with the responses indicates that their pricing Exporters can demonstrate this individual exporter’s business and during the POR does not involve independence through the absence of export licenses; (2) there are applicable coordination among exporters. both de jure and de facto government legislative enactments decentralizing The evidence placed on the record of control over export activities. The control of the companies; and (3) there this review by RZBC and Yixing Union Department analyzes each entity are formal measures by the government demonstrates an absence of de jure and exporting the subject merchandise decentralizing control of the de facto government control with under a test arising from the Final companies.20 respect each company’s respective Determination of Sales at Less Than b. Absence of De Facto Control exports of the merchandise under Fair Value: Sparklers from the People’s review, in accordance with the criteria Republic of China, 56 FR 20588 (May 6, Typically the Department considers identified in Sparklers and Silicon 1991) (‘‘Sparklers’’), as further developed four factors in evaluating whether each Carbide. Therefore, we are preliminarily in the Final Determination of Sales at respondent is subject to de facto granting RZBC and Yixing Union a Less Than Fair Value: Silicon Carbide government control of its export separate rate. functions: (1) Whether the export prices from the People’s Republic of China, 59 Fair-Value Comparisons FR 22585 (May 2, 1994) (‘‘Silicon are set by or are subject to the approval Carbide’’). However, if the Department of a government agency; (2) whether the To determine whether RZBC’s and determines that a company is wholly respondent has authority to negotiate Yixing Union’s sales of subject foreign-owned or located in a market and sign contracts and other merchandise were made at less than NV, economy, then a separate-rate analysis agreements; (3) whether the respondent we compared the NV to individual is not necessary to determine whether it has autonomy from the government in export price (‘‘EP’’) transactions in is independent from government making decisions regarding the accordance with section 777A(d)(2) of control. selection of management; and (4) the Act. See ‘‘Export Price’’ and ‘‘Normal In order to demonstrate separate-rate whether the respondent retains the Value’’ sections of this notice, below. proceeds of its export sales and makes status eligibility, the Department independent decisions regarding Export Price normally requires entities, for whom a disposition of profits or financing of In accordance with section 772(a) of review was requested, and who were losses.21 the Act, EP is ‘‘the price at which subject assigned a separate rate in a previous The Department has determined that merchandise is first sold (or agreed to be segment of this proceeding, to submit a an analysis of de facto control is critical sold) before the date of importation by separate-rate certification stating that in determining whether respondents the producer or exporter of the subject they continue to meet the criteria for are, in fact, subject to a degree of merchandise outside of the United obtaining a separate rate.17 For entities government control over export States to an unaffiliated purchaser in the that were not assigned a separate rate in activities that would preclude the United States or to an unaffiliated the previous segment of a proceeding, to Department from assigning separate purchaser for exportation to the United demonstrate eligibility for such, the rates. For RZBC and Yixing Union, we States,’’ as adjusted under section 772(c) Department requires a separate-rate determine that the evidence on the of the Act. For each respondent, we application.18 On August 25 and 31, record supports a preliminary finding of used EP methodology, in accordance 2010, RZBC and Yixing Union, de facto absence of government control with section 772(a) of the Act, for sales respectively, each submitted separate based on record statements and in which the subject merchandise was rate certifications. supporting documentation showing the first sold prior to importation by the a. Absence of De Jure Control following: (1) Each respondent sets its exporter outside the United States own export prices independent of the directly to an unaffiliated purchaser in The Department considers the government and without the approval of following de jure criteria in determining the United States and for sales in which a government authority; (2) each constructed export price was not whether an individual company may be respondent retains the proceeds from its granted a separate rate: (1) An absence otherwise indicated. sales and makes independent decisions We based EP on the price to of restrictive stipulations associated regarding disposition of profits or unaffiliated purchasers in the United with an individual exporter’s business financing of losses; (3) each respondent States. In accordance with section and export licenses; (2) any legislative has the authority to negotiate and sign 772(c)(2)(A) of the Act, where enactments decentralizing control of appropriate, we made deductions from companies; and (3) other formal 20 See Letter from Yixing Union to the the starting price (gross unit price) for measures by the government ‘‘ Department entitled, Citric Acid and Certain foreign inland freight, marine insurance, decentralizing control of companies.19 Citrate Salts from the People’s Republic of China (A–570–937)—Section A Questionnaire Response of domestic and market-economy Yixing Union Biochemical Co., Ltd.,’’ dated brokerage and handling, and of Preliminary Determination of Sales at Less Than November 10, 2010 (‘‘Yixing Union’s Section A international freight. We valued Fair Value and Postponement of Final Response’’); see also Letter from RZBC to the Determination, 75 FR 24892, 24899 (May 6, 2010), Department entitled, ‘‘Citric Acid and Citrate Salt brokerage and handling using a price unchanged in Certain Coated Paper Suitable for from the People’s Republic of China: Section A list of export procedures necessary to High-Quality Print Graphics Using Sheet-Fed Response’’ dated November 12, 2010 (‘‘RZBC’s export a standardized cargo of goods in Presses From the People’s Republic of China: Final Section A Response’’). Indonesia. The price list is compiled Determination of Sales at Less Than Fair Value, 75 21 See Silicon Carbide, 59 FR at 22586–87; see FR 59217 (September 27, 2010). also Notice of Final Determination of Sales at Less based on a survey case study of the 17 See Initiation. Than Fair Value: Furfuryl Alcohol From the 18 Id. People’s Republic of China, 60 FR 22544, 22545 22 See Yixing Union’s Section A Response and 19 See Sparklers, 56 FR at 20589. (May 8, 1995). RZBC’s Section A Response.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34051

procedural requirements for trading a appropriate, we adjusted input prices by In accordance with legislative history, standard shipment of goods by ocean including freight costs to make them the Department continues to apply its transport in India as reported in ‘‘Doing delivered prices. Specifically, we added long-standing practice of disregarding Business 2010: Indonesia’’ published by to import SVs surrogate freight cost SVs if it has a reason to believe or the World Bank.23 using the shorter of the reported suspect the source data may be distance from the domestic supplier to subsidized.29 In this regard, the Normal Value the factory or the distance from the Department has previously found that it We compared NV to individual EP nearest seaport to the factory, where is appropriate to disregard such prices transactions in accordance with section appropriate. This adjustment is in from India, Indonesia, South Korea and 777A(d)(2) of the Act, as appropriate. accordance with the Court of Appeals Thailand because we have determined Section 773(c)(1) of the Act provides for the Federal Circuit’s decision in that these countries maintain broadly that the Department shall determine NV Sigma Corp. v. United States, 117 F.3d available, non-industry specific export using an FOP methodology if: (1) The 1401, 1407–08 (Fed. Cir. 1997). subsidies.30 Based on the existence of merchandise is exported from an NME For the preliminary results, except these subsidy programs that were country; and (2) the information does where noted below, we used data from generally available to all exporters and not permit the calculation of NV using the Indonesian and Thai import producers in these countries at the time home market prices, third country Statistics in the Global Trade Atlas of the POR, the Department finds that it prices, or constructed value under (‘‘GTA’’) and other publicly available is reasonable to infer that all exporters section 773(a) of the Act. When Indian and Indonesian sources in order from India, Indonesia, South Korea and determining NV in an NME context, the to calculate SVs for RZBC’s and Yixing Thailand may have benefitted from Department will base NV on FOPs Union’s FOPs (i.e. direct materials, these subsidies. Therefore, the because the presence of government energy, and packing materials) and Department has not used prices from controls on various aspects of these certain movement expenses. As India, Indonesia, South Korea and economies renders price comparisons Indonesia is the primary surrogate Thailand in calculating the import- and the calculation of production costs country, we used Indonesian data and based SVs. invalid under our normal applied Thai and Indian data where Additionally, we disregarded prices methodologies. Under section 773(c)(3) there were no usable Indonesian data. In from NME countries.31 Finally, imports of the Act, FOPs include but are not selecting the best available information that were labeled as originating from an limited to: (1) Hours of labor required; for valuing FOPs in accordance with ‘‘unspecified’’ country were excluded (2) quantities of raw materials section 773(c)(1) of the Act, the from the average value, because the employed; and (3) representative capital Department’s practice is to select, to the Department could not be certain that costs. The Department used FOPs extent practicable, SVs which are non- they were not from either an NME reported by the respondents for export average values, most country or a country with generally materials, labor, packing and by- contemporaneous with the POR, available export subsidies.32 products. product-specific, and tax-exclusive.26 We valued truck freight expenses The record shows that data in the using a per-unit average rate calculated Factor Valuations Indonesian Import Statistics, as well as from data on the infobanc Web site: In accordance with section 773(c) of those from the other Indonesian, Thai, http://www.infobanc.com/logistics/ the Act, we calculated NV based on and Indian sources, are logtruck.htm. The logistics section of FOPs reported by respondents for the contemporaneous with the POR, this Web site contains inland freight POR. In accordance with 19 CFR product-specific, and tax-exclusive.27 In truck rates between many large Indian 351.408(c)(1), the Department will those instances where we could not cities.33 normally use publicly available obtain publicly available information We valued the surrogate value for information to find an appropriate contemporaneous to the POR with inland water freight using price data for surrogate value (‘‘SV’’) to value FOPs, which to value factors, we adjusted the barge freight reported in a March 19, but when a producer sources an input SVs using, where appropriate, the from a market economy and pays for it Indonesian Wholesale Price Index Sales at Less than Fair Value, 74 FR 36656 (July 24, ‘‘ ’’ 2009) (‘‘Kitchen Racks Final’’). in market economy currency, the ( WPI ) as published in the IMF’s 29 28 Omnibus Trade and Competitiveness Act of Department normally will value the International Financial Statistics. 1988, Conf. Report to Accompany H.R. 3, H.R. Rep. factor using the actual price paid for the No. 576, 100th Cong., 2nd Sess. (1988) at 590. input.24 To calculate NV, we multiplied Mushrooms From the People’s Republic of China, 30 See e.g., Carbazole Violet Pigment 23 from the reported per-unit factor- 66 FR 31204 (June 11, 2001), and accompanying India: Final Results of the Expedited Five-year Issues and Decision Memorandum at Comment 5. (Sunset) Review of the Countervailing Duty Order, consumption rates by publicly available 26 See, e.g., Notice of Preliminary Determination 75 FR 13257 (March 19, 2010) and accompanying SVs (except as discussed below). In of Sales at Less Than Fair Value, Negative Issues and Decision Memorandum at 4–5; Certain selecting SVs, we considered the Preliminary Determination of Critical Cut-to-Length Carbon-Quality Steel Plate from quality, specificity, and Circumstances and Postponement of Final Indonesia: Final Results of Expedited Sunset 25 Determination: Certain Frozen and Canned Review, 70 FR 45692 (August 8, 2005) and contemporaneity of the data. As Warmwater Shrimp From the Socialist Republic of accompanying Issues and Decision Memorandum at Vietnam, 69 FR 42672, 42682 (July 16, 2004), 4; Corrosion-Resistant Carbon Steel Flat Products 23 See Surrogate Value Memorandum. unchanged in Final Determination of Sales at Less from the Republic of Korea: Final Results of 24 See 19 CFR 351.408(c)(1); see also Shakeproof Than Fair Value: Certain Frozen and Canned Countervailing Duty Administrative Review, 74 FR Assembly Components Div of Ill Tool Works v. Warmwater Shrimp from the Socialist Republic of 2512 (January 15, 2009) and accompanying Issues United States, 268 F. 3d 1376, 1382–1383 (Fed. Cir. Vietnam, 69 FR 71005 (December 8, 2004). and Decision Memorandum at 17, 19–20; Final 2001) (affirming the Department’s use of market- 27 See Surrogate Value Memorandum. Affirmative Countervailing Duty Determination: based prices to value certain FOPs). 28 See, e.g., Certain Kitchen Appliance Shelving Certain Hot-Rolled Carbon Steel Flat Products From 25 See, e.g., Fresh Garlic From the People’s and Racks From the People’s Republic of China: Thailand, 66 FR 50410 (October 3, 2001) and Republic of China: Final Results of Antidumping Preliminary Determination of Sales at Less Than accompanying Issues and Decision Memorandum at Duty New Shipper Review, 67 FR 72139 (December Fair Value and Postponement of Final 23. 4, 2002), and accompanying Issues and Decision Determination, 74 FR 9591, 9600 (March 5, 2009) 31 See, e.g., Kitchen Racks Prelim, 74 FR at 9600, Memorandum at Comment 6; and Final Results of (‘‘Kitchen Racks Prelim’’), unchanged in Certain unchanged in Kitchen Racks Final. First New Shipper Review and First Antidumping Kitchen Appliance Shelving and Racks From the 32 See id. Duty Administrative Review: Certain Preserved People’s Republic of China: Final Determination of 33 See Surrogate Value Memorandum.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34052 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

2007 article published in The Hindu Egypt, Indonesia, Jordan, Peru, this notice in accordance with 19 CFR Business Line. The data is based on Philippines, Thailand, and Ukraine. For 351.224(b). Interested parties may average inland transport costs and port further information on the calculation of submit written comments no later than handling charges. We inflated the the wage rate, see Surrogate Value 30 days after the date of publication of inland water transportation rate by Memorandum. these preliminary results of review.35 using the appropriate Indian WPI We were unable to segregate and, Rebuttals to written comments may be inflator. therefore, were unable to exclude energy filed no later than five days after the On May 14, 2010, the Federal Circuit costs from the calculation of the written comments are filed.36 Further, in Dorbest Ltd. v. United States, 604 surrogate financial ratios. Accordingly, parties submitting written comments F.3d 1363, 1372 (Fed. Cir. 2010), found for the preliminary results, we have and rebuttal comments are requested to that the regression-based method for disregarded the respondents’ energy provide the Department with an calculating wage rates, as stipulated by inputs (electricity and steam for both additional copy of those comments on a 19 CFR 351.408(c)(3), uses data not RZBC and Yixing Union) in the CD. permitted by the statutory requirements calculation of normal value for purposes Any interested party may request a laid out in section 773 of the Act (i.e., of the final determination, in order to hearing within 30 days of publication of 19 U.S.C. 1677b(c)). The Department is avoid double-counting energy costs that this notice.37 Hearing requests should continuing to evaluate options for have necessarily been captured in the contain the following information: (1) determining labor values in light of the surrogate financial ratios.34 The party’s name, address, and recent CAFC decision. However, for To value factory overhead, selling, telephone number; (2) the number of these preliminary results, we have general, and administrative expenses, participants; and (3) a list of the issues calculated an hourly wage rate to use in and profit, we used audited financial to be discussed. Oral presentations will valuing respondents’ reported labor statements for the year ending December be limited to issues raised in the briefs. input by averaging industry-specific 2009 of PT Budi Acid Jaya TBK, a If a request for a hearing is made, parties earnings and/or wages in countries that producer of comparable merchandise will be notified of the time and date for are economically comparable to the PRC from Indonesia. The Department may the hearing to be held at the U.S. and that are significant producers of consider other publicly available Department of Commerce, 14th Street comparable merchandise. financial statements for the final results, and Constitution Avenue, NW., For the preliminary results of this as appropriate. Washington, DC 20230.38 administrative review, the Department RZBC and Yixing Union reported that The Department will issue the final is valuing labor using a simple-average, they have recovered by-products in their results of this administrative review, industry-specific wage rate using production of subject merchandise and which will include the results of its earnings or wage data reported under successfully demonstrated that all of analysis of issues raised in any such Chapter 5B by the International Labor them have commercial value; therefore, comments, within 120 days of Organization (‘‘ILO’’). To achieve an we have granted a by-product offset for publication of these preliminary results, industry-specific labor value, we relied the quantities of each respondent’s pursuant to section 751(a)(3)(A) of the on industry-specific labor data from the reported by-products, valued using Act. countries we determined to be both Indonesian GTA data. economically comparable to the PRC Assessment Rates and significant producers of comparable Currency Conversion The Department will determine, and merchandise. A full description of the Where appropriate, we made currency CBP shall assess, antidumping duties on industry-specific wage rate calculation conversions into U.S. dollars, in all appropriate entries of subject methodology is provided in the accordance with section 773A(a) of the merchandise in accordance with the Surrogate Value Memorandum. The Act, based on the exchange rates in final results of this review. For Laiwu Department calculated a simple average effect on the dates of the U.S. sales as Taihe and BBCA, which had previously industry-specific wage rate of $2.01 for certified by the Federal Reserve Bank. established eligibility for a separate rate, these preliminary results. Specifically, Preliminary Results of Review antidumping duties shall be assessed at for this review, the Department has rates equal to the cash deposit of calculated the wage rate using a simple The weighted-average dumping estimated antidumping duties required average of the data provided to the ILO margins for the individually reviewed at the time of entry, or withdrawal from under Sub-Classification 24 of the ISIC– exporters are as follows: warehouse, for consumption, in Revision 3 standard by countries accordance with 19 CFR 351.212(c)(2). determined to be both economically Exporter Margin The Department intends to issue comparable to the PRC and significant RZBC Co., Ltd./RZBC Imp. & 0.36 (de mini- assessment instructions to CBP 15 days producers of comparable merchandise. after the publication date of the final The Department finds the two-digit Exp. Co., Ltd./RZBC mis). (Juxian) Co., Ltd. results of this review. For assessment description under ISIC–Revision 3 Yixing Union Biochemical 66.75. purposes, we calculated exporter/ (‘‘Manufacture of Chemicals and Co., Ltd. importer-specific assessment rates for Chemical Products’’) to be the best merchandise subject to this review.39 available wage rate surrogate value on Disclosure and Public Comment Where appropriate, we calculated an ad the record because it is specific and The Department will disclose valorem rate for each importer (or derived from industries that produce customer) by dividing the total dumping merchandise comparable to the subject calculations performed for these preliminary results to the parties within margins for reviewed sales to that party merchandise. Consequently, we by the total entered values associated averaged the ILO industry-specific wage five days of the date of publication of rate data or earnings data available from 35 See 19 CFR 351.309(c). 34 See Citric Acid and Certain Citrate Salts from the following countries found to be 36 the People’s Republic of China: Final Affirmative See 19 CFR 351.309(d). economically comparable to the PRC Determination of Sales at Less Than Fair Value, 74 37 See 19 CFR 351.310(c). and which are significant producers of FR 16838 (April 13, 2009) and accompanying Issues 38 See 19 CFR 351.310(d). comparable merchandise: Ecuador, and Decision Memorandum, at Comment 2. 39 See 19 CFR 351.212(b)(1).

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34053

with those transactions. For duty- requirements, when imposed, shall 13705, Silver Spring, MD 20910; phone assessment rates calculated on this remain in effect until further notice. (301) 713–2289; fax (301) 713–0376; and basis, we will direct CBP to assess the Southeast Region, NMFS, 263 13th Notification of Interested Parties resulting ad valorem rate against the Avenue South, Saint Petersburg, Florida entered customs values for the subject This notice also serves as a 33701; phone (727) 824–5312; fax (727) merchandise. Where appropriate, we preliminary reminder to importers of 824–5309. calculated a per-unit rate for each their responsibility under 19 CFR Written comments on this application importer (or customer) by dividing the 351.402(f) to file a certificate regarding should be submitted to the Chief, total dumping margins for reviewed the reimbursement of antidumping Permits, Conservation and Education sales to that party by the total sales duties prior to liquidation of the Division, at the address listed above. quantity associated with those relevant entries during this review Comments may also be submitted by transactions. For duty-assessment rates period. Failure to comply with this facsimile to (301) 713–0376, or by e- calculated on this basis, we will direct requirement could result in the mail to [email protected]. CBP to assess the resulting per-unit rate Secretary’s presumption that Please include the File No. in the against the entered quantity of the reimbursement of antidumping duties subject line of the e-mail comment. subject merchandise. Where an importer occurred and the subsequent assessment Those individuals requesting a public (or customer)-specific assessment rate is of double antidumping duties. hearing should submit a written request de minimis (i.e., less than 0.50 percent), This administrative review and this to the Chief, Permits, Conservation and the Department will instruct CBP to notice are in accordance with sections Education Division at the address listed assess that importer’s (or customer’s) 751(a)(1) and (3) and 777(i) of the Act, above. The request should set forth the entries of subject merchandise without and 19 CFR 351.213 and 351.221(b)(4). specific reasons why a hearing on this regard to antidumping duties. We Dated: May 31, 201. application would be appropriate. intend to instruct CBP to liquidate Ronald K. Lorentzen, FOR FURTHER INFORMATION CONTACT: entries containing subject merchandise Joselyd Garcia-Reyes or Kristy Beard, 40 Deputy Assistant Secretary for Import exported by the PRC-wide entity at Administration. (301) 713–2289. the PRC-wide rate we determine in the [FR Doc. 2011–14363 Filed 6–9–11; 8:45 am] SUPPLEMENTARY INFORMATION: The final results of this review. Where the BILLING CODE 3510–DS–P subject permit is requested under the weighted average ad valorem rate is zero authority of the Marine Mammal or de minimis, we will instruct CBP to Protection Act of 1972, as amended liquidate appropriate entries without DEPARTMENT OF COMMERCE (MMPA; 16 U.S.C. 1361 et seq.), and the regard to antidumping duties. See 19 regulations governing the taking and CFR 351.106(c)(2). National Oceanic and Atmospheric importing of marine mammals (50 CFR Cash-Deposit Requirements Administration part 216). The following cash-deposit [RIN 0648–XA488] The applicant requests a five-year requirements will be effective upon permit to conduct photo-identification publication of the final results of this Marine Mammals; File No. 16314 surveys and biopsy sampling. Research would occur in Whitewater Bay, Shark administrative review for all shipments AGENCY: National Marine Fisheries of the subject merchandise from the PRC River, Ponce de Leon Bay and Florida Service (NMFS), National Oceanic and Bay, which are found in Everglades entered, or withdrawn from warehouse, Atmospheric Administration (NOAA), for consumption on or after the National Park (ENP). Up to 3,020 Commerce. bottlenose dolphins could be taken by publication date, as provided by section ACTION: Notice; receipt of application. 751(a)(2)(C) of the Act: (1) For RZBC level B harassment each year during photo-identification surveys. and Yixing Union the cash deposit rate SUMMARY: Notice is hereby given that Additionally, up to 38 bottlenose will be their respective rates established Jennifer Lewis, Ph.D., Tropical Dolphin dolphins from each location could be in the final results of this review, except Research Foundation, Pembroke Pines, taken by level A harassment annually, if the rate is zero or de minimis no cash FL 33024 has applied in due form for a to acquire 30 successful biopsy samples deposit will be required; (2) for permit to conduct research on from each location over the life of the previously investigated or reviewed bottlenose dolphins (Tursiops permit. Research would stop when the PRC, and non-PRC exporters not listed truncatus). above that have separate rates, the cash desired number of samples has been DATES: Written, telefaxed, or e-mail deposit rate will continue to be the obtained. The purposes of the proposed comments must be received on or before research are to: (1) Examine exporter-specific rate published for the July 11, 2011. most recent period; (3) for all PRC spatiotemporal variation in trophic exporters of subject merchandise which ADDRESSES: The application and related interactions (diets) of the dolphins, (2) have not been found to be entitled to a documents are available for review by elucidate patterns of transmission of a separate rate, including Pioneers and selecting ‘‘Records Open for Public unique foraging behavior, mud ring Worldbest, the cash deposit rate will be Comment’’ from the Features box on the feeding, and (3) compare trophic the PRC-wide rate of 156.87 percent; Applications and Permits for Protected interactions and genetics of dolphins in and (4) for all non-PRC exporters of Species (APPS) home page, https:// ENP with existing samples from the subject merchandise which have not apps.nmfs.noaa.gov, and then selecting Lower Florida Keys. received their own rate, the cash deposit File No. 16314 from the list of available In compliance with the National rate will be the rate applicable to the applications. Environmental Policy Act of 1969 (42 PRC exporters that supplied those non- These documents are also available U.S.C. 4321 et seq.), an initial PRC exporters. These deposit upon written request or by appointment determination has been made that the in the following offices: activity proposed is categorically 40 PRC-wide entity includes Pioneers and Permits, Conservation and Education excluded from the requirement to Worldbest, which did not previously establish Division, Office of Protected Resources, prepare an environmental assessment or eligibility for a separate rate. NMFS, 1315 East-West Highway, Room environmental impact statement.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34054 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Concurrent with the publication of Angliss, Alaska Fisheries Science changes were incorporated in the this notice in the Federal Register, Center, 206–526–4032, reports but were not included in the NMFS is forwarding copies of the [email protected]; Gordon summary of comments and responses application to the Marine Mammal Waring, Northeast Fisheries Science below. Other comments recommended Commission and its Committee of Center, 508–495–2311, initiation or repetition of large data Scientific Advisors. [email protected]; or Jim collection efforts, such as abundance Dated: June 7, 2011. Carretta, Southwest Fisheries Science surveys, observer programs, or other Center, 858–546–7171, mortality estimates. Comments on P. Michael Payne, [email protected]. actions not related to the SARs (e.g., Chief, Permits, Conservation and Education listing a marine mammal species under Division, Office of Protected Resources, SUPPLEMENTARY INFORMATION: National Marine Fisheries Service. the Endangered Species Act (ESA)) are Background not included below. Many comments, [FR Doc. 2011–14452 Filed 6–9–11; 8:45 am] Section 117 of the MMPA (16 U.S.C. including those from the Commission, BILLING CODE 3510–22–P 1361 et seq.) requires NMFS and the recommending additional data U.S. Fish and Wildlife Service (FWS) to collection (e.g., additional abundance DEPARTMENT OF COMMERCE prepare SARs for each stock of marine surveys or observer programs) have been mammals occurring in waters under the addressed in previous years. Although National Oceanic and Atmospheric jurisdiction of the United States. These NMFS agrees that additional Administration reports contain information regarding information would improve the SARs the distribution and abundance of the and better inform conservation RIN 0648–XW72 stock, population growth rates and decisions, resources for surveys, trends, the stock’s Potential Biological observer programs, or other mortality Marine Mammal Stock Assessment estimates are fully utilized, and no new Reports Removal (PBR) level, estimates of annual human-caused mortality and large surveys or other programs may be AGENCY: National Marine Fisheries serious injury from all sources, initiated until additional resources are Service (NMFS), National Oceanic and descriptions of the fisheries with which available or until ongoing monitoring or Atmospheric Administration (NOAA), the stock interacts, and the status of the conservation efforts can be terminated Commerce. stock. Initial reports were completed in so that the resources supporting them ACTION: Notice of availability; response 1995. can be redirected. Such comments on to comments. The MMPA requires NMFS and FWS the 2010 SARs, and responses to them, to review the SARs at least annually for may not be included in the summary SUMMARY: As required by the Marine strategic stocks and stocks for which below because the responses have not Mammal Protection Act (MMPA), NMFS significant new information is available, changed. has incorporated public comments into and at least once every 3 years for non- In some cases, NMFS’ responses state revisions of marine mammal stock strategic stocks. NMFS and FWS are that comments would be considered for, assessment reports (SARs). The 2010 required to revise a SAR if the status of or incorporated into, future revisions of reports are final and available to the the stock has changed or can be more the SAR rather than being incorporated public. accurately determined. NMFS, in into the final 2010 SARs. The delay is conjunction with the Alaska, Atlantic, due to the schedule of the review of the ADDRESSES: Electronic copies of SARs reports by the regional SRGs. NMFS are available on the Internet as regional and Pacific Scientific Review Groups (SRGs), reviewed the status of marine provides preliminary copies of updated compilations and individual reports at mammal stocks as required and revised SARs to SRGs prior to release for public the following address: http:// reports in each of the three regions. review and comment. If a comment on www.nmfs.noaa.gov/pr/sars/. You also As required by the MMPA, NMFS the draft SAR suggests a substantive may send requests for copies of reports updated SARs for 2010, and the revised change to the SAR, NMFS may discuss to: Chief, Marine Mammal and Sea reports were made available for public the comment and prospective change Turtle Conservation Division, Office of review and comment (75 FR 46912, with the SRG at its next meeting. Protected Resources, National Marine August 4, 2010). The MMPA also Comments on National Issues Fisheries Service, 1315 East-West specifies that the comment period on Highway, Silver Spring, MD 20910– draft SARs must be 90 days. NMFS Comment 1: The Commission 3226, Attn: Stock Assessments. received comments on the draft SARs recommended that NMFS review its Copies of the Alaska Regional SARs and has revised the reports as necessary. observer program nationwide, set may be requested from Robyn Angliss, The final reports for 2010 are available standards for observer coverage, and Alaska Fisheries Science Center, 7600 (see ADDRESSES). prepare plans to collect the information Sand Point Way, BIN 15700, Seattle, necessary to adequately estimate WA 98115. Comments and Responses incidental mortality in fisheries that Copies of the Atlantic Regional SARs NMFS received letters containing take or may take marine mammals. may be requested from Gordon Waring, comments on the draft 2010 SARs from NMFS should also work with Federal Northeast Fisheries Science Center, 166 the Marine Mammal Commission and state agencies and the fishing Water Street, Woods Hole, MA 02543. (Commission), five non-governmental industry to develop a funding strategy Copies of the Pacific Regional SARs organizations (National Resources for supporting adequate observer may be requested from Jim Carretta, Defense Council, Humane Society of the coverage to estimate incidental Southwest Fisheries Science Center, United States, Cascadia Research mortality and serious injury of marine NMFS, 8604 La Jolla Shores Drive, La Collective, California Gray Whale mammals and other protected species. Jolla, CA 92037–1508. Coalition, and Hawaii Longline Response: NMFS has conducted FOR FURTHER INFORMATION CONTACT: Association), and one individual. Most multiple comprehensive, nationwide Shannon Bettridge, Office of Protected letters contained multiple comments. reviews of its observer programs Resources, 301–713–2322, ext. 141, Unless otherwise noted, comments beginning with the 2004 Evaluating [email protected]; Robyn suggesting editorial or minor clarifying Bycatch Report, which developed a

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34055

national approach to standardize Response: NMFS, through the Office these four species, and it is apparent bycatch reporting methodologies and of International Affairs, is preparing a that more information is needed in monitoring programs and included comprehensive international action plan order to assess any potential threats or specific recommendations for attaining for marine mammal conservation. As the impact to the species. NMFS reliable bycatch estimates for protected this plan is being developed, NMFS is continues to request appropriations for species and identified gaps in existing also evaluating strategies to obtain ice seals to the extent consistent with coverage. NMFS will soon publish the information on the marine mammal other priorities of the Administration for first National Bycatch Report, which conservation programs in other nations the national budget. NMFS also partners estimates commercial fisheries bycatch pursuant to MMPA section 101(a)(2). with other agencies to support research for U.S. living marine resources. The Comment 3: The Commission and monitoring of ice seals to the extent report also identifies gaps in existing recommended that NMFS develop and such activities are consistent with the observer coverage with specific implement a systematic approach for priorities of these agencies. recommendations for additional integrating all human-related risk Comment 6: The Commission resources required to improve bycatch factors into SARs. recommended that NMFS ensure data collection and estimation methods, Response: MMPA section 117(3) funding for research on the eastern stock which will form the basis of a funding contains directions for including risk of North Pacific right whales is strategy to support adequate observer factors in SARs. The MMPA states SARs incorporated into the Administration’s programs for all living marine resources. should estimate annual human-caused fiscal year 2012 budget, whether that NMFS has taken several steps to mortality of each stock, by source, and, funding is provided to the Service or to address shortcomings in protected for strategic stocks, other factors that the Bureau of Ocean Energy species observer coverage, including may be causing a decline or impeding Management, Regulation, and observer coverage in the Gulf of Mexico recovery of the stock, including effects Enforcement. reef fish fishery and a doubling of on marine mammal habitat and prey. Response: NMFS recognizes the observed sea days in the American Comments on Alaska Regional Reports importance of seeking the necessary Samoa longline fishery in FY2010. In funding in order to continue to monitor 2011, NMFS implemented observer Comment 4: The Commission reiterated its earlier recommendation to the population status of eastern stock of coverage in the menhaden purse seine North Pacific right whales and will fishery in the Gulf of Mexico to collect update harbor seal stock structure in Alaska by recognizing 12 stocks of continue to seek resources to study this catch data and record bycatch of sea critically endangered population. turtles and marine mammals that harbor seals. Comment 7: The Commission interact with the fishery. NMFS is Response: As noted in previous recommended that NMFS provide preparing to observe the Southeast responses to comments (see 72 FR updated estimates of serious injury and Alaska drift gillnet fishery, beginning in 12774, March 15, 2007, comment 16; 73 mortality for the 11 stocks of marine 2012. FR 21111, April 18, 2008, comment 23; NMFS continues to work 74 FR 19530, April 29, 2009, comment mammals identified in the 2009 reports collaboratively with state, federal, and 21; and 75 FR 12498, March 16, 2010, but not updated in the 2010 drafts, or industry partners to implement observer comment 12), NMFS continues its at least explain why that information is programs and develop alternative commitment to work with its co- not available. funding options. Currently three managers in the Alaska Native Response: Serious injury and observer programs receive industry community to evaluate and revise stock mortality data from the observer funding. Recently, the North Pacific structure of harbor seals in Alaska. On program for 2007 and 2008 are Fishery Management Council approved March 16, 2010, NMFS and the Alaska considered preliminary. Stocks lacking provisions to restructure the Gulf of Native Harbor Seal Commission held updated serious injury and mortality Alaska and Bering Sea/Aleutian Islands their annual co-management meeting data for 2007 and 2008 were either not groundfish fisheries observer program, during which they agreed to proceed scheduled for updates in 2010 or had no including a 1.25% ex-vessel landings with a revised set of population takes reported during those years. fee to pay for observer coverage. NMFS boundaries for harbor seals in Alaska. NMFS intends to update the estimates continues to address gaps in coverage All representatives of the co- of serious injury and mortality in the and works to improve the estimates of management committee agreed that a draft 2011 SARS when the serious protected species bycatch by increasing population structure of twelve stocks injury and mortality data are finalized observer coverage as funds become would be incorporated into the next for the relevant stocks. available. cycle of SARs. NMFS is currently in the Comment 8: The SAR for the Eastern A description of the marine mammal process of drafting the 2011 SARs, U.S. stock of Steller sea lions should be programs criteria for observer coverage which will include separate evaluations changed to reflect updated taxonomy. (expressed in terms of bias and of 12 harbor seal stocks for Alaska. The Society for Marine Mammalogy precision of mortality estimates) is Comment 5: The Commission recognizes the species Eumetopias available in a NOAA Technical recommended that NMFS continue to jubatus (Schreber, 1776) for the Steller Memorandum describing the resources seek the additional support needed to sea lion, or northern sea lion, consisting needed to better understand the status develop and implement an ice seal of two subspecies, E. j. jubatus of protected species. This report is research and management strategy that (Schreber, 1776) [the Western Steller sea available on the Internet at the following is commensurate with the threats that lion] and E. j. monteriensis (Gray, 1859) address: http://www.nmfs.noaa.gov/pr/ these species face. [Loughlin’s northern sea lion]. pdfs/sars/improvement_plan.pdf. Response: NMFS agrees that it is Response: The agency is currently Comment 2: The Commission necessary to increase the understanding conducting a status review of Steller sea recommended that NMFS develop a of the distribution and movements, lions and upon completion of the strategy for collaboration with other demographic parameters, natural review will revisit the possible nations to improve assessment and history, and ecology of ringed, bearded, designation of subspecies within this conservation of transboundary stocks of ribbon, and spotted seals in Alaska. taxon, together with existing supporting marine mammals. NMFS has completed status reviews of scientific evidence.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34056 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Comment 9: NMFS is applauded for the stock assessments and the region Fisheries Science Center) at the 2010 the inclusion of a stock assessment for should reconsider this decision. Alaska SRG meeting regarding narwhals. Given the large number of Because of the imprecision of these addressing poorly observed fisheries unknowns in the stock assessment, estimates, this information should be provided some suggestions from the NMFS should prioritize research to fill provided so that reviewers can gauge Atlantic SRG. Observer coverage for data gaps. the possible range of impacts. southeast Alaska fisheries is being Response: NMFS recognizes there are Response: As noted in a previous addressed with a traditional observer a large number of unknowns in Alaska response (75 FR 12498, March 16, 2010, program. stock assessments and will continue to comment 19) NMFS has reported upper Comment 15: HSUS points out that strive to collect data to fill research gaps and lower confidence limits for several stocks in Alaska have PBRs for narwhals and other marine mammals subsistence harvests of some stocks in calculated yet appear to be far below of Alaska. the past but does not include them their original numbers and declining in Comment 10: The Humane Society of presently (e.g., beluga whales, Eastern major portions of the range. HSUS the U.S. (HSUS) appreciated addition of Bering Sea stock). The SARs for these highlights the approach taken by the concerns about anthropogenic noise in stocks note that variance estimates (or Pacific region with regard to Hawaiian the SARs for beaked whales. other measures of uncertainty) are not monk seals in which the Pacific region Response: NMFS acknowledges and available. Without such measures, states the stock’s dynamics do not thanks you for this comment. confidence limits cannot be calculated; conform to the underlying model for Comment 11: NMFS needs to devote therefore, none are included. For some calculating PBR such that PBR for the resources to obtaining reliable estimates stocks, the mortality estimates are noted Hawaiian monk seal is undetermined. of subsistence hunting of pinnipeds. A to be underestimates because This seems a more appropriate and number of SARs for various ice seals information is available from only a prudent approach, and HSUS believes (e.g. bearded seals) still state that portion of the range of the stock. NMFS that the Alaska region should consider harvest estimates are from the 1980s and is aware of the potential consequences it. include estimates of thousands of seals of underestimates, but funding levels Response: This issue was discussed at being killed. It is vital that there be a limit the ability to initiate large new the Guidelines for Assessing Marine concerted effort to quantify subsistence data collection programs until Mammal Stocks III workshop in takes and report them in a timely additional funds are obtained or until February 2011, and NMFS will follow manner such that their conservation efforts directed toward other stocks are guidelines developed at this meeting status can be reliably tracked. no longer necessary, which would allow once they are released. Until then, Response: NMFS recognizes the need resources to be re-directed. NMFS will continue to calculate PBR for obtaining reliable estimates of Comment 14: HSUS commented that for Alaska stocks for which we have subsistence takes of all pinniped species many fisheries with either a history of reliable abundance estimates that are in Alaska, including ice dependent seal interactions or a high likelihood of less than 8 years old, as per the 2005 species. NMFS responded to this interactions remain unobserved or Guidelines for Assessing Marine comment in the notice of availability of inadequately observed. The region Mammal Stocks. the final SARs for 2006 (72 FR 12774, should prioritize funding for fishery Comment 16: While the counts of March 15, 2007, comment 18) and for observers for the many fisheries (largely western Steller sea lions reported in the 2007 (73 FR 21111, April 18, 2008, gillnet fisheries) that may be interacting text document overall increases (e.g., comment 12). NMFS has insufficient with species of concern (e.g., belugas, the pup count reported for the Bering resources to obtain up-to-date estimates Pacific white sided dolphins, harbor Sea/Aleutian Islands went up from the of subsistence hunting of pinnipeds and porpoise). Information on marine previous estimate of 5,456 to 5,664) and will retain old information, with mammal interactions with trawl notes only a possible decline in the appropriate dates and caveats if fisheries (including the Bering Sea/ western Bering Sea and off Russia, necessary, to document the extent of Aleutian Islands) has not been updated figure 2 and table 1 both indicate that, knowledge on past harvest. In the since 2006. This delay does not occur in in the Aleutians, the stock may still be meantime, NMFS is exploring options other regions and is not acceptable. declining. The text in the section on for better quantifying the annual harvest HSUS added that there is a note in the population trends of this stock also of pinnipeds, particularly ice seal previous SAR for humpbacks in the reflects a decline in the central and species. Western North Pacific stock that data on western Aleutians. It would be clearer to Comment 12: Many of the ice seal fisheries interactions will be available provide some of this information on the stocks do not have abundance estimates for inclusion in the 2010 SAR, yet it is decline in the Aleutians in the section or PBRs calculated. There needs to be not. Instead, this statement was crossed on population size. greater precision in mortality out and the information remains Response: NMFS disagrees. estimation, and there is an urgent need outdated. The region needs to update Information on the decline of for population abundance estimates. information and report in a timelier populations in the central and western Response: NMFS recognizes the need manner as do other regions. Aleutian Islands (¥30% and ¥16%, for obtaining reliable abundance Response: The NMFS Alaska Region respectively) is presented in the Current estimates from which PBR levels can be has been implementing an observer Population Trend section, which is the derived, and continues to strive to program for various state fisheries as appropriate section for this information. acquire funding to support abundance resources allow. As noted in the SARs, Comment 17: The draft SAR notes estimate surveys and accurate mortality federal fisheries observer data from 2007 that there were two cases of illegal estimates. and 2008 are preliminary; estimates of shooting of Steller sea lions documented Comment 13: Prior ice seal stock percent observer coverage and in southeast Alaska between 1995 and assessments have provided point coefficients of variation (CVs) are not 1999 with no records of illegal shooting estimates for native subsistence kills but currently available for some preliminary in the enforcement records for 1999– have also provided upper and lower data. A consultation between the Alaska 2003. Between 2004 and 2008, NMFS estimates based on the bounds of SRG and the Atlantic SRG (with accounted for 1 animal from this DPS confidence. This is no longer done in assistance from the NMFS Northeast found with gunshot wound(s) in 2004

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34057

and 3 in 2005. No animals from seals is scheduled to go through the 5- a decline or impeding recovery, and southeast Alaska were counted in the year review process and is expected to NMFS will continue to update this NMFS data base due to NMFS concerns be updated by late 2012 or early 2013. section as appropriate. that some of them might have been Comment 21: In the draft 2010 SAR, Comment 23: The population animals struck and lost by Alaskan the data on observer coverage and abundance estimates for Alaska harbor native hunters. As such, illegal shooting estimated mortality for most commercial porpoise stocks are outdated. There is a in Alaska is unaccounted. fisheries in 2007 and 2008 (3 and 2 note in the SAR for the Southeast Response: Animals found with years ago respectively) remain Alaska stock that an abundance estimate evidence of gunshot wounds, without unavailable. Mortality estimates should was expected this year (2010) but that conclusive results of the source of these be updated in a timely manner as they has been edited to extend the estimated wounds, are not reported as illegal takes are in other regions. time of revision to next year (2011). since there is the probability that these Response: NMFS recognizes that it is Response: NMFS will report an takes were already accounted for as important to routinely provide updated updated abundance estimate and struck and loss in the subsistence mortality estimates in the SARs. calculate a PBR level for harbor harvest. Illegal shootings, as determined However, due to changes in staffing and porpoises in Southeast Alaska after by enforcement investigations, are database structure, it has taken longer recent survey data are analyzed and reported separately if there is conclusive than anticipated to develop new published, which should occur in time information indicating that the shooting mortality estimates incidental to the for the draft 2011 SARs. was illegal. federally-regulated commercial fisheries Comment 24: HSUS expressed Comment 18: Deaths affecting the in Alaska. New preliminary estimates concern that observer coverage is eastern Steller sea lion stock have for 2007–2009 will be made available in lacking for many gillnet fisheries in the occurred in addition to those reported the 2011 draft SARs. range of the various harbor porpoise by NMFS in the 2010 draft SAR. They Comment 22: The Cook Inlet beluga stocks when gillnets are a major source include one Steller sea lion that was stock continues to decline despite of mortality for porpoises in most areas found shot on Orcas Island in the San cessation of directed hunting. The throughout the world. The region needs Juan Islands in 2006, and two that died section on Habitat Concerns glosses over to provide better observer coverage in 2008 in traps set in the Columbia the multiplicity of projects recently either aboard fishing vessels or from River as part of a state lethal taking approved or proposed for areas within alternative platforms. program aimed at California sea lions. In or adjacent to those proposed for Response: NMFS recognizes the need 2010 one or more shooters killed 10 sea designation as Critical Habitat. for additional resources to support lions in Washington State, with at least Subsequent to the announcement of observer programs for those fisheries one Steller sea lion. proposed critical habitat, NMFS with little or no observer coverage, Response: NMFS appreciates the received comments providing greater including gillnet fisheries in Alaska (see information on these occurrences. The specificity on some of these projects that response to comment 5, 73 FR 21111, Alaska Fisheries Science Center will include (but are not limited to) April 18, 2008, and comment 10, 74 FR work closely with the Northwest proposed new offshore drill platforms 19530, April 29, 2009). In 2011, NMFS Regional Office to determine whether and construction and maintenance of and the Alaska Regional Office will be these takes have already been accounted pipelines; construction of coal initiating an observer program for gillnet for and will be sure to incorporate any liquefication and gasification facilities; a fisheries in southeast Alaska that additional human-related serious proposed Pebble Project that would ship overlap with areas of harbor porpoise injuries or mortalities as appropriate. concentrates; shipping of coal; Alaska distribution. Comment 19: HSUS expressed Railroad Intertie and associated ship Comment 25: Takes of porpoise in concern that the 2008 population traffic as well as utility upgrades for all native subsistence nets in the Bering Sea estimate of northern fur seals declined bordering communities. in particular appears poorly from the estimates from 2002 and 2007 Response: As noted in previous documented. and that the decline in pups at St. Paul responses to comments (75 FR 12498, Response: NMFS collects information is a major factor in this continued March 16, 2010, comments 1 and 6), on harbor porpoise mortalities occurring decline. Considering the ongoing section 117 of the MMPA lists incidental to subsistence fishing when decline, and the particularly significant information that should be included in they are reported. impacts on pup production/survival, the SARs. A major strength of the SARs is Comment 26: No revisions have been region should consider a lower recovery that they are concise summaries of the made to the stock definition and factor than the default of 0.5. status of each stock, focusing primarily geographic range section for the eastern Response: This issue was discussed at on the effects of direct human-caused North Pacific gray whale stock, despite the Guidelines for Assessing Marine mortality and serious injury on marine the availability of recent information Mammal Stocks III workshop in mammals and impacts to habitat when that would otherwise require them. The February 2011, and NMFS will follow such impacts may result in the decline narrative continues to state the eastern guidelines developed at this meeting or failure of recovery of the affected North Pacific population is not an once they are released. Until then, stocks. The MMPA notes that SARs for isolated population unit. However, NMFS will continue to use a recovery strategic stocks should include other recent work by Dr. Jim Darling and factor of 0.5 for this stock. factors that may be causing a decline or colleagues casts this assumption into Comment 20: Although the impeding the recovery of the stock, question, as it seems that some of these conservation plan for fur seals was including effects on habitat. groups may indeed be genetically updated in 2007, HSUS suggested that, Accordingly, for strategic stocks such as distinct (Westerly, 2010; Frasier et al., in light of the ongoing problems facing Cook Inlet belugas, such sections must 2010). The stock assessment should be this stock, a five-year review and discuss only those factors that may be updated to reflect these developments updating of this plan should be causing a decline or impeding recovery. and the most recent information on scheduled for next year. The habitat section sufficiently stock structure. Response: The conservation plan for describes activities within the Cook Response: NMFS is aware of the the Eastern Pacific stock of Northern fur Inlet beluga habitat that may be causing discrete ‘‘Pacific coast feeding

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34058 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

aggregation,’’ and this group is in 2005 (this was the 2007 kill). It was responders, vessel captains and crew, mentioned within the Stock Definition in February of 2005 that the tribe law enforcement, researchers, and other and Geographic Range sections of the requested a waiver to the MMPA. sources. NMFS reviews and reports 2010 SAR. NMFS appreciates the Response: NMFS has corrected the serious injury and mortality records mention of the new publications and error to accurately reflect that this from all these sources, and includes a will incorporate these, if appropriate, in illegal kill occurred in 2007 in the draft summary of these data in the SARs. the draft SARs for 2011. 2011 reports. Subsistence takes are only Comment 31: The SAR for central Comment 27: The gray whale stock reported for the most recent 5 years in North Pacific humpbacks mentions assessment report states that in 1997, the SAR; therefore, the take in 1999 is vessel collisions in Alaska but pays the IWC approved a 5-year quota (1998– not included in the SAR. little attention to collisions in the 2002) of 620 gray whales, with an Comment 29: The SARs cite the 2004– wintering area of Hawaii. There are annual cap of 140, for Russian and U.S. 2006 multi-national SPLASH effort to reports of increasing collisions in (Makah Indian Tribe) aboriginals based better assess humpback whale Hawaii (particularly off Maui) that do on the aboriginal needs statements from populations in the Pacific and continue not appear to be simply an artifact of each country. This is an inaccurate to say with each revision of the SAR increased reporting or increasing description of what happened at the that a better understanding of stock humpback populations. IWC in 1997. The quota was not based structure ‘‘should be available in the Response: NMFS is reviewing records on the needs statements from each near future’’ or ‘‘in 2010 or 2011’’ of mortality and serious injury for country, but only on the needs depending on the stock. Given that humpback whales, including records of statement from Russia. NMFS has undertaken a status review of ship strikes in Hawaiian waters, for the Response: At the 49th meeting of the humpback stocks, the lack of draft 2011 SARs. All injuries International Whaling Commission, the availability of this information is determined to be serious injuries will be need request of both the Makah tribe troubling. It would seem appropriate to reported and included in the mortality and the Chukotka people were mention the status review that the and serious injury estimates for 2011. discussed. The Russian Federation NMFS is undertaking for all humpback Comment 32: NMFS fails to indicate requested 140 whales for the Chukotka stocks in the sections on stock status. the 2006/2007 survey of Eastern North people, and the USA requested ‘‘up to 5 Response: The SPLASH effort was a Pacific (ENP) gray whales was not an whales’’ for the Makah tribe. The Report multidisciplinary project with several abundance estimate as required under states ‘‘The Makah will be coordinating objectives and many cooperators, and section 117 of the MMPA. There are no their proposal with the Russian both photographic and genetic provisions in the MMPA which support Federation and would present a information required analysis. It is not using the results of field studies to Schedule amendment to Plenary.’’ unusual for the results of such a project legitimize SARs. Under 10.3.2.2 Action Arising, the to take a few years to analyze, integrate, Response: As noted in NMFS’ Report states ‘‘In the Commission there and publish. NMFS will include the response to a petition to conduct a was extended discussion of the two new information from SPLASH in the status review under the MMPA (75 FR requests in the context of a joint SARs as soon as possible, and will 81225, December 27, 2010), these proposal by the Russian Federation and coordinate the inclusion of new statements are incorrect, and neither the USA for a catch of 620 gray whales information in the SARs with the statement is relevant to the status of the over five years, with an annual limit of humpback whale status review, which ENP gray whale stock. The 2006/2007 140.’’ The Report details some debate is underway and expected to be survey was a full abundance estimation about the Makah need, but then states completed in 2011. NMFS will include survey. Field and analysis methods, and ‘‘After further consultations to refine the the relevant results of this review in the raw count data, are detailed in a NOAA/ language, a broad consensus was SARs when they are available. AFSC Processed Report (Rugh et al., reached to accept the amendment of Comment 30: The only data provided 2008). Updated estimates and Schedule paragraph 13(b)(2) as shown with regard to humpback whale methodologies for this survey are in Appendix 11.’’ Appendix 11 gives a entanglement in the U.S. come from presented in Laake et al. (2009). MMPA take limit of 620 gray whales over five observed fisheries, and many Alaska section 117 requires NMFS to use the years (1998–2002), with an annual limit fisheries are unobserved. In the Atlantic, best information available to prepare of 140. It is clear that the Russian and most of the mortality of humpbacks as SARs. In the case of ENP gray whales, Makah need requests were coordinated a result of fisheries interactions comes the best information available includes and modified from the separate annual from reports of sightings of entangled results of field studies. The reports requests of 140 and ‘‘up to five’’ to humpback made by commercial whale referenced above are available on the become simply a joint request for 620 watch vessels or recreational boaters. Internet at the following address: over five years with an annual limit of Were there the same number of whale http://www.nmfs.noaa.gov/pr/species/ 140. Therefore, the text in the SAR is watch and recreational boaters in Alaska mammals/cetaceans/ correct that the quota was set based on as in the Atlantic, there would almost graywhale_petition.htm. the needs statements from each country, surely be more animals reported as Comment 33: The results of the most as expressed in their joint proposal. entangled, since trap/pot and gillnet recent ENP gray whale abundance This is verified in the next year’s Report gear similar to that which entangles estimate (as required under section 117 (Annual Report of the International humpbacks in the Atlantic is also used of the MMPA), undertaken in the 2009/ Whaling Commission 1998, pg. 14), in Alaska. This sort of caveat might be 2010 season, have not been published. where it is stated ‘‘New Zealand useful in the SAR. Response: This statement is correct commented that the Makah tribe have Response: Reports of serious injury with respect to the abundance estimate not yet drawn on the quota * * *.’’ and mortality of humpback whales are from the 2009/2010 survey for ENP gray Comment 28: The gray whale stock acquired from two primary sources: whales not being included in the SAR. assessment report omits mention of the Federal fisheries observer data and the The statement is incorrect in stating that gray whales killed by Makah hunters in Alaska stranding network. Reports from MMPA section 117 requires the 2009/ 1999 and 2007, though it erroneously the stranding network include reports 2010 estimate to be included. Rather, states that there was an unlawful hunt from the general public, stranding MMPA section 117 requires that SARs

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34059

be prepared using the best scientific example, one analysis has concluded necessary surveys of North Atlantic information available. Estimates from that humpback whales in the Gulf of pinniped stocks and incorporate the the 2009/2010 survey were not available Maine likely suffer a 3.7 percent results in their stock assessment reports. when the draft 2010 SAR was prepared. entanglement-related mortality rate Response: NMFS plans a harbor seal NMFS anticipates updating the time (Robbins and Matilla, 2009). Analyses abundance survey, including a series of abundance estimates so the indicate that estimates exceeded correction factor for seals not hauled out more recent estimates are available in observed cases by an order of magnitude during the survey, in May 2011. Revised spring 2012 and would be included in and suggest that entanglement is having estimates should be incorporated into the next update of the ENP gray whale a much greater effect on the population the 2012 SAR. Archived digital images SAR. than previously supposed. from seasonal seal surveys from 2005 to Response: When assessing fishing 2011 along the southeast Massachusetts Comments on Atlantic Regional Reports mortality of all large whale stocks, coast will be analyzed in 2011 to Comment 34: HSUS recommended NMFS relies on a direct count of provide a minimum abundance estimate that SARs within the Atlantic region mortalities and serious injuries known of non-pup gray seals in the Cape Cod/ incorporate results of the 2007 within a standardized level of forensic eastern Nantucket Sound region. This workshop on determination of serious evidence to be human caused. Because area contains the major gray seal haul- injuries. HSUS expressed concern that entanglement mortalities are less than out sites in U.S. waters. animals that should be considered 100 percent detectable, they may be Comment 40: The Commission seriously injured are not and then considered undercounts. The recommended that the NMFS develop a disappear from the data base because assessment reported by Robbins and stock assessment plan for the Gulf of these whales are never seen again, and Matilla (2009) relies on a level of Mexico that describes: (1) A feasible the original injury was not ‘‘counted’’ sampling (photographic evidence) of the strategy for assessing the Gulf’s marine within the time of the 5-year average. population only rarely available and, as mammal stocks, (2) the infrastructure Response: NMFS is using yet, unproven. In particular, their needed to support that plan, (3) the recommendations from the 2007 measure places considerable reliance on expertise required to carry out the plan, workshop to establish policy and a small sample estimate of escapement and (4) the funding needed to guidelines to distinguish ‘‘serious’’ from based on NMFS evaluation of serious implement the plan. ‘‘non-serious’’ injury of marine injury and mortality related to Response: It would be valuable to mammals. The results of this effort, entanglements. The uncertainties of that develop a marine mammal stock which is expected to be made available estimate, its potential bias and the assessment plan for the Gulf of Mexico for public review and comment in uncertainties of the overall estimate that addresses feasibility, infrastructure summer of 2011, should promote were not calculated. Until such time as needs, and resources required. However, agency-wide consistency in determining NMFS can evaluate the nature of this the critical elements for a plan already whether or not an injury would likely estimate, including its variance exist in the protected species Stock result in the death of the affected properties and potential for long term Assessment Improvement Plan, and animal. use, we will continue to count mortality these elements are addressed in the Comment 35: The population of humpback whales the same as for Southeast Fisheries Science Center estimates of the bay, sound, and estuary other baleen whales. As with many of Marine Mammal Program Strategic Plan stocks of bottlenose dolphins in the Gulf our assessment findings, for large written in 2008, and a 2007 research of Mexico are outdated. whales we are most interested in those plan for assessing bottlenose dolphin Response: NMFS agrees. tools that provide consistent long term stocks in the north-central Gulf of Comment 36: Although there was a results that allow for tracking of trends. Mexico. Because of limited staff 2007 aerial survey-based estimate of the The current accounting of deaths due to resources there are no plans in the central and eastern Gulf of Mexico fisheries interactions, although likely an immediate future to develop a focused coastal bottlenose dolphin stocks, there undercount, provides an evaluation Southeast Fisheries Science Center is no estimate of trends. consistent with NMFS’ guidelines for document. Response: For a number of reasons, it preparing stock assessment reports. is difficult to interpret trends from Comment 38: The humpback whale Comments on Pacific Regional Reports information based on two abundance stock assessment should mention Comment 41: In light of Anderson v. estimates. NMFS has little information habitat concerns. Proposed activities Evans, 371 F.3d 475, 497–401 (9th Cir. about stock structure and potential (e.g., increased herring harvest quotas, 2004), the MMPA applies to subsistence movement patterns of dolphins that seismic surveys), if initiated, could hunting of seals by Northwest Tribes, inhabit these coastal areas. Without result in an adverse impact on the prey and the SAR should make clear that any contemporaneous estimates of base, cause the injury to whales, or direct harvesting of marine mammals by abundance from adjacent areas, it is displace them from key feeding areas. members of Northwest Tribes is not impossible to know whether dolphins Response: The habitat section of the legal unless they first comply with the moved either on a short or long term SAR sufficiently describes activities MMPA including obtaining the basis. Additionally, there were within the humpback whale habitat that necessary waivers or permits prior to improvements in the data collection may be causing a decline or impeding the hunt. The SAR should make a note methods between 1993/1994 and 2007 recovery, and NMFS will continue to that any tribal take would be illegal. that may confound direct comparison of update this section as appropriate. Response: The SAR includes all takes estimates made during these two Comment 39: HSUS noted there were of marine mammals reported by periods. no data for minimum population Northwest Tribes. MMPA section 117(a) Comment 37: Though NMFS estimates for harbor seals and gray seals explicitly lists the information that acknowledges that the number of that are the common subject of should be included in SARs. This list observed entanglements is likely an complaints by fisheries, and encouraged does not include identifying which underestimate, NMFS should consider the northeast region to develop takes need to be authorized and which more recent approaches to discerning estimates. The Commission do not. Accordingly such language is impacts of commercial fisheries. For recommended that NMFS conduct the inappropriate for SARs.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34060 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Comment 42: HSUS requests more headed whale in nearshore Hawaiian 2009, comment 34; and 75 FR 12504, discussion of what fisheries might be waters and multiple populations of March 16, 2010, comment 53) and interacting with long-beaked common short-finned pilot whales in the reiterates that the stock division for false dolphins, given the number of stranded Hawaiian EEZ. killer whale is consistent with the animals with gunshot evidence. Response: This new information, MMPA and with the NMFS 2005 Response: The fisheries likely available after the 2010 SARs were Guidelines for Assessing Marine interacting with this stock that have drafted, will be evaluated and included Mammals Stocks (GAMMS), which were historically taken animals from this in the next update to the Hawaii melon- finalized after opportunity for public stock, but which have been unobserved headed whale and short-finned pilot review and comment, and provide in recent years, are shown in Table 1 whale SARs. guidance on abundance and PBR of (California small mesh drift gillnet Comment 48: NMFS should note transboundary stocks. No international fishery and California halibut/white additional information of occurrence of agreements presently exist for the seabass set gillnet fishery). pygmy killer whales in the main management of cetacean bycatch in the Comment 43: Table 1 of the Hawaiian Islands and evidence of central Pacific longline fisheries; California/Oregon/Washington fisheries interactions. therefore, NMFS assesses the status of Humpback whale SAR lists 14 deaths Response: This is noted in the text. marine mammal stocks within U.S. EEZ and serious injuries of humpbacks over Comment 49: The draft 2010 SAR for waters, based on EEZ abundances and a five year period, which results in an common bottlenose dolphins—Hawaii EEZ mortalities and serious injuries. annual average of 2.8 per year. Island stock indicates that ‘‘there is no Further, as noted in GAMMS, the lack Response: Table 1 lists two deaths systematic monitoring of gillnet of genetic difference among false killer and 14 serious injuries (serious injuries fisheries that may take this species.’’ whale samples from the broader eastern are shown in parentheses and deaths are This should be expanded to include North Pacific region does not imply that not), which results in an annual average other types of fisheries that may also these animals are from a single eastern of 3.2 whales per year. This matches the interact with the stock. North Pacific stock. description in the text. Response: NMFS agrees, and a note Comment 53: The NMFS abundance Comment 44: HSUS commented that has been made in the SAR of other estimate for the Pelagic stock of inclusion of information on deaths to fisheries that may interact with the Hawaiian false killer whales is outdated marine mammals during scientific Hawaii Islands stock of bottlenose and incorrect, as the abundance research and on potential harm due to dolphins. estimate from the 2002 survey became anthropogenic sound near Hawaii is Comment 50: The statement that ‘‘stale’’ in the fall of 2010. In addition, appreciated. The inclusion of stock sightings of Hawaiian striped dolphins a new survey begun in August 2010 has assessments for marine mammal stocks have historically been infrequent is no observed numerous groups of false killer in U.S. territories in the Pacific is longer accurate. Recent surveys in deep whales. This survey’s observations greatly appreciated, and efforts to water areas have documented this should be considered the best available update abundance estimates and data species fairly regularly. information regardless of whether a new from genetic analyses for a number of Response: New information about the abundance estimate has been calculated. other stocks, including Hawaiian frequent occurrence of striped dolphins Response: The abundance information Islands stocks, is also a welcome off Hawaii was not available when the for Hawaii pelagic false killer whales addition. 2010 SAR was drafted. Occurrence and presented in the 2010 SAR is now 8 Response: NMFS acknowledges and range information for this species will years old (based on a 2002 survey). New thanks you for this comment. be updated during the next update for information from the 2010 survey was Comment 45: PBR should not be this SAR. available after the preparation of 2010 or calculated for most Hawaiian stocks, as Comment 51: Unpublished reports 2011 SARs (reports are prepared in the the abundance estimates are more than indicate high re-sighting rates of dwarf summer and fall for review by the SRG) 8 years old. sperm whales off the island of Hawaii, but will be assessed for inclusion in Response: The abundance information suggesting small population size and future SARs. for Hawaiian stocks updated in the 2010 site-fidelity. Individuals have also been Comment 54: NMFS has incorrectly SARs have not yet exceeded eight years documented with dorsal fin represented that the Hawaii ‘‘insular’’ (based on a 2002 survey). disfigurements. stock ‘‘may have declined.’’ This Comment 46: NMFS should amend Response: NMFS typically cites only suggestion is based on several the Hawaii pantropical spotted dolphin peer-reviewed information in the SARs. speculative and scientifically unproven report to describe the troll and charter The information referenced here was assertions regarding the supposed boat fisheries and the practice of not available for review prior to drafting historical abundance of the Insular ‘‘fishing’’ dolphins, note the existence of the 2010 SAR and may be evaluated for Stock and the assumed effects of the anecdotal reports of bycatch, and the next review of this stock. fisheries on that stock. indicate need to collect more data on Comment 52: NMFS continues to Response: NMFS has previously potential bycatch by these fisheries. divide the Eastern North Pacific false responded to a similar comment (see 75 Response: Acknowledgement of killer whale stock into three fictional FR 12505, March 16, 2010, comment 57) anecdotal reports of bycatch of spotted stocks based on the U.S. EEZ and reiterates the scientific information dolphins by the Hawaii troll fishery boundaries, and has inappropriately supporting the decline has been peer- have been included in the text. The extrapolated from a single outdated false reviewed and clearly outlines the data potential for hooking other dolphins killer whale sighting to establish a and basis for their conclusions. In the noted by Rizutto (2007) by the population abundance estimate for the SAR, there is no assignment of cause of commercial and recreational troll Hawaii pelagic population that severely this decline within the SAR, and fishery has also been noted in the SARs underestimates total population size. fisheries have not been implicated at for bottlenose dolphins, rough-toothed Response: NMFS has previously this time. dolphins, and short-finned pilot whales. responded to this and related comments Comment 55: The SAR wrongly Comment 47: New evidence indicates (see 73 FR 21111, April 18, 2008, assigns a deep-set fishery false killer the presence of two stocks of melon- comment 47; 74 FR 19530, April 29, whale interaction to the insular stock.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34061

The best available scientific information conservative approach of assigning the three workshops: (1) Data Workshop, (2) does not demonstrate that the deep-set serious injury or mortality to both Stock Assessment Workshop and (3) fishery has ever interacted with an stocks. Clearly, if information were Review Workshop. The product of the animal from the insular stock. available regarding the location of take, Data Workshop is a data report which Response: The boundaries of the genetics of the taken animal, or other compiles and evaluates potential insular stock have been determined conclusive information linking the datasets and recommends which based on genetic and movement data serious injury or mortality to a specific datasets are appropriate for assessment and have been peer-reviewed by the stock, NMFS would use it to assign the analyses. The product of the Stock Pacific SRG. Unless specific stock take to a specific stock. Assessment Workshop is a stock identity is known (e.g., from a genetic Dated: June 6, 2011. assessment report which describes the sample of the affected animal) any Helen M. Golde, fisheries, evaluates the status of the longline fishery interaction occurring stock, estimates biological benchmarks, within the overlap zone between the Deputy Director, Office of Protected Resources, National Marine Fisheries Service. projects future population conditions, insular and pelagic stocks will be [FR Doc. 2011–14451 Filed 6–9–11; 8:45 am] and recommends research and prorated to the two stocks so potential monitoring needs. The assessment is BILLING CODE 3510–22–P impact on each stock can be accounted independently peer reviewed at the for. In the 2010 SAR, this proration is Review Workshop. The product of the based on the relative density of the DEPARTMENT OF COMMERCE Review Workshop is a Consensus insular versus pelagic stock throughout Summary documenting Panel opinions the stock range. This methodology will National Oceanic and Atmospheric regarding the strengths and weaknesses be reevaluated in the near future, and Administration of the stock assessment and input data. future SARs may reflect alternative Panelists for SEDAR Workshops are RIN 0648–XA477 proration strategies. appointed by the Gulf of Mexico, South Comment 56: NMFS arbitrarily picks Fisheries of the South Atlantic; Atlantic, and Caribbean Fishery and chooses which information to use to Management Councils and NOAA support conclusions published in the Southeast Data, Assessment, and Review (SEDAR); Public Meeting Fisheries Southeast Regional Office and false killer whale SAR. Unpublished Southeast Fisheries Science Center. reports and papers, ‘‘working’’ papers, AGENCY: National Marine Fisheries SEDAR participants include data ‘‘ ’’ draft papers, non-peer reviewed Service (NMFS), National Oceanic and collectors and database managers; stock papers, and reports containing Atmospheric Administration (NOAA), assessment scientists, biologists, and ‘‘ ’’ preliminary estimates are used in Commerce. researchers; constituency support of certain aspects of the SAR, ACTION: Notice of SEDAR 25 Review representatives including fishermen, while others are ignored if their findings Workshop for South Atlantic black sea environmentalists, and NGO’s; contradict other conclusions within the bass (Centropristis striata) and golden International experts; and staff of SAR. tilefish (Lopholatilus Response: NMFS does cite key Councils, Commissions, and state and chamaeleonticeps). unpublished papers and/or reports in federal agencies. the SARs if (1) they are reviewed and SUMMARY: The SEDAR 25 Review of the SEDAR 25 Review Workshop Schedule accepted by the SRG at their annual South Atlantic stock of black sea bass September 20–22, 2011; SEDAR 25 meeting, or (2) NMFS expects that they and golden tilefish will consist of one Review Workshop will be finalized and published (with workshop, held September 20–22, 2011. peer-review) by the time the SAR is This is the twenty-fifth SEDAR. September 20, 2011: 9 a.m.–8 p.m.; finalized. If not published, papers and/ DATES: The SEDAR 25 Review September 21, 2011: 8 a.m.–8 p.m.; or reports that are reviewed and Workshop will take place September September 22, 2011: 8 a.m.–1 p.m. The Review Workshop is an accepted by the SRG are considered 20–22, 2011. See SUPPLEMENTARY independent peer review of the peer reviewed and best available INFORMATION for specific dates and science. times. assessment developed during the Data Comment 57: The 2010 draft and Assessment Workshops. Workshop humpback SAR includes a single 2006 ADDRESSES: The SEDAR 25 Review Panelists will review the assessment interaction with the Hawaii-based Workshop will be held at the Crowne and document their comments and shallow-set fishery in its mortality and Plaza, 4831 Tanger Outlet Boulevard, recommendations in a Consensus serious injury estimates for both the North Charleston, SC 29418; telephone: Summary. northern portion and southeast Alaska 843–740–7028. Although non-emergency issues not portion of the Central North Pacific FOR FURTHER INFORMATION CONTACT: Kari contained in this agenda may come humpback whale stock. This interaction Fenske, SEDAR Coordinator, 4055 Faber before this group for discussion, in should not be double-counted. Place Drive, Suite 201, North accordance with the Magnuson-Stevens Response: See responses to comments Charleston, SC 29405; telephone: (843) Fishery Conservation and Management 13 and 14 in the final 2005 LOF (71 FR 571–4366; [email protected]. Act (Magnuson-Stevens Act), those 247, January 4, 2006), comment 10 in SUPPLEMENTARY INFORMATION: The Gulf issues may not be the subject of formal the final 2003 LOF (68 FR 41725, July of Mexico, South Atlantic, and action during these meetings. Actions 15, 2003), comment 10 in the final 2008 Caribbean Fishery Management will be restricted to those issues LOF (72 FR 66048, November 27, 2007), Councils, in conjunction with NOAA specifically identified in this notice and and comment 18 in the final 2009 SARs Fisheries and the Atlantic and Gulf any issues arising after publication of (75 FR 12498, March 16, 2010) for States Marine Fisheries Commissions this notice that require emergency detailed responses to a similar have implemented the Southeast Data, action under Section 305(c) of the comment. Where there is considerable Assessment and Review (SEDAR) Magnuson-Stevens Act, provided the uncertainty regarding to which stock a process, a multi-step method for public has been notified of the Council’s serious injury or mortality should be determining the status of fish stocks in intent to take final action to address the assigned, NMFS exercises a the Southeast Region. SEDAR includes emergency.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34062 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Special Accommodations for processing and other services related Under 37 CFR 1.26 and 2.209, the These meetings are physically to patents, trademarks, and information USPTO may refund fees paid by mistake accessible to people with disabilities. products. Customers may submit or in excess of the required amount. In Requests for sign language payments to the USPTO by several general, refunds of amounts larger than interpretation or other auxiliary aids methods, including credit card, deposit $25 are returned to the customer should be directed to the Council office account, electronic funds transfer (EFT), automatically using the same method as (see ADDRESSES) at least 10 business and paper check transactions. The the original payment. For refund days prior to each workshop. provisions of 35 U.S.C. 41 and 15 U.S.C. amounts of $25 or less, customers must 1113 are implemented in 37 CFR 1.16– submit a written request to the Refund Dated: June 6, 2011. 1.28, 2.6–2.7, and 2.206–2.209. Branch of the USPTO Office of Finance. Tracey L. Thompson, This information collection includes In order to access and manage their Acting Director, Office of Sustainable the Credit Card Payment Form (PTO– financial activity records online, Fisheries, National Marine Fisheries Service. 2038), which provides the public with customers may create a Financial Profile [FR Doc. 2011–14374 Filed 6–9–11; 8:45 am] a convenient way to submit a credit card through the USPTO Web site. Customers BILLING CODE 3510–22–P payment for fees related to a patent, create a profile by registering a trademark, or information product. username and password, providing Customers may also submit credit card contact information, and specifying the DEPARTMENT OF COMMERCE payments via the Electronic Credit Card types of notifications and alerts they Payment Form (PTO–2231) when using would like to receive. After establishing Patent and Trademark Office online systems through the USPTO Web a Financial Profile, customers may then Patent and Trademark Financial site for paying fees related to patents, add the relevant account information to Transactions trademarks, or information products. the profile in order to track their credit The USPTO will not include credit card card, deposit account, and EFT ACTION: Proposed collection; comment information submitted using the transactions with the USPTO. request. provided credit card payment forms II. Method of Collection among the patent or trademark records SUMMARY: The United States Patent and open to public inspection. By mail, facsimile, hand delivery, or Trademark Office (USPTO), as part of its Customers may establish a deposit electronically to the USPTO. continuing effort to reduce paperwork account for making fee payments by III. Data and respondent burden, invites the completing a Deposit Account OMB Number: 0651–0043. general public and other Federal Application Form (PTO–2232) and agencies to take this opportunity to Form Number(s): PTO–2038, PTO– sending the required information, initial 2231, PTO–2232, PTO–2233, PTO–2234, comment on the continuing information deposit, and service fee to the USPTO. collection, as required by the Paperwork PTO–2236. Deposit accounts eliminate the need to Type of Review: Revision of a Reduction Act of 1995, Public Law 104– submit a check, credit card information, 13 (44 U.S.C. 3506(c)(2)(A)). currently approved collection. or other form of payment for each Affected Public: Individuals or DATES: Written comments must be transaction with the USPTO. households; businesses or other for- submitted on or before August 9, 2011. Additionally, in the event that a fee profits; and not-for-profit institutions. ADDRESSES: You may submit comments amount due is miscalculated, customers Estimated Number of Respondents: by any of the following methods: may authorize the USPTO to charge any • 1,849,771 responses per year. The E-mail: remaining balance to the deposit USPTO estimates that approximately [email protected]. account and therefore avoid the 20% of these responses will be from Include ‘‘0651–0043 comment’’ in the potential consequences of small entities. subject line of the message. underpayment. As customers use their • Estimated Time per Response: The Mail: Susan K. Fawcett, Records deposit accounts to make payments, USPTO estimates that it will take the Officer, Office of the Chief Information they may deposit funds to replenish public approximately two to six minutes Officer, United States Patent and their accounts by mailing a check to the (0.03 to 0.10 hours) to gather the Trademark Office, P.O. Box 1450, USPTO or making a deposit online via necessary information, prepare the Alexandria, VA 22313–1450. EFT using the Electronic Deposit • appropriate form or document, and Federal Rulemaking Portal: http:// Account Replenishment Form (PTO– submit the items in this collection to the www.regulations.gov. 2233) available at the USPTO Web site. USPTO. FOR FURTHER INFORMATION CONTACT: Replenishments may not be made by Estimated Total Annual Respondent Requests for additional information credit card. Customers may close their Burden Hours: 55,901 hours. should be directed to Matthew Lee, deposit accounts by submitting a Estimated Total Annual Respondent Office of Finance, United States Patent written request or by using the Deposit Cost Burden: $2,962,753. The USPTO and Trademark Office, P.O. Box 1450, Account Closure Request Form (PTO– expects that 75% of the submissions for Alexandria, VA 22313–1450; by 2234). this information collection will be telephone at 571–272–6343; or by e-mail In addition to credit cards and deposit prepared by fee administrators/ to [email protected]. Additional accounts, customers may also use EFT coordinators and that 25% of the information about this collection is also to make online fee payments to the submissions will be prepared by available at http://www.reginfo.gov USPTO. Customers must first establish paraprofessionals. Using those under ‘‘Information Collection Review.’’ a user profile with their banking proportions and the estimated rates of SUPPLEMENTARY INFORMATION: information by submitting the EFT User $30 per hour for fee administrators/ Profile Form (PTO–2236) through the coordinators and $122 per hour for I. Abstract USPTO Web site. Once their profile is paraprofessionals, the USPTO estimates Under 35 U.S.C. 41 and 15 U.S.C. created, customers may use their User that the average rate for all respondents 1113, the United States Patent and ID and password to perform EFT will be approximately $53 per hour. Trademark Office (USPTO) charges fees transactions. Using this estimated rate of $53 per

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34063

hour, the USPTO estimates that the the information in this collection will be respondent cost burden for submitting approximately $2,962,753 per year.

