Vol. 76 Thursday, No. 241 December 15, 2011

Pages 77895–78092

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 241

Thursday, December 15, 2011

Agriculture Department Energy Department See Animal and Plant Health Inspection Service See Federal Energy Regulatory Commission See Rural Utilities Service PROPOSED RULES Energy Conservation Program for Certain Commercial and Animal and Plant Health Inspection Service Industrial Equipment: PROPOSED RULES Test Procedures for High-Intensity Discharge Lamps, Agricultural Bioterrorism Protection Act of 2002: 77914–77934 Biennial Review and Republication of the Select Agent NOTICES and Toxin List; Amendments to the Select Agent and Meetings: Toxin Regulations, 77914 Ultra-Deepwater Advisory Committee, 77990–77991 Unconventional Resources Technology Advisory Antitrust Division Committee, 77990 NOTICES National Cooperative Research and Production Act of 1993: Environmental Protection Agency Petroleum Environmental Research Forum, 78044 RULES Pistoia Alliance, Inc., 78043 Approval and Promulgation of Implementation Plans; Motor Corp. and Ford Motor Co. Collaboration, Designation of Areas for Air Quality Planning 78043–78044 Purposes: Redesignation of the Kentucky Portion of the Cincinnati- Children and Families Administration Hamilton Nonattainment Area to Attainment, 77903– See Refugee Resettlement Office 77909 Protection of Stratospheric Ozone: Coast Guard Laboratory and Analytical Use Exemption for Essential RULES Class I Ozone-Depleting Substances; Extension, Safety Zones: 77909–77913 Upper Mississippi River, Mile 389.4 to 403.1, 77901– PROPOSED RULES 77903 Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Commerce Department Purposes: See International Trade Administration ; Atlanta; Determination of Attainment by See Patent and Trademark Office NOTICES Applicable Attainment Date for the 1997 8-Hour Agency Information Collection Activities; Proposals, Ozone Standards, 77950–77952 Submissions, and Approvals, 77963–77964 Approvals and Promulgations of Implementation Plans: North Carolina; Infrastructure Requirements for 1997 8- Consumer Product Safety Commission Hour Ozone National Ambient Air Quality NOTICES Standards, 77952–77962 Settlement Agreements and Orders: NOTICES Build-A-Bear Workshop, Inc., 77981–77982 Final Air Permits: Eni US Operating Co., Inc. and Port Dolphin Energy, Defense Department LLC., 77996–77997 NOTICES Proposed CERCLA Administrative Cashout Settlements: Meetings: Atlantic Richfield Co., 77997 Defense Acquisition University Board of Visitors, 77982 Requests for Nominations: National Environmental Education Advisory Council Drug Enforcement Administration Office of External Affairs and Environmental RULES Education, 77997–77998 Schedules of Controlled Substances: Placement of Ezogabine Into Schedule V, 77895–77899 Farm Credit Administration NOTICES NOTICES Controlled Substances: Market Access Agreement, 77998–77999 Established Aggregate Production Quotas for 2012, 78044–78047 Federal Aviation Administration RULES Education Department Modifications of Class E Airspace: NOTICES The Dalles, OR, 77899 Applications for Eligibility Designation: PROPOSED RULES Programs Under Parts A and F of Title III and Programs Airworthiness Directives: Under Title V of the Higher Education Act, 77982– Co. Airplanes, 77937–77939 77985 Airbus Airplanes, 77934–77937 Applications for New Awards: Provision of Navigation Services: Graduate Assistance in Areas of National Need, 77985– Next Generation Air Transportation System Transition to 77990 Performance-Based Navigation, 77939–77942

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Federal Communications Commission General Services Administration NOTICES NOTICES Standardizing Program Reporting Requirements for Agency Information Collection Activities; Proposals, Broadcast Licensees, 77999–78007 Submissions, and Approvals: Acquisition Regulation; Contract Administration, Quality Assurance, 78010–78011 Federal Deposit Insurance Corporation Information Technology Security Provision, 78009–78010 PROPOSED RULES Guidance on Due Diligence Requirements for Savings Health and Human Services Department Associations; Availability: See National Institutes of Health Whether a Corporate Debt Security Is Eligible for See Refugee Resettlement Office Investment, 78090–78092 NOTICES Permissible Investments for Federal and State Savings Agency Information Collection Activities; Proposals, Associations: Submissions, and Approvals, 78011–78013 Corporate Debt Securities, 78086–78090 Homeland Security Department Federal Emergency Management Agency See Coast Guard NOTICES See Federal Emergency Management Agency Revised Analysis and Mapping Procedures for Non- Accredited Levees, 78015–78016 Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Federal Energy Regulatory Commission Submissions, and Approvals, 78018–78020 NOTICES Combined Filings, 77991–77994 Interior Department Docket Number Change: See Fish and Wildlife Service Brian Hamilton v. El Paso Natural Gas, El Paso Western See Indian Affairs Bureau Pipelines, 77994 See Land Management Bureau Environmental Assessments; Availability, etc.: See National Park Service Pacific Gas and Electric Co., 77994–77995 See Office of Natural Resources Revenue Filings: Southcross Alabama Pipeline LLC, 77995 International Trade Administration Initial Market-Based Rate Filings Including Requests for NOTICES Blanket Section 204 Authorizations: Preliminary Determination of Sales at Less Than Fair Value: Blackwell Wind, LLC, 77995–77996 High Pressure Steel Cylinders From the People’s Republic Preliminary Permit Applications: of , 77964–77974 FFP Project 9 LLC, 77996 U.S. Automotive Parts and Components Business Development Mission to Russia, 77974–77977 Federal Maritime Commission U.S. Clean Energy and Energy Efficiency Trade Mission to NOTICES Saudi Arabia, 77977–77979 Ocean Transportation Intermediary Licenses; Applicants, 78007 International Trade Commission Ocean Transportation Intermediary Licenses; Revocations, NOTICES 78007 Complaints: Certain Silicon Microphone Packages and Products Containing Same, 78042–78043 Federal Retirement Thrift Investment Board NOTICES Justice Department Meetings; Sunshine Act, 78007 See Antitrust Division See Drug Enforcement Administration Federal Trade Commission See National Institute of Corrections NOTICES Proposed Agreement Containing Consent Orders: Land Management Bureau Laboratory Corporation of America Holdings and Orchid NOTICES Cellmark Inc., 78008–78009 Filing of Plats of Survey: Oregon, Washington, 78020–78021 Record of Decision; Availability: Fish and Wildlife Service Rice Solar Energy, LLC, Rice Solar Energy Project, 78021 NOTICES Deepwater Horizon Oil Spill; Draft Phase I Early Maritime Administration Restoration Plan and Environmental Assessment, NOTICES 78016–78018 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78080 Foreign Assets Control Office NOTICES National Aeronautics and Space Administration Executive Order 12978; Blocking or Unblocking of NOTICES Specially Designated Nationals, 78082–78083 Privacy Act; Systems of Records, 78050–78052

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National Institute of Corrections Securities and Exchange Commission NOTICES NOTICES Cooperative Agreement Solicitations: Applications: Strategic Essentials for the Advancement of Women Wells Fargo Bank, N.A., et al., 78052–78054 Executives in Corrections, 78047–78049 Meetings; Sunshine Act, 78054–78055 Self-Regulatory Organizations; Proposed Rule Changes: National Institutes of Health NASDAQ OMX PHLX LLC, 78055–78057, 78060–78062, NOTICES 78064–78066 Meetings: NASDAQ Stock Market LLC, 78057–78059 National Cancer Institute, 78013 NYSE Amex LLC, 78062–78064 National Center for Research Resources, 78014 NYSE Arca, Inc., 78066–78068 National Institute of Allergy and Infectious Diseases, Options Clearing Corp., 78059–78060 78014 National Institute of Dental and Craniofacial Research, Social Security Administration 78013 NOTICES National Institute of Diabetes and Digestive and Kidney Agency Information Collection Activities; Proposals, Diseases, 78013–78014 Submissions, and Approvals, 78068–78072 National Institute on Alcohol Abuse and Alcoholism, 78015 State Department National Institute on Alcohol Abuse and Alcoholism, NOTICES 78014 Bureau of Educational and Cultural Affairs Request for Grant Proposals: National Park Service International Sports Programming Initiative, 78072–78079 NOTICES Meetings: Description of Boundary Addition, Noatak National Overseas Schools Advisory Council, 78079 Preserve, 78021–78022 Revised Descriptions of Park, Preserve and Wilderness Surface Transportation Board Boundaries: NOTICES Gates of the Arctic National Park and Preserve, 78022– Acquisition of Control Exemptions: 78033 Watco Holdings, Inc. and Watco Transportation Services, LLC From Wisconsin and Southern Railroad, LLC, Office of Natural Resources Revenue 78080–78081 NOTICES Agency Information Collection Activities; Proposals, Transportation Department Submissions, and Approvals; Correction, 78033–78042 See Federal Aviation Administration See Maritime Administration Patent and Trademark Office See Surface Transportation Board NOTICES Sunset of Patent Application Backlog Reduction Stimulus Treasury Department Plan and Limited Extension of Green Technology Pilot See Foreign Assets Control Office Program, 77979–77980 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78081–78082 Pension Benefit Guaranty Corporation RULES Veterans Affairs Department Interest Assumptions for Valuing and Paying Benefits: Allocation of Assets in Single-Employer Plans; Benefits NOTICES Payable in Terminated Single-Employer Plans, Agency Information Collection Activities; Proposals, 77900–77901 Submissions, and Approvals: Appeal to Board of Veterans’ Appeals, 78083–78084 Postal Service PROPOSED RULES Service Standards for Market-Dominant Mail Products, Separate Parts In This Issue 77942–77950 Part II Refugee Resettlement Office Federal Deposit Insurance Corporation, 78086–78092 NOTICES Award of Single-Source Grants: Florida Department of Children and Families, St. Reader Aids Petersburg, FL, Support Services for Haitian Medical Consult the Reader Aids section at the end of this page for Evacuees, 78015 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Rural Utilities Service To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Environmental Impact Statements; Availability, etc.: listserv.access.gpo.gov and select Online mailing list Oglethorpe Power Corp.; Proposed Biomass Power Plant, archives, FEDREGTOC-L, Join or leave the list (or change 77963 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 331...... 77914 9 CFR Proposed Rules: 121...... 77914 10 CFR Proposed Rules: 429...... 77914 431...... 77914 12 CFR Proposed Rules: 362 (2 documents) ...... 78086, 78090 14 CFR 71...... 77899 Proposed Rules: 39 (2 documents) ...... 77934, 77937 91...... 77939 121...... 77939 125...... 77939 129...... 77939 135...... 77939 21 CFR 1308...... 77895 29 CFR 4022...... 77900 4044...... 77900 33 CFR 165...... 77901 39 CFR Proposed Rules: 121...... 77942 40 CFR 52...... 77903 81...... 77903 82...... 77909 Proposed Rules: 52 (2 documents) ...... 77950, 77952

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Rules and Regulations Federal Register Vol. 76, No. 241

Thursday, December 15, 2011

This section of the FEDERAL REGISTER 1300 to 1321. Under the CSA, controlled threatening illness not always treatable contains regulatory documents having general substances are classified in one of five with medications currently available applicability and legal effect, most of which schedules based upon their potential for and because it may not be prescribed in are keyed to and codified in the Code of abuse, their currently accepted medical the until this final Federal Regulations, which is published under use, and the degree of dependence the rulemaking action is in effect and the 50 titles pursuant to 44 U.S.C. 1510. substance may cause, 21 U.S.C. 812. The subsequent requirements that result The Code of Federal Regulations is sold by initial schedules of controlled from this final action are satisfied, the the Superintendent of Documents. Prices of substances by statute are found at 21 Administrator hereby finds that it is in new books are listed in the first FEDERAL U.S.C. 812(c) and the current list of the interest of public health to forego REGISTER issue of each week. scheduled substances is published at 21 the 30 day period prior to this final rule CFR Part 1308. taking effect. This will impose no Pursuant to 21 U.S.C. 811(a)(1), the hardship on any interested party and is DEPARTMENT OF JUSTICE Attorney General may, by rule, ‘‘add to responsive to comments intended to such a schedule or transfer between facilitate the availability of ezogabine as Drug Enforcement Administration such schedules any drug or other soon as possible for that population of substance if he (A) Finds that such drug people suffering from seizures that may 21 CFR Part 1308 or other substance has a potential for benefit from treatment with ezogabine. [Docket No. DEA–354] abuse, and (B) makes with respect to Therefore, in accordance with this such drug or other substance the finding of conditions of public health Schedules of Controlled Substances: findings prescribed by subsection (b) of and of good cause to waive the 30 day Placement of Ezogabine Into section 812 of this title for the schedule period and pursuant to 21 CFR 1308.45 Schedule V in which such drug is to be placed and 5 U.S.C. 553(d)(3), this final rule is * * *’’ Pursuant to 28 CFR 0.100(b), the effective upon publication. AGENCY: Drug Enforcement Administration, Department of Justice. Attorney General has delegated this Background scheduling authority to the ACTION: Final rule. Administrator of DEA. Ezogabine, known chemically as N-[2- amino-4-(4-fluorobenzylamino)-phenyl]- SUMMARY: With the issuance of this final The CSA provides that scheduling of any drug or other substance may be carbamic acid ethyl ester, is a new rule, the Administrator of the Drug chemical substance with central Enforcement Administration (DEA) initiated by the Attorney General (1) On his own motion; (2) at the request of the nervous system depressant properties places the substance ezogabine, and is classified as a sedative-hypnotic. including its salts, isomers, and salts of Secretary of HHS, or (3) on the petition of any interested party, 21 U.S.C. 811(a). Pharmacological studies indicate that isomers whenever the existence of such ezogabine primarily acts as a ligand at salts, isomers, and salts of isomers is This action is based on a recommendation from the Assistant ion-gated channels in the brain to possible, into Schedule V of the enhance potassium currents mediated Controlled Substances Act (CSA). This Secretary for Health of the Department of Health and Human Services (HHS) by neuronal KCNQ (Kv7) channels. action is pursuant to the CSA which Additionally, ezogabine indirectly requires that such actions be made on and on an evaluation of all other relevant data by DEA. This action enhances the gamma-aminobutyric acid the record after opportunity for a (GABA) mediated neurotransmission. hearing through formal rulemaking. imposes the regulatory controls and criminal sanctions of Schedule V on the On June 10, 2011, the Food and Drug DATES: Effective date: December 15, manufacture, distribution, dispensing, Administration (FDA) approved a New 2011. importation, and exportation of Drug Application (NDA) for ezogabine FOR FURTHER INFORMATION CONTACT: ezogabine and products containing as an adjunct treatment of partial onset Rhea D. Moore, Office of Diversion ezogabine. seizures, to be marketed under the trade ® 1 Control, Drug Enforcement Pursuant to 21 CFR 1308.44(e), the name Potiga . Administration, 8701 Morrissette Drive, Administrator of DEA may issue her Determination To Schedule Ezogabine Springfield, 22152; Telephone final order ‘‘[I]f all interested persons Pursuant to 21 U.S.C. 811(a), (202) 307–7165. waive or are deemed to waive their proceedings to add a drug or substance opportunity for the hearing or to SUPPLEMENTARY INFORMATION: to those controlled under the CSA may participate in the hearing.’’ As no be initiated by request of the Secretary Legal Authority requests for a hearing were filed on this of HHS. On January 12, 2011, HHS proposed scheduling action, all The DEA implements and enforces provided DEA with a scientific and interested persons are deemed to have Titles II and III of the Comprehensive medical evaluation document prepared waived their opportunity for a hearing Drug Abuse Prevention and Control Act by FDA entitled ‘‘Basis for the pursuant to 21 CFR 1308.44(d), and the of 1970, often referred to as the Recommendation for Control of Administrator may issue her final order Controlled Substances Act and the Ezogabine in Schedule V of the without a hearing. Controlled Substances Import and Controlled Substances Act.’’ Pursuant to Ezogabine is a new drug with a novel Export Act (21 U.S.C. 801–971), as 21 U.S.C. 811(b), this document amended (hereinafter, ‘‘CSA’’). The mechanism of action for the treatment of implementing regulations for these partial onset seizures. Because 1 http://www.accessdata.fda.gov/ statutes are found in Title 21 of the ezogabine is a new drug with possible drugsatfda_docs/nda/2011/ Code of Federal Regulations (CFR), parts immediate medical application to a life- 022345Orig1s000TOC.cfm; as of July 21, 2011.

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contained an eight-factor analysis of the This is similar to the AE rates for ezogabine and alprazolam on those abuse potential of ezogabine as a new administration of pregabalin (10%) and measures. drug, along with HHS’ recommendation lacosamide (>7%), while Phase 2⁄3 In human abuse potential studies, to control ezogabine under Schedule V clinical studies indicated similar AE ezogabine (300 and 600 mg), upon oral of the CSA. In response, DEA conducted rates between ezogabine (<1%) and administration, increased ratings on an eight-factor analysis of ezogabine’s lacosamide (<2%). Animal studies negative and sedating subjective abuse potential pursuant to 21 U.S.C. involving administration of ezogabine to measures [VAS-Bad Effects, ARCI-LSD 811(c). animals produced a sedative behavioral (dysphoria) and ARCI-PCAG (sedation)] Following analysis, the Administrator profile similar to that produced from compared to the placebo, but these of DEA published a Notice of Proposed administration of pregabalin and increases were lower than those Rulemaking entitled ‘‘Schedules of lacosamide, including decreased produced by 1.5 and 3.0 mg alprazolam. Controlled Substances: Placement of locomotion, decreased muscle tone, and These data for ezogabine are similar to Ezogabine into Schedule V’’ on October an increase in ataxia. Further, in abuse those produced by lacosamide. A 900 21, 2011 (76 FR 65424), which proposed potential studies conducted with mg dose of ezogabine produced VAS- placement of ezogabine into Schedule V sedative-hypnotic abusers, ezogabine, Drug Liking and VAS-Good Effects that of the CSA. The proposed rule provided pregabalin, and lacosamide, when were higher than those produced by the an opportunity for all interested persons compared to placebos, are similar in two lower doses of ezogabine and either to request a hearing or to submit their ability to produce statistically dose of alprazolam. However, the comments on or before November 21, significant increases in subjective changes in VAS-Bad Effects and ARCI- 2011. responses including ‘‘Drug Liking,’’ LSD (dysphoria) following 900 mg Included below is a brief summary of ‘‘Euphoria,’’ ‘‘Overall Drug Liking,’’ ezogabine were less than or similar to each factor as analyzed by HHS and ‘‘Good Drug Effects,’’ and ‘‘High.’’ those produced by lower doses of DEA, and as considered by DEA in the Because of the similarities between ezogabine and either dose of scheduling decision. Please note that ezogabine, pregabalin, and lacosamide, alprazolam. The adverse events both the DEA and HHS analyses are it is very likely that ezogabine will have following 900 mg ezogabine are similar available under ‘‘Supporting and an abuse potential similar to those to those described in the NDA file for Related Material’’ of the public docket Schedule V substances. Currently there the human abuse potential study for this rule at www.regulations.gov is a lack of evidence regarding the conducted with lacosamide. These under docket number DEA–354. diversion, illicit manufacturing or included euphoria, somnolence, visual 1. The Drug’s Actual or Relative deliberate misuse of ezogabine due to its disturbances, and altered auditory Potential for Abuse: Ezogabine is a new commercial unavailability in any perception. chemical substance that has not been country, but since ezogabine is not In human abuse potential studies, marketed in the U.S. As such, there is readily synthesized from available ezogabine, similar to pregabalin and no information available which details substances, any diversion would be lacosamide, also produced ratings on actual abuse of ezogabine. However, the from legitimate channels. The above each of the positive subjective responses legislative history of the CSA offers referenced studies, which include that were statistically similar to those another methodology for assessing a demonstration of the significant produced by Schedule IV drug or substance’s potential for abuse: euphoric effects produced by ezogabine benzodiazepines (alprazolam or The drug or drugs containing such a in humans, predict that there will be diazepam). Although this appears to substance are new drugs so related in their significant use of ezogabine contrary to suggest that these drugs have an abuse action to a drug or drugs already listed as or without medical advice. potential similar to that of Schedule IV having a potential for abuse to make it likely 2. Scientific Evidence of the Drug’s substances, the other data from human that the drug will have the same potentiality Pharmacological Effects, If Known: abuse potential studies, the adverse for abuse as such drugs, thus making it Ezogabine acts to enhance potassium effect profile data from safety and reasonable to assume that there may be currents mediated by neuronal KCNQ efficacy studies, and the data from the significant diversions from legitimate (Kv7) channels with a secondary action preclinical animal behavioral studies channels, significant use contrary to or without medical advice, or that it has a through the augmentation of GABA- demonstrate that ezogabine has abuse substantial capability of creating hazards to mediated neurotransmission without potential less than that of Schedule IV the health of the user or to the safety of the direct GABA receptor stimulation. In drugs but similar to that of Schedule V community.2 individuals with histories of drugs. Ezogabine acts as a ligand at ion-gated recreational sedative-hypnotic abuse, 3. The State of Current Scientific Knowledge Regarding the Drug or Other channels in the brain, similar to the ezogabine (300 and 600 mg orally) Substance: The chemical name of Schedule V substances pregabalin and produced increased ratings on the ezogabine is N-[2-amino-4-(4- lacosamide, and, like those drugs, primary positive subjective scales [VAS- fluorobenzylamino)-phenyl]-carbamic ezogabine is indicated for the treatment Drug-liking, VAS-Overall Drug Liking, acid ethyl ester. It is an achiral molecule of epileptic conditions in humans. ARCI-MBG (Euphoria), VAS-Take Drug with a molecular formula of There is strong evidence, described Again] for peak responses (Emax for the C below, that ezogabine produces first eight hours after drug 16H18FN3O2 and a molecular weight of behavioral effects in humans and in administration) that were significantly 303.3 g/mol. Ezogabine is a non- different from the placebo. This effect is animals that are similar to those hygroscopic white to slightly colored similar to that produced by alprazolam powder with a melting point of produced by pregabalin and lacosamide. ° Phase 1 clinical studies indicate that (1.5 and 3.0 mg orally; Schedule IV). On 140–143 C. It is soluble in 0.9% saline, the rate of euphoria-related adverse secondary positive subjective scales methanol, chloroform, but only events (AEs) resulting from [VAS-High, VAS-Good Effects, ARCI- sparingly soluble in ethanol and 0.1N administration of ezogabine was 6–9%. Amphetamine (Activation)] for peak HCL. responses, both ezogabine and Ezogabine in humans has a Tmax (time 2 Comprehensive Drug Abuse Prevention and alprazolam produced significant required for ezogabine to reach Control Act of 1970, H.R. Rep. No. 91–1444, 91st increases compared to the placebo, maximum plasma concentration) Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 4566, 4601. while there were no differences between ranging from 1–4 hours following both

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acute and multiple dosing, and, without will have an abuse potential similar to Additionally, ezogabine produced the involvement of cytochrome P450, this Schedule V drug. euphoria (8.5%) in Phase 1 studies in undergoes an extensive and almost 6. What, if any, Risk There is to the healthy individuals. These euphoria- exclusively phase 2 metabolic Public Health: The data indicates that related adverse events following biotransformation. Ezogabine is ezogabine may present a serious safety administration of ezogabine are predominantly metabolized by N- risk to the public health, and the suggestive of its ability to produce glucuronidation, resulting in the predicted level of risk is similar to that psychic dependence, and the adverse formation of two distinct N- observed with pregabalin and events appear to be less severe and glucuronides of the unchanged parent lacosamide but less than that produced occur less frequently than Schedule IV drug and to a lesser extent by N- by Schedule IV benzodiazepines. In drugs (diazepam and alprazolam) and acetylation to form N-acetyl-retigabine, Phase 1 clinical safety studies, the are more similar to those of Schedule V the major bioactive metabolite of overall adverse event profile following drugs, pregabalin and lacosamide. ezogabine. The half-life of both ezogabine administration was similar to 8. Whether the Substance is an ezogabine and N-acetyl-retigabine is those from pregabalin and lacosamide Immediate Precursor of a Substance approximately eight hours and the Cmax and includes not only euphoria, but also Already Controlled Under the CSA: (maximum plasma concentration) of somnolence, and feeling or thinking Ezogabine is not an immediate both components is dose proportional abnormally. Further, the human abuse precursor of any controlled substance. potential study showed that the majority after both acute and multiple dosing, Requests for a Hearing and Comments suggesting a lack of accumulation with of subjects receiving the 900 mg dose of repeated administration. ezogabine experienced multiple adverse DEA received no requests for a hearing on this scheduling action. DEA 4. Its History and Current Pattern of events such as euphoria, somnolence, received two comments on the NPRM to Abuse: As stated in the summary of visual disturbance, amnesia, hypo- aesthesia, paranoia, fear, confusion and schedule ezogabine. Factor 1, information on ezogabine’s Comment: The first comment history and current pattern of abuse is hallucination. Although the 900 mg dose is three times greater than the requested that ezogabine be placed into unavailable as it has not been marketed Schedule IV of the CSA instead of in any country. As such, evaluation of recommended therapeutic dose, individuals who abuse drugs typically Schedule V as proposed. While the abuse potential for ezogabine derives commenter stated that ezogabine may from positive indicators in clinical do so at supra-therapeutic doses. 7. Its Psychic or Physiological help those who have not had success studies which are believed to be Dependence Liability: Ezogabine may with current epilepsy treatments, the predictive of drug abuse and which are produce limited psychic or commenter believed that ezogabine’s discussed in Factors 1 and 2 above. physiological dependence liability new mechanism of action, including its 5. The Scope, Duration, and following extended administration. effect on the central nervous system as Significance of Abuse: Because Since there are no studies detailing an anticonvulsant and the potential side ezogabine has not yet been marketed, abrupt discontinuation of ezogabine, effects of the drug therein, warrant information on the scope, duration, and there are minimal adequate data to closer scrutiny and supervision under significance of abuse of ezogabine is evaluate the ability of ezogabine to Schedule IV. unavailable. However, epidemiological induce withdrawal symptoms that are DEA Response: DEA disagrees. That data on pregabalin, a Schedule V drug indicative of physical dependence. ezogabine has an effect on the central with an abuse potential similar to that Many of the adverse events reported nervous system is alone not enough to of ezogabine, is available from the Drug from the discontinuation of ezogabine merit its inclusion into Schedule IV of Abuse Warning Network (DAWN) were also reported prior to its the CSA, nor is the possibility that database. discontinuation, including dizziness, persons to whom ezogabine is The ‘‘abuse frequency ratio,’’ somnolence, and a state of confusion. prescribed would need to monitor their calculated as the ratio of nonmedical By comparison, abrupt or rapid medications closely. Instead, as detailed use related annual emergency discontinuation of pregabalin in human in the HHS and DEA analyses and the department visits (as reported in studies resulted in patient-reported HHS recommendation, studies indicate DAWN) to the total number of annual symptoms of nausea, headache or that the abuse potential and likely prescriptions for pregabalin is less than diarrhea, which are suggestive of effects of ezogabine are similar to those that for the Schedule IV drug, physical dependence, while abrupt of the Schedule V drugs pregabalin and alprazolam. Further, because ezogabine termination of lacosamide produced no lacosamide, and, therefore, merit has abuse-related human and animal signs or symptoms of withdrawal in ezogabine’s inclusion into Schedule V data in its NDA file similar to data diabetic neuropathic pain patients. of the CSA. generated for pregabalin, ezogabine is Unlike ezogabine and pregabalin, the Comment: The second comment likely to have an abuse potential similar withdrawal syndrome following stated that because epilepsy is a serious to pregabalin. The ‘‘abuse frequency discontinuation of Schedule IV and potentially life-threatening illness ratios’’ for pregabalin range from 29 to substances such as alprazolam can range that may not be adequately treated with 47, while those for alprazolam are from mild dysphoria and insomnia to a currently available medicines, approximately three to six times higher, major syndrome including abdominal conditions of public health necessitate ranging from 160 to 235. Thus, pain, muscle cramps, vomiting, an early effective date for the final rule pregabalin was placed into Schedule V sweating, tremors and convulsions. pursuant to 21 CFR 1308.45. As such, based both on abuse-related human and These are similar in character to those the commenter requested an effective animal data submitted in its NDA and associated with other sedative- date for the rule concurrent with its by epidemiological data which justified hypnotics. publication in the Federal Register. placement relative to drugs in Schedule The study of ezogabine abuse DEA Response: As stated under IV. Given that ezogabine has abuse- potential in humans with histories of ‘‘Legal Authority,’’ DEA agrees that this related human and animal data in its recreational abuse of sedative-hypnotics rule should become effective upon NDA file similar to the data generated found that ezogabine produces euphoria publication. Ezogabine, unlike the by pregabalin, it is likely that ezogabine (18–33%) in these individuals. currently available anticonvulsant

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medications, may act as an and the Controlled Substances Import Regulatory Analyses anticonvulsant through a novel and Export Act (CSIEA) regulatory Executive Orders 12866 and 13563 mechanism of action. Because some controls and administrative, civil and patients with epilepsy do not achieve criminal sanctions applicable to the In accordance with 21 U.S.C. 811(a), satisfactory seizure control from manufacture, distribution, dispensing, this scheduling action is subject to treatments currently in use, the importing and exporting of a Schedule formal rulemaking procedures done ‘‘on availability of ezogabine becomes an V controlled substance, including the the record after opportunity for a important and potentially life-saving following: hearing,’’ which are conducted pursuant option for such patients. Thus, for Registration. Any person who to the provisions of 5 U.S.C. 556 and public health reasons pursuant to 21 manufactures, distributes, dispenses, 557. The CSA sets forth the criteria for CFR 1308.45 and based on finding good imports, exports, engages in research or scheduling a drug or other substance. cause pursuant to 5 U.S.C. 553(d)(3) as conducts instructional activities with Such actions are exempt from review by outlined, this final rule is effective upon ezogabine, or who desires to the Office of Management and Budget publication in the Federal Register. manufacture, distribute, dispense, pursuant to Section 3(d)(1) of Executive import, export, engage in research or Order 12866 and the principles Scheduling Conclusion conduct instructional activities with reaffirmed in Executive Order 13563. Based on consideration of the ezogabine, must be registered to conduct Executive Order 12988 scientific and medical evaluation and such activities pursuant to 21 U.S.C. 822 accompanying recommendation of HHS, and in accordance with 21 CFR Part This regulation meets the applicable and based on DEA’s consideration of its 1301. standards set forth in Sections 3(a) and own eight-factor analysis, DEA finds Security. Ezogabine is subject to 3(b)(2) of Executive Order 12988 Civil that these facts and all relevant data Schedules III–V security requirements Justice Reform to eliminate ambiguity, constitute substantial evidence of and must be manufactured, distributed, minimize litigation, establish clear legal potential for abuse of ezogabine. As and stored pursuant to 21 U.S.C. 823 standards, and reduce burden. such, DEA will schedule ezogabine as a and in accordance with 21 CFR 1301.71, Executive Order 13132 controlled substance under the CSA. 1301.72(b), (c), and (d), 1301.73, This rulemaking does not preempt or Determination of Appropriate Schedule 1301.74, 1301.75(b) and (c), 1301.76, and 1301.77. modify any provision of state law or impose enforcement responsibilities on The CSA establishes five schedules of Labeling and Packaging. All labels any state or diminish the power of any controlled substances known as and labeling for commercial containers state to enforce its own laws. Schedules I, II, III, IV, and V. The statute of ezogabine which are distributed on or Accordingly, this rulemaking does not outlines the findings required to place a after the effective date of this final rule have federalism implications warranting drug or other substance in any must be in accordance with 21 CFR the application of Executive Order particular schedule. 21 U.S.C. 812(b). 1302.03–1302.07, pursuant to 21 U.S.C. 13132. After consideration of the analysis and 825. recommendation of the Assistant Inventory. Every registrant required to Executive Order 13175 Secretary for Health of HHS and review keep records and who possesses any of all available data, the Administrator This rule will not have tribal quantity of ezogabine must keep an of DEA, pursuant to 21 U.S.C. 812(b)(5), implications and will not impose inventory of all stocks of ezogabine on finds that: substantial direct compliance costs on hand pursuant to 21 U.S.C. 827 and in (1) Ezogabine has a low potential for Indian tribal governments. accordance with 21 CFR 1304.03, abuse relative to the drugs or other 1304.04, and 1304.11. Every registrant Paperwork Reduction Act of 1995 substances in Schedule IV. The overall who desires registration in Schedule V abuse potential of ezogabine is This action does not impose a new for ezogabine must conduct an comparable to the Schedule V collection of information under the inventory of all stocks of the substance substances such as pregabalin and Paperwork Reduction Act of 1995, 44 on hand at the time of registration. lacosamide; U.S.C. 3501–3521. Records. All registrants must keep (2) Ezogabine has a currently accepted Congressional Review Act medical use in treatment in the United records pursuant to 21 U.S.C. 827 and States. Ezogabine was approved for in accordance with 21 CFR 1304.03, This rule is not a major rule as marketing by FDA as an adjunct 1304.04, 1304.06, 1304.21, 1304.22, and defined by § 804 of the Small Business treatment of partial onset seizures; and 1304.23. Regulatory Enforcement Fairness Act of (3) Abuse of ezogabine may lead to Prescriptions. Ezogabine or products 1996 (Congressional Review Act). This limited physical dependence or containing ezogabine must be rule will not result in an annual effect psychological dependence relative to distributed or dispensed pursuant to 21 on the economy of $100,000,000 or the drugs or other substances in U.S.C. 829 and in accordance with 21 more, a major increase in costs or prices, Schedule IV. CFR 1306.03–1306.06, 1306.08, 1306.21, or significant adverse effects on Based on these findings, the and 1306.23–1306.27. competition, employment, investment, Administrator of DEA concludes that Importation and Exportation. All productivity, innovation, or on the ezogabine, including its salts, isomers importation and exportation of ability of United States-based and salts of isomers, whenever the ezogabine must be done in accordance companies to compete with foreign existence of such salts, isomers, and with 21 CFR Part 1312, pursuant to 21 based companies in domestic and salts of isomers is possible, warrants U.S.C. 952, 953, 957, and 958. export markets. Criminal Liability. Any activity with control in Schedule V of the CSA (21 List of Subjects in 21 CFR Part 1308 U.S.C. 812(b)(5)). ezogabine not authorized by, or in violation of, Subchapter I Part D and Administrative practice and Requirements for Handling Ezogabine Subchapter II of the CSA or the CSIEA procedure, Drug traffic control, Upon the effective date of this final occurring on or after the effective date Reporting and recordkeeping rule, ezogabine is subject to the CSA of this final rule is unlawful. requirements.