Estimated Estimated Estimated an- Item time for annual nual burden response responses hours

Credit Card Payment Form (PTO–2038) ...... 2 minutes .... 151,144 4,534 Electronic Credit Card Payment Form (PTO–2231) ...... 2 minutes .... 1,622,708 48,681 Deposit Account Application Form (PTO–2232) ...... 2 minutes .... 264 8 Deposit Account Replenishment ...... 2 minutes .... 31,281 938 Electronic Deposit Account Replenishment Form (PTO–2233) ...... 2 minutes .... 33,250 998 Deposit Account Closure Request Form (PTO–2234) ...... 4 minutes .... 207 14 EFT User Profile Form (PTO–2236) ...... 2 minutes .... 1,489 45 Refund Request ...... 4 minutes .... 8,660 606 Financial Profiles ...... 6 minutes .... 768 77

Totals ...... 1,849,771 55,901

Estimated Total Annual Non-hour of the 151,144 paper Credit Card Dated: June 7, 2011. Respondent Cost Burden: $141,971. Payment Forms submitted annually may Susan K. Fawcett, There are no capital start-up, be mailed in by themselves, or Records Officer, USPTO, Office of the Chief maintenance, or recordkeeping costs approximately 7,557 per year. The Information Officer. associated with this information USPTO estimates that it will receive an [FR Doc. 2011–14387 Filed 6–9–11; 8:45 am] collection. However, this collection additional 40,412 submissions per year BILLING CODE 3510–16–P does have annual (non-hour) cost that may be mailed, including Deposit burden in the form of service fees Account Application Forms, Deposit associated with deposit accounts and Account Replenishments, Deposit COMMITTEE FOR PURCHASE FROM returned payments as well as postage Account Closure Requests, and Refund PEOPLE WHO ARE BLIND OR costs. SEVERELY DISABLED There are service fees for setting up a Requests, for a total of 47,969 mailed submissions per year. The USPTO deposit account at the USPTO, for not Procurement List; Additions maintaining the minimum balance estimates that the first-class postage cost required for the deposit account, and for for a mailed submission will be 44 AGENCY: Committee for Purchase From returned payments. The service charge cents, for a total postage cost of People Who Are Blind or Severely to establish a deposit account is $10, approximately $21,106 per year. Disabled. and the USPTO estimates that it The total (non-hour) respondent cost ACTION: Additions to the Procurement processes 264 Deposit Account burden for this collection in the form of List. Application Forms annually, for a total service fees and postage costs is SUMMARY: This action adds products and of $2,640 per year. There is also a $25 estimated to be $141,971 per year. services to the Procurement List that service charge for deposit accounts that will be furnished by nonprofit agencies are below the minimum balance ($1,000 IV. Request for Comments employing persons who are blind or minimum balance for an unrestricted Comments are invited on: (a) Whether have other severe disabilities. deposit account or $300 minimum balance for a restricted deposit account) the proposed collection of information DATES: Effective Date: 7/11/2011. at the end of the month. The USPTO is necessary for the proper performance ADDRESSES: Committee for Purchase estimates that it assesses 4,273 of these of the functions of the agency, including From People Who Are Blind or Severely low balance charges annually, for a total whether the information shall have Disabled, Jefferson Plaza 2, Suite 10800, of $106,825 per year. There is a $50 practical utility; (b) the accuracy of the 1421 Jefferson Davis Highway, service charge for processing a payment agency’s estimate of the burden Arlington, Virginia, 22202–3259. refused (including a check returned (including hours and cost) of the FOR FURTHER INFORMATION CONTACT: ‘‘unpaid’’) or charged back by a financial proposed collection of information; (c) Patricia Briscoe, Telephone: (703) 603– institution. The USPTO estimates that it ways to enhance the quality, utility, and 7740, Fax: (703) 603–0655, or email assesses 228 of these returned payment clarity of the information to be [email protected]. charges annually, for a total of $11,400 collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: per year. The total estimated service fees burden of the collection of information for this collection are $120,865 per year. on respondents, e.g., the use of Additions Customers may incur postage costs automated collection techniques or On 3/18/2011 (76 FR 14943), 4/1/2011 when submitting the Credit Card other forms of information technology. (76 FR 18188–18189), and 4/15/2011 (76 Payment Form and other paper forms or Comments submitted in response to FR 21336–21337), the Committee for requests to the USPTO by mail. Purchase From People Who Are Blind this notice will be summarized or Customers generally send the Credit or Severely Disabled published notices included in the request for OMB Card Payment Form to the USPTO along of proposed additions to the with other documents related to the fee approval of this information collection; Procurement List. or service being paid for by credit card, they also will become a matter of public After consideration of the material but some customers may submit just the record. presented to it concerning capability of Credit Card Payment Form without qualified nonprofit agencies to provide additional supporting documents. The the products and services and impact of USPTO estimates that roughly 5 percent the additions on the current or most

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34064 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

recent contractors, the Committee has Contracting Activity: Department of the Contracting Activity: Dept. of the Army, determined that the products and Army Research, Development, & XR W6BA ACA West Point, West services listed below are suitable for Engineering Command, Natick, MA. Point, NY. procurement by the Federal Government Coverage: C-List for 100% of the Patricia Briscoe, under 41 U.S.C. 46–48c and 41 CFR 51– requirement of the U.S. Army, as 2.4. Deputy Director, Business Operations (Pricing aggregated by the Department of the and Information Management). Regulatory Flexibility Act Certification Army Research, Development, & [FR Doc. 2011–14420 Filed 6–9–11; 8:45 am] Engineering Command, Natick, MA. I certify that the following action will BILLING CODE 6353–01–P not have a significant impact on a Self-stick, Repositionable Flags: substantial number of small entities. The major factors considered for this NSN: 7510–01–315–2019—1x1.75, Red; COMMITTEE FOR PURCHASE FROM certification were: NSN: 7510–01–315–2020—1x1.75, PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 1. The action will not result in any Green; additional reporting, recordkeeping or NSN: 7510–01–315–2021—1x1.75, Blue; Procurement List; Proposed Additions other compliance requirements for small NSN: 7510–01–315–2022—1x1.75, entities other than the small AGENCY: White; Committee for Purchase From organizations that will furnish the People Who Are Blind or Severely products and services to the NSN: 7510–01–315–2023—1x1.75, Disabled. Orange; Government. ACTION: Proposed Additions to the 2. The action will result in NSN: 7510–01–315–2024—1x1.75, Procurement List. authorizing small entities to furnish the Yellow; products and services to the NSN: 7510–01–315–8654—1x1.75, SUMMARY: The Committee is proposing Government. Purple; to add products to the Procurement List 3. There are no known regulatory that will be furnished by nonprofit alternatives which would accomplish NSN: 7510–01–399–1152—1x1.75, agencies employing persons who are the objectives of the Javits-Wagner- Bright Green; blind or have other severe disabilities. O’Day Act (41 U.S.C. 46–48c) in NSN: 7510–01–399–1153—1x1.75, Comments Must Be Received on or connection with the products and Bright Pink. Before: 7/11/2011. services proposed for addition to the NPA: Association for the Blind and ADDRESSES: Committee for Purchase Procurement List. Visually Impaired—Goodwill From People Who Are Blind or Severely End of Certification Industries of Greater Rochester, Disabled, Jefferson Plaza 2, Suite 10800, Rochester, NY. 1421 Jefferson Davis Highway, Accordingly, the following products Arlington, Virginia, 22202–3259. and services are added to the Contracting Activity: General Services Procurement List: Administration, New York, NY. FOR FURTHER INFORMATION OR TO SUBMIT Coverage: A-List for the Total COMMENTS CONTACT: Patricia Briscoe, Products Government Requirement as Telephone: (703) 603–7740, Fax: (703) NSN: MR 899—Slicer, Pineapple, aggregated by the General Services 603–0655, or email Stainless; Administration. [email protected]. NSN: MR 1136—Mug, Seasonal; Services: SUPPLEMENTARY INFORMATION: This NSN: MR 1135—Set, Spreader, 4Pc; notice is published pursuant to 41 NPA: Industries for the Blind, Inc., West Service Type/Location: Custodial U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Allis, WI. Service, Humphreys Engineer purpose is to provide interested persons Contracting Activity: Military Resale— Center, Building #2596, 7701 an opportunity to submit comments on Defense Commissary Agency, Fort Telegraph Road, Alexandria, VA. the proposed actions. Lee, VA. NPA: MVLE, Inc., Springfield, VA. Coverage: C-List for the requirements of Additions Contracting Activity: Dept. of the Army, military commissaries and If the Committee approves the XU W4LD USA HECSA, exchanges as aggregated by the proposed additions, the entities of the Alexandria, VA. Defense Commissary Agency. Federal Government identified in this NSN: 6150–01–040–6848—Kit, Wiring, Service Type/Location: Janitorial notice will be required to procure the ATON Buoy. Service, Schofield Barracks Combat products listed below from nonprofit NPA: Greenville Rehabilitation Center, Arms Training and Maintenance agencies employing persons who are Greenville, SC. Facility, Building SB 2225, blind or have other severe disabilities. Contracting Activity: Department of Schofield Barracks, HI. Regulatory Flexibility Act Certification Homeland Security, U.S. Coast NPA: Opportunities and Resources, Inc., Guard, SFLC Procurement Branch Wahiawa, HI. I certify that the following action will 3, Baltimore, MD. not have a significant impact on a Contracting Activity: Dept. of the Navy, substantial number of small entities. Coverage: C-List for 100% of the NAVFAC Engineering Command The major factors considered for this requirement of the U.S. Coast Hawaii, Pearl Harbor, HI. Guard, as aggregated by the U.S. certification were: Coast Guard. Service Type/Location: Facility 1. If approved, the action will not NSN: 8415–01–588–2047—Neckdam, Maintenance, U.S. Military result in any additional reporting, Chemical, Protective, JPACE, CPC, Academy Preparatory School, West recordkeeping or other compliance JC3, Green. Point, NY. requirements for small entities other NPA: Peckham Vocational Industries, NPA: New Dynamics Corporation, than the small organizations that will Inc., Lansing, MI. Middletown. NY. furnish the products to the Government.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34065

2. If approved, the action will result NSN: M.R. 517—Pack, Party, Birthday, NSN: 8040–00–NIB–0019—Adhesive in authorizing small entities to furnish 8pc. Film Roller, Permanent, Double the products to the Government. NSN: M.R. 518—Pack, Party, Birthday, Sided Adhesive, Acid-Free, .33″ W 3. There are no known regulatory Sports-Theme, 8pc. x 393″. alternatives which would accomplish NPA: Winston-Salem Industries for the NPA: Industries for the Blind, Inc., West the objectives of the Javits-Wagner- Blind, Inc., Winston-Salem, NC. Allis, WI. O’Day Act (41 U.S.C. 46–48c) in NSN: M.R. 1056—Mop, Spray, Wet. connection with the products proposed NSN: M.R. 1066—Pad, Cleaning, Refill, Contracting Activity: General Services for addition to the Procurement List. Mop, Spray. Administration, Kansas City, MO Comments on this certification are NPA: Industries for the Blind, Inc., West Coverage: B-List for the Broad invited. Commenters should identify the Allis, WI. Government Requirement as statement(s) underlying the certification Contracting Activity: Defense aggregated by the General Services on which they are providing additional Commissary Agency, Fort Lee, VA. Administration. information. Coverage: C-List for the requirements of military commissaries and Patricia Briscoe, End of Certification exchanges as aggregated by the Deputy Director, Business Operations (Pricing The following products are proposed Defense Commissary Agency. and Information Management). for addition to Procurement List for [FR Doc. 2011–14419 Filed 6–9–11; 8:45 am] USB Flash Drives, Level 3, Encrypted production by the nonprofit agencies BILLING CODE 6353–01–P listed: NSN: 7045–00–NIB–0354–2G NSN: 7045–00–NIB–0355–4G Products NSN: 7045–00–NIB–0356–8G NSN: 8105–00–117–9860—Envelope, NSN: 7045–00–NIB–0357–16G COMMODITY FUTURES TRADING Bubble Padded, 6″ x 10″. NSN: 7045–00–NIB–0358–32G COMMISSION NSN: 8105–00–117–9866—Envelope, NSN: 7045–00–NIB–0360—Anti-Virus, Bubble Padded, 71⁄4″ x 12″. 2G Sunshine Act Meetings NSN: 8105–00–117–9869—Envelope, NSN: 7045–00–NIB–0361—Anti-Virus, Bubble Padded, 81⁄2″ x 12″. 4G The following notice of scheduled NSN: 8105–00–117–9872—Envelope, NSN: 7045–00–NIB–0362—Anti-Virus, meetings is published pursuant to the 1 ″ 1 ″ Bubble Padded, 9 ⁄2 x 14 ⁄2 . 8G provisions of the Government in the NSN: 8105–00–117–9879—Envelope, NSN: 7045–00–NIB–0363—Anti-Virus, Sunshine Act, Public Law 94–409, 5 1 ″ ″ Bubble Padded, 10 ⁄2 x 16 . 16G U.S.C. 552b. NSN: 8105–00–117–9881—Envelope, NSN: 7045–00–NIB–0364—Anti-Virus, AGENCY HOLDING THE MEETINGS: Bubble Padded, 121⁄2″ x 19″. 32G Commodity Futures Trading NSN: 8105–00–117–9886—Envelope, NPA: North Central Sight Services, Inc., 1 ″ ″ Commission. Bubble Padded, 14 ⁄2 x 20 . Williamsport, PA NSN: 8105–00–290–0340—Envelope, TIMES AND DATES: ″ ″ Contracting Activity: General Services The Commission has Macerated Paper Padded, 6 x 10 . Administration, New York, NY scheduled a meeting for the following NSN: 8105–00–290–0343—Envelope, Coverage: A-List for the Total date: June 14, 2011 at 9:30 a.m. Macerated Paper Padded, 81⁄2″ x Government Requirement as 12″. PLACE: Three Lafayette Center, 1155 21st aggregated by the General Services NSN: 8105–00–281–1168—Envelope, St., NW., Washington, DC, Lobby Level Administration. Macerated Paper Padded, 91⁄2″ x Hearing Room (Room 1000). NSN: 8970–01–576–1950—Kit, Remote 141⁄2″. NSN: 8105–00–281–1436—Envelope, Feeding and Cleaning. STATUS: Open. NPA: NewView Oklahoma, Inc., Macerated Paper Padded, 101⁄2″ x MATTERS TO BE CONSIDERED: Oklahoma City, OK. The 16″. Commission has scheduled this meeting Coverage: A-List for the Total Contracting Activity: Defense Logistics Agency Troop Support, for consideration of effective dates of Government Requirement as Provisions in the Dodd-Frank Act. The aggregated by the General Services Philadelphia, PA. Coverage: C-List for 100% of the Commission may also consider and vote Administration. on dates and times for future meetings. NSN: 8105–00–117–9870—Envelope, requirement of the Department of Defense, as aggregated by the Agendas for each scheduled meeting Bubble Padded, 81⁄2″ x 141⁄2″. Defense Logistics Agency Troop will be made available to the public and NSN: 8105–00–290–0342—Envelope, posted on the Commission’s Web site at 1 ″ Support, Philadelphia, PA. Macerated Paper Padded, 7 ⁄4 x http://www.cftc.gov at least seven (7) 12″. NSN: 8465–01–580–1666–MOLLE Component, Load Lifter Attachment days prior to the meeting. In the event NSN: 8105–00–281–1167—Envelope, that the time or date of the meeting Macerated Paper Padded, 121⁄2″ x Strap, OCP ″ NPA: The Arkansas Lighthouse for the changes, an announcement of the 19 . change, along with the new time and NSN: 8105–00–281–1169—Envelope, Blind, Little Rock, AR place of the meeting will be posted on Macerated Paper Padded, 141⁄2″ x Contracting Activity: Department of the the Commission’s Web site. 20″. Army Research, Development, & Coverage: B-List for the Broad Engineering Command, Natick, MA. CONTACT PERSON FOR MORE INFORMATION: Government Requirement as Coverage: C-List for 100% of the David A. Stawick, Secretary of the aggregated by the General Services requirement for initial fielding and Commission, 202–418–5071. Administration. Rapid Fielding Initiative of the NPA: Alphapointe Association for the Department of the Army, as David A. Stawick, Blind, Kansas City, MO. aggregated by the Department of the Secretary of the Commission. Contracting Activity: General Services Army Research, Development, & [FR Doc. 2011–14528 Filed 6–8–11; 11:15 am] Administration, New York, NY. Engineering Command, Natick, MA. BILLING CODE 6351–01–P

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34066 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

DEPARTMENT OF DEFENSE 5 p.m. E.S.T. on Friday, September process, the Secretary of the Navy is 23rd, 2011, of their time to address the required to publish a draft EIS Department of the Army Board during the public comment addressing the effects of continued forum. All other comments will be withdrawal and hold public hearings in In Accordance With Section 10(a)(2) of retained for the record. Public seating is order to receive public comments on the the Federal Advisory Committee Act (5 limited and will be available on a first- proposal by October 12, 2012. The U.S.C. App 2.), Announcement Is Made come, first-served basis. NAWSCL EIS/LEIS will examine of the Following Committee Meeting: current and proposed land uses in Western Hemisphere Institute for Scott P. Caldwell, support of the DoN’s military mission. Security Cooperation Board of Executive Secretary, Department of the Army The EIS/LEIS will specifically focus on Visitors; Meeting Civilian, WHINSEC Board of Visitors. those military land uses granted to the [FR Doc. 2011–14293 Filed 6–9–11; 8:45 am] AGENCY: Department of the Army, DoD. DoN under Public Law 103–433 that BILLING CODE M include: (1) Use as an RDT&E ACTION: Notice of open meeting. laboratory; (2) use as a range for air SUMMARY: warfare weapons and weapons systems; This notice sets forth the DEPARTMENT OF DEFENSE schedule and summary agenda for the (3) use as a high hazard training area for annual meeting of the Board of Visitors Department of the Navy aerial gunnery, rocketry, electronic (BoV) for the Western Hemisphere warfare and countermeasures, and Institute for Security Cooperation Notice of Intent To Prepare an tactical maneuvering and air support; (WHINSEC). Notice of this meeting is Environmental Impact Statement/ (4) geothermal leasing and development, required under the Federal Advisory Legislative Environmental Impact and related power production activities; Committee Act (Pub. L. 92–463). The Statement for Renewal of the Naval Air and, (5) other defense-related purposes. Board’s charter was renewed on March Weapons Station China Lake Public The environmental analysis in the EIS/ 18, 2010 in compliance with the Land Withdrawal, California and To LEIS will be incorporated in an update requirements set forth in Title 10 U.S.C. Announce Public Scoping Meetings to the May 2005 NAWSCL 2166. Comprehensive Land Use Management AGENCY: Department of the Navy, DoD. DATES: Tuesday–Wednesday, September Plan (CLUMP). The CLUMP facilitates ACTION: 27–28, 2011. Notice. NAWSCL in planning for and managing land use and environmental resources Time: Tuesday—8 a.m. to 3 p.m. and SUMMARY: Pursuant to section 102(2)(c) Wednesday—8 a.m. to 12 p.m. on the withdrawn public lands in of the National Environmental Policy accordance with the Federal Land Location: 7161 Richardson Circle, Act (NEPA) of 1969 as implemented by Fort Benning, Georgia. Policy and Management Act of 1976 the Council on Environmental Quality (FLPMA) (43 U.S.C. 1701). The updated Proposed Agenda: The WHINSEC Regulations (40 Code of Federal BoV will be briefed on activities at the CLUMP will include an examination of Regulations [CFR] parts 1500–1508), the both military land uses authorized Institute since the last Board meeting on Department of the Navy (DoN), with the December 3rd, 2010, as well as receive under Public Law 103–433 and those cooperation of the Bureau of Land mission-compatible non-military land other information appropriate to its Management (BLM), announces its interests. uses authorized in the 2005 CLUMP. intent to prepare an Environmental Dates and Addresses: The DoN is FOR FURTHER INFORMATION CONTACT: Impact Statement/Legislative initiating a 90-day public scoping WHINSEC Board of Visitors Secretariat Environmental Impact Statement (EIS/ process to identify community interests at (703) 614–8721. LEIS) to evaluate the potential and specific issues to be addressed in SUPPLEMENTARY INFORMATION: The environmental effects associated with the EIS/LEIS. This public scoping meeting is open to the public. Pursuant the continued withdrawal of process starts with the publication of to the Federal Advisory Committee Act approximately 1.1 million acres of this Notice of Intent. Three public of 1972 and 41 CFR 102–3.140(c), public land in Kern, Inyo, and San scoping meetings will be held to receive members of the public or interested Bernardino counties, California. This oral and/or written comments on issues groups may submit written statements public land withdrawal comprises the to be addressed in the EIS/LEIS: to the advisory committee for current North and South ranges at Naval 1. Tuesday, July 19, 2011, 6 p.m. to consideration by the committee Air Weapons Station China Lake 8 p.m., Historic USO Building, 230 West members. Written statements should be (NAWSCL). The proposed land Ridgecrest Boulevard, Ridgecrest, no longer than two type-written pages withdrawal extension will allow the California 93555; and sent via fax to (703) 614–8920 by 5 DoN to continue defense-related 2. Wednesday, July 20, 2011, 6 p.m. p.m. E.ST. on Monday, September 19th, research, development, test and to 8 p.m., Statham Hall, 138 Jackson 2011, for consideration at this meeting. evaluation (RDT&E) and training Street, Lone Pine, California 93545; and In addition, public comments by missions at NAWSCL, in addition to 3. Thursday, July 21, 2011, 6 p.m. to individuals and organizations may be other land uses. 8 p.m., Trona Community Senior made from 9:30 to 9:45 a.m. during the The California Military Lands Center, 13187 Market Street, Trona, meeting on 27 September. Public Withdrawal and Overflights Act of 1994 California 93562. comments will be limited to three (Pub. L. 103–433, part of the California Additional information concerning minutes each. Anyone desiring to make Desert Protection Act) withdrew and meeting times and locations is available an oral statement must register by reserved the lands known then as the on the NAWSCL EIS/LEIS Web site at sending a fax to (703) 614–8920 with China Lake Naval Weapons Center http://www.ChinalakeLEIS.com. Public his/her name, phone number, email (subsequently renamed NAWSCL) for scoping meeting schedules and address, and the full text of his/her defense-related purposes for a period of locations will also be announced in comments (no longer than two 20 years (until October 14, 2014). The local newspapers. typewritten pages) by 5 p.m. E.S.T. on Act provides that the DoN may seek Each of the public scoping meetings Monday, September 19th, 2011. The extension of the withdrawal of such will consist of an informal, open house first five requestors will be notified by lands. As a part of the withdrawal session with information stations staffed

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34067

by DoN and BLM representatives. related training within a safe, secure, land withdrawal of approximately 1.1 Comments, both written and oral, will and operationally diverse land range million acres of public land for be collected at each of the three public test environment. Combat relevant test continued military use; (2) revision to scoping meetings and on the project and evaluation, as well as training for and implementation of the NAWSCL Web site. operational compatibility, is the primary CLUMP to reflect current and future FOR FURTHER INFORMATION CONTACT: means to ensure readiness and prepare land uses, both military and non- NAWSCL Land Withdrawal EIS/LEIS our military to fight and win in combat. military; and (3) an increase of up to Project Manager (Attn: Ms. Jo Ellen To be effective in its mission, the 25% in the tempo of military RDT&E, Anderson), NAVFAC Southwest, 1220 NAWSCL ranges must provide sufficient training activities (including ground and Pacific Highway, San Diego, CA 92132– land and airspace to conduct test and air training by DoN special operations 5178, telephone number: 619–532–2633. evaluation at distances and scenarios forces and other Services), and with fidelity to combat uses. Access to expansion of unmanned aerial and SUPPLEMENTARY INFORMATION: The NAWSCL North and South ranges are a variety of conditions (e.g., simulated surface systems, as well as the threats, operational space, topographic expansion of existing and the located in the western Mojave Desert, relief, and safety constraints) and introduction of evolving directed energy approximately 150 miles northeast of scheduling availability are important weapons development at NAWSCL. Los Angeles, California. These ranges characteristics that must be preserved 2. Alternative 2 (Withdrawal with encompass approximately 1.1 million and enhanced. The DoN’s continuing Baseline Tempo) consists of: (1) acres and are located in portions of need for RDT&E and training range Renewing (through Congressional Inyo, Kern, and San Bernardino capability balances maximum use of the action) the land withdrawal; (2) revising counties. The DoN has been operating range with maintaining stewardship and implementing the NAWSCL the NAWSCL land ranges for nearly 70 responsibilities for the lands and their CLUMP; and, (3) maintaining current years. resources. levels of RDT&E and training use (type, The California Military Lands In accordance with the Engle Act of tempo, location). Withdrawal and Overflights Act of 1994 1958 (Pub. L. 85–337) and FLPMA, the 3. Alternative 3 (No Action authorized the withdrawal of the public DoN is required to file an application Alternative) would allow the public lands associated with the NAWSCL with BLM requesting the Secretary of land withdrawal to expire, with ranges for a period of 20 years (until the Interior process a proposed administrative control of the withdrawn October 14, 2014). The military land legislative withdrawal and reservation land returning to the BLM. Withdrawn uses specifically allowed under the Act of public land to continue military lands would comprise 92% of all included: (1) Use as an RDT&E RDT&E and training activities on the NAWSCL lands. Limited RDT&E and laboratory; (2) use as a range for air NAWSCL ranges. The proposed action training activities at NAWSCL would warfare weapons and weapons systems; would continue the existing withdrawal continue on 8% of remaining NAWSCL (3) use as a high hazard training area for of 1.1 million acres of public land for fee-owned/leased land and within aerial gunnery, rocketry, electronic military use. The public land would be managed airspace. warfare and countermeasures, and withdrawn from all forms of Environmental Issues and Resources tactical maneuvering and air support; appropriation under the public land To Be Examined: Environmental issues (4) use for geothermal leasing and laws, including surface entry, mining, that will be addressed in the EIS/LEIS development, and related power mineral leasing, and the Materials Act of include, but are not limited to, the production activities; and, (5) use for 1947. following: Air quality; biological other defense-related purposes. Purpose and Need: Given the primary resources (including threatened and In May 2005, pursuant to the mission of the NAWSCL land ranges, to endangered species); cultural resources; requirements of Public Law 103–433 provide a safe, secure, and highly geology and soils; hazardous materials and FLPMA, NAWSCL completed and instrumented volume of land and and hazardous waste management; endorsed a comprehensive land use airspace in which to conduct controlled health and safety; noise; socioeconomics management plan for the withdrawn tests, operations and training with (including environmental justice); public lands. This land use management fidelity to combat uses, the purpose of transportation; and water resources. plan is referred to as the NAWSCL the proposed action is to retain a Relevant and reasonable measures that CLUMP. In addition to the military land military range for RDT&E and training would avoid or mitigate environmental uses granted to the DoN in Public Law activities for a period of 25 years. The effects will also be analyzed. 103–433, the 2005 CLUMP authorized proposed action will meet the need to Additionally, the DoN will undertake the following non-military, but mission- support the application of current and any consultations required by the compatible land uses, on the ranges: (1) evolving technology to solve theatre- Endangered Species Act, National Native American access; (2) education relevant problems for the warfighter and Historic Preservation Act, Clean Water and research projects; (3) limited ensure necessary training readiness, Act, and any other applicable law or recreation; and (4) limited commercial while ensuring appropriate management regulation. uses, including geothermal leasing and of land use and environmental Submitting Comments: The DoN development, and related power resources; revise and implement the encourages interested persons to submit production activities. installation’s CLUMP; and, maintain comments concerning the proposed The military land uses authorized by DoN readiness by accommodating extension of the public land Public Law 103–433 and the non- current and evolving state-of-the-art withdrawal, the alternatives proposed military uses authorized by the 2005 RDT&E and training requirements at for study, and environmental impacts to CLUMP are consistent with the mission NAWSCL. be analyzed. Federal, state, and local of NAWSCL, which is to conduct Alternatives: The EIS/LEIS addresses agencies, Native Americans and weapons RDT&E for weapon systems three alternatives, including the no Federally Recognized Tribes, and associated with air warfare, aircraft action alternative: interested persons are encouraged to weapons integration, missiles and 1. Alternative 1 (Withdrawal with provide oral and/or written comments missile subsystems, and assigned Increased Tempo) consists of: (1) to the DoN to identify specific airborne electronic warfare systems and Congressional renewal of the current environmental issues or topics of

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34068 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

environmental concern that the DoN Dated: June 3, 2011. Opportunity Act, Public Law 110–315, should consider. The DoN will prepare D.J. Werner, dated August 14, 2008. The Commission the draft LEIS incorporating issues Lieutenant Commander, Office of the Judge is established to (a) Conduct a identified by the commenting public. Advocate General, U.S. Navy, Alternate comprehensive study, which will—(I) All comments on the EIS/LEIS, whether Federal Register Liaison Officer. Assess the barriers and systemic issues provided orally or in writing at the [FR Doc. 2011–14399 Filed 6–9–11; 8:45 am] that may affect, and technical solutions scoping meetings, or provided to the BILLING CODE 3810–FF–P available that may improve, the timely DoN during the public commenting delivery and quality of accessible period, will receive the same instructional materials for consideration during EIS/LEIS DEPARTMENT OF EDUCATION postsecondary students with print preparation. disabilities, as well as the effective use Written comments on the scope of the Advisory Commission on Accessible of such materials by faculty and staff; EIS/LEIS should be postmarked no later Instructional Materials in and (II) make recommendations related than September 8, 2011. Comments may Postsecondary Education for Students to the development of a comprehensive be mailed to NAWSCL Land with Disabilities approach to improve the opportunities Withdrawal EIS/LEIS Project Manager for postsecondary students with print AGENCY: U. S. Department of Education, disabilities to access instructional (Attn: Ms. Jo Ellen Anderson), NAVFAC Office of Special Education and Southwest, 1220 Pacific Highway, San materials in specialized formats in a Rehabilitative Services, Advisory time frame comparable to the Diego, California 92132–5178. Commission on Accessible Instructional Comments may also be submitted via availability of instructional materials for Materials in Postsecondary Education postsecondary nondisabled students. the EIS/LEIS Web site located at for Students with Disabilities. http://www.ChinalakeLEIS.com. In making recommendations for the ACTION: Notice of an open meeting via study, the Commission shall consider— Dated: June 3, 2011. conference call. (I) How students with print disabilities D.J. Werner, may obtain instructional materials in Lieutenant Commander, Office of the Judge SUMMARY: The notice sets forth the accessible formats within a time frame Advocate General, U.S. Navy, Alternate schedule and agenda of the meeting of comparable to the availability of Federal Register Liaison Officer. the Advisory Commission on Accessible instructional materials for nondisabled [FR Doc. 2011–14449 Filed 6–9–11; 8:45 am] Instructional Materials in Postsecondary students; and to the maximum extent BILLING CODE 3810–FF–P Education for Students with Disabilities. practicable, at costs comparable to the The notice also describes the functions costs of such materials for nondisabled of the Commission. Notice of the students; (II) the feasibility and DEPARTMENT OF DEFENSE meeting is required by section 10(a)(2) technical parameters of establishing of the Federal Advisory Committee Act standardized electronic file formats, Department of the Navy and is intended to notify the public of such as the National Instructional its opportunity to attend. Materials Accessibility Standard as Notice of Availability of Government- DATES: defined in Section 674(e)(3) of the Owned Inventions; Available for June 24, 2011. Individuals with Disabilities Education Licensing Time: 1:00 p.m.–5:00 p.m., Eastern Standard Time. Act, to be provided by publishers of AGENCY: Department of the Navy, DoD. ADDRESSES: The Commission will meet instructional materials to producers of via conference call on June 24, 2011. materials in specialized formats, ACTION: Notice. Members of the public have the option institutions of higher education, and of participating in the open meeting eligible students; (III) the feasibility of SUMMARY: The invention listed below is establishing a national clearinghouse, assigned to the United States remotely. Remote access will be provided via an Internet webinar service repository, or file-sharing network for Government as represented by the electronic files in specialized formats Secretary of the Navy and is available utilizing VoiP (Voice Over Internet Protocol). The login address for and files used in producing for domestic and foreign licensing by instructional materials in specialized the Department of the Navy. members of the public is https:// aimpsc.ilinc.com/join/wwfvyhk. This formats, and a list of possible entities The following patent is available for login information is also provided via qualified to administer such licensing: U.S. Patent application Serial the Commission’s public listserv at clearinghouse, repository, or network; Number 12/550,684: Fire Fighting [email protected] and posted at (IV) the feasibility of establishing System, filed on August 31, 2009. the following site: http://www2.ed.gov/ market-based solutions involving ADDRESSES: Requests for copies of the about/bdscomm/list/aim/index.html. collaborations among publishers of instructional materials, producers of invention cited should be directed to FOR FURTHER INFORMATION CONTACT: Naval Air Warfare Center Weapons materials in specialized formats, and Elizabeth Shook, Program Specialist, institutions of higher education; (V) Division, Code 498400D, 1900 N. Knox Office of Special Education and Road Stop 6312, China Lake, CA 93555– solutions utilizing universal design; and Rehabilitative Services, United States (VI) solutions for low-incidence, high- 6106 and must include the Navy Case Department of Education, 550 12th number. cost requests for instructional materials Street, SW., Washington, DC 20202; in specialized formats. FOR FURTHER INFORMATION CONTACT: telephone: (202) 245–7642, fax: 202– During the meeting, the Commission Michael D. Seltzer, Ph.D., Head, 245–7638. will discuss the first draft of the final Technology Transfer Office, Naval Air SUPPLEMENTARY INFORMATION: The report. In particular, the Commission Warfare Center Weapons Division, Code Advisory Commission on Accessible will discuss its proposed 498400D, 1900 N. Knox Road Stop 6312, Instructional Materials in Postsecondary recommendations and identify issues China Lake, CA 93555–6106, telephone Education for Students with Disabilities for further discussion at the next in- 760–939–1074, FAX 760–939–1210, E- (the Commission) is established under person meeting on July 11–12, 2011 in mail: [email protected]. Section 772 of the Higher Education Seattle, Washington.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34069

Given the limited meeting time, the Dated: June 6, 2011. a.m. Board members will address the Commission does not anticipate that Alexa Posny, topic of ‘‘Linking NCES and State Data, there will be an opportunity for public Assistant Secretary, Office of Special and Other Initiatives to Create a More comment during the teleconference Education and Rehabilitative Services. Comprehensive Portrait of U.S. Students meeting. Members of the public are [FR Doc. 2011–14417 Filed 6–9–11; 8:45 am] and Schools.’’ Opening remarks by Dr. encouraged to submit written comments BILLING CODE 4000–01–P Jack Buckley, NCES Commissioner, will to the AIM Commission Web site at be followed by Board discussion. A [email protected], and the break will take place from 10:30 to 10:45 Commission will respond to the DEPARTMENT OF EDUCATION a.m. comments if possible. Members of the From 10:45 a.m. to 12:15 p.m., the public who would like to offer National Board for Education Board will consider the topic, ‘‘The ‘Big comments as part of the meeting may Sciences; Meeting Picture’.’’ Board members will engage in submit written comments to a roundtable discussion addressing the AGENCY: U.S. Department of Education, following questions: ‘‘Within the overall [email protected] or by mail to Institute of Education Sciences. Board-approved IES research priorities, Advisory Commission on Accessible ACTION: Notice of an open meeting. what are the most important and Instructional Materials in Postsecondary compelling research questions and SUMMARY: This notice sets forth the Education for Students with Disabilities, topics to address?’’ and ‘‘Where are the 550 12th St., SW., Room PCP–5113, schedule and proposed agenda of an gaps in knowledge the greatest and most Washington, DC 20202. All submissions upcoming meeting of the National Board serious?’’ The meeting will break for will become part of the public record. for Education Sciences. The notice also lunch from 12:15 to 1:15 p.m. Members of the public may also join the describes the functions of the Following lunch the Board will turn Commission’s list serv at Committee. Notice of this meeting is to the topic, ‘‘Communications: What are [email protected]. required by Section 10(a)(2) of the effective ways to communicate key Federal Advisory Committee Act and is Detailed minutes of the meeting, research findings?’’ from 1:15 to 2:45 intended to notify the public of their including summaries of the activities of p.m. After opening remarks by IES opportunity to attend the meeting. the closed sessions and related matters Director John Easton and Dr. John W. that are informative to the public and DATES: June 29, 2011. Time: 8:30 a.m. to Wallace, formerly with MDRC, the consistent with the policy of section 5 5 p.m. Board will discuss the issue, paying U.S.C. 552b(c) will be available to the ADDRESSES: 80 F Street, NW., Room 100, particular attention to two potential public. Records are kept of all Washington, DC 20208. audiences for the research findings: (1) Commission proceedings and are FOR FURTHER INFORMATION CONTACT: Federal, state, and local education available for public inspection at the Monica Herk, Executive Director, policy-makers, and (2) educational Office of Special Education and National Board for Education Sciences, practitioners at the school or classroom Rehabilitative Services, United States 555 New Jersey Ave., NW., Room 602 I, level. An afternoon break from 2:45 to 3 Department of Education, 550 12th Washington, DC, 20208; phone: (202) p.m. will precede a presentation and Street, SW., Washington, DC 20202, 208–3491; fax: (202) 219–1466; e-mail: discussion of ‘‘Low-Cost Randomized Monday–Friday during the hours of 8 [email protected]. Controlled Trials (RCTs) Using Existing a.m. to 4:30 p.m. SUPPLEMENTARY INFORMATION: The Data (e.g., State Test Scores)’’ from 3 to Additional Information: National Board for Education Sciences 4:30 p.m. Dr. Eric Bettinger of Stanford Individuals who will need is authorized by Section 116 of the University and Dr. Robert Slavin of accommodations for a disability in order Education Sciences Reform Act of 2002 Johns Hopkins University and the to listen to the meeting (e.g., (ESRA), 20 U.S.C. 9516. The Board Success for All Foundation will present interpreting services, assistive listening advises the Director of the Institute of brief remarks, followed by Board devices, or material in alternative Education Sciences (IES) on, among discussion. other things, the establishment of format) should notify Elizabeth Shook at At 4:30 p.m. there will be closing activities to be supported by the (202) 245–7642, no later than June 15, remarks and a consideration of next Institute, on the funding for applications 2011. We will make every attempt to steps from the IES Director and NBES for grants, contracts, and cooperative meet requests for accommodations after Chair, with adjournment scheduled for agreements for research after the this date, but, cannot guarantee their 5 p.m. completion of peer review, and reviews availability. The conference call will be Individuals who will need and evaluates the work of the Institute. accommodations for a disability in order accessible to individuals with At this time, the Board consists of ten to attend the meeting (e.g., interpreting disabilities. of fifteen appointed members due to the services, assistance listening devices, or Electronic Access to this Document: expirations of the terms of former materials in alternative format) should You may view this document, as well as members. The Board shall meet and can notify Monica Herk no later than June all other documents of this Department carry out official business because the 15. We will attempt to meet requests for published in the Federal Register, in ESRA states that a majority of the voting accommodations after this date but text or Adobe Portable Document members serving at the time of a cannot guarantee their availability. The Format (PDF) on the Internet at the meeting constitutes a quorum. meeting site is accessible to individuals following site: http://www.ed.gov/news/ On June 29, 2011, starting at 8:30 a.m. with disabilities. fedregister/index.html. To use PDF you the Board will approve the agenda and There will not be an opportunity for must have Adobe Acrobat Reader, hear remarks from the chair, followed public comment. However, members of which is available free at this site. If you by the swearing in of new members. the public are encouraged to submit have questions about using PDF, call the John Easton, IES Director, and the written comments related to NBES to U.S. Government Printing Office (GPO), Commissioners of the national centers Monica Herk (see contact information toll free at 1–866–512–1800; or in the will give an overview of recent above. A final agenda will be available Washington, DC area at 202–512–0000. developments at IES. From 9:15 to 10:30 from Monica Herk (see contact

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34070 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

information above) on June 15 and will Web site: http:// This notice is being published less be posted on the Board Web site www.shalegas.energy.gov. than 15 days prior to the meeting date http://ies.ed.gov/director/board/ due to programmatic issues and SUPPLEMENTARY INFORMATION: agendas/index.asp. members’ availability. Records are kept of all Committee Background: The SEAB was reestablished to provide advice and Issued at Washington, DC on June 6, 2011. proceedings and are available for public Carol A. Matthews, inspection at 555 New Jersey Ave., NW., recommendations to the Secretary on Committee Management Officer. Room 602 K, Washington, DC 20208, the Department’s basic and applied from the hours of 9 a.m. to 5 p.m., research, economic and national [FR Doc. 2011–14436 Filed 6–9–11; 8:45 am] Eastern Standard Time Monday through security policy, educational issues, BILLING CODE 6450–01–P Friday. operational issues and other activities as Electronic Access to This Document: directed by the Secretary. The Natural DEPARTMENT OF ENERGY You may view this document, as well as Gas Subcommittee was established to all other documents of this Department provide advice and recommendations to the Full Board on how to improve the Secretary of Energy Advisory Board, published in the Federal Register, in Natural Gas Subcommittee text or Adobe Portable Document safety and environmental performance Format (PDF) on the Internet at the of natural gas hydraulic fracturing from AGENCY: Department of Energy, DOE. shale formations, thereby harnessing a following site: http://www.ed.gov/news/ ACTION: Notice of open meeting. fed-register/index.html. vital domestic energy resource while To use PDF you must have Adobe ensuring the safety of citizen’s drinking SUMMARY: This notice announces an Acrobat Reader, which is available free water and the health of the open meeting of the Secretary of Energy at this site. If you have questions about environment. President Obama directed Advisory Board (SEAB), Natural Gas using PDF, call the U.S. Government Secretary Chu to convene this group as Subcommittee. SEAB was reestablished Printing Office (GPO), toll free at 1–866– part of the President’s ‘‘Blueprint for a pursuant to the Federal Advisory 512–1800; or in the Washington, DC, Secure Energy Future’’—a Committee Act (Pub. L. 92–463, 86 Stat. area at (202) 512–0000. comprehensive plan to reduce 770) (the Act). This notice is provided America’s oil dependence, save in accordance with the Act. Note: The official version of this document consumers money, and to make our is the document published in the Federal DATES: country the leader in clean energy Tuesday, June 28, 2011; 10 a.m.– Register. Free Internet access to the official 12 p.m. 1:30 p.m.–4 p.m. edition of the Federal Register and the Code industries. ADDRESSES: of Federal Regulations is available on GPO Purpose of the Meeting: The purpose Department of Energy, 1000 Access at: http://www.gpoaccess.gov/nara/ of this meeting is to allow Independence Avenue, SW., index.html. Subcommittee members to hear directly Washington, DC 20585. from natural gas stakeholders. FOR FURTHER INFORMATION CONTACT: Dated: June 6, 2011. Tentative Agenda: The meeting will Renee Stone, Deputy Designated Federal John Q. Easton, start at 7 p.m. on Monday, June 13, Officer, U.S. Department of Energy, Director, Institute of Education Sciences. 2011. The tentative meeting agenda 1000 Independence Avenue, SW., [FR Doc. 2011–14423 Filed 6–9–11; 8:45 am] includes a technical presentation on Washington, DC 20585; e-mail to: BILLING CODE 4000–01–P long-lateral hydraulic fracturing. From [email protected] or at the following approximately 7:15 p.m. to 9 p.m., the Web site: http:// Subcommittee will hear comments from www.shalegas.energy.gov. DEPARTMENT OF ENERGY members of the public. The meeting will SUPPLEMENTARY INFORMATION: conclude at 9 p.m. Background: The SEAB was Secretary of Energy Advisory Board Public Participation: The meeting is reestablished to provide advice and Natural Gas Subcommittee open to the public. Space is limited. recommendations to the Secretary on Individuals and representatives of the Department’s basic and applied AGENCY: Department of Energy, DOE. organizations who would like to offer research, economic and national ACTION: Notice of open meeting. comments and suggestions may do so on security policy, educational issues, Monday, June 13, 2011. Approximately SUMMARY: This notice announces an operational issues and other activities as 105 minutes will be reserved for public open meeting of the Secretary of Energy directed by the Secretary. The Natural comments. Time allotted per speaker Advisory Board (SEAB) Natural Gas Gas Subcommittee was established to will depend on the number of Subcommittee. SEAB was reestablished provide advice and recommendations to individuals who wish to speak, but will pursuant to the Federal Advisory the Full Board on how to improve the not exceed 2 minutes. The Designated Committee Act (Pub. L. 92–463, 86 Stat. safety and environmental performance Federal Officer is empowered to 770) (the Act). This notice is provided of natural gas hydraulic fracturing from conduct the meeting in a fashion that in accordance with the Act. shale formations, thereby harnessing a will facilitate the orderly conduct of vital domestic energy resource while DATES: Monday, June 13, 2011; 7 p.m.– business. Those wishing to speak ensuring the safety of citizen’s drinking 9 p.m. should register to do so beginning at water and the health of the ADDRESSES: Washington & Jefferson 6:30 p.m. on June 13, 2011. environment. President Obama directed College, 60 South Lincoln Street, Those not able to attend the meeting Secretary Chu to convene this group as Washington, Philadelphia 15301. or have insufficient time to address the part of the President’s ‘‘Blueprint for a FOR FURTHER INFORMATION CONTACT: committee are invited to send a written Secure Energy Future’’—a Renee Stone, Deputy Designated Federal statement to Renee Stone, U.S. comprehensive plan to reduce Officer, U.S. Department of Energy, Department of Energy, 1000 America’s oil dependence, save 1000 Independence Avenue, SW., Independence Avenue, SW., consumers money, and to make our Washington, DC 20585; e-mail to: Washington DC 20585, or by e-mail to: country the leader in clean energy [email protected] or at the following [email protected]. industries.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34071

Purpose of the Meeting: The purpose Stat. 770) (the Act). This notice is Approximately 30 minutes will be of this meeting is to allow provided in accordance with the Act. reserved for public comments. Time Subcommittee members to hear directly DATES: Wednesday, July 13, 2011; 10 allotted per speaker will depend on the from natural gas stakeholders. a.m.–12 p.m. 1:30 p.m.–4 p.m. number of individuals who wish to Tentative Agenda: The meeting will ADDRESSES: Department of Energy, 1000 speak but will not exceed 5 minutes. start at 10 a.m. and will conclude at 4 Independence Avenue, SW., The Designated Federal Officer is p.m. on June 28, 2011. The tentative Washington, DC 20585. empowered to conduct the meeting in a meeting agenda includes presentations FOR FURTHER INFORMATION CONTACT: fashion that will facilitate the orderly from shale gas stakeholders and experts. Renee Stone, Deputy Designated Federal conduct of business. Those wishing to Public Participation: The meeting is Officer, U.S. Department of Energy, speak should register to do so beginning open to the public. Individuals who 1000 Independence Avenue, SW., at 9:30 a.m. on July 13, 2011. would like to attend must RSVP no later Washington, DC 20585; e-mail to: Those not able to attend the meeting than 5 p.m. on Friday, June 24, 2011, by [email protected] or at the following or have insufficient time to address the e-mail to: [email protected]. An Web site: http:// committee are invited to send a written early confirmation of attendance will www.shalegas.energy.gov. statement to Renee Stone, U.S. help facilitate access to the building Department of Energy, 1000 SUPPLEMENTARY INFORMATION: more quickly. Please provide your Independence Avenue, SW., Background: The SEAB was name, organization, citizenship and Washington DC 20585; or by e-mail to: reestablished to provide advice and contact information. Space is limited. [email protected], or post on the recommendations to the Secretary on Anyone attending the meeting will be Subcommittee’s Web site: http:// the Department’s basic and applied required to present government-issued www.shalegas.energy.gov. identification. Individuals and research, economic and national Issued in Washington, DC on June 6, 2011. representatives of organizations who security policy, educational issues, would like to offer comments and operational issues and other activities as LaTanya R. Butler, suggestions may do so at the end of the directed by the Secretary. The Natural Acting Deputy Committee Management meeting on Tuesday, June 28, 2011. Gas Subcommittee was established to Officer. Approximately 30 minutes will be provide advice and recommendations to [FR Doc. 2011–14439 Filed 6–9–11; 8:45 am] reserved for public comments. Time the Full Board on how to improve the BILLING CODE P allotted per speaker will depend on the safety and environmental performance number of individuals who wish to of natural gas hydraulic fracturing from speak but will not exceed 5 minutes. shale formations, thereby harnessing a DEPARTMENT OF ENERGY The Designated Federal Officer is vital domestic energy resource while ensuring the safety of citizen’s drinking Federal Energy Regulatory empowered to conduct the meeting in a Commission fashion that will facilitate the orderly water and the health of the conduct of business. Those wishing to environment. President Obama directed [Project No. 14107–000] speak should register to do so beginning Secretary Chu to convene this group as at 9:30 a.m. on June 28, 2011. part of the President’s ‘‘Blueprint for a Lock Hydro Friends Fund I; Notice of Those not able to attend the meeting Secure Energy Future’’—a Preliminary Permit Application or have insufficient time to address the comprehensive plan to reduce Accepted for Filing and Soliciting committee are invited to send a written America’s oil dependence, save Comments, Motions To Intervene, and statement to Renee Stone, U.S. consumers money, and to make our Competing Applications country the leader in clean energy Department of Energy 1000 On March 4, 2011, Lock Hydro Independence Avenue, SW., industries. Purpose of the Meeting: The purpose Friends Fund I, filed an application, Washington DC 20585; or by e-mail to: pursuant to section 4(f) of the Federal [email protected], or post on the of this meeting is to allow Subcommittee members to hear directly Power Act, proposing to study the Subcommittee’s Web site: http:// feasibility of hydropower at the City of www.shalegas.energy.gov. from natural gas stakeholders. Tentative Agenda: The meeting will Austin’s Longhorn Dam located on the Issued in Washington, DC on June 6, 2011. start at 10 a.m. and will conclude at 4 Lower Colorado River in Travis County, LaTanya R. Butler, p.m. on July 13, 2011. The tentative Texas. The sole purpose of a Acting Deputy Committee Management meeting agenda includes presentations preliminary permit, if issued, is to grant Officer. from shale gas stakeholders and experts. the permit holder priority to file a [FR Doc. 2011–14438 Filed 6–9–11; 8:45 am] Public Participation: The meeting is license application during the permit BILLING CODE P open to the public. Individuals who term. A preliminary permit does not would like to attend must RSVP no later authorize the permit holder to perform than 5 p.m. on Monday, July 11, 2011, any land-disturbing activities or DEPARTMENT OF ENERGY by e-mail to: [email protected]. An otherwise enter upon lands or waters early confirmation of attendance will owned by others without the owners’ Secretary of Energy Advisory Board, help facilitate access to the building express permission. Natural Gas Subcommittee; Meeting more quickly. Please provide your The proposed project would consist of AGENCY: Department of Energy, DoE. name, organization, citizenship and the following: (1) The existing 506-foot- ACTION: Notice of open meeting. contact information. Space is limited. long, 36-foot-high Longhorn dam; (2) the Anyone attending the meeting will be existing reservoir with a surface area of SUMMARY: This notice announces an required to present government-issued 525.0 acres and a storage capacity of open meeting of the Secretary of Energy identification. Individuals and 6,000 acre-feet; (3) two prefabricated Advisory Board (SEAB), Natural Gas representatives of organizations who concrete walls attached to the Subcommittee. SEAB was reestablished would like to offer comments and downstream side of the dam which pursuant to the Federal Advisory suggestions may do so at the end of the would support one power stack, also Committee Act (Pub. L. No. 92–463, 86 meeting on Wednesday, July 13, 2011. known as, a frame module; (4) the frame

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34072 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

module would contain 2 generating DEPARTMENT OF ENERGY treated as an application for units with a total combined capacity of authorization pursuant to section 7 of 2.2 megawatts (MW); (5) a new Federal Energy Regulatory the NGA. switchyard containing a transformer; (6) Commission Persons who wish to comment only a proposed 300-feet-long, 13-kilovolt [Docket No. CP11–489–000] on the environmental review of this (kV) transmission line to an existing project should submit an original and distribution line. The proposed project Midwestern Gas Transmission two copies of their comments to the would have an average annual Company; Notice of Request Under Secretary of the Commission. generation of 10.6 megawatt-hours Blanket Authorization Environmental commenter’s will be placed on the Commission’s (MWh), which would be sold to a local Take notice that on May 19, 2011, utility. environmental mailing list, will receive Midwestern Gas Transmission Company copies of the environmental documents, Applicant Contact: Mr. Wayne (Midwestern) filed a prior notice request and will be notified of meetings Krouse, Hydro Green Energy LLC, 5090 for authorization, in accordance with 18 associated with he Commission’s Richmond Avenue #390, Houston, TX CFR 157.205 and 157.208 of the Federal environmental review process. 77056; phone (877) 556–6566 x709. Energy Regulatory Commission’s Environmental commenter’s will not be FERC Contact: Michael Spencer, (202) (Commission) Regulations under the required to serve copies of filed 502–6093. Natural Gas Act for the authority to documents on all other parties. construct, own and operate However, the non-party commentary, Deadline for filing comments, motions approximately 1.2 miles of new 30-inch to intervene, competing applications will not receive copies of all documents diameter natural gas pipeline, abandon filed by other parties or issued by the (without notices of intent), or notices of in place approximately 1.1 miles of intent to file competing applications: 60 Commission (except for the mailing of existing 30-inch diameter natural gas environmental documents issued by the days from the issuance of this notice. pipeline, and remove approximately 100 Commission) and ill not have the right Competing applications and notices of feet of 30-inch diameter natural gas to seek court review of the intent must meet the requirements of 18 pipeline in Will County, Illinois. Commission’s final order. CFR 4.36. Comments, motions to Midwestern also seeks to install a new The Commission strongly encourages intervene, notices of intent, and stopple fitting located adjacent to its electronic filings of comments, protests, competing applications may be filed existing REXALL meter station. and interventions via the internet in lieu electronically via the Internet. See 18 Midwestern estimates the total cost of of paper. See 18 CFR 385.2001(a)(1)(iii) CFR 385.2001(a)(1)(iii) and the the proposed project to be $10,194,000, and the instructions on the all as more fully set forth in the instructions on the Commission’s Web Commission’s Web site (www.ferc.gov) application, which is open to the public site http://www.ferc.gov/docs-filing/ under the ‘‘e-Filing’’ link. Persons for inspection. The filing may also be efiling.asp. Commenters can submit unable to file electronically should viewed on the web at http:// brief comments up to 6,000 characters, submit an original and 14 copies of the www.ferc.gov using the ‘‘eLibrary’’ link. without prior registration, using the protest or intervention to the Federal Enter the docket number excluding the eComment system at http:// Energy regulatory Commission, 888 last three digits in the docket number www.ferc.gov/docs-filing/ First Street, NE., Washington, DC 20426. ecomment.asp. You must include your field to access the document. For Dated: June 3, 2011. name and contact information at the end assistance, contact FERC at of your comments. For assistance, [email protected] or call Kimberly D. Bose, please contact FERC Online Support at toll-free, (866) 208–3676 or TTY, (202) Secretary. [email protected]; call toll- 502–8659. [FR Doc. 2011–14385 Filed 6–9–11; 8:45 am] free at (866) 208–3676; or, for TTY, Any questions regarding this prior BILLING CODE 6717–01–P contact (202) 502–8659. Although the notice should be directed to Joseph Commission strongly encourages Miller, Midwestern Gas Transmission electronic filing, documents may also be Company, 100 West 5th Street, ONEOK ENVIRONMENTAL PROTECTION paper-filed. To paper-file, mail an Plaza, Tulsa, Oklahoma 74103, or AGENCY telephone (918) 588–7057, or by fax original and seven copies to: Kimberly (918) 588–7890, or by e-mail [ER–FRL–8997–4] D. Bose, Secretary, Federal Energy [email protected]. Regulatory Commission, 888 First Any person may, within 60 days after Environmental Impacts Statements; Street, NE., Washington, DC 20426. the issuance of the instant notice by the Notice of Availability More information about this project, Commission, file pursuant to Rule 214 Responsible Agency: Office of Federal including a copy of the application, can of the Commission’s Procedural Rules Activities, General Information (202) be viewed or printed on the ‘‘eLibrary’’ (18 CFR 385.214) a motion to intervene 564–1399 or http://www.epa.gov/ link of the Commission’s Web site at or notice of intervention. Any person compliance/nepa/. http://www.ferc.gov/docs-filing/ filing to intervene or the Commission’s Weekly receipt of Environmental Impact elibrary.asp. Enter the docket number staff may, pursuant to section 157.205 of Statements (P–14107–000) in the docket number the Commission’s Regulations under the Filed 05/30/2011 Through 06/03/2011 field to access the document. For NGA (18 CFR 157.205) file a protest to Pursuant to 40 CFR 1506.9 assistance, contact FERC Online the request. If no protest is filed within Support. the time allowed therefore, the proposed Notice Dated: May 31, 2011. activity shall be deemed to be In accordance with Section 309(a) of authorized effective the day after the the Clean Air Act, EPA is required to Kimberly D. Bose, time allowed for protest. If a protest is make its comments on EISs issued by Secretary. filed and not withdrawn within 30 days other Federal agencies public. [FR Doc. 2011–14384 Filed 6–9–11; 8:45 am] after the time allowed for filing a Historically, EPA met this mandate by BILLING CODE 6717–01–P protest, the instant request shall be publishing weekly notices of availability