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For the reasons set out above, 21 CFR Administration, Operations Support rulemaking is promulgated under the Part 1308 is amended as follows: Group, Western Service Center, 1601 authority described in Subtitle VII, Part Lind Avenue SW., Renton, WA 98057; A, Subpart I, Section 40103. Under that PART 1308—SCHEDULES OF telephone (425) 203–4537. section, the FAA is charged with CONTROLLED SUBSTANCES SUPPLEMENTARY INFORMATION: prescribing regulations to assign the use of airspace necessary to ensure the ■ 1. The authority citation for 21 CFR History safety of aircraft and the efficient use of Part 1308 continues to read as follows: On October 12, 2011, the FAA airspace. This regulation is within the Authority: 21 U.S.C. 811, 812, 871(b), published in the Federal Register a scope of that authority as it creates unless otherwise noted. notice of proposed rulemaking to additional controlled airspace at modify controlled airspace at The Columbia Gorge Regional/The Dalles ■ 2. Section 1308.15 is amended by Dalles, OR (76 FR 63235). Interested Municipal Airport, The Dalles, OR. redesignating paragraphs (e)(1) and (2) parties were invited to participate in List of Subjects in 14 CFR Part 71 as paragraphs (e)(2) and (3), and adding this rulemaking effort by submitting a new paragraph (e)(1) to read as written comments on the proposal to the follows: Airspace, Incorporation by reference, FAA. No comments were received. Navigation (air). § 1308.15 Schedule V. Class E airspace designations are Adoption of the Amendment * * * * * published in paragraph 6005, of FAA Order 7400.9V dated August 9, 2011, (e) * * * In consideration of the foregoing, the (1) Ezogabine [N-[2-amino-4-(4- and effective September 15, 2011, which is incorporated by reference in 14 CFR Federal Aviation Administration fluorobenzylamino)-phenyl]-carbamic acid amends 14 CFR part 71 as follows: ethyl ester]–2779 71.1. The Class E airspace designations * * * * * listed in this document will be PART 71—DESIGNATION OF CLASS A, published subsequently in that Order. Dated: December 8, 2011. B, C, D AND E AIRSPACE AREAS; AIR Michele M. Leonhart, The Rule TRAFFIC SERVICE ROUTES; AND REPORTING POINTS Administrator. This action amends Title 14 Code of [FR Doc. 2011–32172 Filed 12–14–11; 8:45 am] Federal Regulations (14 CFR) Part 71 by ■ 1. The authority citation for 14 CFR BILLING CODE 4410–09–P modifying Class E airspace extending upward from 700 feet above the surface, part 71 continues to read as follows: at Columbia Gorge Regional/The Dalles Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DEPARTMENT OF TRANSPORTATION Municipal Airport, to accommodate IFR aircraft executing RNAV (GPS) standard 1963 Comp., p. 389. Federal Aviation Administration instrument approach procedures at the § 71.1 [Amended] airport. This also notes the airport’s 14 CFR Part 71 name change from The Dalles Municipal ■ 2. The incorporation by reference in Airport to Columbia Gorge Regional/The 14 CFR 71.1 of the Federal Aviation [Docket No. FAA–2011–0893; Airspace Dalles Municipal Airport. This action is Administration Order 7400.9V, Airspace Docket No. 11–ANM–18] necessary for the safety and Designations and Reporting Points, management of IFR operations. dated August 9, 2011, and effective Modification of Class E Airspace; The The FAA has determined this Dalles, OR September 15, 2011 is amended as regulation only involves an established follows: body of technical regulations for which AGENCY: Federal Aviation Paragraph 6005 Class E airspace areas Administration (FAA), DOT. frequent and routine amendments are necessary to keep them operationally extending upward from 700 feet or more above the surface of the earth. ACTION: Final rule. current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ * * * * * SUMMARY: This action modifies Class E under Executive Order 12866; (2) is not airspace at The Dalles, OR. Controlled ANM OR E5 The Dalles, OR [Modified] a ‘‘significant rule’’ under DOT airspace is necessary to accommodate Columbia Gorge Regional/The Dalles Regulatory Policies and Procedures (44 aircraft using Area Navigation (RNAV) Municipal Airport, OR FR 11034; February 26, 1979); and (3) ° ′ ″ ° ′ ″ Global Positioning System (GPS) (Lat. 45 37 07 N., long. 121 10 02 W.) does not warrant preparation of a standard instrument approach Klickitat VOR/DME regulatory evaluation as the anticipated (Lat. 45°42′49″ N., long. 121°06′03″ W.) procedures at Columbia Gorge Regional/ impact is so minimal. Since this is a The Dalles Municipal Airport. This That airspace extending upward from 700 routine matter that will only affect air feet above the surface within a 12.9-mile action also changes the airport name. traffic procedures and air navigation, it radius of Columbia Gorge Regional/The This improves the safety and is certified this rule, when promulgated, Dalles Municipal Airport; that airspace management of Instrument Flight Rules will not have a significant economic extending upward from 1,200 feet above the (IFR) operations at the airport. surface within a 20.1-mile radius of the VOR/ impact on a substantial number of small ° DATES: Effective date, 0901 UTC, April entities under the criteria of the DME extending clockwise from the 088 radial to the 272° radial. 5, 2012. The Director of the Federal Regulatory Flexibility Act. The FAA’s Register approves this incorporation by authority to issue rules regarding Issued in Seattle, Washington, on reference action under 1 CFR part 51, aviation safety is found in Title 49 of the December 6, 2011. subject to the annual revision of FAA U.S. Code. Subtitle 1, Section 106 Johanna Forkner, Order 7400.9 and publication of discusses the authority of the FAA Acting Manager, Operations Support Group, conforming amendments. Administrator. Subtitle VII, Aviation Western Service Center. FOR FURTHER INFORMATION CONTACT: Programs, describes in more detail the [FR Doc. 2011–32043 Filed 12–14–11; 8:45 am] Eldon Taylor, Federal Aviation scope of the agency’s authority. This BILLING CODE 4910–13–P

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PENSION BENEFIT GUARANTY published on PBGC’s Web site (http:// PBGC has determined that notice and CORPORATION www.pbgc.gov). public comment on this amendment are The interest assumptions in Appendix impracticable and contrary to the public 29 CFR Parts 4022 and 4044 B to Part 4044 are used to value benefits interest. This finding is based on the for allocation purposes under ERISA need to determine and issue new Allocation of Assets in Single- section 4044. PBGC uses the interest interest assumptions promptly so that Employer Plans; Benefits Payable in assumptions in Appendix B to Part 4022 the assumptions can reflect current Terminated Single-Employer Plans; to determine whether a benefit is market conditions as accurately as Interest Assumptions for Valuing and payable as a lump sum and to determine possible. Paying Benefits the amount to pay. Appendix C to Part Because of the need to provide AGENCY: Pension Benefit Guaranty 4022 contains interest assumptions for immediate guidance for the valuation Corporation. private-sector pension practitioners to and payment of benefits under plans with valuation dates during January ACTION: Final rule. refer to if they wish to use lump-sum interest rates determined using PBGC’s 2012, PBGC finds that good cause exists SUMMARY: This final rule amends the historical methodology. Currently, the for making the assumptions set forth in Pension Benefit Guaranty Corporation’s rates in Appendices B and C of the this amendment effective less than 30 regulations on Benefits Payable in benefit payment regulation are the same. days after publication. Terminated Single-Employer Plans and The interest assumptions are intended PBGC has determined that this action Allocation of Assets in Single-Employer to reflect current conditions in the is not a ‘‘significant regulatory action’’ Plans to prescribe interest assumptions financial and annuity markets. under the criteria set forth in Executive under the benefit payments regulation Assumptions under the asset allocation Order 12866. for valuation dates in January 2012 and regulation are updated quarterly; Because no general notice of proposed interest assumptions under the asset assumptions under the benefit payments rulemaking is required for this allocation regulation for valuation dates regulation are updated monthly. This amendment, the Regulatory Flexibility in the first quarter of 2012. The interest final rule updates the benefit payments Act of 1980 does not apply. See 5 U.S.C. assumptions are used for valuing and interest assumptions for January 2012 601(2). paying benefits under terminating and updates the asset allocation interest List of Subjects single-employer plans covered by the assumptions for the first quarter pension insurance system administered (January through March) of 2012. 29 CFR Part 4022 by PBGC. The first quarter 2012 interest Employee benefit plans, Pension DATES: Effective January 1, 2012. assumptions under the allocation insurance, Pensions, Reporting and FOR FURTHER INFORMATION CONTACT: regulation will be 3.74 percent for the recordkeeping requirements. Catherine B. Klion first 20 years following the valuation 29 CFR Part 4044 ([email protected]), Manager, date and 3.70 percent thereafter. In Regulatory and Policy Division, comparison with the interest Employee benefit plans, Pension Legislative and Regulatory Department, assumptions in effect for the fourth insurance, Pensions. Pension Benefit Guaranty Corporation, quarter of 2011, these interest In consideration of the foregoing, 29 1200 K Street NW., Washington, DC assumptions represent no change in the CFR parts 4022 and 4044 are amended 20005, (202) 326–4024. (TTY/TDD users select period (the period during which as follows: may call the Federal relay service toll the select rate (the initial rate) applies), free at 1 (800) 877–8339 and ask to be a decrease of 0.33 percent in the select PART 4022—BENEFITS PAYABLE IN connected to (202) 326–4024.) rate, and a decrease of 0.58 percent in TERMINATED SINGLE-EMPLOYER PLANS SUPPLEMENTARY INFORMATION: PBGC’s the ultimate rate (the final rate). regulations on Allocation of Assets in The January 2012 interest ■ 1. The authority citation for part 4022 Single-Employer Plans (29 CFR Part assumptions under the benefit payments continues to read as follows: 4044) and Benefits Payable in regulation will be 1.25 percent for the Terminated Single-Employer Plans (29 period during which a benefit is in pay Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. CFR Part 4022) prescribe actuarial status and 4.00 percent during any years assumptions—including interest preceding the benefit’s placement in pay ■ 2. In appendix B to part 4022, Rate Set assumptions—for valuing and paying status. In comparison with the interest 219, as set forth below, is added to the plan benefits under terminating single- assumptions in effect for December table. employer plans covered by title IV of 2011, these interest assumptions the Employee Retirement Income represent a decrease of 0.25 percent in Appendix B to Part 4022—Lump Sum Security Act of 1974. The interest the immediate annuity rate and are Interest Rates for PBGC Payments assumptions in the regulations are also otherwise unchanged. * * * * *

For plans with a Immediate Deferred annuities Rate set valuation date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 219 1–1–12 2–1–12 1.25 4.00 4.00 4.00 7 8

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■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 219, as set forth below, is added to the Interest Rates for Private-Sector table. Payments * * * * *

For plans with a valuation Immediate Deferred annuities Rate set date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 219 1–1–12 2–1–12 1.25 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE–EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS ■ 5. In appendix B to part 4044, a new * * * * * entry for January–March 2012, as set ■ 4. The authority citation for part 4044 forth below, is added to the table. continues to read as follows:

The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

******* January–March 2012 ...... 0.0374 1–20 0.0370 >20 N/A N/A

Issued in Washington, DC, on this 8th day DATES: Effective Date: this rule is Regulatory Information of December 2011. effective in the CFR from December 15, The Coast Guard is issuing this Laricke Blanchard, 2011 until 7 p.m. CST on December 21, temporary final rule without prior Deputy Director for Policy, Pension Benefit 2011. This rule is effective with actual notice and opportunity to comment Guaranty Corporation. notice for purposes of enforcement pursuant to authority under section 4(a) [FR Doc. 2011–32184 Filed 12–14–11; 8:45 am] beginning 7 a.m. on November 22, 2011. of the Administrative Procedure Act BILLING CODE 7709–01–P ADDRESSES: Documents indicated in this (APA) (5 U.S.C. 553(b)). This provision preamble as being available in the authorizes an agency to issue a rule docket are part of docket USCG–2011– without prior notice and opportunity to DEPARTMENT OF HOMELAND 1087 and are available online by going comment when the agency for good cause finds that those procedures are SECURITY to http://www.regulations.gov, selecting ‘‘impracticable, unnecessary, or contrary the Advanced Docket Search option on Coast Guard to the public interest.’’ Under 5 U.S.C. the right side of the screen, inserting 553(b)(B), the Coast Guard finds that USCG–2011–1087 in the Docket ID box, 33 CFR Part 165 good cause exists for not using the pressing Enter, and then clicking on the NPRM process. The Coast Guard [Docket No. USCG–2011–1087] item in the Docket ID column. They are received notice that bridge span also available for inspection or copying movement operations would take place RIN 1625–AA00 at the Docket Management Facility (M– on November 22, 2011. This short notice 30), U.S. Department of Transportation, did not allow for the time needed to Safety Zone; Upper Mississippi River, West Building Ground Floor, Room Mile 389.4 to 403.1 publish a NPRM and provide for a W12–140, 1200 Avenue SE., comment period. The Coast Guard AGENCY: Coast Guard, DHS. Washington, DC 20590, between 9 a.m. determined that a safety zone is and 5 p.m., Monday through Friday, ACTION: Temporary final rule. necessary to protect vessels and except Federal holidays. mariners from the hazards associated SUMMARY: The Coast Guard is FOR FURTHER INFORMATION CONTACT: If with transporting the bridge spans. establishing a temporary safety zone for you have questions on this temporary Delaying this rule and the necessary all waters of the Upper Mississippi rule, call or email Chief Petty Officer protections by publishing a NPRM River, from Mile 389.4 to 403.1, Ryan Christensen, Sector Upper would be impracticable and would extending the entire width of the river Mississippi River Response Department unnecessarily delay the bridge span located on the Iowa and border. at telephone (314) 269–2721, email operations. This rule is needed to This safety zone is needed to protect [email protected]. If you protect vessels and mariners from the bridge span movement operations on have questions on viewing the docket, safety hazards associated with the Upper Mississippi River. Entry into call Renee V. Wright, Program Manager, transporting bridge spans in the vicinity this zone is prohibited unless Docket Operations, telephone (202) of Mile 389.4 to 403.1 on the Upper specifically authorized by the Captain of 366–9826. Mississippi River. the Port Upper Mississippi River or a Under 5 U.S.C. 553(d)(3), the Coast designated representative. SUPPLEMENTARY INFORMATION: Guard finds that good cause exists for

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making this rule effective less than 30 by Executive Order 13563, Improving against small entities that question or days after publication in the Federal Regulation and Regulatory Review, and complain about this rule or any policy Register. The Coast Guard received does not require an assessment of or action of the Coast Guard. notice that the bridge spans would be potential costs and benefits under Collection of Information transported and impact navigation on section 6(a)(3) of that Executive Order November 22, 2011. This short notice 12866 or under section 1 of Executive This rule calls for no new collection did not allow for a 30 day notice period. Order 13563. The Office of Management of information under the Paperwork The Coast Guard determined that a and Budget has not reviewed it under Reduction Act of 1995 (44 U.S.C. 3501– safety zone is necessary to protect those Orders. 3520). vessels and mariners from the hazards Small Entities Federalism associated with transporting the bridge spans. Delaying the rule’s effective date Under the Regulatory Flexibility Act A rule has implications for federalism would be impracticable because (5 U.S.C. 601–612), we have considered under Executive Order 13132, immediate action is needed to protect whether this rule would have a Federalism, if it has a substantial direct vessels and mariners from the safety significant economic impact on a effect on State or local governments and hazards associated with transporting substantial number of small entities. would either preempt State law or bridge spans in the vicinity of Mile The term ‘‘small entities’’ comprises impose a substantial direct cost of 389.4 to 403.1 on the Upper Mississippi small businesses, not-for-profit compliance on them. We have analyzed River. organizations that are independently this rule under that Order and have owned and operated and are not determined that it does not have Basis and Purpose dominant in their fields, and implications for federalism. governmental jurisdictions with On November 22, 2011, Ames Unfunded Mandates Reform Act Construction will be transporting bridge populations of less than 50,000. spans between Mile 389.4 to 403.1 on The Coast Guard certifies under 5 The Unfunded Mandates Reform Act the Upper Mississippi River located on U.S.C. 605(b) that this rule will not have of 1995 (2 U.S.C. 1531–1538) requires the Iowa and Illinois border. This event a significant economic impact on a Federal agencies to assess the effects of presents safety hazards to the navigation substantial number of small entities. their discretionary regulatory actions. In of vessels between Mile 389.4 to 403.1, This rule will affect the following particular, the Act addresses actions extending the entire width of the river. entities, some of which may be small that may result in the expenditure by a entities: The owners or operators of State, local, or tribal government, in the Discussion of Rule vessels intending to transit the Upper aggregate, or by the private sector of The Coast Guard is establishing a Mississippi River on the Iowa and $100,000,000 or more in any one year. temporary safety zone for all waters of Illinois border between Mile 389.4 to Though this rule will not result in such the Upper Mississippi River, Mile 389.4 403.1, from 7 a.m. on November 22, expenditure, we do discuss the effects of to 403.1, extending the entire width of 2011 through 7 p.m. CST on December this rule elsewhere in this preamble. the river and located on the Iowa and 21, 2011. This safety zone will not have Taking of Private Property Illinois border. Entry into this zone is a significant economic impact on a prohibited to all vessels and persons substantial number of small entities This rule will not affect a taking of except participants and those persons because this rule will only be in effect private property or otherwise have and vessels specifically authorized by for a limited period of time. taking implications under Executive the Captain of the Port Upper If you are a small business entity and Order 12630, Governmental Actions and Mississippi River. This rule is effective are significantly affected by this Interference with Constitutionally from 7 a.m. on November 22, 2011 regulation, please contact Chief Petty Protected Property Rights. Officer Ryan Christensen, Sector Upper through 7 p.m. CST on December 21, Civil Justice Reform 2011. The currently scheduled date for Mississippi River at (314) 269–2721. This rule meets applicable standards bridge span operations and enforcement Assistance for Small Entities of this rule is November 22, 2011. Dates in sections 3(a) and 3(b)(2) of Executive of bridge span operations may change Under section 213(a) of the Small Order 12988, Civil Justice Reform, to within the November 22, 2011 through Business Regulatory Enforcement minimize litigation, eliminate December 21, 2011 effective period for Fairness Act of 1996 (Pub. L. 104–121), ambiguity, and reduce burden. we offer to assist small entities in this rule. The Captain of the Port Upper Protection of Children Mississippi River will inform the public understanding the rule so that they can through broadcast notice to mariners of better evaluate its effects on them and We have analyzed this rule under all safety zone requirements, changes, participate in the rulemaking process. Executive Order 13045, Protection of and enforcement periods. Small businesses may send comments Children from Environmental Health on the actions of Federal employees Risks and Safety Risks. This rule is not Regulatory Analyses who enforce, or otherwise determine an economically significant rule and We developed this rule after compliance with, Federal regulations to does not create an environmental risk to considering numerous statutes and the Small Business and Agriculture health or risk to safety that may executive orders related to rulemaking. Regulatory Enforcement Ombudsman disproportionately affect children. and the Regional Small Business Below we summarize our analyses Indian Tribal Governments based on 13 of these statutes or Regulatory Fairness Boards. The executive orders. Ombudsman evaluates these actions This rule does not have tribal annually and rates each agency’s implications under Executive Order Regulatory Planning and Review responsiveness to small businesses. If 13175, Consultation and Coordination This rule is not a significant you wish to comment on actions by with Indian Tribal Governments, regulatory action under section 3(f) of employees of the Coast Guard, call because it does not have a substantial Executive Order 12866, Regulatory 1–(888) REG–FAIR (1–(888) 734–3247). direct effect on one or more Indian Planning and Review, as supplemented The Coast Guard will not retaliate tribes, on the relationship between the

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Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 Dated: November 22, 2011. or on the distribution of power and Harbors, Marine safety, Navigation B.L. Black, responsibilities between the Federal (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the Government and Indian tribes. requirements, Security measures, Port Upper Mississippi River. [FR Doc. 2011–32137 Filed 12–14–11; 8:45 am] Energy Effects Waterways. For the reasons discussed in the BILLING CODE 9110–04–P We have analyzed this rule under preamble, the Coast Guard amends 33 Executive Order 13211, Actions CFR Part 165 as follows: Concerning Regulations That ENVIRONMENTAL PROTECTION Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION AGENCY Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS determined that it is not a ‘‘significant 40 CFR Parts 52 and 81 ■ 1. The authority citation for part 165 energy action’’ under that Order because [EPA–R04–OAR–2010–0937–201164; FRL– it is not a ‘‘significant regulatory action’’ continues to read as follows: 9506–3] under Executive Order 12866 and is not Authority: 33 U.S.C. 1231; 46 U.S.C. likely to have a significant adverse effect Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Approval and Promulgation of on the supply, distribution, or use of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Implementation Plans and Designation Pub. L. 107–295, 116 Stat. 2064; Department of Areas for Air Quality Planning energy. The Administrator of the Office of Homeland Security Delegation No. 0170.1. of Information and Regulatory Affairs Purposes; Kentucky; Redesignation of has not designated it as a significant ■ 2. A new temporary § 165.T08–1087 is the Kentucky Portion of the Cincinnati- energy action. Therefore, it does not added to read as follows: Hamilton, OH-KY-IN 1997 Annual Fine require a Statement of Energy Effects Particulate Matter Nonattainment Area § 165.T08–1087 Safety Zone; Upper to Attainment under Executive Order 13211. Mississippi River, Mile 389.4 to 403.1. Technical Standards (a) Location. The following area is a AGENCY: Environmental Protection safety zone: All waters of the Upper Agency (EPA). The National Technology Transfer Mississippi River, Mile 389.4 to 403.1, ACTION: Final rule. and Advancement Act (NTTAA) (15 extending the entire width of the SUMMARY: EPA is taking final action to U.S.C. 272 note) directs agencies to use waterway and located on the Iowa and approve a request submitted on January voluntary consensus standards in their Illinois border. regulatory activities unless the agency (b) Effective date. This rule is effective 27, 2011, from the Commonwealth of provides Congress, through the Office of from 7 a.m. on November 22, 2011 Kentucky, through the Kentucky Energy Management and Budget, with an through 7 p.m. CST on December 21, and Environment Cabinet, Division for explanation of why using these 2011. Air Quality (DAQ), to redesignate the standards would be inconsistent with (c) Periods of Enforcement. This rule Kentucky portion of the Cincinnati- applicable law or otherwise impractical. will be enforced during bridge span Hamilton, -Kentucky- Voluntary consensus standards are operations scheduled for 7 a.m. through (hereafter referred to as the ‘‘Tri-state technical standards (e.g., specifications 12:00 noon CST on November 22, 2011. Cincinnati-Hamilton Area’’) fine of materials, performance, design, or Additional bridge span operations occur particulate matter (PM2.5) nonattainment operation; test methods; sampling within the period from November 22, area to attainment for the 1997 Annual procedures; and related management 2011 through December 21, 2011. The PM2.5 National Ambient Air Quality systems practices) that are developed or Captain of the Port Upper Mississippi Standards (NAAQS). The Tri-state adopted by voluntary consensus River will inform the public of the Cincinnati-Hamilton Area is comprised standards bodies. This rule does not use enforcement periods, planned dates of of Boone, Campbell, and Kenton technical standards. Therefore, we did bridge span operations and any safety Counties in Kentucky (hereafter referred not consider the use of voluntary zone changes through broadcast notice to as the ‘‘Northern Kentucky Area’’ or consensus standards. to mariners. ‘‘Area’’); Butler, Clermont, Hamilton, (d) Regulations. (1) In accordance and Warren Counties in Ohio; and a Environment with the general regulations in § 165.23 portion of Dearborn County in Indiana. of this part, entry into this zone is EPA’s approval of the redesignation We have analyzed this rule under prohibited unless authorized by the request is based on the determination Commandant Instruction M16475.lD, Captain of the Port Upper Mississippi that Kentucky has met the criteria for which guides the Coast Guard in River or a designated representative. redesignation to attainment set forth in complying with the National (2) Persons or vessels requiring entry the Clean Air Act (CAA or Act). Environmental Policy Act of 1969 into or passage through the zone must Additionally, EPA is approving a (NEPA) (42 U.S.C. 4321–4370f), and request permission from the Captain of revision to the Kentucky State have concluded that there are no factors the Port Upper Mississippi River or a Implementation Plan (SIP) to include in this case that would limit the use of designated representative. The Captain the 1997 Annual PM2.5 maintenance a categorical exclusion under section of the Port Upper Mississippi River plan for the Northern Kentucky Area 2.B.2 of the Instruction. Therefore, this representative may be contacted at (314) that contains the new 2015 and 2021 rule is categorically excluded, under 269–2332. motor vehicle emission budgets figure 2–1, paragraph (34)(g), of the (3) All persons and vessels shall (MVEBs) for nitrogen oxides (NOX) and Instruction. This rule establishes a comply with the instructions of the PM2.5 for that Area. On December 9, temporary safety zone. Captain of the Port Upper Mississippi 2010, and January 25, 2011, An environmental analysis checklist River or their designated representative. respectively, Ohio and Indiana and a categorical exclusion Designated Captain of the Port submitted requests to redesignate their determination are required for this rule, representatives include United States portion of the Tri-state Cincinnati- and will be provided as indicated in the Coast Guard commissioned, warrant, Hamilton Area to attainment for the ADDRESSES Section. and petty officers. 1997 PM2.5 NAAQS. EPA is taking

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action on the requests from Ohio and Division, U.S. Environmental Protection V. What are the effects of these actions? Indiana in an action separate from this Agency, Region 4, 61 Forsyth Street VI. Final Action final action. This action also approves SW., Atlanta, Georgia 30303–8960. EPA VII. Statutory and Executive Order Reviews the emissions inventory submitted with requests that if at all possible, you I. What is the background for the the maintenance plan. Additionally, contact the person listed in the FOR actions? EPA is responding to comments FURTHER INFORMATION CONTACT section to received on EPA’s October 21, 2011, schedule your inspection. The Regional On January 27, 2011, Kentucky, proposed rulemaking. Office’s official hours of business are through DAQ, submitted a request to Monday through Friday, 8:30 to 4:30, redesignate the Northern Kentucky Area DATES: Effective Date: This rule will be excluding Federal holidays. to attainment for the 1997 Annual PM2.5 effective December 15, 2011. FOR FURTHER INFORMATION CONTACT: NAAQS and for EPA approval of the ADDRESSES: EPA has established a Madolyn Dominy or Joel Huey, Kentucky SIP revision containing a docket for this action under Docket Regulatory Development Section, Air maintenance plan for the Area. In an Identification No. EPA–R04–OAR– Planning Branch, Air, Pesticides and action published on October 21, 2011 2010–0937. All documents in the docket Toxics Management Division, U.S. (76 FR 65458), EPA proposed approval are listed on the www.regulations.gov Environmental Protection Agency, of Kentucky’s plan for maintaining the Web site. Although listed in the index, Region 4, 61 Forsyth Street SW., 1997 Annual PM2.5 NAAQS, including some information is not publicly Atlanta, Georgia 30303–8960. Madolyn the emissions inventory submitted available, i.e., Confidential Business Dominy may be reached by phone at pursuant to CAA section 172(c)(3); and Information or other information whose (404) 562–9644 or via electronic mail at the NOX and PM2.5 MVEBs for the disclosure is restricted by statute. [email protected]. Joel Huey Northern Kentucky Area as contained in Certain other material, such as may be reached by phone at (404) 562– the maintenance plan. At that time, EPA copyrighted material, is not placed on 9104 or via electronic mail at also proposed to approve the the Internet and will be publicly [email protected]. redesignation of the Northern Kentucky available only in hard copy form. Area to attainment.1 Additional SUPPLEMENTARY INFORMATION: Publicly available docket materials are background for today’s action is set available either electronically through Table of Contents forth in EPA’s October 21, 2011, proposal. http://www.regulations.gov or in hard I. What is the background for the actions? copy at the Regulatory Development II. What are the actions EPA is taking? The MVEBs, specified in tons per year Section, Air Planning Branch, Air, III. What is EPA’s response to comments? (tpy), included in the maintenance plan Pesticides and Toxics Management IV. Why is EPA taking these actions? are as follows:

TABLE 1—NORTHERN KENTUCKY AREA MVEBS [tpy]

PM2.5 NOX

2015 Mobile Emissions ...... 371.11 6,996.22 2015 Safety Margin Allocation ...... 18.56 1,049.43

2015 Total Mobile Budget ...... 389.67 8,045.65 2021 Mobile Emissions ...... 275.38 6,421.15 2021 Safety Margin Allocation ...... 27.54 963.17

2021 Total Mobile Budget ...... 302.92 7,384.32

In its October 21, 2011, proposed solely with respect to the 1997 Annual summarized in Table 2. The design action, EPA noted that the adequacy PM2.5 NAAQS, for which designations values demonstrate that the Northern public comment period on these MVEBs were finalized on January 5, 2005 (70 FR Kentucky Area (as part of the (as contained in Kentucky’s submittal) 944), and as supplemented on April 14, Cincinnati-Hamilton Area) continues to began on February 14, 2011, and closed 2005 (70 FR 19844). meet the PM2.5 NAAQS and that the EPA reviewed PM2.5 monitoring data on March 16, 2011. No comments were ambient concentrations of PM2.5 are received during the public comment from ambient PM2.5 monitoring stations continuing to decrease in the Area. EPA period. In today’s action, EPA is in the Cincinnati-Hamilton Area from has also reviewed preliminary 2007–2010. These data have been concluding the adequacy process by monitoring data for 2011, which quality-assured and are recorded in Air finding the new MVEBs for the Northern indicate that the Cincinnati-Hamilton Kentucky Area adequate for the Quality System (AQS). The annual Area continues to attain the 1997 PM2.5 purposes of transportation conformity. arithmetic mean PM2.5 concentrations As stated in the October 21, 2011, for 2007–2010 and the 3-year averages NAAQS. These preliminary data are proposal, this redesignation addresses of these values (i.e., design values) for available in the Docket for today’s the Northern Kentucky Area’s status 2007–2009 and 2008–2010 are action although it is not yet certified.

1 On September 29, 2011, at 76 FR 60373, EPA applicable attainment date of April 5, 2010, and standard with monitoring data that was currently determined that the Tri-state Cincinnati-Hamilton that the Area was continuing to attain the PM2.5 available. Area attained the 1997 PM2.5 NAAQS by its

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TABLE 2—DESIGN VALUE CONCENTRATIONS FOR THE TRI-STATE CINCINNATI-HAMILTON AREA FOR THE 1997 ANNUAL 3 PM2.5 NAAQS (μg/m )

Annual mean concentrations 3-Year design values Location County Monitor ID 2007 2008 2009 2010 2007– 2008– 2009 2010

John Hill ...... Campbell, KY ...... 21–037–3002 14.36 11.83 11.34 11.8 12.3 11.6 Dixie ...... Kenton, KY...... 21–117–0007 14.20 11.99 11.04 * 12.1 12.4 11.5 Bonita & St John ...... Butler, OH ...... 39–017–0003 15.40 13.80 12.83 13.6 13.9 13.4 Nilles ...... Butler, OH ...... 39–017–0016 14.94 13.75 13.08 13.5 13.8 13.4 Hook Field ...... Butler, OH ...... 39–017–1004 14.62 n/a n/a n/a 14.6 n/a Clermont Center ...... Clermont, OH ...... 39–025–0022 14.01 11.75 11.01 12.0 12.2 11.6 Grooms ...... Hamilton, OH ...... 39–061–0006 14.63 12.48 12.11 * 12.7 13.1 12.4 Seymour & Vine ...... Hamilton, OH ...... 39–061–0014 16.59 15.06 13.38 14.8 15.0 14.4 WM. Howard Taft ...... Hamilton, OH ...... 39–061–0040 15.09 12.62 12.73 13.3 13.4 12.9 W. 8th ...... Hamilton, OH ...... 36–061–0042 15.90 14.40 13.71 14.5 14.6 14.2 E. Kemper ...... Hamilton, OH ...... 36–061–0043 14.85 13.32 n/a n/a 14.1 n/a Sherman ...... Hamilton, OH...... 39–061–7001 15.09 13.74 12.97 14.1 14.0 13.6 Murray ...... Hamilton, OH ...... 39–016–8001 16.07 14.40 13.40 * 17.6 14.6 n/a Southeast ...... Warren, OH ...... 39–165–0007 13.98 11.92 11.70 11.9 12.4 11.8 * Design value does not meet data completeness requirements due to closure or start-up of the monitoring stations.

II. What are the actions EPA is taking? For required regional emissions analysis redesignation does not relax any In today’s rulemaking, EPA is years that involve 2021 or beyond, the existing control requirements, nor does approving: (1) Kentucky’s emissions applicable budgets will be the new 2021 it alter any existing control inventory, which was submitted MVEBs. requirements. On that basis, EPA concludes that this redesignation will pursuant to CAA section 172(c)(3); III. What is EPA’s response to not interfere with attainment or (2) Kentucky’s 1997 Annual PM2.5 comments? maintenance plan (such approval being maintenance of any of these air quality EPA received one set of comments on standards. The Commenter does not one of the CAA criteria for redesignation the October 21, 2011, proposed actions to attainment status) for the Northern provide any information in its comment associated with the redesignation of the to indicate that approval of Kentucky’s Kentucky Area, including MVEBs; and, Northern Kentucky Area for the 1997 (3) Kentucky’s redesignation request to redesignation would have any impact Annual PM2.5 NAAQS. A summary of on the Area’s ability to comply with on change the legal designation of Boone, the comments and EPA’s responses are Campbell and Kenton Counties in their the 2006 24-hour PM2.5 NAAQS, the 1- provided below. hour NO NAAQS, the 1-hour SO entireties from nonattainment to X 2 Comment 1: The Commenter states NAAQS or the 2008 75 parts per billion attainment for the 1997 Annual PM 2.5 ‘‘EPA has failed to conduct an adequate ozone NAAQS. Kentucky’s January 27, NAAQS. The maintenance plan is analysis under Clean Air Act Section 2011, redesignation request and designed to demonstrate that the 110(l) on what effect redesignation will maintenance plan for the 1997 annual Northern Kentucky Area will continue have on the 2006 24 hour PM2.5 PM NAAQS does not revise or remove to attain the 1997 Annual PM NAAQS 2.5 2.5 NAAQS, the 1-hour NOX NAAQS, the 1- any existing emissions limit for any through 2021. EPA’s approval of the hour SO2 [sulfur dioxide] NAAQS and NAAQS, or any other existing redesignation request is based on EPA’s the 2008 75 parts per billion ozone substantive SIP provisions. In fact, the determination that the Northern NAAQS.’’ maintenance plan provided with the Kentucky Area meets the criteria for Response 1: Section 110(l) provides in Commonwealth’s submission redesignation set forth in CAA, sections part: ‘‘[t]he Administrator shall not demonstrates a decline in the direct 107(d)(3)(E) and 175A, including EPA’s approve a revision of a plan if the PM2.5 and PM2.5 precursor (e.g., NOX determination that the Northern revision would interfere with any and SO2) emissions over the timeframe Kentucky Area has attained the 1997 applicable requirement concerning of the initial maintenance period.2 For Annual PM2.5 NAAQS. EPA’s analyses attainment and reasonable further these reasons, EPA disagrees that the of Kentucky’s redesignation request, progress * * *, or any other applicable Commenter has identified a rationale on emissions inventory, and maintenance requirement of this chapter.’’ EPA which EPA could disapprove of the SIP plan are described in detail in the disagrees with the Commenter’s revision at issue. October 21, 2011, proposed rule (76 FR assertion that EPA did not consider Comment 2: The Commenter states 65458). 110(l) in terms of the October 21, 2011, that ‘‘EPA has not established that any Consistent with the CAA, the proposed action. As a general matter, of the emission reductions did not come maintenance plan that EPA is approving EPA must and does consider section from the NOX SIP Call, CAIR [Clean Air also includes 2015 and 2021 MVEBs for 110(l) requirements with action on each Interstate Rule] and CSAPR [Cross State NOX and PM2.5 for the Northern SIP revision, although EPA does not Air Pollution Rule]. Emission Kentucky Area. In this action, EPA is interpret section 110(l) as requiring a approving these NOX and PM2.5 MVEBs full attainment demonstration for every 2 EPA notes that the Cincinnati/Northern for the purposes of transportation SIP revision. See, e.g., 70 FR 53, 57 Kentucky Area does not have violating monitors for conformity. For required regional (January 3, 2005); 70 FR 17029, 17033 the 2006 24-hour PM2.5 NAAQS, the 1-hour NOX emissions analysis years involving 2015 NAAQS, or the 1-hour SO2 NAAQS, and that this (April 4, 2005); 70 FR 28429, 28431 Area has never been designated nonattainment for and prior to 2021, the applicable (May 18, 2005); and 70 FR 58119, 58134 2006 24-hour PM2.5 NAAQS, the 1-hour NOX budgets will be the new 2015 MVEBs. (October 5, 2005). However, the NAAQS, or the 1-hour SO2 NAAQS.

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reductions pursuant to these programs variability limit). As explained in EPA’s program so they start in 2014 instead of are not permanent and enforceable proposed redesignation notice for the 2012. 76 FR 63860 (October 14, 2011). because these programs are cap and Northern Kentucky Area, the emission As explained in the proposal, which trade programs. Any source which reduction requirements of CAIR are was subject to public review and reduced its actual emissions pursuant to enforceable through the 2011 control comment, this revision would promote one of these trading programs could at period, and because CSAPR has now the development of allowance market any time in the future choose to increase been promulgated to address the liquidity, thereby smoothing the their emissions by purchasing emission requirements previously addressed by transition from the CAIR programs to credits.’’ The Commenter further opines CAIR and gets similar or greater the CSAPR programs in 2012. As further that ‘‘[t]his problem is worsened by reductions in the relevant areas in 2012 explained in the proposal, the proposed EPA’s recent proposal to all[ow] and beyond, EPA considers the revisions: increased trading under CSAPR until emission reductions that led to Would not affect, in any way, the 2014.’’ attainment in the Northern Kentucky requirements of the rule in 2014 and beyond. Response 2: Contrary to the Area to be permanent and enforceable. EPA is proposing only a short postponement Commenter’s statement, EPA did The emission ceilings within each state of the assurance penalty provisions to ensure establish in the proposal notice that at are a permanent requirement of the a smooth transition from CAIR to the least part of the emission reductions CSAPR and are made enforceable Transport Rule programs. EPA believes that, that helped the area achieve attainment through the associated Federal notwithstanding postponement of the came from programs other than the NOX Implementation Plans. assurance penalty provisions, the states SIP Call, CAIR and CSAPR. The notice EPA responded to a similar comment covered by the Transport Rule programs will lists several permanent and enforceable in its ‘‘Approval and Promulgation of still achieve the emission reductions in 2012 reductions in emissions resulting from Air Quality Implementation Plans; and 2013 necessary to eliminate each state’s significant contribution to nonattainment and implementation of the Kentucky SIP, Redesignation of the Evansville area to interference with maintenance identified in applicable Federal air pollution control attainment of the Fine Particulate Matter the final Transport Rule (with the revisions regulations, and other reductions that Standard.’’ 76 FR 59527, 59529, included in this proposal). The highly are not ‘‘cap and trade’’ programs. Those September 27, 2011. In that notice, EPA detailed state-specific bases on which programs include Tier 2 vehicle discusses several factors which support individual state budgets were determined standards, heavy-duty gasoline and EPA’s determination that the SO2 using the approach and methodologies diesel highway vehicle standards, reductions in the Evansville area are developed in the final Transport Rule, and nonroad spark-ignition engines and permanent and enforceable and which included in the record for the Transport Rule, recreational engines standards, large also apply to the Northern Kentucky together with the derivation of the variability nonroad diesel engine standards, open Area. First, given the mandates under limits from historic data reflecting state-level year-to-year variation in power sector burning bans, and fugitive emissions CSAPR, any utility that has already emissions, support EPA’s belief. See 76 FR at standards. See 76 FR 65465. spent the hundreds of millions of 63871. Further, EPA disagrees with the dollars to install scrubbers will find Commenter’s conclusion that emission continued effective operation of those Further, Kentucky’s maintenance plan reductions associated with trading controls to be far more cost-effective provides for verification of continued programs such as the NOX SIP Call, than disregarding this investment and attainment by performing future reviews CAIR, and CSAPR are not permanent either expending similar capital of triennial emissions inventories and and enforceable simply because the installing replacement scrubbers also for contingency measures to ensure underlying program is an emissions elsewhere or purchasing credits at a that the NAAQS is maintained into the trading program. The Commenter price equivalent to that capital already future if monitored increases in ambient appears to be arguing that these spent. In short, any utility in a state PM2.5 concentrations occur. See 76 FR reductions cannot be considered covered by CSAPR provisions related to 65469. For this and the above reasons, permanent and enforceable within the PM2.5 that has installed scrubbers is EPA disagrees that the Commenter has meaning of section 107(d)(3)(E)(iii) of almost certain under CSAPR to retain identified a basis on which EPA should the CAA. Section 107(d)(3)(E)(iii) the scrubbers and operate them disapprove this SIP revision. requires that, in order to redesignate an effectively. Second, any action by a Comment 3: The Commenter states area to attainment, the Administrator utility that increases its emissions, that Kentucky does not have fully must determine that ‘‘the improvement requiring the purchase of allowances, approved adequate SIPs due to what the in air quality is due to permanent and necessitates a corresponding reduction Commenter characterizes as an enforceable reductions in emissions by the utility that sells the allowances. ‘‘exemption’’ for excess emissions due resulting from implementation of the Given the regional nature of particulate to malfunction and shutdown in the applicable SIP and applicable federal air matter, this corresponding emission discretion of the director. The pollutant control regulations and other reduction will have an air quality Commenter cites to a number of permanent and enforceable reductions.’’ benefit that will compensate at least in different provisions to support the EPA disagrees with the Commenter’s part for the impact of any emission conclusion that Kentucky’s regulations conclusion that reductions from trading increase from utility companies outside should be revised to ‘‘clearly comply’’ programs cannot be considered Kentucky but near the Kentucky area. with the CAA and EPA guidance permanent and enforceable because Third, in response to the opinion of the (citations also provided) such that all these programs allow individual sources Court of Appeals for the District of excess emissions are violations and to to choose between purchasing emission Columbia Circuit, CSAPR includes preserve the authority of EPA and credits and reducing emissions. assurance provisions to ensure that the citizens to enforce the SIP standards and The final CSAPR allows sources to necessary emission reductions occur limitations. trade allowances with other sources in within each covered state. Response 3: The CAA sets forth the the same or different states while firmly The recent proposed rule revision general criteria for redesignation of an constraining any emissions shifting that referenced by the Commenter would area from nonattainment to attainment may occur by requiring a strict emission amend the CSAPR assurance penalty in Section 107(d)(3)(E). Specifically, ceiling in each state (the budget plus provisions for all states within the that section identifies five main criteria

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including that ‘‘the Administrator has Kentucky has excused violations and IV. Why is EPA taking these actions? fully approved the applicable that such actions result in Kentucky EPA has determined that the Northern implementation plan for the area under failing to meet a requirement for Kentucky Area (as part of the Tri-state section 7410(k) of this title.’’ 42 U.S.C. redesignation. Furthermore, there is no Cincinnati-Hamilton Area) has attained 7407(d)(3)(E)(ii). Although the information provided indicating that the 1997 Annual PM2.5 NAAQS and has Commenter does not specifically cite to even if Kentucky were to excuse such also determined that all other criteria for section 107(d)(3)(E)(ii), the language violations that the violations would not the redesignation of the Northern used in the comment (‘‘fully approved be actionable by EPA or citizens. Kentucky Area from nonattainment to adequate SIP’’) appears to derive from To the contrary, on November 4, 2011, attainment of the 1997 Annual PM2.5 this section of the CAA (and the Kentucky’s Energy and Environment NAAQS have been met. See CAA Commenter does later cite to Cabinet, Department for Environmental section 107(d)(3)(E). One of those 107(d)(3)(E) in the concluding Protection, Division for Air Quality, requirements is that the Northern paragraph of the comment letter. As a explained in a letter to EPA Region 4 Kentucky Area has an approved plan preliminary matter, the issue before EPA that ‘‘The Division would like to make demonstrating maintenance of the 1997 in the current rulemaking action is a clear that no provision in 401 KAR Annual PM2.5 NAAQS. EPA is also redesignation for the Kentucky portion 50:055 prohibits the Director from taking final action to approve the of the Tri-state Cincinnati-Hamilton taking enforcement action for excess maintenance plan for the Northern Area to attainment for the 1997 PM2.5 emissions resulting from startup, Kentucky Area as meeting the standard, including the maintenance shutdown, and malfunction events.’’ requirements of sections 175A and plan. The SIP provisions identified in The letter further states that ‘‘EPA’s 107(d)(3)(E) of the CAA. In addition, the Commenter’s letter are not currently enforcement authorities are established EPA is approving the emissions being proposed for revision as part of pursuant to Section 113 of the CAA, and inventory as meeting the requirements the redesignation submittal. Thus, a determination by the Director does not of section 172(c)(3) of the CAA. Finally, EPA’s review here is limited to whether limit EPA’s authority to take EPA is approving the new NOX and the already approved provisions affect enforcement action. Similarly, Section PM2.5 MVEBs for the years 2015 and any of the requirements for 304 of the CAA provides enforcement 2021 as contained in Kentucky’s redesignation in a manner that would authority requirements to citizens and is maintenance plan for the Northern preclude EPA from approving the not limited by the Director’s Kentucky Area because these MVEBs redesignation request. Because the rules determination.’’ EPA understands that are consistent with maintenance of the cited by the Commenter are not pending the Commenter has other concerns; 1997 Annual PM2.5 standard in the Area. before EPA and/or are not the subject of however, with regard to this issue on The detailed rationale for EPA’s this rulemaking action, EPA did not enforcement authorities, Kentucky’s findings and actions are set forth in the undertake a full SIP review of the November 4, 2011, correspondence proposed rulemaking and in other individual provisions. It has long been addresses the Commenter’s apparent discussion in this final rulemaking. established that EPA may rely on prior misconception.3 SIP approvals in approving a Notably, on June 30, 2011, Sierra Club V. What are the effects of these actions? redesignation request plus any filed a Petition to Find Inadequate and Approval of the redesignation request additional measures it may approve in Correct Several State Implementation changes the legal designation of Boone, conjunction with a redesignation action. Plans under Section 110 of the Clean Campbell and Kenton Counties in their See e.g., page 3 of the September 4, Air Act Due to Startup, Shutdown, entireties from nonattainment to 1992, John Calcagni Memorandum; Malfunction, and/or Maintenance attainment for the 1997 Annual PM2.5 Southwestern Pennsylvania Growth Provisions. EPA has agreed to respond NAAQS. EPA is modifying the Alliance v. Browner, 144 F.3d 984, 989– to this petition by August 31, 2012, as regulatory table in 40 CFR 81.318 to 990 (6th Cir. 1998); Wall v. EPA, 265 part of settlement of a lawsuit. See reflect a designation of attainment for F.3d 426 (6th Cir. 2001); 68 FR 25413, Sierra Club et al. v. Jackson, No. 3:10– these counties. EPA is also approving, 25426 (May 12, 2003). cv–04060–CRB (N.D. Cal). The as a revision to the Kentucky SIP, the Additionally, in the comment the comments regarding start up, shut down Commonwealth’s plan for maintaining word ‘‘adequate’’ was inserted into the and malfunctions submitted on this the 1997 Annual PM2.5 NAAQS in the statement ‘‘fully approved SIP’’ (which redesignation action are identical to the Northern Kentucky Area through 2021. is the language of Section Kentucky-specific portion of the above- The maintenance plan includes 107(d)(3)(E)(ii)) such that the referenced Petition (at pages 39–40). contingency measures to remedy Commenter stated that Kentucky must EPA intends to review those provisions possible future violations of the 1997 have a ‘‘fully approved adequate SIP.’’ consistent with its review of the Annual PM2.5 NAAQS, and establishes The word ‘‘adequate’’ is not included in Petition. At this time, with regard to the NOX and PM2.5 MVEBs for the years Section 107(d)(3)(E)(ii), and its redesignation of the Kentucky portion of 2015 and 2021 for the Northern inclusion alters the plain text of the the Tri-state Cincinnati-Hamilton Area, Kentucky Area. Additionally, this action CAA for that particular provision. Kentucky has a fully approved SIP approves the emissions inventory for Furthermore, while the Commenter consistent with applicable requirements the Northern Kentucky Area pursuant to opines that the eight cited-to provisions and EPA does not agree that the section 172(c)(3) of the CAA. of the Kentucky rules result in a Commenter has raised a basis on which ‘‘regulatory structure that is inconsistent EPA could disapprove of the VI. Final Action with the fundamental requirement that redesignation request at issue. EPA is taking final action to approve all excess emissions be considered the redesignation and change the legal violations,’’ the Commenter does not 3 Although EPA interprets the SIP as indicated by designation of Boone, Campbell, and link this concern with deficiencies in the Commonwealth in its letter, EPA recognizes that Kenton Counties in their entireties from the citations identified by the commenter may not Kentucky’s redesignation submittal for be as clear as would be ideal. EPA encourages the nonattainment to attainment for the the Northern Kentucky Area. There is Commonwealth to clarify the language in any future 1997 Annual PM2.5 NAAQS. Through no information provided indicating that revisions to these provisions of the SIP. this action, EPA is also approving into

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the Kentucky SIP the 1997Annual PM2.5 required by state law. A redesignation to located in the Commonwealth, and EPA maintenance plan for the Northern attainment does not in and of itself notes that it will not impose substantial Kentucky Area, which includes for this impose any new requirements, but direct costs on tribal governments or Area the new MVEBs of 8,045.65 tpy of rather results in the application of preempt tribal law. NOX and 389.67 tpy of PM2.5 for 2015 requirements contained in the CAA for The Congressional Review Act, 5 and 7,384.32 tpy of NOX and 302.92 tpy areas that have been redesignated to U.S.C. 801 et seq., as added by the Small of PM2.5 for 2021. attainment. Moreover, the Administrator Business Regulatory Enforcement Additionally, EPA is approving the is required to approve a SIP submission Fairness Act of 1996, generally provides 2008 emissions inventory for the that complies with the provisions of the that before a rule may take effect, the Northern Kentucky Area pursuant to Act and applicable Federal regulations. agency promulgating the rule must section 172(c)(3) of the CAA. In today’s 42 U.S.C. 7410(k); 40 CFR 52.02(a). submit a rule report, which includes a action, EPA is concluding the adequacy Thus, in reviewing SIP submissions, copy of the rule, to each House of the process by finding the new MVEBs for EPA’s role is to approve state choices, Congress and to the Comptroller General the Northern Kentucky Area adequate provided that they meet the criteria of of the United States. EPA will submit a for the purposes of transportation the CAA. Accordingly, this action report containing this action and other conformity. Within 24 months from the merely approves state law as meeting required information to the U.S. Senate, date of publication for this final action, Federal requirements and does not the U.S. House of Representatives, and the transportation partners are required impose additional requirements beyond the Comptroller General of the United to demonstrate conformity to the new those imposed by state law. For these States prior to publication of the rule in PM2.5 and NOX MVEBs pursuant to 40 reasons, these actions: the Federal Register. A major rule CFR 93.104(e). • Are not a ‘‘significant regulatory cannot take effect until 60 days after it In accordance with 5 U.S.C. 553(d), action’’ subject to review by the Office is published in the Federal Register. EPA finds there is good cause for this of Management and Budget under This action is not a ‘‘major rule’’ as action to become effective immediately Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). upon publication. This is because a October 4, 1993); Under section 307(b)(1) of the CAA, delayed effective date is unnecessary • Do not impose an information petitions for judicial review of this due to the nature of a redesignation to collection burden under the provisions action must be filed in the United States attainment, which relieves the Area of the Paperwork Reduction Act (44 Court of Appeals for the appropriate from certain CAA requirements that U.S.C. 3501 et seq.); circuit by February 13, 2012. Filing a would otherwise apply to it. The • Are certified as not having a petition for reconsideration by the immediate effective date for this action significant economic impact on a Administrator of this final rule does not is authorized under both 5 U.S.C. substantial number of small entities affect the finality of this action for the 553(d)(1), which provides that under the Regulatory Flexibility Act purposes of judicial review nor does it rulemaking actions may become (5 U.S.C. 601 et seq.); extend the time within which a petition effective less than 30 days after • Do not contain any unfunded for judicial review may be filed, and publication if the rule grants or mandate or significantly or uniquely shall not postpone the effectiveness of recognizes an exemption or relieves a affect small governments, as described such rule or action. This action may not restriction, and section 553(d)(3), which in the Unfunded Mandates Reform Act be challenged later in proceedings to allows an effective date less than 30 of 1995 (Pub. L. 104–4); enforce its requirements. (See section days after publication as otherwise • Do not have Federalism 307(b)(2).) provided by the agency for good cause implications as specified in Executive found and published with the rule. The List of Subjects purpose of the 30-day waiting period Order 13132 (64 FR 43255, August 10, 1999); 40 CFR Part 52 prescribed in section 553(d) is to give • affected parties a reasonable time to Are not an economically significant Environmental protection, Air adjust their behavior and prepare before regulatory action based on health or pollution control, Incorporation by the final rule takes effect. Today’s rule, safety risks subject to Executive Order reference, Intergovernmental relations, 13045 (62 FR 19885, April 23, 1997); Reporting and recordkeeping however, does not create any new • regulatory requirements such that Are not a significant regulatory requirements, and Particulate matter. action subject to Executive Order 13211 affected parties would need time to 40 CFR Part 81 prepare before the rule takes effect. (66 FR 28355, May 22, 2001); • Environmental protection, Air Rather, today’s rule relieves the Are not subject to requirements of pollution control, National parks. Commonwealth of various requirements Section 12(d) of the National for the Northern Kentucky Area. For Technology Transfer and Advancement Dated: December 7, 2011. these reasons, EPA finds good cause Act of 1995 (15 U.S.C. 272 note) because Gwendolyn Keyes Fleming, application of those requirements would under 5 U.S.C. 553(d)(3) for this action Regional Administrator, Region 4. to become effective on the date of be inconsistent with the CAA; and, • 40 CFR parts 52 and 81 are amended publication of this action. Do not provide EPA with the discretionary authority to address, as as follows: VII. Statutory and Executive Order appropriate, disproportionate human Reviews health or environmental effects, using PART 52—[AMENDED] Under the CAA, redesignation of an practicable and legally permissible ■ 1. The authority citation for part 52 area to attainment and the methods, under Executive Order 12898 continues to read as follows: accompanying approval of the (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. maintenance plan under CAA section In addition, this final rule does not have 107(d)(3)(E) are actions that affect the tribal implications as specified by Subpart S—Kentucky status of a geographical area and do not Executive Order 13175 (65 FR 67249, impose any additional regulatory November 9, 2000), because the SIP is ■ 2. Section 52.920(e) is amended by requirements on sources beyond those not approved to apply in Indian country adding a new entry ‘‘1997 Annual PM2.5

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Maintenance Plan for the Northern § 52.920 Identification of plan. Kentucky Area’’ at the end of the table * * * * * to read as follows: (e) * * *

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

State submittal Name of non-regulatory SIP Applicable geographic or date/effective EPA approval date Explanations provision nonattainment area date

******* 1997 Annual PM2.5 Mainte- Boone, Campbell and Kenton 1/27/11 12/15/2011. [Insert citation of For the 1997 Annual PM2.5 nance Plan for the Northern Counties (Kentucky portion publication]. NAAQS. Kentucky Area. of the Cincinnati-Hamilton OH-KY-IN Area).

PART 81—[AMENDED] ■ 4. In § 81.318, the table entitled ‘‘Boone County,’’ ‘‘Campbell County,’’ ‘‘Kentucky—PM2.5 (Annual NAAQS)’’ is and ‘‘Kenton County’’ to read as follows: ■ 3. The authority citation for part 81 amended under ‘‘Cincinnati-Hamilton, continues to read as follows: OH-KY-IN’’ by revising the entries for § 81.318 Kentucky. Authority: 42 U.S.C. 7401 et seq. * * * * *

KENTUCKY—PM2.5 [Annual NAAQS]

Designation a Designated area Date 1 Type

Cincinnati-Hamilton, OH-KY-IN:

Boone County ...... This action is effective December 15, 2011 Attainment. Campbell County ...... This action is effective December 15, 2011 Attainment. Kenton County ...... This action is effective December 15, 2011 Attainment.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * * Deplete the Ozone Layer. The DC. The Public Reading Room is open [FR Doc. 2011–32058 Filed 12–14–11; 8:45 am] exemption allows the production and from 8:30 a.m. to 4:30 p.m., Monday BILLING CODE 6560–50–P import of controlled substances in the through Friday, excluding legal United States for laboratory and holidays. The telephone number for the analytical uses that have not been Public Reading Room is (202) 566–1744, ENVIRONMENTAL PROTECTION already identified by EPA as and the telephone number for the Air AGENCY nonessential. and Radiation Docket is (202) 566– 1742). 40 CFR Part 82 DATES: This action is effective on December 15, 2011. FOR FURTHER INFORMATION CONTACT: [EPA–HQ–OAR–2010–0672; FRL–9507–6] ADDRESSES: EPA has established a Jeremy Arling by regular mail: U.S. RIN 2060–AQ39 docket for this action under Docket ID Environmental Protection Agency, No. EPA–HQ–OAR–2010–0672. All Stratospheric Protection Division Protection of Stratospheric Ozone: documents in the docket are listed on (6205J), 1200 Pennsylvania Avenue Extension of the Laboratory and the www.regulations.gov Web site. NW., Washington, DC 20460; by courier Analytical Use Exemption for Essential Although listed in the index, some service or overnight express: 1301 L Class I Ozone-Depleting Substances information is not publicly available, Street NW., Washington, DC 20005; by AGENCY: Environmental Protection e.g., CBI or other information whose telephone: (202) 343–9055; or by email: Agency (EPA). disclosure is restricted by statute. [email protected]. You may also visit the EPA’s Ozone Protection Web ACTION: Final rule. Certain other material, such as copyrighted material, is not placed on site at http://www.epa.gov/ozone/ SUMMARY: EPA is extending the the Internet and will be publicly strathome.html for further information laboratory and analytical use exemption available only in hard copy form. about EPA’s Stratospheric Ozone for the production and import of Class Publicly available docket materials are Protection regulations, the science of I ozone-depleting substances through available either electronically through ozone layer depletion, and other related December 31, 2014. This action is taken http://www.regulations.gov or in hard topics. under the Clean Air Act consistent with copy at the Air and Radiation Docket, SUPPLEMENTARY INFORMATION: Section the recent actions by the Parties to the EPA/DC, EPA West, Room 3334, 1301 553(d) of the Administrative Procedure Montreal Protocol on Substances that Constitution Ave. NW., Washington, Act (APA), 5 U.S.C. Chapter 5, generally

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provides that rules may not take effect K. Congressional Review Act alternatives or substitutes that are earlier than 30 days after they are I. Extension of the Laboratory and acceptable from the standpoint of published in the Federal Register. EPA Analytical Use Exemption environment and health.’’ is issuing this final rule under section Decision X/19 under the Montreal 307(d)(1) of the Clean Air Act, which The Montreal Protocol on Substances Protocol (taken in 1998) allowed a states: ‘‘The provisions of section 553 that Deplete the Ozone Layer (Montreal general exemption for essential through 557 * * * of Title 5 shall not, Protocol, or Protocol) is the laboratory and analytical uses through except as expressly provided in this international agreement to reduce and December 31, 2005. EPA codified this section, apply to actions to which this eventually eliminate the global exemption at 40 CFR part 82, subpart A. 1 subsection applies.’’ Thus, section production and consumption of ozone- While the Clean Air Act does not 553(d) of the APA does not apply to this depleting substances (ODS). This goal is specifically provide for this exemption, rule. EPA is nevertheless acting accomplished through adherence by EPA determined that an exemption for consistently with the policies each country that is a Party to the essential laboratory and analytical uses underlying APA section 553(d) in Montreal Protocol to phaseout was allowable under the Act as a de making this rule effective on December schedules for specific controlled minimis exemption. EPA addressed the 15, 2011. APA section 553(d) allows an substances. The Protocol established de minimis exemption in a regulation effective date less than 30 days after January 1, 1996, as the date by which issued March 13, 2001 (66 FR 14760). publication ‘‘as otherwise provided by the production and import of most Class Decision X/19 also requested the the agency for good cause found and I controlled substances—including Montreal Protocol’s Technology and published with the rule.’’ As explained chlorofluorocarbons (CFCs), carbon Economic Assessment Panel (TEAP), a 2 below, EPA finds that there is good tetrachloride, and methyl chloroform — group of technical experts from various cause for this rule to become effective were phased out in developed countries, Parties, to report annually to the Parties on December 15, 2011, even though this including the United States. The Clean to the Montreal Protocol on laboratory results in an effective date fewer than 30 Air Act grants EPA the authority to and analytical procedures that could be days from the date of publication in the implement the Protocol’s phaseout performed without the use of controlled Federal Register. The purpose of the 30- schedules in the United States. Section substances. It further stated that at day waiting period prescribed in APA 604 of the Clean Air Act requires EPA future Meetings of the Parties (MOPs), section 553(d) is to give affected parties to promulgate regulations phasing out the Parties would decide whether such a reasonable time to adjust their production and consumption of Class I procedures should no longer be eligible behavior and prepare before the final ODS according to a prescribed schedule. for exemptions. Based on the TEAP’s rule takes effect. This final rule extends EPA’s phaseout regulations for ODS are recommendation, the Parties to the Montreal Protocol decided in 1999 an exemption from the phaseout of class codified at 40 CFR part 82, subpart A. (Decision XI/15) that the general I ozone depleting substances for limited The Montreal Protocol provides exemption no longer applied to the laboratory and analytical uses that is set exemptions that allow for the continued following uses: Testing of oil and grease to expire on December 31, 2011. A import and/or production of ODSs for and total petroleum hydrocarbons in shorter effective date in such specific uses. Under the Montreal water; Testing of tar in road-paving circumstances is consistent with the Protocol, for most Class I ODSs, the materials; and forensic finger-printing. purposes of APA section 553(d), which Parties may collectively grant EPA incorporated these exclusions at provides an exception for any action exemptions to the ban on production Appendix G to subpart A of 40 CFR part that grants or recognizes an exemption and import of ODS for uses that they 82 on February 11, 2002 (67 FR 6352). or relieves a restriction. Accordingly, we determine to be ‘‘essential.’’ For example, with respect to CFCs, Article At the 18th MOP, the Parties find good cause exists to make this rule acknowledged the need for methyl effective December 15, 2011. 2A(4) provides that the phaseout will apply ‘‘save to the extent that the Parties bromide for laboratory and analytical Table of Contents decide to permit the level of production procedures, and added methyl bromide or consumption that is necessary to to the ODSs under the essential I. Extension of the Laboratory and Analytical laboratory and analytical use Use Exemption satisfy uses agreed by them to be II. Statutory and Executive Order Reviews essential.’’ Similar language appears in exemption. Decision XVIII/15 outlined A. Executive Order 12866: Regulatory the control provisions for halons (Art. specific uses and exclusions for methyl Planning and Review and Executive 2B), carbon tetrachloride (Art. 2D), bromide under the exemption. EPA Order 13563: Improving Regulation and methyl chloroform (Art. 2E), incorporated specific uses of methyl Regulatory Review hydrobromofluorocarbons (Art. 2G), and bromide in the essential laboratory and B. Paperwork Reduction Act chlorobromomethane (Art. 2I). As analytical use exemption at Appendix G C. Regulatory Flexibility Act to subpart A of 40 CFR part 82 on D. Unfunded Mandates Reform Act defined by Decision IV/25 of the Parties, ‘‘use of a controlled substance should December 27, 2007 (72 FR 73264). E. Executive Order 13132: Federalism In November 2009, at the 21st MOP, F. Executive Order 13175: Consultation qualify as ‘essential’ only if: ‘‘(i) It is and Coordination With Indian Tribal necessary for the health, safety or is the Parties in Decision XXI/6 extended Governments critical for the functioning of society the global laboratory and analytical use G. Executive Order 13045: Protection of (encompassing cultural and intellectual exemption through December 31, 2014. Children From Environmental Health aspects); and (ii) there are no available Decision XXI/6 also notes laboratory Risks and Safety Risks technically and economically feasible and analytical uses of ODSs for which H. Executive Order 13211: Actions That the TEAP and its Chemicals Technical Significantly Affect Energy Supply, 1 ‘‘Consumption’’ is defined as the amount of a Options Committee (CTOC), determined Distribution, or Use that alternative procedures exist. I. National Technology Transfer and substance produced in the United States, plus the amount imported into the United States, minus the Advancement Act However, the Parties did not exclude amount exported from the United States to other any of those procedures from the J. Executive Order 12898: Federal Actions Parties to the Montreal Protocol (see Section 601(6) To Address Environmental Justice in of the Clean Air Act). exemption for laboratory and analytical Minority Populations and Low-Income 2 Class I controlled substances are listed at 40 CFR uses. The Parties asked the TEAP and Populations part 82, subpart A, Appendix A. the CTOC to continue to consider

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possible alternatives and report back to (iii) When recording infrared and nuclear CTC as a solvent is essential for some the Parties. magnetic resonance (NMR) spectra, including of the uses listed in section (a)(iii) of hydroxyl index. EPA’s regulations regarding this Decision XXI/6. It interpreted the (b) Analyses in which the ODS is used as Decision language quoted above as exemption at 40 CFR 82.8(b) currently a solvent for electrochemical methods of state, ‘‘A global exemption for Class I analysis of: proposed regulatory language and controlled substances for essential (i) Cyanocobalamin; requested that the following line be laboratory and analytical uses shall be (ii) Bromine index. added to the potential exclusion that in effect through December 31, 2011, (c) Analyses involving selective solubility appears in paragraph (a)(iii) of the subject to the restrictions in appendix G in the ODS of: Decision: ‘‘Research applications for (i) Cascarosides; of this subpart, and subject to the which there are no effective alternate (ii) Thyroid extracts; solvents for carbon tetrachloride are not recordkeeping and reporting (iii) Polymers. requirements at § 82.13(u) through (x). prohibited.’’ (d) Analyses in which the ODS is used to EPA did not propose to remove any of There is no amount specified for this preconcentrate the analyte, for: these procedures from the list of exemption.’’ Because certain laboratory (i) Liquid chromatography (HPLC) of drugs exempted uses of ODS and is not taking procedures continue to require the use and pesticides; action in this final rule. However, EPA of Class I substances in the United (ii) Gas chromatography of organic continues to be interested in laboratory States, because non-ODS replacements chemicals such as steroids; (iii) Adsorption chromatography of organic uses of ODS for which there are no for the Class I substances have not been chemicals. effective alternatives since this issue identified for all uses, and because the (e) Titration of iodine with thiosulfate continues to be discussed by the Parties Parties, via Decision XXI/6, extended (iodometric analyses) for determination of: to the Protocol. this exemption through December 31, (i) Iodine; 2014, EPA proposed to revise 40 CFR (ii) Copper; II. Statutory and Executive Order 82.8(b) to reflect the extension of the (iii) Arsenic; Reviews exemption to December 31, 2014. The (iv) Sulphur. (f) Iodine and bromine index A. Executive Order 12866: Regulatory EPA received two comments in total on Planning and Review and Executive the proposed rule, including the measurements (titrations). (g) Miscellaneous analyses, namely: Order 13563: Improving Regulation and proposal to adopt the Parties’ extension, (i) Stiffness of leather; Regulatory Review one from a corporation (the company (ii) Jellification point; commenter) and one from a laboratory. (iii) Specific weight of cement; This action is not a ‘‘significant The company commenter supported the (iv) Gas mask cartridge breakthrough. regulatory action’’ under the terms of proposed extension of the global (h) Use of ODS as a solvent in organic Executive Order (EO) 12866 (58 FR laboratory use exemption through chemical reactions: 51735, October 4, 1993) and is therefore December 31, 2014, while the other (i) O- and N-difluoromethylation. not subject to review under Executive commenter supported the extension (i) General use as laboratory solvent, Order 12866 and 13563 (76 FR 3821, insofar as it applied to the use of carbon namely: January 21, 2011). (i) Washing of NMR tubes; tetrachloride. For a more detailed (ii) Removal of greases from glassware. B. Paperwork Reduction Act discussion of the reasons for the exemption, refer to the regulation issued EPA sought comment on whether This action does not impose any new March 13, 2001 (66 FR 14760). That rule alternative procedures exist in the information collection burden. This discusses how the controls in place for United States for each of these action extends the existing laboratory laboratory and analytical uses provide laboratory applications. EPA received and analytical use exemption allowing adequate assurance that very little, if comments from the same two the production and import of Class I any, environmental damage will result commenters noted above regarding the ozone-depleting substances until from the handling and disposal of the use of carbon tetrachloride (CTC), which December 31, 2014. The Office of small amounts of Class I ODS used in is an ODS, in analyses under section Management and Budget (OMB) has such applications, due to the Appendix (a)(iii) of Decision XXI/6, which previously approved the information G requirements for small quantity and analyses are described above. Due to its collection requirements contained in the high purity. In the decade since EPA unique properties (e.g. lack of carbon- existing regulations at 40 CFR 82.8(a) issued the exemption, EPA and has not hydrogen bonds, small but non-zero under the provisions of the Paperwork received information that would suggest solubility), the commenters stated that Reduction Act, 44 U.S.C. 3501 et seq. otherwise. CTC is used as a solvent in certain and has assigned OMB control number analytical measurements. 2060–0170. The OMB control numbers In the proposed rule, EPA also sought The company commenter stated that for EPA’s regulations in 40 CFR part 82 comment on adding to the list of the procedures listed in section (a)(iii) are listed in 40 CFR part 9. procedures that are excluded from the of Decision XXI/6 are standard exemption under 40 CFR part 82, spectroscopic procedures for which CTC C. Regulatory Flexibility Act appendix G. EPA did not propose to add is not required. Therefore, the The RFA generally requires an agency these procedures at this time. The commenter does not oppose the to prepare a regulatory flexibility following uses are noted in Decision exclusion of those procedures from the analysis of any rule subject to notice XXI/6 as being laboratory and analytical exemption. The commenter did describe and comment rulemaking requirements procedures for which the TEAP and its its own current use of the chemical for under the Administrative Procedure Act CTOC have concluded that alternatives a proprietary method of hydroxyl or any other statute unless the agency exist: analysis that does not fall under the certifies that the rule will not have a (a) Analyses in which the ODS is used as analysis listed in section (a)(iii) and for significant economic impact on a a solvent for spectroscopic measurements: which CTC would still be required. substantial number of small entities. (i) Of hydrocarbons (oil and grease) in The laboratory commenter also Small entities include small businesses, water or soil; discussed CTC’s unique properties and small organizations, and small (ii) Of simethicone (polydimethylsiloxane); commented that the continued use of governmental jurisdictions.

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For purposes of assessing the impact requirements that might significantly or 22, 2001)) because it is not likely to of today’s rule on small entities, small uniquely affect small governments. have a significant adverse effect on the entity is defined as: (1) A small business supply, distribution, or use of energy. E. Executive Order 13132: Federalism as defined by the Small Business This rule does not pertain to any Administration’s regulations at 13 CFR This action does not have federalism segment of the energy production 121.201; (2) pharmaceutical implications. It will not have substantial economy nor does it regulate any preparations manufacturing businesses direct effects on the States, on the manner of energy use. Therefore, we (NAICS code 325412) that have fewer relationship between the national have concluded that this rule does not than 750 employees; (3) a small government and the States, or on the have any adverse energy effects. governmental jurisdiction that is a distribution of power and I. National Technology Transfer and government of a city, county, town, responsibilities among the various Advancement Act school district or special district with a levels of government, as specified in population of less than 50,000; and (4) Executive Order 13132. This action Section 12(d) of the National a small organization that is any not-for- merely extends the essential laboratory Technology Transfer and Advancement profit enterprise which is independently and analytical use exemption from the Act of 1995 (‘‘NTTAA’’), Public Law owned and operated and is not 1996 and 2005 phaseouts of Class I ODS 104–113, section 12(d) (15 U.S.C. 272 dominant in its field. until December 31, 2014. Thus, note) directs EPA to use voluntary After considering the economic Executive Order 13132 does not apply consensus standards in its regulatory impacts of today’s rule on small entities, to this action. In the spirit of Executive activities unless to do so would be I certify that this action will not have a Order 13132, and consistent with EPA inconsistent with applicable law or significant economic impact on a policy to promote communications otherwise impractical. Voluntary substantial number of small entities. In between EPA and State and local consensus standards are technical determining whether a rule has a governments, EPA specifically solicited standards (e.g., materials specifications, significant economic impact on a comment on this action from State and test methods, sampling procedures, and substantial number of small entities, the local officials. business practices) that are developed or impact of concern is any significant F. Executive Order 13175: Consultation adopted by voluntary consensus adverse economic impact on small and Coordination With Indian Tribal standards bodies. The NTTAA directs entities, since the primary purpose of Governments EPA to provide Congress, through OMB, the regulatory flexibility analyses is to explanations when the Agency decides This action does not have tribal identify and address regulatory not to use available and applicable implications, as specified in Executive alternatives ‘‘which minimize any voluntary consensus standards. This Order 13175 (65 FR 67249, November 9, significant economic impact of the rule rule does not involve technical 2000). This rule does not significantly or on small entities.’’ 5 U.S.C. 603 and 604. standards. Therefore, EPA did not uniquely affect the communities of Thus, an agency may certify that a rule consider the use of any voluntary Indian tribal governments, nor does it will not have a significant economic consensus standards. impose any enforceable duties on impact on a substantial number of small communities of Indian tribal J. Executive Order 12898: Federal entities if the rule relieves regulatory governments. This action merely Actions To Address Environmental burden, or otherwise has a positive extends the essential laboratory and Justice in Minority Populations and economic effect on all of the small analytical use exemption from the 1996 Low-Income Populations entities subject to the rule. and 2005 phaseouts of Class I ODS until Executive Order (EO) 12898 (59 FR This action provides an otherwise December 31, 2014. Thus, Executive 7629 (Feb. 16, 1994)) establishes Federal unavailable benefit to those companies Order 13175 does not apply to this executive policy on environmental that obtain ozone-depleting substances action. EPA specifically solicited justice. Its main provision directs under the essential laboratory and comment on this action from tribal Federal agencies, to the greatest extent analytical use exemption. We have officials. therefore concluded that today’s rule practicable and permitted by law, to will relieve regulatory burden for all G. Executive Order 13045: Protection of make environmental justice part of their small entities. Children From Environmental Health mission by identifying and addressing, Risks and Safety Risks as appropriate, disproportionately high D. Unfunded Mandates Reform Act EPA interprets EO 13045 (62 FR and adverse human health or This action contains no Federal 19885, April 23, 1997) as applying only environmental effects of their programs, mandates under the provisions of Title to those regulatory actions that concern policies, and activities on minority II of the Unfunded Mandates Reform health or safety risks, such that the populations and low-income Act of 1995 (UMRA), 2 U.S.C. 1531– analysis required under section 5–501 of populations in the United States. 1538 for State, local, or tribal the EO has the potential to influence the EPA has determined that this rule will governments or the private sector. The regulation. This action is not subject to not have disproportionately high and action imposes no enforceable duty on EO 13045 because it does not establish adverse human health or environmental any State, local or tribal governments or an environmental standard intended to effects on minority or low-income the private sector. This action merely mitigate health or safety risks. populations because it will not affect extends the essential laboratory and the level of protection provided to analytical use exemption from the 1996 H. Executive Order 13211: Actions That human health or the environment. The and 2005 phaseouts of Class I ODS until Significantly Affect Energy Supply, controls in place for laboratory and December 31, 2014. Therefore, this Distribution, or Use analytical uses provide adequate action is not subject to the requirements This rule is not a ‘‘significant energy assurance that very little, if any, of sections 202 or 205 of the UMRA. action’’ as defined in Executive Order environmental impact will result from This action is also not subject to the 13211, ‘‘Actions Concerning Regulations the handling and disposal of the small requirements of section 203 of UMRA That Significantly Affect Energy Supply, amounts of Class I ODS used in such because it contains no regulatory Distribution, or Use’’ (66 FR 28355 (May applications.