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34073

of EPA comments, which includes a Summit County, CO, Comment Period Dated: June 7, 2011. brief summary of EPA’s comment Ends: 07/25/2011, Contact: Jan Cutts Cliff Rader, letters, in the Federal Register. Since 970–262–3451. Acting Director, NEPA Compliance Division, February 2008, EPA has included its EIS No. 20110180, Draft Supplement, Office of Federal Activities. comment letters on EISs on its Web site BLM, UT, Greater Natural Buttes Area [FR Doc. 2011–14437 Filed 6–9–11; 8:45 am] at: http://www.epa.gov/compliance/ Gas Development Project, New BILLING CODE 6560–50–P nepa/eisdata.html. Including the entire Information on National Ambient Air EIS comment letters on the Web site Quality Standards and New satisfies the Section 309(a) requirement Monitoring Data, Proposes to Develop to make EPA’s comments on EISs Oil and Gas Resources within the FEDERAL DEPOSIT INSURANCE available to the public. Accordingly, on 162–911–Acre, Uintah County, UT, CORPORATION March 31, 2010, EPA discontinued the Comment Period Ends: 07/25/2011, publication of the notice of availability Contact: Stephanie Howard 435–781– Update to Notice of Financial of EPA comments in the Federal 4469. Institutions for Which the Federal Register. EIS No. 20110181, Final EIS, USACE, Deposit Insurance Corporation Has LA, New Orleans To Venice (NOV), EIS No. 20110176, Draft EIS, BLM, NV, Been Appointed Either Receiver, Louisiana, Hurricane Risk Reduction Liquidator, or Manager Clark, Lincoln, and White Pine Project, Incorporation of Non-Federal Counties Groundwater Development Levees from Oakville to St. Jude, AGENCY: Federal Deposit Insurance Project, Construction and Operation Plaquemines Parish, LA, Review Corporation. of Pipeline System and Associated Period Ends: 07/11/2011, Contact: Infrastructure, Right-of-Way ACTION: Update Listing of Financial Christopher Koeppel 601–631–5410. Institutions in Liquidation. Application, Clark, Lincoln, White EIS No. 20110182, Final EIS, WAPA, Pine, NV, Comment Period Ends: CA, Rice Solar Energy Project, SUMMARY: Notice is hereby given that 09/08/2011, Contact: Penny Woods Proposed 150 megawatt Solar Energy the Federal Deposit Insurance 775–861–6466. Generating Facility, 161-kV/230-kV Corporation (Corporation) has been EIS No. 20110177, Draft EIS, NOAA, 00, Electrical Transmission Tie-Line and appointed the sole receiver for the Reef Fish Amendment 32, Gag— 161-kV/230-kV Electrical following financial institutions effective Rebuilding Plan, Annual Catch Interconnection Switchyard, as of the Date Closed as indicated in the Limits, Management Measures, Red Riverside County, CA, Review Period listing. This list (as updated from time Grouper—Annual Catch Limits, Ends: 07/11/2011, Contact: Liana to time in the Federal Register) may be Management Measures, Grouper Reilly 720–962–7253. relied upon as ‘‘of record’’ notice that the Accountability Measures, Gulf of Corporation has been appointed receiver Mexico, Comment Period Ends: Amended Notices for purposes of the statement of policy 07/25/2011, Contact: Roy E. Crabtree EIS No. 20110168, Draft Supplement, published in the July 2, 1992 issue of PhD 727–824–5301. USFS, ID, Bussel 484 Project Area, the Federal Register (57 FR 29491). For Updated and New Information, EIS No. 20110178, Draft EIS, NRC, FL, further information concerning the Manage the Project Area to Achieve Generic—License Renewal of Nuclear identification of any institutions which Desired Future Conditions for Plants Regarding Crystal River Unit 3 have been placed in liquidation, please Vegetation, Fire, Fuels, Recreation, Nuclear Generating Unit, Supplement visit the Corporation Web site at http:// Access, Wildlife, Fisheries, Soil and 44, City of Crystal River, Citrus www.fdic.gov/bank/individual/failed/ Water, Idaho Panhandle National County, FL, Comment Period Ends: banklist.html or contact the Manager of Forest, St. Joe Ranger District, 07/25/2011, Contact: Daniel Doyle Receivership Oversight in the Shoshone County, ID, Comment 301–415–3748. appropriate service center. EIS No. 20110179, Draft EIS, USFS, CO, Period Ends: 07/18/2011, Contact: Ski Resort Peak 6 Project, To Better Lynette Myhre 208–245–2531. Dated: June 6, 2011. Accommodate Existing Daily Revision to FR Notice Published Federal Deposit Insurance Corporation. Visitation Levels, Dillon Ranger 06/03/2011: Correction to Contact Pamela Johnson, District, White River National Forest, Telephone Number. Regulatory Editing Specialist.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10369 ...... Atlantic Bank and Trust ...... Charleston ...... SC ...... 06/03/2011

[FR Doc. 2011–14403 Filed 6–9–11; 8:45 am] PLACE: 999 E Street, NW., Washington, Corporations and Labor BILLING CODE 6714–01–P DC (Ninth Floor). Organizations. STATUS: This meeting will be open to the Draft Notice of Availability for public. Rulemaking Petition by James FEDERAL ELECTION COMMISSION Madison Center for Free Speech. ITEMS TO BE DISCUSSED: Draft Notice of Availability for Sunshine Act Notice Correction and Approval of the Minutes Rulemaking Petition by for the Meeting of May 26, 2011. Representative Chris Van Hollen. AGENCY: Federal Election Commission. Draft Notice of Proposed Rulemaking on Draft Advisory Opinion 2011–08: DATE AND TIME: Wednesday, June 15, Independent Expenditures and American Society of 2011 at 10 a.m. Electioneering Communications by Anesthesiologists.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34074 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Draft Advisory Opinion 2011–09: Advisory Council on May 23, 2011. The Secretary shall appoint one of the Facebook. HHS is soliciting nominations for non- members to serve as the Chair. Members Draft Advisory Opinion 2011–10: POET, Federal members of the Advisory shall be invited to serve for overlapping LLC, POET PAC, and Sioux River Council. Nominations should include 4 year terms, except that any member Ethanol, LLC (d/b/a POET the nominee’s contact information appointed to fill a vacancy for an Biorefining-Hudson). (current mailing address, e-mail unexpired term shall be appointed for Audit Division Recommendation address, and telephone number) and a the remainder of such term. A member Memorandum on the United current curriculum vitae or resume. may serve after the expiration of the Association Political Education DATES: Submit nominations by e-mail or member’s term until a successor has Committee (UAPEC) (A09–27). USPS mail before COB on June 30, 2011. taken office. Members will serve as Future Meeting Dates. ADDRESSES: Nominations should be sent Special Government Employees. Management and Administrative to Helen Lamont at Dated: June 3, 2011. Matters. [email protected]; Helen Lamont, Sherry Glied, Individuals who plan to attend and Ph.D., Office of the Assistant Secretary Assistant Secretary for Planning and require special assistance, such as sign for Planning and Evaluation, Room 424E Evaluation. language interpretation or other Humphrey Building, Department of [FR Doc. 2011–14366 Filed 6–9–11; 8:45 am] reasonable accommodations, should Health and Human Services, 200 BILLING CODE P contact Shawn Woodhead Werth, Independence Avenue, SW., Commission Secretary and Clerk, at Washington, DC 20201. (202) 694–1040, at least 72 hours prior Comments DEPARTMENT OF HEALTH AND to the hearing date. HUMAN SERVICES PERSON TO CONTACT FOR INFORMATION: FOR FURTHER INFORMATION CONTACT: Judith Ingram, Press Officer, Telephone: Helen Lamont (202) 690–7996, Final Effect of Designation of a Class (202) 694–1220. [email protected]. of Employees for Addition to the Special Exposure Cohort Shawn Woodhead Werth, SUPPLEMENTARY INFORMATION: The Secretary and Clerk of the Commission. Advisory Council on Alzheimer’s AGENCY: National Institute for Research, Care, and Services shall meet [FR Doc. 2011–14583 Filed 6–8–11; 4:15 pm] Occupational Safety and Health quarterly to discuss programs that BILLING CODE 6715–01–M (NIOSH), Department of Health and impact people with Alzheimer’s disease Human Services (HHS). and related dementias and their ACTION: Notice. caregivers. The Advisory Council shall DEPARTMENT OF HEALTH AND make recommendations about ways to SUMMARY: HHS gives notice concerning HUMAN SERVICES reduce the financial impact of the final effect of the HHS decision to Office of the Assistant Secretary for Alzheimer’s disease and related designate a class of employees from Planning and Evaluation; Advisory dementias and to improve the health Grand Junction Operations Office, Council on Alzheimer’s Research, outcomes of people with these Grand Junction, Colorado, as an Care, and Services conditions. The Advisory Council shall addition to the Special Exposure Cohort provide feedback on a National Plan for (SEC) under the Energy Employees AGENCY: Office of the Assistant Alzheimer’s disease. On an annual Occupational Illness Compensation Secretary for Planning and Evaluation, basis, the Advisory Council shall Program Act of 2000. On April 29, 2011, Department of Health and Human evaluate the implementation of the as provided for under 42 U.S.C. Services. recommendations through an updated 7384q(b), the Secretary of HHS ACTION: Notice of establishment of the national plan. designated the following class of Advisory Council on Alzheimer’s The Advisory Council shall consist of employees as an addition to the SEC: at least 22 members. Ten members will Research, Care, and Services and All employees of the Department of request for nominations. be designees from Federal agencies Energy, its predecessor agencies, and its including the Centers for Disease contractors and subcontractors who worked SUMMARY: The National Alzheimer’s Control and Prevention, Administration at the Grand Junction Operations Office from Project Act, Public Law 111–375 (42 on Aging, Centers for Medicare and March 23, 1943 through January 31, 1975, for U.S.C. 11225), requires that the Medicaid Services, Indian Health a number of work days aggregating at least Secretary of Health and Human Services Service, Office of the Director of the 250 work days, occurring either solely under (HHS) establish the Advisory Council National Institutes of Health, National this employment or in combination with on Alzheimer’s Research, Care, and Science Foundation, Department of work days within the parameters established Services. The Advisory Council is Veterans Affairs, Food and Drug for one or more other classes of employees in the SEC. governed by provisions of Public Law Administration, Agency for Healthcare 92–463 (5 U.S.C. Appendix 2), which Research and Quality, and the Surgeon This designation became effective on sets forth standards for the formation General. May 29, 2011, as provided for under 42 and use of advisory committees. The The Advisory Council shall also U.S.C. 7384l(14)(C). Hence, beginning Secretary of HHS has determined that consist of 12 non-federal members on May 29, 2011, members of this class establishment of the Advisory Council selected by the Secretary who are of employees, defined as reported in on Alzheimer’s Research, Care, and Alzheimer’s patient advocates (2), this notice, became members of the Services is desirable to provide advice Alzheimer’s caregivers (2), health care Special Exposure Cohort. and consultation to the Secretary on providers (2), representatives of State FOR FURTHER INFORMATION CONTACT: how to prevent or reduce the burden of health departments (2), researchers with Stuart L. Hinnefeld, Director, Division Alzheimer’s disease and related Alzheimer’s-related expertise in basic, of Compensation Analysis and Support, dementias on people with the disease translational, clinical, or drug National Institute for Occupational and their caregivers. The Secretary development science (2), and voluntary Safety and Health (NIOSH), 4676 signed the charter establishing the health association representatives (2). Columbia Parkway, MS C–46,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34075

Cincinnati, OH 45226, Telephone 877– Secretary for Health, Office of the test, and implementation of logistics 222–7570. Information requests can also Secretary, U.S. Department of Health management systems; (5) represents be submitted by e-mail to and Human Services, 1101 Wootton CDC on inter- and intra-departmental [email protected]. Parkway, Tower Building, Suite 250, committees relevant to logistical Rockville, MD 20852. functions; (6) serves as the CDC liaison John Howard, Dated: June 2, 2011. to HHS and other federal agencies on Director, National Institute for Occupational logistical matters such as property, Safety and Health. Jerry A. Holmberg, transportation and traffic management; Senior Advisor for Blood Policy, Executive [FR Doc. 2011–14353 Filed 6–9–11; 8:45 am] and (7) establishes branch goals, BILLING CODE 4163–19–P Secretary of the Advisory Committee Safety and Availability. objectives and priorities, and assures consistency and coordination with [FR Doc. 2011–14124 Filed 6–9–11; 8:45 am] overall Procurement and Grants Office DEPARTMENT OF HEALTH AND BILLING CODE 4150–41–M logistical goals and objectives. HUMAN SERVICES Dated: May 26, 2011. Request for Information (RFI) To DEPARTMENT OF HEALTH AND Carlton Duncan, Identify and Obtain Relevant HUMAN SERVICES Acting Chief Operating Officer Centers for Information From Public or Private Disease Control and Prevention. Centers for Disease Control and Entities With an Interest in [FR Doc. 2011–14126 Filed 6–9–11; 8:45 am] Prevention Biovigilance; Extension BILLING CODE 4160–18–M AGENCY: Department of Health and Statement of Organization, Functions, Human Services, Office of the Secretary, and Delegations of Authority DEPARTMENT OF HEALTH AND Office of the Assistant Secretary for HUMAN SERVICES Health. Part C (Centers for Disease Control and Prevention) of the Statement of ACTION: Notice. Organization, Functions, and Centers for Medicare & Medicaid Services SUMMARY: This extension of time to Delegations of Authority of the respond to the previously published Department of Health and Human [Document Identifier CMS–370, CMS–377, Request For Information (RFI) seeks to Services (45 FR 67772–76, dated and CMS–378; CMS–381; CMS–10145; and provide additional opportunities for October 14, 1980, and corrected at 45 FR CMS–10362] potential stakeholders to identify and 69296, October 20, 1980, as amended obtain relevant information regarding most recently at 76 FR 30174–30175, Agency Information Collection the possible development of a public- dated May 24, 2011) is amended to Activities: Submission for OMB private partnership (PPP) designed to reflect the reorganization of Review; Comment Request facilitate the identification of risks and Procurement and Grants Office. Section C–B, Organization and AGENCY: Centers for Medicare & strategies to assure safety of the U.S. Medicaid Services. supply of blood and blood components, Functions, is hereby amended as In compliance with the requirement tissues, cells, and organs. The original follows: of section 3506(c)(2)(A) of the RFI was published in the Federal Delete in their entirety the title and Paperwork Reduction Act of 1995, the Register in Vol. 76, No. 79 on Monday the functional statement for the Materiel Centers for Medicare & Medicaid April 25, 2011, titled, ‘‘Request for Management Activity (CAJH12), Office Services (CMS), Department of Health Information (RFI) to Identify and Obtain of the Director (CAJH1). and Human Services, is publishing the Relevant Information from Public or Following the title and functional following summary of proposed Private Entities with an Interest in statement for the Acquisition & collections for public comment. Biovigilance.’’ An extension is being Assistance Branch VIII (CAJHV), insert Interested persons are invited to send provided to all who cannot make the the following: Logistics Management Branch comments regarding this burden original deadline of June 9, 2011. The (CAJHW). (1) Develops and implements estimate or any other aspect of this extension is until June 30, 2011. CDC-wide policies, procedures, and collection of information, including any DATES: Responses are encouraged by the criteria necessary to comply with of the following subjects: (1) The original June 9, 2011 deadline; however, federal and departmental regulations necessity and utility of the proposed if an extension is required it will be governing personal property, information collection for the proper provided until June 30, 2011 (4 p.m. transportation, shipping, and fleet performance of the Agency’s function; EDT). Please notify us if you intend to management; (2) determines, (2) the accuracy of the estimated respond by the extended date (4 p.m. recommends, and implements burden; (3) ways to enhance the quality, EDT on June 30, 2011 at the address procedural changes needed to maintain utility, and clarity of the information to listed below). effective management of CDC property be collected; and (4) the use of ADDRESSES: All responses should be including but not limited to: inventory automated collection techniques or emailed to [email protected] control; property records; receipt, other forms of information technology to (attention Dr. Jerry Holmberg). Please delivery, tracking, shipping and return minimize the information collection limit responses to 10 pages. Include in of CDC materiel; property reutilization burden. the subject line, the following and disposal; transportation of freight; 1. Type of Information Collection information: and CDC’s vehicle fleet; (3) provides Request: Revision of a currently • Name of the institution or site. • audits, training and technical assistance approved collection; Titles of Respondent, title, and full contact to CDC Centers/Institute/Offices on Information Collection: (CMS–370) information. property, transportation, shipping, and Health Insurance Benefits Agreement, FOR FURTHER INFORMATION CONTACT: Dr. fleet management; (4) determines the (CMS–377) ASC Request for Jerry Holmberg, Senior Advisor for requirement for and serves as the Certification or Update of Certification Blood Safety, Office of the Assistant functional proponent for the design, Information in the Medicare Program,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34076 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

and (CMS–378) Ambulatory Surgical currently approved collection; Title of State, local, or Tribal Governments; Center (ASC) Survey Report Form; Use: Information Collection: Medicare Part B Number of Respondents: 459; Total CMS–370 has not been revised and will Drug and Biological Competitive Annual Responses: 459; Total Annual continue to be used to establish Acquisition Program (CAP) and Hours: 803. (For policy questions eligibility for payment under Title XVIII Supporting Regulations in 42 CFR regarding this collection contact Ellen of the Social Security Act (the ‘‘Act’’). As Sections 414.906, 414.908, 414.910, Blackwell at 410–786–4498. For all revised, CMS–377 will be used to 414.914, 414.916, and 414.917; Use: other issues call 410–786–1326.) collect facility-specific characteristics Section 303(d) of the Medicare To obtain copies of the supporting that facilitate CMS’ oversight of ASCs. Prescription Drug, Improvement, and statement and any related forms for the The data also enables CMS to respond Modernization Act of 2003 (MMA) proposed paperwork collections to inquiries from the Congress, GAO, provides an alternative payment referenced above, access CMS Web Site and the OIG concerning the methodology for Part B covered drugs address at http://www.cms.hhs.gov/ characteristics of Medicare-participating that are not paid on a cost or PaperworkReductionActof1995, or ASCs. The data base that supports prospective payment basis. In e-mail your request, including your survey and certification activities will particular, Section 303(d) of the MMA address, phone number, OMB number, be revised to reflect changes in the data amends Title XVIII of the Social and CMS document identifier, to fields on this revised form, such as the Security Act by adding a new section [email protected], or call the data on the types of surgical procedures 1847B, which establishes a competitive Reports Clearance Office on (410) 786– performed in the ASC. CMS–378 will be acquisition program for the acquisition 1326. discontinued since it duplicates of and payment for Part B covered drugs To be assured consideration, information collected by other means; and biologicals furnished on or after comments and recommendations for the Form Numbers: CMS–370, –377 and January 1, 2006. Since its inception, proposed information collections must –378 (OCN: 0938–0266); Frequency: additional legislation has augmented the be received by the OMB desk officer at Occasionally; Affected Public: Private CAP. Section 108 of the Medicare the address below, no later than 5 p.m. Sector: Business or other for-profit and Improvements and Extension Act under on July 11, 2011. Not-for-profit institutions; Number of Division B, Title I of the Tax Relief OMB, Office of Information and Respondents: 7,213; Total Annual Health Care Act of 2006 (MIEA–TRHCA) Regulatory Affairs, Attention: CMS Desk Responses: 1,795; Total Annual Hours: amended Section 1847b(a)(3) of the Officer, Fax Number: (202) 395–6974, E- 648. (For policy questions regarding this Social Security Act and requires that mail: [email protected]. collection contact Gail Vong at 410– CAP implement a post payment review 786–0787. For all other issues call 410– Dated: June 3, 2011. process. This procedure is done to Michelle Shortt, 786–1326.) assure that payment is made for a drug 2. Type of Information Collection Director, Regulations Development Group, or biological under this section only if Office of Strategic Operations and Regulatory Request: Extension of a currently the drug or biological has been approved collection; Title of Affairs. administered to a beneficiary. Form [FR Doc. 2011–14226 Filed 6–9–11; 8:45 am] Information Collection: Identification of Number: CMS–10145 (OCN: 0938– BILLING CODE 4120–01–P Extension Units of Medicare Approved 0945); Frequency: Weekly, quarterly and Outpatient Physical Therapy/Outpatient occasionally; Affected Public: Private Speech Pathology (OPT/OSP) Providers sector—Business or other for-profit and and Supporting Regulations in 42 CFR DEPARTMENT OF HEALTH AND Not-for-profit institutions; Number of 485.701–485.729; Use: The collected HUMAN SERVICES Respondents: 3000; Total Annual information is used in conjunction with Responses: 156,020; Total Annual Centers for Medicare & Medicaid 42 CFR 485.701 through 485.729 Hours: 31,208. (For policy questions governing the operation of providers of Services regarding this collection contact Karen outpatient physical therapy and speech- [Document Identifier CMS–10393] Hill at 410–786–5607. For all other language pathology services. The issues call 410–786–1326.) provider uses the form to report to the Agency Information Collection State survey agency extension locations 4. Type of Information Collection Activities: Proposed Collection; that it has added since the date of last Request: New collection; Title of Comment Request report. The form is used by the State Information Collection: Autism survey agencies and by the CMS Spectrum Disorders (ASD): State of the AGENCY: Centers for Medicare & regional offices to identify and monitor States Services and Supports for People Medicaid Services, HHS. extension locations to ensure their with ASD; Use: The information that is In compliance with the requirement compliance with the Federal collected in the interviews will be used of section 3506(c)(2)(A) of the requirements for the providers of to communicate additional information Paperwork Reduction Act of 1995, the outpatient physical therapy and speech- about services available to people with Centers for Medicare & Medicaid language pathology services; Form ASD and the public policy issues that Services (CMS) is publishing the Number: CMS–381 (OMB #: 0938– affect people with ASD to key following summary of proposed 0273); Frequency: Annually; Affected stakeholder audiences. The format of collections for public comment. Public: Private Sector; Business or other the report will include data tables from Interested persons are invited to send for-profit and not-for-profit institutions; various State programs and narrative comments regarding this burden Number of Respondents: 2,960; Total about the data being presented based on estimate or any other aspect of this Annual Responses: 2,960; Total Annual the interviews with State agency staff. collection of information, including any Hours: 740. (For policy questions We propose interviewing multiple staff of the following subjects: (1) The regarding this collection contact Georgia in each State because several State necessity and utility of the proposed Johnson at 410–786–6859. For all other agencies have an impact on services and information collection for the proper issues call 410–786–1326.) supports for people with ASD; Form performance of the agency’s functions; 3. Type of Information Collection Number: CMS–10362 (OCN: 0938– (2) the accuracy of the estimated Request: Extension without change of a New); Frequency: Once; Affected Public: burden; (3) ways to enhance the quality,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34077

utility, and clarity of the information to cleaned, scores would be generated, and DEPARTMENT OF HEALTH AND be collected; and (4) the use of data would be delivered to CMS. HUMAN SERVICES automated collection techniques or Through the pilot test, we will other forms of information technology to determine the precise timing required to Administration for Children and minimize the information collection achieve an acceptable response rate, but Families burden. we are aiming to complete sampling, 1. Type of Information Collection data collection, and scoring within a 12- Proposed Information Collection Request: Existing collection in use week period. Form Number: CMS– Activity; Comment Request without an OMB control number; Title 10393 (OCN: 0938–New) Frequency: of Information Collection: Medicare Once; Affected Public: Individuals or Title: Pre-testing of Evaluation Beneficiary and Family-Centered households; Number of Respondents: Surveys. Satisfaction Survey; Use: The data 16,010; Number of Responses: 16,010; OMB No.: 0970–0355. collection methodology used to Total Annual Hours: 4002. (For policy Description: The Office of Planning, determine Beneficiary Satisfaction flows questions regarding this collection, Research and Evaluation (OPRE), from the proposed sampling approach. contact Coles Mercier at 410–786–2112. Administration for Children and While it was feasible to conduct the 9th For all other issues call (410) 786–1326.) SOW via telephone data collection only, Families (ACF), U.S. Department of To obtain copies of the supporting Health and Human Services (HHS), with a quarterly sample size for the 10th statement and any related forms for the SOW estimated to be 2,664, it does not intends to request approval from the proposed paperwork collections Office of Management and Budget seem efficient to maintain a telephone referenced above, access CMS’ Web site only data collection approach. Based on (OMB) for a generic clearance that a will at http://www.cms.gov/ allow OPRE to conduct a variety of data recent literature on survey methodology PaperworkReductionActof1995/PRAL/ and response rates by mode, we gathering activities aimed at identifying list.asp#TopOfPage or email your recommend using a data collection that questionnaire and procedural problems request, including your address, phone is done primarily by mail. A mail-based in survey administration. Over the next number, OMB number, and CMS methodology will achieve the goals of three years, OPRE anticipates document identifier, to being efficient, effective, and minimally undertaking a variety of new surveys as [email protected], or call the burdensome for beneficiary part of research projects in the fields of Reports Clearance Office at 410–786– respondents. cash welfare, employment and self- As previously described, we 1326. sufficiency, Head Start, child care, anticipate that a mail-based In commenting on the proposed healthy marriage and responsible methodology could yield a response rate information collections, please reference fatherhood, and child welfare, among of approximately 60 percent. In order to the document identifier or OMB control others. In order to improve the achieve this response rate, we would number. To be assured consideration, development of its research and recommend a 3 staged approach to data comments and recommendations must evaluation surveys, OPRE envisions collection: be submitted in one of the following using a variety of techniques including (1) Mailout of a covering letter, the ways by August 9, 2011: field tests, respondent debriefing paper survey questionnaire, and a 1. Electronically. You may submit questionnaires, cognitive interviews and postage-paid return envelope. your comments electronically to http:// focus groups in order to identify (2) Mailout of a post card that thanks www.regulations.gov. Follow the questionnaire and procedural problems, respondents and reminds the non- instructions for ‘‘Comment or suggest solutions, and measure the respondents to please return their Submission’’ or ‘‘More Search Options’’ relative effectiveness of alternative survey. to find the information collection survey solutions. (3) Mailout of a follow-up covering document(s) accepting comments. Following standard OMB letter, the paper survey questionnaire, 2. By regular mail. You may mail requirements, OPRE will submit a and a postage-paid return envelope. written comments to the following change request to OMB individually for Through the pilot test, we will address: CMS, Office of Strategic determine the response rate that can be every data collection activity Operations and Regulatory Affairs, undertaken under this generic achieved using this approach. If it is Division of Regulations Development, deemed necessary, additional mailout clearance. OPRE will provide OMB with Attention: Document Identifier/OMB a copy of the individual instrument or reminders can be added to the protocol, Control Number, Room C4–26–05, 7500 or a telephone non-response step can be questionnaire, as well as other materials Security Boulevard, Baltimore, describing the project and specific added to the protocol. Maryland 21244–1850. Using the 3-step mail approach survey pre-test. described above, we anticipate that data Dated: June 7, 2011. Respondents: The respondents will be collection would occur over an 8 to 10 Michelle Shortt, identified at the time that each change weeks. This is to say, if the first survey Director, Regulations Development Group, request is submitted to OMB. Generally mailing were dropped on January 1, we Office of Strategic Operations and Regulatory they will be individuals who are would anticipate completing data Affairs. representative of the target groups for collection at the end of February or [FR Doc. 2011–14435 Filed 6–9–11; 8:45 am] the public assistance research or early March. Data would then be BILLING CODE 4120–01–P evaluation project in question.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34078 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

ANNUAL BURDEN ESTIMATES

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

Survey development field tests, respondent debriefing questionnaires, cog- nitive interviews and focus groups ...... 5,000 1 0.5 2,500

Estimated Total Annual Burden of automated collection techniques or projects in the fields of cash welfare, Hours: 2,500 other forms of information technology. employment and self-sufficiency, Head In compliance with the requirements Consideration will be given to Start, child care, healthy marriage and of Section 3506(c)(2)(A) of the comments and suggestions submitted responsible fatherhood, and child Paperwork Reduction Act of 1995, the within 60 days of this publication. welfare. In order to inform the Administration for Children and Dated: May 31, 2011. development of OPRE research, to Families is soliciting public comment Steven M. Hanmer, maintain a research agenda that is on the specific aspects of the Reports Clearance Officer. rigorous and relevant, and to ensure that research products are as current as information collection described above. [FR Doc. 2011–14107 Filed 6–9–11; 8:45 am] Copies of the proposed collection of possible, OPRE will engage in a variety BILLING CODE M information can be obtained and of qualitative data collections in concert comments may be forwarded by writing with researchers and practitioners to the Administration for Children and DEPARTMENT OF HEALTH AND throughout the field. OPRE envisions Families, Office of Planning, Research HUMAN SERVICES using a variety of techniques including and Evaluation, 370 L’Enfant semi-structured discussions, focus Promenade, SW., Washington, DC Administration for Children and groups, telephone interviews, and in- 20447, Attn: OPRE Reports Clearance Families person observations and site visits, in Officer. E-mail address: order to integrate the perspectives of [email protected]. All Proposed Information Collection program operators, policy officials and requests should be identified by the title Activity; Comment Request members of the research community. of the information collection. Title: Formative Data Collections for Following standard Office of The Department specifically requests Informing Policy Research. Management and Budget (OMB) comments on (a) Whether the proposed OMB No.: 0970–0356. requirements, OPRE will submit a collection of information is necessary Description: The Office of Planning, change request to OMB individually for for the proper performance of the Research and Evaluation (OPRE), every group of data collection activities functions of the agency, including Administration for Children and undertaken under this generic whether the information shall have Families (ACF), U.S. Department of clearance. OPRE will provide OMB with practical utility; (b) the accuracy of the Health and Human Services (HHS), a copy of the individual instruments or agency’s estimate of the burden of the intends to request approval from the questionnaires (if one is used), as well proposed collection of information; (c) Office of Management and Budget as other materials describing the project. the quality, utility, and clarity of the (OMB) for a generic clearance that will Respondents: Administrators or staff information to be collected; and (d) allow OPRE to conduct a variety of of State and local agencies or programs ways to minimize the burden of the qualitative data collections. Over the in the relevant fields; academic collection of information on next three years, OPRE anticipates researchers; and policymakers at various respondents, including through the use undertaking a variety of new research levels of government.

ANNUAL BURDEN ESTIMATES

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

Semi-Structured Discussion and Information-Gathering Protocol ...... 2,000 1 0.5 1,000

Estimated Total Annual Burden to the Administration for Children and for the proper performance of the Hours: 1,000 Families, Office of Planning, Research functions of the agency, including In compliance with the requirements and Evaluation, 370 L’Enfant whether the information shall have of Section 3506(c)(2)(A) of the Promenade, SW., Washington, DC practical utility; (b) the accuracy of the Paperwork Reduction Act of 1995, the 20447, Attn: OPRE Reports Clearance agency’s estimate of the burden of the Administration for Children and Officer. E-mail address: proposed collection of information; (c) Families is soliciting public comment [email protected]. All the quality, utility, and clarity of the on the specific aspects of the requests should be identified by the title information to be collected; and (d) information collection described above. of the information collection. ways to minimize the burden of the Copies of the proposed collection of The Department specifically requests collection of information on information can be obtained and comments on (a) Whether the proposed respondents, including through the use comments may be forwarded by writing collection of information is necessary of automated collection techniques or

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34079

other forms of information technology. agencies must obtain approval from the diagnosis or monitoring of diseases. The Consideration will be given to Office of Management and Budget regulation describes the kinds of comments and suggestions submitted (OMB) for each collection of indications of diagnostic within 60 days of this publication. information they conduct or sponsor. radiopharmaceuticals and some of the Dated: May 31, 2011. ‘‘Collection of information’’ is defined in criteria that the Agency would use to Steven M. Hanmer, 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) evaluate the safety and effectiveness of and includes Agency requests or a diagnostic radiopharmaceutical under Reports Clearance Officer. requirements that members of the public section 505 of the Federal Food, Drug, [FR Doc. 2011–14106 Filed 6–9–11; 8:45 am] submit reports, keep records, or provide and Cosmetic Act (the FD&C Act) (21 BILLING CODE 4184–22–M information to a third party. Section U.S.C. 355) and section 351 of the 3506(c)(2)(A) of the PRA (44 U.S.C. Public Health Service Act (the PHS Act) 3506(c)(2)(A)) requires Federal agencies (42 U.S.C. 262). Information about the DEPARTMENT OF HEALTH AND to provide a 60-day notice in the safety or effectiveness of a diagnostic HUMAN SERVICES Federal Register concerning each radiopharmaceutical enables FDA to Food and Drug Administration proposed collection of information, properly evaluate the safety and including each proposed extension of an effectiveness profiles of a new [Docket No. FDA–2011–N–0405] existing collection of information, diagnostic radiopharmaceutical or a before submitting the collection to OMB new indication for use of an approved Agency Information Collection for approval. To comply with this diagnostic radiopharmaceutical. Activities; Proposed Collection; requirement, FDA is publishing notice The rule clarifies existing FDA Comment Request; Regulations for In of the proposed collection of requirements for approval and Vivo Radiopharmaceuticals Used for information set forth in this document. evaluation of drug and biological Diagnosis and Monitoring With respect to the following products already in place under the AGENCY: Food and Drug Administration, collection of information, FDA invites authorities of the FD&C Act and the PHS HHS. comments on these topics: (1) Whether Act. The information, which is usually ACTION: Notice. the proposed collection of information submitted as part of a new drug is necessary for the proper performance application or biologics license SUMMARY: The Food and Drug of FDA’s functions, including whether application or as a supplement to an Administration (FDA) is announcing an the information will have practical approved application, typically opportunity for public comment on the utility; (2) the accuracy of FDA’s includes, but is not limited to, proposed collection of certain estimate of the burden of the proposed nonclinical and clinical data on the information by the Agency. Under the collection of information, including the pharmacology, toxicology, adverse Paperwork Reduction Act of 1995 (the validity of the methodology and events, radiation safety assessments, PRA), Federal agencies are required to assumptions used; (3) ways to enhance and chemistry, manufacturing, and publish notice in the Federal Register the quality, utility, and clarity of the controls. The content and format of an concerning each proposed collection of information to be collected; and (4) application for approval of a new drug information, including each proposed ways to minimize the burden of the are set forth in § 314.50 (21 CFR 314.50). extension of an existing collection of collection of information on Under 21 CFR part 315, information information, and to allow 60 days for respondents, including through the use required under the FD&C Act and public comment in response to the of automated collection techniques, needed by FDA to evaluate the safety notice. This notice solicits comments on when appropriate, and other forms of and effectiveness of in vivo information collection for in vivo information technology. radiopharmaceuticals still needs to be Radiopharmaceuticals Used for reported. Regulations for In Vivo Diagnosis and Monitoring. Based on the number of submissions Radiopharmaceuticals Used for (that is, human drug applications and/ DATES: Submit either electronic or Diagnosis and Monitoring—21 CFR Part written comments on the collection of or new indication supplements for 315 (OMB Control Number 0910– diagnostic radiopharmaceuticals) that information by August 9, 2011. 0409)—Extension ADDRESSES: Submit electronic FDA receives, the Agency estimates that FDA is requesting OMB approval of comments on the collection of it will receive approximately two the information collection requirements information to http:// submissions annually from two contained in 21 CFR 315.4, 315.5, and www.regulations.gov. Submit written applicants. The hours per response 315.6. These regulations require comments on the collection of refers to the estimated number of hours manufacturers of diagnostic information to the Division of Dockets that an applicant would spend radiopharmaceuticals to submit Management (HFA–305), Food and Drug preparing the information required by information that demonstrates the safety Administration, 5630 Fishers Lane, Rm. the regulations. Based on FDA’s and effectiveness of a new diagnostic experience, the Agency estimates the 1061, Rockville, MD 20852. All radiopharmaceutical or of a new time needed to prepare a complete comments should be identified with the indication for use of an approved application for a diagnostic docket number found in brackets in the diagnostic radiopharmaceutical. radiopharmaceutical to be heading of this document. In response to the requirements of approximately 10,000 hours, roughly FOR FURTHER INFORMATION CONTACT: section 122 of the Food and Drug one-fifth, or 2,000 hours, of which is Elizabeth Berbakos, Office of Administration Modernization Act of estimated to be spent preparing the Information Management, Food and 1997 (Pub. L. 105–115), FDA published portions of the application that would Drug Administration, 1350 Piccard Dr., a final rule in the Federal Register of be affected by these regulations. The PI50–400B, Rockville, MD 20850, 301– May 17, 1999 (64 FR 26657), amending regulation does not impose any 796–3792, its regulations by adding provisions that additional reporting burden for safety [email protected]. clarify the Agency’s evaluation and and effectiveness information on SUPPLEMENTARY INFORMATION: Under the approval of in vivo diagnostic radiopharmaceuticals beyond PRA (44 U.S.C. 3501–3520), Federal radiopharmaceuticals used in the the estimated burden of 2,000 hours

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34080 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

because safety and effectiveness information collection burdens, for the preparation of the safety and information is already required by particularly for diagnostic effectiveness sections of an application § 314.50 (collection of information radiopharmaceuticals that may have that are imposed by existing regulations. approved by OMB under OMB control well-established, low-risk safety This estimate does not include the number 0910–0001). In fact, profiles, by enabling manufacturers to actual time needed to conduct studies clarification in these regulations of tailor information submissions and and trials or other research from which FDA’s standards for evaluation of avoid unnecessary clinical studies. the reported information is obtained. diagnostic radiopharmaceuticals is Table 1 of this document contains intended to streamline overall estimates of the annual reporting burden

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Average Number of Number of Total annual burden per 21 CFR Section respondents responses per responses response Total hours respondent (in hours)

315.4, 315.5, and 315.6 ...... 2 1 2 2,000 4,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 6, 2011. information to the Division of Dockets assumptions used; (3) ways to enhance Leslie Kux, Management (HFA–305), Food and Drug the quality, utility, and clarity of the Acting Assistant Commissioner for Policy. Administration, 5630 Fishers Lane, rm. information to be collected; and (4) [FR Doc. 2011–14418 Filed 6–9–11; 8:45 am] 1061, Rockville, MD 20852. All ways to minimize the burden of the BILLING CODE 4160–01–P comments should be identified with the collection of information on docket number found in brackets in the respondents, including through the use heading of this document. of automated collection techniques, DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: when appropriate, and other forms of HUMAN SERVICES Denver Presley, Jr., Office of Information information technology. Management, Food and Drug Temporary Marketing Permit Food and Drug Administration Administration, 1350 Piccard Dr., PI50– Applications—21 CFR 130.17(c) and (i) 400B, Rockville, MD 20850, 301–796– [Docket No. FDA–2011–N–0424] (OMB Control Number 0910–0133)— 3793. Extension Agency Information Collection SUPPLEMENTARY INFORMATION: Under the Activities; Proposed Collection; PRA (44 U.S.C. 3501–3520), Federal Section 401 of the Federal Food, Drug, Comment Request; Temporary Agencies must obtain approval from the and Cosmetic Act (the FD&C Act) (21 Marketing Permit Applications Office of Management and Budget U.S.C. 341) directs FDA to issue (OMB) for each collection of regulations establishing definitions and AGENCY: Food and Drug Administration, information they conduct or sponsor. standards of identity for food HHS. ‘‘Collection of information’’ is defined in ‘‘[w]henever * * * such action will ACTION: Notice. 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) promote honesty and fair dealing in the interest of consumers * * *.’’ Under SUMMARY: The Food and Drug and includes Agency requests or section 403(g) of the FD&C Act (21 Administration (FDA) is announcing an requirements that members of the public U.S.C. 343(g)), a food that is subject to opportunity for public comment on the submit reports, keep records, or provide a definition and standard of identity proposed collection of certain information to a third party. Section prescribed by regulation is misbranded information by the Agency. Under the 3506(c)(2)(A) of the PRA (44 U.S.C. if it does not conform to such definition Paperwork Reduction Act of 1995 (the 3506(c)(2)(A)) requires Federal Agencies and standard of identity. Section 130.17 PRA), Federal Agencies are required to to provide a 60-day notice in the (21 CFR 130.17) provides for the publish notice in the Federal Register Federal Register concerning each issuance by FDA of temporary concerning each proposed collection of proposed collection of information, marketing permits that enable the food information, including each proposed including each proposed extension of an industry to test consumer acceptance extension of an existing collection of existing collection of information, and measure the technological and information, and to allow 60 days for before submitting the collection to OMB commercial feasibility in interstate public comment in response to the for approval. To comply with this commerce of experimental packs of food notice. This notice solicits comments on requirement, FDA is publishing notice that deviate from applicable definitions reporting requirements contained in of the proposed collection of and standards of identity. Section existing FDA regulations governing information set forth in this document. 130.17(c) enables the Agency to monitor temporary marketing permit With respect to the following the manufacture, labeling, and applications. collection of information, FDA invites comments on these topics: (1) Whether distribution of experimental packs of DATES: Submit either electronic or the proposed collection of information food that deviate from applicable written comments on the collection of is necessary for the proper performance definitions and standards of identity. information by August 9, 2011. of FDA’s functions, including whether The information so obtained can be ADDRESSES: Submit electronic the information will have practical used in support of a petition to establish comments on the collection of utility; (2) the accuracy of FDA’s or amend the applicable definition or information to http:// estimate of the burden of the proposed standard of identity to provide for the www.regulations.gov. Submit written collection of information, including the variations. Section 130.17(i) specifies comments on the collection of validity of the methodology and the information that a firm must submit

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34081

to FDA to obtain an extension of a FDA estimates the burden of this temporary marketing permit. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average burden 21 CFR Section Number of responses per Total annual per response (in Total hours respondents respondent responses hours)

130.17(c) ...... 13 2 26 25 650 130.17(i) ...... 1 2 2 2 4

Total ...... 654 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated number of temporary DEPARTMENT OF HEALTH AND Drug Administration, 1350 Piccard Dr., marketing permit applications and HUMAN SERVICES PI50–400B, Rockville, MD 20850, 301– hours per response is an average based 796–3792, on the Agency’s experience with Food and Drug Administration [email protected]. applications received for the past 3 [Docket No. FDA–2011–N–0423] years, and information from firms that SUPPLEMENTARY INFORMATION: Under the have submitted recent requests for Agency Information Collection PRA (44 U.S.C. 3501–3520), Federal temporary marketing permits. Based on Activities; Proposed Collection; Agencies must obtain approval from the this information, we estimate that there Comment Request; Requirements for Office of Management and Budget will be, on average, approximately 13 Submission of Bioequivalence Data (OMB) for each collection of firms submitting requests for two information they conduct or sponsor. AGENCY: Food and Drug Administration, ‘‘Collection of information’’ is defined in temporary marketing permits per year HHS. over the next 3 years. 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) ACTION: Notice. and includes Agency requests or Thus, FDA estimates that 13 requirements that members of the public SUMMARY: The Food and Drug respondents will submit two requests submit reports, keep records, or provide Administration (FDA) is announcing an for temporary marketing permits information to a third party. Section annually under § 130.17(c). The opportunity for public comment on the proposed collection of certain 3506(c)(2)(A) of the PRA (44 U.S.C. estimated number of respondents for 3506(c)(2)(A)) requires Federal Agencies § 130.17(i) is minimal because this information by the Agency. Under the Paperwork Reduction Act of 1995 (the to provide a 60-day notice in the section is seldom used by the Federal Register concerning each respondents; therefore, the Agency PRA), Federal Agencies are required to publish notice in the Federal Register proposed collection of information, estimates that there will be one or fewer including each proposed extension of an respondents annually with two or fewer concerning each proposed collection of information, including each proposed existing collection of information, requests for extension of the marketing extension of an existing collection of before submitting the collection to OMB permit under § 130.17(i). The estimated information, and to allow 60 days for for approval. To comply with this number of hours per response is an public comment in response to the requirement, FDA is publishing notice average based on the Agency’s notice. This notice solicits comments on of the proposed collection of experience and information from firms the requirement for an abbreviated new information set forth in this document. that have submitted recent requests for drug application (ANDA) applicant to temporary marketing permits. We With respect to the following submit data from all bioequivalence collection of information, FDA invites estimate that 13 respondents each will (BE) studies the applicant conducts on comments on these topics: (1) Whether submit two requests for temporary a drug product formulation submitted the proposed collection of information marketing permits under § 130.17(c) and for approval. is necessary for the proper performance that it will take a respondent 25 hours DATES: Submit either electronic or per request to comply with the of FDA’s functions, including whether written comments on the collection of the information will have practical requirements of that section, for a total information by August 9, 2011. utility; (2) the accuracy of FDA’s of 650 hours. We estimate that one ADDRESSES: Submit electronic respondent will submit two requests for estimate of the burden of the proposed comments on the collection of collection of information, including the extension of its temporary marketing information to http:// permits under § 130.17(i) and that it will validity of the methodology and www.regulations.gov. Submit written assumptions used; (3) ways to enhance take a respondent 2 hours per request to comments on the collection of the quality, utility, and clarity of the comply with the requirements of that information to the Division of Dockets information to be collected; and (4) section, for a total of 4 hours. Management (HFA–305), Food and Drug ways to minimize the burden of the Administration, 5630 Fishers Lane, Rm. Dated: June 6, 2011. collection of information on Leslie Kux, 1061, Rockville, MD 20852. All comments should be identified with the respondents, including through the use Acting Assistant Commissioner for Policy. docket number found in brackets in the of automated collection techniques, [FR Doc. 2011–14414 Filed 6–9–11; 8:45 am] heading of this document. when appropriate, and other forms of information technology. BILLING CODE 4160–01–P FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of Information Management, Food and

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34082 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Requirements for Submission of nonpassing, conducted by the applicant submission of the ANDA, and will be Bioequivalence Data—21 CFR Parts 314 on the same drug product formulation reported in the ANDA itself. and 320 (OMB Control Number 0910– as that submitted for approval under an FDA estimates it will require 0630)—Extension ANDA, amendment, or supplement. approximately 120 hours of staff time to In the Federal Register of January 16, In table 1 of this document, FDA has prepare and submit each additional 2009 (74 FR 2849), the Agency estimated the reporting burden complete BE study report, and published a final rule revising FDA associated with each section of the rule. approximately 60 hours of staff time for regulations to require applicants to FDA believes that the majority of each additional BE summary report. The submit data on all BE studies, including additional BE studies will be reported in Agency believes that a complete report studies that do not meet passing ANDAs (submitted under § 314.94), will be required approximately 20 bioequivalence criteria, which are rather than supplements (reported in percent of the time, while a summary performed on a drug product § 314.97), because it is unlikely than an will suffice approximately 80 percent of formulation submitted for approval ANDA holder will conduct BE studies the time. Based on a weighted-average under an ANDA, or in an amendment to with a drug after the drug has been calculation using the information an ANDA that contains BE studies. In approved. With respect to the reporting presented previously in this document, the final rule, FDA amended of additional BE studies in amendments the submission of each additional BE §§ 314.94(a)(7)(i), 314.96(a)(1), (submitted under § 314.96), this should study is expected to take 72 hours of 320.21(b)(1), and 314.97, to require an also account for a small number of staff time ([120 × 0.2] + [60 × 0.8]). ANDA applicant to submit information reports, because most BE studies will be FDA estimates the burden of this from all BE studies, both passing and conducted on a drug prior to the collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

314.94(a)(7) ...... 49 1 49 72 3,528 314.96(a)(1) ...... 1 1 1 72 72 314.97 ...... 1 1 1 72 72

Total ...... 3,672 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 6, 2011. notice. This notice solicits comments on 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) Leslie Kux, reporting requirements contained in and includes Agency requests or Acting Assistant Commissioner for Policy. existing FDA regulations governing requirements that members of the public [FR Doc. 2011–14413 Filed 6–9–11; 8:45 am] State petitions for exemption from submit reports, keep records, or provide BILLING CODE 4160–01–P preemption. information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. DATES: Submit either electronic or written comments on the collection of 3506(c)(2)(A)) requires Federal Agencies DEPARTMENT OF HEALTH AND information by August 9, 2011. to provide a 60-day notice in the HUMAN SERVICES Federal Register concerning each ADDRESSES: Submit electronic proposed collection of information, Food and Drug Administration comments on the collection of including each proposed extension of an information to http:// [Docket No. FDA–2011–N–0402] existing collection of information, www.regulations.gov. Submit written before submitting the collection to OMB Agency Information Collection comments on the collection of for approval. To comply with this Activities; Proposed Collection; information to the Division of Dockets requirement, FDA is publishing notice Comment Request; State Petitions for Management (HFA–305), Food and Drug of the proposed collection of Exemption From Preemption Administration, 5630 Fishers Lane, information set forth in this document. Room 1061, Rockville, MD 20852. All AGENCY: Food and Drug Administration, comments should be identified with the With respect to the following HHS. docket number found in brackets in the collection of information, FDA invites comments on these topics: (1) Whether ACTION: Notice. heading of this document. the proposed collection of information FOR FURTHER INFORMATION CONTACT: SUMMARY: The Food and Drug is necessary for the proper performance Administration (FDA) is announcing an Denver Presley, Jr., Office of Information of FDA’s functions, including whether opportunity for public comment on the Management, Food and Drug the information will have practical proposed collection of certain Administration, 1350 Piccard Dr., PI50– utility; (2) the accuracy of FDA’s information by the Agency. Under the 400B, Rockville, MD 20850, 301–796– estimate of the burden of the proposed Paperwork Reduction Act of 1995 (the 3793. collection of information, including the PRA), Federal Agencies are required to SUPPLEMENTARY INFORMATION: Under the validity of the methodology and publish notice in the Federal Register PRA (44 U.S.C. 3501–3520), Federal assumptions used; (3) ways to enhance concerning each proposed collection of Agencies must obtain approval from the the quality, utility, and clarity of the information, including each proposed Office of Management and Budget information to be collected; and (4) extension of an existing collection of (OMB) for each collection of ways to minimize the burden of the information, and to allow 60 days for information they conduct or sponsor. collection of information on public comment in response to the ‘‘Collection of information’’ is defined in respondents, including through the use

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34083

of automated collection techniques, FD&C Act) (21 U.S.C. 343–1(b)), States determine whether the State food when appropriate, and other forms of may petition FDA for exemption from labeling or standard of identity information technology. Federal preemption of State food requirement satisfies the criteria of labeling and standard of identity State Petitions for Exemption From section 403A(b) of the FD&C Act for requirements. Section 100.1(d) (21 CFR Preemption—21 CFR 100.1(d) (OMB granting exemption from Federal 100.1(d)) sets forth the information a Control Number 0910–0277)—Extension preemption. State is required to submit in such a FDA estimates the burden of this Under Section 403A(b) of the Federal petition. The information required Food, Drug, and Cosmetic Act (the under section 100.1(d) enables FDA to collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

100.1(d) ...... 1 1 1 40 40 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The reporting burden for § 100.1(d) is Federal Food, Drug, and Cosmetic Act’’ DEPARTMENT OF HEALTH AND minimal because petitions for has been approved by the Office of HUMAN SERVICES exemption from preemption are seldom Management and Budget (OMB) under submitted by States. In the last 3 years, the Paperwork Reduction Act of 1995. Food and Drug Administration FDA has not received any new petitions [Docket No. FDA–2011–N–0401] for exemption from preemption; FOR FURTHER INFORMATION CONTACT: therefore, the Agency estimates that one Elizabeth Berbakos, Office of Agency Information Collection or fewer petitions will be submitted Information Management, Food and Activities; Proposed Collection; annually. Although FDA has not Drug Administration, 1350 Piccard Dr., Comment Request; Data To Support received any new petitions for PI50–400B, Rockville, MD 20850, 301– Communications Usability Testing, as exemption from preemption in the last 796–3792, Used by the Food and Drug 3 years, it believes these information [email protected]. Administration collection provisions should be extended to provide for the potential SUPPLEMENTARY INFORMATION: In the AGENCY: Food and Drug Administration, future need of a State or local Federal Register of December 15, 2010 HHS. government to petition for an exemption (75 FR 78249) the Agency announced ACTION: Notice. from preemption under the provisions that the proposed information collection of section 403(A) of the FD&C Act. had been submitted to OMB for review SUMMARY: The Food and Drug and clearance under 44 U.S.C. 3507. An Administration (FDA) is announcing an Dated: June 6, 2011. Agency may not conduct or sponsor, opportunity for public comment on the Leslie Kux, and a person is not required to respond proposed collection of certain Acting Assistant Commissioner for Policy. to, a collection of information unless it information by the Agency. Under the [FR Doc. 2011–14412 Filed 6–9–11; 8:45 am] displays a currently valid OMB control Paperwork Reduction Act of 1995 (the BILLING CODE 4160–01–P number. OMB has now approved the PRA), Federal Agencies are required to information collection and has assigned publish notice in the Federal Register concerning each proposed collection of OMB control number 0910–0679. The DEPARTMENT OF HEALTH AND information and to allow 60 days for approval expires on April 30, 2014. A HUMAN SERVICES public comment in response to the copy of the supporting statement for this notice. This notice solicits comments on Food and Drug Administration information collection is available on a generic clearance to collect the Internet at http://www.reginfo.gov/ [Docket No. FDA–2009–D–0008] information that will provide tools to public/do/PRAMain. test the usability of FDA Agency Information Collection Dated: June 1, 2011. communications on specific topics and Activities; Announcement of Office of Leslie Kux, to assist in the development and Management and Budget Approval; Acting Assistant Commissioner for Policy. modification of communication Guidance for Industry on Citizen messages to promote public health and Petitions and Petitions for Stay of [FR Doc. 2011–14411 Filed 6–9–11; 8:45 am] compliance with regulations. BILLING CODE 4160–01–P Action Subject to Section 505(q) of the DATES: Submit either electronic or Federal Food, Drug, and Cosmetic Act written comments on the collection of AGENCY: Food and Drug Administration, information by August 9, 2011. HHS. ADDRESSES: Submit electronic ACTION: Notice. comments on the collection of information to http:// SUMMARY: The Food and Drug www.regulations.gov. Submit written Administration (FDA) is announcing comments on the collection of that a collection of information entitled information to the Division of Dockets ‘‘Guidance for Industry on Citizen Management (HFA–305), Food and Drug Petitions and Petitions for Stay of Administration, 5630 Fishers Lane, Rm. Action Subject to Section 505(q) of the 1061, Rockville, MD 20852. All

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34084 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

comments should be identified with the of FDA’s functions, including whether audiences. FDA must explore docket number found in brackets in the the information will have practical audiences’ beliefs, perceptions, and heading of this document. utility; (2) the accuracy of FDA’s decision-making processes on specific FOR FURTHER INFORMATION CONTACT: estimate of the burden of the proposed topics in order to meet the basic Juanmanuel Vilela, Office of collection of information, including the objectives of its risk communication Information Management, Food and validity of the methodology and campaigns. Such knowledge will Drug Administration, 1350 Piccard Dr., assumptions used; (3) ways to enhance provide the needed target audience PI50–400B, Rockville, MD 20850, 301– the quality, utility, and clarity of the understanding to design effective 796–7651, information to be collected; and (4) communication strategies, messages, [email protected]. ways to minimize the burden of the and product labels. These collection of information on communications will aim to improve SUPPLEMENTARY INFORMATION: Under the respondents, including through the use public understanding of the risks and PRA (44 U.S.C. 3501–3520), Federal of automated collection techniques, benefits of using various FDA-regulated Agencies must obtain approval from the when appropriate, and other forms of products by providing users with a Office of Management and Budget information technology. better context in which to place risk (OMB) for each collection of information more completely. information they conduct or sponsor. Data To Support Communications ‘‘Collection of information’’ is defined in Usability Testing, as Used by the Food Second, as pretesting, it will give FDA 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and Drug Administration—(OMB some information about the potential and includes Agency requests or Control Number 0910–NEW) effectiveness of messages and materials in reaching and successfully requirements that members of the public FDA plans to use the data collected submit reports, keep records, or provide under this generic clearance to inform communicating with their intended information to a third party. Section its communications campaigns on a audiences. Testing messages with a 3506(c)(2)(A) of the PRA (44 U.S.C. variety of topics related to products that sample of the target audience will allow 3506(c)(2)(A)) requires Federal Agencies the FDA regulates. FDA expects the data FDA to refine messages while still in the to provide a 60-day notice in the to help staff message developers achieve developmental stage. Respondents may Federal Register concerning each FDA communication objectives. FDA be asked to give their reaction to the proposed collection of information also plans to use the data to help tailor messages in person or online. before submitting the collection to OMB print, broadcast, and electronic media FDA’s Centers and Offices will use for approval. To comply with this communications in order for them to this mechanism to test the usability of requirement, FDA is publishing notice have powerful and desired impacts on messages about FDA-regulated products of the proposed collection of target audiences. The data will not be for consumers, patients, industry information set forth in this document. used for the purposes of making policy representatives, or health care With respect to the following or regulatory decisions. professionals. The data will not be used collection of information, FDA invites The information collected will serve for the purposes of making policy or comments on these topics: (1) Whether two major purposes. First, as formative regulatory decisions. the proposed collection of information research it will provide the critical FDA estimates the burden of this is necessary for the proper performance knowledge needed about target collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN1

Number of Average burden Survey type Number of responses per Total annual per response Total hours respondents respondent responses (in hours)

In-Person Surveys ...... 7,500 1 7,500 1 7,500 Remote Online Surveys ...... 67,000 1 67,000 30/60 33,500 Screener Only 1 ...... 500 1 500 5/60 42

Total ...... 41,0412 1 These participants take the screener (which will be compromised of Demographic and/or Introductory Question, Attachments 5 and 6) but are not selected for the full survey.

There will be two lengths of surveys comprised of staff from the Centers for Because FDA has not conducted these conducted, depending on whether the Disease Control and Prevention (CDC) types of surveys at the level needed survey is in person or remote and and CDC contractors. Some remote previously, it is anticipated that most of online. An in-person survey will last an surveys will take much less time. The FDA’s communications will require average of 60 minutes and take place at majority of usability surveys conducted some sort of usability survey. an FDA computer or at a at CDC were done remotely; thus FDA Additionally, FDA anticipates nongovernmental location; a remote estimates that in the future more conducting a number of important survey will last approximately 30 surveys will be done remotely rather baseline surveys for its home Web page minutes and take place at the than in person. and other highly trafficked subsites in participant’s computer. These estimates Estimate of survey respondents was order to redesign these pages as part of were determined through analysis of based on an estimate of the ideal FDA’s priority to more effectively utilize times from previous usability surveys number of usability surveys that FDA its Web site. using similar questions, survey of would conduct over a 3-year period. Annually, FDA projects about 125 usability professionals to ascertain Factored in were initial surveys and studies using the variety of test methods average times for users to perform tasks, subsequent followup surveys utilizing a listed above. FDA is requesting this and a pilot survey of 10 internal users satisfactory level of participants. burden so as not to restrict the Agency’s

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34085

ability to gather information on public DEPARTMENT OF HEALTH AND than 2 business days before the meeting. sentiment for its proposals in its HUMAN SERVICES If FDA is unable to post the background regulatory and communications material on its Web site prior to the programs. Food and Drug Administration meeting, the background material will Dated: June 1, 2011. [Docket No. FDA–2011–N–0002] be made publicly available at the location of the advisory committee Leslie Kux, Endocrinologic and Metabolic Drugs meeting, and the background material Acting Assistant Commissioner for Policy. Advisory Committee; Notice of Meeting will be posted on FDA’s Web site after [FR Doc. 2011–14410 Filed 6–9–11; 8:45 am] the meeting. Background material is AGENCY: Food and Drug Administration, BILLING CODE 4160–01–P available at http://www.fda.gov/ HHS. AdvisoryCommittees/Calendar/ ACTION: Notice. default.htm. Scroll down to the DEPARTMENT OF HEALTH AND appropriate advisory committee link. HUMAN SERVICES This notice announces a forthcoming meeting of a public advisory committee Procedure: Interested persons may Food and Drug Administration of the Food and Drug Administration present data, information, or views, (FDA). The meeting will be open to the orally or in writing, on issues pending public. before the committee. Written [Docket No. FDA–2010–N–0418] Name of Committee: Endocrinologic submissions may be made to the contact and Metabolic Drugs Advisory person on or before July 5, 2011. Oral Agency Information Collection Committee. presentations from the public will be Activities; Announcement of Office of General Function of the Committee: scheduled between approximately 1 Management and Budget Approval; To provide advice and p.m. and 2 p.m. Those individuals Institutional Review Boards recommendations to the Agency on interested in making formal oral FDA’s regulatory issues. presentations should notify the contact AGENCY: Food and Drug Administration, Date and Time: The meeting will be person and submit a brief statement of HHS. held on July 19, 2011, from 8 a.m. to 5 the general nature of the evidence or ACTION: Notice. p.m. arguments they wish to present, the Location: Hilton Washington DC/ names and addresses of proposed SUMMARY: The Food and Drug Silver Spring, The Ballrooms, 8727 participants, and an indication of the Administration (FDA) is announcing Colesville Rd., Silver Spring, MD 20910. approximate time requested to make that a collection of information entitled The hotel’s telephone number is 301– their presentation on or before June 24, ‘‘Institutional Review Boards’’ has been 589–5200. 2011. Time allotted for each approved by the Office of Management Contact Person: Paul Tran, Center for presentation may be limited. If the and Budget (OMB) under the Paperwork Drug Evaluation and Research, Food number of registrants requesting to Reduction Act of 1995. and Drug Administration, 10903 New speak is greater than can be reasonably Hampshire Ave., Bldg. 31, rm. 2417, accommodated during the scheduled FOR FURTHER INFORMATION CONTACT: Silver Spring, MD 20993–0002, 301– open public hearing session, FDA may Elizabeth Berbakos, Office of 796–9001, FAX 301–847–8533, e-mail: conduct a lottery to determine the Information Management, Food and [email protected], or FDA Advisory speakers for the scheduled open public Drug Administration, 1350 Piccard Dr., Committee Information Line, 1–800– hearing session. The contact person will PI50–400B, Rockville, MD 20850, 301– 741–8138 (301–443–0572 in the notify interested persons regarding their 796–3792, Washington, DC area), and follow the request to speak by June 27, 2011. [email protected]. prompts to the desired center or product area. Please call the Information Line for Persons attending FDA’s advisory SUPPLEMENTARY INFORMATION: In the up-to-date information on this meeting. committee meetings are advised that the Federal Register of December 15, 2010 A notice in the Federal Register about Agency is not responsible for providing (75 FR 78252), the Agency announced last minute modifications that impact a access to electrical outlets. that the proposed information collection previously announced advisory FDA welcomes the attendance of the had been submitted to OMB for review committee meeting cannot always be public at its advisory committee and clearance under 44 U.S.C. 3507. An published quickly enough to provide meetings and will make every effort to Agency may not conduct or sponsor, timely notice. Therefore, you should accommodate persons with physical and a person is not required to respond always check the Agency’s Web site and disabilities or special needs. If you to, a collection of information unless it call the appropriate advisory committee require special accommodations due to displays a currently valid OMB control hot line/phone line to learn about a disability, please contact Paul Tran at number. OMB has now approved the possible modifications before coming to least 7 days in advance of the meeting. information collection and has assigned the meeting. FDA is committed to the orderly OMB control number 0910–0130. The Agenda: On July 19, 2011, the conduct of its advisory committee approval expires on April 30, 2014. A committee will discuss new drug meetings. Please visit our Web site at copy of the supporting statement for this application (NDA) 202293 dapagliflozin, information collection is available on manufactured by Bristol-Myers Squibb http://www.fda.gov/ the Internet at http://www.reginfo.gov/ and AstraZeneca. Dapagliflozin is the AdvisoryCommittees/ public/do/PRAMain. first drug in the class of sodium-glucose AboutAdvisoryCommittees/ ucm111462.htm for procedures on Dated: June 1, 2011. co-transporter 2 (SGLT2) inhibitors, developed as an adjunct to diet and public conduct during advisory Leslie Kux, exercise to improve glycemic control in committee meetings. Acting Assistant Commissioner for Policy. adults with type 2 diabetes mellitus. Notice of this meeting is given under [FR Doc. 2011–14409 Filed 6–9–11; 8:45 am] FDA intends to make background the Federal Advisory Committee Act (5 BILLING CODE 4160–01–P material available to the public no later U.S.C. app. 2).