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K. Congressional Review Act not a ‘‘major rule.’’ This rule will be Authority: 42 U.S.C. 7414, 7601, 7671– effective January 1, 2012. 7671q. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 82 ■ 2. Section 82.8 is amended by revising Business Regulatory Enforcement Environmental protection, paragraph (b) to read as follows: Fairness Act of 1996, generally provides Administrative practice and procedure, § 82.8 Grant of essential use allowances that before a rule may take effect, the Air pollution control, Chemicals, and critical use allowances. Chlorofluorocarbons, Imports, Methyl agency promulgating the rule must * * * * * submit a rule report, which includes a chloroform, Ozone, Reporting and copy of the rule, to each House of the recordkeeping requirements. (b) A global exemption for class I Congress and to the Comptroller General Dated: December 9, 2011. controlled substances for essential laboratory and analytical uses shall be of the United States. EPA will submit a Lisa P. Jackson, in effect through December 31, 2014, report containing this rule and other Administrator. subject to the restrictions in appendix G required information to the U.S. Senate, For the reasons set out in the of this subpart, and subject to the the U.S. House of Representatives, and preamble, 40 CFR part 82 is amended as recordkeeping and reporting the Comptroller General of the United follows: requirements at § 82.13(u) through (x). States prior to publication of the rule in There is no amount specified for this PART 82—PROTECTION OF the Federal Register. A ‘‘major rule,’’ as exemption. defined by 5 U.S.C. 804(2), cannot take STRATOSPHERIC OZONE * * * * * effect until 60 days after it is published ■ 1. The authority citation for part 82 [FR Doc. 2011–32179 Filed 12–14–11; 8:45 am] in the Federal Register. This action is continues to read as follows: BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 76, No. 241

Thursday, December 15, 2011

This section of the FEDERAL REGISTER and Development, PPD, APHIS, Station DEPARTMENT OF ENERGY contains notices to the public of the proposed 3A–03.8, 4700 River Road Unit 118, issuance of rules and regulations. The Riverdale, MD 20737–1238. 10 CFR Parts 429 and 431 purpose of these notices is to give interested persons an opportunity to participate in the Supporting documents and any [Docket No. EERE–2010–BT–TP–0044] rule making prior to the adoption of the final comments we receive on this docket rules. may be viewed at http:// RIN 1904–AC37 www.regulations.gov/ #!docketDetail;D=APHIS-2009-0070 or Energy Conservation Program for DEPARTMENT OF AGRICULTURE in our reading room, which is located in Certain Commercial and Industrial room 1141 of the USDA South Building, Equipment: Test Procedures for High- Animal and Plant Health Inspection Intensity Discharge Lamps Service 14th Street and Independence Avenue SW., Washington, DC. Normal reading AGENCY: Office of Energy Efficiency and 7 CFR Part 331 room hours are 8 a.m. to 4:30 p.m., Renewable Energy, Department of Monday through Friday, except Energy. 9 CFR Part 121 holidays. To be sure someone is there to ACTION: Notice of proposed rulemaking. help you, please call (202) 690–2817 [Docket No. APHIS–2009–0070] before coming. SUMMARY: The U.S. Department of RIN 0579–AD09 Energy (DOE) proposes to establish its FOR FURTHER INFORMATION CONTACT: Mr. test procedures for high-intensity Charles L. Divan, Branch Chief, APHIS Agricultural Bioterrorism Protection discharge (HID) lamps under the Energy Act of 2002; Biennial Review and Agriculture Select Agent Program, Policy and Conservation Act of 1975 Republication of the Select Agent and APHIS, 4700 River Road Unit 2, (EPCA), as amended. The proposed test Toxin List; Amendments to the Select Riverdale, MD 20737–1231; (301) 734– procedures are based on industry Agent and Toxin Regulations 5960. standard procedures and practices AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: On already established by the American Inspection Service, USDA. October 3, 2011, we published in the National Standards Institute (ANSI), the Illuminating Engineering Society of ACTION: Proposed rule; reopening of Federal Register (76 FR 61228–61244, North America (IES), and the comment period. Docket No. APHIS–2009–0070) a proposal to amend and republish the list International Commission on SUMMARY: We are reopening the of select agents and toxins that have the Illumination (Commission comment period for our proposed rule potential to pose a severe threat to Internationale de l’Eclairage (CIE)). The that would amend and republish the list animal or plant health, or to animal or proposed test procedures would include of select agents and toxins that have the plant products, reorganize the list of measurement of parameters to enable potential to pose a severe threat to select agents and toxins based on the calculation of lamp efficacy (in lumens per watt or lm/W), and would also animal or plant health, or to animal or relative potential of each select agent or provide for the efficiency measurement plant products, reorganize the list of toxin to be misused to adversely affect of directional lamps using center beam select agents and toxins based on the human, plant, or animal health, and intensity (in candelas) and beam angle. relative potential of each select agent or amend the regulations in order to add toxin to be misused to adversely affect The proposed procedures would also definitions and clarify language human, plant, or animal health, and measure lumen maintenance (i.e., the concerning security, training, biosafety, amend the regulations in order to add fraction or percentage of lamp light biocontainment, and incident response. definitions and clarify language output relative to initial output, over concerning security, training, biosafety, Comments on the proposed rule were time) at 40 percent and 70 percent of biocontainment, and incident response. required to be received on or before rated lamp lifetime. Correlated color This action will allow interested December 2, 2011. We are reopening the temperature (CCT) and color rendering persons additional time to prepare and comment period on Docket No. APHIS– index (CRI) would also be measured as submit comments. 2009–0070 for an additional 30 days. potential means to delineate equipment DATES: The comment period for the This action will allow interested classes for HID lamps. This notice of proposed rule published October 3, persons additional time to prepare and proposed rulemaking (NOPR) also 2011 (76 FR 61228), is reopened. We submit comments. We will also consider discusses DOE’s conclusion that HID will consider all comments that we all comments we receive between lamps do not operate or use energy in receive on or before January 17, 2012. December 3, 2011, and the date of this standby mode or off mode. Therefore, ADDRESSES: You may submit comments document. DOE does not propose test procedures for these modes. by either of the following methods: Done in Washington, DC, this 12th day of • DATES: DOE will hold a public meeting Federal eRulemaking Portal: Go to December 2011. http://www.regulations.gov/ on Thursday, January 19, 2012, from #!documentDetail;D=APHIS-2009-0070- Kevin Shea, 9 a.m. to 2 p.m., in Washington, DC. The 0035. Acting Administrator, Animal and Plant meeting will also be broadcast as a • Postal Mail/Commercial Delivery: Health Inspection Service. webinar. See section V, ‘‘Public Send your comment to Docket No. [FR Doc. 2011–32240 Filed 12–14–11; 8:45 am] Participation,’’ for webinar registration APHIS–2009–0070, Regulatory Analysis BILLING CODE 3410–34–P information, participant instructions,

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and information about the capabilities see section V of this document (Public c. Reference Ballasts available to webinar participants. Participation). d. Instrumentation DOE will accept comments, data, and Docket: The docket is available for i. Instrumentation Required for Electrical review at http://www.regulations.gov, Measurement information regarding this NOPR before ii. Instrumentation for Photometric and after the public meeting, but no including Federal Register notices, Measurement later than February 28, 2012. See section framework documents, public meeting 2. Lamp Selection and Setup V, ‘‘Public Participation,’’ for details. attendee lists and transcripts, a. Basic Model ADDRESSES: The public meeting will be comments, and other supporting b. Sampling Plans held at the U.S. Department of Energy, documents/materials. All documents in c. Lamp Aging and Stabilization d. Lamp/Circuit Transfer Forrestal Building, Room 8E–089 1000 the docket are listed in the http:// www.regulations.gov index. However, e. Lamp Orientation Independence Avenue SW., 3. Special Considerations for Directional Washington, DC 20585. To attend, not all documents listed in the index Lamps please notify Ms. Brenda Edwards at may be publicly available, such as C. Laboratory Accreditation Program (202) 586–2945. Please note that foreign information that is exempt from public D. Test Measurements and Calculations nationals visiting DOE Headquarters are disclosure. 1. Measurement and Calculation of Efficacy subject to advance security screening A link to the docket web page can be 2. Measurement and Calculation of Center found at: http://www1.eere.energy.gov/ Beam Intensity and Beam Angle procedures. Any foreign national _ 3. Test Method for Measuring Lumen wishing to participate in the meeting buildings/appliance standards/ commercial/ Maintenance should advise DOE as soon as possible _ _ _ 4. Measurement and Calculation of by contacting Ms. Brenda Edwards at high intensity discharge lamps.html. Correlated Color Temperature and Color (202) 586–2945 to initiate the necessary This web page will contain a link to the Rendering Index procedures. Please also note that those docket for this notice on the E. Standby Mode and Off Mode Energy wishing to bring laptop computers into regulations.gov site. The regulations.gov Usage the Forrestal Building will be required web page will contain simple F. Effective Date and Compliance Date to instructions on how to access all the Test Procedures and Compliance to obtain a property pass. Visitors Date for Submitting High-Intensity should avoid bringing laptop documents, including public comments, in the docket. See section V for Discharge Certification Reports computers, or allow an extra 45 minutes IV. Procedural Issues and Regulatory Review for security screening procedures. information on how to submit A. Review Under Executive Order 12866 Persons can attend the public meeting comments through regulations.gov. B. Review Under the Regulatory Flexibility via webinar. For more information, refer FOR FURTHER INFORMATION CONTACT: Dr. Act to the Public Participation section near Tina Kaarsberg, U.S. Department of C. Review Under the Paperwork Reduction Act of 1995 the end of this notice. Energy, Office of Energy Efficiency and Renewable Energy, Building D. Review Under the National Any comments submitted must Environmental Policy Act of 1969 identify the NOPR for test procedures Technologies Program, EE–2J, 1000 E. Review Under Executive Order 13132 for high-intensity discharge lamps, and Independence Avenue SW., F. Review Under Executive Order 12988 provide docket number EERE–2010– Washington, DC 20585–0121. G. Review Under the Unfunded Mandates BT–TP–0044 and/or regulatory Telephone: (202) 287–1393. Email: Reform Act of 1995 information number (RIN) 1904–AC37. [email protected]. H. Review Under the Treasury and General Ms. Elizabeth Kohl or Ms. Jennifer Government Appropriations Act, 1999 Comments may be submitted using any I. Review Under Executive Order 12630 of the following methods: Tiedeman, U.S. Department of Energy, Office of the General Counsel, GC–71, J. Review Under the Treasury and General 1. Federal eRulemaking Portal: http: Government Appropriations Act, 2001 //www.regulations.gov. Follow the 1000 Independence Avenue SW., K. Review Under Executive Order 13211 instructions for submitting comments. Washington, DC 20585–0121. L. Review Under Section 32 of the Federal 2. Email: HIDLamps-2010-TP- Telephone: (202) 586–7796 or (202) Energy Administration Act of 1974 [email protected]. Include the docket 287–6111. Email: V. Public Participation number EERE–2010–BT–TP–0044 and/ [email protected] or A. Attendance at Public Meeting [email protected]. B. Procedure for Submitting Prepared or RIN 1904–AC37 in the subject line of General Statement for Distribution the message. SUPPLEMENTARY INFORMATION: C. Conduct of Public Meeting 3. Mail: Ms. Brenda Edwards, U.S. I. Background and Authority D. Submission of Comments Department of Energy, Building II. Summary of the Notice of Proposed E. Issues on Which DOE Seeks Comment Technologies Program, Mailstop EE–2J, Rulemaking 1. Definitions 1000 Independence Avenue SW., III. Discussion 2. Ambient Test Temperatures Washington, DC 20585–0121. If A. Definitions 3. Air Speed 1. Definitions Relevant to High-Intensity 4. Power Supply Characteristics possible, please submit all items on a 5. Reference Ballasts CD. It is not necessary to include Discharge Lamps 2. Definition of ‘‘Ballast Efficiency’’ for 6. Instrumentation printed copies. Metal Halide Lamp Fixtures 7. Sampling Plans 4. Hand Delivery/Courier: Ms. Brenda 3. Definition of ‘‘Basic Model’’ for High- 8. Lamp Aging and Stabilization Edwards, U.S. Department of Energy, Intensity Discharge Lamps 9. Lamp/Circuit Transfer Building Technologies Program, 950 B. Test Procedure for Measuring Energy 10. Lamp Orientation L’Enfant Plaza SW., Suite 600, Efficiency of High-Intensity Discharge 11. Special Consideration for Directional Washington, DC 20024. Lamps Lamps 1. Test Setup and Conditions 12. Laboratory Accreditation Program Telephone: (202) 586–2945. If 13. Test Measurements and Calculations possible, please submit all items on a a. Ambient Conditions i. Ambient Test Temperature 14. Small Entities CD. It is not necessary to include ii. Air Speed VI. Approval of the Office of the Secretary printed copies. b. Power Supply Characteristics I. Background and Authority For detailed instructions on i. Voltage Waveshape submitting comments and additional ii. Voltage Regulation Title III of the Energy Policy and information on the rulemaking process, iii. Power Supply Impedance Conservation Act (42 U.S.C. 6291, et

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seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a in significant energy savings. (42 U.S.C. Reflector Lamps.’’ DOE also proposes variety of provisions designed to 6317(a)(1)) DOE published a positive that lamp current, voltage, and lumen improve energy efficiency. (All final notice of determination output measurements be performed references to EPCA refer to the statute (determination) regarding HID lamps on while operating the lamp with an as amended through the Energy July 1, 2010, concluding that energy appropriately rated reference ballast.5 Independence and Security Act of 2007 conservation standards for certain HID DOE proposes that lumen maintenance (EISA 2007), Public Law 110–140 (Dec. lamps are technologically feasible and measurements be performed using the 19, 2007)). Part B of title III (42 U.S.C. economically justified, and would likely measurement methods prescribed in IES 6291–6309) establishes the ‘‘Energy result in significant energy savings. 75 LM–47 (LM–47), ‘‘IESNA Approved Conservation Program for Consumer FR 37975. DOE intends to publish any Method for Life-Testing of HID Lamps.’’ Products Other Than Automobiles.’’ final HID lamp test procedures by Under DOE’s proposal, CCT and CRI Part C of title III, ‘‘Certain Industrial January 1, 2013. would be obtained from Equipment’’ (42 U.S.C. 6311–6317), In today’s NOPR, DOE proposes to spectroradiometric measurements of the establishes an energy conservation establish test procedures for HID lamps light output in the visible spectrum.6 program for such equipment. (For based on industry standards pertaining CCT and CRI would be calculated by editorial reasons, Parts B and C were re- to HID lamp measurements. numerical evaluation of the color designated as Parts A and A–1 on II. Summary of the Notice of Proposed characteristics as prescribed in codification in the U.S. Code). While Rulemaking International Commission on HID lamps are defined in 42 U.S.C. Illumination (Commission 6291(46), DOE is required to set The proposed test procedures include Internationale de l’Eclairage (CIE)) 13.3 standards for HID lamps in 42 U.S.C. methods to determine lamp power and and CIE 15 using spectroradiometric lumen output 1 6317(a)(1)). Therefore, DOE has (lamp efficacy in lumens measurement data. determined that the provisions of Part C per watt), and would also provide for The following industry standards and are applicable to HID lamps. the efficiency measurement of test procedures relevant to this NOPR Under EPCA, this program consists directional lamps using center beam 2 3 are proposed to be incorporated by essentially of four parts: (1) Testing; (2) intensity (in candelas ) and beam reference into the HID test procedure at labeling; and (3) Federal energy angle. The proposed procedures would 10 CFR part 431, subpart Y: conservation standards; and (4) also measure lumen maintenance (i.e., certification, compliance, and the percentage of lamp light output 1. ANSI C78.379–2006, ‘‘For Electric relative to initial output, over time) 4 at Lamps—Classification of Beam Patterns enforcement. The testing requirements of Reflector Lamps’’; consist of test procedures that 40 percent and 70 percent of rated lamp 2. ANSI C78.389–R2009, ‘‘For Electric manufacturers of covered equipment lifetime. CCT and CRI would also be Lamps—High Intensity Discharge— must use (1) As the basis for certifying measured because DOE may consider Methods of Measuring Characteristics’’ to DOE that their equipment complies delineating HID equipment classes (sections 1.0, 2.0, 3.0, and Figure 1); with the applicable energy conservation using these metrics. 3. CIE 13.3–1995 (CIE 13.3), ‘‘Technical standards adopted under EPCA (42 Efficacy of HID lamps is calculated Report: Method of Measuring and U.S.C. 6295(s) and 6316(a)); and (2) for based on the measured lumen output Specifying Colour Rendering Properties making representations about the and the measured input electrical of Light Sources’’; power. DOE proposes that the input 4. CIE 15:2004 (CIE 15), ‘‘Technical Report: efficiency of this equipment (42 U.S.C. 7 power measurements be performed Colorimetry’’; 6315(b)). Similarly, DOE must use these 5. IES LM–47–01, ‘‘Approved Method for Life test requirements to determine whether using the measurement methods for Testing of High Intensity Discharge (HID) the equipment complies with any lamp current and voltage prescribed in Lamps’’; and relevant standards promulgated under American National Standards Institute 6. IES LM–51–00, ‘‘Approved Method for the EPCA. (42 U.S.C. 6295(s) and 6316(a)(1)) (ANSI) C78.389–2006 (C78.389), Electrical and Photometric ‘‘Electric Lamps—High Intensity Measurements of High Intensity General Test Procedure Rulemaking Discharge—Methods of Measuring Discharge Lamps’’ (sections 1.0, 3.2, 9.0, Process Characteristics,’’ and the measurement 10.0, 11.0, and 12.0). Under 42 U.S.C. 6314, EPCA sets forth method for lumen output prescribed in As discussed in further detail in the criteria and procedures DOE must Illuminating Engineering Society of section III.E, DOE has concluded that follow when prescribing or amending North America (IES) LM–51 (LM–51), HID lamps (without ballasts) are test procedures for covered equipment. ‘‘Approved Method for the Electrical incapable of either standby mode or off EPCA provides in relevant part that any and Photometric Measurements of High mode energy use. HID lamps do not test procedures prescribed or amended Intensity Discharge Lamps,’’ and the have additional features besides light under this section shall be reasonably measurement method for luminous output and thereby cannot operate in designed to produce test results that intensity prescribed in ANSI C78.379– standby mode. HID lamps cannot be in measure energy efficiency, energy use, 2006 (C78.379), ‘‘For Electric Lamps— off mode because there is no condition or estimated annual operating cost of a Classification of Beam Patterns of in which the lamp is connected to the covered product or equipment during a representative average use cycle or 1 A lumen is a unit of light output weighted to 5 An appropriately rated reference ballast period of use, as determined by the the spectral response of the human eye. provides specified power, voltage, and current Secretary of Energy (Secretary), and 2 One candela is equal to one lumen per required to operate the lamp. Its ballast and power shall not be unduly burdensome to steradian. supply specifications are from data sheets listed by 3 Center beam intensity is synonymous with the references in ANSI C78.389. They are intended conduct. (42 U.S.C. 6314(a)(2)) centerbeam candlepower (commonly abbreviated as to provide reasonable stringency in terms of power EPCA requires DOE to prescribe test CBCP). Candlepower is now an obsolete term, but quality and to ensure repeatable and consistent procedures for HID lamps within 30 equates directly to the candela. electrical measurements. months of determining that energy 4 Lumen maintenance is the percentage or 6 Spectroradiometry is the measurement of the fraction of initial lumens. The higher the lumen spectral content of a radiating source as a function conservation standards are maintenance value (closer to 1.00), the more the of wavelength. technologically feasible and source maintains the initial efficacy at the point 7 ‘‘Colorimetry’’ referenced is the science and economically justified, and would result time measured. technology of human color perception.

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main power source (via the ballast) and ANSI measurement procedure to ‘‘directional lamp,’’ ‘‘high-pressure is not in a mode already accounted for determine lamp stabilization proposed sodium lamp,’’ ‘‘lamp efficacy,’’ ‘‘lamp in either active mode or standby mode. for the three types of HID lamps— electrical power input,’’ ‘‘lamp Therefore, DOE does not propose mercury vapor (MV), high-pressure wattage,’’ ‘‘lumen maintenance,’’ ‘‘rated measurement methods to determine sodium (HPS), and metal halide (MH). luminous flux or rated lumen output,’’ energy use in either standby mode or off For MV lamps, electrical characteristic and ‘‘self-ballasted lamp.’’ mode for HID lamps. measurement values must remain DOE proposes to define ‘‘beam angle’’ within 1 percent of each other for three as follows: ‘‘ ‘Beam angle’ means the III. Discussion consecutive measurements over a 15 beam angle (or angles) as measured DOE proposes to require measurement minute period. For HPS lamps, according to the requirements of ANSI of both photometric and electrical electrical characteristic measurement C78.379, including complex beam characteristics of HID lamps to calculate values must also remain within 1 angles as described in ANSI C78.379.’’ HID lamp efficacy. DOE reviewed ANSI percent of each other for three DOE proposes to define ‘‘directional C78.379, ANSI C78.389, CIE 13.3, CIE consecutive measurements spaced 10– lamp’’ as follows: ‘‘ ‘Directional lamp’ 15, IES LM–47, and IES LM–51 in 15 minutes apart. For MH lamps, means a lamp emitting at least 80 developing the proposed test procedures electrical characteristic measurement percent of its light output within a solid for HID lamps. From these industry test values may vary up to 3 percent of each angle of p steradians (corresponding to procedures, DOE proposes lamp other for three consecutive a cone with an angle of 120 degrees).’’ 9 selection, test setup, and test conditions measurements spaced 10–15 minutes DOE proposes to define ‘‘high- for HID lamps. apart. pressure sodium lamp’’ as follows: The proposed photometric In accordance with the stabilization ‘‘ ‘High-pressure sodium (HPS) lamp’ measurement methods for lamp light methods in ANSI C78.389, DOE means a high-intensity discharge lamp output (also referred to as luminous specifies a lamp aging time and burning in which the major portion of the light flux) for omni-directional lamps, position, as described in section III.D. is produced by radiation from sodium measured in lumens, and luminous DOE further proposes that all test vapor operating at a partial pressure of intensity for directional lamps, measurements be performed at an about 6,670 pascals (approximately measured in candelas,8 are detailed in ambient temperature of 25 °C ± 5 °C 0.066 atmospheres or 50 torr) or LM–51. CCT and CRI typically are with an interior air speed rate of less greater.’’ By including pressure derived from spectroradiometric than or equal to 0.5 meters/second. equivalents in both atmospheres and measurement of lamp light output. The following sections set forth torr, DOE’s proposed definition would Color measurement and calculation of proposed definitions for the HID test harmonize with the existing statutory CCT are detailed in CIE 15. Calculation procedure, detailed discussion of the definition of ‘‘mercury vapor lamp,’’ of CRI is detailed in CIE 13.3. proposed test method, and proposed which includes both units of pressure laboratory accreditation requirements. (pascals and atmospheres). (42 U.S.C. The proposed electrical measurement 10 methods are provided in ANSI C78.389 6291(47)(A)) A. Definitions DOE proposes to adopt a definition and include line voltage, lamp voltage, for ‘‘lamp efficacy’’ similar to that set current (measured in amperes), and In today’s proposed rule, DOE lamp electrical power input (measured proposes definitions for the following 9 DOE reviewed definitions for directional lamps in watts). Under ANSI C78.389, terms based on the EPCA definitions of these terms: ‘‘ballast’’ (42 U.S.C. with optical characteristic similar to those of HID electrical measurements are to be directional lamps (e.g., incandescent reflector performed when operating the lamp 6291(58)), ‘‘color rendering index’’ (42 lamps) and found that definitions for reflector with an appropriately rated reference U.S.C. 6291(30)(J)), ‘‘correlated color lamps typically focus on the construction of the temperature’’ (42 U.S.C. 6291(30)(K)), lamp and not the direction in which the light leaves ballast that provides specified power, the lamp. 10 CFR 430.2 Existing HID lamps that are voltage, and current required to operate ‘‘high-intensity discharge lamp’’ (42 considered directional are offered in various bulb the lamp as stated in data sheets U.S.C. 6291(46)), ‘‘mercury vapor lamp’’ shapes (e.g., R40, R111, PAR 20, PAR 30, and PAR 38), and future lamps may take different non- referenced by ANSI C78.389. The (42 U.S.C. 6291(47)(A)), and ‘‘metal halide lamp’’ (42 U.S.C. 6291(63)). conforming shapes and forms while providing reference ballast itself is to be operated similar light output delivery. Therefore the As explained in section III.A.1, DOE from a power supply with specified proposed DOE definition is based on the directional also proposes to adopt definitions of delivery of light output and not the construction of voltage and impedance requirements. ‘‘beam angle,’’ ‘‘directional lamp,’’ the lamp. The proposed definition of ‘‘directional Reference ballast and power supply ‘‘high-pressure sodium lamp,’’ ‘‘lamp lamp’’ is based on the European Union definition specifications, set forth in the standards (Commission Regulation (EC) No 244/2009, O.J. L electrical power input,’’ ‘‘lamp referenced by ANSI C78.389, are 76, 24 March 2009). wattage,’’ ‘‘lumen maintenance,’’ ‘‘rated 10 DOE proposes to define ‘‘high-pressure sodium intended to provide a level of power luminous flux or rated lumen output,’’ lamp’’ based on a comment from the National quality that enables repeatable and and ‘‘self-ballasted lamp.’’ Many of the Electrical Manufacturers Association (NEMA) in consistent electrical measurements. response to the HID lamps notice of proposed proposed definitions are identical or DOE further proposes that, prior to determination, 75 FR 22031, 22033 (April 27, 2010), very similar to the definitions set forth and discussed in the HID lamps final any measurement, lamps be stabilized in 10 CFR part 430 for consumer determination, 75 FR 37975, 37977 (July 1, 2010). by the methods specified for each lamp NEMA recommended that DOE adopt the definition products. As discussed in section type in ANSI C78.389, section 3.7. A for ‘‘HPS lamps’’ from ANSI C82.9–1996, III.A.2, DOE also proposes to amend the lamp is considered to be stabilized ‘‘American National Standard for High-Intensity definition of ‘‘ballast efficiency.’’ As Discharge and Low-Pressure Sodium Lamps, when successive electrical characteristic discussed in III.A.3, DOE proposes a Ballasts and Transformers—Definitions (ANSI measurements remain within a given C82.9).’’ (Docket No. EERE–2006–DET–0112, definition of ‘‘basic model’’ for HID percentage range over a given period of NEMA, No. 0021.1 at p. 3) Under subsection 3.27, lamps. ‘‘Definitions,’’ ANSI C82.9–1996 defines ‘‘HPS time. There is some variation in the lamp’’ as ‘‘[a] high-intensity-discharge (HID) lamp 1. Definitions Relevant to High-Intensity in which the major portion of the light is produced 8 Center beam intensity is the intensity at nadir Discharge Lamps from radiation from sodium vapor operating at a (directly in front of the lamp). Luminous intensity partial pressure of about 6.67 × 103 pascals (50 torr) is the output in candelas at multiple angles beyond In this NOPR, DOE proposes to define or greater.’’ DOE proposes to adopt a similar nadir and is how beam angle is calculated. the following terms: ‘‘beam angle,’’ definition.

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forth at 10 CFR part 430, subpart B, definition is the same as that set forth efficiency’’ as follows: ‘‘ ‘Ballast appendix R,11 where DOE defines ‘‘lamp at 10 CFR part 430, subpart B, appendix efficiency’ means, in the case of a high- efficacy’’ as ‘‘the ratio of measured lamp W, section (2)(c). intensity discharge fixture, the lumen output in lumens to the DOE proposes a definition for ‘‘rated efficiency of a lamp and ballast measured lamp electrical power input luminous flux or rated lumen output’’ as combination, expressed as a percentage, in watts, rounded to the nearest tenth, follows: ‘‘ ‘Rated luminous flux or rated and calculated in accordance with the in units of lumens per watt.’’ DOE lumen output’ means the initial lumen following formula: Efficiency = Lamp proposes in this rulemaking to replace rating (100 hour) declared by the electrical power input/Ballast power ‘‘lamp lumen output’’ with ‘‘rated manufacturer, which consists of the input where: luminous flux or rated lumen output’’ lumen rating of a lamp at the end of 100 and to add the abbreviation ‘‘lm/W’’ hours of operation.’’ 14 This is the same (1) Lamp electrical power input after ‘‘lumens per watt.’’ The term definition as is set forth at 10 CFR part means the total electrical power input to ‘‘rated luminous flux or rated lumen 430, subpart B, appendix W, section the lamp, including both arc and output’’ is consistent with DOE’s (2)(d). cathode power where appropriate, at the proposed definition for ‘‘lumen DOE proposes to define ‘‘self- reference condition, units of watts; maintenance,’’ and means the same ballasted lamp’’ 15 based on the (2) Ballast power input equals the thing as ‘‘lamp lumen output.’’ definition for ‘‘self-ballasted CFL lamp’’ measured operating input wattage; Therefore, DOE proposes to define found in 10 CFR 430 subpart B, (3) The lamp, and the capacitor when ‘‘lamp efficacy’’ as follows: ‘‘ ‘Lamp appendix W, section (2)(h), as follows: the capacitor is provided, shall efficacy’ means the ratio of rated lumen ‘‘ ‘Self-ballasted lamp’ means a lamp constitute a nominal system in output (or rated luminous flux) to the unit that incorporates all elements that accordance with the ANSI C78.43 measured lamp electrical power input are necessary for the starting and stable (incorporated by reference; see in watts, rounded to the nearest tenth, operation of the lamp in a permanent § 431.323); in units of lumens per watt (lm/W).’’ 12 enclosure, and that does not include any DOE proposes to define ‘‘lamp replaceable or interchangeable parts.’’ (4) For ballasts with a frequency of 60 electrical power input’’ as follows: Hz, ballast power input and lamp ‘‘ ‘Lamp electrical power input’ means 2. Definition of ‘‘Ballast Efficiency’’ for electrical power input shall be the total electrical power input to the Metal Halide Lamp Fixtures measured after lamps have been lamp, including both arc and cathode DOE proposes an amended definition stabilized according to section 4.4 of power where appropriate, at the of ‘‘ballast efficiency’’ for metal halide ANSI C82.6 (incorporated by reference; reference condition, in units of watts.’’ lamp fixtures, currently set forth at 10 see § 431.323) using a wattmeter with This definition is the same as that set CFR 431.322, to correspond to the accuracy specified in section 4.5 of forth at 10 CFR part 430, subpart B, definitions proposed in section III.B.1. ANSI C82.6; and appendix R. Currently, ‘‘ballast efficiency’’ for a (5) For ballasts with a frequency DOE proposes the following high-intensity discharge fixture means, greater than 60 Hz, ballast power input definition for ‘‘lamp wattage’’ in this in relevant part, the efficiency of a lamp and lamp electrical power input shall rulemaking: ‘‘ ‘Lamp wattage’ means the and ballast combination, expressed as a have a basic accuracy of ±0.5 percent at total electrical power required by a lamp percentage, and calculated in the higher of either 3 times the output in watts, measured following the initial accordance with the following formula: operating frequency of the ballast or 2.4 aging period referenced in the relevant Efficiency = Pout/Pin where: kHz.’’ industry standard.’’ (42 U.S.C. (1) P equals the measured operating lamp 13 out 6291(30)(O)) wattage; 3. Definition of ‘‘Basic Model’’ for High- DOE proposes a definition for ‘‘lumen (2) Pin equals the measured operating input Intensity Discharge Lamps maintenance’’ as follows: ‘‘ ‘Lumen wattage;’’ maintenance’ means the luminous flux 10 CFR 431.322 16 DOE also proposes a definition of ‘‘basic model’’ for the HID lamp test or lumen output at a given time in the The meaning of the term ‘‘P ’’ as out procedures. DOE provides extensive life of the lamp and expressed as a currently defined for ballast efficiency is discussion of the concept of ‘‘basic percentage of the rated luminous flux or the same as DOE is proposing for ‘‘lamp model’’ in the 2010 NOPR for rated lumen output, respectively.’’ This electrical power input.’’ To avoid certification, compliance, and confusion where ‘‘Pout’’ refers to the 11 10 CFR 430.2 defines lamp efficacy as ‘‘the lamp wattage when testing a ballast for enforcement. 75 FR 56796, 56798–99 measured lumen output of a lamp in lumens (Sept. 16, 2010). divided by the measured lamp electrical power HID fixtures, and ‘‘lamp electrical input in watts expressed in units of lumens per watt power input’’ refers to lamp wattage DOE proposes to define ‘‘basic (LPW).’’ 10 CFR part 430, subpart B, appendix R when testing a HID lamp, DOE proposes model’’ for HID lamps as follows: defines it as ‘‘the ratio of measured lamp lumen ‘‘ ‘Basic model’ with respect to HID output in lumens to the measured lamp electrical to amend the definition of ‘‘ballast power input in watts, rounded to the nearest tenth, lamps means all units of a given type of in units of lumens per watt.’’ The primary 14 Luminous flux is the numerator in the lamp covered equipment (or class thereof) difference between the definitions is the rounding efficacy equation. manufactured by one manufacturer, of the values. 15 Self-ballasted lamps have different having the same primary energy source 12 DOE notes that EPCA defines ‘‘lamp efficacy’’ characteristics from lamps that work with an to mean the lumen output of a lamp divided by its external ballast. This definition is required to and which have essentially identical wattage, expressed in lumens per watt. This distinguish this lamp type. electrical, physical, and functional (or proposed definition interprets the EPCA definition 16 EPCA provides a similar definition for the hydraulic) characteristics that affect for this rulemaking. ballast efficiency of an HID ballast and authorizes energy consumption, energy efficiency, 13 The EPCA definition for ‘‘lamp wattage’’ is ‘‘the DOE to modify the definition as necessary or total electrical power consumed by a lamp in watts, appropriate to carry out the purposes of EPCA. (42 water consumption, or water efficiency, after the initial seasoning period referenced in the U.S.C. 6291(59)) DOE proposes the amended and are rated to operate a given lamp appropriate IES standard test procedure and definition for HID fixtures in accordance with this type and wattage.’’ including, for fluorescent, arc watts plus cathode provision of EPCA because the proposed definition watts.’’ This proposed definition interprets the would eliminate ambiguity in the terms used to DOE invites comment on the EPCA definition for this rulemaking. measure energy efficiency for HID fixtures. definitions set forth in this section.

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B. Test Procedure for Measuring Energy lamps to temperature, temperature still adopt for HID lamp testing the air speed Efficiency of High-Intensity Discharge affects their performance such that it limit of ≤ 0.5 m/s used for testing MH Lamps could affect test results. A specific, lamp ballasts (75 FR at 10957 (March 9, standardized, temperature allows for the 2010)) and invites comment on this 1. Test Setup and Conditions use of relative photometry for light proposed requirement. The proposed test procedures adopt fixtures. Thus, an ambient temperature the methods and safety precautions set requirement of 25 °C ± 5 °C is followed b. Power Supply Characteristics forth in ANSI C78.389 and LM–51 to in industry standards and practices for DOE proposes power supply obtain consistent and reproducible HID lamps. DOE invites comment on the characteristics for HID lamps test measurements of the electrical and proposed ambient temperature procedures based on ANSI C78.389 and photometric characteristics of HID requirement. LM–51, as follows. lamps. In particular, the lamps being ii. Air Speed i. Voltage Waveshape tested are to be operated at the specified conditions (i.e., tested at a given DOE proposes an air speed limit of DOE proposes to adopt the waveshape temperature and air speed), with the ≤ 0.5 meters per second (m/s) for HID requirements set forth in ANSI C78.389 appropriate power supply lamp testing because, as detailed in the for HID lamp testing. DOE proposes that characteristics, the lamps operating on following, higher air speeds affect any lamp being tested be operated with the reference circuit before photometric and electrical data a sinusoidal voltage supply waveshape measurements are taken, and the measurements. Although LM–51, as recommended by ANSI C78.389, appropriate instrumentation. Each of section 2.3, states that special section 3.2, which states that the these factors is described in the precautions against normal room air waveshape of the power supply shall following discussion. Lamp stabilization movements are unnecessary, ANSI have a root-mean-square (RMS) 19 and aging are discussed in section C78.389, section 3.3, states that ambient summation of the harmonic components III.B.2, Lamp Selection and Setup. conditions shall be draft-free (but that remains below 3 percent of the As stated previously, photometric provides no definition of the term fundamental frequency (i.e., the lowest characteristics proposed to be measured ‘‘draft-free’’). During the public meeting frequency of the waveform). DOE invites are total luminous flux (lumens), for the MH lamp ballast test procedures comment on these proposed voltage luminous intensity (candelas), CCT, and NOPR, the National Electrical waveshape requirements. CRI. Lamp electrical characteristics Manufacturers Association (NEMA) ii. Voltage Regulation proposed to be measured are those requested a definition of ‘‘draft-free.’’ required to calculate lamp efficacy (Docket No. EERE–2008–BT–TP–0017, DOE proposes to adopt the voltage during normal operation (e.g., line NEMA, No. 0013 at p. 13) 18 Following regulation requirements set forth in LM– voltage, lamp voltage, input current, and the public meeting and comment 51, section 3.2, for HID lamp testing, lamp electrical power input). All period, DOE received a comment from which states that the voltage regulation measured quantities are proposed to be NEMA requesting that DOE either shall be within ± 0.1 percent. DOE also obtained using an appropriately rated define ‘‘draft-free’’ or remove it from the considered ANSI C78.389, section 3.2, reference ballast or power source whose MH lamp ballast test procedures. which states that the power supply characteristics are within the required (Docket No. EERE–2008–BT–TP–0017, voltage should be regulated such that it specifications listed in section III.B.1.c. NEMA, No. 0024 at p. 3) In preparing will be steady and free of sudden The test equipment required to conduct the MH lamp ballast test procedures changes (e.g., noise, line transients) and all the test procedures’ electric and final rule, DOE reviewed industry test shall be regulated to within ± 0.5 photometric measurements is proposed procedures for the topic of air speed. percent of the reference ballast voltage to be calibrated and meet the required (Various documents use different terms; rating. ANSI C78.389, section 3.2, also performance specifications in ANSI therefore, DOE also specifically notes that if automatic voltage C78.389 and LM–51. reviewed the terms ‘‘airflow’’ and ‘‘air regulation is not provided, constant movement.’’) 75 FR at 10956 (March 9, checking and readjustments of the a. Ambient Conditions 2010). DOE found that air speed supply will be necessary for accurate The test apparatus must be operated requirements varied, with some lamp test measurements. DOE proposes in a location where ambient conditions industry test procedures using non- to use the LM–51 requirement for (e.g., ambient temperature and air quantitative terms such as ‘‘still air’’ or voltage regulation, however, to speed) are stable, in accordance with the ‘‘draft free.’’ This proposed HID lamps minimize variations in electrical and specifications listed as follows. air speed requirement is the same as the photometric measurements and provide MH lamp ballast testing requirement. more consistent test measurements. i. Ambient Test Temperature DOE’s view is that specifying a DOE proposes that voltage regulation be DOE proposes an ambient maximum air speed requirement as part within ± 0.1 percent of the reference temperature requirement of 25 °C ± 5 °C of the test conditions acknowledges ballast voltage rating. DOE invites for HID lamp testing in accordance with industry practices intended to minimize comment on the voltage requirements ANSI C78.389. This is the industry forced convection cooling that could proposed. standard temperature for testing most affect measured photometric and ballasted and non-ballasted light electrical data. Thus, DOE proposes to iii. Power Supply Impedance sources (both HID and other types of For HID lamp testing, DOE proposes sources). It is also the temperature 18 A notation in this form provides a reference for to adopt the power supply impedance 17 information that is in the docket of DOE’s required by the MH lamp ballast test rulemaking to develop test procedures for metal procedures final rule. 75 FR 10950, halide lamp ballasts (Docket No. EERE–2008–BT– 19 RMS—is the root-mean-square and comes from 10956 (March 9, 2010). Although HID TP–0017), which is maintained at http:// a mathematical formula that calculates the www.regulations.gov. This notation indicates that ‘‘effective’’ value of any alternating current wave lamps are not as sensitive as other the statement preceding the reference is document shape. ‘‘True’’ means that the RMS is calculated to number 0013 in the docket for the metal halide the formula where ‘‘average responding’’ use 17 MH (metal halide) is one of the three types of lamp ballasts test procedures rulemaking, and scaling function to calculate the value. ‘‘True’’ is HID lamps. appears at page 13 of that document. the more accurate type.

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measurement method and impedance here for electrical measurements are ii. Instrumentation for Photometric limit specified in ANSI C78.389, section described in ANSI C78.389, section 3.8. Measurement 3.2, which requires that power supply The instruments proposed here for impedance remain at or below 2 percent photometric instruments are described DOE proposes that the photometer of the reference ballast impedance, in LM–51, section 9.0. These have a relative spectral responsivity that approximates that of the human eye measured at the point where the instrumentation requirements for (i.e., the V-lambda (V(l)) function). DOE reference ballast and lamp are electrical and photometric accepts use of either an integrating connected. This method requires that measurements are detailed in the sphere or a goniophotometer for such variable autotransformers or other following sections. voltage transformation devices have measurements. DOE proposes that kilovolt-ampere ratings of at least five i. Instrumentation Required for photometric measurements of color times the lamp wattage. DOE invites Electrical Measurement characteristics be specified in terms of comment on this proposed power the CIE colorimetry system and CRI. supply impedance measurement DOE proposes that instruments used LM–51 provides further details method and impedance limit. for electrical measurements be accurate regarding photometric measurements as to better than 0.75 percent over a well as colorimetry and CRI. c. Reference Ballasts frequency range of 40 to 1000 Hz, with In the case of integrating sphere DOE proposes to adopt the reference calibration capability (e.g., scale measurements, the spectral responsivity ballast requirements of ANSI C78.389 calibration). These accuracy and range would be measured taking into account for HID lamp testing. For HID lamp requirements are the same as the the relative spectral throughput of the measurements (electrical and industry requirement in ANSI C78.389, sphere and detector spectral photometric), ANSI C78.389, section section 3.8.1. responsivity.21 The detector used in an 3.4, requires that tested lamps be integrating sphere measurement must operated with (1) An appropriately rated DOE also proposes that instrument have a wide field of view reference ballast or (2) a reference impedance be high compared to the ballast with variable impedance that can load impedance (high impedance is (approximating a cosine response) to be set to match the impedance and typically in the megaohm range) for maximize the sampled area of the electrical requirements for each lamp voltage measurements, and low sphere wall during measurement. If a type to be tested. ANSI C78.389 states compared to the load impedance (low diffuser is used on the detector, its that the reference ballast should have impedance is typically in the milliohm surface would need to be mounted flush the impedance and the electrical range) for current measurements to with the sphere wall. characteristics required by the lamp reduce the effects of the measurement An integrating sphere for luminous being tested to prevent the measured instrumentation in the circuit. flux measurements must be large characteristics from differing from those Specifically, for lamp current enough to allow the sphere’s interior stated by the lamp manufacturer. DOE measurements, instruments connected ambient temperature to reach thermal notes that a ballast with different in series with the HID lamp being tested equilibrium at the specified ambient electrical characteristics, regardless of would have an impedance such that the temperature and to permit the internal its impedance, can materially alter the voltage drop remains at or below 2 baffle(s) to be small relative to the size measured electrical characteristics of percent (1 percent for HPS lamps) of the of the integrating sphere. the lamp.20 If electrical readings are to rated lamp voltage under the proposal, For measurements using a be taken on a lamp for which no ANSI unless the instrument impedance has goniophotometer, DOE proposes that the standard exists, DOE proposes that the detector required for intensity HID reference ballast have impedance already been included as part of the reference ballast impedance. If distribution measurements have a appropriate for the lamp as specified in cosine response. This proposed the standards incorporated by reference corrections for the presence of instrumentation in the circuit are to be requirement is particularly important in ANSI C78.389. for those cases in which the calibration DOE has determined that reference avoided, the voltage drop shall be at or source subtends a smaller viewing angle ballasts are readily available, based on below 0.75 percent (0.50 percent for than the test source. The intensity review of industry literature, HPS lamps) of the rated lamp voltage. distribution around a lamp would be communication with independent For lamp voltage measurements, determined with a photometer at a testing laboratories, and communication instruments connected in parallel with recommended minimum distance of five with industry, and that their use is the lamp being tested are proposed to times the longest dimension of the likely to provide repeatable and not draw more than 1 percent of the lamp. The axis of rotation used to vary consistent measurements. DOE invites rated lamp current. If the correction due the angle between the lamp and the comment on its proposed reference to the presence of such instruments is detector is to preserve the lamp ballast requirements based on ANSI to be avoided, then the current draw is orientation relative to the detector to C78.389. proposed to be limited to 0.5 percent of provide measurement consistency and d. Instrumentation the rated lamp current. These proposals repeatability. are consistent with section 3.8.2 of DOE proposes to adopt the electrical These proposals are consistent with and photometric instrumentation ANSI C78.389. LM–51–00. DOE invites comment on requirements of ANSI C78.389 and LM– DOE proposes that instruments these proposed requirements for 51, respectively, for its HID lamp test selected for HID lamp voltage and instrumentation. procedures. The instruments proposed current measurement be of the true RMS type and have a specified accuracy and 21 The relative spectral throughput of an 20 ANSI C78.389 states that measuring lamp frequency response adequate to meet the integrating sphere is the ratio of the spectral characteristics using ballasts other than reference specified uncertainty requirements (i.e., irradiance on the detector port of the sphere by a ballasts produces results that are not consistent ± reference light source and the spectral irradiance of with these test procedures and are only valid for the 0.5 percent for voltage and current and the same source measured outside the integrating ballast and circuit used to obtain the results. ±0.75 percent for wattage). sphere.

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2. Lamp Selection and Setup and X¯ is the sample mean of the intermediate base incandescent lamps characteristic value,24 a. Basic Model (10 CFR 429.40). Bared or covered (no n is the number of samples, and reflector) medium base compact For HID lamp testing, DOE proposes xi is the ith sample; fluorescent lamps (CFLs), however, have that the energy efficiency characteristics Or, sample sizes that vary with the value of each basic model be determined (B) The lower 95 percent confidence being measured. Only 5 lamps are using these test procedures. As limit (LCL) of the characteristic value needed for efficacy or lumen discussed in section III.A.2, a ‘‘basic true mean divided by 0.97, where: maintenance, 6 unique (and not model’’ is a group of lamp models that previously tested) lamps are required for are essentially identical in design and rapid cycle stress testing, and a performance. The rated performance minimum of 10 units are required for characteristics proposed to be measured and X¯ is the sample mean of the life testing for these CFLs. (i.e., lumen output, CCT, and CRI) characteristic value, Based on its review of sample size should be similar for all of the lamps s is the sample standard deviation, requirements, DOE proposes to use a represented by a basic model. n is the number of samples, and sample size of 21 for HID lamps. This t0.95 is the t statistic for a 95-percent one- b. Sampling Plans is the same requirement as GSFL/GSIL/ tailed confidence interval with n-1 IRL, and is similar to the European For HID lamp testing, DOE proposes degrees of freedom (from statistical Union’s requirement of 20 samples. An tables). a lamp sampling method similar to that odd number of lamps is required to used for general service fluorescent In determining the proposed sampling establish a majority of surviving or lamps, incandescent reflector lamps, plan requirements, DOE reviewed failed lamps for life testing, whereas an and general service incandescent lamps sample size requirements for voluntary even number could produce a 50–50 (GSFL/GSIL/IRL).22 10 CFR programs for HID lamps (ENERGY split. Although lamp life is not a metric ® 430.27(a)(2)(i)–(ii) STAR ), European testing requirements, required in these proposed test DOE proposes to adopt the lamp and sample size requirements for other procedures, manufacturers will likely sampling method from 10 CFR 429.27 lighting technologies. use the same set of lamps for life testing for HID lamp testing as follows: ENERGY STAR luminaires (i.e., light as they do for the lumen maintenance For each basic model of HID lamps, fixtures) specification includes testing testing. The sample size of 21 addresses samples of production lamps from a requirements for luminaires using HID the variability in lamp production, and minimum sample size of 21 lamps are lamps. Metal halide (quartz and the 95 percent confidence limit to be tested, and the results for all ceramic) and HPS lamps are the only minimizes the tolerances in the testing samples are to be averaged over a HID lamps allowed for ENERGY STAR- instrumentation. consecutive 12-month period. The qualified luminaires. ENERGY STAR In summary, DOE proposes to base manufacturer is to randomly select a lamp-ballast efficacy testing requires a the sampling method for HID lamp minimum of three lamps from each minimum sample of three lamp-ballast testing on the method set forth in 10 month of production for a minimum of combinations. The remaining ENERGY CFR 429.27. For each basic model of 7 months out of the 12-month period. If STAR criteria (CCT, CRI, and lumen HID lamp, DOE proposes that the same production occurs during fewer than 7 maintenance) require a minimum 10 samples be used for measuring color of such 12 months, the manufacturer is samples of each lamp model be tested. characteristics as were used for to randomly select three or more lamps In 2009, Commission Regulation (EC) luminous output (i.e., lumens and from each month of production, and the No 245 was published in the Official candelas (where required)) and power. number of lamps selected for each Journal of the European Union. This The sampling method for HID lamps month is to be distributed as evenly as document included both energy would be set forth as a new section in practicable among the months of efficiency standards and testing 10 CFR part 429. DOE invites comment production to obtain a minimum sample requirements for fluorescent and HID on the accuracy and applicability of the of 21 lamps. Due to inherent uncertainty lamps. Annex IV of the document proposed sampling method, and in any sample measurement, the defines the sample size for all lamps as whether an alternative sampling method confidence limit is set to 95 percent a total of 20 lamps of the same model would be more appropriate for HID based on the sample’s statistical t-test.23 and from the same manufacturer, lamps. Any represented characteristic value of randomly selected. c. Lamp Aging and Stabilization a basic model is to be based on this DOE also surveyed testing sample and this characteristic value is requirements for non-HID light sources. For HID lamp testing, DOE proposes to be no greater than the lower of: In 2011, the IES published TM–21–11, a lamp aging method based on ANSI (A) The mean of the sample, where: which provides the methodology for the C78.389, section 3.7, to ensure stable lumen maintenance of light-emitting photometric, color, and electrical diode (LED) sources and requires a characteristics of the lamp being tested. sample size of 20 LEDs. Covered Aging is performed once, for 100 hours, lighting products and equipment where on every lamp before stabilization and non-power values are being measured testing. ANSI C78.389, section 3.7, (e.g., lumens, CCT, CRI, lumen requires that, during the aging period, 22 DOE is currently amending the GSFL/GSIL/IRL maintenance) typically have sample test procedures. 76 FR 566661 (Sept. 14, 2011). the lamp be operated in the same 23 A t-test is used to determine if two sample sizes of 21 including general service orientation in which it will be used.25 groups from the same population are ‘‘statistically’’ fluorescent, general service DOE invites comment on the proposed different, e.g., variability of distribution about the incandescent, and incandescent lamp aging method for HID lamp sample mean. The t-test evaluates this statistical reflector lamps (10 CFR 429.27) and difference by calculating the ratio of sample group testing. Standard lamp orientation mean difference to group variance. This ratio is candelabra base incandescent lamps and analogous to a signal to noise ratio: the higher the 25 For example, if the lamp is to be operated in ratio, the less likely it is that the difference between 24 The characteristic value represents the the base-down position, the lamp must be operated the two groups is random. individual observations within a sample. (‘‘burned in’’ or ‘‘aged’’) in that base-down position.

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(burning position) would be base up C78.389, section 3.7. Under this ANSI C78.389, section 3.7, HID lamp unless otherwise designated by the proposal, after its one-time aging period, stabilization requirements vary with manufacturer.26 a lamp being tested should achieve lamp type. Table III.1 lists the lamp Lamps being tested for lumen stable operation prior to any warm-up, stabilization, and re- maintenance are proposed to be measurements. DOE included metal stabilization requirements for MV, HPS, operated with an appropriately rated halide lamp operational stability in the and MH lamps under ANSI C78.289. For ballast as described in section III.B.1.c, MH lamp ballast test procedures final example, MV lamps require a 15 to 20 or power source under specified normal rule, determining operational stability minute warm-up period, with stable operating conditions, defined in the for tested ballasts based on three operation indicated by three following sections, and be operated in consecutive measurements of lamp consecutive measurements of the lamp’s power, 5 minutes apart, in which the the same orientation used for the test electrical characteristics over a 15 procedures. three measurements had to remain minute period that vary by 1 percent or DOE also proposes a lamp within 2.5 percent tolerance. 75 FR at stabilization method based on ANSI 10958 (March 9, 2010). As detailed in less.

TABLE III.1—ANSI C78.389 HID LAMP WARM-UP AND STABILIZATION CRITERIA

Lamp type Lamp warm-up time Stabilization criteria

MV ...... 15–20 mins ...... 3 successive measurements (voltage and current). 5 minute measurement intervals. Change in value < 1.0%. HPS ...... 1 hour ...... 3 successive measurements (voltage and current). 10–15 minute measurement intervals. Change in value < 1.0%. MH ...... 6 hours operated within ±10% rated wattage ...... 3 successive measurements (voltage and current). 10–15 minute measurement intervals. Change in value < 3.0%.

For HID lamp testing, DOE proposes moving and re-stabilizing the lamp minimized by switching the lamp to adopt the more detailed lamp-specific before final testing can begin. between ballasts without extinguishing stabilization requirements of ANSI The lamp cool down and transfer the arc. Less warm-up time is required C78.389, section 3.7, as shown in Table requirements of ANSI C78.389, section if the two ballasts being switched are III.1. DOE invites comment on these 3.7, are shown in Table III.2. The electrically equivalent; otherwise, an proposed requirements, as well as any requirements vary by HID lamp type additional warm-up period of 5 to 10 appropriate alternative lamp and with the specifics of the lamp minutes may be required. According to stabilization procedures. movement. Under ANSI requirements, LM–51, section 6.2, some HID lamps MH lamps that will be physically may require a brief cooling period d. Lamp/Circuit Transfer relocated without a change in before testing may be restarted, in which DOE proposes to adopt the lamp orientation must be allowed to cool to transfer and re-stabilization methods of 60 °C before moving and then be case another 10 to 30 minutes of warm- ANSI C78.389, section 3.7, for HID lamp warmed up for 30 minutes in the new up time may be required before testing. HID lamps are very sensitive to location before stabilization stabilization measurements may be movement once they are warmed up measurements may begin. If its taken. LM–51 does not specifically give and stabilized. Therefore, any orientation changes, the MH lamp is to guidance regarding the cooling significant movement or disturbance be operated for 6 hours in the final requirements, whereas ANSI C78.389 could destabilize the lamp operation, testing orientation before stabilization gives specific requirements (e.g., time or altering its output or electrical measurements may be taken. HPS lamps temperature) for cooling. LM–51 also characteristics and requiring the lamp to require a cooling period of at least 1 generalizes re-stabilization, whereas be re-stabilized prior to testing. The re- hour before the lamps may be moved ANSI C78.389 provides specific stabilization time varies by lamp type, and restarted prior to stabilization guidance for re-stabilization whether the lamp arc has been measurements. MV lamps do not require requirements for each of the HID lamp extinguished, and whether lamp cooling, but must be warmed up before types. Therefore, given the sensitivity to orientation has changed. Lamps are stabilization measurements may be movement of certain types of HID often ‘‘pre-burned’’ on a different ballast taken after the lamps are moved. lamps, DOE has opted for the ANSI than that used for final electrical and Alternatively, LM–51, section 6.2, C78.389 re-stabilization requirements. photometric testing, which requires states that stabilization may be

TABLE III.2—ANSI C78.389 HID LAMP COOL DOWN AND RE-STABILIZATION REQUIREMENTS

Lamp type Cooling requirement Re-stabilization time

MV ...... None ...... Not in standard, Reconfirm stabilized operations upon transfer/restrike. HPS ...... Allow to cool for 1 hour minimum be- Not in standard, Reconfirm stabilized operations upon transfer/restrike. fore relocating.

26 Lamp orientation is designated in the lamp manufacturer catalogs, specification sheets, and the designation (catalog code) and included in packaging.

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TABLE III.2—ANSI C78.389 HID LAMP COOL DOWN AND RE-STABILIZATION REQUIREMENTS—Continued

Lamp type Cooling requirement Re-stabilization time

MH ...... Cool to below 60 °C if relocating ...... No relocation no reorientation—30 minutes, Relocation with no reorientation— 30 minutes, Reorientation—6 hours.

In summary, DOE proposes to adopt determine the beam angle of directional ANSI C78.379 for measuring center the lamp transfer and re-stabilization lamps. DOE proposes that set-up and beam intensity, beam angle, and other methods of ANSI C78.389, section 3.7, measurement of directional lamps be relevant characteristics of directional for HID lamp testing, as summarized in done in accordance with ANSI C78.379, lamps with symmetrical or Table III.2. DOE invites comment on which provides classification of beam asymmetrical beams. For lamps with these proposed methods, as well as any patterns and specification of directional complex beam patterns (e.g., containing alternative appropriate lamp transfer lamp measurement and evaluation. DOE multiple lobes of varying intensity), and re-stabilization methods. invites comment on its proposal to DOE proposes to adopt the procedure e. Lamp Orientation adopt the test methods outlined in ANSI described in ANSI C78.379, annex A, for C78.379 for directional lamps. HID lamp testing. DOE invites comment DOE proposes to adopt the lamp on the proposed test procedures, as well orientation requirements of ANSI C. Laboratory Accreditation Program as any appropriate alternative test C78.389, section 3.6, for HID lamp DOE proposes to adopt the procedures for center beam intensity testing. Lamp orientation is critical for requirements for selecting testing measurement. the testing of most HID lamps, and laboratories for HID lamps from the industry procedures have been GSFL/GSIL/IRL test procedures final 3. Test Method for Measuring Lumen developed to ensure the correct rule. 74 FR 31829, 31841 (July 6, 2009). Maintenance orientation is maintained for consistent That rule states that testing is to be electrical and photometric conducted by test laboratories DOE received comments on the measurements. accredited by the National Voluntary proposed HID lamps determination from ANSI C78.389, section 3.6, requires Laboratory Accreditation Program NEMA supporting DOE’s inclusion of that a lamp marked or designated on the (NVLAP) or by an accrediting lumen maintenance in potential energy lamp’s data sheet for use in a specific organization recognized by NVLAP. conservation standards. (Docket No. operating position be tested in that NVLAP establishes standards for the EERE–2006–DET–0112, NEMA, No. position. If no operating position is accreditation of laboratories that test for 0021 at p. 2) DOE proposes to include specified or the lamp is marked compliance with relevant industry measuring lumen maintenance (i.e., the ‘‘universal,’’ the lamp is to be operated standards pursuant to 15 CFR 285.3. A percentage (or fraction) of lamp light in the base up position. manufacturer’s or importer’s own output relative to initial output, over In contrast, LM–51 does not contain laboratory, if accredited, may be used to time) for HID lamps. As discussed in the lamp orientation requirements for conduct the applicable testing. 15 CFR HID lamp determination technical testing, except to note that lamp 285.3 support document, different orientation during warm-up must be the DOE invites comment on these manufacturers choose different points of same as that during photometry. LM–51 proposed requirements, as well as any rated life to measure lumen also states that the manufacturer’s alternative requirements for testing maintenance for the different HID specifications should be consulted for laboratory selection. lamps.27 The proposed DOE test method any restrictions on lamp orientation. for lumen maintenance would provide a In summary, DOE proposes to adopt D. Test Measurements and Calculations standard measurement for this metric. the more specific lamp orientation 1. Measurement and Calculation of In addition, lumen maintenance is a requirements of ANSI C78.389, section Efficacy more significant issue for HID lamps 3.6, for HID lamp testing because ANSI than for other electric lamps, and DOE DOE proposes that HID lamp efficacy provides specific guidance for both MH already measures lumen maintenance be calculated as the lumen output and MV lamps where lamp position is for compact fluorescent lamps, using the divided by the input lamp wattage critical. ANSI C78.389 also provides procedure at 10 CFR part 430, subpart default guidance if no position is measured, with the resulting quotient rounded off to the nearest tenth of a B, appendix W. For HID lamp testing, specified. DOE invites comment on DOE proposes to adopt the test method these proposed requirements, as well as lumen per watt. This requirement is described in LM–47, wherein lamp on any appropriate alternative lamp consistent with the 2009 GSFL/GSIL/ lumen maintenance is determined after testing orientation requirements. IRL test procedures final rule, in which DOE required testing to a tenth of a initial lamp aging and initial lumen 3. Special Considerations for Directional lumen per watt. 74 FR 31829, 31836 output measurement. At a minimum, Lamps (July 6, 2009). DOE invites comment on the lumen maintenance measurements Directional lamps, which are typically this proposed efficacy calculation are to be collected at 40 percent and 70 reflector lamps with a discernible beam method. pattern, have different set-up and 27 U.S. Department of Energy—Office of Energy measurement requirements than do 2. Measurement and Calculation of Efficiency and Renewable Energy. Energy Center Beam Intensity and Beam Angle Conservation Program for Commercial and omni-directional lamps. Care must be Industrial Equipment: Technical Support taken to ensure a directional lamp is As indicated in section III.B.3, Document: High-Intensity Discharge Lamps properly positioned prior to testing for directional lamps have different set-up Analysis of Potential Energy Savings Final Determination. June 2010. Washington, DC accurate measurement of center beam and measurement requirements than do www1.eere.energy.gov/buildings/ intensity and beam angle. There are also omni-directional lamps. DOE proposes appliance_standards/commercial/pdfs/ additional calculations required to to adopt the procedure described in hid_nod_tsd_ch3_ta_07_01_2010.pdf.

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percent of rated lamp life, as described DOE invites comment on the proposal publication of any final test procedures in LM–47. to adopt the procedures and methods set in the Federal Register. DOE invites comment on the forth in CIE 15 to determine lamp CCT, The compliance date for making any proposed test method, as well as any and the procedure and methods in CIE representations of the energy efficiency appropriate alternative test method for 13.3 to determine CRI, as well as any derived from the test procedures is 180 determining HID lamp lumen appropriate alternative methods for days from the date of the publication of maintenance. determining these lamp color any final test procedures in the Federal properties. 4. Measurement and Calculation of Register. On or after that date, any such Correlated Color Temperature and Color E. Standby Mode and Off Mode Energy representations, including those made Rendering Index Usage on marketing materials and product labels, would be required to be based on DOE proposes to adopt CCT and CRI As discussed previously in section II, results generated under the final test measurement methods based on CIE 15 there is no standby mode or off mode procedures and the applicable sampling and CIE 13.3. The CIE is internationally energy use by HID lamps. DOE has plans. accepted as the authority for industry preliminarily concluded that HID lamps Until DOE establishes energy standards and references for color, do not operate in a standby or off mode. conservation standards for HID lamps, colorimetry, and related practices and If a covered product is a single-function manufacturers, including importers, are procedures. CIE recommendations are product and does not offer any not required to submit compliance peer-reviewed by committee and revised secondary user-oriented or protective statements or certification reports for and expanded as needed given new functions, it does not satisfy the EPCA HID lamps. DOE will address these developments in lighting practice and definition for ‘‘standby mode.’’ (42 requirements should DOE establish science. DOE has previously U.S.C. 6259(gg)(1)(A)(iii)) All covered energy conservation standards for HID incorporated these standards in the equipment that meets a relevant lamps. GSFL/GSIL/IRL test procedures final definition of HID lamp is single- rule. 74 FR 31829, 31834 (July 6, 2009). function equipment that does not offer IV. Procedural Issues and Regulatory In the past, DOE has used CCT to any secondary user-oriented or Review define and categorize certain kinds of protective functions, thus HID lamps do A. Review Under Executive Order 12866 lamps (e.g., modified-spectrum not operate in standby mode. With fluorescent and incandescent lamps, respect to off mode, HID lamps must be The Office of Management and Budget and general service fluorescent lamps). entirely disconnected from the main (OMB) has determined that test DOE also created product classes and power source (i.e., the lamp is switched procedure rulemakings do not constitute set efficacy standards based on CCT in off) in order to not provide any active ‘‘significant regulatory actions’’ under the GSFL/GSIL/IRL test procedures final mode or standby mode functions (i.e., section 3(f) of Executive Order 12866, rule. 74 FR at 34097 (July 6, 2009). DOE emit light or instant start readiness ‘‘Regulatory Planning and Review,’’ 58 is considering chromaticity (CCT) as a state), to meet the second provision in FR 51735 (Oct. 4, 1993). Accordingly, means to define equipment classes and the definition of ‘‘off mode.’’ (42 U.S.C. this action was not subject to review set energy conservation standards for 6259(gg)(1)(A)(ii)) 30 Therefore, DOE has under the Executive Order by the Office HID lamps. Currently, there are no determined that the HID lamps that are of Information and Regulatory Affairs industry-accepted color/chromaticity the subject of this rulemaking do not (OIRA) in the OMB. guidelines for HID lamps. DOE operate in standby mode or off mode, B. Review Under the Regulatory examined industry practices and, in and does not propose to incorporate a Flexibility Act particular, the recommendations from test method for either of these modes IES and CIE organization and industry into the test procedures for HID lamps.31 The Regulatory Flexibility Act (5 standards regarding color. For HID lamp U.S.C. 601 et seq.) requires preparation F. Effective Date and Compliance Date of an initial regulatory flexibility testing, DOE proposes to adopt the to the Test Procedures and Compliance procedures and methods in CIE 15 to analysis for any rule that by law must Date for Submitting High-Intensity be proposed for public comment, unless determine HID lamp CCT. Discharge Certification Reports DOE is also considering CRI as a the agency certifies that the rule, if means to define equipment classes and The effective date for these test promulgated, will not have a significant set energy conservation standards for procedures would be 30 days after economic impact on a substantial HID lamps. DOE proposes to adopt the number of small entities. As required by R9 provides additional color rendering information Executive Order 13272, ‘‘Proper methods and procedures set forth in CIE necessary to select lamps. DOE may consider the 13.3 to determine lamp CRI. In Consideration of Small Entities in CRI value R9 in setting standards for HID lamps but Agency Rulemaking,’’ 67 FR 53461 particular, the methods identified in CIE does not propose measurement of that value in 13.3 determine a set of 14 special CRI today’s test procedures for HID lamps. (Aug.16, 2002), DOE published values, 8 of which are used to calculate 30 While EPCA authorizes DOE to amend these procedures and policies on February 19, mode definitions, DOE believes that amendment is the lamp CRI.28 29 2003 to ensure that the potential unnecessary because the active mode definition is impacts of its rules on small entities are appropriate for HID lamps, and the proposed active 28 The special values or indices are not actually mode test procedure accounts for the energy use of properly considered during the DOE measured. Standard measurement software these lamps. rulemaking process. 68 FR 7990. DOE incorporates algorithms that compare the measured 31 In the GSFL/GSIL/IRL test procedure final rule, has made its procedures and policies color information against the indices. CRI then DOE concluded that measuring off mode and available on the Office of the General averages the values for special values 1–8. standby mode energy consumption is not applicable 29 DOE notes that individual special CRI values to GSFL, GSIL, and IRL because, according to the Counsel’s web site: http:// can also be used to assess the color rendering or definitions of ‘‘standby mode’’ and ‘‘off mode,’’ www.gc.doe.gov. reproduction ability of a lamp for a certain color or current technologies of GSFL, GSIL, and IRL do not Today’s proposed rule would adopt colors. When a lighting application requires employ these two modes of operation. As such, test procedures for HID lamps based on saturated color rendering to provide accurate or DOE did not expand the test procedures to enhanced color appearance, however, the CRI value incorporate measurement methods for off mode or active industry testing standards, ANSI may not provide sufficient information to make the standby mode energy consumption of GSFL, GSIL, C78.379, ANSI C78.389, CIE 13.3, CIE appropriate choice of lamp. The special CRI value and IRL. 74 FR 31820, 31833 (July 6, 2009). 15, IES LM–47, and IES LM–51. DOE

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has reviewed today’s proposed rule listed by NAICS code and industry a small business under the SBA size under the provisions of the Regulatory description and are available at http:// standards. DOE conducted a market Flexibility Act and the policies and www.sba.gov/sites/default/files/ survey in which it reviewed industry procedures published on February 19, Size_Standards_Table.pdf. DOE trade association membership 2003. For the reasons explained as identified applicable size standards for directories (including NEMA), follows, DOE certifies that this test HID lamp manufacturers as NAICS individual company Web sites, and procedure rulemaking would not have a 335110, ‘‘Electric Lamp Bulb and Part marketing research tools (e.g., Dun and significant economic impact on a Manufacturing,’’ and NAICS 335121, Bradstreet reports, Manta) to create a list substantial number of small entities. ‘‘Residential Electric Lighting Fixture of companies that manufacture or sell The Small Business Administration Manufacturing.’’ The SBA’s size HID lamps covered by this rulemaking. (SBA) has set size standards for an standard for the respective NAICS codes Using these sources, DOE identified 15 entity to be classified as a ‘‘small are 1,000 employees or less (NAICS business’’ for the purpose of the 335110) and 500 employees or less possible manufacturers of HID lamps. regulatory flexibility analysis. DOE used (NAICS 335121). Table IV.1 lists these manufacturers, the the SBA’s size standards to determine DOE examined small business primary NAICS code for the company, whether any small entities would be manufacturers of equipment covered by and the SBA size standard for the required to comply with the rule. See 13 this rulemaking to determine whether applicable NAICS code. CFR part 121. The size standards are any of these manufacturers qualified as

TABLE IV.1—POSSIBLE MANUFACTURERS OF HID LAMPS

Manufacturer NAICS code SBA threshold

Eiko ...... 423610 100 employees. Eye (Iwasaki) ...... 335121 500 employees. Fulham ...... 335311 100 employees. GE Lighting ...... 335121 500 employees. Halco ...... 423610 1,000 employees. Havells ...... 335110 1,000 employees. LiteTronics ...... 423610 1,000 employees. OSRAM SYLVANIA ...... 423490 100 employees. Philips ...... 339112 500 employees. Superior Lamp Inc ...... 335110 1,000 employees. Superior Lamp Inc ...... 335110 1,000 employees. Technical Consumer Products (TCP Inc.) ...... 452990 $30M in sales. Topaz ...... 423610 100 employees. Ushio America ...... 423610 100 employees. Venture ...... 335110 1000 employees. Westinghouse Lighting ...... 423610 100 employees.

Of the 15 companies listed in the for testing the lifetime of general service by NVLAP. When accreditation is table,32 DOE could not identify any incandescent lamps. Although this is a sought for the first time, DOE has small business manufacturers. All of the different product, the two test determined that NVLAP imposes fees of companies either exceeded the procedures share elements. Per NEMA’s $9,000 and $8,000 on years one and two applicable size standard, were foreign itemized list, $66 is needed for materials of accreditation, respectively. For the owned and operated, or were not per lamp tested and labor and benefits years following, the fees alternate manufacturers of HID lamps. equate to $30 per lamp tested. (Docket between $5,000 and $8,000, with the In addition, DOE notes that the No. EERE–2011–BT–TP–0012, NEMA, $8,000 fee corresponding to the on-site proposed test procedures for HID lamps No. 0008 at p. 4) The HID lamps test evaluation required every other year. are based on test procedures developed procedures involve more tasks (i.e., DOE does not expect this requirement to and already in general use by industry. measuring lumens, measuring power, impose a significant additional burden These are the same industry standards measuring color characteristics, lumen for most manufacturers. Most HID lamp that manufacturers would need for maintenance) than a lifetime test (e.g., manufacturers also make other lamps existing voluntary performance operating the lamps until a sample that are currently covered products (e.g., standards, such as the ENERGY STAR population fails); therefore, labor and GSFL, GSIL, IRL, medium-base compact program requirements that are the basis material costs will probably be fluorescent lamps). The test procedures for the proposed test procedures. The somewhat greater for the HID test for those lamps already require a costs of this testing are described in the procedures. DOE estimates laboratory accredited by NVLAP or an following paragraph. approximately between $100 to $200 in NVLAP-recognized organization. DOE reviewed the potential costs for both materials and labor per lamp for Because the proposed test procedure testing basic models of HID lamps for the HID lamp test procedures. incorporates the same industry lumen output, power input, lumen Therefore, with a sample size of 21, the standards that manufacturers would maintenance, color characteristics, and, total costs per basic model are between need for existing voluntary performance when applicable, intensity. Recently, $2,100 and $4,200. standards, such as the ENERGY STAR NEMA provided a detailed list of costs In this NOPR, DOE also proposes to program requirements that are the basis require test facilities conducting HID for the proposed test procedures, and 32 Table IV.1 has 16 entries because DOE located two headquarters for Superior Lamp Inc.; however, lamp efficacy, color, and lumen because NVLAP certification is already both headquarters appear to belong to the same maintenance testing to be accredited by required for other types of lamps company. NVLAP or an organization recognized typically made by HID manufacturers,

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DOE does not find that the requirements approval either through a proposed has determined that it would not have in this document would result in any amendment to the information a substantial direct effect on the States, significant increase in testing costs. collection requirement approved under on the relationship between the national For the reasons stated in this section, OMB Control Number 1910–1400 or as government and the States, or on the DOE certifies that this proposed rule a separate proposed information distribution of power and would not have a significant impact on collection requirement. responsibilities among the various a substantial number of small entities. Notwithstanding any other provision levels of government. EPCA governs and Accordingly, DOE has not prepared a of the law, no person is required to prescribes Federal preemption of State regulatory flexibility analysis for this respond to, nor shall any person be regulations as to energy conservation for rulemaking. DOE’s certification and subject to a penalty for failure to comply the equipment that are the subject of supporting statement of factual basis with, a collection of information subject today’s proposed rule. States can will be provided to the Chief Counsel to the requirements of the PRA, unless petition DOE for exemption from such for Advocacy of the Small Business that collection of information displays a preemption to the extent, and based on Administration pursuant to 5 U.S.C. currently valid OMB Control Number. criteria, set forth in EPCA. (42 U.S.C. 605(b). DOE seeks comment regarding D. Review Under the National 6297(d)) No further action is required by whether the proposed amendments in Environmental Policy Act of 1969 Executive Order 13132. today’s rule would have a significant economic effect on any small entities. In this proposed rule, DOE proposes F. Review Under Executive Order 12988 test procedures that it expects will be Regarding the review of existing C. Review Under the Paperwork used to develop and implement future regulations and the promulgation of Reduction Act of 1995 energy conservation standards for HID new regulations, section 3(a) of There is currently no information lamps. DOE has determined that this Executive Order 12988, ‘‘Civil Justice collection requirement related to the test rule falls into a class of actions that are Reform,’’ 61 FR 4729 (Feb. 7, 1996), procedure for HID lamps. In the event categorically excluded from review imposes on Federal agencies the general that DOE proposes an energy under the National Environmental duty to adhere to the following conservation standard with which Policy Act of 1969 (42 U.S.C. 4321 et requirements: (1) Eliminate drafting manufacturers must demonstrate seq.) and DOE’s implementing errors and ambiguity; (2) write compliance, or otherwise proposes to regulations at 10 CFR part 1021. regulations to minimize litigation; (3) require the collection of information Specifically, this proposed rule would provide a clear legal standard for derived from the testing of HID lamps establish test procedures without affected conduct rather than a general according to this test procedure, DOE affecting the amount, quality, or standard; and (4) promote simplification will seek OMB approval of such distribution of energy usage, and and burden reduction. Section 3(b) of information collection requirement. therefore would not result in any Executive Order 12988 specifically Manufacturers of covered products environmental impacts. Thus, this requires that Executive agencies make must certify to DOE that their products rulemaking is covered by Categorical every reasonable effort to ensure that the comply with any applicable energy Exclusion A6 under 10 CFR part 1021, regulation: (1) Clearly specifies the conservation standard developed by subpart D, which applies to any preemptive effect, if any; (2) clearly DOE. In certifying compliance, rulemaking that interprets or amends an specifies any effect on existing Federal manufacturers must test their products existing rule without changing the law or regulation; (3) provides a clear according to the applicable DOE test environmental effect of that rule. legal standard for affected conduct procedure, including any amendments Accordingly, neither an environmental while promoting simplification and adopted for that test procedure. assessment nor an environmental burden reduction; (4) specifies the DOE established regulations for the impact statement is required. retroactive effect, if any; (5) adequately certification and recordkeeping defines key terms; and (6) addresses E. Review Under Executive Order 13132 requirements for certain covered other important issues affecting clarity consumer products and commercial Executive Order 13132, ‘‘Federalism,’’ and general draftsmanship under any equipment. 76 FR 12422 (March 7, 64 FR 43255 (Aug. 4, 1999), imposes guidelines issued by the Attorney 2011). The collection-of-information certain requirements on agencies General. Section 3(c) of Executive Order requirement for the certification and formulating and implementing policies 12988 requires Executive agencies to recordkeeping was subject to review and or regulations that preempt State law or review regulations in light of applicable approval by OMB under the Paperwork that have Federalism implications. The standards in sections 3(a) and 3(b) to Reduction Act (PRA). This requirement Executive Order requires agencies to determine whether they are met or it is was approved by OMB under OMB examine the constitutional and statutory unreasonable to meet one or more of Control Number 1910–1400. Public authority supporting any action that them. DOE has completed the required reporting burden for the certification would limit the policymaking discretion review and determined that, to the was estimated to average 20 hours per of the States and to carefully assess the extent permitted by law, the proposed response, including the time for necessity for such actions. The rule meets the relevant standards of reviewing instructions, searching Executive Order also requires agencies Executive Order 12988. existing data sources, gathering and to have an accountable process to maintaining the data needed, and ensure meaningful and timely input by G. Review Under the Unfunded completing and reviewing the collection State and local officials in the Mandates Reform Act of 1995 of information. development of regulatory policies that Title II of the Unfunded Mandates As stated above, in the event DOE have Federalism implications. On Reform Act of 1995 (UMRA) requires proposes an energy conservation March 14, 2000, DOE published a each Federal agency to assess the effects standard for HID lamps with which statement of policy describing the of Federal regulatory actions on State, manufacturers must demonstrate intergovernmental consultation process local, and Tribal governments and the compliance, DOE will seek OMB it will follow in the development of private sector. Public Law 104–4, approval of the associated information such regulations. 65 FR at13735. DOE section 201 (codified at 2 U.S.C. 1531). collection requirement. DOE will seek has examined this proposed rule and For a proposed regulatory action likely

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to result in a rule that may cause the for agencies to review most of commercial standards, the notice of expenditure by State, local, and Tribal disseminations of information to the proposed rulemaking must inform the governments, in the aggregate, or by the public under guidelines established by public of the use and background of private sector of $100 million or more each agency pursuant to general such standards. In addition, section in any one year (adjusted annually for guidelines issued by OMB. OMB’s 32(c) requires DOE to consult with the inflation), section 202 of UMRA requires guidelines were published at 67 FR Attorney General and the Chairman of a Federal agency to publish a written 8452 (Feb. 22, 2002), and DOE’s the Federal Trade Commission (FTC) statement that estimates the resulting guidelines were published at 67 FR concerning the impact of the costs, benefits, and other effects on the 62446 (Oct. 7, 2002). DOE has reviewed commercial or industry standards on national economy. (2 U.S.C. 1532(a), (b)) today’s proposed rule under the OMB competition. The UMRA also requires a Federal and DOE guidelines and has concluded The proposed test procedures agency to develop an effective process that it is consistent with applicable incorporate testing methods contained to permit timely input by elected policies in those guidelines. in the following commercial standards: officers of State, local, and Tribal K. Review Under Executive Order 13211 1. ANSI C78.379–2006, ‘‘For Electric governments on a proposed ‘‘significant Lamps—Classification of Beam Patterns intergovernmental mandate,’’ and Executive Order 13211, ‘‘Actions of Reflector Lamps’’; requires an agency plan for giving notice Concerning Regulations That 2. ANSI C78.389–R2009, ‘‘For Electric and opportunity for timely input to Significantly Affect Energy Supply, Lamps—High Intensity Discharge— potentially affected small governments Distribution, or Use,’’ 66 FR 28355 (May Methods of Measuring Characteristics’’ before establishing any requirements 22, 2001), requires Federal agencies to (sections 1.0, 2.0, 3.0, and Figure 1); that might significantly or uniquely prepare and submit to OMB a Statement 3. CIE 13.3–1995, ‘‘Technical Report: Method affect small governments. On March 18, of Energy Effects for any proposed of Measuring and Specifying Colour 1997, DOE published a statement of significant energy action. A ‘‘significant Rendering Properties of Light Sources’’; 4. CIE 15:2004, ‘‘Technical Report: policy on its process for energy action’’ is defined as any action by an agency that promulgated or is Colorimetry’’; intergovernmental consultation under 5. IES LM–47–01, ‘‘Approved Method for Life UMRA. 62 FR 12820; also available at expected to lead to promulgation of a Testing of High Intensity Discharge (HID) http://www.gc.doe.gov. DOE examined final rule, and that: (1) Is a significant Lamps’’; and today’s proposed rule according to regulatory action under Executive Order 6. IES LM–51–00, ‘‘Approved Method for the UMRA and its statement of policy and 12866, or any successor order; and (2) Electrical and Photometric determined that the rule contains is likely to have a significant adverse Measurements of High Intensity neither an intergovernmental mandate, effect on the supply, distribution, or use Discharge Lamps’’ (sections 1.0, 3.2, 9.0, nor a mandate that may result in the of energy; or (3) is designated by the 10.0, 11.0, and 12.0). expenditure of $100 million or more in Administrator of OIRA as a significant DOE evaluated these standards and is any year, so these requirements do not energy action. For any proposed unable to conclude whether they fully apply. significant energy action, the agency comply with the requirements of section must give a detailed statement of any 32(b) of the Federal Energy H. Review Under the Treasury and adverse effects on energy supply, Administration Act, (i.e., that they were General Government Appropriations distribution, or use should the proposal developed in a manner that fully Act, 1999 be implemented, and of reasonable provides for public participation, Section 654 of the Treasury and alternatives to the action and their comment, and review). Before General Government Appropriations expected benefits on energy supply, prescribing a final rule, DOE will Act, 1999 (Pub. L. 105–277) requires distribution, and use. consult with the Attorney General and Federal agencies to issue a Family Today’s regulatory action to create the the Chairman of the FTC about the effect Policymaking Assessment for any rule test procedures for measuring the energy of these test procedures on competition. that may affect family well-being. This efficiency of HID lamps is not a rule would not have any impact on the significant regulatory action under V. Public Participation autonomy or integrity of the family as Executive Order 12866. Moreover, it A. Attendance at Public Meeting an institution. Accordingly, DOE has would not have a significant adverse concluded that it is not necessary to effect on the supply, distribution, or use The time, date, and location of the prepare a Family Policymaking of energy, nor has it been designated as public meeting are listed in the DATES Assessment. a significant energy action by the and ADDRESSES sections at the beginning Administrator of OIRA. Therefore, it is of this document. If you plan to attend I. Review Under Executive Order 12630 not a significant energy action, and, the public meeting, please notify Ms. DOE has determined, under Executive accordingly, DOE has not prepared a Brenda Edwards at (202) 586–2945 or Order 12630, ‘‘Governmental Actions Statement of Energy Effects. [email protected]. As and Interference with Constitutionally explained in the ADDRESSES section, L. Review Under Section 32 of the Protected Property Rights’’ 53 FR 8859 foreign nationals visiting DOE Federal Energy Administration Act of (March 18, 1988), that this regulation Headquarters are subject to advance 1974 would not result in any takings that security screening procedures. might require compensation under the Under section 301 of the Department In addition, you can attend the public Fifth Amendment to the U.S. of Energy Organization Act (Pub. L. 95– meeting via webinar. Webinar Constitution. 91; 42 U.S.C. 7101), DOE must comply registration information, participant with section 32 of the Federal Energy instructions, and information about the J. Review Under the Treasury and Administration Act of 1974, as amended capabilities available to webinar General Government Appropriations by the Federal Energy Administration participants will be published on DOE’s Act, 2001 Authorization Act of 1977. (15 U.S.C. Web site http://www1.eere.energy.gov/ Section 515 of the Treasury and 788; FEAA) Section 32 essentially buildings/appliance_standards/ General Government Appropriations provides in relevant part that, where a commercial/ Act, 2001 (44 U.S.C. 3516 note) provides proposed rule authorizes or requires use high_intensity_discharge_lamps.html.