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34086 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Dated: June 6, 2011. Dated: June 6, 2011. Endocrinology and Metabolic Research; Jill Hartzler Warner, Jennifer S. Spaeth, 93.848, Digestive Diseases and Nutrition Acting Associate Commissioner for Special Director, Office of Federal Advisory Research; 93.849, Kidney Diseases, Urology Medical Programs. Committee Policy. and Hematology Research, National Institutes of Health, HHS) [FR Doc. 2011–14343 Filed 6–9–11; 8:45 am] [FR Doc. 2011–14441 Filed 6–9–11; 8:45 am] Dated: June 6, 2011. BILLING CODE 4160–01–P BILLING CODE 4140–01–P Jennifer S. Spaeth, Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Committee Policy. HUMAN SERVICES HUMAN SERVICES [FR Doc. 2011–14440 Filed 6–9–11; 8:45 am] BILLING CODE 4140–01–P National Institutes of Health National Institutes of Health

National Institute of Allergy and National Institute of Diabetes and DEPARTMENT OF HEALTH AND Infectious Diseases; Notice of Closed Digestive and Kidney Diseases; Notice HUMAN SERVICES Meetings of Closed Meetings Substance Abuse and Mental Health Pursuant to section 10(d) of the Pursuant to section 10(d) of the Services Administration Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is Mandatory Guidelines for Federal hereby given of the following meetings. hereby given of the following meetings. Workplace Drug Testing Programs; The meetings will be closed to the The meetings will be closed to the Request for Information Regarding public in accordance with the public in accordance with the Specific Issues Related to the Use of provisions set forth in sections provisions set forth in sections the Oral Fluid Specimen for Drug 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Testing as amended. The grant applications and as amended. The grant applications and the discussions could disclose the discussions could disclose AGENCY: Substance Abuse and Mental confidential trade secrets or commercial confidential trade secrets or commercial Health Services Administration property such as patentable material, property such as patentable material, (SAMHSA), HHS. and personal information concerning and personal information concerning ACTION: Request for Information. individuals associated with the grant individuals associated with the grant applications, the disclosure of which applications, the disclosure of which SUMMARY: This document is a request for would constitute a clearly unwarranted would constitute a clearly unwarranted information regarding specific aspects of invasion of personal privacy. invasion of personal privacy. the regulatory policies and standards Name of Committee: National Institute of that may be applied to the Mandatory Name of Committee: National Institute of Guidelines for Federal Workplace Drug Allergy and Infectious Diseases Special Diabetes and Digestive and Kidney Diseases Emphasis Panel, NIH Support for Special Emphasis Panel, NIDDK Telephone Testing Programs (oral fluid specimen). Conferences and Scientific Meetings. SEP. DATES: Comment Close Date: To be Date: July 25–28, 2011. Date: July 6, 2011. assured consideration, comments must Time: 8 a.m. to 5 p.m. Time: 10 to 11 a.m. be received at one of the addresses Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. provided below on or before August 9, applications. Place: National Institutes of Health, 6700B 2011. Place: National Institutes of Health, Two Rockledge Drive, 3201, Bethesda, MD 20817 Democracy Plaza, 6707 Democracy ADDRESSES: Because of staff and (Virtual Meeting). Boulevard, Bethesda, MD 20892 (Telephone resource limitations, we cannot accept Contact Person: Brandt R. Burgess, PhD, comments by facsimile (FAX) Scientific Review Officer, Scientific Review Conference Call). Program, Division of Extramural Activities, Contact Person: Xiaodu Guo, MD, PhD, transmission. National Institutes of Health/NIAID, 6700B Scientific Review Officer, Review Branch, You may submit comments in one of Rockledge Drive, MSC 7616, Bethesda, MD DEA, NIDDK, National Institutes of Health, four ways (please choose only one of the 20892–7616, 301–451–2584, Room 761, 6707 Democracy Boulevard, ways listed): [email protected]. Bethesda, MD 20892–5452, (301) 594–4719, • Electronically. You may submit [email protected]. Name of Committee: National Institute of electronic comments to http:// Allergy and Infectious Diseases Special Name of Committee: National Institute of www.regulations.gov. Follow ‘‘Submit a Emphasis Panel, NIAID Peer Review Meeting. Diabetes and Digestive and Kidney Diseases comment’’ instructions. Date: July 28, 2011. Special Emphasis Panel, Nephrotic • Syndrome Ancillary Studies. By regular mail. You may mail Time: 8 a.m. to 5 p.m. written comments to the following Agenda: To review and evaluate contract Date: July 13, 2011. proposals. Time: 2 to 2:45 p.m. address only: Substance Abuse and Place: Bethesda Marriott, 5151 Pooks Hill Agenda: To review and evaluate grant Mental Health Services Administration, Road, Bethesda, MD 20814. applications. Attention: Division of Workplace Contact Person: Dharmendar Rathore, PhD, Place: National Institutes of Health, Two Programs, 1 Choke Cherry Road, Room Scientific Review Officer, Scientific Review Democracy Plaza, 6707 Democracy 2–1049, Rockville, MD 20857. Please Program, Division of Extramural Activities, Boulevard, Bethesda, MD 20892 (Telephone allow sufficient time for mailed National Institutes of Health/NIAID, 6700B Conference Call). comments to be received before the Contact Person: Lakshmanan Sankaran, Rockledge Drive, MSC 7616, Rm 3134, close of the comment period. Bethesda, MD 20892–7616, 301–435–2766, PhD, Scientific Review Officer, Review • [email protected]. Branch, DEA, NIDDK, National Institutes of By express or overnight mail. You may send written comments to the (Catalogue of Federal Domestic Assistance Health, Room 755, 6707 Democracy Program Nos. 93.855, Allergy, Immunology, Boulevard, Bethesda, MD 20892–5452, (301) following address only: Substance and Transplantation Research; 93.856, 594–7799, [email protected]. Abuse and Mental Health Services Microbiology and Infectious Diseases (Catalogue of Federal Domestic Assistance Administration, Attention: Division of Research, National Institutes of Health, HHS) Program Nos. 93.847, Diabetes, Workplace Programs, 1 Choke Cherry

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34087

Road, Room 2–1049, Rockville, MD Federal Register on April 11, 1988 [53 be expanded to include schedule II 20850. FR 11979]. SAMHSA subsequently prescription medications? • By hand or courier. Alternatively, revised the Guidelines on June 9, 1994 • Specimen Validity: Are bio-markers you may deliver (by hand or courier) [59 FR 29908], September 30, 1997 [62 needed to validate the oral fluid your written comments only to the FR 51118], November 13, 1998 [63 FR specimen? Are there appropriate bio- following address prior to the close of 63483], April 13, 2004 [69 FR 19644], markers or tests for the oral fluid the comment period: and on November 25, 2008 [73 FR specimen that would reveal • For delivery in Rockville, MD: 71858]. If there is an adequate scientific adulteration, substitution, and/or Substance Abuse and Mental Health basis, HHS anticipates issuing further dilution? Services Administration, Attention: revisions to the Mandatory Guidelines • Collection: How should an oral Division of Workplace Programs, 1 to address the use of oral fluid fluid specimen be collected? For an oral Choke Cherry Road, Room 2–1049, specimen. fluid split specimen collection, how Rockville, MD 20850. To deliver your Section 503 of Public Law 100–71, 5 should the collection of the two comments to the Rockville address, call U.S.C. Section 7301 note, required the specimens be performed? As a donor, telephone number (240) 276–2600 in Department to establish scientific and would you prefer to provide an oral advance to schedule your delivery with technical guidelines and amendments in fluid or a urine specimen? • one of our staff members. Because accordance with Executive Order 12564 Collection Devices: What should be access to the interior of the Substance and to publish Mandatory Guidelines the technical requirements for an oral Abuse and Mental Health Services fluid specimen collection device? which establish comprehensive • Administration Building is not readily standards for all aspects of laboratory Testing: What technologies are available to persons without Federal drug testing and procedures, including available to perform initial and government identification, commenters standards that require the use of the best confirmatory testing on oral fluid are encouraged to either schedule your available technology for ensuring the specimens? drop off or leave your comments with full reliability and accuracy of drug tests Dated: June 6, 2011. the security guard in the main lobby of and strict procedures governing the Elaine Parry, the building. chain of custody of specimens collected Director, Office of Management, Technology FOR FURTHER INFORMATION CONTACT: LT for drug testing. These revisions to the and Operations. Eugene Hayes, Division of Workplace Mandatory Guidelines promote and [FR Doc. 2011–14092 Filed 6–9–11; 8:45 am] Programs, CSAP, SAMHSA, 1 Choke establish standards that use the best BILLING CODE 4162–20–P Cherry Road, Room 2–1033, Rockville, available technology for ensuring the Maryland 20857, (240) 276–1459 full reliability and accuracy of urine (phone), (240) 276–2610 (Fax), or e-mail drug tests, while reflecting the ongoing DEPARTMENT OF HOMELAND at [email protected]. process of review and evaluation of SECURITY SUPPLEMENTARY INFORMATION: Inspection legal, scientific, and societal concerns. of Public Comments: All comments SAMHSA’s chartered CSAP Drug [Docket No. DHS–2011–0027] Testing Advisory Board (DTAB) will be received before the close of the Broad Stakeholder Survey comment period are available for the vehicle to provide recommendations viewing by the public, including any for including alternative specimens (oral AGENCY: National Protection and personally identifiable or confidential fluid) in the Mandatory Guidelines for Programs Directorate, DHS. business information that is included in Federal Workplace Drug Testing ACTION: 60-day notice and request for a comment. We post all comments Programs. The overall intent of this comments; New Information Collection received before the close of the effort will be publication of the Request: 1670–NEW. comment period on the following Web proposed revisions to the Mandatory site as soon as possible after they have Guidelines in the Federal Register for SUMMARY: The Department of Homeland been received: http:// public comment and the development of Security (DHS), National Protection and www.regulations.gov. Follow the search the Final Notice. Programs Directorate (NPPD), Office of instructions on that Web site to view To assist the DTAB, we are soliciting Cybersecurity and Communications public comments. Comments received written comments and statements from (CS&C), Office of Emergency by the deadline will also be available for the general public and industry Communications (OEC), has submitted public inspection at the Substance stakeholders regarding a variety of the following Information Collection Abuse and Mental Health Services issues related to oral fluid specimen Request to the Office of Management Administration, Division of Workplace drug testing, including analytes, cutoffs, and Budget (OMB) for review and Programs, 1 Choke Cherry Road, specimen validity, collection, collection clearance in accordance with the Rockville, MD 20850, Monday through devices, and testing. Paperwork Reduction Act of 1995 (Pub. Friday of each week from 8:30 a.m. to II. Solicitation of Comments: As we L. 104–13, 44 U.S.C. Chapter 35). NPPD 4 p.m. To schedule an appointment to develop our initial outline for the is soliciting comments concerning the view public comments, phone (240) Mandatory Guidelines, we are seeking Broad Stakeholder Survey. 276–1459. additional information that is current, DATES: Comments are encouraged and I. Background: The Department of scientific, and peer reviewed in will be accepted until August 9, 2011. Health and Human Services (HHS) reference to oral fluid specimen drug This process is conducted in accordance establishes the standards for Federal testing, specifically on the following with 5 CFR 1320.1. workplace drug testing programs under questions: ADDRESSES: Written comments and the authority of Section 503 of Public • Analytes/Cutoffs: What analytes questions about this Information Law 100–71, 5 U.S.C. Section 7301, and should be measured in oral fluid for the Collection Request should be forwarded Executive Order No. 12564. As required, initial and confirmatory tests? What to DHS/NPPD/CS&C/OEC, Attn.: HHS published the Mandatory initial and confirmation cutoffs should Richard Reed, 202–343–1666, Guidelines for Federal Workplace Drug be used for the oral fluid drug tests? [email protected]. Written Testing Programs (Guidelines) in the Should the oral fluid drug testing panel comments should reach the contact

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34088 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

person listed no later than August 9, Frequency: Annual. Homeland Security’’ and DHS–2011— 2011. Comments must be identified by Affected Public: Federal, state, local, 0039, the docket number for this action. ‘‘DHS–2011–0027’’ and may be tribal or territorial government. Comments received will be posted submitted by one of the following Number of Respondents: 5,000. without alteration at http:// methods: Estimated Time Per Respondent: 15 www.regulations.gov, including any • Federal eRulemaking Portal: http:// minutes. personal information provided. www.regulations.gov Total Burden Hours: 1,250 annual Docket: For access to the docket to • E-mail: [email protected]. burden hours. Include the docket number in the Total Burden Cost (capital/startup): read comments received by the DHS subject line of the message. $0. Homeland Security Advisory Council, Instructions: All submissions received Total Burden Cost (operating/ go to http://www.regulations.gov. must include the words ‘‘Department of maintaining): $30,525.00. FOR FURTHER INFORMATION CONTACT: Homeland Security’’ and the docket Dated: May 17, 2011. Erika Nixon at [email protected] or 202– number for this action. Comments David Epperson, 447–3135. received will be posted without Chief Information Officer, National Protection SUPPLEMENTARY INFORMATION: Notice of alteration at http://www.regulations.gov, and Programs Directorate, Department of including any personal information Homeland Security. this meeting is given under the Federal provided. [FR Doc. 2011–14378 Filed 6–9–11; 8:45 am] Advisory Committee Act, 5 U.S.C. App. The HSAC provides independent advice SUPPLEMENTARY INFORMATION: OEC, BILLING CODE P formed under Title XVIII of the to the Secretary of the Department of Homeland Security Act of 2002, 6 Homeland Security to aid in the U.S.C. 101 et seq., as amended, was DEPARTMENT OF HOMELAND creation and implementation of critical established to promote, facilitate, and SECURITY and actionable policies and capabilities across the spectrum of homeland support the continued advancement of [Docket No. DHS–2011–0039] communications capabilities for security operations. The HSAC will emergency responders across the Homeland Security Advisory Council meet to review and approve the Nation. The Broad Stakeholder Survey Community Resilience Task Force’s is designed to gather stakeholder AGENCY: The Office of Policy, DHS. report of findings and feedback on the effectiveness of OEC ACTION: Notice of Open Teleconference recommendations. Federal Advisory Committee Meeting. services and to gather input on Public Participation: Members of the challenges and initiatives for SUMMARY: The Homeland Security public will be in listen-only mode. The interoperable emergency Advisory Council (HSAC) will meet via public may register to participate in this communications. The Broad teleconference for the purpose of HSAC teleconference via afore Stakeholder Survey will be conducted deliberating on recommendations by the mentioned procedures. Each individual electronically. HSAC’s Community Resilience Task must provide his or her full legal name, OMB is particularly interested in Force. e-mail address and phone number no comments that: 1. Evaluate whether the proposed DATES: The HSAC conference call will later than 5 p.m. E.D.T. on June 23, collection of information is necessary take place from 1 p.m. to 2 p.m. E.D.T. 2011, to a staff member of the HSAC via for the proper performance of the on Monday, June 27, 2011. Please be e-mail at [email protected] or via phone at functions of the agency, including advised that the meeting is scheduled (202) 447–3135. HSAC conference call whether the information will have for one hour and may end early if all details and the Community Resilience practical utility; business is completed before 2 p.m. Task Force’s report will be provided to 2. Evaluate the accuracy of the ADDRESSES: The HSAC meeting will be interested members of the public at this agency’s estimate of the burden of the held via teleconference. Members of the time. proposed collection of information, public interested in participating in this Information on Services for including the validity of the teleconference meeting may do so by Individuals with Disabilities: For methodology and assumptions used; following the process outlined below information on facilities or services for 3. Enhance the quality, utility, and (see ‘‘Public Participation’’). individuals with disabilities, or to clarity of the information to be Written comments must be submitted request special assistance during the collected; and and received by June 23, 2011. teleconference, contact Erika Nixon at 4. Minimize the burden of the Comments must be identified by Docket the afore mentioned number (202) 447– collection of information on those who No. DHS–2011–0039 and may be 3135. are to respond, including through the submitted by one of the following use of appropriate automated, methods: Dated: June 3, 2011. electronic, mechanical, or other • Federal eRulemaking Portal: http:// Becca Sharp, technological collection techniques or www.regulations.gov. Follow the Executive Director, Homeland Security other forms of information technology, instructions for submitting comments. Advisory Council, DHS. • e.g., permitting electronic submissions E-mail: [email protected]. Include [FR Doc. 2011–14381 Filed 6–9–11; 8:45 am] of responses. docket number in the subject line of the BILLING CODE 9910–9M–P message. Analysis • Fax: (202) 282–9207. Agency: Department of Homeland • Mail: Homeland Security Advisory Security, National Protection and Council, Department of Homeland Programs Directorate. Security, Mailstop 0445, 245 Murray Title: Broad Stakeholder Survey. Lane, SW., Washington, DC 20528. Form: DHS Form 9041. Instructions: All submissions received OMB Number: 1670–NEW. must include the words ‘‘Department of

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00058 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34089

DEPARTMENT OF HOMELAND The Federal Emergency Management FOR FURTHER INFORMATION CONTACT: SECURITY Agency (FEMA) hereby gives notice that Peggy Miller, Office of Response and pursuant to the authority vested in the Recovery, Federal Emergency Federal Emergency Management Administrator, Department of Homeland Management Agency, 500 C Street, SW., Agency Security, under Executive Order 12148, Washington, DC 20472, (202) 646–3886. as amended, Gerard M. Stolar, of FEMA SUPPLEMENTARY INFORMATION: The notice [Internal Agency Docket No. FEMA–3322– is appointed to act as the Federal EM; Docket ID FEMA–2011–0001] of a major disaster declaration for the Coordinating Officer for this declared State of Missouri is hereby amended to Louisiana; Emergency and Related emergency. include the following areas among those Determinations The following areas of the State of areas determined to have been adversely Louisiana have been designated as affected by the event declared a major AGENCY: Federal Emergency adversely affected by this declared disaster by the President in his Management Agency, DHS. emergency: declaration of May 9, 2011. ACTION: Notice. The parishes of Avoyelles, Ascension, Barry, Carter, Christian, Douglas, Oregon, Assumption, Catahoula, Concordia, East Ozark, Polk, Shannon, Texas, Washington, SUMMARY: This is a notice of the Carroll, Iberia, Iberville, LaSalle, Madison, Webster, and Wright Counties for Public Presidential declaration of an Pointe Coupee, East Baton Rouge, St. Charles, Assistance, including direct Federal emergency for the State of Louisiana St. James, St. John, St. Landry, St. Martin, St. assistance. (FEMA–3322–EM), dated May 6, 2011, Mary, Tensas, Terrebonne, West Baton Cape Girardeau, Dunklin, Mississippi, New and related determinations. Rouge, and West Feliciana for emergency Madrid, Pemiscot, Ripley, St. Francois, and protective measures (Category B), limited to DATES: Effective Date: May 6, 2011. Stone Counties for Public Assistance, direct Federal assistance, under the Public including direct Federal assistance (already FOR FURTHER INFORMATION CONTACT: Assistance program. designated for Individual Assistance). Peggy Miller, Office of Response and The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Jasper and Newton Counties for Public Recovery, Federal Emergency Assistance [Categories C–G] (already Management Agency, 500 C Street, SW., for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora designated for Individual Assistance and debris removal and emergency protective Washington, DC 20472, (202) 646–3886. Brown Fund; 97.032, Crisis Counseling; measures [Categories A and B], including SUPPLEMENTARY INFORMATION: Notice is 97.033, Disaster Legal Services; 97.034, direct Federal assistance, under the Public Disaster Unemployment Assistance (DUA); hereby given that, in a letter dated May Assistance program. 6, 2011, the President issued an 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to The following Catalog of Federal Domestic emergency declaration under the Assistance Numbers (CFDA) are to be used authority of the Robert T. Stafford Individuals and Households in Presidentially Declared Disaster Areas; 97.049, for reporting and drawing funds: 97.030, Disaster Relief and Emergency Presidentially Declared Disaster Assistance— Community Disaster Loans; 97.031, Cora Assistance Act, 42 U.S.C. 5121–5208 Disaster Housing Operations for Individuals Brown Fund; 97.032, Crisis Counseling; (the Stafford Act), as follows: and Households; 97.050, Presidentially 97.033, Disaster Legal Services; 97.034, Declared Disaster Assistance to Individuals Disaster Unemployment Assistance (DUA); I have determined that the emergency 97.046, Fire Management Assistance Grant; conditions in certain areas of the State of and Households—Other Needs; 97.036, Disaster Grants—Public Assistance 97.048, Disaster Housing Assistance to Louisiana resulting from flooding beginning Individuals and Households in Presidentially on April 25, 2011, and continuing, are of (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Declared Disaster Areas; 97.049, sufficient severity and magnitude to warrant Presidentially Declared Disaster Assistance— an emergency declaration under the Robert T. Dated: June 3, 2011. Disaster Housing Operations for Individuals Stafford Disaster Relief and Emergency W. Craig Fugate, and Households; 97.050, Presidentially Assistance Act, 42 U.S.C. 5121 et seq. (‘‘the Declared Disaster Assistance to Individuals Stafford Act’’). Therefore, I declare that such Administrator, Federal Emergency and Households—Other Needs; 97.036, an emergency exists in the State of Louisiana. Management Agency. Disaster Grants—Public Assistance You are authorized to provide appropriate [FR Doc. 2011–14362 Filed 6–9–11; 8:45 am] (Presidentially Declared Disasters); 97.039, assistance for required emergency measures, BILLING CODE 9111–23–P Hazard Mitigation Grant. authorized under Title V of the Stafford Act, Dated: June 3, 2011. to save lives and to protect property and W. Craig Fugate, public health and safety, and to lessen or DEPARTMENT OF HOMELAND avert the threat of a catastrophe in the SECURITY Administrator, Federal Emergency designated areas. Specifically, you are Management Agency. authorized to provide assistance emergency Federal Emergency Management [FR Doc. 2011–14364 Filed 6–9–11; 8:45 am] protective measures (Category B), limited to Agency BILLING CODE 9111–23–P direct Federal assistance, under the Public Assistance program. This assistance excludes [Internal Agency Docket No. FEMA–1980– regular time costs for subgrantees’ regular DR; Docket ID FEMA–2011–0001] DEPARTMENT OF HOMELAND employees. SECURITY Consistent with the requirement that Missouri; Amendment No. 4 to Notice Federal assistance is supplemental, any of a Major Disaster Declaration Federal funds provided under the Stafford Federal Emergency Management Act for Public Assistance will be limited to AGENCY: Federal Emergency Agency 75 percent of the total eligible costs. In order Management Agency, DHS. [Internal Agency Docket No. FEMA–1981– to provide Federal assistance, you are hereby ACTION: Notice. DR; Docket ID FEMA–2011–0001] authorized to allocate from funds available for these purposes such amounts as you find SUMMARY: This notice amends the notice North Dakota; Major Disaster and necessary for Federal emergency assistance of a major disaster declaration for the Related Determinations and administrative expenses. State of Missouri (FEMA–1980–DR), Further, you are authorized to make dated May 9, 2011, and related AGENCY: Federal Emergency changes to this declaration for the approved determinations. Management Agency, DHS. assistance to the extent allowable under the ACTION: Notice. Stafford Act. DATES: Effective Date: June 1, 2011.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34090 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

SUMMARY: This is a notice of the All counties and Indian Tribes within the magnitude to warrant a major disaster Presidential declaration of a major State of North Dakota are eligible to apply for declaration under the Robert T. Stafford disaster for the State of North Dakota assistance under the Hazard Mitigation Grant Disaster Relief and Emergency Assistance (FEMA–1981–DR), dated May 10, 2011, Program. Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford ’’ and related determinations. The following Catalog of Federal Domestic Act ). Therefore, I declare that such a major Assistance Numbers (CFDA) are to be used disaster exists in the State of Missouri. DATES: Effective Date: May 10, 2011. for reporting and drawing funds: 97.030, In order to provide Federal assistance, you FOR FURTHER INFORMATION CONTACT: Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds Peggy Miller, Office of Response and Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as Recovery, Federal Emergency 97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster Management Agency, 500 C Street, SW., Disaster Unemployment Assistance (DUA); assistance and administrative expenses. Washington, DC 20472, (202) 646–3886. 97.046, Fire Management Assistance Grant; You are authorized to provide Individual 97.048, Disaster Housing Assistance to Assistance and Public Assistance in the SUPPLEMENTARY INFORMATION: Notice is designated areas and Hazard Mitigation hereby given that, in a letter dated May Individuals and Households In Presidentially Declared Disaster Areas; 97.049, throughout the State. Direct Federal 10, 2011, the President issued a major Presidentially Declared Disaster Assistance— assistance is authorized. Consistent with the disaster declaration under the authority Disaster Housing Operations for Individuals requirement that Federal assistance is of the Robert T. Stafford Disaster Relief and Households; 97.050, Presidentially supplemental, any Federal funds provided and Emergency Assistance Act, 42 Declared Disaster Assistance to Individuals under the Stafford Act for Public Assistance, U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), and Households—Other Needs; 97.036, Hazard Mitigation, and Other Needs as follows: Disaster Grants—Public Assistance Assistance will be limited to 75 percent of (Presidentially Declared Disasters); 97.039, the total eligible costs. I have determined that the damage in Hazard Mitigation Grant. Further, you are authorized to make certain areas of the State of North Dakota changes to this declaration for the approved resulting from flooding beginning on Dated: June 3, 2011. assistance to the extent allowable under the February 14, 2011, and continuing, is of W. Craig Fugate, Stafford Act. sufficient severity and magnitude to warrant Administrator, Federal Emergency a major disaster declaration under the Robert The time period prescribed for the Management Agency. T. Stafford Disaster Relief and Emergency implementation of section 310(a), Assistance Act, 42 U.S.C. 5121 et seq. (the [FR Doc. 2011–14358 Filed 6–9–11; 8:45 am] Priority to Certain Applications for ‘‘Stafford Act’’). Therefore, I declare that such BILLING CODE 9111–23–P Public Facility and Public Housing a major disaster exists in the State of North Dakota. Assistance, 42 U.S.C. 5153, shall be for In order to provide Federal assistance, you DEPARTMENT OF HOMELAND a period not to exceed six months after are hereby authorized to allocate from funds SECURITY the date of this declaration. available for these purposes such amounts as The Federal Emergency Management you find necessary for Federal disaster Federal Emergency Management Agency (FEMA) hereby gives notice that assistance and administrative expenses. Agency pursuant to the authority vested in the You are authorized to provide Public Administrator, under Executive Order Assistance in the designated areas and [Internal Agency Docket No. FEMA–1980– 12148, as amended, Elizabeth Turner, of Hazard Mitigation throughout the State. DR; Docket ID FEMA–2011–0001] Consistent with the requirement that Federal FEMA is appointed to act as the Federal assistance is supplemental, any Federal Missouri; Major Disaster and Related Coordinating Officer for this major funds provided under the Stafford Act for Determinations disaster. Public Assistance and Hazard Mitigation will The following areas of the State of be limited to 75 percent of the total eligible AGENCY: Federal Emergency Missouri have been designated as costs. Management Agency, DHS. adversely affected by this major disaster: Further, you are authorized to make changes to this declaration for the approved ACTION: Notice. Butler, Mississippi, New Madrid, St. Louis, assistance to the extent allowable under the and Taney Counties for Individual SUMMARY: Stafford Act. This is a notice of the Assistance. Presidential declaration of a major The Federal Emergency Management St. Louis County for Public Assistance. disaster for the State of Missouri Direct Federal assistance is authorized. Agency (FEMA) hereby gives notice that (FEMA–1980–DR), dated May 9, 2011, All counties and the Independent City of pursuant to the authority vested in the and related determinations. Administrator, under Executive Order St. Louis within the State of Missouri are DATES: Effective Date: May 9, 2011. 12148, as amended, Willie G. Nunn, of eligible to apply for assistance under the Hazard Mitigation Grant Program. FEMA is appointed to act as the Federal FOR FURTHER INFORMATION CONTACT: Coordinating Officer for this major Peggy Miller, Office of Response and The following Catalog of Federal Domestic Recovery, Federal Emergency Assistance Numbers (CFDA) are to be used disaster. for reporting and drawing funds: 97.030, The following areas of the State of Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. Community Disaster Loans; 97.031, Cora North Dakota have been designated as Brown Fund; 97.032, Crisis Counseling; adversely affected by this major disaster: SUPPLEMENTARY INFORMATION: Notice is 97.033, Disaster Legal Services; 97.034, Barnes, Benson, Bottineau, Burke, Cass, hereby given that, in a letter dated May Disaster Unemployment Assistance (DUA); Cavalier, Dickey, Eddy, Foster, Grand Forks, 9, 2011, the President issued a major 97.046, Fire Management Assistance Grant; Grant, Griggs, Kidder, LaMoure, Logan, disaster declaration under the authority 97.048, Disaster Housing Assistance to McHenry, McIntosh, McLean, Mercer, of the Robert T. Stafford Disaster Relief Individuals and Households In Presidentially Morton, Mountrail, Nelson, Pembina, Pierce, and Emergency Assistance Act, 42 Declared Disaster Areas; 97.049, Ramsey, Ransom, Renville, Richland, Rolette, U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Sargent, Sheridan, Steele, Stutsman, Towner, as follows: Traill, Walsh, Ward, Wells, and Williams and Households; 97.050, Presidentially Counties and the Spirit Lake Nation, the I have determined that the damage in Declared Disaster Assistance to Individuals Three Affiliated Tribes of the Fort Berthold certain areas of the State of Missouri and Households—Other Needs; 97.036, Indian Reservation, and the Turtle Mountain resulting from severe storms, tornadoes, and Disaster Grants—Public Assistance Band of Chippewa Reservation for Public flooding beginning on April 19, 2011, and (Presidentially Declared Disasters); 97.039, Assistance. continuing, is of sufficient severity and Hazard Mitigation Grant.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34091

Dated: June 3, 2011. accuracy of the agency’s estimate of the DEPARTMENT OF HOUSING AND W. Craig Fugate, burden of the proposed collection of URBAN DEVELOPMENT Administrator, Federal Emergency information; (3) Enhance the quality, [Docket No. FR–5484–N–18] Management Agency. utility, and clarity of the information to [FR Doc. 2011–14360 Filed 6–9–11; 8:45 am] be collected; and (4) Minimize the Notice of Proposed Information BILLING CODE 9111–23–P burden of the collection of information Collection for Public Comment; FHA on those who are to respond; including Lender Approval, Annual Renewal, the use of appropriate automated Periodic Updates and Noncompliance DEPARTMENT OF HOUSING AND collection techniques or other forms of Reporting by FHA Approved Lenders URBAN DEVELOPMENT information technology, e.g., permitting AGENCY: Office of the Assistant electronic submission of responses. [Docket No. FR–5484–N–22] Secretary for Housing, HUD. This Notice also lists the following ACTION: Notice. Notice of Proposed Information information: Collection: Comment Request; Form SUMMARY Title of Proposal: Management : The proposed information HUD–9834 Management Review for Review for Multifamily Housing collection requirement described below Multifamily Housing Projects will be submitted to the Office of Projects. Management and Budget (OMB) for AGENCY: Office of the Assistant OMB Control Number, if applicable: review, as required by the Paperwork Secretary for Housing, HUD. 2502–0178. Reduction Act. The Department is ACTION: Notice. Description of the need for the soliciting public comments on the subject proposal. SUMMARY: The proposed information information and proposed use: This collection requirement described below information collection is used by HUD, DATES: Comments Due Date: August 9, will be submitted to the Office of by Mortgagees, and by Contract 2011. Management and Budget (OMB) for Administrators (CAs) to evaluate the ADDRESSES: Interested persons are review, as required by the Paperwork quality of project management; invited to submit comments regarding Reduction Act. The Department is determine the causes of project this proposal. Comments must be soliciting public comments on the problems; devise corrective actions to received within sixty (60) days from the subject proposal. stabilize projects and prevent defaults; date of this Notice. Comments should refer to the proposal by name/or OMB DATES: Comments Due Date: August 9, and to ensure that fraud, waste and 2011. mismanagement are not problems for Control Number and should be sent to: Reports Liaison Officer, Department of ADDRESSES: Interested persons are the community. The information collected also supports enforcement Housing and Urban Development, 451 invited to submit comments regarding 7th Street, SW., Washington, DC 20410, this proposal. Comments should refer to actions when owners fail to implement corrective actions. Room 9120 or the number for the the proposal by name and/or OMB Federal Information Relay Service (1– Control Number and should be sent to: Agency form numbers, if applicable: 800–877–8339). Reports Liaison Officer, Department of form HUD–9834 Management Review FOR FURTHER INFORMATION CONTACT: Joy Housing and Urban Development, 451 for Multifamily Housing Projects. Hadley, Director, Office of Lender 7th Street, SW., Washington, DC 20410, Estimation of the total numbers of Activities and Program Compliance, Room 9120 or the number for the Department of Housing and Urban Federal Information Relay Service (1– hours needed to prepare the information Development, 451 7th Street SW., Room 800–877–8339). collection including number of respondents, frequency of response, and B133–P3214, Washington, DC 20410, FOR FURTHER INFORMATION CONTACT: hours of response: The number of telephone (202) 708–1515 (this is not a Harry Messner, Office of Asset burden hours is 194,928. The number of toll free number). Copies of the Management, Policy and Participation proposed forms and other available Standards Division, Department of respondents is 24,366, the number of responses is 24,366, the frequency of documents submitted to OMB may be Housing and Urban Development, 451 obtained from Ms. Hadley. 7th Street, SW., Washington, DC 20410, response is annually, and the burden SUPPLEMENTARY INFORMATION: The telephone (202) 708–2121 (this is not a hour per response is 8 hours. Department is submitting the proposed toll free number) for copies of the Status of the proposed information information collection to OMB for proposed forms and other available collection: This is an extension of a review, as required by the Paperwork information. currently approved collection. Reduction Act of 1995 (44 U.S.C. SUPPLEMENTARY INFORMATION: The Authority: The Paperwork Reduction Act Chapter 35, as amended). Department is submitting the proposed of 1995, 44 U.S.C., Chapter 35, as amended. This Notice is soliciting comments information collection to OMB for Dated: June 4, 2011. from members of the public and affected review, as required by the Paperwork agencies concerning the proposed Reduction Act of 1995 (44 U.S.C. Ronald Y. Spraker, collection of information to: (1) Evaluate Chapter 35, as amended). Associate General Deputy Assistant Secretary whether the proposed collection is This Notice is soliciting comments for Housing. necessary for the proper performance of from members of the public and affected [FR Doc. 2011–14470 Filed 6–9–11; 8:45 am] the functions of the agency, including agencies concerning the proposed BILLING CODE 4210–67–P whether the information will have collection of information to: (1) Evaluate practical utility; (2) Evaluate the whether the proposed collection is accuracy of the agency’s estimate of the necessary for the proper performance of burden of the proposed collection of the functions of the agency, including information; (3) Enhance the quality, whether the information will have utility, and clarity of the information to practical utility; (2) Evaluate the be collected; and (4) Minimize the

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34092 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

burden of the collection of information ACTION: Notice. included documents are necessary for on those who are to respond; including the application, review, commitment, the use of appropriate automated SUMMARY: The proposed information administration, technical oversight, collection techniques or other forms of collection requirement described below audit and initial/final endorsement of information technology, e.g., permitting will be submitted to the Office of Office of Hospital Facilities projects electronic submission of responses. Management and Budget (OMB) for pursuant to FHA Programs 242, 241, This Notice also lists the following review, as required by the Paperwork 223(f), 223(a)(7). information: Reduction Act. The Department is Agency form numbers, if applicable: Title of Proposal: FHA Lender soliciting public comments on the FHA 2264, HUD Forms: 92434, 92451, Approval, Annual Renewal, Periodic subject proposal. 92530, 92580, 3305, 41901, 91725, Updates and Noncompliance Reports by DATES: Comments Due Date: August 9, 92010, 92013–Hosp, 92023, 92403, FHA Approved Lenders. 2011. 92403.1, 92432, 92441, 92248, 92452, OMB Control Number, if applicable: ADDRESSES: Interested persons are 92452–A, 92457, 92415, 2466–GP, 2502–0005. invited to submit comments regarding 2466–Reg, 2576, 4128, HUD–2. 2330, Description of the need for the this proposal. Comments should refer to 2330–a, 2415, 2450–CA, 2464, 9250, information and proposed use: The the proposal by name and/or OMB 92476.1, 2453. With the new collection information is used by FHA to verify Control Number and should be sent to: all the above documents should have that lenders meet all approval, renewal, Reports Liaison Officer, Department of the suffix of: ‘‘OHF’’ (i.e. HUD 4128– update and compliance requirements at Housing and Urban Development, 451 OHF). all times. It is also used to assist FHA 7th Street, SW., Washington, DC 20410, Estimation of the total numbers of in managing its financial risks and Room 9120 or the number for the hours needed to prepare the information protect consumers from lender Federal Information Relay Service (1– collection including number of noncompliance with FHA rules and 800–877–8339). respondents, frequency of response, and regulations. FOR FURTHER INFORMATION CONTACT: hours of response: The number of Agency form numbers, if applicable: Program Contact: James E. Bolinger, burden hours is 5,957.5. The number of HUD–92001–A, FHA Lender Director, Office of Hospital Facilities, respondents is 1,165, the number of Approval Application Form. Department of Housing and Urban responses is 4,535, the frequency of HUD–92001–B, FHA Branch Development, 451 7th Street, SW., response is on occasion, and the burden Registration Form. Washington, DC 20410, telephone (202) hour per response is approximately 1 HUD 92001–C, Noncompliances on 708–0599 (this is not a toll free number) hour. Title I Lenders. for copies of the proposed forms and Status of the proposed information Estimation of the total numbers of other available information. collection: This is a new collection. hours needed to prepare the information SUPPLEMENTARY INFORMATION: The Authority: The Paperwork Reduction Act collection including number of of 1995, 44 U.S.C., Chapter 35, as amended. respondents, frequency of response, and Department is submitting the proposed Dated: June 4, 2011. hours of response: The number of information collection to OMB for burden hours is 15,940. The number of review, as required by the Paperwork Ronald Y. Spraker, respondents is 4,160, the number of Reduction Act of 1995 (44 U.S.C. Associate General Deputy Assistant Secretary responses is 20,513, the frequency of Chapter 35, as amended). for Housing. response is on occasion, and the burden This Notice is soliciting comments [FR Doc. 2011–14475 Filed 6–9–11; 8:45 am] hour per response is .78. from members of the public and affected BILLING CODE 4210–67–P Status of the proposed information agencies concerning the proposed collection: Revision of currently collection of information to: (1) Evaluate approved collection. whether the proposed collection is DEPARTMENT OF HOUSING AND necessary for the proper performance of URBAN DEVELOPMENT Authority: The Paperwork Reduction Act the functions of the agency, including [Docket No. FR–5484–N–21] of 1995, 44 U.S.C., Chapter 35, as amended. whether the information will have Dated: June 4, 2011. practical utility; (2) Evaluate the Notice of Proposed Information Ronald Y. Spraker, accuracy of the agency’s estimate of the Collection, Comment Request; Model Associate General Deputy Assistant Secretary burden of the proposed collection of Manufactured Home Installation for Housing. information; (3) Enhance the quality, Program Rules and Regulations [FR Doc. 2011–14476 Filed 6–9–11; 8:45 am] utility, and clarity of the information to AGENCY: BILLING CODE 4210–67–P be collected; and (4) Minimize the Office of the Assistant burden of the collection of information Secretary for Housing, HUD. on those who are to respond; including ACTION: Notice. DEPARTMENT OF HOUSING AND the use of appropriate automated SUMMARY: The proposed information URBAN DEVELOPMENT collection techniques or other forms of collection requirement described below information technology, e.g., permitting [Docket No. FR–5484–N–19] will be submitted to the Office of electronic submission of responses. Management and Budget (OMB) for Notice of Proposed Information This Notice also lists the following information: review, as required by the Paperwork Collection, Comment Request; Office Reduction Act. The Department is of Hospital Facilities Insured Mortgage Title of Proposal: Comprehensive Transactional Documents for the Office soliciting public comments on the Comprehensive Listing of subject proposal. Transactional Documents for of Hospital Facilities. DATES: Comments Due Date: August 9, Mortgagors, Mortgagees, Contractors OMB Control Number, if applicable: 2011. and Their Agents 2502–XXXX (Collection not yet assigned). ADDRESSES: Interested persons are AGENCY: Office of the Assistant Description of the need for the invited to submit comments regarding Secretary for Housing, HUD. information and proposed use: The this proposal. Comments should refer to

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34093

the proposal by name and/or OMB burden hours is 148,813. The number of This Notice is soliciting comments Control Number and should be sent to: respondents is 6,479, the annual from members of the public and affected Reports Liaison Officer, Department of number of responses is 343,490, the agencies concerning the proposed Housing and Urban Development, 451 frequency of response is on occasion, collection of information to: (1) Evaluate 7th Street, SW., Washington, DC 20410, and the burden hour per response is 7. whether the proposed collection is Room 9120 or the number for the Status of the proposed information necessary for the proper performance of Federal Information Relay Service (1– collection: This is an extension of a the functions of the agency, including 800–877–8339). currently approved collection. whether the information will have FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction Act practical utility; (2) Evaluate the Program Contact, Associate Deputy of 1995, 44 U.S.C., Chapter 35, as amended. accuracy of the agency’s estimate of the burden of the proposed collection of Assistant Secretary Teresa B. Payne, Dated: June 4, 2011. Office of Manufactured Housing information; (3) Enhance the quality, Ronald Y. Spraker, Programs, Department of Housing and utility, and clarity of the information to Urban Development, 451 7th Street, Associate General Deputy Assistant Secretary be collected; and (4) Minimize the for Housing. SW., Washington, DC 20410, telephone burden of the collection of information (202) 708–6423 (this is not a toll free [FR Doc. 2011–14472 Filed 6–9–11; 8:45 am] on those who are to respond; including number) for copies of the proposed BILLING CODE 4210–67–P the use of appropriate automated forms and other available information. collection techniques or other forms of information technology, e.g., permitting SUPPLEMENTARY INFORMATION: The DEPARTMENT OF HOUSING AND electronic submission of responses. Department is submitting the proposed URBAN DEVELOPMENT This Notice also lists the following information collection to OMB for [Docket No. FR–5484–N–20] information: review, as required by the Paperwork Title of Proposal: Land Survey Report Reduction Act of 1995 (44 U.S.C. Notice of Proposed Information for Insured MF Projects. Chapter 35, as amended). Collection: Comment Request; Land OMB Control Number, if applicable: This Notice is soliciting comments Survey Report/Multifamily Housing 2502–0010. from members of the public and affected Development Description of the need for the agencies concerning the proposed information and proposed use: collection of information to: (1) Evaluate AGENCY: Office of the Assistant Agency form numbers, if applicable: whether the proposed collection is Secretary for Housing, HUD. HUD–92457 necessary for the proper performance of ACTION: Notice. Estimation of the total numbers of the functions of the agency, including hours needed to prepare the information whether the information will have SUMMARY: The proposed information collection including number of practical utility; (2) Evaluate the collection requirement described below respondents, frequency of response, and accuracy of the agency’s estimate of the will be submitted to the Office of hours of response: The number of burden of the proposed collection of Management and Budget (OMB) for burden hours is 200. The number of information; (3) Enhance the quality, review, as required by the Paperwork respondents is 200, the number of utility, and clarity of the information to Reduction Act. The Department is responses is 400, the frequency of be collected; and (4) Minimize the soliciting public comments on the response is on occasion, and the burden burden of the collection of information subject proposal. hour per response is .50. on those who are to respond; including DATES: Comments Due Date: August 9, Status of the proposed information the use of appropriate automated 2011. collection: This is a new collection. collection techniques or other forms of ADDRESSES: Interested persons are Authority: The Paperwork Reduction Act information technology, e.g., permitting invited to submit comments regarding of 1995, 44 U.S.C., Chapter 35, as amended. electronic submission of responses. this proposal. Comments should refer to Dated: June 4, 2011. This Notice also lists the following the proposal by name and/or OMB Ronald Y. Spraker, information: Control Number and should be sent to: Associate General Deputy Assistant Secretary Title of Proposal: Manufactured Reports Liaison Officer, Department of for Housing. Housing Installation Program Reporting Housing and Urban Development, 451 [FR Doc. 2011–14473 Filed 6–9–11; 8:45 am] Requirements. 7th Street SW., Washington, DC 20410, BILLING CODE 4210–67–P OMB Control Number, if applicable: Room 9120 or the number for the 2502–0578. Description of the need for the Federal Information Relay Service (1– 800–877–8339). DEPARTMENT OF HOUSING AND information and proposed use: The URBAN DEVELOPMENT information collected in the HUD FOR FURTHER INFORMATION CONTACT: default states is used to build a Joyce Allen, Director, Office of [Docket No. FR–5477–N–23] permanent record of each home Multifamily Housing Development, installed in HUD responsible states. Department of Housing and Urban Federal Property Suitable as Facilities From the manufacturer to the retailer Development, 471 7th Street, SW., To Assist the Homeless Washington DC 20410, telephone (202) and then to the installer. AGENCY: Office of the Assistant 402–6130 (this is not a toll free number) Agency form numbers, if applicable: Secretary for Community Planning and for copies of the proposed forms and Form HUD–305, Form HUD–306, Form Development, HUD. other available information. HUD–307, Form HUD–308, Form HUD– ACTION: Notice. 309, Form HUD–312. SUPPLEMENTARY INFORMATION: The Estimation of the total numbers of Department is submitting the proposed SUMMARY: This Notice identifies hours needed to prepare the information information collection to OMB for unutilized, underutilized, excess, and collection including number of review, as required by the Paperwork surplus Federal property reviewed by respondents, frequency of response, and Reduction Act of 1995 (44 U.S.C. HUD for suitability for possible use to hours of response: The number of Chapter 35, as amended). assist the homeless.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34094 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

FOR FURTHER INFORMATION CONTACT: suitable property, providers should Dated: June 2, 2011. Juanita Perry, Department of Housing submit their written expressions of Mark R. Johnston, and Urban Development, 451 Seventh interest as soon as possible. For Deputy Assistant Secretary for Special Needs. Street, SW., Room 7266, Washington, complete details concerning the DC 20410; telephone (202) 708–1234; TITLE V, FEDERAL SURPLUS PROPERTY processing of applications, the reader is PROGRAM Federal Register REPORT FOR TTY number for the hearing- and encouraged to refer to the interim rule 06/10/2011 speech-impaired (202) 708–2565 (these governing this program, 24 CFR part telephone numbers are not toll-free), or 581. Suitable/Available Properties call the toll-free Title V information line Building at 800–927–7588. For properties listed as suitable/to be excess, that property may, if Missouri SUPPLEMENTARY INFORMATION: In subsequently accepted as excess by accordance with 24 CFR part 581 and FAA NDB Facility, GSA, be made available for use by the N. Farm Rd. 95, section 501 of the Stewart B. McKinney Willard MO, Homeless Assistance Act (42 U.S.C. homeless in accordance with applicable law, subject to screening for other Landholding Agency: GSA, 11411), as amended, HUD is publishing Property Number: 54201120012, this Notice to identify Federal buildings Federal use. At the appropriate time, HUD will publish the property in a Status: Surplus, and other real property that HUD has GSA Number: 7–U–MO–0689, Notice showing it as either suitable/ reviewed for suitability for use to assist Comments: 48 sq. ft., recent use: electrical the homeless. The properties were available or suitable/unavailable. equipment storage, chain-link fence reviewed using information provided to For properties listed as suitable/ surrounds property. HUD by Federal landholding agencies unavailable, the landholding agency has Texas regarding unutilized and underutilized decided that the property cannot be FAA RML Facility, buildings and real property controlled declared excess or made available for 11262 N. Houston Rosslyn Rd., by such agencies or by GSA regarding use to assist the homeless, and the Houston TX 77086, its inventory of excess or surplus property will not be available. Landholding Agency: GSA, Federal property. This Notice is also Property Number: 54201110016, published in order to comply with the Properties listed as unsuitable will not be made available for any other Status: Surplus, December 12, 1988 Court Order in GSA Number: 7–U–TX–1129. National Coalition for the Homeless v. purpose for 20 days from the date of this Comments: Correction: This property was Veterans Administration, No. 88–2503– Notice. Homeless assistance providers initially published in the 04/15/2011 OG (D.DC). interested in a review by HUD of the Federal Register so, the property is still in Properties reviewed are listed in this determination of unsuitability should its initial 60 day no disposal phrase until Notice according to the following call the toll-free information line at 1– 06/15/2011. Subsequently, this property categories: Suitable/available, suitable/ 800–927–7588 for detailed instructions was republished in the 06/03/2011 Federal unavailable, suitable/to be excess, and or write a letter to Mark Johnston at the Register; however, there will be no re- unsuitable. The properties listed in the address listed at the beginning of this starting the 60 day waiting period for this three suitable categories have been Notice. Included in the request for property from the 06/03/2011 publication. (448 sq. ft., recent use: Storage, asbestos reviewed by the landholding agencies, review should be the property address has been identified in the floor). and each agency has transmitted to (including zip code), the date of HUD: (1) Its intention to make the publication in the Federal Register, the Land property available for use to assist the landholding agency, and the property Louisiana homeless, (2) its intention to declare the number. Almonaster property excess to the agency’s needs, or For more information regarding 4300 Almonaster Ave., (3) a statement of the reasons that the particular properties identified in this New Orleans LA 70126, property cannot be declared excess or Landholding Agency: GSA, made available for use as facilities to Notice (i.e., acreage, floor plan, existing Property Number: 54201110014, assist the homeless. sanitary facilities, exact street address), Status: Surplus, Properties listed as suitable/available providers should contact the GSA Number: 7–D–LA–0576, will be available exclusively for appropriate landholding agencies at the Comments: Correction: This property was homeless use for a period of 60 days following addresses: Coast Guard: initially published in the 04/15/2011 from the date of this Notice. Where Commandant, United States Coast Federal Register so, the property is still in property is described as for ‘‘off-site use Guard, Attn: Jennifer Stomber, 2100 its initial 60 day no disposal phrase until only’’ recipients of the property will be Second St., SW., Stop 7901, 06/15/2011. Subsequently, this property Washington, DC 20593–0001; (202) 475– was republished in the 06/03/2011 Federal required to relocate the building to their Register; however, there will be no re- own site at their own expense. 5609; GSA: Mr. Gordon Creed, Acting starting the 60 day waiting period for this Homeless assistance providers Deputy Assistant Commissioner, property from the 06/03/2011 publication. interested in any such property should General Services Administration, Office (9.215 acres). send a written expression of interest to of Property Disposal, 18th & F Streets, New Mexico HHS, addressed to Theresa Rita, NW., Washington, DC 20405; (202) 501– FAA RML Facility- West Mesa, Division of Property Management, 0084; Program Support Center, HHS, Room Lost Horizon Drive, Navy: Mr. Albert Johnson, Director of Albuquerque NM, 5B–17, 5600 Fishers Lane, Rockville, Real Estate, Department of the Navy, Landholding Agency: GSA, MD 20857; (301) 443–2265. (This is not Naval Facilities Engineering Command, Property Number: 54201120013, a toll-free number.) HHS will mail to the Status: Surplus, interested provider an application Washington Navy Yard, 1330 Patterson Ave., SW., Suite 1000, Washington, DC GSA Number: 7–U–NM–0486–6, packet, which will include instructions Comments: 0.3462 acres, recent use: FAA for completing the application. In order 20374; (202) 685–9305; (these are not RML Facility, chain-link fence surrounds to maximize the opportunity to utilize a toll-free numbers). property.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34095

Unsuitable Properties DATES: We must receive comments or phone number, e-mail address, or other Building requests for documents on or before July personal identifying information in your 11, 2011. comment, you should be aware that Alaska ADDRESSES: Brenda Tapia, Division of your entire comment—including your Quarters 108, Management Authority, U.S. Fish and personal identifying information—may 602 Cedar Street, be made publicly available at any time. Cordova AK 99574, Wildlife Service, 4401 North Fairfax Landholding Agency: GSA, Drive, Room 212, Arlington, VA 22203; While you can ask us in your comment Property Number: 54201120004, fax (703) 358–2280; or e-mail to withhold your personal identifying Status: Excess, [email protected]. information from public review, we GSA Number: 9–U–AK–834, FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to Reasons: Within 2000 ft. of flammable or Brenda Tapia, (703) 358–2104 do so. explosive material. (telephone); (703) 358–2280 (fax); II. Background California [email protected] (e-mail). To help us carry out our conservation 7 Bldgs., SUPPLEMENTARY INFORMATION: NB Point Loma, responsibilities for affected species, the San Diego CA, I. Public Comment Procedures Endangered Species Act of 1973, section 10(a)(1)(A), as amended (16 U.S.C. 1531 Landholding Agency: Navy, A. How do I request copies of Property Number: 77201120006, et seq.) requires that we invite public applications or comment on submitted Status: Underutilized, comment before final action on these applications? Directions: 2, 612, 613, 614, T629, T638, permit applications. T639, Send your request for copies of Reasons: Secured Area. applications or comments and materials III. Permit Applications Florida concerning any of the applications to A. Endangered Species the contact listed under ADDRESSES. Bldg. 1811, Applicant: Yale University, New Haven, Naval Air Station, Please include the Federal Register Pensacola FL, notice publication date, the PRT- CT; PRT–44690A Landholding Agency: Navy, number, and the name of the applicant The applicant requests a permit to Property Number: 77201120005, in your request or submission. We will import brain specimens from lar gibbon Status: Excess, not consider requests or comments sent (Hylobates lar), orangutan (Pongo Reasons: Secured Area. to an e-mail or address not listed under pygmaeus), and gorilla (Gorilla gorilla), North Carolina ADDRESSES. If you provide an e-mail from the Primate Brain Bank, the Storage Shed, address in your request for copies of Netherlands, for the purpose of Station Wrightsville Beach, applications, we will attempt to respond scientific research. Wrightsville NC, to your request electronically. Landholding Agency: Coast Guard, Please make your requests or Applicant: Michelle Sauther, University Property Number: 88201120009, comments as specific as possible. Please of Colorado, Boulder, CO; PRT–040035 Status: Excess, confine your comments to issues for The applicant requests a renewal of Reasons: Secured Area, Extensive which we seek comments in this notice, deterioration. the permit to import biological samples and explain the basis for your from ring-tailed lemur (Lemur catta), [FR Doc. 2011–14105 Filed 6–9–11; 8:45 am] comments. Include sufficient collected in the wild in Madagascar, for BILLING CODE 4210–67–P information with your comments to the purpose of scientific research. This allow us to authenticate any scientific or notification covers activities to be commercial data you include. conducted by the applicant over a 5- The comments and recommendations year period. DEPARTMENT OF THE INTERIOR that will be most useful and likely to Applicant: Duke Lemur Center, Duke Fish and Wildlife Service influence agency decisions are: (1) Those supported by quantitative University, Durham, NC; PRT–43685A information or studies; and (2) those The applicant requests a permit to [FWS–R9–IA–2011–N122; 96300–1671– that include citations to, and analyses 0000–P5] import biological samples from mouse of, the applicable laws and regulations. lemur species (Microcebus spp.), Endangered Species Receipt of We will not consider or include in our collected in the wild in Madagascar, for Applications for Permit administrative record comments we the purpose of scientific research. This receive after the close of the comment notification covers activities to be AGENCY: Fish and Wildlife Service, period (see DATES) or comments conducted by the applicant over a 5- Interior. delivered to an address other than those year period. ACTION: Notice of receipt of applications listed above (see ADDRESSES). Applicant: Smithsonian National for permit. B. May I review comments submitted by Zoological Park, Washington, DC; PRT– SUMMARY: We, the U.S. Fish and others? 42315A Wildlife Service, invite the public to Comments, including names and The applicant requests a permit to comment on the following applications street addresses of respondents, will be import 1.1, live, captive-born cheetahs to conduct certain activities with available for public review at the (Acinonyx jubatus jubatus), from South endangered species. With some address listed under ADDRESSES. The Africa, for the purpose of enhancement exceptions, the Endangered Species Act public may review documents and other of the survival of the species. (ESA) prohibits activities with listed information applicants have sent in species unless a Federal permit is issued support of the application unless our Applicant: Robert Janes, Jacksonville, that allows such activities. The ESA allowing viewing would violate the FL; PRT–42758A requires that we invite public comment Privacy Act or Freedom of Information The applicant requests a permit to before issuing these permits. Act. Before including your address, import a sport-hunted trophy of one

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34096 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

male bontebok (Damaliscus pygargus County, Wyoming, administered by the DATES: The Supplement to the Draft EIS pygargus) culled from a captive herd BLM Wyoming High Plains District will be available for public review for 45 maintained under the management Office. The BLM approves Alternative 1, calendar days following the date that program of the Republic of South Africa, the No Action alternative for this LBA the Environmental Protection Agency for the purpose of enhancement of the in the South Gillette Area Coal Final publishes its NOA in the Federal survival of the species. EIS, which is to reject this application. Register. The BLM can best use A large portion of the West Coal Creek comments and resource information Brenda Tapia, LBA study area contains lands held by submitted within this 45-day review Program Analyst/Data Administrator, Branch a qualified surface owner who currently period. of Permits, Division of Management Authority. has not consented to coal leasing. As a ADDRESSES: Comments on the result, the BLM has determined that Supplement may be submitted by any of [FR Doc. 2011–14421 Filed 6–9–11; 8:45 am] there are insufficient coal reserves in the BILLING CODE 4310–55–P the following methods: remaining lands within the study area to • Mail: Bureau of Land Management, configure a tract that would be in the Attn: Stephanie Howard, Vernal Field DEPARTMENT OF THE INTERIOR public interest. Rejection of the lease Office, 170 South 500 East, Vernal, UT application does not preclude an 84078. Bureau of Land Management application to lease the same tract, or a • E-mail: tract configured with the lands included [email protected]. [LLWYP00000–L51100000–GA0000– in the study area, in the future. The • LVEMK09CK330; WYW172585] Fax: (435) 781–4410. BLM will not schedule or conduct a Please reference the Greater Natural Notice of Availability of the Record of competitive coal lease sale for the West Buttes Supplement when submitting Decision for the Final Environmental Coal Creek LBA. your comments. Comments and Impact Statement and the South This decision is subject to appeal to information submitted on the Gillette Area West Coal Creek Coal the Interior Board of Land Appeals Supplement to the Draft EIS for the Lease-by-Application, Wyoming (IBLA), as provided in 43 CFR part 4, Greater Natural Buttes project, including within thirty (30) days from the date of names, e-mail addresses, and street AGENCY: Bureau of Land Management, publication of this NOA in the Federal addresses of respondents will be Interior. Register. The ROD contains instructions available for public review at the Vernal ACTION: Notice of availability. for filing an appeal with the IBLA. Field Office. The BLM will not accept anonymous comments. Before including SUMMARY: In accordance with the Donald A. Simpson, your address, phone number, e-mail National Environmental Policy Act of State Director. address, or other personal identifying 1969, the Bureau of Land Management [FR Doc. 2011–14238 Filed 6–9–11; 8:45 am] information in your comment, you (BLM) announces the availability of the BILLING CODE 4310–22–P should be aware that your entire Record of Decision (ROD) for the West comment—including your personal Coal Creek Coal Lease-by-Application identifying information—may be made (LBA) included in the South Gillette DEPARTMENT OF THE INTERIOR publicly available at any time. While Area Coal Lease Applications Final you can ask us in your comment to Environmental Impact Statement (EIS). Bureau of Land Management withhold your personal identifying ADDRESSES: The document is available information from public review, we [LLUTG01100–11–L13100000–EJ0000] electronically on the following Web site: cannot guarantee that we will be able to http://www.blm.gov/wy/st/en/info/ Notice of Availability of a Supplement do so. NEPA/HighPlains/SouthGillette.html. to the Draft Environmental Impact FOR FURTHER INFORMATION CONTACT: Paper copies of the ROD are also Statement for the Greater Natural Stephanie Howard, Project Manager, available at the following BLM office Buttes Area Gas Development Project, BLM Vernal Field Office, 170 South 500 locations: East, Vernal, UT 84078; telephone, 435– • Bureau of Land Management, Uintah County, UT 781–4400. Wyoming State Office, 5353 AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: Yellowstone Road, Cheyenne, Wyoming Interior. 82009; and The Greater Natural Buttes Project ACTION: • Bureau of Land Management, Notice of availability. Area (GNBPA) is located in Uintah County, Utah. Wyoming High Plains District Office, SUMMARY: Under the National 2987 Prospector Drive, Casper, Environmental Policy Act (NEPA), the Salt Lake Meridian, Utah Wyoming 82604. Federal Land Policy and Management T. 8 S., R. 20–23 E., FOR FURTHER INFORMATION CONTACT: Ms. Act of 1976 (FLPMA) and associated T. 9 S., R. 20–24 E., Teresa Johnson, EIS Project Manager, at regulations, the Bureau of Land T. 10 S., R. 20–23 E., 307–261–7510 or Mr. Tyson Sackett, Management (BLM) has prepared a T. 11 S., R. 21–22 E. Acting Wyoming Coal Coordinator, at Supplement to the Draft Environmental The areas described aggregate 307–775–6487. Ms. Johnson’s office is Impact Statement (EIS) that evaluates, approximately 162,911 acres in an located at the BLM High Plains District analyzes, and discloses to the public existing gas producing area, according Office, 2987 Prospector Drive, Casper, additional air quality impacts of the to the official plats of the surveys of the Wyoming 82604. Mr. Sackett’s office is Greater Natural Buttes proposal to said lands, on file in the Bureau of Land located at the BLM Wyoming State develop natural gas in Uintah County, Management. Office, 5353 Yellowstone Road, Utah. All other environmental impacts In response to a proposal submitted Cheyenne, Wyoming 82009. are incorporated by reference to the by Kerr-McGee Oil & Gas Onshore LP SUPPLEMENTARY INFORMATION: The West Draft EIS. This notice announces a 45- (KMG), a wholly-owned subsidiary of Coal Creek coal tract ROD addresses day public comment period to meet the Anadarko Petroleum Corporation, the leasing Federal coal in Campbell requirements of the NEPA. BLM published in the October 5, 2007,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34097

Federal Register, a Notice of Intent (NEPA) of 1969, as amended, and the County Organizations—Central Nevada (NOI) to prepare an EIS. In addition, a National Historic Preservation Act of Regional Water Authority, White Pine, 45-day public comment period for the 1966 (NHPA), as amended, the Bureau Lincoln, and Clark counties (NV); and Draft EIS began on July 16, 2010, when of Land Management (BLM) has Juab, Millard, and Tooele counties (UT). the EPA published a Notice of prepared a Draft Environmental Impact Review copies are also available in Availability for the Draft EIS in the Statement (EIS) and a Draft the following locations: Federal Register, and ended on August Programmatic Agreement (PA), which is BLM Offices in Nevada 30, 2010. included as an Appendix to the EIS, for This notice announces a Supplement the Southern Nevada Water Authority’s Nevada State Office, 1340 Financial to the Draft EIS, which is located online (SNWA) Clark, Lincoln, and White Pine Blvd., Reno at http://www.blm.gov/ut/st/en/fo/ Counties Groundwater Development Ely District Office, 702 N. Industrial vernal/planning/nepa_.html. The Project (SNWA Project), and by this Way, Ely Supplement to the Draft EIS analyzes notice is announcing the opening of the Caliente Field Office, U.S. Hwy. 93, only new information relating to the comment period. Building #1, Caliente project’s conformance with the National DATES: To ensure comments will be Southern Nevada District Office, 4701 Ambient Air Quality Standards for 1- considered, the BLM must receive N. Torrey Pines Drive, Las Vegas. hour nitrogen dioxide (NO ) and sulfur 2 written comments on the SNWA Project Libraries in Nevada dioxide (SO2), and discloses recent Draft EIS and Draft PA within 90 days ozone monitoring data. All other following the date the Environmental Nevada State Library, 100 N. Stewart environmental impacts are incorporated Protection Agency publishes its Notice St., Carson City by reference to the Draft EIS. A Final of Availability in the Federal Register. White Pine County Library, 950 EIS will be prepared after the comment The BLM will announce future meetings Campton St., Ely period for the Supplement closes. All or hearings and any other public Lincoln County Library, 100 Depot Ave., comments received during the Draft EIS involvement activities at least 15 days Caliente comment period and the Supplement in advance through public notices, Lincoln County Library, 100 N. First St. comment period will be responded to in media releases, and/or mailings. E., Alamo Mesquite Library, 121 W. First N. St., the Final EIS. ADDRESSES: You may submit comments The BLM asks that those submitting Mesquite related to the Draft EIS or the Draft PA comments make them as specific as Clark County Library, 1401 E. Flamingo for the SNWA Project by any of the possible with reference to chapters, page Road, Las Vegas. following methods: numbers, and paragraphs in the • E-mail: [email protected]. BLM Offices in Utah Supplement to the Draft EIS. Comments • Fax: (775) 861–6689. Utah State Office, 440 W. 200 S., Salt that contain only opinions or • Mail: SNWA Project, Bureau of Lake City preferences will not receive a formal Land Management, Attn: Penny Woods, West Desert District Office, 2370 S. 2300 response; however, they will be P.O. Box 12000, Reno Nevada 89520. considered, and included, as part of the W., Salt Lake City For a copy of the SNWA Project Draft Color Country District Office, 1760 East BLM decision-making process. The most EIS and Draft PA you may: send a useful comments will contain new DL Sargent Drive, Cedar City written request to BLM at the above Fillmore Field Office, 35 E. 500 N., technical or scientific information, address; call project manager Penny identify data gaps in the impact Fillmore Woods at (775) 861–6466; e-mail St George Field Office, 345 E. Riverside analysis, or provide technical or _ penny [email protected]; or download Drive, St. George. scientific rationale for opinions or the document from the BLM’s Web site preferences. at http://www.blm.gov/5w5c. A list of Libraries in Utah Jeff Rawson, where review copies are available is in Utah State Library, 250 N. 1950 W., Salt Associate State Director. the SUPPLEMENTARY INFORMATION section. Lake City [FR Doc. 2011–14405 Filed 6–9–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: Delta City Library, 76 N. 200 W., Delta BILLING CODE 4310–DQ–P Penny Woods, Project Manager, Cedar City Library, 303 N. 100 E., Cedar telephone (775) 861–6466; address P.O. City Box 12000, Reno, Nevada 89520; e-mail Washington County Library, 88 W. 100 DEPARTMENT OF THE INTERIOR [email protected]. Persons who S., St George use a telecommunications device for the Tooele City Library, 128 W. Vine St., Bureau of Land Management deaf (TDD) may call the Federal Tooele [LLNVL00000.L51010000.ER0000. Information Relay Service (FIRS) at 1– Nephi Library, 21 E. 100 N., Nephi LVRWF09F3450 241A; N–78803; 11–08807; 800–877–8339 to contact the above Beaver Library, 55 W. Center St., Beaver. MO#4500020763; TAS: 14X5017] individual during normal business The Draft EIS describes and analyzes hours. The FIRS is available 24 hours a SNWA’s rights-of-way (ROW) request Notice of Availability of the Draft day, 7 days a week, to leave a message over public land for the SNWA Project, Environmental Impact Statement, or question with the above individual. which would develop and convey Including a Draft Programmatic You will receive a reply during normal groundwater rights that may be granted Agreement, for the Clark, Lincoln, and business hours. by the Nevada State Engineer (NSE) to White Pine Counties Groundwater SUPPLEMENTARY INFORMATION: SNWA in Spring, Snake, Delamar, Dry Development Project, NV Cooperating Agencies: Federal—Fish Lake, and Cave valleys based on AGENCY: Bureau of Land Management, and Wildlife Service, Bureau of applications that are currently pending Interior. Reclamation, Bureau of Indian Affairs, before the NSE. The Draft EIS addresses ACTION: Notice of Availability. National Park Service, Forest Service, the ROW request as submitted by Army Corps of Engineers, Nellis Air SNWA; alternative alignments of SUMMARY: In accordance with the Force Base; State—Nevada Department pipelines, power lines and other National Environmental Policy Act of Wildlife, State of Utah; Counties and ancillary facilities; alternative pumping