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Participants are responsible for ensuring questions of participants concerning Web site will waive any CBI claims for their systems are compatible with the other matters relevant to this the information submitted. For webinar software. rulemaking. The official conducting the information on submitting CBI, see the public meeting will accept additional Confidential Business Information B. Procedure for Submitting Prepared comments or questions from those section. General Statement for Distribution attending, as time permits. The DOE processes submissions made Any person who has plans to present presiding official will announce any through regulations.gov before posting. a prepared general statement may further procedural rules or modification Normally, comments will be posted request that copies of his or her of the above procedures that may be within a few days of being submitted. statement be made available at the needed for the proper conduct of the However, if large volumes of comments public meeting. Such persons may public meeting. are being processed simultaneously, submit requests, along with an advance A transcript of the public meeting will your comment may not be viewable for electronic copy of their statement in be included in the docket, which can be up to several weeks. Please keep the PDF (preferred), Microsoft Word or viewed as described in the Docket comment tracking number that Excel, WordPerfect, or text (ASCII) file section at the beginning of this notice. regulations.gov provides after you have format, to the appropriate address In addition, any person may buy a copy successfully uploaded your comment. shown in the ADDRESSES section at the of the transcript from the transcribing Submitting comments via email, hand beginning of this notice. The request reporter. delivery, or mail. Comments and and advance copy of statements must be documents submitted via email, hand received at least one week before the D. Submission of Comments delivery, or mail also will be posted to public meeting and may be emailed, DOE will accept comments, data, and regulations.gov. If you do not want your hand-delivered, or sent by mail. DOE information regarding this proposed personal contact information to be prefers to receive requests and advance rule before or after the public meeting, publicly viewable, do not include it in copies via email. Please include a but no later than the date provided in your comment or any accompanying telephone number to enable DOE staff to the DATES section at the beginning of documents. Instead, provide your make a follow-up contact, if needed. this proposed rule. Interested parties contact information on a cover letter. may submit comments using any of the Include your first and last names, email C. Conduct of Public Meeting methods described in the ADDRESSES address, telephone number, and DOE will designate a DOE official to section at the beginning of this notice. optional mailing address. The cover preside at the public meeting and may Submitting comments via letter will not be publicly viewable as also use a professional facilitator to aid regulations.gov. The regulations.gov long as it does not include any discussion. The meeting will not be a web page will require you to provide comments. judicial or evidentiary-type public your name and contact information. Include contact information each time hearing, but DOE will conduct it in Your contact information will be you submit comments, data, documents, accordance with section 336 of EPCA viewable to DOE Building Technologies and other information to DOE. Email (42 U.S.C. 6306). A court reporter will staff only. Your contact information will submissions are preferred. If you submit be present to record the proceedings and not be publicly viewable except for your via mail or hand delivery, please prepare a transcript. DOE reserves the first and last names, organization name provide all items on a CD, if feasible. It right to schedule the order of (if any), and submitter representative is not necessary to submit printed presentations and to establish the name (if any). If your comment is not copies. No facsimiles (faxes) will be procedures governing the conduct of the processed properly because of technical accepted. public meeting. After the public difficulties, DOE will use this Comments, data, and other meeting, interested parties may submit information to contact you. If DOE information submitted to DOE further comments on the proceedings as cannot read your comment due to electronically should be provided in well as on any aspect of the rulemaking technical difficulties and cannot contact PDF (preferred), Microsoft Word or until the end of the comment period. you for clarification, DOE may not be Excel, WordPerfect, or text (ASCII) file The public meeting will be conducted able to consider your comment. format. Provide documents that are not in an informal, conference style. DOE However, your contact information secured, written in English and are free will present summaries of comments will be publicly viewable if you include of any defects or viruses. Documents received before the public meeting, it in the comment or in any documents should not contain special characters or allow time for prepared general attached to your comment. Any any form of encryption and, if possible, statements by participants, and information that you do not want to be they should carry the electronic encourage all interested parties to share publicly viewable should not be signature of the author. their views on issues affecting this included in your comment, nor in any Campaign form letters. Please submit rulemaking. Each participant will be document attached to your comment. campaign form letters by the originating allowed to make a general statement Persons viewing comments will see only organization in batches of between 50 to (within time limits determined by DOE), first and last names, organization 500 form letters per PDF or as one form before the discussion of specific topics. names, correspondence containing letter with a list of supporters’ names DOE will permit, as time permits, other comments, and any documents compiled into one or more PDFs. This participants to comment briefly on any submitted with the comments. reduces comment processing and general statements. Do not submit to regulations.gov posting time. At the end of all prepared statements information for which disclosure is Confidential Business Information. on a topic, DOE will permit participants restricted by statute, such as trade According to 10 CFR 1004.11, any to clarify their statements briefly and secrets and commercial or financial person submitting information that he comment on statements made by others. information (hereinafter referred to as or she believes to be confidential and Participants should be prepared to Confidential Business Information exempt by law from public disclosure answer questions by DOE and by other (CBI)). Comments submitted through should submit via email, postal mail, or participants concerning these issues. regulations.gov cannot be claimed as hand delivery two well-marked copies: DOE representatives may also ask CBI. Comments received through the one copy of the document marked

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confidential including all the 3. Air Speed method for re-stabilization after lamp information believed to be confidential, DOE invites comments and data on transfer should be considered. See and one copy of the document marked the appropriateness of adopting the section III.B.2.d for a discussion of the non-confidential with the information maximum air speed limit (5 ≤ meters method for lamp transfer and re- believed to be confidential deleted. per second) for HID lamp testing that stabilization. Submit these documents via email or on DOE required for the MH lamp ballast 10. Lamp Orientation a CD, if feasible. DOE will make its own test procedures. See section III.B.1.a.ii determination about the confidential for a discussion of the proposed air DOE invites comments on the status of the information and treat it movement requirements. appropriateness of DOE’s proposed according to its determination. 4. Power Supply Characteristics adoption of the lamp orientation Factors of interest to DOE when requirements specified in section 3.6 of evaluating requests to treat submitted DOE invites comments on the ANSI C78.389, which require base up information as confidential include: (1) appropriateness of adopting the positioning unless the manufacturer A description of the items; (2) whether waveshape and power source specifies a different orientation on the and why such items are customarily impedance requirements set forth in lamp, lamp packaging, or lamp data treated as confidential within the ANSI C78.389 and the voltage sheet. DOE also seeks comments on industry; (3) whether the information is regulation requirement set forth in LM– whether a preferred lamp orientation generally known by or available from 51, as summarized and discussed in approach exists within the industry for section III.B.1.b. other sources; (4) whether the lamp testing. See section III.B.2.e for a information has previously been made 5. Reference Ballasts discussion of the proposed lamp available to others without obligation orientation requirements. concerning its confidentiality; (5) an DOE invites comments on the explanation of the competitive injury to proposed reference ballast requirements 11. Special Consideration for the submitting person which would and the appropriateness of adopting the Directional Lamps result from public disclosure; (6) when recommendations in ANSI C78.389, as such information might lose its summarized and discussed in section DOE invites comments on the confidential character due to the III.B.1.c. proposed set-up and measurement passage of time; and (7) why disclosure 6. Instrumentation methods for directional lamps based on of the information would be contrary to ANSI C78.379. See section III.B.3 for a DOE invites comments on the the public interest. discussion of proposed beam angle proposed instrumentation specifications calculations, and section III.D.2 for a It is DOE’s policy that all comments and the appropriateness of adopting may be included in the public docket, discussion of proposed test set-up and these requirements from the industry measurement requirements. without change and as received, standards ANSI C78.389, section 3.8, including any personal information and LM–51, section 9.0, as summarized 12. Laboratory Accreditation Program provided in the comments (except and discussed in section III.B.1.d. information deemed to be exempt from DOE has proposed adopting the lab public disclosure). 7. Sampling Plans accreditation plan in the GSFL/GSIL/ IRL test procedures, which would E. Issues on Which DOE Seeks Comment DOE invites comments and data on the precision and applicability of the require laboratories that have been DOE proposes that HID lamp efficacy proposed sample of 21 for HID lamps for accredited by NVLAP or by an testing be based on the industry testing. DOE seeks comments on accrediting organization recognized by standards ANSI C78.379, ANSI C78.389, whether an alternative sampling method NVLAP for the testing of HID lamps. CIE 13.3, CIE 15, LM–47, and LM–51. exists that might be more appropriate DOE invites comments on whether DOE invites comments and data on for HID lamps. See section III.B.2.b for additional or alternative requirements the proposed HID lamp test procedures. a discussion of the proposed sampling for testing laboratories should be Although comments are welcome on all method. considered. See section III.C for a discussion of the proposed laboratory aspects of this rulemaking, DOE is 8. Lamp Aging and Stabilization particularly interested in comments on accreditation program. DOE invites comments and data on the following: the applicability of the proposed 100- 13. Test Measurements and Calculations 1. Definitions hour lamp aging requirement and lamp DOE invites data and comments on stabilization method, both of which are DOE seeks comments on all of the set forth in ANSI C78.389, section 3.7. the applicability of the proposed proposed definitions in this NOPR; see DOE is particularly interested in measurement and calculation of lamp section III.A. whether a preferred lamp aging or lamp efficacy procedures for omni-directional lamps, as well as the proposed 2. Ambient Test Temperatures stabilization approach exists within the industry. See section III.B.2.c for a efficiency measurements and DOE invites comments and data on discussion of the proposed lamp aging calculation procedures for directional the applicability of the proposed and stabilization conditions and lamps using center beam intensity and ambient test temperature requirements requirements. beam angle. DOE also seeks comment on (25 °C ±5 °C) based on ANSI C78.389. the measurement methods proposed for DOE is particularly interested in 9. Lamp/Circuit Transfer lumen maintenance and color comments on whether an alternate set of DOE has proposed that lamp transfer characteristics (CCT and CRI) according ambient test conditions might be more and re-stabilization methods of HID to the requirements of ANSI C78.379, appropriate for HID lamp testing. See lamps be performed using the method CIE 13.3, CIE 15, IES LM–47, and LM– section III.B.1.a.i for a discussion of the described in section 3.7 of ANSI 51. See section III.E for a discussion of proposed ambient temperature C78.389. DOE invites data and the proposed testing measurements and conditions. comments on whether an alternative calculations.

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14. Small Entities discharge (HID) lamps. HID lamps (ii) The lower 95 percent confidence DOE seeks comments on its reasoning include high-pressure sodium, mercury limit (LCL) of the true mean divided by that the proposed test procedures will vapor, and metal halide lamps. 0.97, where: not have a significant effect on a (2)(i) For each basic model of HID substantial number of small entities. lamp, samples of production lamps shall be obtained from a 12-month VI. Approval of the Office of the period, tested, and the results averaged. and X¯ is the sample mean; Secretary A minimum sample of 21 lamps shall be s is the sample standard deviation; The Secretary of Energy has approved tested. The manufacturer shall n is the number of samples, and publication of this proposed rule. randomly select a minimum of 3 lamps t0.95 is the t statistic for a 95-percent one- from each month of production for a tailed confidence interval with n-1 List of Subjects minimum of 7 out of the 12-month degrees of freedom (from appendix A). 10 CFR Part 429 period. In the instance where (b) Certification reports. production occurs during fewer than 7 Administrative practice and [Reserved] of such 12 months, the manufacturer procedure, Buildings and facilities, (c) Test data. Manufacturers must shall randomly select 3 or more lamps Business and industry, Energy include the production date codes and from each month of production, where conservation, Grants programs—energy, the accompanying decoding scheme the number of lamps selected for each Housing, Reporting and recordkeeping corresponding to all of the units tested month shall be distributed as evenly as requirements, Technical assistance. for a given basic model in the detailed practicable among the months of test records maintained under § 429.71. 10 CFR Part 431 production to attain a minimum sample PART 431—ENERGY EFFICIENCY Administrative practice and of 21 lamps. Any represented value of PROGRAM FOR CERTAIN procedure, Confidential business lamp efficacy and lumen maintenance COMMERCIAL AND INDUSTRIAL information, Energy conservation test of a basic model shall be based on the EQUIPMENT procedures, Incorporation by reference, sample and shall be less than or equal Reporting and recordkeeping to the lower of: (A) The mean of the sample, where: 1. The authority citation for part 431 requirements, and Small business. continues to read as follows: Issued in Washington, DC, on November Authority: 42 U.S.C. 6291–6317. 28, 2011. Kathleen B. Hogan, 2. Subpart 431.2 is amended by adding in alphabetical order, definitions Deputy Assistant Secretary for Energy and X¯ is the sample mean; for ‘‘Ballast’’, ‘‘Beam angle’’, ‘‘Color Efficiency, Office of Energy Efficiency and n is the number of samples; and Renewable Energy. rendering index or CRI’’, ‘‘Correlated xi is the ith sample; color temperature’’, ‘‘Directional lamp’’, For the reasons stated in the Or, ‘‘High-intensity discharge lamp’’, ‘‘High- preamble, DOE proposes to amend parts (B) The lower 95 percent confidence pressure sodium (HPS) lamp’’, ‘‘Lamp 429 and 431 of chapter II of title 10, of limit (LCL) of the true mean divided by efficacy’’, ‘‘Lamp electrical power the Code of Federal Regulations, as set 0.97, where: input’’, ‘‘Lamp wattage’’, ‘‘Lumen forth as follows. maintenance’’, ‘‘Mercury vapor lamp’’, PART 429—CERTIFICATION, ‘‘Metal halide lamp’’, ‘‘Rated luminous COMPLIANCE, AND ENFORCEMENT flux or rated lumen output’’, and ‘‘Self- FOR CONSUMER PRODUCTS AND and X¯ is the sample mean; ballasted lamp’’ to read as follows: COMMERCIAL AND INDUSTRIAL s is the sample standard deviation; § 431.2 Definitions. EQUIPMENT n is the number of samples, and t0.95 is the t statistic for a 95-percent one- * * * * * 1. The authority citation for part 429 tailed confidence interval with n-1 Ballast means a device used with an continues to read as follows: degrees of freedom (from appendix A). electric discharge lamp to obtain necessary circuit conditions (voltage, Authority: 42 U.S.C. 6291–6317. (ii) For each basic model of high- intensity discharge lamp, the color current, and waveform) for starting and 2. In § 429.2 revise paragraph (a) to rendering index (CRI) shall be measured operating. read as follows: from the same lamps selected for the Beam angle means the beam angle (or § 429.2 Definitions. lumen output and watts input angles) as measured according to the requirements of ANSI C78.379 (a) The definitions found in §§ 430.2, measurements in paragraph (a)(2)(i) of (incorporated by reference, see 431.2, 431.62 431.72, 431.82, 431.92, this section i.e., the manufacturer shall § 431.453), including complex beam 431.102, 431.132, 431.152, 431.172, measure all lamps for lumens, lamp angles, as described in ANSI C78.379. 431.192, 431.202, 431.222, 431.242, electrical input power, and CRI. The CRI Color rendering index or CRI means 431.262, 431.282, 431.292, 431.302, shall be represented as the average of a the measured degree of color shift 431.322, 431.442, and 431.452 apply for minimum sample of 21 lamps and shall objects undergo when illuminated by a purpose of this part. be less than or equal to the lower of: (i) The mean of the sample, where: light source as compared with the color * * * * * of those same objects when illuminated 3. Section 429.55 is added to read as by a reference source of comparable follows: color temperature. § 429.55 High-intensity discharge (HID) Correlated color temperature means lamps. and X¯ is the sample mean; the absolute temperature of a blackbody (a) Sampling plan for selection of n is the number of samples; and whose chromaticity most nearly units for testing. (1) The requirements of xi is the ith sample; resembles that of the light source. § 429.11 are applicable to high-intensity Or, * * * * *

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Directional lamp means a lamp are necessary for the starting and stable 431.454 Uniform test method for emitting at least 80 percent of its light operation of the lamp in a permanent calculation of lamp efficacy and lumen output within a solid angle of p enclosure, and that does not include any maintenance from lamp measurements. steradians (corresponding to a cone with replaceable or interchangeable parts. 431.455 Energy conservation standards and their dates. an angle of 120 degrees). * * * * * * * * * * § 431.451 Purpose and scope. § 431.282 [Amended] High-intensity discharge lamp means This subpart contains energy an electric-discharge lamp in which— 3. Section 431.282 is amended by conservation requirements for high- (i) The light-producing arc is removing the definitions of ‘‘ballast’’, intensity discharge lamps, pursuant to stabilized by the arc tube wall ‘‘high intensity discharge lamp’’, and Part A–1 of Title III of the Energy Policy temperature; and ‘‘mercury vapor lamp’’. and Conservation Act, as amended, and (ii) The arc tube wall loading is in 4. Section 431.322 is amended by 2 42 U.S.C. 6311–6317. excess of 3 watts/cm , including such removing the definitions of ‘‘ballast’’ lamps that are high-pressure sodium, and ‘‘metal halide ballast’’, and revising § 431.452 Definitions concerning high- mercury vapor, and metal halide lamps. the definition of ‘‘ballast efficiency’’ to intensity discharge lamps. High-pressure sodium (HPS) lamp read as follows: § 431. 322 Definitions Basic model with respect to HID means a high-intensity discharge lamp concerning metal halide lamp ballasts lamps means lamps that are of the same in which the major portion of the light and fixtures. designation, or class, and that have is produced by radiation from sodium identical electrical characteristics and vapor operating at a partial pressure of * * * * * Ballast efficiency means, in the case of performance characteristics—including about 6,670 pascals (approximately wattage, bulb shape, base, lumen 0.066 atmospheres or 50 torr) or greater. a high-intensity discharge fixture, the efficiency of a lamp and ballast output, starting method, correlated color * * * * * temperature (CCT), and color rendering Lamp efficacy means the ratio of rated combination, expressed as a percentage, and calculated in accordance with the index (CRI)—and do not have any lumen output (or rated luminous flux) differing physical or functional to the measured lamp electrical power following formula: Efficiency = Lamp electrical power input/Ballast power characteristics that affect their energy input in watts, rounded to the nearest use. tenth, in units of lumens per watt input where: (lm/W). (1) Lamp electrical power input § 431.453 Material incorporated by Lamp electrical power input means means the total electrical power input to reference. the total electrical power input to the the lamp, including both arc and (a) General. We incorporate by lamp, including both arc and cathode cathode power where appropriate, at the reference the following standards into power where appropriate, at the reference condition, units of watts; Subpart Y of Part 431. The material reference condition, units of watts. (2) Ballast power input equals the listed has been approved for Lamp wattage means the total measured operating input wattage; incorporation by reference by the electrical power required by a lamp in (3) The lamp, and the capacitor when Director of the Federal Register in watts measured following the initial the capacitor is provided, shall accordance with 5 U.S.C. 552(a) and 1 aging period referenced in the constitute a nominal system in CFR part 51. Any subsequent appropriate industry standard. accordance with the ANSI C78.43 amendment to a standard by the Lumen maintenance means the (incorporated by reference; see standard-setting organization will not luminous flux or lumen output at a § 431.323); affect the DOE regulations unless and given time in the life of the lamp and (4) For ballasts with a frequency of 60 until amended by DOE. Material is expressed as a percentage of the rated Hz, ballast power input and lamp incorporated as it exists on the date of luminous flux or rated lumen output, electrical power input shall be the approval, and a notice of any change respectively. measured after lamps have been Mercury vapor lamp means a high- in the material will be published in the stabilized according to section 4.4 of intensity discharge lamp, including Federal Register. All approved material ANSI C82.6 (incorporated by reference; clear, phosphor-coated, and self-ballast is available for inspection at the screw base lamps, in which the major see § 431.323) using a wattmeter with National Archives and Records portion of the light is produced by accuracy specified in section 4.5 of Administration (NARA). For radiation from mercury typically ANSI C82.6; and information on the availability of this operating at a partial vapor pressure in (5) For ballasts with a frequency material at NARA, call (202) 741–6030 excess of 100,000 Pa (approximately 1 greater than 60 Hz, ballast power input or go to http://www.archives.gov/ and lamp electrical power input shall federal_register/ atm). ± _ _ _ Metal halide lamp means a high- have a basic accuracy of 0.5 percent at code of federal regulations/ _ intensity discharge lamp in which the the higher of either 3 times the output ibr locations.html. Also, this material is major portion of the light is produced by operating frequency of the ballast or 2.4 available for inspection at U.S. radiation of metal halides and their kHz. Department of Energy, Office of Energy products of dissociation, possibly in * * * * * Efficiency and Renewable Energy, combination with metallic vapors. 5. Subpart Y is added to part 431 to Building Technologies Program, 6th * * * * * read as follows: Floor, 950 L’Enfant Plaza SW., Rated luminous flux or rated lumen Washington, DC 20024, (202) 586–2945, Subpart Y—High-Intensity Discharge or go to: http://www1.eere.energy.gov/ output means the initial lumen rating _ (100 hour) declared by the Lamps buildings/appliance standards/. manufacturer, which consists of the Standards can be obtained from the Sec. sources listed as follows. lumen rating of a lamp at the end of 100 431.451 Purpose and scope. hours of operation. 431.452 Definitions concerning high- (b) ANSI. American National Standards Self-ballasted lamp means a lamp intensity discharge lamps. Institute, 25 W. 43rd Street, 4th unit that incorporates all elements that 431.453 Material incorporated by reference. Floor, , NY 10036, (212)

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642–4900, or go to http:// specifications listed as follows. The test connected. This method implies that www.ansi.org. equipment required to conduct all the variable autotransformers or other (1) ANSI C78.379–2006 (‘‘ANSI necessary test procedure electrical and voltage transformation devices have C78.379’’), For Electric Lamps— photometric measurements must be kilovolt-amperes ratings of at least five Classification of the Beam Patterns within calibration and meet the required times the normal lamp wattage. of Reflector Lamps, approved 2006, performance specifications in ANSI (iii) Reference Ballasts IBR approved for § 431.454. C78.389 (incorporated by reference, see (2) ANSI C78.389–2004 (R2009) (‘‘ANSI § 431.453) and LM–51 (incorporated by For HID lamp testing, the reference C78.389’’), American National reference, see § 431.453). All lamps to ballast used must meet the requirements Standard Institute Electric Lamps— be tested must be aged for 100 hours in of ANSI C78.389. For HID lamp High Intensity Discharge—Methods the same burning position as would be measurements (electrical and of Measuring Characteristics, used during testing; typical lamp photometric), the tested lamps must be approved August 9, 2009, IBR orientation will be base up unless operated with (1) An appropriately rated approved for § 431.454. otherwise designated by the reference ballast or (2) a reference (c) CIE. International Commission on manufacturer. Prior to any ballast with variable impedance that can Illumination (Commission measurement, all lamps must be be set to match each lamp type to be Internationale de l’Eclairage) stabilized according to specific methods tested. The reference ballast must have Central Bureau, Kegelgasse 27, A– for each lamp type identified in ANSI the impedance and the electrical 1030, Vienna, Austria, 011+43 1 C78.389, section 3.7. Lamps placed into characteristics required by the lamp 714 31 87 0, or go to http:// long-term testing to determine lumen being tested. If electrical readings are to www.cie.co.at. maintenance shall be operated with an be taken on a lamp for which no ANSI (1) CIE 13.3–1995 (‘‘CIE 13.3’’), appropriately rated ballast, as described standard exists, the ballast used shall Technical Report: Method of as follows, or power source under comply with the general requirements Measuring and Specifying Colour specified normal operating conditions, for HID lamp reference ballasts and have Rendering Properties of Light outlined as follows, and must be impedance appropriate for the lamp as Sources, 1995. IBR approved for operated in the orientation specified in specified in ANSI C78.389. § 431.454. paragraph (b)(4) of this section. (iv) Instrumentation (d) CIE 15:2004 (‘‘CIE 15’’), Technical Report: Colorimetry, 2004. IBR (i) Ambient Conditions The instruments required for electrical measurements are described approved for § 431.454. The test apparatus must be operated in ANSI C78.389, section 3.8. The (c) IES. Illuminating Engineering in a location where ambient conditions required photometric instruments are Society of North America, 120 Wall are stable (e.g., ambient temperature and described in LM–51, section 9.0. Street, Floor 17, New York, NY air movement), in accordance with the 10005–4001, (212) 248–5000, or go specifications listed as follows. A. Instrumentation Required for to http://www.iesna.org. Electrical Measurement (1) IES LM–47–01 (‘‘LM–47’’), Approved A. Ambient Test Temperature Instruments used for electrical Method for Life Testing of High The ambient temperature shall be 25 measurements must be accurate to better Intensity Discharge (HID) Lamps, ° ± ° C 5 C. than 0.75 percent over a frequency range 2001. IBR approved for § 431.454. of 40 to 1000 Hz, with calibration (2) IES LM–51–00 (‘‘LM–51’’), Approved B. Air Speed capability (e.g., scale calibration). See Method for the Electrical and The air speed limit shall be ≤ 0.5 ANSI C78.389, section 3.8.1. Photometric Measurements of High meters per second. Instruments connected in series with Intensity Discharge Lamps, 2000. (ii) Power Supply Characteristics the HID lamp being tested are to have IBR approved for § 431.454. Power supply characteristics and an impedance such that the voltage drop § 431.454 Uniform test method for instrumentation requirements are does not exceed 2 percent (1 percent for calculation of lamp efficacy and lumen specified in ANSI C78.389 and LM–51. HPS lamps) of the rated lamp voltage, maintenance from lamp measurements. unless the impedance has already been (a) Test Method for Measuring Energy A. Waveshape included as part of the reference ballast Efficiency of High-Intensity Discharge Waveshape requirements are set forth impedance. To avoid instrument-in- Lamps—(1) Test Setup and Conditions. in ANSI C78.389. The lamp being tested circuit corrections, the voltage drop The lamps being tested are to be shall be operated with a sinusoidal shall not exceed 0.75 percent (0.50 operated at the required specified voltage supply, and the power supply percent for HPS lamps) of the rated conditions with the lamps stabilized voltage waveshape shall have a root- lamp voltage. For lamp voltage and operating on the reference circuit mean-square summation of the measurements, instruments connected before any measurements are taken. harmonic components that does not in parallel with the lamp being tested Photometric characteristics to be exceed 3 percent of the fundamental shall draw less than 1 percent of the measured are total luminous flux frequency. rated lamp current. To avoid correcting (lumens), luminous intensity (candelas), for the presence of such instruments, and color characteristics (CCT and CRI). B. Voltage Regulation the current draw shall be limited to 0.5 Lamp electrical characteristics to be The power supply voltage shall be percent of the rated lamp current. measured are those required to calculate regulated to within ±0.1 percent of the Instruments selected for HID lamp lamp efficacy during normal operation reference ballast voltage rating. voltage and current measurement shall (e.g., line voltage, lamp voltage, input be of the true RMS type and have a current, and lamp electrical power C. Power Supply Impedance specified accuracy and frequency input). All measured quantities must be The power supply impedance shall response adequate to meet the specified obtained using an appropriately rated not exceed 2 percent of the reference uncertainty requirements (i.e., ±0.5 reference ballast or power source whose ballast impedance measured at the point percent for voltage and current and characteristics are within the required where the reference ballast and lamp are ±0.75 percent for wattage).

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B. Instrumentation for Photometric distribution measurements shall have a aging period must be used by Measurement cosine response. The intensity manufacturers of HID lamps to ensure The photometer shall have a relative distribution around a lamp may be stable photometric, color qualities, and spectral responsivity that approximates determined with a photometer at a electrical characteristics of the lamp the V-lambda (V(l)) function. The recommended minimum distance of five being tested. This aging is performed detector used in an integrating sphere times the longest dimension of the once for every lamp before stabilization measurement shall have a wide field of lamp. The axis of rotation chosen to and testing. During the aging period, the view (approximating a cosine response). vary the angle between the lamp and the lamp must be operated in the same If a diffuser is used on the detector, its detector shall preserve the lamp orientation in which it will be used. surface shall be mounted flush with the orientation relative to the detector to After this one-time aging process, a sphere wall. An integrating sphere shall provide measurement consistency and lamp being tested must achieve stable be used for luminous flux repeatability. Photometric operation prior to any measurements measurements and must be large enough measurements of color characteristics and the lamp stabilization method to allow the sphere interior ambient shall be specified in terms of the CIE specified in ANSI C78.389, section 3.7, temperature to reach thermal colorimetry system and CRI. must be used. As detailed in ANSI equilibrium at the specified ambient (b) Lamp Selection and Setup— C78.389, HID lamp stabilization temperature and to permit the internal (1) Lamp Aging and Stabilization. requirements vary with lamp baffle(s) to be small relative to the size For HID lamp testing, a lamp must be technology. Table I lists the lamp warm- of the integrating sphere. In the case of aged using the aging method set forth in up, stabilization, and re-stabilization goniophotometer measurements, the ANSI C78.389, section 3.7 (incorporated requirements for MV, HPS, and MH detector required for intensity by reference, see § 431.453). A 100-hour lamps.

TABLE I—ANSI C78.389 HID LAMP WARM-UP AND STABILIZATION CRITERIA

Lamp type Lamp warm-up time Stabilization criteria

MV ...... 15–20 mins ...... 3 successive measurements (voltage and current). 5 minute measurement intervals. Change in value < 1.0%. HPS ...... 1 hour ...... 3 successive measurements (voltage and current). 10–15 minute measurement intervals. Change in value < 1.0%. MH ...... 6 hours Operated within ± 10% rated 3 successive measurements (voltage and current). wattage. 10–15 minute measurement intervals. Change in value < 3.0%.

(2) Lamp/Circuit Transfer. movement. MH lamps that will be stabilization measurements may be Lamp transfer and re-stabilization physically relocated without a change in taken. HPS lamps require a cooling must be conducted according to ANSI orientation must be allowed to cool to period of at least 1 hour before the lamp C78.389, section 3.7. 60 °C before moving and then warmed may be moved and re-started prior to The lamp cool down and transfer up for 30 minutes in any new location stabilization measurements. MV lamps requirements of ANSI C78.389, section before stabilization measurements may do not require cooling, but must be 3.7, are shown in Table II. The begin; if the orientation will change, the warmed up before stabilization requirements vary with HID lamp type, MH lamp must be operated for 6 hours measurements may be taken after the as well as with the specifics of the lamp in the final testing orientation before lamps are moved.

TABLE II—ANSI C78.389 HID LAMP COOL DOWN AND RE-STABILIZATION REQUIREMENTS

Lamp type Cooling requirement Re-stabilization time

MV ...... None ...... Not in standard, Reconfirm stabilized operations upon transfer/restrike. HPS ...... Allow to cool for 1 hour minimum be- Not in standard, Reconfirm stabilized operations upon transfer/restrike. fore relocating. MH ...... Cool to below 60 °C if relocating ...... No relocation no reorientation—30 minutes, Relocation with no reorienta- tion—30 minutes, Reorientation—6 hours.

(3) Lamp Orientation. Testing for HID lamps shall be laboratory, if accredited, may be used to Lamp orientation requirements are conducted by test laboratories conduct the applicable testing. those specified in ANSI C78.389, accredited by the National Voluntary (d) Test Measurements and section 3.6, for HID lamp testing. A Laboratory Accreditation Program Calculations— lamp marked or otherwise designated (NVLAP) or by an accrediting for use in a specific operating position (1) Measurement and Calculation of organization recognized by NVLAP. Efficacy. must be tested in that position. If no NVLAP establishes standards for the HID lamp efficacy shall be calculated operating position is specified or the accreditation of laboratories that test for lamp is marked ‘‘universal,’’ the lamp as the lumen output divided by the compliance with relevant industry shall be operated in the base up input lamp wattage measured, with the standards pursuant to 15 CFR 285.3. A position. resulting quotient rounded off to the (c) Laboratory Accreditation Program. manufacturer’s or importer’s own nearest tenth of a lumen per watt.