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34098 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

locations/scenarios; and a no action project phase. The NEPA regulations for safety considerations to allow for alternative. encourage Federal agencies to tier displacement of the conductors. Only a A programmatic agreement is a environmental documents for multi- portion of the permanent ROWs would program alternative allowed under the stage projects to eliminate repetitive be disturbed for installation of power regulations of the Advisory Council on discussions of the same issues and to poles and access roads where needed. Historic Preservation (ACHP) for focus on the issues that are ready for The permanent ROWs for the power complying with the historic properties decision at each level of environmental lines carrying only 25 kV are 50 feet in review process required of every Federal review. width. Temporary ROWs for the power undertaking pursuant to section 106 of This EIS is broad in scope and lines are not required because the NHPA and its implementing regulations evaluates the potential environmental permanent ROWs are sufficient for (36 CFR 800.14). When executed by the effects of granting SNWA’s proposed construction needs. BLM, the Nevada State Historic ROW, including: (1) Pumping up to In connection with the development Preservation Officer (SHPO), the U.S. 184,655 afy of SNWA groundwater of the Draft PA, the BLM identified 15 Army Corps of Engineers, ACHP, and rights (if permitted by the NSE); and (2) federally recognized Indian tribes with SNWA, the terms of the executed PA Construction of the SNWA Project’s a traditional or historic connection to will set forth the conditions for proposed main pipeline, power the areas potentially impacted by the satisfying the SNWA Project’s facilities, and water storage and proposed project. The BLM has initiated obligations under section 106 of the treatment facilities which are part of the government-to-government consultation NHPA. current ROW request. These mainline and invited those 15 tribes to sign the Under the proposed action, SNWA facilities are not all of the facilities PA as concurring parties. The BLM has could be granted a ROW that would ultimately required for construction and also granted consulting party status to permit the development and operation operation of the SNWA Project, if fully certain interested organizations, groups, of a system of regional water facilities developed. Full development of the and agencies that have requested such that could be used to convey up to SNWA Project would likely require status for the Section 106 process. 217,655 acre-feet-per-year (afy) of between 108 and 131 groundwater The Draft PA describes the roles and groundwater rights, including 184,655 production wells, 100–250 miles of responsibilities of the signatories, the afy of SNWA groundwater rights (if collector pipeline and overhead power procedures and standards for permitted by the NSE) with the lines, and 2 additional pumping stations determining the areas of potential remaining capacity reserved for future and electrical substations. The specific effects from the project for direct, visual, use by Lincoln County. The exact locations of these additional facilities indirect and cumulative effects. This amount of groundwater available to the are dependent upon future rulings of the document also describes the roles of proposed project is dependent upon the NSE (whether and where the SNWA’s Indian tribes and consulting parties in future action by the NSE. The EIS and groundwater right applications are the Section 106 consultation process, ROW application do not authorize or granted), exploratory drilling (which and describes the procedures that will address permitting of water rights. The would determine where SNWA can best be used to encourage participation and NSE is solely responsible for those access its groundwater rights), and take into account the comments of the issues. agency agreements (SNWA may agree to public. The Draft PA also describes The proposed ROW project would change the location, timing, and procedures for identifying historic include approximately 306 miles of a quantity of pumping to minimize or properties that may be affected by the buried water pipeline between 16 and mitigate effects to sensitive resources). project, determine the eligibility of such 84 inches in diameter; approximately When SNWA later applies for site- properties for the National Register of 323 miles of 230 kilovolt (kV), 69 kV specific ROWs for these additional Historic Places, assessing effects from and 25 kV overhead power lines; 2 groundwater production wells and the project to qualified historic primary electrical substations, 5 associated facilities, then additional properties, and seeking ways to avoid, secondary substations, 3 pressure- NEPA compliance, tiered to this EIS, minimize, mitigate or otherwise resolve reducing facilities; 5 pumping stations; would consider the site-specific effects any identified adverse effects to such 6 regulating tanks; a 40-million-gallon- of future facility construction and properties. The Draft PA provides per-day buried storage reservoir; a 165 operation. The sources of water for the procedures for dealing with million-gallon-per-day water treatment reserved Lincoln County capacity have unanticipated discoveries of cultural facility; and associated access roads. not been determined at this time, and resources, monitoring certain segments This is the initial EIS in a tiered would be subject to additional NEPA of construction by qualified NEPA evaluation process. As described compliance, tiered to this EIS, before it archaeologists and Indian tribal in Council on Environmental Quality could be conveyed and delivered by the monitors, resolving disputes among the Regulations, a tiered NEPA process can SNWA Project. signatories and concurring parties, and be used for Proposed Actions such as A permanent ROW of up to 100 feet otherwise comply with Section 106 the SNWA Project when specific in width and temporary construction obligation. locations have not been defined for all ROWs of an additional 100 feet would The BLM notified the public of nine phases. Under NEPA, tiering involves a be required for the main and lateral scoping meetings that were held in two-fold approach wherein general pipelines. In areas of level terrain and various communities in Clark, Lincoln, analyses are first covered in a broad EIS stable soil conditions, the amount of and White Pine counties (Nevada) and and more detailed issues are tiered disturbance of the temporary ROWs may Tooele and Juab counties (Utah) (referenced) to that broader EIS. Once be reduced, however, any potential between April 26 and May 11, 2005. the broader EIS is completed, reductions would not be known until The public was offered the opportunity subsequent narrower statements or after detailed alignment surveys and to provide oral and written comments at environmental assessments incorporate project design have been completed. the scoping meetings. A total of 648 the general discussions from the broader The permanent ROW needed for individuals attended the scoping EIS by reference, allowing the power line combinations containing 230 meetings, of which 210 individuals subsequent document to concentrate on kV and/or 69 kV conductors would be provided oral comments. During this the issues specific to the project or 100 feet in width. This width is required first scoping period a total of 954

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34099

substantive letters were received from DEPARTMENT OF THE INTERIOR identifying information—may be made agencies, organizations, businesses, and publicly available at any time. While individuals, and a total of 4,958 form National Park Service you can ask us in your comment to letters (mainly email) were received [NPS–WASO–DPOL–611–7592; 0004–SYP] withhold your personal identifying from non-governmental organizations. information from public review, we In the summer of 2006, additional Meeting of the National Park System cannot guarantee that we will be able to scoping was conducted to provide Advisory Board do so. opportunity for public comment on Draft minutes of the meeting will be substantive SNWA Project changes: (1) AGENCY: National Park Service, Providing additional pipeline capacity Department of the Interior. available for public inspection about 12 for use by Lincoln County; and (2) ACTION: Notice of meeting. weeks after the meeting in the 12th floor Removal of the Tikaboo Lateral in conference room at 1201 I Street, NW., SUMMARY: Notice is hereby given in Tikaboo Valley North. A total of 256 Washington, DC. accordance with the Federal Advisory substantive letters and no form letters Committee Act, 5 U.S.C. Appendix, that Dated: June 7, 2011. were received during the second the National Park System Advisory Bernard Fagan, scoping period. Board will conduct a teleconference Chief, Office of Policy. During both scoping periods, a total of meeting on June 30, 2011. Members of [FR Doc. 2011–14458 Filed 6–9–11; 8:45 am] 1,210 substantive letters were received. the public may attend the meeting in Of this total, 597 were received from BILLING CODE 4312–52–P person in Washington, DC. During this Nevada, 459 from Utah, and 154 from teleconference, the Board will make other states or countries. Key issues recommendations to the Director of the DEPARTMENT OF THE INTERIOR identified by individuals, groups, and National Park Service concerning the governmental entities include water National Park Service’s 2016 centennial National Park Service supply and use, competing or anniversary. conflicting land uses, and cumulative impacts and connected actions. DATES: The teleconference meeting will [NPS–WASO–NRNHL–0511–7546; 2280– The BLM has prepared the current be held on June 30, 2011, from 1 p.m., 665] draft version of the PA in consultation to 3 p.m., Eastern Daylight Time, National Register of Historic Places; with the Nevada SHPO, ACHP and inclusive. Notification of Pending Nominations SNWA. In 2007, the BLM initiatiated Location: The teleconference meeting government-to-government consultation will be conducted in Meeting Room B and Related Actions with the interested tribes in the project of the American Geophysical Union, Nominations for the following area. In 2011, the BLM convened tribal 2000 Florida Avenue, NW., Washington, information sessions in Ely and Las DC 20009, telephone 202–462–6900. properties being considered for listing Vegas, Nevada, to discuss the Draft PA FOR FURTHER INFORMATION CONTACT: For or related actions in the National and to receive comments and information concerning the National Register were received by the National suggestions on the Draft PA and other Park System Advisory Board or to Park Service before May 21, 2011. aspects of the project from interested request to address the Board, contact Pursuant to § 60.13 of 36 CFR Part 60, Indian tribes. In March 2011, the BLM Shirley Sears Smith, National Park written comments are being accepted also coordinated with the nine other Service, 1201 I Street, NW., 12th Floor, concerning the significance of the consulting parties that requested to Washington, DC 20005, telephone 202– nominated properties under the participate in the Section 106 process. 354–3955, e-mail National Register criteria for evaluation. _ _ Please note that public comments will shirley s [email protected]. Comments may be forwarded by United be available for public review and SUPPLEMENTARY INFORMATION: Due to the States Postal Service, to the National disclosure at the BLM Nevada State limited scope of this meeting, the Register of Historic Places, National Office, 1340 Financial Blvd., Reno, National Park Service has determined Park Service, 1849 C St., NW., MS 2280, Nevada during regular business hours, 8 that a teleconference will be the most Washington, DC 20240; by all other a.m. to 4 p.m., Monday through Friday, efficient way to convene the Board carriers, National Register of Historic except holidays. members. The Board meeting will be Places, National Park Service,1201 Eye Before including your address, phone open to the public in the same way that St., NW., 8th floor, Washington DC number, e-mail address, or other other Board meetings have been open to 20005; or by fax, 202–371–6447. Written personal identifying information in your the public. Space and facilities to or faxed comments should be submitted comment, you should be aware that accommodate the public are limited and by June 27, 2011. Before including your your entire comment—including your attendees will be accommodated on a address, phone number, e-mail address, personal identifying information—may first-come basis. Opportunities for oral or other personal identifying be made publicly available at any time. comment will be limited to no more information in your comment, you While you can ask us in your comment than 3 minutes per speaker and no more should be aware that your entire to withhold your personal identifying than 15 minutes total. The Board’s comment—including your personal information from public review, we Chairman will determine how time for identifying information—may be made cannot guarantee that we will be able to oral comments will be allotted. Anyone publicly available at any time. While do so. may file with the Board a written statement concerning matters to be you can ask us in your comment to Authority: 40 CFR 1506.6, 40 CFR withhold your personal identifying 1506.10. discussed. Before including your address, telephone number, e-mail information from public review, we Amy Lueders, address, or other personal identifying Acting Nevada State Director. information in your comment, you [FR Doc. 2011–14149 Filed 6–9–11; 8:45 am] should be aware that your entire BILLING CODE 4310–HC–P comment—including your personal

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34100 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

cannot guarantee that we will be able to INTERNATIONAL TRADE issuance of an exclusion order and/or a do so. COMMISSION cease and desist order in this investigation would negatively affect the J. Paul Loether, Notice of Receipt of Complaint; public health and welfare in the United Chief, National Register of Historic Places/ Solicitation of Comments Relating to States, competitive conditions in the National Historic Landmarks Program. the Public Interest United States economy, the production of like or directly competitive articles in ALABAMA AGENCY: U.S. International Trade Commission. the United States, or United States Madison County consumers. ACTION: Notice. Dallas Mill Village Historic District, Dickson In particular, the Commission is St. NE. to Russell St. NE., Rison Ave. NE. SUMMARY: Notice is hereby given that interested in comments that: to Pratt Ave. NE., Huntsville, 11000406 the U.S. International Trade (i) Explain how the articles potentially subject to the orders are used Mobile County Commission has received a complaint entitled In Re Certain GPS Navigation in the United States; (ii) Identify any public health, safety, Davis Avenue Recreation Center, 1361 Dr. Products, Components Thereof, and or welfare concerns in the United States Martin Luther King, Jr. Ave., Mobile, Related Software, DN 2814; the relating to the potential orders; 11000407 Commission is soliciting comments on International Longshoreman’s Association (iii) Indicate the extent to which like any public interest issues raised by the or directly competitive articles are Hall, 505 Dr. Martin Luther King, Jr. Ave., complaint. Mobile, 11000408 produced in the United States or are FOR FURTHER INFORMATION CONTACT: otherwise available in the United States, KANSAS James R. Holbein, Secretary to the with respect to the articles potentially Commission, U.S. International Trade Butler County subject to the orders; and Commission, 500 E Street, SW., (iv) Indicate whether Complainant, Yingling Brothers Auto Company, (Roadside Washington, DC 20436, telephone (202) Complainant’s licensees, and/or third Kansas MPS) 411 S. Main St., El Dorado, 205–2000. The public version of the party suppliers have the capacity to 11000409 complaint can be accessed on the replace the volume of articles Sedgwick County Commission’s electronic docket (EDIS) potentially subject to an exclusion order at http://edis.usitc.gov, and will be Butts, J. Arch, Packard Building, (Roadside and a cease and desist order within a available for inspection during official Kansas MPS) 1525 E. Douglas Ave., commercially reasonable time. business hours (8:45 a.m. to 5:15 p.m.) Wichita, 11000410 Written submissions must be filed no in the Office of the Secretary, U.S. later than by close of business, five Shawnee County International Trade Commission, 500 E business days after the date of Hughes Conoco Service Station, (Roadside Street, SW., Washington, DC 20436, publication of this notice in the Federal Kansas MPS) 400 SW. Taylor St., Topeka, telephone (202) 205–2000. Register. There will be further 11000411 General information concerning the opportunities for comment on the Commission may also be obtained by public interest after the issuance of any NEW JERSEY accessing its Internet server (http:// final initial determination in this Passaic County www.usitc.gov). The public record for investigation. this investigation may be viewed on the Hinchliffe Stadium, Maple and Liberty Sts., Persons filing written submissions Commission’s electronic docket (EDIS) Paterson, 11000412 must file the original document and 12 at http://edis.usitc.gov. Hearing- true copies thereof on or before the NORTH DAKOTA impaired persons are advised that deadlines stated above with the Office information on this matter can be Williams County of the Secretary. Submissions should obtained by contacting the refer to the docket number (‘‘Docket No. Williston High School, 612 1st Ave. W., Commission’s TDD terminal on (202) 2814’’) in a prominent place on the Williston, 11000413 205–1810. cover page and/or the first page. The PUERTO RICO SUPPLEMENTARY INFORMATION: The Commission’s rules authorize filing Commission has received a complaint submissions with the Secretary by San Juan Municipality filed on behalf of Honeywell facsimile or electronic means only to the Casa Dra. Concha Melendez Ramirez, 1400 International Inc. on June 6, 2011. The extent permitted by section 201.8 of the Vila Mayo, San Juan, 11000414 complaint alleges violations of section rules (see Handbook for Electronic SOUTH CAROLINA 337 of the Tariff Act of 1930 (19 U.S.C. Filing Procedures, http://www.usitc.gov/ 1337) in the importation into the United secretary/fed_reg_notices/rules/ Greenville County States, the sale for importation, and the documents/handbook_on_ Fountain Inn Principal’s House and sale within the United States after electronic_filing.pdf). Persons with Teacherage, 105 Mt. Zion Dr., Fountain importation of certain GPS navigation questions regarding electronic filing Inn, 11000415 products, components thereof, and should contact the Secretary (202–205– related software. The complaint names 2000). WISCONSIN as respondents Furuno Electric Co., Ltd Any person desiring to submit a Milwaukee County of Japan and Furuno U.S.A., Inc. of document to the Commission in Oak Creek Parkway, (Milwaukee County Camas, WA. confidence must request confidential Parkway System) Between Grant Park at The complainant, proposed treatment. All such requests should be Hawthorne Ave. & Rawson Ave., South respondents, other interested parties, directed to the Secretary to the Milwaukee, 11000416 and members of the public are invited Commission and must include a full to file comments, not to exceed five statement of the reasons why the [FR Doc. 2011–14373 Filed 6–9–11; 8:45 am] pages in length, on any public interest Commission should grant such BILLING CODE 4312–51–P issues raised by the complaint. treatment. See 19 CFR 201.6. Documents Comments should address whether for which confidential treatment by the

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34101

Commission is properly sought will be 42782, July 22, 2010). Notice of the hours (8:45 a.m. to 5:15 p.m.) in the treated accordingly. All nonconfidential scheduling of the Commission’s reviews Office of the Secretary, U.S. written submissions will be available for and of a public hearing to be held in International Trade Commission, 500 E public inspection at the Office of the connection therewith was given by Street, SW., Washington, DC 20436, Secretary. posting copies of the notice in the Office telephone (202) 205–2000. General This action is taken under the of the Secretary, U.S. International information concerning the Commission authority of section 337 of the Tariff Act Trade Commission, Washington, DC, may also be obtained by accessing its of 1930, as amended (19 U.S.C. 1337), and by publishing the notice in the Internet server at http://www.usitc.gov. and of sections 201.10 and 210.50(a)(4) Federal Register on October 12, 2010 The public record for this investigation of the Commission’s Rules of Practice (75 FR 62566). The hearing was held in may be viewed on the Commission’s and Procedure (19 CFR 201.10, Washington, DC, on April 6, 2011, and electronic docket (EDIS) at http:// 210.50(a)(4)). all persons who requested the edis.usitc.gov. Hearing-impaired Issued: June 6, 2011. opportunity were permitted to appear in persons are advised that information on By order of the Commission. person or by counsel. this matter can be obtained by The Commission transmitted its James R. Holbein, contacting the Commission’s TDD determination in these reviews to the terminal on (202) 205–1810. Secretary to the Commission. Secretary of Commerce on June 6, 2011. SUPPLEMENTARY INFORMATION: [FR Doc. 2011–14379 Filed 6–9–11; 8:45 am] The The views of the Commission are Commission instituted this investigation BILLING CODE 7020–02–P contained in USITC Publication 4237 on March 29, 2010, based on a (June 2011) entitled Hot-Rolled Flat- complaint filed by Freescale Rolled Carbon-Quality Steel Products Semiconductor, Inc. of Austin Texas. 75 INTERNATIONAL TRADE from Brazil, Japan, and Russia: COMMISSION FR 16837 (Mar. 29, 2010). The Investigation Nos. 701–TA–384 and complaint alleged violations of Section [Investigation Nos. 701–TA–384 and 731– 731–TA–806–808 (Second Review). 337 of the Tariff Act of 1930 (19 U.S.C. TA–806–808 Second Review] By order of the Commission. 1337) in the importation into the United Hot-Rolled Flat-Rolled Carbon-Quality Issued: June 6, 2011. States, the sale for importation, and the Steel Products From Brazil, Japan, and James R. Holbein, sale within the United States after Russia Secretary to the Commission. importation of certain integrated [FR Doc. 2011–14375 Filed 6–9–11; 8:45 am] circuits, chipsets, and products Determinations BILLING CODE 7020–02–P containing same including televisions, On the basis of the record 1 developed media players, and cameras by reason of in the subject five-year reviews, the infringement of certain claims of U.S. United States International Trade INTERNATIONAL TRADE Patent Nos. 5,467,455 (‘‘the ‘455 Commission (Commission) determines, COMMISSION patent’’), 5,715,014, and 7,199,306. The complaint, as amended, named the pursuant to section 751(c) of the Tariff [Investigation No. 337–TA–709] Act of 1930 (19 U.S.C. 1675(c)), that following respondents: Panasonic termination of the suspension In the Matter of Certain Integrated Corporation of Osaka, Japan; Panasonic agreement on hot-rolled flat-rolled Circuits, Chipsets, and Products Corporation of North America of carbon-quality steel products from Containing Same Including Secaucus, New Jersey; Funai Electric Russia would be likely to lead to Televisions, Media Players, and Co., Ltd. of Osaka, Japan, Funai continuation or recurrence of material Cameras; Notice of Commission Corporation, Inc. of Rutherford, New injury to an industry in the United Determination Not To Review a Final Jersey Funai (collectively ‘‘Funai’’); JVC States within a reasonably foreseeable Determination of No Violation of Americas Corp. of Wayne, New Jersey; time. The Commission further Section 337; Termination of the Victor Company of Japan Limited of determines that revocation of the Investigation Yokohama, Japan; Best Buy Purchasing, countervailing duty order on hot-rolled LLC, Best Buy.Com, LLC, Best Buy flat-rolled carbon-quality steel products AGENCY: U.S. International Trade Stores, L.P., all of Richfield, Minnesota from Brazil and revocation of the Commission. (collectively ‘‘Best Buy’’); B&H Foto & antidumping duty orders on hot-rolled ACTION: Notice. Electronics Corp. of New York, New York; Huppin’s Hi-Fi Photo & Video, flat-rolled carbon-quality steel products SUMMARY: Notice is hereby given that from Brazil and Japan would not be Inc. of Spokane, Washington; Buy.com the U.S. International Trade Inc. of Aliso Viejo, California; QVC, Inc. likely to lead to continuation or Commission has determined not to recurrence of material injury to an of West Chester, Pennsylvania; review the final initial determination Crutchfield Corporation of industry in the United States within a (‘‘ID’’) issued by the presiding reasonably foreseeable time.2 Charlottesville, VA. Only Funai, Best- administrative law judge (‘‘ALJ’’) on Buy, and Wal-Mart remain as Background April 4, 2011, finding no violation of respondents, and only the ‘455 patent is section 337 in the above-captioned The Commission instituted these currently at issue. investigation. reviews on April 1, 2010 (75 FR 16504) On April 4, 2011, the presiding ALJ and determined on July 6, 2010 that it FOR FURTHER INFORMATION CONTACT: Jia issued a final ID finding no violation of would conduct full reviews (75 FR Chen, Office of the General Counsel, section 337 by respondents Funai, Best- U.S. International Trade Commission, Buy and Wal-Mart. The ALJ concluded 1 The record is defined in sec. 207.2(f) of the 500 E Street, SW., Washington, DC that none of the accused products Commission’s Rules of Practice and Procedure (19 20436, telephone (202) 708–4737. infringe the ‘455 patent because the CFR 207.2(f)). Copies of non-confidential documents third-party documents relied on by 2 Commissioners Charlotte R. Lane and Dean A. Pinkert dissent with respect to the determinations filed in connection with this complainant to show infringement were regarding hot-rolled flat-rolled carbon-quality steel investigation are or will be available for entitled to no evidentiary weight. The products from Brazil and Japan. inspection during official business ALJ further concluded that otherwise all

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34102 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

of the elements for proving a violation to reduce the emissions of particulate ACTION: Request for Comments—LSC were shown and that respondents have matter and hydrocarbons; (4) perform a Budget Request for FY 2013. not established that the ‘455 patent is supplemental environmental project by invalid under 35 U.S.C. 102 for spending $132,627 to restore, cleanup, SUMMARY: The Legal Services anticipation, under 35 U.S.C. 103 for rebuild and re-vegitate with plants Corporation is beginning the process of obviousness, or under 35 U.S.C. 112 for which have high adsorption capacity for developing its FY 2013 budget request failure to comply with the written dioxins and furans, the river edge of to Congress and is soliciting suggestions description requirement. On April 28, Allied’s property located along the as to what the request should be. 2011, complainant filed a petition for Chicago River; (5) provide periodic DATES: Written comments will be review of the ID. On the same day, reports to EPA regarding its accepted until 12 noon Eastern Time on respondents filed a contingent petition implementation of its obligations under June 15, 2011. seeking review only if the Commission the decree, and (6) pay a civil penalty ADDRESSES: Written comments may be otherwise determined to review the ID. of $92,210. submitted by mail, fax or e-mail to Having examined the record of this The Department of Justice will receive David L. Richardson, Treasurer, Legal investigation, including the ALJ’s final for a period of thirty (30) days from the Services Corporation, 3333 K St., NW., ID and the submissions of the parties, date of this publication comments Washington, DC 20007; 202–295–1630 the Commission has determined not to relating to the Consent Decree. (phone); 202–337–6834 (fax); review the ID. Comments should be addressed to the [email protected]. The authority for the Commission’s Assistant Attorney General, determination is contained in section Environment and Natural Resources FOR FURTHER INFORMATION CONTACT: 337 of the Tariff Act of 1930, as Division, and either mailed to David L. Richardson, Comptroller & amended (19 U.S.C. 1337), and in [email protected] or Treasurer, Legal Services Corporation, sections 210.42–46 and 210.50 of the mailed to P.O. Box 7611, U.S. 3333 K St., NW., Washington, DC 20007; Commission’s Rules of Practice and Department of Justice, Washington, DC 202–295–1510 (phone); 202–337–6834 Procedure (19 CFR 210.42–46 and 20044–7611, and should refer to United (fax); [email protected]. 210.50). States v. Allied Metal Company, D.J. SUPPLEMENTARY INFORMATION: The Issued: June 6, 2011. Ref. 90–5–2–1–08732. mission of the Legal Services By order of the Commission. The Consent Decree may be examined Corporation (‘‘LSC’’ or ‘‘Corporation’’) is at the Office of the United States James R. Holbein, to promote equal access to justice in our Attorney, Attn. Kurt N. Lindland, Nation and to provide for high-quality Secretary to the Commission. Assistant United States Attorney, 219 S. civil legal assistance to low income [FR Doc. 2011–14433 Filed 6–9–11; 8:45 am] Dearborn Street, 5th Flr., Chicago, persons. LSC submits an annual budget BILLING CODE 7020–02–P Illinois, and at U.S. EPA Region 5, 77 request directly to Congress and West Jackson Blvd., 14th Flr., Chicago, receives an annual direct appropriation Illinois. During the public comment to carry out its mission. For the current DEPARTMENT OF JUSTICE period, the Consent Decree may also be fiscal year, FY 2011, after a rescission, examined on the following Department LSC received an appropriation of Notice of Lodging of Consent Decree of Justice Web site: http://www.usdoj. $404,190,000 of which $378,641,200 is Under The Clean Air Act gov/enrd/Consent_Decrees.html. A copy for basic field programs and required Pursuant to 28 CFR 50.7, notice is of the Consent Decree may also be independent audits; $4,191,600 is for hereby given that on May 16, 2011, a obtained by mail from the Consent the Office of Inspector General; proposed Consent Decree in United Decree Library, P.O. Box 7611, U.S. $16,966,000 is for management and States v. Allied Metal Company, Civil Department of Justice, Washington, DC grants oversight; $3,393,200 is for Action No. 11 C 3228, was lodged with 20044–7611 or by faxing or e-mailing a technology initiative grants; and the United States District Court for the request to Tonia Fleetwood $998,000 is for loan repayment Northern District of Illinois. ([email protected]), fax number assistance. Public Law 112–10, 125 Stat. In a civil action filed simultaneously (202) 514–0097, phone confirmation 38 (April 15, 2011). with the Consent Decree, the United number (202) 514–1547. In requesting a As part of its annual budget and States seeks a civil penalty against copy from the Consent Decree Library, appropriation process, LSC notifies the Allied Metal Company (‘‘Allied’’), please enclose a check in the amount of Office of Management and Budget pursuant to Section 113(b) of the Clean $9.25 payable to the U.S. Treasury or, if (‘‘OMB’’) in September as to what the Air Act (‘‘CAA’’), 42 U.S.C. 7413(b), for by e-mail or fax, forward a check in that LSC budget request to Congress will be alleged environmental violations of 40 amount to the Consent Decree Library at for the next fiscal year. Accordingly, CFR Part 63, Subpart RRR. These the stated address. LSC is currently in the process of violations are alleged to have occurred Maureen M. Katz, formulating its FY 2013 budget request. The Finance Committee of the LSC at Allied’s facility located at 4528 W. Assistant Section Chief, Environmental Division Street, Chicago, Illinois. Enforcement Section, Environment and Board of Directors will meet on June 16, Under the proposed settlement, Allied Natural Resources Division. 2011, to hear testimony and commence will be required to (1) permanently shut [FR Doc. 2011–14380 Filed 6–9–11; 8:45 am] deliberations on what to recommend to the full Board for adoption as the down its thermal chip dryer and remove BILLING CODE 4410–15–P it as an emission source from its permit; Corporation’s FY 2013 budget request. (2) surrender all pollution credits LSC invites public comment on what relating to emissions from the chip its FY 2013 budget request should be. dryer; (3) perform a supplemental LEGAL SERVICES CORPORATION Interested parties may submit comments environmental project by spending Request for Comments—LSC Budget to LSC by 12 noon Eastern Time on $132,627 to retrofit municipal or school Request for FY 2013 Wednesday, June 15, 2011. More bus diesel vehicles within Cook County information about LSC may be found at by installing pollution control devices AGENCY: Legal Services Corporation. LSC’s Web site: http://www.lsc.gov.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34103

Dated: June 3, 2011. constitute unwarranted invasions of environmental matters the Board is Victor M. Fortuno, personal privacy. These matters are required independently to (1) determine Vice President & General Counsel. exempt under 5 U.S.C. 552b(c)(6) of the whether the requirements of section [FR Doc. 2011–14368 Filed 6–9–11; 8:45 am] Government in the Sunshine Act. 102(2)(A), (C) and (E) of the National BILLING CODE 7050–01–P Dated: June 7, 2011. Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(A), (C), (E), Susanne Bolton, and Subpart A of 10 CFR part 51 have Committee Management Officer. been complied with in the proceeding; NATIONAL CREDIT UNION [FR Doc. 2011–14402 Filed 6–9–11; 8:45 am] ADMINISTRATION (2) determine whether the review BILLING CODE 7555–01–P conducted by the NRC staff pursuant to Sunshine Act; Notice of Agency Part 51 has been adequate; (3) consider Meeting the final balance among conflicting NUCLEAR REGULATORY factors contained in the record of the TIME AND DATE: 5:30 p.m., Thursday, COMMISSION proceeding with a view to determining June 9, 2011. the appropriate action to be taken; and Atomic Safety and Licensing Board PLACE: Board Room, 7th Floor, Room (4) determine, after weighing the 7047, 1775 Duke Street, Alexandria, VA [Docket No. 70–7015–M; ASLBP No. 10– environmental, economic, technical, 22314–3428. 899–02–ML–BD01] and other benefits against the environmental and other costs, and STATUS: Closed. In the Matter of Areva Enrichment considering reasonable alternatives, MATTERS TO BE CONSIDERED: Services, LLC (Eagle Rock Enrichment whether a license should be issued, 1. Consideration of Supervisory Facility); Notice of Hearing, (Notice of denied, or appropriately conditioned to Activity. Closed pursuant to some or all Evidentiary Hearing and Opportunity protect environmental values. More of the following: exemptions (8), To Provide Oral and Written Limited specifically with regard to this portion (9)(A)(ii) and 9(B). Appearance Statements) of the proceeding that concerns FOR FURTHER INFORMATION CONTACT: generally the environmental-related June 2, 2011. Mary Rupp, Secretary of the Board, aspects of the AES environmental report Telephone: 703–518–6304. Before Administrative Judges: G. Paul and the associated staff final Bollwerk, III, Chairman, Dr. Kaye D. Mary Rupp, environmental impact statement Lathrop, Dr. Craig M. White. (FEIS),2 AES and the staff will make Board Secretary. The Atomic Safety and Licensing evidentiary presentations to the Board [FR Doc. 2011–14597 Filed 6–8–11; 4:15 pm] Board hereby gives notice that it will regarding the purpose and need for the BILLING CODE convene an evidentiary session to proposed EREF; ‘‘preconstruction’’ receive testimony and exhibits in the activities; greenhouse gas impacts of the ‘‘mandatory hearing’’ portion of this EREF’s production power consumption; NATIONAL SCIENCE FOUNDATION proceeding regarding the December construction air quality impacts; the 2008 application by AREVA Enrichment facility’s radiological effluent President’s Committee on the National Services, LLC (AES) seeking a license monitoring program; and the status of Medal of Science; Notice of Meeting under 10 CFR Parts 30, 40, and 70 the historic/cultural resources In accordance with the Federal authorizing (1) the construction and memorandum of agreement and Advisory Committee Act (Pub. L. 92– operation of a gas centrifuge uranium associated mitigation measures. 463, as amended), the National Science enrichment facility—denoted as the B. Date, Time, and Location of Foundation announces the following Eagle Rock Enrichment Facility Environmental-Related Portion of the meeting: (EREF)—in Bonneville County, Idaho; Mandatory Hearing and (2) the receipt, possession, use, NAME: President’s Committee on the The Board will conduct the portion of National Medal of Science (1182). delivery, and transfer of byproduct (e.g., calibration sources), source and special the mandatory hearing regarding DATE AND TIME: Wednesday, July 6, 2011, nuclear material at the EREF. This environmental matters beginning at 9:30 8:30 a.m.–3:30 p.m. evidentiary hearing session will concern a.m. Mountain Time (MT) on Tuesday, PLACE: National Science Foundation, environmental matters relating to the July 12, 2011, at the Red Lion on the 4201 Wilson Boulevard, Arlington, VA, proposed issuance of the requested Falls Convention Center, Targhee/ 22230. license. In addition, the Licensing Board Bonneville Rooms, 475 River Parkway, TYPE OF MEETING: Closed. gives notice that, in accordance with 10 (Eagle Rock Enrichment Facility), 74 FR 38,052, CONTACT PERSON : Ms. Mayra Montrose, CFR 2.315(a), it will entertain oral and 38,054 (July 30, 2009) (CLI–09–15, 70 NRC 1, 7–8 Program Manager, Room 1282, National written limited appearance statements (2009)). Science Foundation, 4201 Wilson Blvd., from members of the public in 2 After conducting a January 2011 evidentiary Arlington, VA 22230. Telephone: 703– connection with this proceeding. hearing session concerning safety-related matters 292–4757. relative to the AES safety analysis report and the A. Matters To Be Considered associated staff safety evaluation report, in an April PURPOSE OF MEETING: To provide advice 2011 partial initial decision the Licensing Board and recommendations to the President As set forth by the Commission in the provided its findings and conclusions, determining in the selection of the 2011 National July 30, 2009 notice of hearing regarding that (1) the AES application contains sufficient this proceeding,1 relative to information to support license issuance; and (2) the Medal of Science recipients. staff’s review of the application had been adequate AGENDA: To review and evaluate to support license issuance, subject to a license 1 See Notice of Receipt of Application for License; condition regarding the qualifications of the nominations as part of the selection Notice of Consideration of Issuance of License; facility’s nuclear criticality safety manager and an process for awards. Notice of Hearing and Commission Order and Order unresolved decommissioning funding financial REASON FOR CLOSING: The nominations Imposing Procedures for Access to Sensitive assurance issue that awaits Commission Unclassified Non-Safeguards Information and consideration of a pending Board-certified question. being reviewed include information of a Safeguards Information for Contention Preparation; See LBP–11–11, 73 NRC, _, _-_ (slip op. at 82–84) personal nature where disclosure would In the Matter of Areva Enrichment Services, LLC (Apr. 8, 2011).

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34104 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Idaho Falls, Idaho. The hearing will security measures that may be E-mail: [email protected] and continue from day-to-day until employed. Attendees are also requested [email protected]. concluded. AES and the staff will be not to bring any unnecessary hand- F. Submitting Written Limited carried items, such as packages, parties to the mandatory hearing and Appearance Statements will present witnesses and evidentiary briefcases, backpacks, or other items material. that might need to be examined As provided in 10 CFR 2.315(a), any Any member of the public who plans individually. Items that could readily be person not a party, or the representative to attend the mandatory hearing is used as weapons will not be permitted of a party, to the proceeding may submit advised that security measures may be in the room where these sessions will be a written statement setting forth his or employed at the entrance to the room held. Also, during these sessions, signs her position on matters of concern housing the hearing, including searches no larger than 18 inches by 18 inches relating to this proceeding. Although of hand-carried items such as briefcases will be permitted, but may not be these statements do not constitute or backpacks, and is reminded to allow attached to sticks, held over one’s head, testimony or evidence, they nonetheless sufficient time for security screening. or moved about in the room. may help the Board or the parties in their consideration of the issues in this C. Date, Time, and Location of Oral The time allotted for each limited appearance statement normally will be proceeding. Limited Appearance Statement A written limited appearance no more than five minutes, but may be Sessions statement may be submitted at any time further limited depending on the and should be sent to the Office of the Oral limited appearance sessions number of written requests to make an Secretary using one of the methods regarding the AREVA mandatory oral statement that are submitted in hearing proceeding will be on the prescribed below: accordance with section E below and/or Mail: Office of the Secretary, following dates at the specified location the number of persons present at the and times: Rulemakings and Adjudications Staff, designated times to ensure everyone U.S. Nuclear Regulatory Commission, 1. Date: Sunday, July 10, 2011 (if will have an opportunity to speak. In there is sufficient interest). Washington, DC 20555–0001. addition, in the case of the Monday Fax: (301) 415–1101 (verification Time: 3 to 5 p.m. MT. evening session, although an individual Location: Bennion Student Union (301) 415–1966). who previously addressed the Licensing Multipurpose Room, 1784 Science E-mail: [email protected]. Board at the Sunday afternoon limited Center Drive, University Place in Idaho In addition, using the same method of appearance session may request an Falls, Idaho Falls, Idaho. service, a copy of the written limited opportunity to make an additional 2. Date: Monday, July 11, 2011 (if appearance statement should be sent to presentation, the Board reserves the there is sufficient interest). the Chairman of this Licensing Board as Time: 7 to 9 p.m. MT. right to defer such additional follows: Location: Same as Session 1 above. presentations until after it has heard Mail: Administrative Judge G. Paul from speakers who have not had an Bollwerk, III, Atomic Safety and D. Participation Guidelines for Oral opportunity to make an initial Licensing Board Panel, Mail Stop T– Limited Appearance Statements presentation. 3F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555– Any person not a party, or the E. Submitting a Request To Make an 0001. representative of a party, to this Oral Limited Appearance Statement mandatory hearing proceeding will be Fax: (301) 415–5599 (verification permitted to make an oral statement A person wishing to make an oral (301) 415–6094). setting forth his or her position on statement who has submitted a timely E-mail: [email protected]. matters of concern relating to the written request to do so will be given G. Availability of Documentary proceeding. Although these statements priority over those who have not filed Information Regarding the Proceeding do not constitute testimony or evidence, such a request. To be considered timely, a written request to make an oral The AES application and various staff they nonetheless may help the documents relating to the application Licensing Board and/or the parties in statement must either be mailed, faxed, or sent by e-mail so as to be received by are available on the NRC Web site at their consideration of the issues in this http://www.nrc.gov/materials/fuel- portion of the mandatory hearing. 5 p.m. Eastern Time (ET) on Friday, July 1, 2011. The request must specify the cycle-fac/arevanc.html. Oral limited appearance statements These and other documents relating to session (Sunday or Monday) during will be entertained during the hours this proceeding are available for public which the requester wishes to make an specified above, or such lesser time as inspection at the Commission’s Public oral statement. Based on its review of may be necessary to accommodate the Document Room (PDR), located at One the requests received by July 1, 2011, speakers who are present. In this regard, White Flint North, 11555 Rockville Pike the Licensing Board may decide that the if all scheduled and unscheduled (first floor), Rockville, Maryland, or speakers present at a session have made Sunday afternoon and/or Monday electronically from the publicly- a presentation, the Licensing Board evening sessions will not be held due to available records component of NRC’s reserves the right to terminate the a lack of adequate interest in those document system (ADAMS). ADAMS is session before the ending times listed sessions. accessible from the NRC Web site at above. The Board also reserves the right Written requests to make an oral http://www.nrc.gov/reading-rm/ to cancel the Sunday afternoon and/or statement should be submitted to: adams.html (the Public Electronic Monday evening sessions scheduled Mail: Administrative Judge G. Paul Reading Room).3 Persons who do not above if there has not been a sufficient Bollwerk, III, Atomic Safety and showing of public interest as reflected Licensing Board Panel, Mail Stop T– 3 Some documents determined by the staff to by the number of preregistered speakers. 3F23, U.S. Nuclear Regulatory contain ‘‘sensitive’’ information are publicly Any member of the public who plans Commission, Washington, DC 20555– available only in redacted form; non-sensitive 0001. documents are publicly available in their complete to attend the limited appearance form. In addition, some documents that may sessions is strongly advised to arrive Fax: (301) 415–5599 (verification contain information proprietary to AES are publicly early to allow time to pass through any (301) 415–6094). available only in redacted form.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34105

have access to ADAMS or who relating to inadequate financial filed with the Secretary of the encounter problems in accessing the assurance provided by the licensee for Commission for the Commission to documents located in ADAMS should TMI–2’s nuclear decommissioning fund. review. As provided for by this contact the NRC PDR reference staff by As the basis for the September 30, regulation, the Decision will constitute telephone at (800) 397–4209 or (301) 2010, request, the Petitioner states that the final action of the Commission 25 415–4737 (available between 8 a.m. and the current radiological days after the date of the Decision 4 p.m. ET, Monday through Friday decommissioning cost estimate is unless the Commission, on its own except federal holidays), or by e-mail to $831.5 million and the current amount motion, institutes a review of the [email protected]. in the decommissioning trust fund is Decision within that time. $484.5 million, as of December 31, 2008. H. Information Updates to Schedule Dated at Rockville, Maryland, this 2nd day Further, the Petitioner states that of June 2011. Any updates or revisions to the FENOC’s decommissioning report is For the Nuclear Regulatory Commission. mandatory hearing schedule or the inadequate, and fails to account for the Scott W. Moore, special status of TMI–2, the current schedule for limited appearance Acting Director, Office of Federal and State sessions can be found on the NRC Web level of underfunding, or the fact that Materials and Environmental Management site at http://www.nrc.gov/public- decommissioning rate recovery for Programs. Metropolitan Edison and Pennsylvania involve/public-meetings/index.cfm, or [FR Doc. 2011–14424 Filed 6–9–11; 8:45 am] Electric ceases per Pennsylvania Public by calling (800) 368–5642, extension BILLING CODE 7590–01–P 5036 (available between 7 a.m. and 9 Utility Commission Orders on p.m. ET, Monday through Friday, except December 31, 2010. federal holidays), or by calling (301) On October 19, 2010, the Petitioner NUCLEAR REGULATORY 415–5036 (available seven days a week, and licensee met with the staff’s PRB via COMMISSION twenty-four hours a day). teleconference. The meeting gave the It is so ordered. Petitioner and the licensee an [NRC–2011–0107; Docket Nos. 50–325 and opportunity to provide additional 50–324] Dated: June 2, 2011. information and to clarify issues For the Atomic Safety and Licensing identified in the petition. Carolina Power & Light Company, Board. The NRC sent a copy of the proposed Brunswick Steam Electric Plant Units 1 G. Paul Bollwerk, III, Director’s Decision to the Petitioner and and 2; Exemption Chairman, Rockville, Maryland. to the licensee for comment on April 5, 1.0 Background [FR Doc. 2011–14416 Filed 6–9–11; 8:45 am] 2011 (ADAMS Nos. ML110680183 and BILLING CODE 7590–01–P ML110940183). The Petitioner Carolina Power & Light Company, et responded with comments on May 1, al. (the licensee), is the holder of 2011 (ADAMS No. ML111260128) and Facility Operating License Nos. DPR–71 NUCLEAR REGULATORY the licensee responded on April 18, and DPR–62, which authorize operation COMMISSION 2011 (ADAMS No. ML11116A073). of the Brunswick Steam Electric Plant Comments submitted by the Petitioner (BSEP), Units 1 and 2, respectively. The [Docket No. 50–320; License No. DPR–73; licenses provide, among other things, NRC–2010–0358] and licensee, and the NRC staff responses, are discussed in the that the facility is subject to all rules, FirstEnergy Nuclear Operating attachment to the Director’s Decision. regulations, and orders of the U.S. Company; Notice of Issuance of The Director of FSME has determined Nuclear Regulatory Commission (NRC, Director’s Decision that the request for NRC to demand Commission) now or hereafter in effect. information relating to inadequate The facility consists of two boiling Notice is hereby given that the financial assurance provided by the water reactors located in Southport, Director, Office of Federal and State licensee for TMI–2’s nuclear North Carolina. Materials and Environmental decommissioning fund, be denied. The 2.0 Request/Action Management Programs (FSME), has request is denied because the updated issued a Director’s Decision with regard decommissioning funding status report By letter dated December 16, 2010 to a petition dated September 30, 2010, submitted by GPU Nuclear on March 29, (Agencywide Documents Access and filed by Eric J. Epstein, hereinafter 2010, for TMI–2, which is the latest site- Management System (ADAMS) referred to as the ‘‘Petitioner.’’ The specific decommissioning funding plan, Accession No. ML103630405, as petition was supplemented during an provides adequate decommissioning supplemented by letter dated January October 19, 2010, Petition Review Board funding assurance in accordance with 27, 2011 (ADAMS Accession No. (PRB) meeting, via teleconference, with NRC regulations. GPU Nuclear is owned ML110400193), and pursuant to Title 10 the Petitioner and FirstEnergy by FENOC. A complete discussion of of the Code of Federal Regulations (10 Corporation, hereinafter referred to as the reasons for this decision are CFR) 26.9, ‘‘Specific exemptions,’’ the FENOC. [NOTE: GPU Nuclear is the explained in the Director’s Decision licensee requested an exemption from license holder for Three Mile Island, pursuant to 10 CFR 2.206 (DD–11–04), the requirements of 10 CFR 26.205(c), Unit 2 (TMI–2).] The transcript of this the complete text of which is available ‘‘Work hours scheduling,’’ and (d), teleconference is available in the in ADAMS for inspection at the ‘‘Work hour controls,’’ during Agencywide Documents Access and Commission’s Public Document Room, declarations of severe weather Management System (ADAMS No. located at One White Flint, 11555 conditions such as tropical storm and ML103120216). The petition concerns Rockville Pike (first floor), Rockville, hurricane-force winds at the BSEP site. the decommissioning funding for Maryland 20852, and from the ADAMS Subsequent letters dated March 7 and TMI–2. Public Library component on the NRC’s April 13, 2011 (ADAMS Accession Nos. The petition requested that the U.S. Web site, http://www.nrc.gov (the public ML110730275 and ML11110A021, Nuclear Regulatory Commission (NRC) Electronic Reading Room). respectively) provided responses to the take enforcement action in the form of As provided in 10 CFR 2.206(c), a NRC staff’s requests for additional a Demand for Information from FENOC copy of this Director’s Decision will be information (RAIs).

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34106 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

The NRC staff has reviewed the requested exemption applies to start of the first shift following exiting licensee’s request using the regulations individuals who perform duties the exemption. contained in 10 CFR 26.205 and 10 CFR identified in 10 CFR 26.4(a)(1) through The licensee states that there is no 26.207, and related Statement of (a)(5) who are designated by BSEP as need for an exemption for BSEP covered Considerations in the 10 CFR Part 26, ‘‘covered workers.’’ The requested workers during the period of declared ‘‘Fitness for Duty Programs’’ Final Rule exemption is to support effective emergency when the sustained wind published in the Federal Register on response to severe weather conditions speed is greater than 100 miles per hour March 31, 2008 (73 FR 16966–17235). when travel to and from the BSEP site (mph), since, in accordance with 10 CFR As stated in 10 CFR Part 26, Subpart may not be safe or even possible. During 26.207(d), licensees are not required to I, ‘‘Managing Fatigue,’’ the requirements these times, the licensee sequesters meet the requirements of 10 CFR in 10 CFR 26.205 apply to individuals sufficient individuals, including 26.205(c) and (d) during a declared identified in 10 CFR 26.4(a)(1) through covered workers, to perform work as a emergency. The licensee indicated that (a)(5). These individuals’ duties are: (1) member of the storm crew. The licensee the exemption will be applied during Operating or onsite directing of the staffs those who will be sequestered the period defined by the entry and exit operation of structures, systems and onsite during the severe wind event to conditions, regardless of whether BSEP components (SSCs) that a risk-informed perform two 12-hour shifts. The licensee enters the period of declared emergency. evaluation process has shown to be states that the storm crews are As a result, there will be only one set significant to public health and safety; augmented by the emergency response of entry and exit conditions. (2) performing health physics or organization (ERO) personnel based on chemistry duties required as a member the severity category of the storm. In its letter dated December 16, 2010, of the onsite emergency response Therefore, the exemption request would the licensee committed to maintain the organization’s minimum shift also apply to members of the ERO who following guidance in a site procedure: complement; (3) performing the duties are subject to work hour controls and • The entry conditions necessary to of a fire brigade member who is who will also be sequestered on site sequester site personnel that are responsible for understanding the during the severe weather conditions. consistent with the conditions specified effects of fire and fire suppressants on The exemption request specifies that the in the BSEP exemption request. safe shutdown capability; (4) performing exemption is not for discretionary • Provisions for ensuring that maintenance or onsite directing of the maintenance activities. maintenance of SSCs that a risk- personnel who are not performing The licensee requested an exemption duties are provided an opportunity as informed evaluation process has shown from the requirements of 10 CFR to be significant to public health and well as accommodations for restorative 26.206(c) and (d) during the period of rest. safety; and (5) performing security time defined by the following entry and • The condition for departure from duties as an armed security force officer, exit conditions. alarm station operator, response team the exemption, consistent with Entry Condition: This is the start time leader, or watchperson. conditions specified in the exemption when individuals designated to the The regulations in 10 CFR 26.205(c) request. require that an individual’s work hours storm crew performing duties identified be scheduled consistent with the in 10 CFR 26.4(a)(1) through (a)(5) will 3.0 Discussion objective of preventing impairment from not have to meet the requirements of 10 CFR 26.205(c) and (d). This occurs Pursuant to 10 CFR 26.9, the fatigue due to the duration, frequency, Commission may, upon application of or sequencing of successive shifts. when the site enters procedure 0AI–68, ‘‘Brunswick Nuclear Plant Response to an interested person or on its own Paragraph 26.205(d) of 10 CFR initiative, grant exemptions from the provides the actual work hour controls, Severe Weather Warnings,’’ and senior plant management determines that requirements of 10 CFR part 26 when it which include a maximum of 16 work determines the exemptions are hours in any 24-hour period, 26 work travel conditions to the site will potentially become hazardous such that authorized by law and will not endanger hours in any 48-hour period, and 72 life or property or the common defense work hours in any 7-day period. This storm crew staffing will be required based on verifiable weather conditions. and security, and are otherwise in the section also specifies the minimum public interest. break times between work periods and Verifiable weather conditions are the minimum number of days off that defined as when the site is located Authorized by Law should be provided by a licensee to the within the National Hurricane Center identified individuals. 5-day cone of probability for predicted The exemption being requested for Paragraph 10 CFR 26.205(b) provides winds of tropical storm or hurricane- BSEP would allow the site to sequester the requirement and method to calculate force impact. specific individuals on site and to not work hours and days worked. Paragraph Exit Condition: This is the time when meet the work hour scheduling and 10 CFR 26.205(b)(3) provides the BSEP personnel must fully comply with control requirements of 10 CFR requirement to include in the the requirements of 10 CFR 26.205(c) 26.205(c) and (d) prior and subsequent ‘‘calculation period’’ all work hours and (d) following severe weather to severe weather conditions such as performed for the licensee prior to involving tropical storm or hurricane tropical storms and hurricanes. As beginning or resuming duties subject to force winds. This date and time will be stated above, 10 CFR 26.9 allows the work hour controls. determined by senior plant management NRC to grant exemptions from the Paragraph 10 CFR 26.207(d) provides and will be when sufficient personnel requirements of 10 CFR part 26. The an allowance for licensees to not meet are available to meet the requirements of NRC staff has determined that granting the requirements of 10 CFR 26.205(c) 10 CFR 26.205(c) and (d). of the licensee’s proposed exemption and (d) during declared emergencies, as The licensee added that upon exiting will not result in a violation of the defined in the licensee’s emergency the exemption the work hour controls Atomic Energy Act of 1954, as amended, plan. will be applied and that the affected and is authorized by the Commission’s The licensee in its letter dated individuals will be provided a regulations. Therefore, the exemption is December 16, 2010, states that the minimum of a 10-hour break prior to the authorized by law.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34107

Will Not Endanger Life or Property or the threshold of a declared emergency, 26.205(d), and must ensure that any the Common Defense and Security could be present for several days. After individual performing covered work The fatigue management provisions the high wind condition has passed, complies with these requirements. found in 10 CFR Part 26, Subpart I are with or without a declared emergency, Paragraph 10 CFR 26.205(b)(3) requires designed as an integrated approach to sufficient numbers of personnel may not the licensee to ‘‘look back’’ over the managing both cumulative and acute be able to access the site to relieve the calculation period and count the hours fatigue by the licensees and individuals sequestered individuals. An exemption the individual has worked and the rest employed at licensed facilities. It is the during these conditions is consistent breaks and days off he/she has had, responsibility of the licensees to provide with the intent of 10 CFR 26.207(d). including those that occurred during the The exemption allows the licensee to training to individuals regarding fatigue licensee-declared emergency. Hours sequester individuals, who are needed worked must be below the maximum management. It is also the responsibility to maintain the safe operation of the limits and rest breaks must be above the of the licensee to provide covered facility during storm conditions, to staff minimum requirements in order for the workers with work schedules that are two 12-hour shifts of workers consisting licensee to allow the individual to consistent with the objective of of personnel from operations, perform covered work. Days off and preventing impairment from fatigue due maintenance, health physics, chemistry hours and shifts worked during the to duration, frequency or sequencing of and security and augmented by ERO licensee-declared emergency and the successive shifts. Individuals are individuals. Sequestered individuals exempted period before and after the required to remain fit for duty while at will be allowed a 12-hour break between declared emergency, would be counted work. successive work periods and no worker as usual in the establishment of the BSEP Units 1 and 2 are located in will be scheduled to work more than 12 applicable shift schedule and southeastern North Carolina, at the consecutive hours. The BSEP site compliance with the minimum number mouth of the Cape Fear River. As such, procedure 0AI–68 provides for the of days off requirements. the site can be impacted by tropical establishment of sleeping areas (bunking Granting this exemption is consistent storms and hurricane force winds, facilities) that provide an with the intent of 10 CFR 26.207(d) that typically from June to November. The accommodation for restorative rest for allows the licensee to not meet the proposed exemption would support the off-crew. A 12-hour break provides requirements of 10 CFR 26.205 (c) and effective response to severe weather each individual with an opportunity for (d) during declared emergencies as conditions when travel to and from the restorative rest. However, the defined in the licensee’s emergency BSEP site may not be safe or even accommodations and potentially plan. The 10 CFR part 26 Final Rule (73 possible. During these times BSEP plans stressful circumstances may not be as FR 17148) states, ‘‘Plant emergencies are to sequester sufficient individuals to restful as individuals would otherwise extraordinary circumstances that may be staff two 12-hour shifts to maintain the desire. Under the circumstances, these most effectively addressed through staff safe and secure operation of the facility. actions are consistent with the augmentation that can only be As a tropical storm or hurricane acceptable practice of fatigue practically achieved through the use of approaches landfall, high wind speeds management. work hours in excess of the limits of 10 in excess of wind speeds that create The exemption allows the licensee to CFR 26.205(c) and (d).’’ The objective of unsafe travel conditions may occur. The provide for the use of whatever plant the exemption is to ensure that the National Hurricane Center defines staff and resources are necessary to control of work hours do not impede a hurricane-force winds as sustained respond to a plant emergency and licensee’s ability to use whatever staff winds of 74 mph or higher. Severe wind ensure that the BSEP units achieve and resources may be necessary to respond preparedness activities become difficult maintain a safe and secure status and to a plant emergency and ensure that the once winds reach tropical storm force; can be safely restarted. The exemption plant reaches and maintains a safe and a tropical storm warning is issued 36 also allows maintenance activities for secure status. The actions described in hours in advance of the anticipated structures, systems and components that the exemption request and submitted onset of tropical storm-force winds (39 are significant to public health and procedures are consistent with the to 73 mph). Lessons learned that are safety to be performed, if required. recommendations in NUREG–1474, included in NUREG–1474, ‘‘Effect of However, the exemption does not apply ‘‘Effect of Hurricane Andrew on the Hurricane Andrew on the Turkey Point to discretionary maintenance activities. Turkey Point Nuclear Generating Nuclear Generating Station from August The NRC staff finds the exclusion of Station from August 20–30, 1992.’’ 20–30, 1992,’’ include the discretionary maintenance from the Consistent with NUERG–1474, NRC acknowledgement that detailed, exemption consistent with the intent of staff expects the licensee would have methodical preparations should be the exemption, since it supports the use completed a reasonable amount of made prior to the onset of hurricane- of necessary plant staff resources to hurricane preparation prior to the need force winds. The NRC staff finds the respond to a plant emergency. to sequester personnel, in order to BSEP proceduralized severe weather Following the severe weather event, minimize personnel exposure to high actions are consistent with the lessons BSEP will return to work hour controls winds. learned. when senior plant management The underlying purposes of 10 CFR The entry condition for the exemption determines that sufficient personnel are 26.205(c) and (d) are to prevent can occur, even though the wind speed available to return to the site to make impairment from fatigue due to necessary for the declaration of an the reinstitution of work hour controls duration, frequency, or sequencing of unusual event (defined in the licensee’s possible. When this determination is successive shifts. Based on the above emergency response plan as when made, full compliance with 10 CFR evaluation, no new accident precursors sustained wind speed is greater than 26.205(c) and (d) is again required. are created by the licensee maintaining 100 mph) is not reached. This When the exemption period(s) ends, the additional staff on site necessary to circumstance may still require the licensee is immediately subject to respond to a plant emergency during a sequestering a storm crew and a the scheduling requirements of 10 CFR severe storm to ensure that the plant recovery period. Also, high winds that 26.205(c) and the work hour/rest break/ maintains a safe and secure status; make travel unsafe but that fall below days off requirements of 10 CFR therefore, the probability of postulated

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34108 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

accidents is not increased. Even though OFFICE OF PERSONNEL Management or sent via electronic mail the licensee will utilize whatever staff MANAGEMENT to [email protected] or resources may be necessary during faxed to (202) 395–6974. severe weather preparation and storm Submission for Review: FOR FURTHER INFORMATION CONTACT: A crew activation, opportunities for Representative Payee Survey (RI 38– copy of this ICR, with applicable restorative sleep will be maintained. 115) supporting documentation, may be Also, the consequences of postulated AGENCY: U.S. Office of Personnel obtained by contacting the Office of accidents are not increased because Management. Information and Regulatory Affairs, there is no change in the types of ACTION: 30-Day Notice and request for Office of Management and Budget, 725 accidents previously evaluated. Further, comments. 17th Street, NW., Washington, DC the exemption supports sequestering 20503, Attention: Desk Officer for the enough essential security personnel to SUMMARY: The Retirement Services, Office of Personnel Management or sent provide for shift relief, which is Office of Personnel Management (OPM) via electronic mail to _ necessary to ensure adequate protection offers the general public and other oira [email protected] or faxed of the plant and personnel safety. federal agencies the opportunity to to (202) 395–6974. Therefore, the exemption will not comment on an existing information SUPPLEMENTARY INFORMATION: The endanger life or property or the common collection request (ICR) 3206–0208, Representative Payee Survey is used to Representative Payee Survey. As defense and security. collect information about how the required by the Paperwork Reduction benefits paid to a representative payee Otherwise in the Public Interest Act of 1995 (Pub. L. 104–13, 44 U.S.C. have been used or conserved for the chapter 35) as amended by the Clinger- benefit of the incompetent annuitant. The proposed exemption would Cohen Act (Pub. L. 104–106), OPM is increase the availability of the licensee soliciting comments for this collection. Analysis staff. The exemption would allow The information collection was Agency: Retirement Operations, licensee staff to remain at or return to previously published in the Federal Retirement Services, Office of Personnel the site and perform additional duties to Register on March 21, 2011 at Volume Management. ensure the plant is in a safe 76 FR 15350 allowing for a 60-day Title: Representative Payee Survey. configuration during the emergency. public comment period. No comments OMB Number: 3206–0208. Therefore, granting this exemption is in were received for this information Frequency: Annually. the public interest. collection. The purpose of this notice is Affected Public: Individuals or to allow an additional 30 days for public Households. 4.0 Conclusion comments. The Office of Management Number of Respondents: 11,000. Accordingly, the Commission has and Budget is particularly interested in Estimated Time per Respondent: 20 determined that, pursuant to 10 CFR comments that: minutes. 1. Evaluate whether the proposed 26.9, the exemption is authorized by Total Burden Hours: 3,667. collection of information is necessary U.S. Office of Personnel Management. law, will not endanger life or property for the proper performance of functions or the common defense and security, of the agency, including whether the John Berry, and is otherwise in the public interest. information will have practical utility; Director. Therefore, the Commission hereby 2. Evaluate the accuracy of the [FR Doc. 2011–14456 Filed 6–9–11; 8:45 am] grants Carolina Power & Light Company agency’s estimate of the burden of the BILLING CODE 6325–38–P an exemption from the requirements of proposed collection of information, 10 CFR 26.205(c) and (d) for BSEP, including the validity of the Units 1 and 2 during periods of severe methodology and assumptions used; OFFICE OF PERSONNEL weather conditions such as tropical 3. Enhance the quality, utility, and MANAGEMENT storm and hurricane force winds at the clarity of the information to be Submission for Review: Alternative site. collected; and 4. Minimize the burden of the Annuity Election (RI 20–80) Pursuant to 10 CFR 51.32, the collection of information on those who Commission has determined that the AGENCY: U.S. Office of Personnel are to respond, including through the Management. granting of this exemption will not have use of appropriate automated, ACTION: 60-Day Notice and request for a significant effect on the quality of the electronic, mechanical, or other comments. human environment (76 FR 28481). technological collection techniques or This exemption is effective upon other forms of information technology, SUMMARY: The Retirement Services, issuance. e.g., permitting electronic submissions Office of Personnel Management (OPM) Dated at Rockville, Maryland, this 2nd day of responses. offers the general public and other of June 2011. DATES: Comments are encouraged and federal agencies the opportunity to will be accepted until July 11, 2011. For the Nuclear Regulatory Commission. comment on a revised information This process is conducted in accordance collection request (ICR) 3206–0168, Joseph G. Giitter, with 5 CFR 1320.1. Alternative Annuity Election. As Director, Division of Operating Reactor ADDRESSES: Interested persons are required by the Paperwork Reduction Licensing, Office of Nuclear Reactor invited to submit written comments on Act of 1995, (Pub. L. 104–13, 44 U.S.C. Regulation. the proposed information collection to chapter 35) as amended by the Clinger- [FR Doc. 2011–14425 Filed 6–9–11; 8:45 am] the Office of Information and Regulatory Cohen Act (Pub. L. 104–106), OPM is BILLING CODE 7590–01–P Affairs, Office of Management and soliciting comments for this collection. Budget, 725 17th Street, NW., The Office of Management and Budget Washington, DC 20503, Attention: Desk is particularly interested in comments Officer for the Office of Personnel that:

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34109

1. Evaluate whether the proposed U.S. Office of Personnel Management. information provided under rule 30b1– collection of information is necessary John Berry, 5 is not kept confidential. An agency for the proper performance of functions Director. may not conduct or sponsor, and a of the agency, including whether the [FR Doc. 2011–14457 Filed 6–9–11; 8:45 am] person is not required to respond to, a information will have practical utility; BILLING CODE 6325–38–P collection of information unless it 2. Evaluate the accuracy of the displays a currently valid OMB control agency’s estimate of the burden of the number. proposed collection of information, SECURITIES AND EXCHANGE Written comments are invited on: (a) including the validity of the COMMISSION Whether the proposed collection of methodology and assumptions used; information is necessary for the proper 3. Enhance the quality, utility, and Proposed Collection; Comment performance of the functions of the clarity of the information to be Request agency, including whether the collected; and information will have practical utility; 4. Minimize the burden of the Upon Written Request, Copies Available (b) the accuracy of the agency’s estimate collection of information on those who From: Securities and Exchange of the burden of the collection of are to respond, including through the Commission, Office of Investor information; (c) ways to enhance the use of appropriate automated, Education and Advocacy, quality, utility, and clarity of the electronic, mechanical, or other Washington, DC 20549–2833. information collected; and (d) ways to technological collection techniques or Extension: minimize the burden of the collection of other forms of information technology, Rule 30b1–5; SEC File No. 270–520; OMB information on respondents, including e.g., permitting electronic submissions Control No. 3235–0577. through the use of automated collection of responses. Notice is hereby given that, pursuant techniques or other forms of information DATES: Comments are encouraged and to the Paperwork Reduction Act of 1995 technology. Consideration will be given will be accepted until August 9, 2011. (44 U.S.C. 3501 et seq.), the Securities to comments and suggestions submitted This process is conducted in accordance and Exchange Commission (the in writing within 60 days of this with 5 CFR 1320.1. ‘‘Commission’’) is soliciting comments publication. ADDRESSES: Interested persons are on the collection of information Please direct your written comments invited to submit written comments on summarized below. The Commission to Thomas A. Bayer, Director/Chief the proposed information collection to plans to submit this existing collection Information Officer, Securities and U.S. Office of Personnel Management, of information to the Office of Exchange Commission, c/o Remi Pavlik- Linda Bradford (Acting) Deputy Management and Budget (‘‘OMB’’) for Simon, 6432 General Green Way, Associate Director, Retirement Alexandria, VA 22312; or send an e- extension and approval. _ Operations, Retirement Services, 1900 E Rule 30b1–5 (17 CFR 270.30b1–5) mail to: PRA [email protected]. Street, NW., Room 3305, Washington, under the Investment Company Act of Dated: June 6, 2011. DC 20415–3500 or sent via electronic 1940 (15 U.S.C. 80a–1 et seq.) (the Cathy H. Ahn, mail to [email protected]. ‘‘Investment Company Act’’) requires Deputy Secretary. FOR FURTHER INFORMATION CONTACT: A registered management investment [FR Doc. 2011–14391 Filed 6–9–11; 8:45 am] copy of this ICR, with applicable companies, other than small business BILLING CODE 8011–01–P supporting documentation, may be investment companies registered on obtained by contacting the Retirement Form N–5 (17 CFR 239.24 and 274.5) Services Publications Team. Office of (‘‘funds’’), to file a quarterly report via SECURITIES AND EXCHANGE Personnel Management, 1900 E Street, the Commission’s EDGAR system on COMMISSION NW., Room 4332, Washington, DC Form N–Q (17 CFR 249.332 and 20415, Attention: Cyrus S. Benson, or 274.130), not more than sixty calendar Proposed Collection; Comment sent via electronic mail to days after the close of each first and Request third fiscal quarter, containing their [email protected] or faxed to Upon Written Request, Copies Available (202) 606–0910. complete portfolio holdings. The purpose of the collection of information From: Securities and Exchange SUPPLEMENTARY INFORMATION: RI 20–80 Commission, Office of Investor is used for individuals who are eligible required by rule 30b1–5 is to meet the disclosure requirements of the Education and Advocacy, to elect whether to receive a reduced Washington, DC 20549–0213. annuity and a lump-sum payment equal Investment Company Act and to provide to their retirement contributions investors with information necessary to Extension: evaluate an interest in the fund by Rule 22d–1; Sec File No. 270–275; OMB (alternative form of annuity) or an Control No. 3235–0310. unreduced annuity and no lump sum. improving the transparency of information about the fund’s portfolio Notice is hereby given that, pursuant Analysis holdings. to the Paperwork Reduction Act of 1995 Agency: Retirement Operations, The Commission estimates that there (44 U.S.C. 3501–3520), the Securities Retirement Services, Office of Personnel are 2,580 management investment and Exchange Commission (the Management. companies, with a total of ‘‘Commission’’) is soliciting comments Title: Alternative Annuity Election. approximately 9,160 portfolios, that are on the collections of information OMB Number: 3206–0168. governed by the rule. For purposes of summarized below. The Commission Frequency: On occasion. this analysis, the burden associated with plans to submit these existing Affected Public: Individuals or the requirements of rule 30b1–5 has collections of information to the Office Households. been included in the collection of of Management and Budget for Number of Respondents: 200. information requirements of Form N–Q, extension and approval. Estimated Time per Respondent: 20 rather than the rule. Rule 22d–1 under the Investment minutes. The collection of information under Company Act of 1940 (the ‘‘Act’’) (17 Total Burden Hours: 67 hours. rule 30b1–5 is mandatory. The CFR 270.22d–1) provides registered

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34110 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

investment companies that issue Education and Advocacy, the charter is 2 hours. Combined with redeemable securities (‘‘funds’’) an Washington, DC 20549. an estimated 1 hour of paralegal time to exemption from section 22(d) of the Extension: prepare the charter for board review, the Investment Company Act (15 U.S.C. Rule 32a–4; SEC File No. 270–473; OMB staff estimates a total one-time 80a–22(d)) to the extent necessary to Control No. 3235–0530. collection of information burden of 3 permit scheduled variations in or Notice is hereby given that, pursuant hours for each fund. Once a board elimination of the sales load on fund to the Paperwork Reduction Act of 1995 adopts an audit committee charter, a securities for particular classes of (44 U.S.C. 3501 et seq.), the Securities fund generally maintains it in a file investors or transactions, provided and Exchange Commission cabinet or as a computer file. certain conditions are met. The rule (‘‘Commission’’) is soliciting comments Commission staff has estimated that imposes an annual burden per series of on the collections of information there is no annual hourly burden a fund of approximately 15 minutes, so summarized below. The Commission associated with maintaining the charter that the total annual burden for the plans to submit these existing in this form.5 approximately 4862 series of funds that collections of information to the Office Because virtually all funds extant might rely on the rule is estimated to be of Management and Budget (‘‘OMB’’) for have now adopted audit committee 1215.5 hours. extension and approval. charters, the annual one-time collection Section 32(a)(2) of the Investment The estimate of average burden hours of information burden associated with Company Act (15 U.S.C. 80a–31(a)(2)) is made solely for the purposes of the adopting audit committee charters is requires that shareholders of a registered Paperwork Reduction Act, and is not limited to the burden incurred by newly investment management or face-amount derived from a comprehensive or even established funds. Commission staff certificate company (collectively, a representative survey or study. An estimates that fund sponsors establish ‘‘funds’’) ratify or reject the selection of agency may not conduct or sponsor, and approximately 117 new funds each the fund’s independent public 6 a person is not required to respond to, year, and that all of these funds will accountant. Rule 32a–4 (17 CFR adopt an audit committee charter in a collection of information unless it 270.32a–4) exempts funds from this displays a currently valid OMB control order to rely on rule 32a–4. Thus, requirement if (i) The fund’s board of Commission staff estimates that the number. directors establishes an audit committee Written comments are requested on: annual one-time hour burden associated composed solely of independent with adopting an audit committee (a) Whether the collection of directors with responsibility for information is necessary for the proper charter under rule 32a–4 going forward overseeing the fund’s accounting and will be approximately 351 hours.7 performance of the functions of the 1 auditing processes, (ii) the fund’s board As noted above, all funds that rely on Commission, including whether the of directors adopts an audit committee rule 32a–4 are subject to the ongoing information has practical utility; (b) the charter setting forth the committee’s collection of information requirement to accuracy of the Commission’s estimate structure, duties, powers and methods preserve a copy of the charter in an of the burden(s) of the collection of of operation, or sets forth such easily accessible place. This ongoing information; (c) ways to enhance the provisions in the fund’s charter or requirement, which Commission staff quality, utility, and clarity of the 2 bylaws, and (iii) the fund maintains a has estimated has no hourly burden, information collected; and (d) ways to copy of such an audit committee applies to new funds that adopt an audit minimize the burden of the collection of charter, and any modifications to the committee charter each year and to all information on respondents, including charter, permanently in an easily funds that have previously adopted the through the use of automated collection 3 accessible place. charter and continue to maintain it. techniques or other forms of information Each fund that chooses to rely on rule When funds adopt an audit committee technology. Consideration will be given 32a–4 incurs two collection of charter in order to rely on rule 32a–4, to comments and suggestions submitted information burdens. The first, related they also may incur one-time costs in writing within 60 days of this to the board of directors’ adoption of the related to hiring outside counsel to publication. audit committee charter, occurs once, prepare the charter. Commission staff Please direct your written comments when the committee is established. The estimates that those costs average to Thomas Bayer, Director/Chief second, related to the fund’s approximately $1500 per fund.8 Information Officer, Securities and maintenance and preservation of a copy Exchange Commission, c/o Remi Pavlik- of the charter in an easily accessible 5 No hour burden related to such maintenance of Simon, 6432 General Green Way, place, is an ongoing annual burden. The the charter was identified by the funds the Alexandria, VA 22312; or send an email information collection requirement in Commission staff surveyed. Commission staff to: [email protected]. rule 32a–4 enables the Commission to understands that many audit committee charters have been significantly revised after their adoption Dated: June 6, 2011. monitor the duties and responsibilities in response to the Sarbanes-Oxley Act (Pub. L. 107– Cathy H. Ahn, of an independent audit committee 204, 116 Stat. 745) and other developments. formed by a fund relying on the rule. However, the costs associated with these revisions Deputy Secretary. Commission staff estimates that, on are not attributable to the requirements of rule 32a– [FR Doc. 2011–14392 Filed 6–9–11; 8:45 am] 4. average, the board of directors takes 15 6 BILLING CODE 8011–01–P This estimate is based on the number of Form minutes to adopt the audit committee N–8As filed from January 2010 through December charter. Commission staff has estimated 2010. that with an average of 8 directors on 7 This estimate is based on the following SECURITIES AND EXCHANGE the board,4 total director time to adopt calculation: (3.0 burden hours for establishing COMMISSION charter × 117 new funds = 351 burden hours). 8 Costs may vary based on the individual needs 1 Proposed Collection; Comment Rule 32a–4(a). of each fund. However, based on the staff’s 2 Rule 32a–4(b). Request conversations with outside counsel that prepare 3 Rule 32a–4(c). these charters, legal fees related to the preparation 4 This estimate is based on staff discussions with and adoption of an audit committee charter usually Upon Written Request, Copies Available a representative of an entity that surveys funds and average $1500 or less. The Commission also From: Securities and Exchange calculates fund board statistics based on responses understands that the ICI has prepared a model audit Commission, Office of Investor to its surveys. committee charter, which most legal professionals

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34111

Commission staff understands that Dated: June 6, 2011. (A) Self-Regulatory Organization’s virtually all funds now rely on rule 32a– Cathy H. Ahn, Statement of the Purpose of, and 4 and have adopted audit committee Deputy Secretary. Statutory Basis for, the Proposed Rule charters, and thus estimates that the [FR Doc. 2011–14390 Filed 6–9–11; 8:45 am] Change annual cost burden related to hiring BILLING CODE 8011–01–P outside legal counsel is limited to newly The purpose of this proposed rule established funds. change is to implement certain technical SECURITIES AND EXCHANGE enhancements necessary to permit As noted above, Commission staff COMMISSION brokers to process SPT activity at MBSD estimates that approximately 117 new in their broker accounts. SPT activity is funds each year will adopt an audit [Release No. 34–64604; File No. SR–FICC– 2011–04] currently processed by brokers in their committee charter in order to rely on dealer accounts. rule 32a–4. Thus, Commission staff Self-Regulatory Organizations; Fixed MBSD’s systems do not currently estimates that the ongoing annual cost Income Clearing Corporation; Notice of burden associated with rule 32a–4 in permit processing of SPT activity in Filing and Immediate Effectiveness of broker accounts. If, after a broker the future will be approximately Proposed Rule Change To Permit submits an SPT through its dealer $175,500.9 Brokers To Process Specified Pool account the dealer counterparty submits The estimates of average burden hours Trade Activity at the Mortgage-Backed Securities Division in Broker Accounts the other side of the transaction against and costs are made solely for the the broker’s broker account (instead of purposes of the Paperwork Reduction June 6, 2011. the broker’s dealer account), the dealer Act, and are not derived from a Pursuant to Section 19(b)(1) of the is required to make a correction to trade comprehensive or even a representative Securities Exchange Act of 1934 input to reflect the correct account. By survey or study of the costs of (‘‘Act’’),1 notice is hereby given that on permitting brokers to process SPT Commission rules and forms. May 31, 2011, the Fixed Income activity in their broker accounts, the The collections of information Clearing Corporation (‘‘FICC’’) filed with proposed change would eliminate a required by rule 32a–4 are necessary to the Securities and Exchange cause of the corrections to trade input obtain the benefits of the rule. The Commission (‘‘Commission’’) the and thereby improve efficiency and Commission is seeking OMB approval, proposed rule change described in Items reduce operational risk. The proposed because an agency may not conduct or I, II, and III below, which Items have change enhances FICC’s existing been prepared primarily by FICC. FICC sponsor, and a person is not required to services and does not eliminate any of filed the proposal pursuant to Section respond to, a collection of information FICC’s existing services.5 FICC will 19(b)(3)(A) of the Act 2 and Rule 19b– unless it displays a currently valid 4(f)(4) 3 thereunder so that the proposal notify members of the effective date of control number. was effective upon filing with the the proposed rule change by Important Written comments are invited on: (a) Commission. The Commission is Notice. Whether the collection of information is publishing this notice to solicit FICC believes that the proposed rule necessary for the proper performance of comments on the rule change from change is consistent with the the functions of the Commission, interested parties. requirements of Section 17A of the Act 6 including whether the information has I. Self-Regulatory Organization’s and the rules and regulations practical utility; (b) the accuracy of the Statement of the Terms of Substance of thereunder applicable to FICC because it Commission’s estimates of the burdens the Proposed Rule Change is designed to promote the prompt and of the collections of information; (c) accurate clearance and settlement of ways to enhance the quality, utility, and The proposed rule change will permit brokers to process specified pool trade securities transactions by enhancing an clarity of the information collected; and (‘‘SPT’’) activity at the Mortgage-Backed existing service offering and eliminating (d) ways to minimize the burdens of the Securities Division (‘‘MBSD’’) in broker a cause of corrections to trade input. collections of information on accounts. respondents, including through the use (B) Self-Regulatory Organization’s of automated collection techniques or II. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and other forms of information technology. FICC does not believe that the Consideration will be given to Statutory Basis for, the Proposed Rule Change proposed rule change will have any comments and suggestions submitted in impact or impose any burden on writing within 60 days of this In its filing with the Commission, competition. publication. FICC included statements concerning the purpose of and basis for the (C) Self-Regulatory Organization’s Please direct your written comments proposed rule change and discussed any Statement on Comments on the to Thomas Bayer, Director/Chief comments it received on the proposed Proposed Rule Change Received From Information Officer, Securities and rule change. The text of these statements Members, Participants, or Others Exchange Commission, c/o Remi Pavlik- may be examined at the places specified Simon, 6432 General Green Way, in Item IV below. FICC has prepared Written comments relating to the Alexandria, VA 22312; or send an e- summaries, set forth in sections (A), (B), proposed rule change have not yet been _ mail to: PRA [email protected]. and (C) below, of the most significant solicited or received. FICC will notify aspects of these statements.4 the Commission of any written use when establishing audit committees, thereby comments received by FICC. reducing the costs associated with drafting a 1 15 U.S.C. 78s(b)(1). charter. 2 15 U.S.C. 78s(b)(3)(A). 9 This estimate is based on the following 3 17 CFR 240.19b–4(f)(4). 5 MBSD will continue to support the processing calculations: ($1500 cost of adopting charter × 117 4 The Commission has modified the text of the of SPT activity in dealer accounts. newly established funds = $175,500). summaries prepared by FICC. 6 15 U.S.C. 78q–1.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34112 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

III. Date of Effectiveness of the communications relating to the I. Self-Regulatory Organization’s Proposed Rule Change and Timing for proposed rule change between the Statement of the Terms of Substance of Commission Action Commission and any person, other than the Proposed Rule Change The foregoing proposed rule change those that may be withheld from the The Exchange proposes to list and has become effective upon filing public in accordance with the trade the shares (‘‘Shares’’) of the pursuant to Section 19(b)(3)(A) of the provisions of 5 U.S.C. 552, will be following fund of the WisdomTree Trust Act 7 and Rule 19b–4(f)(4) 8 thereunder available for Web site viewing and (the ‘‘Trust’’) under NYSE Arca Equities because the proposed rule change printing in the Commission’s Public Rule 8.600 (‘‘Managed Fund Shares’’): effects a change in an existing service of Reference Room, 100 F Street, NE., WisdomTree Dreyfus Euro Debt Fund. a registered clearing agency that: (i) Washington, DC 20549, on official The text of the proposed rule change is Does not adversely affect the business days between the hours of available at the Exchange, the safeguarding of securities or funds in 10 a.m. and 3 p.m. Copies of such filings Commission’s Public Reference Room, the custody or control of the clearing also will be available for inspection and and http://www.nyse.com. agency or for which it is responsible; copying at the principal office of FICC II. Self-Regulatory Organization’s and (ii) does not significantly affect the and on FICC’s Web site at http:// Statement of the Purpose of, and respective rights or obligations of the dtcc.com/downloads/legal/rule_filings/ Statutory Basis for, the Proposed Rule clearing agency or persons using the 2011/ficc/2011-04.pdf. All comments Change service. At any time within 60 days of received will be posted without change; the filing of the proposed rule change, the Commission does not edit personal In its filing with the Commission, the the Commission summarily may identifying information from self-regulatory organization included temporarily suspend such rule change if submissions. You should submit only statements concerning the purpose of, it appears to the Commission that such information that you wish to make and basis for, the proposed rule change action is necessary or appropriate in the available publicly. All submissions and discussed any comments it received public interest, for the protection of should refer to File Number SR–FICC– on the proposed rule change. The text investors, or otherwise in furtherance of 2011–04 and should be submitted on or of those statements may be examined at the purposes of the Act. before July 1, 2011. the places specified in Item IV below. The Exchange has prepared summaries, IV. Solicitation of Comments For the Commission by the Division of set forth in sections A, B, and C below, Interested persons are invited to Trading and Markets, pursuant to delegated of the most significant parts of such submit written data, views, and authority.9 statements. arguments concerning the foregoing, Cathy H. Ahn, A. Self-Regulatory Organization’s including whether the proposed rule Deputy Secretary . Statement of the Purpose of, and the change is consistent with the Act. [FR Doc. 2011–14388 Filed 6–9–11; 8:45 am] Statutory Basis for, the Proposed Rule Comments may be submitted by any of BILLING CODE 8011–01–P Change the following methods: 1. Purpose Electronic Comments SECURITIES AND EXCHANGE The Exchange proposes to list and • Use the Commission’s Internet COMMISSION trade the Shares of the WisdomTree comment form (http://www.sec.gov/ Dreyfus Euro Debt Fund (‘‘Fund’’) under rules/sro.shtml); or • Send an e-mail to rule- [Release No. 34–64608; File No. SR– NYSE Arca Equities Rule 8.600, which [email protected]. Please include File NYSEArca–2011–31] governs the listing and trading of Managed Fund Shares on the Number SR–FICC–2011–04 on the 3 subject line. Self-Regulatory Organizations; NYSE Exchange. The Shares will be offered Arca, Inc.; Notice of Filing of Proposed Paper Comments Rule Change To List and Trade the 3 The Commission approved NYSE Arca Equities • Shares of the WisdomTree Dreyfus Rule 8.600 and the listing and trading of certain Send paper comments in triplicate funds of the PowerShares Actively Managed Funds to Elizabeth M. Murphy, Secretary, Euro Debt Fund Under NYSE Arca Trust on the Exchange pursuant to Rule 8.600 in Securities and Exchange Commission, Equities Rule 8.600 Securities Exchange Act Release No. 57619 (April 100 F Street, NE., Washington, DC 4, 2008), 73 FR 19544 (April 10, 2008) (SR– June 6, 2011. NYSEArca–2008–25). The Commission also 20549–1090. previously approved listing and trading on the All submissions should refer to File Pursuant to Section 19(b)(1) of the Exchange of a number of actively managed funds Number SR–FICC–2011–04. This file Securities Exchange Act of 1934 (the under Rule 8.600. See, e.g., Securities Exchange Act number should be included on the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Release Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR–NYSEArca–2008–31) (order subject line if e-mail is used. To help the notice is hereby given that, on May 24, approving Exchange listing and trading of twelve Commission process and review your 2011, NYSE Arca, Inc. (the ‘‘Exchange’’ actively managed funds of the WisdomTree Trust); comments more efficiently, please use or ‘‘NYSE Arca’’) filed with the 58564 (September 17, 2008), 73 FR 55194 only one method. The Commission will Securities and Exchange Commission (September 24, 2008) (SR–NYSEArca–2008–86) (order approving Exchange listing and trading of post all comments on the Commission’s (the ‘‘Commission’’) the proposed rule WisdomTree Dreyfus Emerging Currency Fund); Internet Web site (http://www.sec.gov/ change as described in Items I and II 62604 (July 30, 2010), 75 FR 47323 (August 5, 2010) rules/sro.shtml). Copies of the below, which Items have been prepared (SR–NYSEArca–2010–49) (order approving listing submission, all subsequent by the Exchange. The Commission is and trading of WisdomTree Emerging Markets Local Debt Fund); 62623 (August 2, 2010), 75 FR 47652 amendments, all written statements publishing this notice to solicit (August 6, 2010) (SR–NYSEArca–2010–51) (order with respect to the proposed rule comments on the proposed rule change approving listing and trading of WisdomTree change that are filed with the from interested persons. Dreyfus Commodity Currency Fund); 63598 Commission, and all written (December 22, 2010), 75 FR 82106 (December 29, 2010) (SR–NYSEArca–2010–98) (order approving 9 17 CFR 200.30–3(a)(12). listing and trading of WisdomTree Managed Futures 7 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). Strategy Fund); and 63919 (February 16, 2011), 76 8 17 CFR 240.19b–4(f)(4). 2 17 CFR 240.19b–4. FR 10073 (February 23, 2011) (SR–NYSEArca–

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34113

by the Trust, which was established as Commentary .06 to Rule 8.600 and has implemented a ‘‘fire wall’’ with a Delaware statutory trust on December provides that, if the investment adviser respect to such broker-dealers regarding 15, 2005. The Trust is registered with to the Investment Company issuing access to information concerning the the Commission as an investment Managed Fund Shares is affiliated with composition and/or changes to the company and the Fund has filed a a broker-dealer, such investment adviser Fund’s portfolio. In addition, Sub- registration statement on Form N–1A shall erect a ‘‘fire wall’’ between the Adviser personnel who make decisions (‘‘Registration Statement’’) with the investment adviser and the broker- regarding the Fund’s portfolio are Commission. The Fund is currently dealer with respect to access to subject to procedures designed to known as the ‘‘WisdomTree Dreyfus information concerning the composition prevent the use and dissemination of Euro Fund’’ and is an actively managed and/or changes to such Investment material nonpublic information exchange-traded fund. The Commission Company portfolio.10 In addition, regarding the Fund’s portfolio. In the approved listing and trading on the Commentary .06 further requires that event (a) the Adviser or the Sub-Adviser Exchange of the WisdomTree Dreyfus personnel who make decisions on the becomes newly affiliated with a broker- Euro Fund pursuant to Section 19(b)(2) open-end fund’s portfolio composition dealer, or (b) any new adviser or sub- of the Exchange Act on May 8, 2008 must be subject to procedures designed adviser becomes affiliated with a broker- (‘‘May 2008 Order’’).4 On April 14, 2011, to prevent the use and dissemination of dealer, they [sic] will implement a fire the WisdomTree Dreyfus Euro Fund material nonpublic information wall with respect to such broker-dealer filed a supplement to its Registration regarding the open-end fund’s portfolio. regarding access to information Statement (the ‘‘Supplement’’) pursuant Commentary .06 to Rule 8.600 is similar concerning the composition and/or to Rule 497 under the Securities Act of to Commentary .03(a)(i) and (iii) to changes to the portfolio, and will be 1933.5 As stated in the Supplement, the NYSE Arca Equities Rule 5.2(j)(3); subject to procedures designed to WisdomTree Dreyfus Euro Fund, however, Commentary .06 in connection prevent the use and dissemination of effective on or after June 27, 2011, will with the establishment of a ‘‘fire wall’’ material non-public information change its investment objective and between the investment adviser and the regarding such portfolio. strategy and will be renamed the broker-dealer reflects the applicable WisdomTree Dreyfus Euro Debt Fund ‘‘WisdomTree Dreyfus Euro Debt open-end fund’s portfolio, not an Fund.’’ 6 The WisdomTree Dreyfus Euro underlying benchmark index, as is the As noted above, effective on or after Fund’s new name, investment objective, case with index-based funds. The June 27, 2011, the WisdomTree Dreyfus and investment strategies, which are not Adviser is not affiliated with any Euro Fund will change its investment reflected in the May 2008 Order, are broker-dealer. The Sub-Adviser is objective and investment strategies and described below. Shareholders of the affiliated with multiple broker-dealers be renamed the ‘‘WisdomTree Dreyfus WisdomTree Dreyfus Euro Fund who Euro Debt Fund.’’ Upon implementation wish to remain in the Fund do not need Investment Company Act of 1940 (15 U.S.C. 80a– of the change, the Fund’s new to take any action. Shareholders who do 1) (‘‘1940 Act’’). See Investment Company Act investment objective will be to seek a Release No. 28171 (October 27, 2008) (File No. 812– high level of total returns consisting of not wish to remain invested in the Fund 13458). In compliance with Commentary .05 to may sell their Shares at any time. NYSE Arca Equities Rule 8.600, which applies to both income and capital appreciation Managed Fund Shares based on an international or and its investment strategies will be Description of the Shares and the Fund global portfolio, the Trust’s application for changed as described below.11 WisdomTree Asset Management, Inc. exemptive relief under the 1940 Act states that the Fund will comply with the federal securities laws Euro-Denominated Debt (‘‘WisdomTree Asset Management’’) is in accepting securities for deposits and satisfying the investment adviser (‘‘Adviser’’) to redemptions with redemption securities, including Under normal circumstances, the the Fund.7 The Dreyfus Corporation that the securities accepted for deposits and the Fund will invest at least 80% of its net securities used to satisfy redemption requests are assets in Fixed Income Securities serves as sub-adviser for the Fund sold in transactions that would be exempt from 8 12 (‘‘Sub-Adviser’’). The Bank of New York registration under the Securities Act of 1933 (15 denominated in Euros. For purposes Mellon is the administrator, custodian U.S.C. 77a). of this proposed rule change, Fixed and transfer agent for the Trust. ALPS 10 An investment adviser to an open-end fund is Income Securities include bonds, notes Distributors, Inc. serves as the required to be registered under the Investment or other debt obligations, such as Advisers Act of 1940 (the ‘‘Advisers Act’’). As a 9 government or corporate bonds, distributor for the Trust. result, the Adviser and Sub-Adviser and their related personnel are subject to the provisions of denominated in Euros, including issues 2010–116) (order approving listing and trading of Rule 204A–1 under the Advisers Act relating to denominated in Euros that are issued by WisdomTree Asia Local Debt Fund). codes of ethics. This Rule requires investment ‘‘supranational issuers,’’ such as the 4 See Securities Exchange Act Release No. 57801 advisers to adopt a code of ethics that reflects the European Investment Bank, fiduciary nature of the relationship to clients as (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR– International Bank for Reconstruction NYSEArca–2008–31) (order approving Exchange well as compliance with other applicable securities listing and trading of twelve actively managed laws. Accordingly, procedures designed to prevent and Development, and the International funds of the WisdomTree Trust). the communication and misuse of non-public Finance Corporation, or other regional 5 15 U.S.C. 77a et seq. information by an investment adviser must be consistent with Rule 204A–1 under the Advisers 6 See Form 497, Supplement to Registration 11 Act. In addition, Rule 206(4)–7 under the Advisers The Adviser represents that the Supplement Statement on Form N–1A for the Trust, dated April Act makes it unlawful for an investment adviser to has been sent to existing Shareholders of the Fund 14, 2011 (File Nos. 333–132380 and 811–21864). provide investment advice to clients unless such to notify them of the planned change. The The descriptions of the Fund and the Shares investment adviser has (i) adopted and Supplement and additional information have been contained herein are based, in part, on information implemented written policies and procedures posted on the Fund’s website at http:// in the Supplement and the Registration Statement. reasonably designed to prevent violation, by the www.wisdomtree.com. 7 WisdomTree Investments, Inc. (‘‘WisdomTree investment adviser and its supervised persons, of 12 The term ‘‘under normal market circumstances’’ Investments’’) is the parent company of the Advisers Act and the Commission rules adopted includes, but is not limited to, the absence of WisdomTree Asset Management. thereunder; (ii) implemented, at a minimum, an extreme volatility or trading halts in the fixed 8 The Sub-Adviser is responsible for day-to-day annual review regarding the adequacy of the income markets or the financial markets generally; management of the Fund and, as such, typically policies and procedures established pursuant to operational issues causing dissemination of makes all decisions with respect to portfolio subparagraph (i) above and the effectiveness of their inaccurate market information; or force majeure holdings. The Adviser has ongoing oversight implementation; and (iii) designated an individual type events such as systems failure, natural or man- responsibility. (who is a supervised person) responsible for made disaster, act of God, armed conflict, act of 9 The Commission has issued an order granting administering the policies and procedures adopted terrorism, riot or labor disruption or any similar certain exemptive relief to the Trust under the under subparagraph (i) above. intervening circumstance.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34114 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

development banks, as well as countries with larger and more liquid higher durations generally are subject to development agencies supported by debt markets. The Fund’s exposure to greater interest rate risk. An aggregate other national governments. Under any single country generally will be portfolio duration of between two and normal circumstances, the Fund may limited to 20% of the Fund’s assets. The eight years generally would be invest up to 20% of its assets in Fixed percentage of Fund assets invested in a considered to be ‘‘intermediate.’’ The Income Securities denominated in U.S. specific country or issuer will change Fund’s actual portfolio duration may be dollars. The Fund may invest in Money from time to time. longer or shorter depending upon Market Securities and derivative and The universe of Euro-denominated market conditions. The Fund may also other instruments, as described below.13 Fixed Income Securities currently invest in short-term Money Market The Fund intends to focus its includes securities that are rated Securities (as defined below) investments on ‘‘Sovereign Debt.’’ For ‘‘investment grade’’ as well as ‘‘non- denominated in the currencies of these purposes, Sovereign Debt means investment grade.’’ As the Fund intends countries in which the Fund invests. Fixed Income Securities issued by to provide broad-based exposure to The Fund intends to invest in Fixed governments, government agencies and Euro-denominated Fixed Income Income Securities of at least 13 non- government-sponsored enterprises of Securities, the Fund will invest in both affiliated issuers. The Fund will not countries in the European Union (‘‘EU’’) investment-grade and non-investment- concentrate 25% or more of the value of that are denominated in Euros.14 This grade securities. Securities rated its total assets (taken at market value at includes inflation-linked bonds investment grade generally are the time of each investment) in any one designed to provide protection against considered to be of higher credit quality industry, as that term is used in the increases in general inflation rates. The and subject to lower default risk. 1940 Act (except that this restriction Fund may invest up to 20% of its net Although securities rated below does not apply to obligations issued by assets in corporate debt of companies investment grade may offer the potential the U.S. government, or any non-U.S. organized in EU countries or that have for higher yields, they generally are government, or their respective agencies significant economic ties to EU subject to a higher potential risk of loss. and instrumentalities or government- countries. The Fund will invest only in The Fund expects to have 75% or more sponsored enterprises).15 corporate bonds that the Adviser or Sub- of its assets invested in investment The Fund intends to qualify each year Adviser deems to be sufficiently liquid. grade bonds, though this percentage as a regulated investment company (a Generally, a corporate bond must have may change from time to time in ‘‘RIC’’) under Subchapter M of the $200 million or more par amount accordance with market conditions and Internal Revenue Code of 1986, as outstanding and significant par value the debt ratings assigned to countries amended.16 The Fund will invest its traded to be considered as an eligible and issuers. assets, and otherwise conduct its investment. Economic and other Because the debt ratings of issuers operations, in a manner that is intended conditions may, from time to time, lead will change from time to time, the exact to satisfy the qualifying income, to a decrease in the average par amount percentage of the Fund’s investments in diversification and distribution outstanding of bond issuances. investment grade and non-investment requirements necessary to establish and Therefore, although the Fund does not grade Fixed Income Securities will maintain RIC qualification under intend to do so, the Fund may invest up change from time to time in response to Subchapter M. The Subchapter M to 5% of its net assets in corporate economic events and changes to the diversification tests generally require bonds with less than $200 million par credit ratings of such issuers. Within the that (i) the Fund invest no more than amount outstanding if (i) the Adviser or non-investment grade category some 25% of its total assets in securities Sub-Adviser deems such security to be issuers and instruments are considered (other than securities of the U.S. sufficiently liquid based on its analysis to be of lower credit quality and at government or other RICs) of any one of the market for such security (based higher risk of default. In order to limit issuer or two or more issuers that are on, for example, broker-dealer its exposure to these more speculative controlled by the Fund and that are quotations or its analysis of the trading credits, the Fund will not invest more engaged in the same, similar or related history of the security or the trading than 10% of its assets in securities rated trades or businesses, and (ii) at least history of other securities issued by the BB or below by Moody’s, or 50% of the Fund’s total assets consist of issuer), (ii) such investment is equivalently rated by S&P or Fitch. The cash and cash items, U.S. government consistent with the Fund’s goal of Fund does not intend to invest in securities, securities of other RICs and providing exposure to a broad range of unrated securities. However, it may do other securities, with investments in Fixed Income Securities denominated in so to a limited extent, such as where a such other securities limited in respect Euros, and (iii) such investment is rated security becomes unrated, if such of any one issuer to an amount not deemed by the Adviser or Sub-Adviser security is determined by the Adviser greater than 5% of the value of the to be in the best interest of the Fund. and Sub-Adviser to be of comparable Fund’s total assets and 10% of the The Fund intends to provide broad quality. In determining whether a outstanding voting securities of such exposure to countries in the EU. As a security is of ‘‘comparable quality,’’ the issuer. general matter, the Fund will invest a Adviser or Sub-Adviser will consider, In addition to satisfying the above higher percentage of its assets in for example, current information about referenced RIC diversification the credit quality of the issuer and requirements, no portfolio security held 13 As of February 17, 2011, the amount of Euro- whether or not the issuer of the security by the Fund (other than U.S. denominated debt outstanding exceeded US$19.2 has issued other rated securities. government securities and non-U.S. trillion. Source: Deutsche Bundesbank, at http:// The Fund attempts to limit interest www.bundesbank.de/statistik/statistik_eszb_ government securities) will represent neuesfenster_tabelle.php?stat=debt_ rate risk by maintaining an aggregate securities&lang=.en. portfolio duration of between two and 15 See Form N–1A, Item 9. The Commission has 14 As of February 17, 2011, the amount of eight years under normal market taken the position that a fund is concentrated if it sovereign Euro-denominated debt outstanding conditions. Aggregate portfolio duration invests more than 25% of the value of its total exceeded US$8.02 trillion. Source: Deutsche assets in any one industry. See, e.g., Investment Bundesbank, at http://www.bundesbank.de/ is important to investors as an Company Act Release No. 9011 (October 30, 1975), statistik/statistik_eszb_neuesfenster_tabelle.php? indication of the Fund’s sensitivity to 40 FR 54241 (November 21, 1975). stat=debt_securities&lang=.en. changes in interest rates. Funds with 16 26 U.S.C. 851.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34115

more than 30% of the weight of the non-deliverable forward currency contracts in order to ‘‘lock in’’ the Fund’s portfolio and the five highest contracts, currency and interest rate exchange rate between the currency it weighted portfolio securities of the swaps, currency options, options on will deliver and the currency it will Fund (other than U.S. government futures contracts, swap agreements and receive for the duration of the contract. securities and/or non-U.S. government credit-linked notes.18 The Fund’s use of The Fund may enter into swap securities) will not in the aggregate derivative instruments (other than agreements, including interest rate account for more than 65% of the credit-linked notes) will be swaps and currency swaps (e.g., Euro weight of the Fund’s portfolio. For these collateralized or otherwise backed by vs. U.S. dollar), and may buy or sell put purposes, the Fund may treat investments in short term, high-quality and call options on foreign currencies, repurchase agreements collateralized by U.S. Money Market Securities. Under either on exchanges or in the over-the- U.S. government securities or non-U.S. normal circumstances, the Fund will counter market. The Fund may enter government securities as U.S. or non- invest no more than 20% of the value into repurchase agreements with U.S. government securities, as of the Fund’s net assets in derivative counterparties that are deemed to applicable. instruments. Such investments will be present acceptable credit risks, and may enter into reverse repurchase Money Market Securities consistent with the Fund’s investment objective and will not be used to agreements, which involve the sale of Assets not invested in Fixed Income enhance leverage. securities held by the Fund subject to its Securities generally will be invested in With respect to certain kinds of agreement to repurchase the securities Money Market Securities. The Fund derivative transactions entered into by at an agreed upon date or upon demand intends to invest in Money Market the Fund that involve obligations to and at a price reflecting a market rate of Securities in order to help manage cash make future payments to third parties, interest. flows in and out of the Fund, such as including, but not limited to, futures, The Fund may invest in the securities in connection with payment of forward contracts, swap contracts, the of other investment companies dividends or expenses, and to satisfy purchase of securities on a when-issued (including money market funds and margin requirements, to provide or delayed delivery basis, or reverse exchange-traded funds (‘‘ETFs’’)). The collateral or to otherwise back repurchase agreements, the Fund, in Fund may invest up to an aggregate investments in derivative instruments. accordance with applicable federal amount of 15% of its net assets in (a) For these purposes, Money Market securities laws, rules, and illiquid securities and (b) Rule 144A Securities include: short-term, high- interpretations thereof, will ‘‘set aside’’ securities. Illiquid securities include quality obligations issued or guaranteed liquid assets to ‘‘cover’’ open positions securities subject to contractual or other by the U.S. Treasury or the agencies or with respect to such transactions.19 restrictions on resale and other instrumentalities of the U.S. The Fund may engage in foreign instruments that lack readily available government; short-term, high-quality currency transactions, and may invest markets.20 securities issued or guaranteed by non- directly in foreign currencies in the The Fund will not invest in non-U.S. U.S. governments, agencies and form of bank and financial institution equity securities. instrumentalities; repurchase deposits, certificates of deposit, and The Shares agreements backed by short-term U.S. bankers acceptances denominated in a The Fund issues and redeems Shares government securities or non-U.S. specified non-U.S. currency. The Fund on a continuous basis at net asset value government securities; money market may enter into forward currency mutual funds; and deposits and other (‘‘NAV’’) 21 only in large blocks of Shares (‘‘Creation Units’’) in transactions with obligations of U.S. and non-U.S. banks Kong’s primary financial markets regulator, the and financial institutions. All Money Securities and Futures Commission, and authorized participants. Creation Units Market Securities acquired by the Fund Singapore’s primary financial markets regulator, the will be rated investment grade, except Monetary Authority of Singapore, are signatories to 20 The Commission has stated that long-standing that the Fund may invest in unrated the International Organization of Securities Commission guidelines have required open-end Commissions (‘‘IOSCO’’) Multilateral Memorandum funds to hold no more than 15% of their net assets Money Market Securities that are of Understanding (‘‘MMOU’’), which is a multi-party in illiquid securities and other illiquid assets. See deemed by the Adviser or Sub-Adviser information sharing arrangement among major Investment Company Act Release No. 28193 (March to be of comparable quality to Money financial regulators. Both the Commission and the 11, 2008), 73 14617 (March 18, 2008), footnote 34. Market Securities rated investment Commodity Futures Trading Commission are See also Investment Company Act Release No. 5847 signatories to the IOSCO MMOU. (October 21, 1969), 35 FR 19989 (December 31, grade. In determining whether a security 18 The Fund may invest in credit-linked notes. A 1970) (Statement Regarding ‘‘Restricted Securities’’); is of ‘‘comparable quality,’’ the Adviser credit linked note is a type of structured note whose Investment Company Act Release No. 18612 (March or Sub-Adviser will consider, for value is linked to an underlying reference asset. 12, 1992), 57 FR 9828 (March 20, 1992) (Revisions example, current information about the Credit linked notes typically provide periodic of Guidelines to Form N–1A). A fund’s portfolio payments of interest as well as payment of principal security is illiquid if it cannot be disposed of in the credit quality of the issuer and whether upon maturity. The value of the periodic payments ordinary course of business within seven days at or not the issuer of the security has and the principal amount payable upon maturity approximately the value ascribed to it by the ETF. issued other rated securities. are tied (positively or negatively) to a reference See Investment Company Act Release No. 14983 asset such as an index, government bond, interest (March 12, 1986), 51 FR 9773 (March 21, 1986) Derivative Instruments and Other rate or currency exchange rate. The ongoing (adopting amendments to Rule 2a–7 under the 1940 Investments payments and principal upon maturity typically Act); Investment Company Act Release No. 17452 will increase or decrease depending on increases or (April 23, 1990), 55 FR 17933 (April 30, 1990) The Fund may use derivative decreases in the value of the reference asset. The (adopting Rule 144A under the Securities Act of instruments as part of its investment Fund’s investments in credit-linked notes will be 1933). strategies. Examples of derivative limited to notes providing exposure to Fixed 21 The NAV of the Fund’s Shares generally is Income Securities denominated in Euros. The calculated once daily Monday through Friday as of instruments include listed futures Fund’s overall investment in credit-linked notes 17 the close of regular trading on the New York Stock contracts, forward currency contracts, will not exceed 25% of the Fund’s assets. Exchange, generally 4:00 p.m. Eastern time (the 19 See 15 U.S.C. 80a–18. See also Investment ‘‘NAV Calculation Time’’). NAV per Share is 17 The listed futures contracts in which the Fund Company Act Release No. 10666 (April 18, 1979), calculated by dividing the Fund’s net assets by the will invest may be listed on exchanges in the U.S. 44 FR 25128 (April 27, 1979); Dreyfus Strategic number of Fund Shares outstanding. For more or in London, Hong Kong or Singapore. Each of the Investing, Commission No-Action Letter (June 22, information regarding the valuation of Fund United Kingdom’s primary financial markets 1987); Merrill Lynch Asset Management, L.P., investments in calculating the Fund’s NAV, see the regulator, the Financial Services Authority, Hong Commission No-Action Letter (July 2, 1996). Registration Statement.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34116 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

generally will consist of 100,000 Shares, assets (the ‘‘Disclosed Portfolio’’) held by Initial and Continued Listing though this may change from time to the Fund that will form the basis for the The Shares will be subject to Rule time. Creation Units are not expected to Fund’s calculation of NAV at the end of 8.600, which sets forth the initial and consist of less than 50,000 Shares. The the business day.24 The Disclosed continued listing criteria applicable to Fund generally will issue and redeem Portfolio will include, as applicable, the Managed Fund Shares. The Exchange Creation Units in exchange for a names, quantity, percentage weighting represents that, for initial and/or portfolio of Fixed Income Securities and market value of Fixed Income continued listing, the Fund must be in closely approximating the holdings of Securities, and other assets held by the compliance with Rule 10A–3 under the the Fund and/or a designated amount of Fund and the characteristics of such Exchange Act,25 as provided by NYSE cash in U.S. dollars. Once created, assets. The website and information will Arca Equities Rule 5.3. A minimum of Shares of the Fund will trade on the be publicly available at no charge. 100,000 Shares will be outstanding at secondary market in amounts less than In addition, for the Fund, an the commencement of trading on the a Creation Unit. Shares may be estimated value, defined in Rule 8.600 Exchange. The Exchange will obtain a redeemed from the Fund only in as the ‘‘Portfolio Indicative Value,’’ that representation from the issuer of the Creation Unit aggregations. Upon reflects an estimated intraday value of Shares that the NAV per Share will be delivery and settlement of the Shares the Fund’s portfolio, will be calculated daily and that the NAV and upon redemption, the Fund will deliver disseminated. The Portfolio Indicative the Disclosed Portfolio will be made to the redeeming authorized participant Value will be based upon the current available to all market participants at a designated basket of Fixed Income value for the components of the the same time. Securities and an amount of cash. Disclosed Portfolio and will be updated Trading Halts Together, such Fixed Income Securities and disseminated by one or more major and amount of cash constitute the market data vendors at least every 15 With respect to trading halts, the ‘‘ ’’ Redemption Payment. The seconds during the Core Trading Exchange may consider all relevant Redemption Payment may consist Session on the Exchange. In addition, factors in exercising its discretion to entirely of cash at the discretion of the during hours when the markets for halt or suspend trading in the Shares of Fund. Fixed Income Securities in the Fund’s the Fund. Shares of the Fund will be Additional information regarding the portfolio are closed, the Portfolio halted if the ‘‘circuit breaker’’ parameters Shares and the Fund, including Indicative Value will be updated at least in NYSE Arca Equities Rule 7.12 are investment strategies, risks, creation and every 15 seconds during the Core reached. Trading may be halted because redemption procedures, fees, portfolio Trading Session to reflect currency of market conditions or for reasons that, holdings disclosure policies, exchange fluctuations. in the view of the Exchange, make distributions and taxes is included in trading in the Shares inadvisable. These the Registration Statement. The dissemination of the Portfolio may include: (1) The extent to which Indicative Value, together with the Availability of Information trading is not occurring in the securities Disclosed Portfolio, will allow investors and/or the financial instruments The Fund’s Web site (http:// to determine the value of the underlying comprising the Disclosed Portfolio of www.wisdomtree.com), which will be portfolio of the Fund on a daily basis the Fund; or (2) whether other unusual publicly available prior to the public and to provide a close estimate of that conditions or circumstances detrimental offering of Shares, will include a form value throughout the trading day. to the maintenance of a fair and orderly of the Prospectus for the Fund that may Information regarding market price market are present. Trading in the be downloaded. The website will and volume of the Shares is and will be Shares will be subject to Rule include additional quantitative continually available on a real-time 8.600(d)(2)(D), which sets forth information updated on a daily basis, basis throughout the day on brokers’ circumstances under which Shares of including, for the Fund: (1) The prior computer screens and other electronic the Fund may be halted. business day’s reported NAV, mid-point services. The previous day’s closing Trading Rules of the bid/ask spread at the time of price and trading volume information calculation of such NAV (the ‘‘Bid/Ask for the Shares will be published daily in The Exchange deems the Shares to be Price’’),22 and a calculation of the the financial section of newspapers. equity securities, thus rendering trading premium and discount of the Bid/Ask Quotation and last sale information for in the Shares subject to the Exchange’s Price against the NAV; and (2) data in the Shares will be available via the existing rules governing the trading of chart format displaying the frequency Consolidated Tape Association high- equity securities. Shares will trade on distribution of discounts and premiums speed line. the NYSE Arca Marketplace from 4 a.m. of the daily Bid/Ask Price against the to 8 p.m. Eastern time in accordance Intra-day and end-of-day prices are NAV, within appropriate ranges, for with NYSE Arca Equities Rule 7.34 readily available through major market each of the four previous calendar (Opening, Core, and Late Trading data providers and broker-dealers for quarters. On each business day, before Sessions). The Exchange has the Fixed Income Securities, Money commencement of trading in Shares in appropriate rules to facilitate Market Securities and derivative the Core Trading Session 23 on the transactions in the Shares during all instruments held by the Fund. Exchange, the Trust will disclose on its trading sessions. As provided in NYSE website the identities and quantities of Arca Equities Rule 7.6, Commentary .03, the portfolio of securities and other 24 Under accounting procedures followed by the the minimum price variation (‘‘MPV’’) Fund, trades made on the prior business day (‘‘T’’) for quoting and entry of orders in equity will be booked and reflected in NAV on the current 22 The Bid/Ask Price of the Fund is determined business day (‘‘T+1’’). Notwithstanding the securities traded on the NYSE Arca using the midpoint of the highest bid and the foregoing, portfolio trades that are executed prior to Marketplace is $0.01, with the exception lowest offer on the Exchange as of the time of the opening of the Exchange on any business day of securities that are priced less than calculation of such Fund’s NAV. The records may be booked and reflected in NAV on such $1.00 for which the MPV for order entry relating to Bid/Ask Prices will be retained by the business day. Accordingly, the Fund will be able to Fund and its service providers. disclose at the beginning of the business day the is $0.0001. 23 The Core Trading Session is 9:30 a.m. to 4 p.m. portfolio that will form the basis for the NAV Eastern time. calculation at the end of the business day. 25 See 17 CFR 240.10A–3.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34117

Surveillance In addition, the Bulletin will instruments. Such investments will be The Exchange intends to utilize its reference that the Fund is subject to consistent with the Fund’s investment existing surveillance procedures various fees and expenses described in objective and will not be used to applicable to derivative products (which the Registration Statement. The Bulletin enhance leverage. The Fund will not includes Managed Fund Shares) to will discuss any exemptive, no-action, invest in non-U.S. equity securities. and interpretive relief granted by the monitor trading in the Shares. The The proposed rule change is designed Commission from any rules under the Exchange represents that these to promote just and equitable principles Exchange Act. The Bulletin will also procedures are adequate to properly of trade and to protect investors and the disclose that the NAV for the Shares monitor Exchange trading of the Shares public interest in that the Exchange will will be calculated after 4 p.m. Eastern in all trading sessions and to deter and time each trading day. obtain a representation from the issuer detect violations of Exchange rules and of the Shares that the NAV per Share applicable federal securities laws. 2. Statutory Basis will be calculated daily and that the The Exchange’s current trading The basis under the Exchange Act for NAV and the Disclosed Portfolio will be surveillance focuses on detecting this proposed rule change is the made available to all market securities trading outside their normal requirement under Section 6(b)(5) 27 participants at the same time. In patterns. When such situations are that an exchange have rules that are addition, a large amount of information detected, surveillance analysis follows designed to prevent fraudulent and is publicly available regarding the Fund and investigations are opened, where manipulative acts and practices, to and the Shares, thereby promoting appropriate, to review the behavior of promote just and equitable principles of market transparency. The Fund’s all relevant parties for all relevant trade, to remove impediments to, and portfolio holdings will be disclosed on trading violations. perfect the mechanism of a free and its website daily after the close of The Exchange may obtain information open market and, in general, to protect trading on the Exchange and prior to the via the Intermarket Surveillance Group investors and the public interest. opening of trading on the Exchange the (‘‘ISG’’) from other exchanges who are The Exchange believes that the following day. Moreover, the Portfolio members of the ISG or with which the proposed rule change is designed to Indicative Value will be disseminated Exchange has in place a comprehensive prevent fraudulent and manipulative by one or more major market data 26 surveillance sharing agreement. acts and practices in that the Shares will vendors at least every 15 seconds during In addition, the Exchange also has a be listed and traded on the Exchange the Exchange’s Core Trading Session. general policy prohibiting the pursuant to the initial and continued On each business day, before distribution of material, non-public listing criteria in NYSE Arca Equities commencement of trading in Shares in information by its employees. Rule 8.600. The Exchange has in place the Core Trading Session on the surveillance procedures that are Information Bulletin Exchange, the Fund will disclose on its adequate to properly monitor trading in website the Disclosed Portfolio that will Prior to the commencement of the Shares in all trading sessions and to form the basis for the Fund’s calculation trading, the Exchange will inform its deter and detect violations of Exchange of NAV at the end of the business day. Equity Trading Permit (‘‘ETP’’) Holders rules and applicable federal securities Information regarding market price and in an Information Bulletin (‘‘Bulletin’’) laws. The Exchange may obtain trading volume of the Shares is and will of the special characteristics and risks information via ISG from other be continually available on a real-time associated with trading the Shares. exchanges that are members of ISG or basis throughout the day on brokers’ Specifically, the Bulletin will discuss with which the Exchange has entered the following: (1) The procedures for into a comprehensive surveillance computer screens and other electronic purchases and redemptions of Shares in sharing agreement. According to the services, and quotation and last sale Creation Unit aggregations (and that Registration Statement, under normal information will be available via the Shares are not individually redeemable); circumstances, the Fund will invest at CTA high-speed line. The website for (2) NYSE Arca Equities Rule 9.2(a), least 80% of its net assets in Fixed the Fund will include a form of the which imposes a duty of due diligence Income Securities denominated in Prospectus for the Fund and additional on its ETP Holders to learn the essential Euros. The Fund intends to focus its data relating to NAV and other facts relating to every customer prior to investments on Sovereign Debt, as applicable quantitative information. trading the Shares; (3) the risks involved described above. The Fund will invest Moreover, prior to the commencement in trading the Shares during the up to 20% of its net assets only in of trading, the Exchange will inform its Opening and Late Trading Sessions corporate bonds that the Adviser or Sub- ETP Holders in an Information Bulletin when an updated Portfolio Indicative Adviser deems to be sufficiently liquid. of the special characteristics and risks Value will not be calculated or publicly Generally a corporate bond must have associated with trading the Shares. disseminated; (4) how information $200 million or more par amount Trading in Shares of the Fund will be regarding the Portfolio Indicative Value outstanding and significant par value halted if the circuit breaker parameters is disseminated; (5) the requirement that traded to be considered as an eligible in NYSE Arca Equities Rule 7.12 have ETP Holders deliver a prospectus to investment. The Fund expects to have been reached or because of market investors purchasing newly issued 75% or more of its assets invested in conditions or for reasons that, in the Shares prior to or concurrently with the investment grade bonds, though this view of the Exchange, make trading in confirmation of a transaction; and (6) percentage may change from time to the Shares inadvisable, and trading in trading information. time in accordance with market the Shares will be subject to NYSE Arca conditions and the debt ratings assigned Equities Rule 8.600(d)(2)(D), which sets 26 For a list of the current members of ISG, see to countries and issuers. Under normal forth circumstances under which Shares http://www.isgportal.org. The Exchange notes that circumstances, the Fund will invest no of the Fund may be halted. In addition, not all of the components of the Disclosed Portfolio more than 20% of the value of the as noted above, investors will have for the Fund may trade on exchanges that are ready access to information regarding members of the ISG or with which the Exchange has Fund’s net assets in derivative in place a comprehensive surveillance sharing the Fund’s holdings, the Portfolio agreement. 27 15 U.S.C. 78f(b)(5). Indicative Value, the Disclosed

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34118 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Portfolio, and quotation and last sale Electronic Comments SECURITIES AND EXCHANGE information for the Shares. • COMMISSION The proposed rule change is designed Use the Commission’s Internet to perfect the mechanism of a free and comment form (http://www.sec.gov/ [Release No. 34–64605; File No. SR–DTC– 2011–05] open market and, in general, to protect rules/sro.shtml); or investors and the public interest in that • Send an e-mail to rule- Self-Regulatory Organizations; The it will facilitate the listing and trading [email protected]. Please include File Depository Trust Company; Order of an additional type of actively- Number SR–NYSEArca–2011–31 on the Granting Approval of a Proposed Rule managed exchange-traded product that subject line. Change To Amend Rules Relating to will enhance competition among market the Memo Segregation Function participants, to the benefit of investors Paper Comments and the marketplace. As noted above, June 6, 2011. • Send paper comments in triplicate the Exchange has in place surveillance I. Introduction procedures relating to trading in the to Elizabeth M. Murphy, Secretary, Shares and may obtain information via Securities and Exchange Commission, On April 15, 2011, The Depository ISG from other exchanges that are 100 F Street, NE., Washington, DC Trust Company (‘‘DTC’’) filed with the members of ISG or with which the 20549–1090. Securities and Exchange Commission (‘‘Commission’’) proposed rule change Exchange has entered into a All submissions should refer to File SR–DTC–2011–05 pursuant to Section comprehensive surveillance sharing Number SR–NYSEArca–2011–31. This 19(b)(1) of the Securities Exchange Act agreement. In addition, as noted above, file number should be included on the investors will have ready access to of 1934 (‘‘Act’’).1 Notice of the proposal subject line if e-mail is used. To help the was published in the Federal Register information regarding the Fund’s Commission process and review your holdings, the Portfolio Indicative Value, on May 4, 2011.2 The Commission comments more efficiently, please use the Disclosed Portfolio, and quotation received no comment letters. For the only one method. The Commission will and last sale information for the Shares. reasons discussed below, the post all comments on the Commission’s Commission is granting approval of the B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ proposed rule change. Statement on Burden on Competition rules/sro.shtml). Copies of the II. Description The Exchange does not believe that submission, all subsequent the proposed rule change will impose amendments, all written statements DTC’s Memo Segregation Service any burden on competition that is not with respect to the proposed rule (‘‘MSEG’’) is an optional service which necessary or appropriate in furtherance change that are filed with the offers a mechanism for broker-dealer of the purposes of the Act. Commission, and all written participants to protect fully-paid or communications relating to the excess margin securities by allowing the C. Self-Regulatory Organization’s participant to shield from unintended Statement on Comments on the proposed rule change between the Commission and any person, other than delivery a designated quantity of Proposed Rule Change Received From securities that are in the participant’s Members, Participants, or Others those that may be withheld from the public in accordance with the DTC free account or that may be No written comments were solicited provisions of 5 U.S.C. 552, will be received during the daily processing cycle. Currently, a participant may set a or received with respect to the proposed available for website viewing and rule change. ‘‘counter’’ for a specified minimum printing in the Commission’s Public quantity of each security to be held in III. Date of Effectiveness of the Reference Room, 100 F Street, NE., its account as a threshold to any Proposed Rule Change and Timing for Washington, DC 20549, on official intraday redelivery. When the counter Commission Action business days between the hours of 10 for a security is greater than the Within 45 days of the date of a.m. and 3 p.m. Copies of the filing will inventory of the participant, MSEG will publication of this notice in the Federal also be available for inspection and prevent the delivery of any quantity of Register or within such longer period (i) copying at the principal office of the the security out of the participant’s as the Commission may designate up to Exchange. All comments received will account unless: (1) The delivery is a 90 days of such date if it finds such be posted without change; the permitted delivery (e.g., a free of value longer period to be appropriate and Commission does not edit personal ACATS delivery or a ‘‘turnaround’’ as publishes its reasons for so finding or identifying information from described below) or (2) the participant (ii) as to which the self-regulatory submissions. You should submit only provides DTC with new instructions to organization consents, the Commission information that you wish to make reduce the MSEG counter. shall: available publicly. All submissions The MSEG procedures currently (A) By order approve or disapprove should refer to File No. SR–NYSEArca– support two optional ‘‘turnaround’’ the proposed rule change, or 2011–31 and should be submitted on or MSEG indicators which enable (B) institute proceedings to determine before July 1, 2011. participants to make deliveries for whether the proposed rule change certain transaction types (including, but should be disapproved. For the Commission, by the Division of not limited to, stock loans and stock Trading and Markets, pursuant to delegated loan returns) from certain positions IV. Solicitation of Comments 28 authority. received intraday regardless of any Interested persons are invited to Cathy H. Ahn, MSEG-related deficit. Recently, DTC submit written data, views, and Deputy Secretary. was advised by the Regulatory and arguments concerning the foregoing, [FR Doc. 2011–14415 Filed 6–9–11; 8:45 am] Clearance Committee of the Securities including whether the proposed rule BILLING CODE 8011–01–P change is consistent with the Act. 1 15 U.S.C. 78s(b)(1). Comments may be submitted by any of 2 Securities Exchange Act Release No. 64360 the following methods: 28 17 CFR 200.30–3(a)(12). (April 28, 2011), 76 FR 25389 (May 4, 2011).

VerDate Mar<15>2010 17:21 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34119

Operations Section of SIFMA that proposed rule change is consistent with entities may submit written comments several broker-dealer participants had DTC’s obligation under Section 17A of regarding an SBDC refunding within 30 expressed concern that their practices the Exchange Act, as amended, and the days from the date of publication of this for turnaround of stock loans and stock rules and regulations thereunder.6 notice to the SBDC. loan returns (i.e., MSEG overrides) may IV. Conclusion ADDRESSES: Addresses of Relevant SBDC be deemed by FINRA to be contrary to State Directors: the Commission’s Rule 15c3–3 On the basis of the foregoing, the Mr. Al Salgado, Region Director, (‘‘Customer Protection Rule’’).3 DTC also Commission finds that the proposed Univ. of Texas at San Antonio, 501 West communicated directly with rule change is consistent with the Durango Blvd., San Antonio, TX 78207, participants affected through their use requirements of the Act, particularly (210) 458–2450. of this functionality, and they expressed with the requirements of Section 17A of Ms. Kristina Oliver, State Director, similar concerns. In order to the Act, and the rules and regulations West Virginia Development Office, 1900 accommodate its participants in this thereunder. Kanawha Blvd., East, Bldg. 6, Rm. 504, regard, DTC is revising its procedures so It Is Therefore Ordered, pursuant to Charleston, WV 25305, (304) 558–2960. that MSEG will no longer permit stock Section 19(b)(2) of the Act, that the Mr. Clinton Tymes, State Director, loan or stock loan return-related proposed rule change (File No. SR– University of Delaware, One Innovation turnaround deliveries for a security DTC–2011–05) be and hereby is Way, Suite 301, Newark, DE 19711, when there is an MSEG deficit in the approved. (302) 831–2747. account. For the Commission by the Division of Ms. Carmen Marti, SBDC Director, In order to effect the rule change Trading and Markets, pursuant to delegated Inter American University of Puerto described above, DTC is amending its authority.7 Rico, Ponce de Leon Avenue, #416, Settlement Service Guide (‘‘Service Cathy H. Ahn, Edificio Union Plaza, Seventh Floor, ’’ Guide ), which is incorporated into Deputy Secretary. Hato Rey, PR 00918, (787) 763–6811. DTC’s procedures, to make existing Mr. Michael Young, Region Director, [FR Doc. 2011–14389 Filed 6–9–11; 8:45 am] indicators that allow for the turnaround University of Houston, 2302 Fannin, of stock loans and stock loan returns BILLING CODE 8011–01–P Suite 200, Houston, TX 77002, (713) more restrictive. As a result, the 752–8425. procedures will no longer permit Ms. Becky Naugle, State Director, deliveries for stock loans, stock loan SMALL BUSINESS ADMINISTRATION University of Kentucky, One Quality Street, Lexington, KY 40507, (859) 257– returns, The Options Clearing Action Subject to Intergovernmental ‘‘ ’’ 7668. Corporation ( OCC ) stock loans, OCC Review stock loan returns, American Depository Ms. Liz Klimback, Region Director, Receipt (‘‘ADR’’) stock loans, and ADR AGENCY: U.S. Small Business Dallas Community College, 1402 stock loan returns to be completed from Administration. Corinth Street, Dallas, TX 75212, (214) turnaround shares when an MSEG ACTION: Notice. 860–5835. deficit exists.4 Ms. Rene Sprow, State Director, Univ. SUMMARY: Under Executive Order of Maryland at College Park, 7100 III. Discussion 12372, the Small Business Baltimore Avenue, Suite 401, Baltimore, Section 17A(b)(3)(F) of the Act Administration (SBA) is notifying the MD 20742–1815, (301) 403–8300. requires, among other things, that the public that it intends to grant the Mr. Craig Bean, Region Director, rules of a clearing agency be designed to pending applications of 22 existing Texas Tech University, 2579 South assure the safeguarding of securities and Small Business Development Centers Loop 289, Suite 114, Lubbock, TX funds which are in the custody or (SBDCs) for refunding on October 1, 79423–1637, (806) 745–3973. control of the clearing agency or for 2011, subject to the availability of funds. Ms. Leonor Dottin, SBDC Director, which it is responsible.5 The Nine states do not participate in the EO University of the Virgin Islands, 8000 Commission finds that DTC’s rule 12372 process; therefore, their addresses Nisky Center, Suite 720, St. Thomas, change, which should reduce the risk of are not included. A short description of USVI 00802–5804, (340) 776–3206. unintended deliveries by broker-dealer the SBDC program follows in the Mr. Max Summers, State Director, participants of customer fully paid and SUPPLEMENTARY INFORMATION section University of Missouri, 410 South Sixth excess margin securities in violation of below. Street, 200, Engineering North, the Customer Protection Rule, is The SBA is publishing this notice at Columbia, MO 65211, (573) 882–1348. consistent with this obligation under the least 90 days before the expected Mr. Jim Heckman, State Director, Iowa Exchange Act because it should help refunding date. The SBDCs and their State University, 2321 North Loop DTC participants to better protect and mailing addresses are listed below in Drive, Suite 202, Ames, IA 50011, (515) have possession of customer fully-paid the address section. A copy of this 294–2037. Ms. Lenae Quillen-Blume, State and excess margin securities that are notice also is being furnished to the Director, Vermont Technical College, held at DTC and in general, because it respective State single points of contact P.O. Box 188, Randolph Center, VT helps protect investors and the public designated under the Executive Order. 05061–0188, (802) 728–9101. interest. Each SBDC application must be Accordingly, for the reasons stated consistent with any area-wide small FOR FURTHER INFORMATION CONTACT: above the Commission believes that the business assistance plan adopted by a Antonio Doss, Associate Administrator State-authorized agency. for SBDCs, U.S. Small Business 3 Administration, 409 Third Street, SW., 17 CFR 204.15c3–3. DATES: A State single point of contact 4 Sixth Floor, Washington, D.C. 20416. The proposed change will also eliminate and other interested State or local references in the Settlement Service Guide that SUPPLEMENTARY INFORMATION: MSEG-related functions are processed through the Participant Terminal System (PTS), as participants 6 In approving this proposal, the Commission has Description of the SBDC Program may currently use various platforms to considered its impact on efficiency, competition, communicate with DTC. and capital formation. 15 U.S.C. 78c(f). A partnership exists between SBA 5 15 U.S.C. 78q–1(b)(3)(F). 7 17 CFR 200.30–3(a)(12). and an SBDC. SBDCs offer training,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34120 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

counseling and other business counseling to existing and prospective SMALL BUSINESS ADMINISTRATION development assistance to small small business owners in management, businesses. Each SBDC provides marketing, finance, operations, Action Subject to Intergovernmental services under a negotiated Cooperative planning, taxes, and any other general Review Agreement with SBA, the general or technical area of assistance that AGENCY: U.S. Small Business management and oversight of SBA, and supports small business growth. a state plan initially approved by the Administration. The SBA district office and the SBDC ACTION: Notice. Governor. Non-Federal funds must must agree upon the specific mix of match Federal funds. An SBDC must services. They should give particular SUMMARY: operate according to law, the Under Executive Order attention to SBA’s priority and special Cooperative Agreement, SBA’s 12372, the Small Business emphasis groups, including veterans, regulations, the annual Program Administration (SBA) is notifying the women, exporters, the disabled, and Announcement, and program guidance. public that it intends to grant the minorities. pending applications of 39 existing Program Objectives Small Business Development Centers SBDC Program Requirements The SBDC program uses Federal (SBDCs) for refunding on January 1, funds to leverage the resources of states, An SBDC must meet programmatic 2012 subject to the availability of funds. academic institutions and the private and financial requirements imposed by Twenty states do not participate in the sector to: statute, regulations or its Cooperative EO 12372 process therefore, their (a) Strengthen the small business Agreement. The SBDC must: addresses are not included. A short community; description of the SBDC program (b) increase economic growth; (a) Locate service centers so that they follows in the supplementary (c) assist more small businesses; and are as accessible as possible to small information below. (d) broaden the delivery system to businesses; The SBA is publishing this notice at more small businesses. (b) Open all service centers at least 40 least 90 days before the expected SBDC Program Organization hours per week, or during the normal refunding date. The SBDCs and their business hours of its state or academic mailing addresses are listed below in The lead SBDC operates a statewide Host Organization, throughout the year; the address section. A copy of this or regional network of SBDC service (c) Develop working relationships notice also is being furnished to the centers. An SBDC must have a full-time respective State single points of contact Director. SBDCs must use at least 80 with financial institutions, the investment community, professional designated under the Executive Order. percent of the Federal funds to provide Each SBDC application must be services to small businesses. SBDCs use associations, private consultants and small business groups; and consistent with any area-wide small volunteers and other low cost resources business assistance plan adopted by a (d) Maintain lists of private as much as possible. State-authorized agency. consultants at each service center. SBDC Services DATES: A State single point of contact Dated: June 2, 2011. An SBDC must have a full range of and other interested State or local business development and technical Antonio Doss, entities may submit written comments assistance services in its area of Associate Administrator, Office of Small regarding an SBDC refunding within 30 operations, depending upon local needs, Business Development Centers. days from the date of publication of this SBA priorities and SBDC program [FR Doc. 2011–14377 Filed 6–9–11; 8:45 am] notice to the SBDC. objectives. Services include training and BILLING CODE P ADDRESSES:

ADDRESSES OF RELEVANT SBDC STATE DIRECTORS

Mr. Sherman Wilkinson, Acting State Director, Salt Lake Community Mr. Herbert Thweatt, Director, American Samoa Community College, College, 9750 South 300 West, Sandy, UT 84070, (801) 957–3481. P.O. Box 2609, Pago Pago, American Samoa 96799, 011–684–699– 4830. Ms. Michelle Abraham, State Director, University of South Carolina, Jerry Cartwright, State Director, University of West Florida, 401 East 1705 College Street, Columbia, SC 29208, (803) 777–4907. Chase Street, Suite 100, Pensacola, FL 32502, (866) 737–7232. Ms. Diane R. Howerton, Regional Director, University of California, Mr. Sam Males, State Director, University of Nevada Reno, College of Merced, 550 East Shaw, Suite 100, Fresno, CA 93710, (559) 241– Business Admin., Room 411, Reno, NV 89557–0100, (775) 784– 7406. 1717. Ms. Debbie Trujillo, Regional Director, SW Community College District, Mr. Mark DeLisle, State Director, University of Southern Maine, 96 Fal- 900 Otey Lakes Road, Chula Vista, CA 91910, (619) 482–6388. mouth Street, Portland, ME 04103, (207) 780–4420. Mr. Casey Jeszenka, SBDC Director, University of Guam, P.O. Box Mr. James Alva, Interim Regional Director, Long Beach Community 5014—U.O.G. Station, Mangilao, GU 96923, (671) 735–2590. College, 4900 E. Conant Street, Suite 108, Lakewood, CA 90712, (562) 938–5004. Mr. Dan Ripke, Regional Director, California State University, Chico, Ms. Kristin Johnson, Regional Director, Humboldt State University, Of- Building 35, CSU Chico, Chico, CA 95929, (530) 898–4598. fice of Economic & Community Dev., 1 Harpst Street, House 71, Room 110, Arcata, CA 95521, (707) 826–3920. Ms. Priscilla Lopez, Regional Director, California State University, Ful- lerton, 800 North State College Blvd., Fullerton, CA 92834, (657) 278–2719.