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(2) Measurement and Calculation of and correct an unsafe condition on an International Branch, ANM–116, Center Beam Intensity and Beam Angle. aviation product. The MCAI describes Transport Airplane Directorate, FAA, The test procedure described in ANSI the unsafe condition as: 1601 Lind Avenue SW., Renton, C78.379 (incorporated by reference, see Following an automatic [additional center Washington 98057–3356; telephone § 431.453) shall be followed for tank(s)] ACT fuel transfer failure on an A319, (425) 227–1405; fax (425) 227–1149. measuring center beam intensity and it was noted that the ACT manhole cover SUPPLEMENTARY INFORMATION: beam angle of directional lamps with seals were extruded, allowing leakage. symmetrical or asymmetrical beams. For This condition, if not corrected, can lead Comments Invited lamps with complex beam patterns, the to fuel and/or vapour leakage, possibly We invite you to send any written test procedure described in ANSI resulting in a combustible fuel vapour/air relevant data, views, or arguments about mixture in the cargo compartment, which C78.379, annex A, shall be followed. would constitute a fire risk. this proposed AD. Send your comments (3) Test Method for Measuring Lumen to an address listed under the * * * * * Maintenance. The proposed AD would require ADDRESSES section. Include ‘‘Docket No. HID lamp lumen maintenance shall be actions that are intended to address the FAA–2011–1321; Directorate Identifier determined, following the method unsafe condition described in the MCAI. 2011–NM–045–AD’’ at the beginning of specified in LM–47 (incorporated by your comments. We specifically invite DATES: reference, see § 431.453), after initial We must receive comments on comments on the overall regulatory, lamp aging and initial lumen output this proposed AD by January 30, 2012. economic, environmental, and energy measurement. At a minimum, the lumen ADDRESSES: You may send comments by aspects of this proposed AD. We will any of the following methods: maintenance measurements shall be • consider all comments received by the collected at 40 percent and 70 percent Federal eRulemaking Portal: Go to closing date and may amend this of rated lamp life, as described in LM– http://www.regulations.gov. Follow the proposed AD based on those comments. instructions for submitting comments. 47. • We will post all comments we Fax: (202) 493–2251. receive, without change, to http:// (4) Measurement and Calculation of • Mail: U.S. Department of www.regulations.gov, including any Correlated Color Temperature and Color Transportation, Docket Operations, personal information you provide. We Rendering Index. M–30, West Building Ground Floor, will also post a report summarizing each HID lamp CCT and CRI shall be Room W12–140, 1200 New Jersey substantive verbal contact we receive determined using the methods for Avenue SE., Washington, DC 20590. measurement and characterizing color • Hand Delivery: U.S. Department of about this proposed AD. set forth in CIE 15 and CIE 13.3 Transportation, Docket Operations, Discussion (incorporated by reference, see M–30, West Building Ground Floor, §§ 431.453). On October 26, 2005, we issued AD Room W12–140, 1200 New Jersey 2005–23–02, Amendment 39–14360 (70 § 431.455 Energy conservation standards Avenue SE., Washington, DC, between FR 69067, November 14, 2005). That AD and their compliance dates. 9 a.m. and 5 p.m., Monday through required actions intended to address an [Reserved] Friday, except Federal holidays. unsafe condition on Airbus Model For service information identified in A319–100 Series Airplanes, Model [FR Doc. 2011–32162 Filed 12–14–11; 8:45 am] this proposed AD, contact Airbus, A320–111 airplanes, Model A320–200 BILLING CODE 6450–01–P Airworthiness Office—EAS, 1 Rond series airplanes, and Model A321–100 Point Maurice Bellonte, 31707 Blagnac series airplanes. Cedex, France; telephone +33 5 61 93 36 DEPARTMENT OF TRANSPORTATION Since we issued AD 2005–23–02, 96; fax +33 5 61 93 44 51; email: Amendment 39–14360 (70 FR 69067, [email protected]; Federal Aviation Administration November 14, 2005), The European Internet http://www.airbus.com. You Aviation Safety Agency (EASA), which may review copies of the referenced 14 CFR Part 39 is the Technical Agent for the Member service information at the FAA, States of the European Community, has [Docket No. FAA–2011–1321; Directorate Transport Airplane Directorate, 1601 issued EASA Airworthiness Directive Identifier 2011–NM–045–AD] Lind Avenue SW., Renton, Washington. 2010–0177, dated August 30, 2010 For information on the availability of RIN 2120–AA64 (referred to after this as ‘‘the MCAI’’), to this material at the FAA, call (425) 227– correct an unsafe condition for the Airworthiness Directives; Airbus 1221. specified products. The MCAI states: Airplanes Examining the AD Docket Following an automatic ACT fuel transfer AGENCY: Federal Aviation You may examine the AD docket on failure on an A319, it was noted that the ACT Administration (FAA), DOT. the Internet at http:// manhole cover seals were extruded, allowing www.regulations.gov; or in person at the leakage. ACTION: Notice of proposed rulemaking This condition, if not corrected, can lead (NPRM). Docket Operations office between to fuel and/or vapour leakage, possibly 9 a.m. and 5 p.m., Monday through resulting in a combustible fuel vapour/air SUMMARY: We propose to adopt a new Friday, except Federal holidays. The AD mixture in the cargo compartment, which airworthiness directive (AD) for certain docket contains this proposed AD, the would constitute a fire risk. Airbus Model A319 series airplanes, regulatory evaluation, any comments DGAC France AD F–2004–038 [which Model A320–211, –212, –214, –231, received, and other information. The corresponds to FAA AD 2005–23–02] was –232, and –233 airplanes, and Model street address for the Docket Operations issued to require the replacement of the ACT A321 series airplanes that would office (telephone (800) 647–5527) is in manhole cover and its seal in accordance the ADDRESSES section. Comments will with SB A320–28–1105, but this supersede an existing AD. This modification has proved not to be fully proposed AD results from mandatory be available in the AD docket shortly effective. Therefore, it is necessary to replace continuing airworthiness information after receipt. the seal material and to change the (MCAI) originated by an aviation FOR FURTHER INFORMATION CONTACT: installation process in order to prevent such authority of another country to identify Sanjay Ralhan, Aerospace Engineer, seal deformation and possibility of leakage.

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For the reasons described above, this affect about 721 products of U.S. 1. Is not a ‘‘significant regulatory [EASA] AD supersedes DGAC France AD F– registry. action’’ under Executive Order 12866; 2004–038 (EASA approval 2004–2110) and The actions that are required by AD 2. Is not a ‘‘significant rule’’ under the requires the replacement of the existing 2005–23–02, Amendment 39–14360 (70 manhole seal with a new seal. DOT Regulatory Policies and Procedures FR 69067, November 14, 2005) and (44 FR 11034, February 26, 1979); and This AD also adds certain ACT retained in this proposed AD take about equipped airplanes, produced after AD 1 work-hour per product, at an average 3. Will not have a significant 2005–23–02, Amendment 39–14360 (70 labor rate of $85 per work hour. economic impact, positive or negative, FR 69067, November 14, 2005) was Required parts cost about $0 per on a substantial number of small entities issued, to the applicability. This AD product. Based on these figures, the under the criteria of the Regulatory also removes Model A320–111 airplanes estimated cost of the currently required Flexibility Act. from the applicability because there are actions is $85 per product. We prepared a regulatory evaluation no operational Model A320–111 We estimate that it would take about of the estimated costs to comply with airplanes in the United Stated and 3 work-hours per product to comply this proposed AD and placed it in the Airbus intends to remove this model with the new basic requirements of this AD docket. from the EASA Type Data Sheet. You proposed AD. The average labor rate is may obtain further information by $85 per work-hour. Where the service List of Subjects in 14 CFR Part 39 examining the MCAI in the AD docket. information lists required parts costs Air transportation, Aircraft, Aviation Relevant Service Information that are covered under warranty, we safety, Incorporation by reference, have assumed that there will be no Airbus has issued Mandatory Service Safety. charge for these parts. As we do not Bulletin A320–28–1162, Revision 02, control warranty coverage for affected The Proposed Amendment dated December 18, 2009. The actions parties, some parties may incur costs described in this service information are higher than estimated here. Based on Accordingly, under the authority intended to correct the unsafe condition these figures, we estimate the cost of the delegated to me by the Administrator, identified in the MCAI. proposed AD on U.S. operators to be the FAA proposes to amend 14 CFR part FAA’s Determination and Requirements $183,855, or $255 per product. 39 as follows: of This Proposed AD Authority for This Rulemaking PART 39—AIRWORTHINESS This product has been approved by DIRECTIVES the aviation authority of another Title 49 of the United States Code specifies the FAA’s authority to issue country, and is approved for operation 1. The authority citation for part 39 rules on aviation safety. Subtitle I, in the United States. Pursuant to our continues to read as follows: section 106, describes the authority of bilateral agreement with the State of Authority: 49 U.S.C. 106(g), 40113, 44701. Design Authority, we have been notified the FAA Administrator. ‘‘Subtitle VII: of the unsafe condition described in the Aviation Programs,’’ describes in more § 39.13 [Amended] MCAI and service information detail the scope of the Agency’s referenced above. We are proposing this authority. 2. The FAA amends § 39.13 by AD because we evaluated all pertinent We are issuing this rulemaking under removing Amendment 39–14360 (70 FR information and determined an unsafe the authority described in ‘‘Subtitle VII, 69067, November 14, 2005) and adding condition exists and is likely to exist or Part A, Subpart III, Section 44701: the following new AD: develop on other products of the same General requirements.’’ Under that Airbus: Docket No. FAA–2011–1321; type design. section, Congress charges the FAA with Directorate Identifier 2011–NM–045–AD. promoting safe flight of civil aircraft in Differences Between This AD and the air commerce by prescribing regulations Comments Due Date MCAI or Service Information for practices, methods, and procedures (a) We must receive comments by January We have reviewed the MCAI and the Administrator finds necessary for 30, 2012. related service information and, in safety in air commerce. This regulation Affected ADs is within the scope of that authority general, agree with their substance. But (b) This AD supersedes AD 2005–23–02, we might have found it necessary to use because it addresses an unsafe condition Amendment 39–14360 (70 FR 69067, different words from those in the MCAI that is likely to exist or develop on November 14, 2005). to ensure the AD is clear for U.S. products identified in this rulemaking operators and is enforceable. In making action. Applicability (c) This AD applies to Airbus airplanes these changes, we do not intend to differ Regulatory Findings substantively from the information listed in paragraphs (c)(1), (c)(2), and (c)(3) of provided in the MCAI and related We determined that this proposed AD this AD; certificated in any category; all serial service information. would not have federalism implications numbers; if equipped with one or more We might also have proposed under Executive Order 13132. This additional center tank(s) (ACT) with a part number (P/N) listed in table 1 of this AD. different actions in this AD from those proposed AD would not have a substantial direct effect on the States, on This AD does not apply to airplanes already in the MCAI in order to follow FAA having received Airbus modification 38036 the relationship between the national policies. Any such differences are in production. highlighted in a NOTE within the Government and the States, or on the (1) Model A319–111, –112, –113, –114, proposed AD. distribution of power and –115, –131, –132, and –133 airplanes. responsibilities among the various Costs of Compliance (2) Model A320–211, –212, –214, –231, levels of government. –232, and –233 airplanes. Based on the service information, we For the reasons discussed above, I (3) Model A321–111, –112, –131, –211, estimate that this proposed AD would certify this proposed regulation: –212, –213, –231, and –232 airplanes.

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TABLE 1—AFFECTED ACT PART NUMBERS FOR APPLICABILITY

D2827091100000 D2827105100200 D2827105300600 D2827105500400 D2827091100200 D2827105100400 D2827105300800 D2827105500600 D2827091100400 D2827105100600 D2827105400000 D2827105500800 D2827091100600 D2827105100800 D2827105400200 D2827105600000 D2827091100800 D2827105200000 D2827105400400 D2827105600200 D2827091101000 D2827105200200 D2827105400600 D2827105600400 D2827091300000 D2827105200400 D2827105400800 D2827105600600 D2827091300200 D2827105200600 D2827105401000 D2827105600800 D2827091300400 D2827105200800 D2827105401200 D2827107500000 D2827091300600 D2827105300000 D2827105401400 D2827107500200 D2827091300800 D2827105300200 D2827105500000 D2827107500400 D2827105100000 D2827105300400 D2827105500200 D2827107500600

Subject mixture in the cargo compartment, which airplanes) or 12 months (for Model A320– (d) Air Transport Association (ATA) of would constitute a fire risk. 211, –212, –214, –231, –232, and –233 America Code 28: Fuel. * * * * * airplanes; and Model A321–111, –112, and –131 airplanes) after December 19, 2005 (the Compliance Reason effective date of AD 2005–23–02, (f) You are responsible for having the (e) The mandatory continuing Amendment 39–14360 (70 FR 69067, actions required by this AD performed within November 14, 2005): Determine whether the airworthiness information (MCAI) states: the compliance times specified, unless the part number (P/N) of each ACT installed on Following an automatic ACT fuel transfer actions have already been done. failure on an A319, it was noted that the ACT the airplane is included in table 2 of this AD. Restatement of Requirements of AD 2005– manhole cover seals were extruded, allowing If no ACT installed on the airplane has a 23–02, Amendment 39–14360 (70 FR 69067, leakage. P/N included in table 2 of this AD, no further November 14, 2005), With New Sealing work is required by this paragraph. This condition, if not corrected, can lead Procedures to fuel and/or vapour leakage, possibly (g) Within 30 days (for Model A319–111, resulting in a combustible fuel vapour/air –112, –113, –114, –115, –131, –132, and –133

TABLE 2—AFFECTED ACT P/NS FOR AD 2005–23–02, AMENDMENT 39–14360 (70 FR 69067, NOVEMBER 14, 2005)

D2827091100000 D2827105100200 D2827105300400 D2827105500200 D2827091100200 D2827105100400 D2827105400000 D2827105500400 D2827091100600 D2827105200000 D2827105400200 D2827105600000 D2827091300000 D2827105200200 D2827105400400 D2827105600200 D2827091300200 D2827105200400 D2827105400600 D2827105600400 D2827091300400 D2827105300000 D2827105400800 D2827107500000 D2827105100000 D2827105300200 D2827105500000 D2827107500200

Manhole Cover/Seal Replacement of this AD: Modify the affected ACT listed in FAA AD Differences table 1 of this AD by replacing the manhole (h) Within 30 days (for Model A319–111, Note 1: This AD differs from the MCAI seal, in accordance with the Accomplishment –112, –113, –114, –115, –131, –132, and –133 and/or service information as follows: No airplanes) or 12 months (for Model A320– Instructions of Airbus Mandatory Service differences. 211, –212, –214, –231, –232, and –233 Bulletin A320–28–1162, Revision 02, dated airplanes; and Model A321–111, –112, and December 18, 2009. Accomplishing the Other FAA AD Provisions –131 airplanes) after December 19, 2005: For manhole cover sealing replacement specified (l) The following provisions also apply to each ACT P/N listed in table 2 of this AD: in this paragraph terminates the manhole this AD: Before further flight, replace the outer ACT cover sealing replacement required in (1) Alternative Methods of Compliance manhole cover with a reinforced manhole paragraph (h) of this AD. (AMOCs): The Manager, International cover and replace the outer manhole cover Parts Installation Branch, ANM–116, Transport Airplane seal with a new seal, in accordance with the Directorate, FAA, has the authority to Accomplishment Instructions of Airbus (j) As of the effective date of this AD, no approve AMOCs for this AD, if requested Service Bulletin A320–28–1105, Revision 02, person may install an ACT, whose part using the procedures found in 14 CFR 39.19. dated March 11, 2005. Replacements are also number is listed in table 1 of this AD, on any In accordance with 14 CFR 39.19, send your acceptable if done before December 19, 2005, airplane unless it has been modified prior to request to your principal inspector or local in accordance with Airbus Service Bulletin its installation, in accordance with Airbus Flight Standards District Office, as A320–28–1105, Revision 01, dated March 18, Mandatory Service Bulletin A320–28–1162, appropriate. If sending information directly 2003; and Airbus Service Bulletin A320–28– Revision 02, dated December 18, 2009. to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, 1105, dated October 22, 2002. As of the Credit for Actions Accomplished in International Branch, ANM–116, Transport effective date of this AD, doing the manhole Accordance With Previous Service Airplane Directorate, FAA, 1601 Lind cover seal replacement required by paragraph Information (i) of this AD, terminates the manhole cover Avenue SW., Renton, Washington 98057– (k) Modifying the ACT in accordance with 3356; telephone (425) 227–1405; fax (425) seal replacement required by this paragraph. Airbus Mandatory Service Bulletin A320–28– 227–1149. Information may be emailed to: New Requirements of This AD 1162, dated February 6, 2008; or Revision 01, [email protected]. dated July 16, 2008; before the effective date Before using any approved AMOC, notify ACT Modification of this AD is acceptable for compliance with your appropriate principal inspector, or (i) Within 3,000 flight cycles or 24 months, the corresponding modification required by lacking a principal inspector, the manager of whichever occurs first after the effective date paragraph (i) of this AD. the local flight standards district office/

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certificate holding district office. The AMOC consequent fuel leaks and an airplane Comments Invited approval letter must specifically reference fire. Failure of the fuse pins could also this AD. We invite you to send any written result in a premature landing gear relevant data, views, or arguments about (2) Airworthy Product: For any requirement collapse causing a runway excursion in this AD to obtain corrective actions from this proposal. Send your comments to a manufacturer or other source, use these during take-off or landing. an address listed under the ADDRESSES actions if they are FAA-approved. Corrective DATES: We must receive comments on section. Include ‘‘Docket No. FAA– actions are considered FAA-approved if they this proposed AD by January 30, 2012. 2011–1320; Directorate Identifier 2011– are approved by the State of Design Authority NM–208–AD’’ at the beginning of your ADDRESSES: You may send comments, (or their delegated agent). You are required comments. We specifically invite to assure the product is airworthy before it using the procedures found in 14 CFR comments on the overall regulatory, is returned to service. 11.43 and 11.45, by any of the following economic, environmental, and energy methods: Related Information aspects of this proposed AD. We will • (m) Refer to MCAI European Aviation Federal eRulemaking Portal: Go to consider all comments received by the Safety Agency (EASA) Airworthiness http://www.regulations.gov. Follow the closing date and may amend this Directive 2010–0177, dated August 30, 2010; instructions for submitting comments. proposed AD because of those Airbus Mandatory Service Bulletin A320–28– • Fax: (202) 493–2251. comments. 1162, Revision 02, dated December 18, 2009; • We will post all comments we and Airbus Service Bulletin A320–28–1105, Mail: U.S. Department of Revision 02, dated March 11, 2005; for Transportation, Docket Operations, receive, without change, to http:// related information. M–30, West Building Ground Floor, www.regulations.gov, including any Room W12–140, 1200 New Jersey personal information you provide. We Issued in Renton, Washington, on will also post a report summarizing each December 6, 2011. Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail substantive verbal contact we receive Ali Bahrami, about this proposed AD. Manager, Transport Airplane Directorate, address above between 9 a.m. and Aircraft Certification Service. 5 p.m., Monday through Friday, except Discussion Federal holidays. [FR Doc. 2011–32076 Filed 12–14–11; 8:45 am] We have received four reports of BILLING CODE 4910–13–P For service information identified in retaining cross bolt hardware not fully this proposed AD, contact Boeing engaged into the fuse pins of the MLG Commercial Airplanes, Attention: Data forward trunnion lower housing. DEPARTMENT OF TRANSPORTATION & Services Management, P.O. Box 3707, Reports indicated the incorrectly MC 2H–65, Seattle, Washington 98124– installed cross bolts were found during Federal Aviation Administration 2207; phone: (206) 544–5000, extension a scheduled C-check inspection, an 1; fax: (206) 766–5680; email: MLG replacement, a 4C inspection, and 14 CFR Part 39 [email protected]; Internet: a hard landing inspection. All findings [Docket No. FAA–2011–1320; Directorate https://www.myboeingfleet.com. You indicated that the cross bolt and lock Identifier 2011–NM–208–AD] may review copies of the referenced wire were intact, but the cross bolt had service information at the FAA, not properly engaged in the fuse pin. RIN 2120–AA64 Transport Airplane Directorate, 1601 The cross bolt and lock wire are used to Lind Avenue SW., Renton, Washington. prevent the fuse pin from migrating out Airworthiness Directives; The Boeing For information on the availability of Company Airplanes of position. A migrated or missing fuse this material at the FAA, call (425) 227– pin in the MLG forward trunnion lower AGENCY: Federal Aviation 1221. housing can cause the remaining fuse Administration (FAA), DOT. Examining the AD Docket pins in the MLG forward trunnion ACTION: Notice of proposed rulemaking upper and lower housing to wear at a (NPRM). You may examine the AD docket on faster rate and also result in possible the Internet at http:// failure of the adjacent fuse pins in the SUMMARY: We propose to adopt a new www.regulations.gov; or in person at the MLG forward trunnion upper and lower airworthiness directive (AD) for all The Docket Management Facility between housing. Failure of the fuse pins in the Boeing Company Model 777 airplanes. 9 a.m. and 5 p.m., Monday through MLG forward trunnion upper and lower This proposed AD was prompted by Friday, except Federal holidays. The AD housing could result in an incorrect four reports of retaining cross bolt docket contains this proposed AD, the emergency landing MLG break-away hardware not fully engaged into the fuse regulatory evaluation, any comments sequence, which will cause the MLG to pins of the forward trunnion lower received, and other information. The puncture the wing box and consequent housing of the main landing gear (MLG), street address for the Docket Office fuel leaks and possible airplane fire. which could result in an incorrect MLG (phone: (800) 647–5527) is in the Failure of the fuse pins could also result emergency landing break-away ADDRESSES section. Comments will be in a premature landing gear collapse sequence. This proposed AD would available in the AD docket shortly after causing a runway excursion during take- require a detailed inspection of the fuse receipt. off or landing. pin cross bolts and fuse pins of the left FOR FURTHER INFORMATION CONTACT: Relevant Service Information and right MLG forward trunnion lower James Sutherland, Aerospace Engineer, housing to verify that the cross bolts are Airframe Branch, ANM–120S, FAA, We reviewed Boeing Alert Service correctly installed and that there are no Seattle Aircraft Certification Office Bulletin 777–57A0090, dated August 24, missing fuse pins, and replacement of (ACO), 1601 Lind Avenue SW., Renton, 2011. This service information describes the fuse pins if necessary. We are Washington 98057–3356; phone: (425) procedures for doing a detailed proposing this AD to prevent an 917–6533; fax: (425) 917–6590; email: inspection of the fuse pin cross bolts incorrect emergency landing MLG [email protected]. and fuse pins of the left and right MLG break-away sequence, which could forward trunnion lower housing to result in puncturing of the wing box and SUPPLEMENTARY INFORMATION: verify that the cross bolts are correctly

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installed and that there are no missing and determined the unsafe condition the service information described fuse pins, and replacing all fuse pins in described previously is likely to exist or previously. the MLG forward trunnion upper and develop in other products of the same Costs of Compliance lower housing with new fuse pins if type design. necessary. Proposed AD Requirements We estimate that this proposed AD FAA’s Determination will affect 166 airplanes of U.S. registry. We are proposing this AD because we This proposed AD would require We estimate the following costs to evaluated all the relevant information accomplishing the actions specified in comply with this proposed AD:

ESTIMATED COSTS

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

Detailed Inspection ...... 3 work-hours × $85 per hour = $255 ...... $0 $255 $42,330

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

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Replace fuse pins ...... 44 work-hours × $85 per hour = Between $15,216 and $52,620 .... Between $18,956 and $56,360. $3,740.

According to the manufacturer, some Government and the States, or on the The Boeing Company: Docket No. FAA– of the costs of this proposed AD may be distribution of power and 2011–1320; Directorate Identifier 2011– covered under warranty, thereby responsibilities among the various NM–208–AD. reducing the cost impact on affected levels of government. (a) Comments Due Date individuals. We do not control warranty For the reasons discussed above, I We must receive comments by January 30, coverage for affected individuals. As a certify this proposed regulation: 2012. result, we have included all costs in our (1) Is not a ‘‘significant regulatory cost estimate. action’’ under Executive Order 12866, (b) Affected ADs (2) Is not a ‘‘significant rule’’ under None. Authority for This Rulemaking the DOT Regulatory Policies and (c) Applicability Title 49 of the United States Code Procedures (44 FR 11034, February 26, specifies the FAA’s authority to issue 1979), This AD applies to all The Boeing (3) Will not affect intrastate aviation Company Model 777–200, –200LR, –300, rules on aviation safety. Subtitle I, –300ER, and 777F series airplanes; section 106, describes the authority of in Alaska, and certificated in any category. the FAA Administrator. Subtitle VII: (4) Will not have a significant Aviation Programs, describes in more economic impact, positive or negative, (d) Subject detail the scope of the Agency’s on a substantial number of small entities Joint Aircraft System Component (JASC)/ authority. under the criteria of the Regulatory Air Transport Association (ATA) of America We are issuing this rulemaking under Flexibility Act. Code 57, Wings. the authority described in Subtitle VII, List of Subjects in 14 CFR Part 39 (e) Unsafe Condition Part A, Subpart III, Section 44701: Air transportation, Aircraft, Aviation This AD was prompted by four reports of ‘‘General requirements.’’ Under that retaining cross bolt hardware not fully section, Congress charges the FAA with safety, Incorporation by reference, engaged into the fuse pins of the forward promoting safe flight of civil aircraft in Safety. trunnion lower housing of the main landing air commerce by prescribing regulations The Proposed Amendment gear (MLG), which could result in an for practices, methods, and procedures incorrect MLG emergency landing break- Accordingly, under the authority the Administrator finds necessary for away sequence. We are issuing this AD to delegated to me by the Administrator, safety in air commerce. This regulation prevent an incorrect emergency landing MLG the FAA proposes to amend 14 CFR part break-away sequence, which could result in is within the scope of that authority 39 as follows: puncturing of the wing box and consequent because it addresses an unsafe condition fuel leaks and an airplane fire. Failure of the that is likely to exist or develop on PART 39—AIRWORTHINESS fuse pins could also result in a premature products identified in this rulemaking DIRECTIVES landing gear collapse causing a runway action. excursion during take-off or landing. 1. The authority citation for part 39 (f) Compliance Regulatory Findings continues to read as follows: Comply with this AD within the We determined that this proposed AD Authority: 49 U.S.C. 106(g), 40113, 44701. would not have federalism implications compliance times specified, unless already done. under Executive Order 13132. This § 39.13 [Amended] proposed AD would not have a 2. The FAA amends § 39.13 by adding (g) Detailed Inspection and Replacement substantial direct effect on the States, on the following new airworthiness Within 1,125 days after the effective date the relationship between the national directive (AD): of this AD, perform a detailed inspection of

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the fuse pin cross bolts and fuse pins of the Internet: https://www.myboeingfleet.com. research on Alternate Positioning, left and right MLG forward trunnion lower You may review copies of the referenced Navigation and Timing (APNT) housing to verify that the cross bolts are service information at the FAA, Transport solutions that would enable further installed correctly and that there are no Airplane Directorate, 1601 Lind Avenue SW., reduction of VORs below the MON. missing fuse pins, in accordance with the Renton, Washington. For information on the Accomplishment Instructions of Boeing Alert availability of this material at the FAA, call In addition, the FAA plans to satisfy Service Bulletin 777–57A0090, dated August (425) 227–1221. any new requirements for Category I 24, 2011. If any cross bolt of the MLG instrument operations with WAAS Issued in Renton, Washington, on forward trunnion lower housing is not localizer performance with vertical December 6, 2011. installed correctly, or if any fuse pin of the guidance (LPV) procedures. A network MLG forward trunnion lower housing is Ali Bahrami, of existing Instrument Landing Systems missing: Before further flight, replace all fuse Manager, Transport Airplane Directorate, (ILS) would be sustained to provide pins in the MLG forward trunnion upper and Aircraft Certification Service. alternative approach and landing lower housing, in accordance with the [FR Doc. 2011–32077 Filed 12–14–11; 8:45 am] Accomplishment Instructions of Boeing Alert capabilities to continue recovery and BILLING CODE 4910–13–P Service Bulletin 777–57A0090, dated August dispatch of aircraft during GPS outages. 24, 2011. This transition would be consistent with the FAA’s NextGen Note 1: The service bulletin DEPARTMENT OF TRANSPORTATION accomplishment instructions might refer to Implementation Plan (NGIP), NAS Enterprise Architecture (EA), and other other procedures. When the words ‘‘refer to’’ Federal Aviation Administration are used and the operator has an accepted documentation. More information is alternative procedure, the accepted available on the FAA’s NextGen Web 14 CFR Parts 91, 121, 125, 129, and 135 alternative procedure can be used to comply site at http://www.faa.gov/nextgen and with the AD. When the words ‘‘in accordance the EA Web site at https://nasea.faa.gov. with’’ are included in the instruction, the Proposed Provision of Navigation procedure in the design approval holder Services for the Next Generation Air DATES: Comments must be received on (DAH) document must be used to comply Transportation System (NextGen) or before March 7, 2012. with the AD. Transition to Performance-Based ADDRESSES: Send comments identified Navigation (PBN) by Docket No. FAA–2011–1082 using (h) Alternative Methods of Compliance any of the following methods: (AMOCs) AGENCY: Federal Aviation • Federal eRulemaking Portal: Go to (1) The Manager, Seattle Aircraft Administration (FAA), DOT. http://www.regulations.gov and follow Certification Office (ACO), FAA, has the ACTION: Notice of proposed policy and authority to approve AMOCs for this AD, if the online instructions for sending your request for comments. comments electronically. requested using the procedures found in 14 • CFR 39.19. In accordance with 14 CFR 39.19, SUMMARY: The Federal Aviation Mail: Send comments to Docket send your request to your principal inspector Administration (FAA) seeks comments Operations, M–30; U.S. Department of or local Flight Standards District Office, as on a proposed transition of the U.S. Transportation (DOT), 1200 New Jersey appropriate. If sending information directly National Airspace System (NAS) Avenue SE., Room W12–140, West to the manager of the ACO, send it to the Building Ground Floor, Washington, DC attention of the person identified in the navigation infrastructure to enable performance-based navigation (PBN) as 20590–0001. Related Information section of this AD. • Hand Delivery or Courier: Take Information may be emailed to 9-ANM- part of the Next Generation Air [email protected]. Transportation System (NextGen). The comments to Docket Operations in (2) Before using any approved AMOC, FAA plans to transition from defining Room W12–140 of the West Building notify your appropriate principal inspector, airways, routes and procedures using Ground Floor at 1200 New Jersey or lacking a principal inspector, the manager VHF Omni-directional Range (VOR) and Avenue SE., Washington, DC, between of the local flight standards district office/ other legacy navigation aids 9 a.m. and 5 p.m., Monday through certificate holding district office. (NAVAIDs) 1 towards a NAS based on Friday, except Federal holidays. (3) An AMOC that provides an acceptable • Fax: Fax comments to Docket Area Navigation (RNAV) everywhere level of safety may be used for any repair Operations at (202) 493–2251. and Required Navigation Performance required by this AD if it is approved by the Privacy: The FAA will post all (RNP) where beneficial. Such Boeing Commercial Airplanes Organization comments it receives, without change, Designation Authorization (ODA) that has capabilities will be enabled largely by to http://www.regulations.gov, including been authorized by the Manager, Seattle ACO the Global Positioning System (GPS) any personal information the to make those findings. For a repair method and the Wide Area Augmentation commenter provides. Using the search to be approved, the repair must meet the System (WAAS). The FAA plans to function of the docket Web site, anyone certification basis of the airplane, and the retain an optimized network of Distance approval must specifically refer to this AD. can find and read the electronic form of Measuring Equipment (DME) stations all comments received into any FAA (i) Related Information and a minimum operational network dockets, including the name of the (MON) of VOR stations to ensure safety (1) For more information about this AD, individual sending the comment (or contact James Sutherland, Aerospace and continuous operations for high and signing the comment for an association, Engineer, Airframe Branch, ANM–120S, low altitude en route airspace over the business, labor union, etc.). DOT’s FAA, Seattle Aircraft Certification Office conterminous US (CONUS) and complete Privacy Act Statement can be (ACO), 1601 Lind Avenue SW., Renton, terminal operations at the Core 30 found in the Federal Register published Washington 98057–3356; phone: (425) 917– airports.2 The FAA is also conducting 6533; fax: (425) 917–6590; email: on April 11, 2000 (65 FR 19477–19478) [email protected]. as well as at http://DocketsInfo.dot.gov. (2) For service information identified in 1 Includes Tactical Air Navigation (TACAN) FOR FURTHER INFORMATION CONTACT: Mr. this AD, contact Boeing Commercial Azimuth, VOR/TACAN (VORTAC), VOR/DME, Non-Directional Beacon (NDB) operated by the Airplanes, Attention: Data & Services Greg Joyner, AJW–911, Navigation FAA. Services, Federal Aviation Management, P.O. Box 3707, MC 2H–65, 2 Core 30 airports are those with significant Seattle, Washington 98124–2207; phone: activity serving major metropolitan areas and also Administration, 800 Independence (206) 544–5000, extension 1; fax: (206) 766– serve as hubs for airline operations, found at http:// Avenue SW., Washington, DC 20591; 5680; email: [email protected]; aspmhelp.faa.gov/index.php/Core_30. telephone: (202) 493–5721.

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SUPPLEMENTARY INFORMATION: unscheduled outages. For example, the evaluated on its own merits. The FAA U.S. government regularly conducts will convene a working group that will The Proposal scheduled testing in the NAS that develop a candidate list of VORs for Purpose impacts GPS use in selected regions. discontinuance using relevant This notice announces the FAA’s Unscheduled GPS outages have been operational, safety, cost, and economic proposed strategy to meet requirements caused by interference from intentional criteria. As part of the process, this for air navigation service in the United or unintentional sources of RFI. The working group will engage aviation FAA will ensure sufficient industry stakeholders and other States. The FAA is committed to infrastructure is provided to mitigate the members of the public for input. maintaining the highest levels of safety, effects of scheduled GPS outages in Suitably equipped RNAV aircraft can capacity, and efficiency in the NAS designated areas and unscheduled continue to fly the existing Victor while transitioning from the legacy outages which could otherwise Airways and Jet Routes, Standard station-referenced system of airways, significantly disrupt air commerce. Terminal Arrivals (STAR), and routes and procedures to a performance- The FAA also provides a network of Departure Procedures (DP) even if their based system providing flexible point- distance measuring equipment (DME) associated VORs are not operating, by to-point navigation enabled by that enable aircraft with suitable RNAV the use of RNAV substitution as geospatial positioning, navigation, and avionics to fly RNAV routes and described in AC 90–108, Use of Suitable timing (PNT) infrastructure and aircraft terminal procedures where sufficient Area Navigation (RNAV) Systems on advanced navigation systems. DME coverage exists. (See FAA Conventional Routes and Procedures. Transition to PBN for En Route, Advisory Circular (AC) 90–100A, U.S. Existing airways, routes, and procedures Terminal and Approach Operations in Terminal and En Route Area Navigation eventually would be replaced by RNAV CONUS (RNAV) Operations.) In the near term, Q (high) and T (low) Routes, and RNAV the FAA plans to enhance DME STARs and DPs. VORs are also used for Many NextGen benefits depend on facilities to provide unrestricted RNAV the Hazardous In-flight Weather PBN, specifically RNAV and RNP operations for DME/DME and DME/ Advisory Service (HIWAS) broadcast routes, arrivals, departures, instrument DME/Inertial Reference Unit (IRU) and voice communication with FAA approaches and other procedures to equipped aircraft operating in Class A Flight Service Stations. These services increase capacity and efficiency, and airspace over the CONUS and in the are not planned to be impacted by this reduce aircraft noise and emissions vicinity of the Core 30 airports. Over the proposal. while enhancing safety. All of these longer term, the FAA is investigating WAAS supports vertically-guided operations are enabled primarily by GPS other APNT solutions to satisfy PNT approach operations, called Localizer and WAAS. requirements for all users in the event Performance with Vertical guidance GPS provides a level of service that of a loss of GPS. (LPV). These approaches are equivalent supports lateral navigation for en route Since VORs do not enable RNAV, to Category I ILS, but do not require any through non-precision instrument RNP, or Automatic Dependent radio navigation equipment at or near approaches. GPS is an internationally Surveillance-Broadcast (ADS–B) the airport. WAAS provides LPV accepted navigation system, operations, the FAA plans to reduce coverage throughout CONUS, Alaska, standardized by the International Civil costs by drawing down the number of and most of and . By Aviation Organization (ICAO), and has FAA-provided VORs. Currently, over 2016, the FAA expects to provide been approved for use by many 80% of the 967 VORs in the NAS instrument approach procedures with countries. Additional information inventory are past their economic LPV or localizer performance (LP) non- concerning GPS can be found at service life and cost the FAA more than precision lines of minima to all www.gps.gov and www.pnt.gov. The $110M per year to operate. Likewise, qualified instrument runways in U.S. government has committed to replacement parts are becoming CONUS and Alaska (see Advisory maintaining GPS services in accordance increasingly difficult to obtain. The Circular AC 150/5300–13, Airport with the Standard Positioning Service replacement of all of the VORs would Design, Appendix 16). In order to Performance Standard of September cost over $1.0B. Therefore, the FAA is maximize operational benefits and take 2008. The U.S. is improving GPS planning a gradual discontinuance advantage of the cost savings associated services by adding a second frequency (removal from service) of VOR facilities with WAAS, the FAA no longer intends which will make GPS more resistant to in CONUS to a minimum operational to establish new Category I ILSs using unintentional radio frequency network (MON). The MON would Facilities and Equipment (F&E) funding. interference (RFI) sources. enable aircraft anywhere in the CONUS ILSs that are funded by grants from WAAS is a GPS augmentation system to proceed safely to a destination with the Airport Improvement Program (AIP) for aviation use that has been a GPS-independent approach within will continue as an eligible project per operational since 2003 and is used to 100 nm. MON coverage is planned to be the authorizing statute. However, the improve the accuracy, integrity, and provided at altitudes above 5,000 feet FAA is considering programmatic availability of GPS. WAAS also above ground level (AGL). The FAA changes under AIP that would favor improves the availability of GPS to would also retain VORs to support WAAS for new precision approaches at support PBN operations, even if several international arrival airways from the airports, rather than ILS. The FAA GPS satellites were to go out of service. Atlantic, Pacific, Caribbean, and at the Office of Airports will engage with WAAS is a satellite-based augmentation Core 30 airports. The existing U.S. airport stakeholders and associations on system (SBAS) standardized by ICAO. legacy navigation aids outside CONUS these potential changes. Compatible systems are operational in will be retained until a longer-term Existing ILSs would provide an Japan and Europe, and other SBASs are solution can be coordinated with users. alternative approach and landing in development in and Russia. The drawdown of VORs to a MON capability in support of recovery and Even though basic and augmented would be completed no later than dispatch of aircraft during GPS outages. GPS services enable all of the PBN January 1, 2020. ILSs would provide the precision capabilities for NextGen, the signals are In considering VORs for approach and landing segment for vulnerable to scheduled and discontinuance, each facility will be APNT.