FOR FURTHER INFORMATION CONTACT: Administration, 409 Third Street, SW., Description of the SBDC Program Antonio Doss, Associate Administrator Sixth Floor, Washington, DC 20416. for SBDCs, U.S. Small Business A partnership exists between SBA SUPPLEMENTARY INFORMATION: and an SBDC. SBDCs offer training,

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34121

counseling and other business business hours of its state or academic SMALL BUSINESS ADMINISTRATION development assistance to small Host Organization, throughout the year; [Disaster Declaration #12578 and #12579] businesses. Each SBDC provides (c) Develop working relationships services under a negotiated Cooperative with financial institutions, the Missouri Disaster Number MO–00049 Agreement with the SBA. SBDCs investment community, professional operate on the basis of a state plan to associations, private consultants and AGENCY: U.S. Small Business provide assistance within a state or small business groups; and Administration. geographic area. The initial plan must (d) Maintain lists of private ACTION: Amendment 1. have the written approval of the consultants at each service center. Governor. Non-Federal funds must SUMMARY: This is an amendment of the Dated: June 2, 2011. Presidential declaration of a major match Federal funds. An SBDC must Antonio Doss, operate according to law, the disaster for Public Assistance Only for Associate Administrator, Office of Small the State of Missouri (FEMA–1980–DR), Cooperative Agreement, SBA’s Business Development Centers. regulations, the annual Program dated 05/09/2011. [FR Doc. 2011–14376 Filed 6–9–11; 8:45 am] Announcement, and program guidance. Incident: Severe Storms, Tornadoes, BILLING CODE P and Flooding. Program Objectives Incident Period: 04/19/2011 and The SBDC program uses Federal continuing. SMALL BUSINESS ADMINISTRATION Effective Date: 05/27/2011. funds to leverage the resources of states, Physical Loan Application Deadline academic institutions and the private [Disaster Declaration #12584 and #12585] Date: 07/08/2011. sector to: Alabama Disaster Number AL–00037 Economic Injury (EIDL) Loan (a) Strengthen the small business Application Deadline Date: 02/09/2012. community; AGENCY: U.S. Small Business ADDRESSES: Submit completed loan (b) Increase economic growth; Administration. (c) Assist more small businesses; and applications to: U.S. Small Business (d) Broaden the delivery system to ACTION: Amendment 4. Administration, Processing And more small businesses. Disbursement Center, 14925 Kingsport SUMMARY: This is an amendment of the Road, Fort Worth, TX 76155. Presidential declaration of a major SBDC Program Organization FOR FURTHER INFORMATION CONTACT: A. disaster for Public Assistance Only for The lead SBDC operates a statewide Escobar, Office of Disaster Assistance, the State of Alabama (FEMA-1971-DR), or regional network of SBDC service U.S. Small Business Administration, dated 04/28/2011. centers. An SBDC must have a full-time 409 3rd Street, SW., Suite 6050, Incident: Severe storms, tornadoes, Director. SBDCs must use at least 80 Washington, DC 20416. straight-line winds, and flooding. percent of the Federal funds to provide Incident Period: 04/15/2011 through SUPPLEMENTARY INFORMATION: The notice services to small businesses. SBDCs use 05/31/2011. of the President’s major disaster volunteers and other low cost resources Effective Date: 05/31/2011. declaration for Private Non-Profit as much as possible. Physical Loan Application Deadline organizations in the State of Missouri, SBDC Services Date: 06/27/2011. dated 05/09/2011, is hereby amended to Economic Injury (EIDL) Loan include the following areas as adversely An SBDC must have a full range of Application Deadline Date: 01/30/2012. affected by the disaster. business development and technical ADDRESSES: Submit completed loan Primary Counties: Bollinger, Butler, assistance services in its area of Howell, Iron, Madison, Mcdonald, operations, depending upon local needs, applications to: U.S. Small Business Administration, Processing and Perry, Reynolds, Sainte Genevieve, SBA priorities and SBDC program Scott, Stoddard, Taney, Wayne. objectives. Services include training and Disbursement Center, 14925 Kingsport All other information in the original counseling to existing and prospective Road, Fort Worth, TX 76155. declaration remains unchanged. small business owners in management, FOR FURTHER INFORMATION CONTACT: A marketing, finance, operations, Escobar, Office of Disaster Assistance, (Catalog of Federal Domestic Assistance planning, taxes, and any other general U.S. Small Business Administration, Numbers 59002 and 59008) or technical area of assistance that 409 3rd Street, SW., Suite 6050, James E. Rivera, supports small business growth. Washington, DC 20416. Associate Administrator for Disaster The SBA district office and the SBDC SUPPLEMENTARY INFORMATION: The notice Assistance. must agree upon the specific mix of of the President’s major disaster [FR Doc. 2011–14116 Filed 6–9–11; 8:45 am] services. They should give particular declaration for Private Non-Profit BILLING CODE 8025–01–M attention to SBA’s priority and special organizations in the State of Alabama, emphasis groups, including veterans, dated 04/28/2011, is hereby amended to women, exporters, the disabled, and establish the incident period for this SMALL BUSINESS ADMINISTRATION minorities. disaster as beginning 04/15/2011 and [Disaster Declaration #12545 and #12546] SBDC Program Requirements continuing through 05/31/2011. All other information in the original Alabama Disaster Number AL–00036 An SBDC must meet programmatic declaration remains unchanged. and financial requirements imposed by (Catalog of Federal Domestic Assistance AGENCY: U.S. Small Business statute, regulations or its Cooperative Numbers 59002 and 59008.) Administration. Agreement. The SBDC must: ACTION: Amendment #7. (a) Locate service centers so that they James E. Rivera, are as accessible as possible to small Associate Administrator for Disaster SUMMARY: This is an amendment of the businesses; Assistance. Presidential declaration of a major (b) Open all service centers at least 40 [FR Doc. 2011–14256 Filed 6–9–11; 8:45 am] disaster for the State of Alabama hours per week, or during the normal BILLING CODE 8025–01–M (FEMA–1971–DR), dated 04/28/2011.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34122 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Incident: Severe Storms, Tornadoes, Administration, Processing and • Estimated Number of Respondents: Straight-line Winds, and Flooding. Disbursement Center, 14925 Kingsport 70 respondents annually. Incident Period: 04/15/2011 and Road, Fort Worth, TX 76155. • Estimated Number of Responses: continuing. FOR FURTHER INFORMATION CONTACT: A. 280 per year. • Effective Date: 06/01/2011. Escobar, Office of Disaster Assistance, Average Hours per Response: 20. • Physical Loan Application Deadline U.S. Small Business Administration, Total Estimated Burden: 5,600 Date: 06/27/2011. hours per year. 409 3rd Street, SW., Suite 6050, • EIDL Loan Application Deadline Date: Washington, DC 20416. Frequency: Quarterly. 01/30/2012. • Obligation to Respond: Required to SUPPLEMENTARY INFORMATION: The notice Obtain or Retain a Benefit. ADDRESSES: Submit completed loan of the Presidential disaster declaration applications to: U.S. Small Business for the State of Missouri, dated 05/09/ DATES: The Department will accept Administration, Processing and 2011 is hereby amended to include the comments from the public up to 30 days Disbursement Center, 14925 Kingsport following areas as adversely affected by from June 10, 2011. Road, Fort Worth, TX 76155. the disaster: ADDRESSES: Direct comments to the FOR FURTHER INFORMATION CONTACT: A. Primary Counties: (Physical Damage Department of State Desk Officer in the Escobar, Office of Disaster Assistance, and Economic Injury Loans): Office of Information and Regulatory U.S. Small Business Administration, Bollinger, Dunklin, Pemiscot, Phelps, Affairs at the Office of Management and 409 3rd Street, SW., Suite 6050, Reynolds, Saint Francois. Budget (OMB). You may submit Washington, DC 20416. comments by any of the following Contiguous Counties: (Economic Injury SUPPLEMENTARY INFORMATION: The notice methods: Loans Only): • of the Presidential disaster declaration E-mail: Missouri: Crawford, Dent, Gasconade, _ for the State of Alabama, dated 04/28/ oira [email protected]. You Iron, Madison, Sainte Genevieve, must include the DS form number, 2011 is hereby amended to include the Washington. following areas as adversely affected by information collection title, and OMB Arkansas: Craighead, Greene. the disaster: control number in the subject line of Primary Counties: (Physical Damage and Mississippi your message. • Fax: 202–395–5806. Attention: Desk Economic Injury Loans): Escambia. Tennessee: Dyer. Contiguous Counties: (Economic Injury All other information in the original Officer for Department of State. Loans Only): declaration remains unchanged. FOR FURTHER INFORMATION CONTACT: Alabama: Covington. Please direct requests for additional (Catalog of Federal Domestic Assistance information regarding the collection Florida: Okaloosa, Escambia, Santa Numbers 59002 and 59008) Rosa. listed in this notice, including requests All other information in the original James E. Rivera, for copies of the proposed information declaration remains unchanged. Associate Administrator for Disaster collection and supporting documents, to Assistance. Neil Stormer, U.S. Department of State, (Catalog of Federal Domestic Assistance [FR Doc. 2011–14114 Filed 6–9–11; 8:45 am] Office of the Middle East Partnership Numbers 59002 and 59008) BILLING CODE 8025–01–M Initiative (NEA/PI), Bureau of Near James E. Rivera, Eastern Affairs, NEA Mail Room—Room Associate Administrator for Disaster 6258, 2201 C St., NW., Washington, DC Assistance. DEPARTMENT OF STATE 20520, who may be reached on 202– 776–8595 or at [email protected]. [FR Doc. 2011–14252 Filed 6–9–11; 8:45 am] [Public Notice 7499] BILLING CODE 8025–01–M SUPPLEMENTARY INFORMATION: We are 30-Day Notice of Proposed Information soliciting public comments to permit Collection: NEA/PI Online Performance the Department to: • SMALL BUSINESS ADMINISTRATION Reporting System (PRS) Evaluate whether the proposed [Disaster Declaration #12576 and #12577] information collection is necessary for ACTION: Notice of request for public the proper performance of our Missouri Disaster Number MO–00048 comments. functions. • Evaluate the accuracy of our AGENCY: U.S. Small Business SUMMARY: The Department of State is estimate of the burden of the proposed Administration. seeking Office of Management and collection, including the validity of the ACTION: Amendment 3. Budget (OMB) approval for the methodology and assumptions used. information collection described below. • Enhance the quality, utility, and SUMMARY: This is an amendment of the The purpose of this notice is to allow 30 clarity of the information to be Presidential declaration of a major days for public comment in the Federal collected. disaster for the State of Missouri Register preceding submission to OMB. • Minimize the reporting burden on (FEMA–1980–DR), dated 05/09/2011. We are conducting this process in those who are to respond, including the Incident: Severe Storms, Tornadoes, accordance with the Paperwork use of automated collection techniques and Flooding. Reduction Act of 1995. or other forms of technology. Incident Period: 04/19/2011 and • Title of Information Collection: continuing. NEA/PI Online Performance Reporting Abstract of Proposed Collection Effective Date: 05/27/2011. System (PRS). Since 2002, MEPI has obligated more Physical Loan Application Deadline • OMB Control Number: 1405–0183. than $600 million to over 550 Date: 07/08/2011. • Type of Request: Renewal. organizations, which carry out more EIDL Loan Application Deadline Date: • Originating Office: NEA/PI. than 850 projects in support of political, 02/09/2012. • Form Number: DS–4127. economic, education and women’s ADDRESSES: Submit completed loan • Respondents: Recipients of NEA/PI rights reform in 20 countries of the applications to: U.S. Small Business grants. Middle East and North Africa. As a

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34123

normal course of business and in object at the Solomon R. Guggenheim provided to the appropriate committees compliance with OMB Guidelines Museum, New York, NY, from on or of the Congress. This Determination contained in Circular A–110, recipient about June 24, 2011, until on or about shall be published in the Federal organizations are required to provide, September 28, 2011, and at possible Register. and the U.S. State Department is additional exhibitions or venues yet to Dated: June 1, 2011. required to collect, periodic program be determined, is in the national Hilary Rodman Clinton, and financial performance reports. The interest. I have ordered that Public Secretary of State. responsibility of the State Department to Notice of these Determinations be track and monitor the programmatic and published in the Federal Register. [FR Doc. 2011–14448 Filed 6–9–11; 8:45 am] BILLING CODE 4710–23–P financial performance necessitates a FOR FURTHER INFORMATION CONTACT: For database that can help facilitate this in further information, including the a consistent and standardized manner. exhibit object list, contact Julie The MEPI Performance Reporting Simpson, Attorney-Adviser, Office of DEPARTMENT OF TRANSPORTATION System (PRS) enables enhanced the Legal Adviser, U.S. Department of Federal Aviation Administration monitoring and evaluation of grants State (telephone: 202–632–6467). The through standardized collection and mailing address is U.S. Department of 25th Meeting: RTCA Special storage of relevant award elements, such State, SA–5, L/PD, Fifth Floor (Suite Committee 206: Aeronautical as quarterly progress reports, workplans, 5H03), Washington, DC 20522–0505. Information and Meteorological Data results monitoring plans, grant Dated: June 6, 2011. Link agreements, financial reports, and other Ann Stock, business information related to MEPI AGENCY: Federal Aviation implementers. The PRS streamlines Assistant Secretary, Bureau of Educational Administration (FAA), DOT. and Cultural Affairs, Department of State. communication with implementers and ACTION: Notice of RTCA Special [FR Doc. 2011–14447 Filed 6–9–11; 8:45 am] allows for rapid identification of Committee 206: Aeronautical information gaps for specific projects. BILLING CODE 4710–05–P Information and Meteorological Data Methodology Link Services meeting. Information will be entered into PRS DEPARTMENT OF STATE SUMMARY: The FAA is issuing this notice electronically by respondents. Non- [Public Notice 7498] to advise the public of a meeting of respondents will submit their quarterly RTCA Special Committee 206: reports on paper. Determination Related to Serbia Under Aeronautical Information and Section 7072(c) of the Department of Meteorological Data Link Services Additional Information State, Foreign Operations, and Related DATES: The meeting will be held June Dated: June 3, 2011. Programs Appropriations Act, 2010 as 27–July 1, 2011 from 9 a.m. to 5 p.m. Carried Forward Under the Full-Year Catherine Bourgeois, ADDRESSES: The meeting will be held at Continuing Appropriations Act, 2011 Deputy Director, Bureau of Near Eastern Vail Marriott, 715 West Lionshead Affairs NEA/PI, Department of State. Pursuant to the authority vested in me Circle, Vail, CO 81657. Point of Contact [FR Doc. 2011–14450 Filed 6–9–11; 8:45 am] as Deputy Secretary of State, including is Jeff Rex at (303) 501–4359. BILLING CODE 4710–31–P under section 7072(c) of the Department FOR FURTHER INFORMATION CONTACT: of State, Foreign Operations, and RTCA Secretariat, 1828 L Street, NW., Related Programs Appropriations Act, Suite 805, Washington, DC 20036; DEPARTMENT OF STATE 2010 (Div. F, Pub. L. 111–117), as telephone (202) 833–9339; fax (202) [Public Notice 7501] carried forward under the Full-Year 833–9434; Web site http://www.rtca.org. Continuing Appropriations Act, 2011 SUPPLEMENTARY INFORMATION: Pursuant Culturally Significant Objects Imported (Div. B, Pub. L. 112–10), the President’s to section 10(a)(2) of the Federal for Exhibition Determinations: ‘‘Lee Delegation of Responsibilities Related to Advisory Committee Act (Pub. L. 92– Ufan: Marking Infinity’’ the Federal Republic of Yugoslavia, 463, 5 U.S.C., Appendix 2), notice is dated March 22, 2001, I hereby hereby given for a RTCA Special SUMMARY: Notice is hereby given of the determine and certify that the Committee 206: EUROCAE WG 76 following determinations: Pursuant to Government of Serbia is: Plenary: AIS and MET Data Link the authority vested in me by the Act of (1) cooperating with the International Services meeting. October 19, 1965 (79 Stat. 985; 22 U.S.C. Criminal Tribunal for the former Yugoslavia, The agenda will include: 2459), Executive Order 12047 of March including access for investigators, the 27, 1978, the Foreign Affairs Reform and provision of documents, timely information 27 June—Monday Restructuring Act of 1998 (112 Stat. on the location, movement, and sources of • 9 a.m. 2681, et seq.; 22 U.S.C. 6501 note, et financial support of indictees, and the • Opening Plenary seq.), Delegation of Authority No. 234 of surrender and transfer of indictees or • Chairmen’s remarks and Host’s assistance in their apprehension, including October 1, 1999, and Delegation of comments Ratko Mladic; • Authority No. 236–3 of August 28, 2000, (2) taking steps that are consistent with the Introductions I hereby determine that the object to be Dayton Accords to end Serbian financial, • Approval of previous meeting included in the exhibition ‘‘Lee Ufan: political, security and other support which minutes Marking Infinity,’’ imported from abroad has served to maintain separate Republika • Review and approve meeting agenda for temporary exhibition within the Srpska institutions; and • Schedule for this week United States, is of cultural significance. (3) taking steps to implement policies • Action Item Review The object is imported pursuant to a which reflect a respect for minority rights • Working Group 1, Work Plan—WG1 loan agreement with the foreign owner and the rule of law. Chairmen or custodian. I also determine that the This Determination and related • Working Group 2 Work Plan—WG2 exhibition or display of the exhibit Memorandum of Justification shall be Chairmen

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34124 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

• Working Group 3 Work Plan—WG3 FOR FURTHER INFORMATION CONTACT: • NAC/Trajectory Operations— Chairmen RTCA Secretariat, 1828 L Street, NW., Discussion—Status. • 11 a.m. Suite 850, Washington, DC, 20036; • FAA Actions Taken on Previously • WG1, WG2, and WG3 Meetings telephone (202) 833–9339; fax (202) Published Documents. • Special Committees—Chairmen’s 28 June—Tuesday 833–9434; Web site http://www.rtca.org. SUPPLEMENTARY INFORMATION: Pursuant Reports and Meeting Management. • 9 a.m. • Other Business. • to section 10(a)(2) of the Federal Joint Plenary meeting with AEEC Advisory Committee Act (Pub. L. 92– • Schedule for Committee Systems Architecture & Interface SC 463, 5 U.S.C., appendix (2)), notice is Deliverables and Next Meeting Date. • 10 a.m. • hereby given for a RTCA Program • Adjourn. WG1, WG2, and WG3 Meetings Management Committee meeting. The Attendance is open to the interested 29 June—Wednesday agenda will include: public but limited to space availability. • Opening Plenary (Welcome and • 9 a.m. With the approval of the chairman, Introductions). • WG1, WG2, and WG3 Meetings members of the public may present oral • Review/Approve Summaries: 30 June—Thursday statements at the meeting. Persons • March 17, 2011, RTCA Paper No. wishing to present statements or obtain • 9 a.m. 085–11/PMC–889. information should contact the person • • WG1, WG2, and WG3 Meetings May 26, 2011, RTCA Paper No. listed in the FOR FURTHER INFORMATION • 3 p.m. 102–11/PMC–895. • CONTACT section. Plenary Session • Publication Consideration/ • Members of the public may present a Working Group Reports Approval. • written statement to the committee at Action Item Review • Final Draft, New Document, Safety, • any time. Meeting Plans and Dates Performance, and Interoperability • Issued in Washington, DC, June 3, 2011. Other Business Requirements Document for Airborne Robert L. Bostiga, 1 July—Friday Spacing—Flight Deck Interval RTCA Advisory Committee. • Management (ASPA–FIM), RTCA Paper 9 a.m. No. 103–11/PMC–896, prepared by SC– [FR Doc. 2011–14369 Filed 6–9–11; 8:45 am] • WG1, WG2, and WG3 Meetings 186. BILLING CODE 4910–13–P • 12 p.m. • • Final Draft, Revised DO–230B, Adjourn Integrated Security System Performance Attendance is open to the interested Standard for Airport Access Control, DEPARTMENT OF TRANSPORTATION public but limited to space availability. RTCA Paper No. 104–11/PMC–897, With the approval of the chairmen, prepared by SC–224. Federal Aviation Administration members of the public may present oral • Final Draft, Revised DO–315A, Civil Supersonic Aircraft Panel statements at the meeting. Persons Minimum Aviation System Performance Discussion wishing to present statements or obtain Standards (MASPS) for Enhanced information should contact the person Vision Systems, Synthetic Vision Correction listed in the FOR FURTHER INFORMATION Systems, Combined Vision Systems and In notice document 2011–12742 CONTACT section. Members of the public Enhanced Flight Vision Systems, appearing on page 30231 in the issue of may present a written statement to the prepared by SC–213. Tuesday, May 24, 2011, make the committee at any time. • Integration and Coordination following correction: Issued in Washington, DC, on June 3, 2011. Committee (ICC)—Status Review. Beginning in the second line from the Robert L. Bostiga, • Action Item Review: bottom of the first column and • RTCA Advisory Committee. SC–225—Small and Medium Sized continuing to the second line in the [FR Doc. 2011–14370 Filed 6–9–11; 8:45 am] Rechargeable Lithium Batteries and second column, the Web site address Battery Discussion—Terms of Reference. should read as follows: https:// BILLING CODE 4910–13–P • SC–223—Airport Surface Wireless spreadsheets.google.com/spreadsheet/ Communications—Discussion . • viewform?formkey=dEFEdlRnYzBiaHZ DEPARTMENT OF TRANSPORTATION SC–222—Inmarsat AMS(R)S— tTUozTHVtbkF4d0E6MQ. Discussion—Review/Approve Revised [FR Doc. C1–2011–12742 Filed 6–9–11; 8:45 am] Federal Aviation Administration Terms of Reference. BILLING CODE 1505–01–D • Discussion: RTCA Program Management • Aircraft Audio Systems and Committee Equipment—Discussion—Possible New DEPARTMENT OF TRANSPORTATION Special Committee to Revise DO–214. AGENCY: Federal Aviation • SC–214—Status, Terms of Administration (FAA), DOT. Federal Aviation Administration Reference. ACTION: Notice of RTCA Program • SC–213—Enhanced Flight Vision Notice of Passenger Facility Charge Management Committee meeting. Systems/Synthetic Vision Systems (PFC) Approvals and Disapprovals (EFVS/SVS)—Revised Terms of SUMMARY: The FAA is issuing this notice Reference. AGENCY: Federal Aviation to advise the public of a meeting of the • SC–205—Status, Document Administration (FAA), DOT. RTCA Program Management Committee. Delivery Dates and Terms of Reference. ACTION: Monthly Notice of PFC DATES: The meeting will be held June • SC–203—Unmanned Aircraft Approvals and Disapprovals. In May 22, 2011 from 8:30 a.m. to 1:30 p.m. Systems—Discussion—MASPS and 2011, there were six applications ADDRESSES: The meeting will be held at MOPS Schedules. approved. This notice also includes RTCA, Inc., 1828 L Street, NW., Suite • SC–159—Global Positioning information on three applications, 805, Washington, DC 20036. System—Discussion—. approved in April 2011, inadvertently

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34125

left off the April 2011 notice. District Office, (650) 876–2778, Classes of Air Carriers Not Required Additionally, nine approved extension 623. To Collect PFC’S: amendments to previously approved Public Agency: Jacksonville Airport (1) Air taxi/commercial operators that applications are listed. Authority, Jacksonville, Florida. offer non-scheduled/on-demand air Application Number: 11–10–C–00– operations that enplane less than 2,500 SUMMARY: The FAA publishes a monthly JAX. passengers per year at Portland notice, as appropriate, of PFC approvals Application Type: Impose and use a International Airport (PDX); and (2) and disapprovals under the provisions PFC. commuters or small certificated air of the Aviation Safety and Capacity PFC Level: $4.50. carriers that enplane less than 2,500 Expansion Act of 1990 (Title IX of the Total PFC Revenue Approved in this passengers per year at PDX. Omnibus Budget Reconciliation Act of Decision: $11,352,575. Determination: Approved. Based on 1990) (Pub. L. 101–508) and Part 158 of Earliest Charge Effective Date: information contained in the public the Federal Aviation Regulations (14 October 1, 2023. agency’s application, the FAA has CFR part 158). This notice is published Estimated Charge Expiration Date: determined that each proposed class pursuant to paragraph d of § 158.29. July 1, 2024. accounts for less than 1 percent of the Class Of Air Carriers Not Required To PFC Applications Approved total annual enplanements at PDX. Collect PFC’s: Air taxi/commercial Brief Description of Projects Approved Public Agency: County of San Joaquin, operators. for Collection and Use at a $4.50 PFC Stockton, California. Determination: Approved. Based on Level: Application Number: 11–05–C–00– information contained in the public South runway reconstruction (10R/ SCK. agency’s application, the FAA has 28L). Application Type: Impose and use a determined that the proposed class Deicing project. PFC. accounts for less than 1 percent of the North runway reconstruction (10L/ PFC Level: $4.50. total annual enplanements at 28R). Total PFC Revenue Approved in this Jacksonville International Airport. Decision Date: April 28, 2011. Decision: $336,996. Brief Description Of Projects FOR FURTHER INFORMATION CONTACT: Earliest Charge Effective Date: Approved for Collection and Use at a Dave Roberts, Seattle Airports District September 1, 2011. $4.50 PFC Level: Estimated Charge Expiration Date: Design concourse B apron. Office, (425) 227–2629. September 1, 2012. Construct concourse B apron (phase Public Agency: Los Angeles World Class of Air Carriers Not Required To I)—bypass taxiways. Airports, Los Angeles, California. Collect PFC’s: Nonscheduled/on- Design and construct runways 13/31, Application Number: 11–08–C–00– demand air carriers filing FAA Form 7/24, and air cargo apron joint seal LAX. 1800–31. rehabilitation. Application Type: Impose and use a Determination: Approved. Based on Airfield lighting upgrades. PFC. information contained in the public Aircraft rescue and firefighting PFC Level: $3.00. agency’s application, the FAA has vehicle replacement. Total PFC Revenue Approved in This determined that the proposed class Electrical substation and distribution Decision: $29,107,609. accounts for less than 1 percent of the system rehabilitation. Earliest Charge Effective Date: March total annual enplanements at Stockton Rehabilitate internal circulation road 1, 2019. Metropolitan Airport. (aircraft rescue and firefighting access). Estimated Charge Expiration Date: Brief Description Of Projects Rehabilitate taxiways T and H. June 1, 2019. Approved for Collection and Use: Brief Description of Projects Approved Class of Air Carriers Not Required To Rehabilitation of taxiways H and J. for Collection and Use at a $3.00 PFC Collect PFC’s: Terminal hold room expansion. Level: Air taxi/commercial operators— Aircraft rescue and firefighting Schematic design of concourse B. nonscheduled/on-demand air carriers building modification. Rehabilitate baggage information filing FAA Form 1800–31. Rehabilitate runway 11R/29L lighting display screens. Determination: Approved. Based on system. Rehabilitate internal circulation road information contained in the public Rehabilitate airfield markings. (tug road improvements). agency’s application, the FAA has Modify runway 11R/29L distance-to- PFC implementation and determined that the proposed class go signs. administrative costs. accounts for less than 1 percent of the Reconstruct terminal ramp—design. Decision Date: April 26, 2011. total annual enplanements at Los Reconstruct terminal ramp— FOR FURTHER INFORMATION CONTACT: Angeles International Airport. construction. Susan Moore, Orlando Airports District Brief Description of Project Partially Security equipment—fingerprinting Office, (407) 812–6331. Approved for Collection and Use: machine (replacement). Public Agency: Port of Portland, Lennox Schools soundproofing PFC Administrative costs. Portland, Oregon. program. Brief Description of Project Partially Application Number: 11–11–C–00– Determination: The FAA determined Approved for Collection and Use: PDX. that several components of the project Aircraft rescue and firefighting radio/ Application Type: Impose and use a were not PFC eligible in accordance crash phone system. PFC. with § 158.15(b). Specifically, the FAA Determination: The FAA determined PFC Level: $4.50. disapproved all soundproofing work that the proposed hand held radio Total PFC Revenue Approved in This associated with portable or relocatable equipment is not PFC eligible in Decision: $327,509,220. classrooms as well as soundproofing of accordance with § 158.15(b). Earliest Charge Effective Date: August several proposed rooms where activities Decision Date: April 20, 2011. 1, 2020. would not be disrupted by aircraft For Further Information Contact: Estimated Charge Expiration Date: noise. The FAA also disapproved the Gretchen Kelly, San Francisco Airports March 1, 2031. use of PFC revenue to replace existing

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34126 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

flooring with carpeting because Decision Date: May 5, 2011. Air taxi/commercial operators filing carpeting does not provide sound For Further Information Contact: FAA Form 1800–31. attenuation for aircraft noise. Finally, Andrew Brooks, New York Airports Determination: Approved. Based on the FAA disapproved design costs listed District Office, (516) 227–3816. information contained in the public in the detailed cost information Public Agency: Roanoke Regional agency’s application, the FAA has provided in the PFC application because Airport Commission, Roanoke, Virginia. determined that the proposed class the public agency did not include Application Number: 11–03–C–00– accounts for less than 1 percent of the design in its description and ROA. total annual enplanements at Lake justification of the project. Application Type: Impose and use a Charles Regional Airport. BRIEF DESCRIPTION OF PROJECT PFC. Brief Description of Projects Approved PARTIALLY APPROVED FOR PFC Level: $4.50. for Collection and Use: COLLECTION: Total PFC Revenue Approved in This Acquisition of airport training system. Lennox Schools soundproofing Decision: $2,191,701. Loading bridge baggage delivery program (future sites). Earliest Charge Effective Date: systems. Determination: The FAA determined November 1, 2011. Airport access road lighting that several components of the project Estimated Charge Expiration Date: improvements. were not PFC eligible in accordance January 1, 2013. Airfield fencing improvements. with § 158.15(b). Specifically, the FAA Class of Air Carriers Not Required To Professional fees. disapproved all soundproofing work Collect PFC’s: Decision Date: May 20, 2011. associated with relocatable classrooms. Carriers required to file FAA Form For Further Information Contact: The FAA also disapproved the use of 1800–31. Justin Barker, Louisiana/New Mexico PFC revenue to install flooring as a part Determination: Approved. Based on Airports Development Office, (817) 222– of the sound mitigation measures information contained in the public 5628. because flooring does not provide sound agency’s application, the FAA has Public Agency: City of Tyler, Texas. attenuation for aircraft noise. The FAA determined that the proposed class Application Number: 11–05–C–00– disapproved the line item identified as accounts for less than 1 percent of the TYR. ‘‘move management’’ as not being total annual enplanements at Roanoke Application Type: Impose and use a justified for this new construction. Regional Airport. PFC. Finally, the FAA disapproved design Brief Description of Projects Approved PFC Level: $4.50. costs listed in the detailed cost for Collection and Use: Total PFC Revenue Approved in This Noise mitigation program (65–69 information provided in the PFC Decision: $1,782,732. application because the public agency DNL) phases 5 through 8. Earliest Charge Effective Date: Rehabilitate apron (design and did not include design in its description October 1, 2011. construction) phase 2. and justification of the project. Estimated Charge Expiration Date: Update airport master plan. Decision Date: May 2, 2011. September 1, 2017. Rehabilitate runway 15/33—phase 3. Class of Air Carriers Not Required To FOR FURTHER INFORMATION CONTACT: Rehabilitate taxiways A and G—phase Collect PFC’s: None. Darlene Williams, Los Angeles Airports 3. District Office, (310) 725–3625. Rehabilitate taxiway T. Brief Description of Projects Approved Public Agency: County of Acquire aircraft rescue and for Collection and Use: Westchester, White Plains, New York. firefighting land. Construct service road. Application Number: 11–06–C–00– Remove obstructions in runway 15 Planning study—airport update. HPN. runway protection zone. Airfield lighting. Application Type: Impose and use a Acquire aircraft rescue and Aircraft rescue and firefighting truck. PFC. firefighting vehicle. Runway 13/31 safety area and PFC Level: $4.50. Acquire aircraft deicing equipment. visibility zone improvements. Total PFC Revenue Approved in This Acquire runway sweeper. Runway 4/22 safety area Decision: $8,000,000. PFC program formulation. improvements. Construct taxiway K. Earliest Charge Effective Date: Annual PFC administrative costs. Gates. October 1, 2011. Decision Date: May 16, 2011. Wildlife hazard assessments. Estimated Charge Expiration Date: FOR FURTHER INFORMATION CONTACT: Security fencing. August 1, 2013. Jeffrey Breeden, Washington Airports Install terminal flight information Class of Air Carriers Not Required To District Office, (703) 661–1363. display system. Collect PFC’s: Public Agency: Airport Authority Security improvements—finger print. Non-scheduled/on-demand air District Number 1 Calcasiu Parish, Lake PFC application and administration carriers, filing FAA Form 1800–31. Charles, Louisiana. fees. Determination: Approved. Based on Application Number: 11–03–C–00– Decision Date: May 20, 2011. information contained in the public LCH. For Further Information Contact: agency’s application, the FAA has Application Type: Impose and use a Guillermo Villalobos, Texas Airports determined that the proposed class PFC. Development Office, (817) 222–5657. accounts for less than 1 percent of the PFC Level: $4.50. Public Agency: St Joseph County total annual enplanements at Total PFC Revenue Approved in This Airport Authority, South Bend, Indiana. Westchester County Airport. Decision: $650,000. Application Number: 11–04–C–00– BRIEF DESCRIPTION OF PROJECT Earliest Charge Effective Date: SBN. APPROVED FOR COLLECTION AND November 1, 2013. Application Type: Impose and use a USE: Estimated Charge Expiration Date: PFC. Design and construction of September 1, 2015. PFC Level: $4.50. conveyance and disposal system for Class of Air Carriers Not Required To Total PEG Revenue Approved in This aircraft deicing fluid. Collect PFC’s: Decision: $6,000,000.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34127

Earliest Charge Effective Date: January Determination: Approved. Based on Terminal expansion. 1, 2021. information contained in the public Loading bridges. Estimated Charge Expiration Date: agency’s application, the FAA has Access control. July 1, 2029. determined that the proposed class Public seating. accounts for less than 1 percent of the Architectural services. Class of Air Carriers Not Required To total annual enplanements at South Decision Date: May 23, 2011. Collect PFC’s: Non-scheduled/on- Bend Regional Airport. For Further Information Contact: demand air carriers, filing FAA Form Brief Description of Projects Approved Gregory Sweeny, Chicago Airports 1800–31. for Collection and Use: District Office, (847) 294–7526.

AMENDMENT TO PFC APPROVALS

Amendment ap- Original ap- Amended ap- Original esti- Amended esti- Amendment No. proved proved net PFC proved net PFC mated charge mated charge

09–05–C–01–HPN White Plains, NY ...... 04/25/11 $18,000,000 $10,000,000 08/01/13 10/01/11 99–05–C–02–SBP San Luis Obispo, CA ...... 05/02/11 1,040,111 1,057,676 07/01/15 06/01/14 02–07–C–01–SBP San Luis Obispo, CA ...... 05/02/11 1,652,880 1,730,271 07/01/19 07/01/15 10–16–C–01–BNA Nashville, TN ...... 05/03/11 4,290,000 5,502,500 12/01/16 01/01/17 08–08–C–01–SMF Sacramento, CA ...... 05/12/11 603,497,524 676,588,317 02/01/28 11/01/34 03–05–C–01–EUG Eugene, OR ...... 05/18/11 2,032,935 2,518,402 07/01/05 06/01/06 06–08–C–01–EUG Eugene, OR ...... 05/18/11 2,645,000 2,633,131 05/01/09 07/01/09 *06–03–C–02–ABQ Albuquerque, NM ...... 05/19/11 68,885,899 78,203,803 07/01/16 10/01/17 04–08–C–04–RNO Reno, NV ...... 05/20/11 49,500,000 53,000,000 07/01/07 07/01/07

Notes: The amendment denoted by an System (FDMS) Docket No. FMCSA– page that appears after submitting asterisk (*) includes a change to the PFC 2011–0125 using any of the following comments on-line. level charged from $3.00 per enplaned methods: Privacy Act: Anyone may search the passenger to $4.50 per enplaned • Federal eRulemaking Portal: Go to electronic form of all comments passenger. For Albuquerque, NM, this http://www.regulations.gov. Follow the received into any of our dockets by the change is effective on July 1, 2011. on-line instructions for submitting name of the individual submitting the Issued in Washington, DC, on June 2, 2011. comments. comment (or of the person signing the • Mail: Docket Management Facility; Joe Hebert, comment, if submitted on behalf of an U.S. Department of Transportation, 1200 association, business, labor union, etc.). Manager, Financial Analysis and Passenger New Jersey Avenue, SE., West Building Facility Charge Branch. You may review DOT’s Privacy Act Ground Floor, Room W12–140, Statement for the FDMS published in [FR Doc. 2011–14372 Filed 6–9–11; 8:45 am] Washington, DC 20590–0001. • the Federal Register on January 17, BILLING CODE 4910–13–M Hand Delivery: West Building 2008 (73 FR 3316), or you may visit Ground Floor, Room W12–140, 1200 http://edocket.access.gpo.gov/2008/pdf/ New Jersey Avenue, SE., Washington, E8–785.pdf. DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday FOR FURTHER INFORMATION CONTACT: through Friday, except Federal Dr. Federal Motor Carrier Safety Holidays. Mary D. Gunnels, Director, Medical Administration • Fax: 1–202–493–2251. Programs, (202) 366–4001, [Docket No. FMCSA–2011–0125] Instructions: Each submission must [email protected], FMCSA, include the Agency name and the Department of Transportation, 1200 Qualification of Drivers; Exemption docket numbers for this notice. Note New Jersey Avenue, SE., Room W64– Applications; Diabetes Mellitus that all comments received will be 224, Washington, DC 20590–0001. posted without change to http:// Office hours are from 8:30 a.m. to 5 AGENCY: Federal Motor Carrier Safety www.regulations.gov, including any p.m., Monday through Friday, except Administration (FMCSA). personal information provided. Please Federal holidays. ACTION: Notice of applications for see the Privacy Act heading below for SUPPLEMENTARY INFORMATION: exemption from the diabetes mellitus further information. standard; request for comments. Docket: For access to the docket to Background read background documents or Under 49 U.S.C. 31136(e) and 31315, SUMMARY: FMCSA announces receipt of applications from 15 individuals for comments, go to http:// FMCSA may grant an exemption from exemption from the prohibition against www.regulations.gov at any time or the Federal Motor Carrier Safety persons with insulin-treated diabetes Room W12–140 on the ground level of Regulations for a 2-year period if it finds ‘‘ mellitus (ITDM) operating commercial the West Building, 1200 New Jersey such exemption would likely achieve a motor vehicles (CMVs) in interstate Avenue, SE., Washington, DC, between level of safety that is equivalent to, or commerce. If granted, the exemptions 9 a.m. and 5 p.m., Monday through greater than, the level that would be ’’ would enable these individuals with Friday, except Federal holidays. The achieved absent such exemption. The ITDM to operate CMVs in interstate Federal Docket Management System statute also allows the Agency to renew commerce. (FDMS) is available 24 hours each day, exemptions at the end of the 2-year 365 days each year. If you want period. The 15 individuals listed in this DATES: Comments must be received on acknowledgment that we received your notice have recently requested such an or before July 11, 2011. comments, please include a self- exemption from the diabetes prohibition ADDRESSES: You may submit comments addressed, stamped envelope or in 49 CFR 391.41(b) (3), which applies bearing the Federal Docket Management postcard or print the acknowledgement to drivers of CMVs in interstate

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34128 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

commerce. Accordingly, the Agency years. Her endocrinologist certifies that past 12 months and no recurrent (2 or will evaluate the qualifications of each Ms. Farrell understands diabetes more) severe hypoglycemic episodes in applicant to determine whether granting management and monitoring, has stable the last 5 years. His endocrinologist the exemption will achieve the required control of her diabetes using insulin, certifies that Mr. Kohl understands level of safety mandated by the statutes. and is able to drive a CMV safely. Ms. diabetes management and monitoring, Farrell meets the requirements of the has stable control of his diabetes using Qualifications of Applicants vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV Richard A. Bosma Her ophthalmologist examined her in safely. Mr. Kohl meets the requirements 2011 and certified that she does not of the vision standard at 49 CFR Mr. Bosma, age 56, has had ITDM have diabetic retinopathy. She holds a 391.41(b)(10). His optometrist examined since 2007. His endocrinologist Class A CDL from Washington. him in 2011 and certified that he does examined him in 2010 and certified that not have diabetic retinopathy. He holds he has had no severe hypoglycemic Tony D. Gayles a Class B CDL from Iowa. reactions resulting in loss of Mr. Gayles, 50, has had ITDM since consciousness, requiring the assistance 2010. His endocrinologist examined him Clayton K. Lichtenberger of another person, or resulting in in 2011 and certified that he has had no Mr. Lichtenberger, 61, has had ITDM impaired cognitive function that severe hypoglycemic reactions resulting since 2010. His endocrinologist occurred without warning in the past 12 in loss of consciousness, requiring the examined him in 2011 and certified that months and no recurrent (2 or more) assistance of another person, or he has had no severe hypoglycemic severe hypoglycemic episodes in the resulting in impaired cognitive function reactions resulting in loss of last 5 years. His endocrinologist certifies that occurred without warning in the consciousness, requiring the assistance that Mr. Bosma understands diabetes past 12 months and no recurrent (2 or of another person, or resulting in management and monitoring, has stable more) severe hypoglycemic episodes in impaired cognitive function that control of his diabetes using insulin, the last 5 years. His endocrinologist occurred without warning in the past 12 and is able to drive a CMV safely. Mr. certifies that Mr. Gayles understands months and no recurrent (2 or more) Bosma meets the requirements of the diabetes management and monitoring, severe hypoglycemic episodes in the vision standard at 49 CFR 391.41(b)(10). has stable control of his diabetes using last 5 years. His endocrinologist certifies His optometrist examined him in 2010 insulin, and is able to drive a CMV that Mr. Lichtenberger understands and certified that he does not have safely. Mr. Gayles meets the diabetes management and monitoring, diabetic retinopathy. He holds a Class A requirements of the vision standard at has stable control of his diabetes using Commercial Drivers License from 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV Illinois. ophthalmologist examined him in 2010 safely. Mr. Lichtenberger meets the Ronnie E. Combs, Jr. and certified that he does not have requirements of the vision standard at diabetic retinopathy. He holds a Class D 49 CFR 391.41(b)(10). His optometrist Mr. Combs, 48, has had ITDM since operator’s license from Kentucky. examined him in 2010 and certified that 2010. His endocrinologist examined him he does not have diabetic retinopathy. Dennis E. Hoffman in 2011 and certified that he has had no He holds a Class B CDL from Oklahoma. severe hypoglycemic reactions resulting Mr. Hoffman, 63, has had ITDM since in loss of consciousness, requiring the 2010. His endocrinologist examined him Steven C. Mulder assistance of another person, or in 2010 and certified that he has had no Mr. Mulder, 31, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 1984. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2011 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Combs understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last 5 years. His endocrinologist past 12 months and no recurrent (2 or insulin, and is able to drive a CMV certifies that Mr. Hoffman understands more) severe hypoglycemic episodes in safely. Mr. Combs meets the diabetes management and monitoring, the last 5 years. His endocrinologist requirements of the vision standard at has stable control of his diabetes using certifies that Mr. Mulder understands 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV diabetes management and monitoring, ophthalmologist examined him in 2011 safely. Mr. Hoffman meets the has stable control of his diabetes using and certified that he does not have requirements of the vision standard at insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist safely. Mr. Mulder meets the CDL from Kentucky. examined him in 2011 and certified that requirements of the vision standard at Barbara A. Farrell he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His He holds a Class B CDL from ophthalmologist examined him in 2010 Ms. Farrell, 42, has had ITDM since Pennsylvania. and certified that he does not have 1998. Her endocrinologist examined her diabetic retinopathy. He holds a Class C Joshua D. Kohl in 2011 and certified that she has had operator’s license from Illinois. no severe hypoglycemic reactions Mr. Kohl, 28, has had ITDM since resulting in loss of consciousness, 2005. His endocrinologist examined him Judah A. Nell requiring the assistance of another in 2011 and certified that he has had no Mr. Nell, 23, has had ITDM since person, or resulting in impaired severe hypoglycemic reactions resulting 1992. His endocrinologist examined him cognitive function that occurred without in loss of consciousness, requiring the in 2011 and certified that he has had no warning in the past 12 months and no assistance of another person, or severe hypoglycemic reactions resulting recurrent (2 or more) severe resulting in impaired cognitive function in loss of consciousness, requiring the hypoglycemic episodes in the last 5 that occurred without warning in the assistance of another person, or

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34129

resulting in impaired cognitive function severe hypoglycemic reactions resulting Alfred S. Zaldana that occurred without warning in the in loss of consciousness, requiring the Mr. Zaldana, 46, has had ITDM since past 12 months and no recurrent (2 or assistance of another person, or 2010. His endocrinologist examined him more) severe hypoglycemic episodes in resulting in impaired cognitive function in 2011 and certified that he has had no the last 5 years. His endocrinologist that occurred without warning in the severe hypoglycemic reactions resulting certifies that Mr. Nell understands past 12 months and no recurrent (2 or in loss of consciousness, requiring the diabetes management and monitoring, more) severe hypoglycemic episodes in assistance of another person, or has stable control of his diabetes using the last 5 years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Thomas understands that occurred without warning in the safely. Mr. Nell meets the requirements diabetes management and monitoring, past 12 months and no recurrent (2 or of the vision standard at 49 CFR has stable control of his diabetes using more) severe hypoglycemic episodes in 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV the last 5 years. His endocrinologist him in 2011 and certified that he does safely. Mr. Thomas meets the certifies that Mr. Zaldana understands not have diabetic retinopathy. He holds requirements of the vision standard at diabetes management and monitoring, a Class C operator’s license from 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using Pennsylvania. examined him in 2010 and certified that insulin, and is able to drive a CMV he does not have diabetic retinopathy. Ronald A. Sherwood safely. Mr. Zaldana meets the He holds a Class A CDL from New York. Mr. Sherwood, 54, has had ITDM requirements of the vision standard at since 1993. His endocrinologist Douglas E. Walter 49 CFR 391.41(b)(10). His examined him in 2011 and certified that Mr. Walter, 59, has had ITDM since ophthalmologist examined him in 2011 he has had no severe hypoglycemic 2010. His endocrinologist examined him and certified that he does not have reactions resulting in loss of in 2011 and certified that he has had no diabetic retinopathy. He holds a Class C consciousness, requiring the assistance severe hypoglycemic reactions resulting operator’s license from California. of another person, or resulting in in loss of consciousness, requiring the Request for Comments impaired cognitive function that assistance of another person, or occurred without warning in the past 12 resulting in impaired cognitive function In accordance with 49 U.S.C. 31136(e) months and no recurrent (2 or more) that occurred without warning in the and 31315, FMCSA requests public severe hypoglycemic episodes in the past 12 months and no recurrent (2 or comment from all interested persons on last 5 years. His endocrinologist certifies more) severe hypoglycemic episodes in the exemption petitions described in that Mr. Sherwood understands diabetes the last 5 years. His endocrinologist this notice. We will consider all management and monitoring, has stable certifies that Mr. Walter understands comments received before the close of control of his diabetes using insulin, diabetes management and monitoring, business on the closing date indicated and is able to drive a CMV safely. Mr. has stable control of his diabetes using in the date section of the notice. FMCSA notes that section 4129 of the Sherwood meets the requirements of the insulin, and is able to drive a CMV Safe, Accountable, Flexible and vision standard at 49 CFR 391.41(b)(10). safely. Mr. Walter meets the Efficient Transportation Equity Act: A His optometrist examined him in 2011 requirements of the vision standard at Legacy for Users requires the Secretary and certified that he does not have 49 CFR 391.41(b)(10). His optometrist to revise its diabetes exemption program diabetic retinopathy. He holds a examined him in 2010 and certified that established on September 3, 2003 (68 FR chauffeur license from Indiana. he does not have diabetic retinopathy. He holds a Class A CDL from 52441). 1 The revision must provide for John A. Svedics Washington. individual assessment of drivers with Mr. Svedics, 35, has had ITDM since diabetes mellitus, and be consistent Peter J. Wasko 1980. His endocrinologist examined him with the criteria described in section in 2010 and certified that he has had no Mr. Wasko, 35, has had ITDM since 4018 of the Transportation Equity Act severe hypoglycemic reactions resulting 1983. His endocrinologist examined him for the 21st Century (49 U.S.C. 31305). in loss of consciousness, requiring the in 2011 and certified that he has had no Section 4129 requires: (1) Elimination assistance of another person, or severe hypoglycemic reactions resulting of the requirement for 3 years of resulting in impaired cognitive function in loss of consciousness, requiring the experience operating CMVs while being that occurred without warning in the assistance of another person, or treated with insulin; and (2) past 12 months and no recurrent (2 or resulting in impaired cognitive function establishment of a specified minimum more) severe hypoglycemic episodes in that occurred without warning in the period of insulin use to demonstrate the last 5 years. His endocrinologist past 12 months and no recurrent (2 or stable control of diabetes before being certifies that Mr. Svedics understands more) severe hypoglycemic episodes in allowed to operate a CMV. diabetes management and monitoring, the last 5 years. His endocrinologist In response to section 4129, FMCSA has stable control of his diabetes using certifies that Mr. Wasko understands made immediate revisions to the insulin, and is able to drive a CMV diabetes management and monitoring, diabetes exemption program established safely. Mr. Svedics meets the has stable control of his diabetes using by the September 3, 2003 notice. requirements of the vision standard at insulin, and is able to drive a CMV FMCSA discontinued use of the 3-year 49 CFR 391.41(b)(10). His safely. Mr. Wasko meets the driving experience and fulfilled the ophthalmologist examined him in 2011 requirements of the vision standard at requirements of section 4129 while and certified that he does not have 49 CFR 391.41(b)(10). His continuing to ensure that operation of diabetic retinopathy. He holds a Class A ophthalmologist examined him in 2011 CMVs by drivers with ITDM will CDL from New York. and certified that he has stable achieve the requisite level of safety proliferative retinopathy in the right eye Vincent H. Thomas, Jr. and stable nonproliferative diabetic 1 Section 4129(a) refers to the 2003 notice as a ‘‘final rule.’’ However, the 2003 notice did not issue Mr. Thomas, 51, has had ITDM since retinopathy in the left eye. He holds a a ‘‘final rule’’ but did establish the procedures and 2010. His endocrinologist examined him Class C operator’s license from standards for issuing exemptions for drivers with in 2011 and certified that he has had no Pennsylvania. ITDM.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34130 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

required of all exemptions granted • Hand Delivery: West Building statute also allows the Agency to renew under 49 U.S.C. 31136 (e). Ground Floor, Room W12–140, 1200 exemptions at the end of the 2-year Section 4129(d) also directed FMCSA New Jersey Avenue, SE., Washington, period. The 23 individuals listed in this to ensure that drivers of CMVs with DC, between 9 a.m. and 5 p.m., Monday notice have recently requested such an ITDM are not held to a higher standard through Friday, except Federal exemption from the diabetes prohibition than other drivers, with the exception of Holidays. in 49 CFR 391.41(b) (3), which applies limited operating, monitoring and • Fax: 1–202–493–2251. to drivers of CMVs in interstate medical requirements that are deemed Instructions: Each submission must commerce. Accordingly, the Agency medically necessary. The FMCSA include the Agency name and the will evaluate the qualifications of each concluded that all of the operating, docket numbers for this notice. Note applicant to determine whether granting monitoring and medical requirements that all comments received will be the exemption will achieve the required set out in the September 3, 2003 notice, posted without change to http:// level of safety mandated by the statutes. except as modified, were in compliance www.regulations.gov, including any Qualifications of Applicants with section 4129(d). Therefore, all of personal information provided. Please the requirements set out in the see the Privacy Act heading below for Edwin K. Anderson September 3, 2003 notice, except as further information. Mr. Anderson, age 59, has had ITDM Docket: For access to the docket to modified by the notice in the Federal since 2007. His endocrinologist read background documents or Register on November 8, 2005 (70 FR examined him in 2011 and certified that comments, go to http:// 67777), remain in effect. he has had no severe hypoglycemic www.regulations.gov at any time or Issued on: June 2, 2011. reactions resulting in loss of Room W12–140 on the ground level of Larry W. Minor, consciousness, requiring the assistance the West Building, 1200 New Jersey of another person, or resulting in Associate Administrator for Policy. Avenue, SE., Washington, DC, between impaired cognitive function that [FR Doc. 2011–14462 Filed 6–9–11; 8:45 am] 9 a.m. and 5 p.m., Monday through occurred without warning in the past 12 BILLING CODE P Friday, except Federal holidays. The months and no recurrent (2 or more) Federal Docket Management System severe hypoglycemic episodes in the (FDMS) is available 24 hours each day, last 5 years. His endocrinologist certifies DEPARTMENT OF TRANSPORTATION 365 days each year. If you want that Mr. Anderson understands diabetes acknowledgment that we received your Federal Motor Carrier Safety management and monitoring, has stable comments, please include a self- Administration control of his diabetes using insulin, addressed, stamped envelope or and is able to drive a Commercial Motor postcard or print the acknowledgement [Docket No. FMCSA–2011–0144] Vehicle (CMV) safely. Mr. Anderson page that appears after submitting meets the requirements of the vision comments on-line. Qualification of Drivers; Exemption standard at 49 CFR 391.41(b)(10). His Privacy Act: Anyone may search the Applications; Diabetes Mellitus optometrist examined him in 2011 and electronic form of all comments certified that he does not have diabetic AGENCY: Federal Motor Carrier Safety received into any of our dockets by the retinopathy. He holds a Class A Administration (FMCSA). name of the individual submitting the Commercial Driver’s License (CDL) from ACTION: Notice of applications for comment (or of the person signing the Wisconsin. exemption from the diabetes mellitus comment, if submitted on behalf of an standard; request for comments. association, business, labor union, etc.). Albert E. Bankier You may review DOT’s Privacy Act Mr. Bankier, 60, has had ITDM since SUMMARY: FMCSA announces receipt of Statement for the FDMS published in applications from 23 individuals for 2005. His endocrinologist examined him the Federal Register on January 17, in 2011 and certified that he has had no exemption from the prohibition against 2008 (73 FR 3316), or you may visit persons with insulin-treated diabetes severe hypoglycemic reactions resulting http://edocket.access.gpo.gov/2008/pdf/ in loss of consciousness, requiring the mellitus (ITDM) operating commercial E8–785.pdf. motor vehicles (CMVs) in interstate assistance of another person, or FOR FURTHER INFORMATION CONTACT: commerce. If granted, the exemptions resulting in impaired cognitive function Elaine M. Papp, Chief, Medical would enable these individuals with that occurred without warning in the Programs, (202) 366–4001, ITDM to operate CMVs in interstate past 12 months and no recurrent (2 or [email protected], FMCSA, commerce. more) severe hypoglycemic episodes in Department of Transportation, 1200 the last 5 years. His endocrinologist DATES: Comments must be received on New Jersey Avenue, SE., Room W64– certifies that Mr. Bankier understands or before July 11, 2011. 224, Washington, DC 20590–0001. diabetes management and monitoring, ADDRESSES: You may submit comments Office hours are from 8:30 a.m. to 5 has stable control of his diabetes using bearing the Federal Docket Management p.m., Monday through Friday, except insulin, and is able to drive a CMV System (FDMS) Docket No. FMCSA– Federal holidays. safely. Mr. Bankier meets the 2011–0144 using any of the following SUPPLEMENTARY INFORMATION: requirements of the vision standard at methods: 49 CFR 391.41(b)(10). His Background • Federal eRulemaking Portal: Go to ophthalmologist examined him in 2011 http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, and certified that he does not have on-line instructions for submitting FMCSA may grant an exemption from diabetic retinopathy. He holds a Class B comments. the Federal Motor Carrier Safety CDL from Ohio. • Mail: Docket Management Facility; Regulations for a 2-year period if it finds U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a Justin C. Brewer New Jersey Avenue, SE., West Building level of safety that is equivalent to, or Mr. Brewer, 26, has had ITDM since Ground Floor, Room W12–140, greater than, the level that would be 2008. His endocrinologist examined him Washington, DC 20590–0001. achieved absent such exemption.’’ The in 2010 and certified that he has had no

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34131

severe hypoglycemic reactions resulting Donald E. Flicek ophthalmologist examined him in 2011 in loss of consciousness, requiring the Mr. Flicek, 67, has had ITDM for 3 and certified that he has stable assistance of another person, or years. His endocrinologist examined nonproliferative diabetic retinopathy. resulting in impaired cognitive function him in 2011 and certified that he has He holds a Class B CDL from California. that occurred without warning in the had no severe hypoglycemic reactions Vernon A. Grimmett past 12 months and no recurrent (2 or resulting in loss of consciousness, Mr. Grimmett, 45, has had ITDM since more) severe hypoglycemic episodes in requiring the assistance of another the last 5 years. His endocrinologist 2008. His endocrinologist examined him person, or resulting in impaired in 2010 and certified that he has had no certifies that Mr. Brewer understands cognitive function that occurred without diabetes management and monitoring, severe hypoglycemic reactions resulting warning in the past 12 months and no in loss of consciousness, requiring the has stable control of his diabetes using recurrent (2 or more) severe insulin, and is able to drive a CMV assistance of another person, or hypoglycemic episodes in the last 5 resulting in impaired cognitive function safely. Mr. Brewer meets the years. His endocrinologist certifies that requirements of the vision standard at that occurred without warning in the Mr. Flicek understands diabetes past 12 months and no recurrent (2 or 49 CFR 391.41(b)(10). His management and monitoring, has stable more) severe hypoglycemic episodes in ophthalmologist examined him in 2010 control of his diabetes using insulin, the last 5 years. His endocrinologist and certified that he does not have and is able to drive a CMV safely. Mr. certifies that Mr. Grimmett understands diabetic retinopathy. He holds a Class B Flicek meets the requirements of the diabetes management and monitoring, CDL from New York. vision standard at 49 CFR 391.41(b)(10). has stable control of his diabetes using Paul H. Burroughs His optometrist examined him in 2010 insulin, and is able to drive a CMV and certified that he does not have safely. Mr. Grimmett meets the Mr. Burroughs, 44, has had ITDM diabetic retinopathy. He holds a Class A requirements of the vision standard at since 2007. His endocrinologist CDL from Minnesota. 49 CFR 391.41(b)(10). His examined him in 2011 and certified that Ronald J. Gasper ophthalmologist examined him in 2011 he has had no severe hypoglycemic and certified that he does not have reactions resulting in loss of Mr. Gasper, 41, has had ITDM since diabetic retinopathy. He holds a Class B consciousness, requiring the assistance 2011. His endocrinologist examined him CDL from Missouri. of another person, or resulting in in 2011 and certified that he has had no Rodney T. Harper impaired cognitive function that severe hypoglycemic reactions resulting occurred without warning in the past 12 in loss of consciousness, requiring the Mr. Harper, 61, has had ITDM since months and no recurrent (2 or more) assistance of another person, or 2011. His endocrinologist examined him severe hypoglycemic episodes in the resulting in impaired cognitive function in 2011 and certified that he has had no last 5 years. His endocrinologist certifies that occurred without warning in the severe hypoglycemic reactions resulting that Mr. Burroughs understands past 12 months and no recurrent (2 or in loss of consciousness, requiring the diabetes management and monitoring, more) severe hypoglycemic episodes in assistance of another person, or has stable control of his diabetes using the last 5 years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Gasper understands that occurred without warning in the safely. Mr. Burroughs meets the diabetes management and monitoring, past 12 months and no recurrent (2 or requirements of the vision standard at has stable control of his diabetes using more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV the last 5 years. His endocrinologist examined him in 2011 and certified that safely. Mr. Gasper meets the certifies that Mr. Harper understands he does not have diabetic retinopathy. requirements of the vision standard at diabetes management and monitoring, He holds a Class D operator’s license 49 CFR 391.41(b)(10). His has stable control of his diabetes using from Vermont. ophthalmologist examined him in 2011 insulin, and is able to drive a CMV and certified that he has stable safely. Mr. Harper meets the Roger W. Carr nonproliferative diabetic retinopathy. requirements of the vision standard at He holds a Class A CDL from South 49 CFR 391.41(b)(10). His optometrist Mr. Carr, 43, has had ITDM since Dakota. examined him in 2011 and certified that 2011. His endocrinologist examined him David M. Gastelum he does not have diabetic retinopathy. in 2011 and certified that he has had no He holds a Class A CDL from Utah. severe hypoglycemic reactions resulting Mr. Gastelum, 59, has had ITDM since in loss of consciousness, requiring the 2011. His endocrinologist examined him Stanley Ingram assistance of another person, or in 2011 and certified that he has had no Mr. Ingram, 53, has had ITDM for resulting in impaired cognitive function severe hypoglycemic reactions resulting greater than 10 years. His that occurred without warning in the in loss of consciousness, requiring the endocrinologist examined him in 2010 past 12 months and no recurrent (2 or assistance of another person, or and certified that he has had no severe more) severe hypoglycemic episodes in resulting in impaired cognitive function hypoglycemic reactions resulting in loss the last 5 years. His endocrinologist that occurred without warning in the of consciousness, requiring the certifies that Mr. Carr understands past 12 months and no recurrent (2 or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last 5 years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Gastelum understands past 12 months and no recurrent (2 or safely. Mr. Carr meets the requirements diabetes management and monitoring, more) severe hypoglycemic episodes in of the vision standard at 49 CFR has stable control of his diabetes using the last 5 years. His endocrinologist 391.41(b)(10). His ophthalmologist insulin, and is able to drive a CMV certifies that Mr. Ingram understands examined him in 2011 and certified that safely. Mr. Gastelum meets the diabetes management and monitoring, he does not have diabetic retinopathy. requirements of the vision standard at has stable control of his diabetes using He holds a Class A CDL from Maryland. 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34132 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

safely. Mr. Ingram meets the and is able to drive a CMV safely. Mr. diabetes management and monitoring, requirements of the vision standard at Pellegrino meets the requirements of the has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV examined him in 2010 and certified that His ophthalmologist examined him in safely. Mr. Radel meets the he does not have diabetic retinopathy. 2010 and certified that he does not have requirements of the vision standard at He holds a Class A CDL from Tennessee. diabetic retinopathy. He holds a Class D 49 CFR 391.41(b)(10). His operator’s license from New Jersey. ophthalmologist examined him in 2011 Rondal W. Kennedy and certified that he does not have Gregg O. Price Mr. Kennedy, 51, has had ITDM since diabetic retinopathy. He holds a Class B 1998. His endocrinologist examined him Mr. Price, 65, has had ITDM since CDL from Pennsylvania. in 2010 and certified that he has had no 2007. His endocrinologist examined him severe hypoglycemic reactions resulting in 2011 and certified that he has had no Ray J. Stein in loss of consciousness, requiring the severe hypoglycemic reactions resulting Mr. Stein, 79, has had ITDM since assistance of another person, or in loss of consciousness, requiring the 2009. His endocrinologist examined him resulting in impaired cognitive function assistance of another person, or in 2011 and certified that he has had no that occurred without warning in the resulting in impaired cognitive function severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or that occurred without warning in the in loss of consciousness, requiring the more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or assistance of another person, or the last 5 years. His endocrinologist more) severe hypoglycemic episodes in resulting in impaired cognitive function certifies that Mr. Kennedy understands the last 5 years. His endocrinologist that occurred without warning in the diabetes management and monitoring, certifies that Mr. Price understands past 12 months and no recurrent (2 or has stable control of his diabetes using diabetes management and monitoring, more) severe hypoglycemic episodes in insulin, and is able to drive a CMV has stable control of his diabetes using the last 5 years. His endocrinologist safely. Mr. Kennedy meets the insulin, and is able to drive a CMV certifies that Mr. Stein understands requirements of the vision standard at safely. Mr. Price meets the requirements diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist of the vision standard at 49 CFR has stable control of his diabetes using examined him in 2011 and certified that 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV he does not have diabetic retinopathy. him in 2011 and certified that he does safely. Mr. Stein meets the requirements He holds a Class A CDL from Kentucky. not have diabetic retinopathy. He holds of the vision standard at 49 CFR a Class A CDL from Mississippi. 391.41(b)(10). His optometrist examined Jerry W. Miller him in 2011 and certified that he does Gary D. Pugliese Mr. Miller, 56, has had ITDM since not have diabetic retinopathy. He holds 2010. His endocrinologist examined him Mr. Pugliese, 55, has had ITDM since a Class B CDL from Indiana. in 2011 and certified that he has had no 2003. His endocrinologist examined him severe hypoglycemic reactions resulting in 2011 and certified that he has had no Vladimir V. Tayts in loss of consciousness, requiring the severe hypoglycemic reactions resulting Mr. Tayts, 41, has had ITDM since assistance of another person, or in loss of consciousness, requiring the 2000. His endocrinologist examined him resulting in impaired cognitive function assistance of another person, or in 2011 and certified that he has had no that occurred without warning in the resulting in impaired cognitive function severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or that occurred without warning in the in loss of consciousness, requiring the more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or assistance of another person, or the last 5 years. His endocrinologist more) severe hypoglycemic episodes in resulting in impaired cognitive function certifies that Mr. Miller understands the last 5 years. His endocrinologist that occurred without warning in the diabetes management and monitoring, certifies that Mr. Pugliese understands past 12 months and no recurrent (2 or has stable control of his diabetes using diabetes management and monitoring, more) severe hypoglycemic episodes in insulin, and is able to drive a CMV has stable control of his diabetes using the last 5 years. His endocrinologist safely. Mr. Miller meets the insulin, and is able to drive a CMV certifies that Mr. Tayts understands requirements of the vision standard at safely. Mr. Pugliese meets the diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at has stable control of his diabetes using examined him in 2011 and certified that 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV he does not have diabetic retinopathy. ophthalmologist examined him in 2011 safely. Mr. Tayts meets the requirements He holds a Class A CDL from Virginia. and certified that he has stable of the vision standard at 49 CFR nonproliferative diabetic retinopathy. 391.41(b)(10). His ophthalmologist Richard G. Pellegrino He holds a Class A CDL from New examined him in 2011 and certified that Mr. Pellegrino, 58, has had ITDM Jersey. he does not have diabetic retinopathy. since 2009. His endocrinologist He holds a Class C operator’s license Jeffrey A. Radel examined him in 2011 and certified that from Pennsylvania. he has had no severe hypoglycemic Mr. Radel, 37, has had ITDM since reactions resulting in loss of 1992. His endocrinologist examined him Jady R. Tengs consciousness, requiring the assistance in 2011 and certified that he has had no Mr. Tengs, 37, has had ITDM since of another person, or resulting in severe hypoglycemic reactions resulting 2009. His endocrinologist examined him impaired cognitive function that in loss of consciousness, requiring the in 2011 and certified that he has had no occurred without warning in the past 12 assistance of another person, or severe hypoglycemic reactions resulting months and no recurrent (2 or more) resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic episodes in the that occurred without warning in the assistance of another person, or last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or resulting in impaired cognitive function that Mr. Pellegrino understands diabetes more) severe hypoglycemic episodes in that occurred without warning in the management and monitoring, has stable the last 5 years. His endocrinologist past 12 months and no recurrent (2 or control of his diabetes using insulin, certifies that Mr. Radel understands more) severe hypoglycemic episodes in

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34133

the last 5 years. His endocrinologist assistance of another person, or medically necessary. The FMCSA certifies that Mr. Tengs understands resulting in impaired cognitive function concluded that all of the operating, diabetes management and monitoring, that occurred without warning in the monitoring and medical requirements has stable control of his diabetes using past 12 months and no recurrent (2 or set out in the September 3, 2003 notice, insulin, and is able to drive a CMV more) severe hypoglycemic episodes in except as modified, were in compliance safely. Mr. Tengs meets the the last 5 years. His endocrinologist with section 4129(d). Therefore, all of requirements of the vision standard at certifies that Mr. Tiller understands the requirements set out in the 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, September 3, 2003 notice, except as examined him in 2011 and certified that has stable control of his diabetes using modified by the notice in the Federal he does not have diabetic retinopathy. insulin, and is able to drive a CMV Register on November 8, 2005 (70 FR He holds a Class A CDL from Idaho. safely. Mr. Tiller meets the requirements 67777), remain in effect. of the vision standard at 49 CFR Carl J. Thompson Issued on: June 7, 2011. 391.41(b)(10). His ophthalmologist Mr. Thompson, 34, has had ITDM examined him in 2011 and certified that Larry W. Minor, since 2007. His endocrinologist he does not have diabetic retinopathy. Associate Administrator of Policy. examined him in 2011 and certified that He holds a Class A CDL from Oregon. [FR Doc. 2011–14459 Filed 6–9–11; 8:45 am] he has had no severe hypoglycemic BILLING CODE P reactions resulting in loss of Request for Comments consciousness, requiring the assistance In accordance with 49 U.S.C. 31136(e) of another person, or resulting in and 31315, FMCSA requests public DEPARTMENT OF TRANSPORTATION impaired cognitive function that comment from all interested persons on occurred without warning in the past 12 the exemption petitions described in Federal Motor Carrier Safety months and no recurrent (2 or more) this notice. We will consider all Administration severe hypoglycemic episodes in the comments received before the close of [Docket No. FMCSA–2000–8398; FMCSA– last 5 years. His endocrinologist certifies business on the closing date indicated 2001–9258; FMCSA–2003–14223; FMCSA– that Mr. Thompson understands in the date section of the notice. 2005–20027; FMCSA–2005–20560; FMCSA– diabetes management and monitoring, FMCSA notes that section 4129 of the 2009–0086] has stable control of his diabetes using Safe, Accountable, Flexible and insulin, and is able to drive a CMV Efficient Transportation Equity Act: A Qualification of Drivers; Exemption safely. Mr. Thompson meets the Legacy for Users requires the Secretary Applications; Vision requirements of the vision standard at to revise its diabetes exemption program AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(10). His optometrist established on September 3, 2003 (68 FR Administration (FMCSA), DOT. 52441).1 The revision must provide for examined him in 2011 and certified that ACTION: individual assessment of drivers with Notice of renewal of he does not have diabetic retinopathy. exemptions; request for comments. He holds a Class B CDL from Indiana. diabetes mellitus, and be consistent with the criteria described in section Dennis M. Thorne SUMMARY: FMCSA announces its 4018 of the Transportation Equity Act decision to renew the exemptions from Mr. Thorne, 59, has had ITDM since for the 21st Century (49 U.S.C. 31305). the vision requirement in the Federal 1978. His endocrinologist examined him Section 4129 requires: (1) elimination Motor Carrier Safety Regulations for 6 in 2011 and certified that he has had no of the requirement for 3 years of individuals. FMCSA has statutory severe hypoglycemic reactions resulting experience operating CMVs while being authority to exempt individuals from in loss of consciousness, requiring the treated with insulin; and (2) the vision requirement if the assistance of another person, or establishment of a specified minimum exemptions granted will not resulting in impaired cognitive function period of insulin use to demonstrate compromise safety. The Agency has stable control of diabetes before being that occurred without warning in the concluded that granting these allowed to operate a CMV. past 12 months and no recurrent (2 or exemption renewals will provide a level In response to section 4129, FMCSA more) severe hypoglycemic episodes in of safety that is equivalent to, or greater the last 5 years. His endocrinologist made immediate revisions to the diabetes exemption program established than, the level of safety maintained certifies that Mr. Thorne understands without the exemptions for these diabetes management and monitoring, by the September 3, 2003 notice. FMCSA discontinued use of the 3-year commercial motor vehicle (CMV) has stable control of his diabetes using drivers. insulin, and is able to drive a CMV driving experience and fulfilled the safely. Mr. Thorne meets the requirements of section 4129 while DATES: This decision is effective June requirements of the vision standard at continuing to ensure that operation of 30, 2011. Comments must be received 49 CFR 391.41(b)(10). His CMVs by drivers with ITDM will on or before July 11, 2011. ophthalmologist examined him in 2011 achieve the requisite level of safety ADDRESSES: You may submit comments and certified that he has stable required of all exemptions granted bearing the Federal Docket Management proliferative diabetic retinopathy and under 49 U.S.C. 31136(e). System (FDMS) numbers: FMCSA– stable nonproliferative diabetic Section 4129(d) also directed FMCSA 2000–8398; FMCSA–2001–9258; retinopathy in his right and left eye, to ensure that drivers of CMVs with FMCSA–2003–14223; FMCSA–2005– respectively. He holds a Class A CDL ITDM are not held to a higher standard 20027; FMCSA–2005–20560; FMCSA– from Washington. than other drivers, with the exception of 2009–0086, using any of the following limited operating, monitoring and methods: Hobert K. Tiller medical requirements that are deemed • Federal eRulemaking Portal: Go to Mr. Tiller, 56, has had ITDM since http://www.regulations.gov. Follow the 2010. His endocrinologist examined him 1 Section 4129(a) refers to the 2003 notice as a on-line instructions for submitting in 2010 and certified that he has had no ‘‘final rule.’’ However, the 2003 notice did not issue comments. a ‘‘final rule’’ but did establish the procedures and • severe hypoglycemic reactions resulting standards for issuing exemptions for drivers with Mail: Docket Management Facility; in loss of consciousness, requiring the ITDM. U.S. Department of Transportation, 1200

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34134 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

New Jersey Avenue, SE., West Building two-year period if it finds ‘‘such 35772; 70 FR 2701; 70 FR 16886; 70 FR Ground Floor, Room W12–140, exemption would likely achieve a level 16887; 70 FR 17504; 70 FR 30997; 70 FR Washington, DC 20590–0001. of safety that is equivalent to, or greater 33937; 70 FR 37891; 72 FR 27624; 72 FR • Hand Delivery or Courier: West than, the level that would be achieved 34062; 74 FR 19267; 74 FR 26471; 74 FR Building Ground Floor, Room W12–140, absent such exemption.’’ The procedures 28094). Each of these 6 applicants has 1200 New Jersey Avenue, SE., for requesting an exemption (including requested renewal of the exemption and Washington, DC, between 9 a.m. and 5 renewals) are set out in 49 CFR part 381. has submitted evidence showing that p.m., Monday through Friday, except the vision in the better eye continues to Exemption Decision Federal Holidays. meet the standard specified at 49 CFR • Fax: 1–202–493–2251. This notice addresses 6 individuals 391.41(b)(10) and that the vision Instructions: Each submission must who have requested renewal of their impairment is stable. In addition, a include the Agency name and the exemptions in accordance with FMCSA review of each record of safety while docket number for this notice. Note that procedures. FMCSA has evaluated these driving with the respective vision DOT posts all comments received 6 applications for renewal on their deficiencies over the past two years without change to http:// merits and decided to extend each indicates each applicant continues to www.regulations.gov, including any exemption for a renewable two-year meet the vision exemption standards. personal information included in a period. They are: These factors provide an adequate basis comment. Please see the Privacy Act Edmund J. Barron, Roger K. Cox, Harold for predicting each driver’s ability to heading below. H. Cunning, Myron D. Dixon, Thomas continue to drive safely in interstate Docket: For access to the docket to E. Howard, Billy L. Johnson. commerce. Therefore, FMCSA concludes that extending the exemption read background documents or The exemptions are extended subject for each renewal applicant for a period comments, go to http:// to the following conditions: (1) That of two years is likely to achieve a level www.regulations.gov at any time or each individual has a physical of safety equal to that existing without Room W12–140 on the ground level of examination every year (a) by an the exemption. the West Building, 1200 New Jersey ophthalmologist or optometrist who Avenue, SE., Washington, DC, between attests that the vision in the better eye Request for Comments 9 a.m. and 5 p.m., Monday through continues to meet the standard in 49 Friday, except Federal holidays. The FMCSA will review comments CFR 391.41(b)(10), and (b) by a medical received at any time concerning a Federal Docket Management System examiner who attests that the individual (FDMS) is available 24 hours each day, particular driver’s safety record and is otherwise physically qualified under determine if the continuation of the 365 days each year. If you want 49 CFR 391.41; (2) that each individual acknowledgment that we received your exemption is consistent with the provides a copy of the ophthalmologist’s requirements at 49 U.S.C. 31136(e) and comments, please include a self- or optometrist’s report to the medical addressed, stamped envelope or 31315. However, FMCSA requests that examiner at the time of the annual interested parties with specific data postcard or print the acknowledgement medical examination; and (3) that each concerning the safety records of these page that appears after submitting individual provide a copy of the annual drivers submit comments by July 11, comments on-line. medical certification to the employer for 2011. Privacy Act: Anyone may search the retention in the driver’s qualification FMCSA believes that the electronic form of all comments file and retains a copy of the requirements for a renewal of an received into any of our dockets by the certification on his/her person while exemption under 49 U.S.C. 31136(e) and name of the individual submitting the driving for presentation to a duly 31315 can be satisfied by initially comment (or of the person signing the authorized Federal, State, or local granting the renewal and then comment, if submitted on behalf of an enforcement official. Each exemption requesting and evaluating, if needed, association, business, labor union, etc.). will be valid for two years unless subsequent comments submitted by You may review DOT’s Privacy Act rescinded earlier by FMCSA. The interested parties. As indicated above, Statement for the FDMS published in exemption will be rescinded if: (1) The the Agency previously published the Federal Register on January 17, person fails to comply with the terms notices of final disposition announcing 2008 (73 FR 3316), or you may visit and conditions of the exemption; (2) the its decision to exempt these 6 http://edocket.access.gpo.gov/2008/pdf/ exemption has resulted in a lower level individuals from the vision requirement E8–785.pdf. of safety than was maintained before it in 49 CFR 391.41(b)(10). The final FOR FURTHER INFORMATION CONTACT: was granted; or (3) continuation of the decision to grant an exemption to each Elaine M. Papp, Chief, Medical exemption would not be consistent with of these individuals was made on the Programs, (202)–366–4001, the goals and objectives of 49 U.S.C. merits of each case and made only after [email protected], FMCSA, 31136(e) and 31315. careful consideration of the comments Department of Transportation, 1200 received to its notices of applications. Basis for Renewing Exemptions New Jersey Avenue, SE., Room W64– The notices of applications stated in 224, Washington, DC 20590–0001. Under 49 U.S.C. 31315(b)(1), an detail the qualifications, experience, Office hours are from 8:30 a.m. to 5 p.m. exemption may be granted for no longer and medical condition of each applicant Monday through Friday, except Federal than two years from its approval date for an exemption from the vision holidays. and may be renewed upon application requirements. That information is SUPPLEMENTARY INFORMATION: for additional two year periods. In available by consulting the above cited accordance with 49 U.S.C. 31136(e) and Federal Register publications. Background 31315, each of the 6 applicants has Interested parties or organizations Under 49 U.S.C. 31136(e) and 31315, satisfied the entry conditions for possessing information that would FMCSA may renew an exemption from obtaining an exemption from the vision otherwise show that any, or all, of these the vision requirements in 49 CFR requirements (65 FR 78256; 66 FR drivers are not currently achieving the 391.41(b)(10), which applies to drivers 16311; 66 FR 17743; 66 FR 33990; 68 FR statutory level of safety should of CMVs in interstate commerce, for a 10301; 68 FR 13360; 68 FR 19596; 68 FR immediately notify FMCSA. The

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34135

Agency will evaluate any adverse • Mail: Docket Management Facility; 391.41(b)(10), which applies to drivers evidence submitted and, if safety is U.S. Department of Transportation, 1200 of CMVs in interstate commerce, for a being compromised or if continuation of New Jersey Avenue, SE., West Building two-year period if it finds ‘‘such the exemption would not be consistent Ground Floor, Room W12–140, exemption would likely achieve a level with the goals and objectives of 49 Washington, DC 20590–0001. of safety that is equivalent to, or greater U.S.C. 31136(e) and 31315, FMCSA will • Hand Delivery or Courier: West than, the level that would be achieved take immediate steps to revoke the Building Ground Floor, Room W12–140, absent such exemption.’’ The procedures exemption of a driver. 1200 New Jersey Avenue, SE., for requesting an exemption (including Issued on: June 2, 2011. Washington, DC, between 9 a.m. and 5 renewals) are set out in 49 CFR part 381. p.m., Monday through Friday, except Larry W. Minor, Exemption Decision Federal Holidays. Associate Administrator for Policy. • Fax: 1–202–493–2251. This notice addresses 27 individuals [FR Doc. 2011–14463 Filed 6–9–11; 8:45 am] Instructions: Each submission must BILLING CODE 4910–EX–P who have requested renewal of their include the Agency name and the exemptions in accordance with FMCSA docket number for this notice. Note that procedures. FMCSA has evaluated these DEPARTMENT OF TRANSPORTATION DOT posts all comments received 27 applications for renewal on their without change to http:// merits and decided to extend each Federal Motor Carrier Safety www.regulations.gov, including any exemption for a renewable two-year Administration personal information included in a period. They are: comment. Please see the Privacy Act [Docket No. FMCSA–1998–4334; FMCSA– heading below. Gary A. Barrett, Ivan L. Beal, Johnny A. 2000–7363; FMCSA–2000–8398; FMCSA– Docket: For access to the docket to Beutler, Daniel R. Brewer, Darryl D. 2000–7006; FMCSA–2001–9258; FMCSA– Cassatt, Brett L. Condon, Albion C. 2003–14223; FMCSA–2003–14504; FMCSA– read background documents or 2005–20027; FMCSA–2005–20560; FMCSA– comments, go to http:// Doe, Sr., William K. Gullett, Daryl A. 2006–24783; FMCSA–2006–26066; FMCSA– www.regulations.gov at any time or Jester, James P. Jones, Volga 2007–27333] Room W12–140 on the ground level of Kirkwood, Clyde H. Kitzan, Larry J. the West Building, 1200 New Jersey Lang, Spencer E. Leonard, John W. Qualification of Drivers; Exemption Avenue, SE., Washington, DC, between Locke, Herman G. Lovell, Ronald L. Applications; Vision 9 a.m. and 5 p.m., Monday through Maynard, Donald G. Meyer, William A. Moore, Jr., Steven A. Proctor, AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The Administration (FMCSA), DOT. Federal Docket Management System Richard S. Rehbein, Bernard E. Roche, David E. Sanders, David B. Speller, ACTION: (FDMS) is available 24 hours each day, Notice of renewal of Lynn D. Veach, Harry S. Warren, exemptions; request for comments. 365 days each year. If you want acknowledgment that we received your Michael C. Wines. SUMMARY: FMCSA announces its comments, please include a self- The exemptions are extended subject decision to renew the exemptions from addressed, stamped envelope or to the following conditions: (1) That the vision requirement in the Federal postcard or print the acknowledgement each individual has a physical Motor Carrier Safety Regulations for 27 page that appears after submitting examination every year (a) by an individuals. FMCSA has statutory comments on-line. ophthalmologist or optometrist who authority to exempt individuals from Privacy Act: Anyone may search the attests that the vision in the better eye the vision requirement if the electronic form of all comments continues to meet the standard in 49 exemptions granted will not received into any of our dockets by the CFR 391.41(b)(10), and (b) by a medical compromise safety. The Agency has name of the individual submitting the examiner who attests that the individual concluded that granting these comment (or of the person signing the is otherwise physically qualified under exemption renewals will provide a level comment, if submitted on behalf of an 49 CFR 391.41; (2) that each individual of safety that is equivalent to, or greater association, business, labor union, etc.). provides a copy of the ophthalmologist’s than, the level of safety maintained You may review DOT’s Privacy Act or optometrist’s report to the medical without the exemptions for these Statement for the FDMS published in examiner at the time of the annual commercial motor vehicle (CMV) the Federal Register on January 17, medical examination; and (3) that each drivers. 2008 (73 FR 3316), or you may visit individual provide a copy of the annual DATES: This decision is effective June http://edocket.access.gpo.gov/2008/pdf/ medical certification to the employer for 26, 2011. Comments must be received E8-785.pdf. retention in the driver’s qualification on or before July 11, 2011. FOR FURTHER INFORMATION CONTACT: file and retains a copy of the ADDRESSES: You may submit comments Elaine M. Papp, Chief, Medical certification on his/her person while bearing the Federal Docket Management Programs, (202)–366–4001, driving for presentation to a duly System (FDMS) numbers: FMCSA– [email protected], FMCSA, authorized Federal, State, or local 1998–4334; FMCSA–2000–7363; Department of Transportation, 1200 enforcement official. Each exemption FMCSA–2000–8398; FMCSA–2000– New Jersey Avenue, SE., Room W64– will be valid for two years unless 7006; FMCSA–2001–9258; FMCSA– 224, Washington, DC 20590–0001. rescinded earlier by FMCSA. The 2003–14223; FMCSA–2003–14504; Office hours are from 8:30 a.m. to 5 p.m. exemption will be rescinded if: (1) The FMCSA–2005–20027; FMCSA–2005– Monday through Friday, except Federal person fails to comply with the terms 20560; FMCSA–2006–24783; FMCSA– holidays. and conditions of the exemption; (2) the 2006–26066; FMCSA–2007–27333, SUPPLEMENTARY INFORMATION: exemption has resulted in a lower level using any of the following methods: of safety than was maintained before it • Federal eRulemaking Portal: Go to Background was granted; or (3) continuation of the http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, exemption would not be consistent with on-line instructions for submitting FMCSA may renew an exemption from the goals and objectives of 49 U.S.C. comments. the vision requirements in 49 CFR 31136(e) and 31315.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34136 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Basis for Renewing Exemptions in 49 CFR 391.41(b)(10). The final on-line instructions for submitting decision to grant an exemption to each comments. Under 49 U.S.C. 31315(b)(1), an • exemption may be granted for no longer of these individuals was made on the Mail: Docket Management Facility; than two years from its approval date merits of each case and made only after U.S. Department of Transportation, 1200 and may be renewed upon application careful consideration of the comments New Jersey Avenue, SE., West Building for additional two year periods. In received to its notices of applications. Ground Floor, Room W12–140, The notices of applications stated in Washington, DC 20590–0001. accordance with 49 U.S.C. 31136(e) and • 31315, each of the 27 applicants has detail the qualifications, experience, Hand Delivery: West Building satisfied the entry conditions for and medical condition of each applicant Ground Floor, Room W12–140, 1200 obtaining an exemption from the vision for an exemption from the vision New Jersey Avenue, SE., Washington, requirements (63 FR 66226; 65 FR requirements. That information is DC, between 9 a.m. and 5 p.m., Monday 20245; 65 FR 45817; 65 FR 57230; 65 FR available by consulting the above cited through Friday, except Federal Federal Register publications. Holidays. 77066; 65 FR 78256; 64 FR 16517; 66 FR • 16311; 66 FR 17743; 66 FR 17994; 66 FR Interested parties or organizations Fax: 1–202–493–2251. 33990; 67 FR 57266; 68 FR 10301; 68 FR possessing information that would Instructions: Each submission must 13360; 68 FR 19596; 68 FR 19598; 68 FR otherwise show that any, or all, of these include the Agency name and the 33570; 68 FR 35772; 70 FR 2701; 70 FR drivers are not currently achieving the docket numbers for this notice. Note 16887; 70 FR 17504; 70 FR 25878; 70 FR statutory level of safety should that all comments received will be 30997; 70 FR 33937; 71 FR 32183; 71 FR immediately notify FMCSA. The posted without change to http:// 41310; 71 FR 63379; 72 FR 1050; 72 FR Agency will evaluate any adverse www.regulations.gov, including any 12666; 72 FR 25831; 72 FR 28093; 72 FR evidence submitted and, if safety is personal information provided. Please 32705; 73 FR 60398 74 FR 26464; 74 FR being compromised or if continuation of see the Privacy Act heading below for 19270). Each of these 27 applicants has the exemption would not be consistent further information. requested renewal of the exemption and with the goals and objectives of 49 Docket: For access to the docket to has submitted evidence showing that U.S.C. 31136(e) and 31315, FMCSA will read background documents or the vision in the better eye continues to take immediate steps to revoke the comments, go to http:// meet the standard specified at 49 CFR exemption of a driver. www.regulations.gov at any time or 391.41(b)(10) and that the vision Issued on: June 2, 2011. Room W12–140 on the ground level of the West Building, 1200 New Jersey impairment is stable. In addition, a Larry W. Minor, Avenue, SE., Washington, DC, between review of each record of safety while Associate Administrator of Policy. driving with the respective vision 9 a.m. and 5 p.m., Monday through [FR Doc. 2011–14461 Filed 6–9–11; 8:45 am] Friday, except Federal holidays. The deficiencies over the past two years BILLING CODE 4910–EX–P indicates each applicant continues to FDMS is available 24 hours each day, meet the vision exemption standards. 365 days each year. If you want acknowledgment that we received your These factors provide an adequate basis DEPARTMENT OF TRANSPORTATION for predicting each driver’s ability to comments, please include a self- continue to drive safely in interstate Federal Motor Carrier Safety addressed, stamped envelope or commerce. Therefore, FMCSA Administration postcard or print the acknowledgement concludes that extending the exemption page that appears after submitting for each renewal applicant for a period [Docket No. FMCSA–2011–0124] comments on-line. of two years is likely to achieve a level Privacy Act: Anyone may search the of safety equal to that existing without Qualification of Drivers; Exemption electronic form of all comments the exemption. Applications; Vision received into any of our dockets by the name of the individual submitting the Request for Comments AGENCY: Federal Motor Carrier Safety comment (or of the person signing the Administration (FMCSA), DOT. FMCSA will review comments comment, if submitted on behalf of an received at any time concerning a ACTION: Notice of applications for association, business, labor union, etc.). particular driver’s safety record and exemptions; request for comments. You may review DOT’s Privacy Act Statement for the FDMS published in determine if the continuation of the SUMMARY: FMCSA announces receipt of exemption is consistent with the the Federal Register on January 17, applications from 13 individuals for 2008 (73 FR 3316), or you may visit requirements at 49 U.S.C. 31136(e) and exemption from the vision requirement 31315. However, FMCSA requests that http://edocket.access.gpo.gov/2008/pdf/ in the Federal Motor Carrier Safety E8–785.pdf. interested parties with specific data Regulations. If granted, the exemptions FOR FURTHER INFORMATION CONTACT: Dr. concerning the safety records of these would enable these individuals to Mary D. Gunnels, Director, Medical drivers submit comments by July 11, qualify as drivers of commercial motor Programs, (202) 366–4001, 2011. vehicles (CMVs) in interstate commerce [email protected], FMCSA, FMCSA believes that the without meeting the Federal vision Department of Transportation, 1200 requirements for a renewal of an standard. exemption under 49 U.S.C. 31136(e) and New Jersey Avenue, SE., Room W64– 31315 can be satisfied by initially DATES: Comments must be received on 224, Washington, DC 20590–0001. granting the renewal and then or before July 11, 2011. Office hours are from 8:30 a.m. to 5 requesting and evaluating, if needed, ADDRESSES: You may submit comments p.m., Monday through Friday, except subsequent comments submitted by bearing the Federal Docket Management Federal holidays. interested parties. As indicated above, System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: the Agency previously published 2011–0124 using any of the following notices of final disposition announcing methods: Background its decision to exempt these 27 • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, individuals from the vision requirement http://www.regulations.gov. Follow the FMCSA may grant an exemption from

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34137

the Federal Motor Carrier Safety trucks for 36 years, accumulating 72,000 2011, his optometrist noted, ‘‘Mr. Hall, Regulations for a 2-year period if it finds miles and tractor-trailer combinations in my medical opinion has sufficient ‘‘such exemption would likely achieve a for 34 years, accumulating 3 million vision to perform the driving tasks to level of safety that is equivalent to, or miles. He holds a Class A CDL from operate a commercial vehicle’’. Mr. Hall greater than, the level that would be New York. His driving record for the reported that he has driven straight achieved absent such exemption.’’ last 3 years shows no crashes and no trucks for 12c years, accumulating FMCSA can renew exemptions at the convictions for moving violations in a 337,500 miles. He holds a Class C end of each 2-year period. The 13 CMV. operator’s license from California. His individuals listed in this notice have driving record for the last 3 years shows Allen M. Gamber each requested such an exemption from no crashes and no convictions for the vision requirement in 49 CFR Mr. Gamber, 62, has had complete moving violations in a CMV. 391.41(b)(10), which applies to drivers loss of vision in his left eye due to a Richard A. McGuire of CMVs in interstate commerce. retinal vein occlusion since 2000. The Accordingly, the Agency will evaluate visual acuity in his right eye is 20/25. Mr. McGuire, 47, has had the qualifications of each applicant to Following an examination in 2011, his histoplasmosis in his right eye since determine whether granting an ophthalmologist noted, ‘‘Mr. Gamber has 1997. The best corrected visual acuity in exemption will achieve the required sufficient vision to perform the driving his right eye is 20/70 and in the left eye, level of safety mandated by statute. tasks required to operate a commercial 20/20. Following an examination in vehicle.’’ Mr. Gamber reported that he ‘‘ Qualifications of Applicants 2011, his ophthalmologist noted, In my has driven straight trucks for 43 years, medical opinion, he has sufficient Eleazar R. Balli accumulating 1.3 million miles. He vision to perform the driving tasks holds a Class B CDL from Missouri. His required to operate a commercial Mr. Balli, age 49, has had retinal driving record for the last 3 years shows scarring in his left eye due to a vehicle.’’ Mr. McGuire reported that he no crashes and no convictions for has driven tractor-trailer combinations traumatic injury since childhood. The moving violations in a CMV. visual acuity in his right eye is 20/20 for 26 years, accumulating 2 million and in the left eye, 20/70. Following an Michael R. Gartin miles. He holds a Class A CDL from Kentucky. His driving record for the last examination in 2011, his optometrist Mr. Gartin, 47, has had strabismic 3 years shows no crashes and no noted, ‘‘In my medical opinion, Mr. Balli amblyopia in his right eye since convictions for moving violations in a has sufficient vision to perform driving childhood. The best corrected visual CMV. tasks required to operate a commercial acuity in his right eye is 20/200 and in vehicle.’’ Mr. Balli reported that he has the left eye, 20/15. Following an Dennis L. Morgan driven tractor-trailer combinations for 4 examination in 2010, his optometrist Mr. Morgan, 47, has had amblyopia in years, accumulating 52,000 miles. He noted, ‘‘From these results, I believe Mr. his right eye since childhood. The best holds a Class A Commercial Drivers Gartin does have sufficient visual corrected visual acuity in his right eye License (CDL) from Texas. His driving acuity, visual field, and color is 20/400 and in the left eye, 20/25. record for the last 3 years shows no discrimination to continue to safely Following an examination in 2010, his crashes and no convictions for moving operate a commercial vehicle.’’ Mr. optometrist noted, ‘‘I, Dr. Benjamin L. violations in a CMV. Gartin reported that he has driven Waldo, O.D. certify that I have the tractor-trailer combinations for 25 years, James J. Doan medical opinion that Mr. Morgan has accumulating 2.5 million miles. He sufficient vision to perform tasks Mr. Doan, 41, has had optic nerve holds a Class A CDL from Kentucky. His required to operate a commercial hypoplasia in his right eye since driving record for the last 3 years shows vehicle.’’ Mr. Morgan reported that he childhood. The visual acuity in his right no crashes and no convictions for has driven straight trucks for 10 weeks, eye is hand motion vision and in the left moving violations in a CMV. eye, 20/20. Following an examination in accumulating 15,000 miles and tractor- 2011, his ophthalmologist noted, ‘‘It is Dale L. Giardine trailer combinations for 4 years, my medical opinion, that I find no Mr. Giardine, 50, has had amblyopia accumulating 300,000 miles. He holds a reason from an ocular standpoint why in his right eye since childhood. The Class A CDL from Washington. His he cannot continue to drive commercial best corrected visual acuity in his right driving record for the last 3 years shows vehicles.’’ Mr. Doan reported that he has eye is 20/200 and in the left eye, 20/25. no crashes and no convictions for driven straight trucks for 22 years, Following an examination in 2010, his moving violations in a CMV. accumulating 4.4 million miles and optometrist noted, ‘‘I believe he has Timothy A. Newberry tractor-trailer combinations for 22 years, sufficient vision and field of vision to accumulating 330,000 miles. He holds a operate this vehicle for work.’’ Mr. Mr. Newberry, 52, has had amblyopia Class A CDL from Pennsylvania. His Giardine reported that he has driven in his left eye since childhood. The best driving record for the last 3 years shows straight trucks for 26 years, corrected visual acuity in his right eye no crashes and no convictions for accumulating 62,400 miles. He holds a is 20/20 and in his left eye, 20/100. moving violations in a CMV. Class C operator’s license from Following an examination in 2010, his optometrist noted, ‘‘Patient has James A. Ellis Pennsylvania. His driving record for the last 3 years shows no crashes and no sufficient vision to operate commercial Mr. Ellis, 54, has had cataract in his convictions for moving violations in a vehicle’’. Mr. Newberry reported that he left eye since birth. The best corrected CMV. has driven straight trucks for 23 years, visual acuity in his right eye is 20/20 accumulating 230,000 miles. He holds a and in his left eye is 20/200. Following Benjamin C. Hall Class A CDL from Ohio. His driving an examination in 2011, his optometrist Mr. Hall, 62, has had complete loss of record for the last 3 years shows one noted, ‘‘He has sufficient vision to drive vision in his left eye due to trauma since crash, for which he was cited, and no a commercial vehicle.’’ Mr. Ellis 2001. The visual acuity in his right eye convictions for moving violations in a reported that he has driven straight is 20/20. Following an examination in CMV.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34138 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Neville E. Owens business July 11, 2011. Comments will 493–6132). (These telephone numbers Mr. Owens, 44, has loss of vision in be available for examination in the are not toll-free.) his left eye due to a traumatic injury docket at the location listed under the SUPPLEMENTARY INFORMATION: sustained as a child. The best corrected ADDRESSES section of this notice. The The Paperwork Reduction Act of 1995 visual acuity in his right eye is 20/15 Agency will file comments received (PRA), Public Law 104–13, Section 2, and in the left eye, 20/200. Following an after the comment closing date in the 109 Stat. 163 (1995) (codified as revised examination in 2010, his optometrist public docket, and will consider them to at 44 U.S.C. 3501–3520), and its noted, ‘‘It is my opinion that Mr. Owens the extent practicable. implementing regulations, 5 CFR Part has excellent vision in spite of In addition to late comments, FMCSA 1320, require Federal agencies to issue limitations in the left eye. He has an will also continue to file, in the public two notices seeking public comment on excellent driving record even with his docket, relevant information that information collection activities before CDL privileges.’’ Mr. Owens reported becomes available after the comment OMB may approve paperwork packages. that he has driven straight trucks for 19 closing date. Interested persons should 44 U.S.C. 3506, 3507; 5 CFR 1320.5, years, accumulating 190,000 miles and monitor the public docket for new 1320.8(d)(1), 1320.12. On April 1, 2011, tractor-trailer combinations for 15 years, material. FRA published a 60-day notice in the accumulating 75,000 miles. He holds a Issued on: June 2, 2011. Federal Register soliciting comment on Class A CDL from North Carolina. His Larry W. Minor, these ICRs for which the agency is driving record for the last 3 years shows Associate Administrator for Policy. seeking OMB approval. 76 FR 18294. no crashes and no convictions for FRA received no comments in response [FR Doc. 2011–14460 Filed 6–9–11; 8:45 am] moving violations in a CMV. to this notice. BILLING CODE 4910–EX–P Peter M. Shirk Before OMB decides whether to approve these proposed collections of Mr. Shirk, 28, has had exotropia in his DEPARTMENT OF TRANSPORTATION information, it must provide 30 days for right eye due to a traumatic injury that public comment. 44 U.S.C. 3507(b); 5 occurred in 2003. The best corrected Federal Railroad Administration CFR 1320.12(d). Federal law requires visual acuity in his right eye is light OMB to approve or disapprove perception and in the left eye, 20/20. [Docket No. FRA–2011–0001–N–6] paperwork packages between 30 and 60 Following an examination in 2011, his days after the 30 day notice is optometrist noted, ‘‘In my opinion and Proposed Agency Information published. 44 U.S.C. 3507 (b)–(c); 5 CFR based on the reported clean driving Collection Activities; Comment 1320.12(d); see also 60 FR 44978, 44983, record, Peter seems to have sufficient Request Aug. 29, 1995. OMB believes that the 30 visual field and visual acuity to operate day notice informs the regulated AGENCY: Federal Railroad a commercial vehicle.’’ Mr. Shirk community to file relevant comments Administration, (FRA), Department of reported that he has driven straight and affords the agency adequate time to Transportation (DOT). trucks for 6 years, accumulating 150,000 digest public comments before it miles. He holds a Class A CDL from ACTION: Notice and request for renders a decision. 60 FR 44983, Aug. Pennsylvania. His driving record for the comments. 29, 1995. Therefore, respondents should last 3 years shows no crashes and no SUMMARY: In compliance with the submit their respective comments to convictions for moving violations in a OMB within 30 days of publication of CMV. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice this Notice to best ensure having their Thomas C. Stromwall announces that the Information full effect. 5 CFR 1320.12(c); see also 60 Mr. Stromwall, 51, has aphakia and Collection Requirements (ICRs) FR 44983, Aug. 29, 1995. amblyopia in his left eye due to cataract abstracted below are being forwarded to The summaries below describe the surgery at age 5. The best corrected the Office of Management and Budget nature of the information collection visual acuity in his right eye is 20/20 (OMB) for review and comment. The requirements (ICRs) and the expected and in his left eye hand motion vision. ICRs describe the nature of the burden for each ICR being submitted for Following an examination in 2011, his information collections and their clearance by OMB as required by the optometrist noted, ‘‘It is my opinion that expected burden. The Federal Register PRA. Mr. Stromwall has sufficient vision to notice with a 60-day comment period Title: Railroad Operating Rules. safely perform the tasks required to soliciting comments on the following OMB Control Number: 2130–0035. operate a commercial motor vehicle.’’ collections of information was Type of Request: Extension of a Mr. Stromwall reported that he has published on April 1, 2011 (76 FR currently approved collection. driven straight trucks for 33 years, 18294). Affected Public: Businesses. accumulating 165,000 miles and tractor- Abstract: The collection of DATES: trailer combinations for 33 years, Comments must be submitted on information is due to the railroad accumulating 2.5 million miles. He or before July 11, 2011. operating rules set forth in 49 CFR part holds a Class A CDL from Minnesota. FOR FURTHER INFORMATION CONTACT: Mr. 217 which require Class I and Class II His driving record for the last 3 years Robert Brogan, Office of Safety, railroads to file with FRA copies of their shows no crashes and no convictions for Planning and Evaluation Division, RRS– operating rules, timetables, and moving violations in a CMV. 21, Federal Railroad Administration, timetable special instructions, and 1200 New Jersey Ave., SE., 3rd Floor, subsequent amendments thereto. Class Request for Comments Mail Stop 25, Washington, DC 20590 III railroads are required to retain copies In accordance with 49 U.S.C. 31136(e) (telephone: (202) 493–6292), or Ms. of these documents at their systems and 31315, FMCSA requests public Kimberly Toone, Office of Information headquarters. Also, 49 CFR 220.21(b) comment from all interested persons on Technology, RAD–20, Federal Railroad prescribes the collection of information the exemption petitions described in Administration, 1200 New Jersey Ave., which requires railroads to retain one this notice. The Agency will consider all SE., 3rd Floor, Mail Stop 35, copy of their current operating rules comments received before the close of Washington, DC 20590 (telephone: (202) with respect to radio communications

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34139

and one copy of each subsequent Comments are invited on the Railroad Safety/Chief Safety Officer, amendment thereto. These documents following: Whether the proposed FRA, 1200 New Jersey Avenue, SE., must be made available to FRA upon collection of information is necessary Mailstop 25, Washington, DC 20590, request. Through these rules, FRA for the proper performance of the (202) 493–6350. learns the condition of operating rules functions of the Department, including SUPPLEMENTARY INFORMATION: The and practices with respect to trains and whether the information will have Northeast Corridor Safety Committee is instructions provided by the railroad to practical utility; the accuracy of the mandated by a statutory provision in their employees in operating practices. Department’s estimate of the burden of Section 212 of the PRIIA (codified at 49 Form Number(s): N/A. the proposed information collection; U.S.C. 24905(f)). This Committee is Total Annual Estimated Burden ways to enhance the quality, utility, and chartered by the Secretary of Hours: 4,839,581 hours. clarity of the information to be Transportation and is an official Federal Title: Roadway Worker Protection. collected; and ways to minimize the Advisory Committee established in OMB Control Number: 2130–0539. burden of the collection of information accordance with the provisions of the Type of Request: Extension of a on respondents, including the use of Federal Advisory Committee Act, as currently approved collection. automated collection techniques or amended, 5 U.S.C. Title 5—Appendix. Abstract: This rule establishes other forms of information technology. regulations governing the protection of A comment to OMB is best assured of Issued in Washington, DC, on June 7, 2011. railroad employees working on or near having its full effect if OMB receives it Jo Strang, railroad tracks. The regulation requires within 30 days of publication of this Associate Administrator for Railroad Safety/ that each railroad devise and adopt a notice in the Federal Register. Chief Safety Officer. program of on-track safety to provide [FR Doc. 2011–14547 Filed 6–8–11; 4:15 pm] Authority: 44 U.S.C. 3501–3520. employees working along the railroad BILLING CODE 4910–06–P with protection from the hazards of Issued in Washington, DC on June 6, 2011. being struck by a train or other on-track Kimberly Coronel, equipment. Elements of this on-track Director, Office of Financial Management, DEPARTMENT OF TRANSPORTATION safety program include an on-track Federal Railroad Administration. safety manual; a clear delineation of [FR Doc. 2011–14467 Filed 6–9–11; 8:45 am] National Highway Traffic Safety employers’ responsibilities, as well as BILLING CODE 4910–06–P Administration employees’ rights and responsibilities thereto; well-defined procedures for [U.S. DOT Docket No. NHTSA–2011–0073] communication and protection; and DEPARTMENT OF TRANSPORTATION Reports, Forms, and Recordkeeping annual on-track safety training. The Requirements program adopted by each railroad is Federal Railroad Administration subject to review and approval by FRA. [Docket No. FRA–2011–0027; Notice No. 2] AGENCY: National Highway Traffic Form Number(s): FRA 6180.119. Safety Administration (NHTSA), DOT. Affected Public: Businesses. Northeast Corridor Safety Committee; ACTION: Request for extension of Total Annual Estimated Burden Meeting Postponement information collection 2127–0634. Hours: 817,358 hours. AGENCY: Federal Railroad Title: Locomotive Cab Sanitation SUMMARY: Before a Federal agency can Standards. Administration (FRA), Department of Transportation (DOT). collect certain information from the OMB Control Number: 2130–0552. public, it must receive approval from Type of Request: Extension of a ACTION: Notice of meeting; postponement. the Office of Management and Budget currently approved collection. (OMB). Under procedures established Affected Public: Businesses. SUMMARY: FRA announced the first by the Paperwork Reduction Act of Form Number(s): N/A 1995, before seeking OMB approval, Abstract: The collection of meeting of the Northeast Corridor Safety Federal agencies must solicit public information is used by FRA to promote Committee, a Federal Advisory comment on proposed collections of rail safety and the health of railroad Committee mandated by Section 212 of information, including extensions and workers by ensuring that all locomotive the Passenger Rail Investment and reinstatements of previously approved crew members have access to toilet/ Improvement Act of 2008 (PRIIA) on collections. sanitary facilities—on as needed basis— June 6, 2011 (See 76 FR 32391). This This document describes one which are functioning and hygienic. meeting is postponed until further collection of information for which Also, the collection of information is notice and will be rescheduled at a NHTSA intends to seek OMB approval. used by FRA to ensure that railroads future date. repair defective locomotive toilet/ DATES: The meeting of the Northeast DATES: Comments must be received on sanitary facilities within 10 calendar Corridor Safety Committee scheduled to or before August 9, 2011. days of the date on which these units commence on Tuesday, June 14, 2011, ADDRESSES: You may submit comments becomes defective. at 9 a.m., is hereby postponed and will identified by DOT Docket ID Number Total Annual Estimated Burden be rescheduled at a future date. NHTSA–2011–0073 using any of the Hours: 1,272 hours. ADDRESSES: To be rescheduled at a following methods: Addressee: Send comments regarding future date and location. Electronic submissions: Go to http:// this information collection to the Office FOR FURTHER INFORMATION CONTACT: Mr. www.regulations.gov. Follow the on-line of Information and Regulatory Affairs, Larry Woolverton, Northeast Corridor instructions for submitting comments. Office of Management and Budget, 725 Safety Committee Administrative Mail: Docket Management Facility, Seventeenth Street, NW., Washington, Officer/Coordinator, FRA, 1200 New M–30, U.S. Department of DC, 20503, Attention: FRA Desk Officer. Jersey Avenue, SE., Mailstop 25, Transportation, 1200 New Jersey Comments may also be sent via e-mail Washington, DC 20590, (202) 493–6212; Avenue, SE., West Building Ground to OMB at the following address: oira- or Mr. Mark McKeon, Special Assistant Floor, Room W12–140, Washington, DC [email protected]. to the Associate Administrator for 20590.

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34140 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

Hand Delivery: West Building Ground Form Number—NHTSA Form 1050. driving to determine if changes have Floor, Room W12–140, 1200 New Jersey Requested Expiration Date of occurred towards which current Avenue, SE., Washington, DC, between Approval—3 years from date of programs and program planning must 9 a.m. and 5 p.m., Monday through approval of extension. adapt. NHTSA began measuring the Friday, except Federal holidays. Summary of the Collection of driving age public’s attitudes and Fax: 1–202–493–2251. Information—NHTSA proposes to behaviors regarding drinking and Instructions: Each submission must continue its periodic administration of driving in 1991. The proposed survey, include the Agency name and the the National Survey of Drinking and last administered in 2008, will collect Docket number for this Notice. Note that Driving Attitudes and Behavior. The data on topics included in the earlier all comments received will be posted survey was last administered in 2008. surveys in the series, including: without change to http:// The next administration of the survey frequency of drinking and driving and www.regulations.gov including any would be a minimum of 5 years after of riding with a driver who has been personal information provided. that date. It would be conducted by drinking, ways to prevent alcohol- telephone among a national probability FOR FURTHER INFORMATION CONTACT: Mr. impaired driving, enforcement of sample of 6,000 adults (age 16 and Alan Block, Contracting Officer’s drinking and driving laws, and older) drawn from all 50 States and the Technical Representative, Office of understanding of BAC levels and legal District of Columbia. Participation by Behavioral Safety Research (NTI–131), limits. respondents would be voluntary. Survey National Highway Traffic Safety NHTSA will use the findings from topics would include frequency of Administration, 1200 New Jersey this proposed information collection to drinking and driving and of riding with Avenue, SE., W46–499, Washington, DC help focus current programs and a driver who has been drinking, ways to 20590. Mr. Block’s phone number is activities to achieve the greatest benefit, prevent alcohol-impaired driving, to develop new programs to decrease 202–366–6401 and his email address is enforcement of drinking and driving the likelihood of alcohol-impaired [email protected]. laws, and understanding of Blood driving, and to provide informational SUPPLEMENTARY INFORMATION: Under the Alcohol Concentration (BAC) levels and support to States, localities, and law Paperwork Reduction Act of 1995, legal limits. enforcement agencies that will aid them before an agency submits a proposed In conducting the proposed telephone in their efforts to reduce drinking and collection of information to OMB for interviews, the interviewers would use driving crashes and injuries. approval, it must publish a document in computer-assisted telephone Description of the Likely Respondents the Federal Register providing a 60-day interviewing to reduce interview length (Including Estimated Number, and comment period and otherwise consult and minimize recording errors. A Proposed Frequency of Response to the with members of the public and affected Spanish-language translation and Collection of Information)—Under this agencies concerning each proposed bilingual interviewers would be used to proposed effort, the Contractor would collection of information. The OMB has minimize language barriers to conduct 15 pretest telephone interviews promulgated regulations describing participation. The proposed survey and 6,000 national survey telephone what must be included in such a would be anonymous; the survey would interviews for a total of 6,015 document. Under OMB’s regulations (at not collect any personal information interviews. The pretest interviews 5 CFR 1320.8(d)), an agency must ask that would allow anyone to identify would be administered to test the for public comment on the following: respondents. Participant names would computer programming of the (i) Whether the proposed collection of not be collected during the interview questionnaire, and to determine if any information is necessary for the proper and the telephone number used to reach last adjustments to the questionnaire are performance of the functions of the the respondent would be separated from needed. The telephone interviews will agency, including whether the the data record prior to its entry into the be conducted with respondents age 16 information will have practical utility; analytical database. and older, with over-sampling of (ii) The accuracy of the agency’s Description of the Need for the respondents 16 through 24. Interview estimate of the burden of the proposed Information and Proposed Use of the length will average 20 minutes. collection of information, including the Information—NHTSA was established Interviews would be conducted with validity of the methodology and to reduce the number of deaths, injuries, respondents at residential phone assumptions used; and economic losses resulting from numbers selected through random digit (iii) How to enhance the quality, motor vehicle crashes on the Nation’s dialing. Interviews would be conducted utility, and clarity of the information to highways. As part of this statutory both with respondents using landline be collected; and mandate, NHTSA is authorized to phones and respondents using cell (iv) How to minimize the burden of conduct research as a foundation for the phones. Businesses are ineligible for the the collection of information on those development of motor vehicle standards sample and would not be interviewed. who are to respond, including the use and traffic safety programs. No more than one respondent would be of appropriate automated, electronic, Nearly one-third of traffic fatalities selected per household. All respondents mechanical, or other technological each year occur in crashes that involve will be administered the survey one collection techniques or other forms of an alcohol-impaired driver (in which a time only. information technology, e.g., permitting driver or motorcycle rider had a blood Estimate of the Total Annual electronic submission of responses. alcohol concentration, or BAC, of .08 or Reporting and Recordkeeping Burden In compliance with these greater). NHTSA has developed and Resulting from the Collection of requirements, NHTSA is requesting an demonstrated a range of Information—NHTSA estimates that extension of information collection countermeasures to address the respondents would require an average of 2127–0634: problem. Yet while effective 20 minutes to complete the telephone countermeasures have been identified, interviews or a total of 2,005 hours for National Survey of Drinking and there remains a need for NHTSA to the 6,015 respondents. All interviewing Driving Attitudes and Behavior periodically update its information would occur during a two-to-three Type of Request—Extension. concerning the public’s attitudes and month period during a single calendar OMB Clearance Number—2127–0634. behaviors regarding drinking and year. Thus the annual reporting burden

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 34141

would be the entire 2,005 hours. The line between milepost 687.6 south of part 1152. Questions concerning respondents would not incur any Corvallis and milepost 682.25 near environmental issues may be directed to reporting cost from the information Greenberry, a distance of 5.35 miles.2 the Board’s Office of Environmental collection. The respondents also would Petitioners state that, based on Analysis (OEA) at (202) 245–0305. not incur any recordkeeping burden or information in UP’s possession as the [Assistance for the hearing impaired is recordkeeping cost from the information owner of the Line, the Line does not available through the Federal collection. contain Federally granted rights-of-way. Information Relay Service (FIRS) at 1– Authority: 44 U.S.C. 3506(c)(2)(A). Any documentation in UP’s possession 800–877–8339.] will be made available to those An environmental assessment (EA) (or Jeff Michael, requesting it. environmental impact statement (EIS), if Associate Administrator, Research and The interest of railroad employees necessary) prepared by OEA will be Program Development. will be protected by the conditions set served upon all parties of record and [FR Doc. 2011–14466 Filed 6–9–11; 8:45 am] forth in ORegon Short Line Railroad— upon any agencies or other persons who BILLING CODE 4910–59–P Abandonment Portion Goshen Branch commented during its preparation. Between Firth & Ammon, In Bingham & Other interested persons may contact Bonneville Counties, Idaho, 360 I.C.C. OEA to obtain a copy of the EA (or EIS). DEPARTMENT OF TRANSPORTATION 91 (1979). EAs in these abandonment proceedings By issuing this notice, the Board is normally will be made available within Surface Transportation Board instituting an exemption proceeding 60 days of the filing of the petition. The [Docket No. AB 33 (Sub–No. 257X); Docket pursuant to 49 U.S.C. 10502(b). A final deadline for submission of comments on No. AB 986 (Sub–No. 1X)] decision will be issued by September 9, the EA generally will be within 30 days 2011. of its service. Union Pacific Railroad Company— Any offer of financial assistance Board decisions and notices are Abandonment and Discontinuance of (OFA) under 49 CFR 1152.27(b)(2) will available on our Web site at http:// Trackage Rights Exemptions—in be due no later than 10 days after www.stb.dot.gov. Benton County, OR; Willamette & service of a decision granting the Decided: June 7, 2011. Pacific Railroad, Inc.—Discontinuance petition for exemption. Each OFA must of Service and Discontinuance of be accompanied by a $1,500 filing fee. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Trackage Rights Exemptions—in See 49 CFR 1002.2(f)(25). Benton County, OR All interested persons should be Andrea Pope-Matheson, aware that, following abandonment of Clearance Clerk. On May 23, 2011, Willamette & rail service and salvage of the Line, the [FR Doc. 2011–14404 Filed 6–9–11; 8:45 am] Pacific Railroad, Inc. (WPRR), and Line may be suitable for other public BILLING CODE 4915–01–P Union Pacific Railroad Company (UP) use, including interim trail use. Any jointly filed with the Surface request for a public use condition under Transportation Board (Board) a petition 49 CFR 1152.28 or for interim trail use/ DEPARTMENT OF THE TREASURY under 49 U.S.C. 10502 for exemption rail banking under 49 CFR 1152.29 will from the provisions of 49 U.S.C. 10903 be due no later than June 30, 2011. Each Submission for OMB Review; for WPRR to discontinue service over, trail use request must be accompanied Comment Request and for UP to abandon, 17.86 miles of by a $250 filing fee. See 49 CFR rail line in Benton County, OR.1 The rail 1002.2(f)(27). June 7, 2011. line is described as follows: (1) From All filings in response to this notice The Department of the Treasury will milepost 682.25 near Greenberry to must refer to Docket Nos. AB 986 (Sub– submit the following public information milepost 671.58 near Monroe on the No. 1X) and AB 33 (Sub–No. 257X), and collection requirement to OMB for Bailey Branch; and (2) from milepost must be sent to: (1) Surface review and clearance under the 673.21 near Alpine Junction to milepost Transportation Board, 395 E Street, SW., Paperwork Reduction Act of 1995, 680.06 near Dawson on the Hull Oakes Washington, DC 20423–0001; (2) for Public Law 104–13 on or after the date Lead (together, the Line). The Line WPRR — Eric M. Hocky, Thorp Reed & of publication of this notice. A copy of traverses United States Postal Service Armstrong, LLP, One Commerce Square, the submission may be obtained by Zip Codes 97333 and 97456, and 2005 Market Street, Suite 1000, calling the Treasury Bureau Clearance includes the tariff stations of Greenberry Philadelphia, PA 19103; and (3) for UP Officer listed. Comments regarding this (milepost 681.3), Alpine Junction — Mack H. Shumate, Jr., 101 North information collection should be (milepost 673.0), Monroe (milepost Wacker Drive, #1920, Chicago, IL 60606. addressed to the OMB reviewer listed 671.7), and Dawson (milepost 679.9). In Replies to the petition are due on or and to the Treasury PRA Clearance addition, WPRR and UP seek to before June 30, 2011. Officer, Department of the Treasury, discontinue their respective reserved Persons seeking further information 1750 Pennsylvania Avenue, NW., Suite limited overhead trackage rights over concerning abandonment procedures 11010, Washington, DC 20220. Albany & Eastern Railroad Company’s may contact the Board’s Office of Public DATES: Written comments should be Assistance, Governmental Affairs, and received on or before July 11, 2011 to be 1 Petitioners state that the mileage of the proposed Compliance at (202) 245–0238 or refer assured of consideration. abandonment and discontinuance has been updated to the full abandonment or since the combined environmental and historic Bureau of the Public Debt (BPD) report was filed on March 29, 2011. Petitioners state discontinuance regulations at 49 CFR that further review of UP’s engineering documents OMB Number: 1535–0142. indicate that, although the milepost where the Hull 2 Petitioners state that the trackage rights were Title: Conducting Focus Groups For Oakes Lead connects to the Bailey Branch at Alpine reserved so that UP and WPRR could reach the Line Retail Securities Products. Junction is correct, there is an adjustment that pending receipt of abandonment and Type of Review: Revision of a needs to be made making the line 0.34 miles longer discontinuance authority. See Albany & E. R.R. than indicated by the mileposts. The legend on the Co.—Acquis. & Operation Exemption—Union Pac. currently approved collection. map indicates an increase in the mileage of the Hull R.R. Co. & Willamette & Pac. R.R., Inc., FD 35355 Abstract: Focus groups will be Oakes Lead from 6.85 to 7.19 miles. (STB served Mar. 10, 2010). conducted to better understand the

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 34142 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices

financial investment behaviors and customer service equal to the best in the OMB Reviewer: Shagufta Ahmed, practices of current and future business. Office of Management and Budget, New customers; gather customers’ opinions, Affected Public: Individuals and Executive Office Building, Room 10235, beliefs, and attitudes about a small households. Washington, DC 20503; (202) 395–7873. Estimated Total Burden Hours: 432. number of pre-defined potential Dawn D. Wolfgang, products and delivery mechanisms, and Bureau Clearance Officer: Bruce Treasury PRA Clearance Officer. fulfill Public Debt’s commitment under Sharp, Bureau of the Public Debt, 200 [FR Doc. 2011–14393 Filed 6–9–11; 8:45 am] Executive Order 12862 to provide Third Street, Parkersburg, West Virginia 26106; (304) 480–8112. BILLING CODE 4810–39–P

VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 E:\FR\FM\10JNN1.SGM 10JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES i

Reader Aids Federal Register Vol. 76, No. 112 Friday, June 10, 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. 381...... 33974 Presidential Documents 2 CFR 590...... 33974 Proposed Rules: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 Ch. XI...... 32330 92...... 31499 Ch. XVIII ...... 31884 Other Services 93...... 31499 Ch. XXIV...... 31884 94...... 31499 Electronic and on-line services (voice) 741–6020 Ch. XXVII...... 34003 96...... 31499 Privacy Act Compilation 741–6064 98...... 31499 Public Laws Update Service (numbers, dates, etc.) 741–6043 3 CFR TTY for the deaf-and-hard-of-hearing 741–6086 Proclamations: 10 CFR 8683...... 32065 8684...... 32851 72...... 33121 ELECTRONIC RESEARCH 8685...... 32853 217...... 33615 430...... 31750 World Wide Web 8686...... 32855 8687...... 32857 431...... 31795, 33631 Full text of the daily Federal Register, CFR and other publications Proposed Rules: is located at: www.fdsys.gov. 8688...... 33119 Administrative Orders: 35...... 33173 Federal Register information and research tools, including Public Memorandums: 40...... 31507 Inspection List, indexes, and links to GPO Access are located at: Memorandum of May 50...... 32878, 34007 www.ofr.gov. 31, 2011 ...... 33117 150...... 31507 E-mail Memorandum of June 12 CFR 6, 2011 ...... 33613 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 202...... 31451 an open e-mail service that provides subscribers with a digital 5 CFR 914...... 33121 form of the Federal Register Table of Contents. The digital form 531...... 32859 1235...... 33121 of the Federal Register Table of Contents includes HTML and 1732...... 33121 PDF links to the full text of each document. 532...... 31785 Proposed Rules: Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select Ch. I ...... 31886 4...... 32332 Online mailing list archives, FEDREGTOC-L, Join or leave the list 532...... 31885 5...... 32332 (or change settings); then follow the instructions. Ch. VII...... 32088 7...... 32332 PENS (Public Law Electronic Notification Service) is an e-mail Ch. XXVI...... 32330 8...... 32332 service that notifies subscribers of recently enacted laws. Ch. XXVIII...... 34003 28...... 32332 34...... 32332 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Ch. XLV ...... 32330 Ch. LIX...... 31884 43...... 34010 and select Join or leave the list (or change settings); then follow 244...... 34010 the instructions. Ch. LXV ...... 31884 Ch. XXXV ...... 31886 373...... 34010 FEDREGTOC-L and PENS are mailing lists only. We cannot 1234...... 34010 respond to specific inquiries. 6 CFR Ch. XVII ...... 31884 Reference questions. Send questions and comments about the Proposed Rules: 13 CFR Federal Register system to: [email protected] Ch. I ...... 32331 124...... 33980 The Federal Register staff cannot interpret specific documents or 7 CFR regulations. 51...... 31787 14 CFR Reminders. Effective January 1, 2009, the Reminders, including 201...... 31790 23...... 33129 Rules Going Into Effect and Comments Due Next Week, no longer 457...... 32067 25 ...... 31451, 31453, 31454, appear in the Reader Aids section of the Federal Register. This 953...... 33967 31456, 33129 information can be found online at http://www.regulations.gov. 985...... 33969 27...... 33129 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 29...... 33129 longer appears in the Federal Register. This information can be 36...... 31887 33...... 33981 found online at http://bookstore.gpo.gov/. 205...... 31495 39 ...... 31457, 31459, 31462, 916...... 31888 31465, 31796, 31798, 31800, 31803, 33982, 33984, 33986, FEDERAL REGISTER PAGES AND DATE, JUNE 917...... 31888 1170...... 34004 33988, 33991 31451–31784...... 1 1205...... 32088 71...... 31821, 31822 31785–32064...... 2 91...... 31823 8 CFR 95...... 33136 32065–32312...... 3 214...... 33970 417...... 33139 32313–32850...... 6 Proposed Rules: Proposed Rules: 32851–33120...... 7 Ch. I ...... 32331 39 ...... 31508, 32103, 33173, 33121–33612...... 8 Ch. V...... 34003 33176, 33658, 33660, 34011, 33613–33966...... 9 34014 33967–34142...... 10 9 CFR 71...... 31510, 32879 307...... 33974 139...... 32105

VerDate Mar 15 2010 17:24 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\10JNCU.LOC 10JNCU emcdonald on DSK2BSOYB1PROD with NOTICES4 ii Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Reader Aids

217...... 31511 Ch. V...... 31884 161...... 31831 67...... 32896 241...... 31511 Ch. VI...... 31884 162...... 31831 298...... 31511 Ch. VIII...... 31884 164...... 31831 45 CFR 382...... 32107 Ch. IX...... 31884 165 ...... 31839, 31843, 31846, Proposed Rules: Ch. V...... 31884 Ch. X...... 31884 31848, 31851, 31853, 32069, Ch. II ...... 32330 Ch. XII...... 31884 32071, 32313, 33151, 33154, Ch. III ...... 32330 16 CFR 33155, 33157, 33639, 33641, Ch. IV...... 32330 259...... 31467 25 CFR 33643, 33646 Ch. V...... 34003 Proposed Rules: Proposed Rules: 166...... 31831 Ch. VIII...... 31886 309...... 31513 Ch. I ...... 33180 167...... 31831 Ch. X...... 32330 1460...... 33179 Ch. III ...... 33181 169...... 31831 Ch. XIII...... 32330 Ch. V...... 32330 175...... 33160 17 CFR 183...... 33160 46 CFR 26 CFR Proposed Rules: Proposed Rules: 45...... 32323 1...... 32880, 33066 1...... 33994, 33997 Ch. I ...... 32331 Proposed Rules: 5...... 33066 31...... 32864 165...... 31895 Ch. I ...... 32331 7...... 33066 Proposed Rules: Ch. II ...... 32330 Ch. III ...... 32331 8...... 33066 1 ...... 31543, 32880, 32882, 34 CFR 15...... 33066 34017, 34019 47 CFR Ch. II ...... 32073 18...... 33066 31...... 32885 1...... 32866 222...... 31855 21...... 33066 301...... 31543 2...... 33653 22...... 31518, 33818 36 CFR 73...... 33656 27 CFR 36...... 33066 Proposed Rules: 80...... 33653 41...... 33066 Proposed Rules: Ch. III ...... 32330 90...... 33653 140...... 33066 Ch. II ...... 34003 Proposed Rules: 145...... 33066 37 CFR 4...... 33686 28 CFR 155...... 33066 201...... 32316 27...... 32901 166...... 33066 Proposed Rules: 73...... 32116 190...... 31518, 33818 Ch. I ...... 34003 38 CFR 76...... 32116 230...... 31518 III...... 34003 18...... 33999 232...... 33420 V ...... 34003 21...... 33999 48 CFR 239...... 31518 VI ...... 34003 203...... 32840 240...... 32880, 33420 40 CFR 211...... 33166 246...... 34010 29 CFR 52 ...... 31856, 31858, 32321, 212...... 33170 249...... 33420 1910...... 33590 33647, 33650, 33651, 34000 225...... 32841, 32843 249b...... 33420 1915...... 33590 180 ...... 31471, 31479, 31485 246...... 33166 1917...... 33590 300...... 32081 252 ...... 32840, 32841, 33166 19 CFR 1918...... 33590 Proposed Rules: Proposed Rules: 122...... 31823 1919...... 33590 52 ...... 31898, 31900, 32110, Ch. 1...... 32133, 32330 Proposed Rules: 1926...... 33590 32113, 32333, 33181, 33662, 2...... 32330 Ch. I ...... 32331 1928...... 33590 34020, 34021 17...... 31886 Proposed Rules: 86...... 32886 21...... 31886 20 CFR 1602...... 31892 174...... 33183 52...... 32330 Proposed Rules: 2550...... 31544 180...... 33184 54...... 32330 Ch. III ...... 31892 300...... 32115 203...... 32846 31 CFR Ch. IV...... 34003 204...... 32846 21 CFR 10...... 32286 Ch. VII...... 32330 252...... 32845, 32846 5...... 31468 545...... 31470 41 CFR Ch. 5 ...... 32088 10...... 31468 Proposed Rules: Ch. 16 ...... 31886 Proposed Rules: 14...... 31468 Ch. IX...... 34003 Ch. 18 ...... 31884 Ch. 101 ...... 32088 19...... 31468 Ch. 24 ...... 31884 Ch. 102 ...... 32088 20...... 31468 32 CFR Ch. 28 ...... 34003 Ch. 105 ...... 32088 21...... 31468 Ch. 61 ...... 32088 706...... 32865 102-34...... 31545 312...... 32863 Proposed Rules: Ch. 128 ...... 34003 314...... 31468 49 CFR Ch. I ...... 32330 301-11...... 32340 320...... 32863 171...... 32867 Ch. V...... 32330 302-2...... 32340 350...... 31468 177...... 32867 Ch. VI...... 32330 302-3...... 32340 516...... 31468 Ch. VII...... 32330 302-17...... 32340 383...... 32327 814...... 31468 Ch. XII...... 32330 390...... 32327 1310...... 31824 42 CFR 572...... 31860 Proposed Rules: 33 CFR 412...... 32085 Proposed Rules: Ch. I ...... 32330 1...... 31831 434...... 32816 390...... 32906 Ch. II ...... 34003 27...... 31831 438...... 32816 396...... 32906 573...... 32332 96...... 31831 447...... 32816 Ch. XII...... 32331 100...... 32313 22 CFR Proposed Rules: 50 CFR 101...... 31831 Ch. I ...... 32330 62...... 33993 107...... 31831 5...... 31546 17...... 31866, 33036 115...... 31831 84...... 33188 622...... 31874 24 CFR 117...... 31831, 31838 401...... 33566 635...... 32086 Proposed Rules: 135...... 31831 414...... 31547, 32410 648...... 31491, 32873 Ch. I ...... 31884 140...... 31831 Ch. V...... 32330 660...... 32876 Ch. II ...... 31884 148...... 31831 679...... 31881, 33171 267...... 34010 150...... 31831 44 CFR Proposed Rules: Ch. III ...... 31884 151...... 31831 Proposed Rules: 17 ...... 31686, 31903, 31906, Ch. IV...... 31884 160...... 31831 Ch. I ...... 32331 31920, 32911, 33880, 33924

VerDate Mar 15 2010 17:24 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\10JNCU.LOC 10JNCU emcdonald on DSK2BSOYB1PROD with NOTICES4 Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Reader Aids iii

223...... 31556, 34023 226...... 32026 665...... 32929 224...... 31556 660...... 33189

VerDate Mar 15 2010 17:24 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\10JNCU.LOC 10JNCU emcdonald on DSK2BSOYB1PROD with NOTICES4 iv Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Reader Aids

Superintendent of Documents, California, as the ‘‘Specialist U.S. Government Printing Jake Robert Velloza Post LIST OF PUBLIC LAWS Office, Washington, DC 20402 Office’’. (May 31, 2011; 125 Public Laws Electronic (phone, 202–512–1808). The Stat. 217) Notification Service This is a continuing list of text will also be made (PENS) public bills from the current available on the Internet from H.R. 1893/P.L. 112–16 session of Congress which GPO’s Federal Digital System have become Federal laws. It (FDsys) at http://www.gpo.gov/ Airport and Airway Extension PENS is a free electronic mail may be used in conjunction notification service of newly fdsys. Some laws may not yet Act of 2011, Part II (May 31, with ‘‘P L U S’’ (Public Laws be available. enacted public laws. To Update Service) on 202–741– 2011; 125 Stat. 218) subscribe, go to http:// 6043. This list is also S. 990/P.L. 112–14 listserv.gsa.gov/archives/ S. 1082/P.L. 112–17 available online at http:// PATRIOT Sunsets Extension publaws-l.html www.archives.gov/federal- Act of 2011 (May 26, 2011; Small Business Additional Note: This service is strictly register/laws. 125 Stat. 216) Temporary Extension Act of for E-mail notification of new The text of laws is not H.R. 793/P.L. 112–15 2011 (June 1, 2011; 125 Stat. laws. The text of laws is not published in the Federal To designate the facility of the 221) available through this service. Register but may be ordered United States Postal Service PENS cannot respond to in ‘‘slip law’’ (individual located at 12781 Sir Francis Last List June 2, 2011 specific inquiries sent to this pamphlet) form from the Drake Boulevard in Inverness, address.

VerDate Mar 15 2010 17:24 Jun 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\10JNCU.LOC 10JNCU emcdonald on DSK2BSOYB1PROD with NOTICES4