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For all approach procedures, airports route to be flown is provided in the may be unavailable) is not appropriate. will continue to be required to meet Aeronautical Information Manual and in In those areas and during the test, airfield design and infrastructure a series of advisory circulars (see AC aircraft must be equipped with other requirements appropriate for the Nos. 90–100, 90–101, 90–105, and 90– equipment suitable for the planned approach visibility levels set forth in AC 107). Equipment is considered suitable operation (route of flight, altitude, etc.). 150/5300–13. if it has been demonstrated to provide However, pilots may use GPS or WAAS the accuracy, integrity and reliability for during flight if onboard equipment Future Plans the operation and the necessary indicates service is available. Unaugmented GPS is capable of radionavigation service is provided for RNAV systems using multiple DME providing the accuracy and integrity the planned route of flight. For signals are also suitable for many of the required by the FAA’s ADS–B Out conventional ground-based routes and same operations. DME has several regulations (14 CFR 91.225 and 91.227) procedures, suitable equipment can be limitations compared to GPS or WAAS: that were effective August 31, 2010 and directly inferred from the type of the coverage of the service is not have a compliance date of January 1, procedure (e.g., a VOR receiver would universal, so the operator must verify 2020. However, at this time, WAAS be suitable for operation on a Jet Route). that it is available over the planned augmentation is the only service that RNAV systems, enabled by GPS, WAAS, route of flight; and DME navigation is provides the 99.9 percent availability or DME/DME/IRU (DDI), are suitable for not currently capable of providing the (equivalent to radar) needed for ADS–B. a variety of operations including: more precise accuracy that is needed for Operators that equip with other position Æ Operation on Victor Airways, Jet approach and departure operations. sources, such as Receiver Autonomous Routes, terminal arrivals, departures, Two Independent Systems Integrity Monitoring (RAIM) based GPS, and approach procedures, including the may experience periods of initial and missed approach portions of FAA regulations applicable to unavailability that limit their access to an ILS instrument approach (based on domestic operations for commerce or for the airspace. The FAA expects that AC 90–108); hire require a second system capable of positioning from GPS combined with Æ Operation on RNAV routes reversion or contingency operations future positioning sources such as the (Q routes and T routes); during non-normal conditions, L5 GPS signal and/or other GNSS Æ Operation on RNAV arrivals and including regional- or system-wide signals, and GPS tightly integrated with departures; effects that could reasonably occur. The Æ inertial navigation systems, will also Operation on RNAV (GPS) rules applicable to those operations approaches (excluding DDI); require two independent navigation provide 99.9 percent availability. Æ The FAA is conducting research on Operation on RNAV (RNP) systems appropriate to the route to be APNT for service beyond 2020. The approaches (excluding DDI). flown, or one system that is suitable and FAA will consider, in consultation with Operators must ensure that a second, independent backup the users, whether the MON may be performance requirements can be met capability that allows the operator to further reduced after an APNT solution for the intended operations during flight proceed safely and land at a different is selected and available. The FAA is planning. Due to integrity limitations of airport, and the aircraft must have also evaluating the use of the Ground- unaugmented GPS, aircraft using sufficient fuel (reference 14 CFR Based Augmentation System (GBAS) in unaugmented GPS navigation 121.349, 125.203, 129.17, and 135.165). addition to ILS to provide Category II/ equipment under IFR must be equipped These rules ensure the safety of the III approach services. with an approved and operational operation by preventing a single point of alternate means of navigation so that the failure. Review of Navigation Equipage aircraft can proceed safely to a landing The requirements for a second system Requirements at a suitable airport. This limitation also apply to the entire set of equipment FAA regulations addressing the applies to required alternates: When a needed to achieve the navigation operational requirements to carry planned alternate is required, that capability, not just the individual navigation equipment in aircraft are set alternate cannot be predicated on GPS components of the system such as the forth in 14 CFR parts 91, 121, 125, 129, in any way (as the primary approach radionavigation receiver. For example, and 135. Operators should be familiar aid, or as the means to accomplish the in order to use two RNAV systems to with their specific requirements. The initial, intermediate or missed approach comply with the requirements, the following paragraphs provide an of an ILS, RNAV, or VOR approach). aircraft must be equipped with two overview of those requirements to assist General aviation aircraft using WAAS independent radionavigation receivers in understanding the context for the equipment under IFR do not require an and two independent navigation radionavigation services described in alternate means of navigation, due to the computers (e.g., flight management this Notice. improved reliability of WAAS. However systems). Alternatively, to comply with in non-normal conditions resulting in the requirements using a single RNAV Suitable Equipage for the Route To Be the loss of WAAS services (for example system with an installed and operable Flown catastrophic failure of the WAAS VOR capability, the VOR capability The aircraft equipage rules are satellites), the FAA will advise WAAS must be independent of the FMS. The performance-based and the aircraft must users that the GPS-only restrictions MON described in this notice would have equipment appropriate for the should be applied until such time as continue to allow this equipage to fulfill route to be flown, including en route, WAAS service can be restored. Aircraft the above requirements for operating departure, arrival, and instrument equipped only with WAAS would be within U.S. airspace. approach procedures. Operators supported by air traffic control in the To satisfy the requirement for two planning to fly a variety of different event of a catastrophic failure of satellite independent navigation systems, if the routes and procedures must carry navigation. primary navigation system is GPS- equipment suitable for the different The planned use of GPS or WAAS based, the second system must be routes and procedures. during periods when GPS may be independent of GPS (e.g., VOR or DDI). FAA guidance describing the unavailable (e.g., test events identified This allows continued navigation in navigation equipment ‘‘suitable’’ to the through NOTAM as areas in which GPS case of failure of the GPS or WAAS

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services. Recognizing that GPS Issued in Washington, DC, on December 1, products.1 The comment period for the interference and test events resulting in 2011. Advance Notice closed on October 21, the loss of GPS services have become Phillip Leman, 2011. Having developed the concept more common, the FAA requires Acting Manager, Navigation Services. into a concrete proposal, the Postal operators conducting IFR operations [FR Doc. 2011–31451 Filed 12–14–11; 8:45 am] Service is now publishing and soliciting under 14 CFR 121.349, 125.203, 129.17 BILLING CODE 4910–13–P public comment on proposed revisions and 135.165 to retain a non-GPS to the service standard regulations navigation capability consisting of contained in 39 CFR part 121. Pursuant either DME/DME, IRU or VOR for en POSTAL SERVICE to 39 U.S.C. 3661(b), the Postal Service has also requested an advisory opinion route and terminal operations, and VOR from the Postal Regulatory Commission and/or ILS for final approach. Since this 39 CFR Part 121 regarding the proposed revisions.2 system is to be used as a reversionary Service Standards for Market- II. Advance Notice capability, single equipage is sufficient. Dominant Mail Products Instructions for Submission of In the Advance Notice, the Postal AGENCY: Postal ServiceTM. Comments Service explained that the growing ACTION: Proposed rule. excess capacity in its mail processing Interested parties are invited to network has led it to consider provide comments on the proposal. SUMMARY: The Postal Service seeks significantly consolidating that network. Comments that provide the factual basis public comment on proposed revisions The excess capacity stems largely from supporting the views and suggestions to the service standards for market- falling mail volumes, particularly in dominant mail products. The most presented would be particularly helpful First-Class Mail. Annual First-Class significant revision would largely in developing reasoned decisions on the Mail volume peaked in 2001 at 103.7 eliminate overnight service for First- billion pieces; it has fallen about 30 proposal. Class Mail. billion pieces since then, or 29 percent. Communications should identify DATES: Comments must be received on The Postal Service’s mail processing docket numbers (FAA Docket No. FAA– or before February 13, 2012. network was designed principally to 2011–1082 and be submitted in ADDRESSES: Written comments should achieve First-Class Mail service triplicate to the Docket Management be mailed to Manager, Industry standards, and the decline in First-Class Facility (see ADDRESSES section for Engagement and Outreach, United Mail volume has made it difficult for the address and phone number). States Postal Service, 475 L’Enfant Plaza Postal Service to consolidate the All communications received on or SW., Room 4107, Washington, DC network quickly enough to align with before the specified closing date for 20260–4107, or transmitted by email to current volumes. The Postal Service stated in the [email protected]. Copies of comments will be considered before Advance Notice that further changes to all comments will be available for taking action on the proposal. The align the mail processing network will inspection and photocopying at the proposal contained in this action may for the most part be unachievable Postal Service Headquarters Library, 475 be changed in light of comments without a relaxation of certain market- L’Enfant Plaza SW., 11th Floor North, received. All comments submitted will dominant service standards, particularly Washington, DC 20260, between 9 a.m. be available for examination in the for First-Class Mail. The Postal Service and 4 p.m., Monday through Friday, by public docket both before and after the set forth a proposal to eliminate the appointment (please call (202) 268–5585 closing date for comments. A report overnight service standard for First- summarizing each substantive public to schedule an appointment). Class Mail, narrow the product’s two- contact with FAA personnel concerned FOR FURTHER INFORMATION CONTACT: day delivery range, and enlarge its with this proposal will be filed in the Wendy Hocking, Industry Engagement three-day delivery range. The proposal docket. and Outreach, at (202) 268–8149; or also contemplated similar changes to Emily Rosenberg, Network Analytics, at the Periodicals service standards, Availability of Proposal (202) 268–5585. because those service standards are SUPPLEMENTARY INFORMATION: An electronic copy of this document linked to First-Class Mail service standards. The Postal Service further may be downloaded through the Table of Contents noted that the proposal could entail Internet at http://www.regulations.gov. I. Introduction minor changes to Standard Mail service You may review the public docket II. Advance Notice standards, and it stated that all Postal containing the proposal, any comments III. Comments Service products could experience received, and any final disposition in IV. Response to Comments changes in specific 3-digit ZIP Code person in the Dockets Office (see V. Proposed Revisions to Service Standards origin-destination pairs’ transit times. A. Service Standards Generally The Postal Service explained in the ADDRESSES section for address and B. First-Class Mail phone number) between 9 a.m. and C. Periodicals Advance Notice that the proposal could 5 p.m., Monday through Friday, except D. Standard Mail and Package Services make possible a significant modification Federal holidays. An informal docket VI. Request for Comments of the mail processing network, better may also be examined during normal I. Introduction 1 Proposal to Revise Service Standards for First- business hours at the office of Docket Class Mail, Periodicals, and Standard Mail, 76 FR Operations, M–30; U.S. Department of On September 21, 2011, the Postal 58433 (Sept. 21, 2011). Transportation (DOT), 1200 New Jersey Service published an advance notice of 2 Request of the United States Postal Service for Avenue SE., Room W12–140, West proposed rulemaking (the Advance an Advisory Opinion on Changes in the Nature of Postal Services, Docket No. N2012–1 (Dec. 5, 2011). Building Ground Floor, Washington, DC Notice) in the Federal Register soliciting public comment on a Documents pertaining to the Request are available 20590–0001. at the Postal Regulatory Commission (PRC) Web conceptual proposal to revise service site, http://www.prc.gov, under Docket No. N2012– standards for market-dominant 1.

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aligning the network with current and stated that the mailing industry needs designing and revising market-dominant future mail volumes, and that the comprehensive information on how the service standards.4 proposal could lead to significant cost proposal would alter the service The primary reality driving the savings. The Postal Service also standards between each 3-digit ZIP proposal is the decline in First-Class described some of the effects the Code origin-destination pair and Critical Mail volume. As noted above, annual proposal could have on mail users. The Entry Times. They requested an First-Class Mail volume has declined 29 Postal Service solicited public comment implementation timeline, including the percent over the last decade. The Postal on all aspects of the proposal. sequence in which facilities would be Service expects this volume to decline III. Comments closed. faster in the next decade—the Postal Service forecasts annual First-Class Mail The Postal Service received over Some commenters questioned whether the Postal Service would be volume to fall from 73.5 billion pieces 4,200 comments in response to the in 2011 to 39 billion pieces in 2020, a able to maintain its current on-time Advance Notice, from a variety of decline of 47 percent from the 2011 delivery performance, given the longer sources, including retail customers, level. The mail processing network was distances that mail will be transported small businesses, periodicals designed principally to achieve First- publishers, parcel shippers, nonprofit to and from processing facilities. Many Class Mail service standards, and if the mailers, commercial mail advertisers, mailers expressed concern regarding network does not undergo significant mailer trade associations, postal unions how Business Mail Entry Units (BMEUs) consolidation, it will be vastly oversized and associations, state and local and Detached Mail Units (DMUs) would for the amount of First-Class Mail governments, members of Congress, and be affected by the proposal; for example, volume it processes. As the Postal others. The majority of commenters they asked whether BMEUs would be Service has stated, a significant expressed opposition to the proposal. maintained at sites where processing consolidation of the mail processing Some commenters, while not opposed facilities are closed, and whether network is not possible without to the proposal, raised concerns ‘‘stand-alone’’ BMEUs might be adjusting market-dominant service regarding it. Some commenters established in more central locations. requested more information. A minority standards. Mailers expressed concern that, after the In regard to commenters’ concern that of commenters supported the proposal. consolidation of a significant number of Commenters who opposed the the proposal will exacerbate volume processing facilities, there could be proposal cited a number of reasons for declines, the Postal Service has their opposition. Some stated that the congestion at the loading docks of the conducted market research to determine current service standards constitute an remaining facilities. how retail and commercial customers essential component of the mail, Mailers sought clarification on how would react to the proposal. Based on without which the mail would lose its the Postal Service will transition this market research, the Postal Service utility to those who rely upon it most, customer mailing accounts if acceptance estimates that the proposal will lead to such as the elderly, those who cannot units are closed or consolidated, and an additional 1.9 percent decline in access the internet, and those who live whether existing permits could continue First-Class Mail (approximately 1.5 in rural areas. They pointed out that the to be used at new acceptance units. billion pieces), based on 2010 volume.5 proposal could cause delayed receipt of Some mailers inquired whether the In light of the forecast 47 percent vital checks and medicines and could Postal Service would create single decline in annual First-Class Mail lead to more late fees being levied by permits for customers that mail at volume by 2020, the Postal Service financial institutions. They stated that multiple origin offices. More generally, believes that the additional 1.9 percent the proposal would lead to lower mail many commenters asked how the Postal decline is, while unfortunate, volumes and revenue for the Postal Service would communicate the acceptable. Service, would hurt many businesses changes associated with the proposal The Postal Service has also calculated that rely on the mail, and would damage both to commercial customers and to the cost savings that will likely accrue the economy generally. Numerous the public at large. to the Postal Service upon full commenters expressed concern implementation of the proposal, by regarding the impact that the closures of IV. Response to Comments reviewing all of the operational changes processing facilities would have on that would occur if the proposal were to local communities. The Postal Service has decided to be implemented, and then quantifying Some commenters questioned continue pursuing the proposal, with the costs that would be saved as a result whether the Postal Service’s financial some changes, by issuing proposed of those changes. The Postal Service 3 difficulties are significant enough to rules. The Postal Service acknowledges believes that these cost savings will total require major changes. Others suggested that the proposal would cause difficulty for some customers, and would, to some that the Postal Service seek to improve 4 A lengthier discussion of how the proposal its financial position through other degree, reduce the value of the mail to conforms to the policies of Title 39 and to the means, such as pricing and legislative customers. However, it believes that, on factors and objectives set forth in subsections (b)(1) changes, rather than lengthen service balance, the proposal is in the long-term and (c) of 39 U.S.C. 3691 is contained in the Postal Service’s request to the PRC for an advisory standards. Some commenters stated that interests of the Postal Service, and that opinion. See Request of the United States Postal the proposal violates the statutes it will help maintain the viability of the Service for an Advisory Opinion on Changes in the governing the Postal Service, and they Postal Service for all customers into the Nature of Postal Services, Docket No. N2012–1 questioned whether the Postal Service future. The Postal Service believes that (Dec. 5, 2011); see also Direct Testimony of David Williams on Behalf of the United States Postal has considered all of the requisite the proposal conforms to the policies of Service (USPS–T–1), Docket No. N2012–1 (Dec. 5, statutory factors in forming its proposal. Title 39 and, in particular, to the factors 2011), available at http://www.prc.gov. Commenters also requested more and objectives set forth in subsections 5 A full description of the market research is information about the proposal. (b)(1) and (c) of 39 U.S.C. 3691 for contained in testimony filed at the PRC. See Direct Testimony of Greg Whiteman on Behalf of the Commenters asked for a calculation of United States Postal Service (USPS–T–12), Docket the cost savings and revenue loss that 3 The proposal, as modified, is described in detail No. N2012–1 (Dec. 5, 2011), available at http:// would result from the proposal. They in Section V. www.prc.gov.

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approximately $2.6 billion annually.6 operations are eliminated. Where this is (this day is termed ‘‘day-zero’’). In other The data produced by the Postal not practicable, the Postal Service will words, if a piece is entered before the Service’s market research indicate that set up new acceptance units within CET, its service standard is calculated the proposal would lead to an annual relatively close geographical proximity from the day of entry, whereas if it is loss of $1.3 billion in revenue, which to the original facilities. In regard to entered after the CET, its service translates to $0.5 billion in lost mailers’ concerns about congestion at standard is calculated from the contribution. Subtracting this the loading docks of remaining following day.10 For example, if the contribution loss from the cost savings facilities, the Postal Service will adjust applicable CET is 5 p.m., and a letter is yields a net annual benefit of $2.1 local staffing levels and facility capacity entered at 4 p.m. on a Tuesday, its billion to the Postal Service. Given the as necessary to avoid congestion. In service standard will be calculated from multi-billion dollar deficits that the addition, Plant-Verified Drop Ship Tuesday, whereas if the letter is entered Postal Service has experienced in each appointment windows in the Facility at 6 p.m. on a Tuesday, its service of the last five years, and given the over Access and Shipment Tracking system standard will be calculated from $14 billion dollar loss it expects in will be adjusted as necessary to support Wednesday. 2012,7 capturing cost savings wherever shifting volumes across the network. In CETs are not contained in 39 CFR part possible will be vital to the Postal regard to mailers’ concerns about 121, because they vary based on where Service’s financial viability. The Postal permits, the Postal Service will allow mail is entered, the mail’s level of Service believes that the present customers to maintain their existing preparation, and other factors. The CETs proposal’s estimated $2.1 billion in net permit account numbers from at retail collection points are generally annual benefit will, along with other eliminated sites for use at the remaining listed at those points.11 For example, initiatives and measures, help return the sites. Customers will also be able to blue collection boxes list the time of day Postal Service to a fiscally sound continue using existing indicia.8 when mail is collected from them by the position. As the Postal Service moves forward Postal Service; if a blue collection box To provide detail on the potential with the proposal, it is committed to lists three pick-up times on one day, the impact of the proposal on the service communicating its plans in a clear and CET for that day is the latest listed pick- standards between specific 3-digit ZIP simple manner. up time. Code origin-destination pairs, the Postal V. Proposed Revisions to Service The Postal Service has noted below Service has published an illustrative Standards certain new CETs it plans to institute if Service Standard Directory (SSD) at it determines to implement the http://about.usps.com/news/facility- The Postal Service’s market-dominant proposed rules. The CETs could, of studies/. The SSD lists the service service standards are contained in 39 course, be modified in the future, as the standards that would exist in a potential CFR part 121. The proposed revised operating environment that the Postal realigned network. Because the proposal version of 39 CFR part 121 appears at Service faces changes over time. could change prior to implementation or the end of this Notice. The following is possibly not be implemented, and a summary of the proposed revisions. B. First-Class Mail because the actual changes that A. Service Standards Generally The Postal Service is not proposing to ultimately occur will depend on the change the first component of the First- outcome of numerous Area Mail Before describing how service Class Mail service standards, namely the Processing studies, the SSD list is only standards will be revised, it is important delivery day range applicable to First- hypothetical and illustrative. For the to understand how service standards are Class Mail in general. As is currently the same reasons, the Postal Service does structured. Service standards are case, the delivery day range for First- not presently have an implementation comprised of two components: (1) A Class Mail that originates and destinates delivery day range within which all timeline or a planned sequence in in the contiguous forty-eight states will mail in a given product is expected to which facilities would be closed. technically remain one to three days, be delivered; 9 and (2) business rules The Postal Service believes that, if the and the delivery day range for First- that determine, within a product’s proposal is implemented, the Postal Class Mail that originates or destinates applicable day range, the specific Service will achieve the same rates of in Alaska, Hawaii, Puerto Rico, the U.S. number of delivery days after success in meeting the new service Virgin Islands, or other U.S. territories acceptance of a mail piece by which a standards as it currently achieves in will technically remain one to five days. meeting the existing service standards. customer can expect that piece to be The Postal Service is, however, delivered, based on the 3-Digit ZIP Code In response to mailers’ concerns proposing to change the second prefixes associated with the piece’s regarding BMEUs, the Postal Service component of the First-Class Mail point of entry into the mail stream and will, wherever practicable, retain service standards, namely the business BMEUs in facilities where processing its delivery address. Business rules are based on Critical rules. The most significant effect of Entry Times (CETs). The CET is the these changes will be to drastically 6 Full descriptions of the cost savings calculations reduce the amount of First-Class Mail are contained in testimony filed at the PRC. See latest time on a particular day that a Direct Testimony of Marc Smith on Behalf of the mail piece can be entered into the postal that qualifies for an overnight service United States Postal Service (USPS–T–9), and network and still have its service standard. Under the current First-Class Direct Testimony of Michael Bradley on Behalf of standard calculated based on that day Mail overnight business rule, intra- the United States Postal Service (USPS–T–10), Sectional Center Facility (SCF) mail is Docket No. N2012–1 (Dec. 5, 2011), available at http://www.prc.gov. 8 A full description of the impact of the proposal subject to overnight delivery if it is 7 Some commenters stated that, if the statutory on the entry of commercial mail is contained in burden of an accelerated prefunding schedule for testimony filed at the PRC. See Direct Testimony of 10 If the following day is a Sunday or holiday, the Retiree Health Benefits Fund were lifted, the Pritha N. Mehra on Behalf of the United States then the service standard is calculated from the Postal Service would be in a financially sound Postal Service (USPS–T–7), Docket No. N2012–1 next Postal Service delivery day. position. In response, the Postal Service notes that, (Dec. 5, 2011), available at http://www.prc.gov. 11 The CET for outgoing mail left in a residential if it no longer had to make any prefunding 9 There are separate delivery day ranges for mail customer’s mailbox for pick-up by the customer’s payments to the Retiree Health Benefits Fund, it within the contiguous forty-eight states and mail carrier obviously varies based on the carrier’s would still experience a projected financial loss of that originates or destinates outside the contiguous schedule. The same is true for collection boxes that $3 billion in 2012. forty-eight states. are part of residential delivery cluster boxes.

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entered before the applicable day-zero standard). This criterion would be SCF mail is subject to overnight delivery CET.12 Mail is ‘‘intra-SCF’’ if its revised to a four hour driving time if it is entered before the applicable day- destination is within its designated between the piece’s origin P&DC/F and zero CET and its origin P&DC/F and SCF SCF’s delivery area. The current its destination SCF.16 are located in the same building.19 overnight business rule also includes All First-Class Mail that qualifies for Under the proposed overnight business criteria establishing an overnight service a two-day service standard under the rule, overnight service would be limited standard for some inter-SCF mail current two-day business rule, but to pieces that are intra-SCF, Presort, not entered before the CET, depending on would not qualify for a two-day service mixed with any inter-SCF pieces, and the mail’s destination. standard under the proposed two-day entered at the SCF prior to the CET.20 Under the proposed revisions to the business rule, will qualify for a three- The differences between the current and First-Class Mail overnight business rule, day standard. The three-, four-, and five- proposed rules, then, are that the overnight service would be accorded day business rules for First-Class Mail proposed rule adds requirements that only to intra-SCF Presort First-Class will not be revised. Any First-Class Mail the mail be Presort, that it not be mixed Mail that is entered at the SCF prior to that currently qualifies for a three-, with inter-SCF mail, and that it be the CET.13 Overnight service would not four-, or five-day service standard will entered at the designated SCF. be accorded to any mail that is entered retain its current service standard under Further, some of the end-to-end anywhere other than the designated the proposed rules.17 Periodicals CETs will change. The SCF, it would not be accorded to any The Postal Service is not proposing current CETs at facilities that do not mail whose destination is outside the any changes to the service standards for employ the Flats Sequencing System delivery area of the SCF (i.e., inter-SCF), First-Class Mail International beyond (non-FSS facilities) are 4 p.m. for and it would not be accorded to any the changes described above for mailings that require the Postal Service mail that does not meet all of the domestic First-Class Mail. The new to perform a bundle sort, and 5 p.m. for preparation requirements for Presort domestic transit time for First-Class mailings that do not require the Postal mail. The CET at the SCF would be Mail International will mirror the new Service to perform a bundle sort. These 8 a.m., with a 12 p.m. exception that domestic transit time for domestic First- CETs would be changed to 11 a.m. and would be available only to intra-SCF Class Mail. 2 p.m., respectively. The current CETs Presort First-Class Mail that is sorted C. Periodicals at FSS facilities—8 a.m. for mailings and containerized to the 5-digit Zip that require a bundle sort, and 11 a.m. 14 Code or 5-digit scheme level. Pursuant The Postal Service is not proposing to for mailings that do not require a bundle to these revisions, overnight service change the delivery day range for sort—will remain unchanged. would no longer be available to any Periodicals mailed within the The Postal Service is proposing to First-Class Mail entered by retail contiguous forty-eight states, but it is insert a new, two-day business rule for customers, regardless of when or where proposing to change the delivery day end-to-end Periodicals to cover all intra- 15 such mail is entered. range for Periodicals that originate or SCF mail that is entered prior to the Intra-SCF mail that is entered before destinate outside the contiguous forty- CET and does not meet the requirements the day-zero CET but does not meet the eight states. The Postal Service proposes of the proposed overnight business criteria for overnight service would be extending such mail’s maximum rule.21 Thus, end-to-end Periodicals accorded a two-day service standard. delivery period from the current twenty mail pieces that meet the requirements The First-Class Mail two-day business days to a proposed twenty-six days, to of the current overnight business rule rule would be revised accordingly. In more accurately reflect the service that but do not meet the requirements of the 18 addition, the current First-Class Mail is received by such mail. proposed overnight business rule will two-day business rule covers any mail The Postal Service is also proposing be accorded a two-day service standard. piece entered before the day-zero CET if to change the Periodicals business rules. Consequently, the current two- to the driving time between the piece’s There are separate business rules for four-day business rule for end-to-end origin Processing and Distribution end-to-end Periodicals and destination- Periodicals will be revised to become a Center or Facility (P&DC/F) and its entry Periodicals. three- to four-day business rule. This destination Area Distribution Center 1. End-to-End Periodicals rule will not be revised in any other (ADC) is twelve hours or less (and the way. The current five- to nine-day piece does not qualify for the overnight Under the current overnight business rule for end-to-end Periodicals, intra- business rule for end-to-end Periodicals will not be revised. The current eight- 12 The rule has an exception that excludes from overnight service some mail outside of the 16 The current business rule measures the driving to twenty-day business rule for end-to- contiguous forty-eight states, specifically: Mail time based on the destination ADC. After the between Puerto Rico and the U.S. Virgin Islands; proposed consolidation of so many facilities, the 19 As with the First-Class Mail overnight business and mail originating and destinating in the Alaska Postal Service believes it will be able to sort First- rule, the Periodicals overnight business rule has an 3-digit ZIP Codes 996, 997, 998, and 999, and in the Class Mail at the origin to the SCF level, which is exception that excludes from overnight service mail Alaska 5-digit ZIP Codes 99540 to 99591. a further level of sortation than the ADC level. between Puerto Rico and the U.S. Virgin Islands, 13 The rule will retain the exception that the Therefore, mail will generally bypass ADCs and be and mail originating and destinating in the Alaska current rule has to exclude from overnight service transported directly to SCFs. For this reason, the 3-digit ZIP Codes 996, 997, 998, and 999, and in the some mail outside of the contiguous forty-eight proposed business rule measures the driving time Alaska 5-digit ZIP Codes 99540 to 99591. states. However, the exception will be expanded to based on the destination SCF. 20 The rule will retain the exception that the also include the Alaska 5-digit ZIP Codes 99592 to 17 There will be limited, exceptional cases where, current rule has to exclude from overnight service 99599. These ZIP Codes are currently unassigned, as a result of the proposed network changes, the some mail outside of the contiguous forty-eight but they may be assigned in the future. service standards between certain origin-destination states. However, the exception will be expanded to 14 A ‘‘scheme’’ is a collection of multiple 5-digit pairs will change from three days to two days. also include the Alaska 5-digit ZIP Codes 99592 to ZIP Codes that are processed on a single sort 18 Outside the contiguous forty-eight states, mail 99599. These ZIP Codes are currently unassigned, program. is often dependent on transportation that does not but they may be assigned in the future. 15 As is the case currently, First-Class Mail run daily (e.g., certain boat and air-taxi services 21 The proposed end-to-end Periodicals two-day entered by retail customers would have varying used by the Postal Service operate only on certain business rule will have the same exception that the CETs based on the point of entry. Because mail days of the week). For this reason, the service proposed end-to-end Periodicals overnight business entered by retail customers cannot meet the accorded to such mail varies widely and is often rule will have to exclude from overnight service preparation requirements for Presort mail, such much longer than stated in the current service some mail outside of the contiguous forty-eight mail would be ineligible for overnight service. standards. states.

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end Periodicals will be revised to end-to-end seven- to twenty-day rule portions thereof: 995 (5-digit ZIP Codes become an eleven- to twenty-six-day would be revised to ten to twenty-six 99540 through 99599), 996, 997, 998 business rule. This revision is being days, and the destination-entry seven- to and 999. made so that the rule more accurately eight-day rule would be revised to (b) A 2-day service standard is reflects the service that is currently eleven to twelve days. established for all domestic First-Class received by pieces destinating outside Mail pieces properly accepted before the VI. Request for Comments the contiguous forty-eight states.22 day-zero Critical Entry Time at origin if The Postal Service requests comments a 1-day service standard is not required, 2. Destination-Entry Periodicals on the proposed revisions to 39 CFR and if the origin PDC/F to SCF surface The CETs for destination-entry Part 121 and on the proposal generally. transportation drive time is 4 hours or Periodicals will be changed in the same A more extensive discussion of the less; or if the origin and delivery manner as the CETs for end-to-end proposal and its associated network and address are separately in the territories Periodicals are changed. The CETs at service implications is available in the of Puerto Rico and the U.S. Virgin non-FSS facilities will change from materials filed by the Postal Service Islands; or if the mail is intra-SCF and 4 p.m. for mailings that require a bundle with the Postal Regulatory Commission originating from or destinating to one of sort, and 5 p.m. for mailings that do not in Docket No. N2012–1, at http:// the following 3-digit ZIP Code areas in require a bundle sort, to 11 a.m. and www.prc.gov. If the Postal Service Alaska or designated portions thereof: 2 p.m., respectively. The CETs at FSS determines to implement the proposal, 995 (5-digit ZIP Code areas 99540 facilities will not change. it will publish final rules in the Federal through 99599), 996, 997, 998, and 999. The business rules for destination- Register. (c) A 3-day service standard is entry Periodicals will not be revised in List of Subjects in 39 CFR Part 121 established for all remaining domestic any significant fashion. The seven-day First-Class Mail pieces properly business rule will be revised to become Administrative practice and accepted before the day-zero Critical an eleven-day business rule, and the procedure, Postal Service. Entry Time at origin, if neither a 1-day five- to eight-day business rule will be Accordingly, for the reasons stated, nor a 2-day service standard is required revised to become an eight- to eleven- the Postal Service proposes the and: day business rule. Both of these changes following revision to 39 CFR part 121: (1) Both the origin SCF and the are being made so that the rules more delivery address are within the accurately reflect the service that is PART 121—SERVICE STANDARDS contiguous 48 states; currently received by pieces destinating FOR MARKET DOMINANT MAIL (2) The origin SCF is in the outside the contiguous forty-eight PRODUCTS contiguous 48 states, and the delivery states.23 1. The authority citation for 39 CFR address is in either of the following: the D. Standard Mail and Package Services Part 121 continues to read as follows: 995 3-digit ZIP Code area in the state of Alaska, or the 968 3-digit ZIP Code area The Postal Service is not proposing Authority: 39 U.S.C. 101, 401, 403, 404, in the state of Hawaii, or in the 006, 007, any revisions to the service standards 1001, 3691. or 009 3-digit ZIP Code areas of the for Standard Mail and Package Services 2. Revise Part 121 to read as follows: territory of Puerto Rico; pieces mailed within the contiguous (3) The origin is in the 006, 007 or 009 121.1 First-Class Mail forty-eight states. The Postal Service is 3-digit ZIP Code areas of the territory of proposing to revise the Standard Mail 121.2 Periodicals 121.3 Standard Mail Puerto Rico and the delivery address is and Package Services service standards in the contiguous 48 states; for pieces that originate or destinate 121.4 Package Services Appendix A to Part 121—Tables Depicting (4) The origin SCF is in the state of outside the contiguous forty-eight states, Service Standard Day Ranges Hawaii and the delivery address is in to more accurately reflect the service the territory of Guam; the origin is in the § 121.1 First-Class Mail. that such pieces receive. The Postal territory of Guam and the delivery Service is proposing to extend Standard (a) For all intra-Sectional Center address is in the state of Hawaii; Mail’s maximum delivery period from Facility (SCF) domestic Presort First- ® (5) Both the origin SCF and the the current twenty-two days to a Class Mail pieces properly accepted at delivery address are within the state of proposed twenty-seven days. In the the designated SCF prior to the Alaska; or Standard Mail business rules, the end- established and published Critical Entry (6) The origin and delivery address to-end nine- to twenty-two-day rule Time, the service standard is 1-day are separately in the territories of Puerto would be revised to twelve to twenty- (overnight), except for mail between Rico and the U.S. Virgin Islands. seven days, and the destination-entry Puerto Rico and the U.S. Virgin Islands (d) A 4-day service standard is nine- to twelve-day rule would be and intra-SCF mail originating and established for all remaining First-Class revised to twelve to fourteen days. destinating in the following 3-digit ZIP Mail pieces properly accepted before the The Postal Service is proposing to Code areas in Alaska or designated day-zero Critical Entry Time at origin, if extend Package Services’ maximum portions thereof: 995 (5-digit ZIP Codes either a 1-day, 2-day, or 3-day service delivery period from the current twenty 99540 through 99599), 996, 997, 998 standard is not required, and if: days to a proposed twenty-six days. In and 999. For all intra-SCF domestic (1) The origin SCF is in the the Package Services business rules, the Presort First Class Mail five-digit or contiguous 48 states and the delivery schemed container mail properly address is in either of the following: any 22 This rule applies only to mail originating or accepted at the designated SCF prior to portion of the state of Alaska not in the destinating outside the contiguous forty-eight states. 23 In addition, the exception that the current two- the established and published Critical 995 3-digit ZIP Code area; or any day business rule has to exclude from overnight Entry Time, the service standard is 1- portion of the state of Hawaii not in the service some mail outside of the contiguous forty- day (overnight), except for mail between 968 3-digit ZIP Code area; or the eight states will be expanded in the proposed two- Puerto Rico and the U.S. Virgin Islands territory of the U.S. Virgin Islands. day business rule to include the Alaska 5-digit ZIP (2) The delivery address is in the Codes 99592 to 99599. These ZIP Codes are and intra-SCF mail originating and currently unassigned, but they may be assigned in destinating in the following 3-digit ZIP contiguous 48 states and the origin is in the future. Code areas in Alaska or designated either of the following: the state of

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Alaska, the state of Hawaii, or the F and SCF are in the same building, the Virgin Islands, and intra SCF mail in the territory of the U.S. Virgin Islands; or service standard is 2 days, except for following 3-digit ZIP Code areas in the (3) The origin and delivery address mail between the territories of Puerto state of Alaska or designated portions are in different states or territories, Rico and the U.S. Virgin Islands, and thereof: 995 (5-digit ZIP Code areas excluding mail to and from the territory mail originating or destinating in the 99540 through 99599), 996, 997, 998 of Guam and mail between the following 3-digit ZIP Code areas within and 999. territories of Puerto Rico and the U.S. the state of Alaska or designated (2) Periodicals that qualify for a Virgin Islands. portions thereof: 995 (5-digit ZIP Code Destination Area Distribution Center (e) A 5-day service standard is areas 99540 through 99599), 996, 997, (DADC) rate, and that are accepted established for all remaining domestic 998, and 999. before the day zero Critical Entry Time First-Class Mail pieces properly (3) The Periodicals service standard is at the proper DADC, unless the ADC is accepted before the day-zero Critical the sum of the applicable (2-to-3-day) located with the contiguous 48 states Entry Time at origin, if those pieces First-Class Mail service standard plus and the destination is not, and where originate in the territory of Guam but are one day, for each 3-digit ZIP Code the DADC and DSCF are not the same not destined for Guam or the state of origin-destination pair for which building, have a 2-day service standard, Hawaii, or if those pieces originate other Periodicals are accepted before the day unless the destination is the Alaska 997 than in Guam or Hawaii and are zero Critical Entry Time at origin and 3-digit ZIP Code area. Mail that qualifies destined for Guam. merged with First-Class Mail pieces for for a Destination Sectional Center (f) The service standard for Outbound surface transportation (as defined by the Facility (DSCF) rate has a 2-day service Single-Piece First-Class Mail Periodicals Origin Split and First-Class standard, if it is accepted before the day- InternationalTM pieces properly Mail mixed Area Distribution Center/ zero Critical Entry Time, and the mail accepted before the day-zero Critical Automated Area Distribution Center is dropped at the SCF in the territory of Entry Time at origin is equivalent to the (ADC/AADC) Domestic Mail Manual Puerto Rico and is destined for the service standard for domestic First-Class label list L201). territory of the U.S. Virgin Islands; or if Mail from the same origin 3-digit ZIP (4) The Periodicals service standard the mail is intra-SCF in the following Code to the 3-digit ZIP Code area in for mail between the territories of Puerto 3-digit ZIP Code areas of the state of which that origin’s designated Rico and the U.S. Virgin Islands is 3 Alaska: 996, 998 and 999. Periodicals International Service Center is located. days. that qualify for a DADC rate, and that (g) The service standard for Inbound (5) The Periodicals service standard are accepted before the day zero Critical Single-Piece First-Class Mail for mail between the state of Hawaii and Entry Time at the Alaska 997 DADC International is equivalent to the service the territory of Guam is 4 days. have a 3-day service standard. standard for domestic First-Class Mail (6) The Periodicals service standard (3) Periodicals that qualify for a pieces from the 3-digit ZIP Code area in for intra-Alaska mail that is not Destination Network Distribution Center which that inbound mail’s designated overnight is 3 to 4 days for the following containerized rate, that are accepted International Service Center is located 3-digit ZIP Code areas or designated before the day-zero Critical Entry Time to the 3-digit ZIP Code of the delivery portions thereof: 995 (5-digit ZIP Code at the proper destination NDC in the address. areas 99540 through 99599), 996, 997, contiguous 48 states, and that are 998, and 999. addressed for delivery in the contiguous § 121.2 Periodicals. (7) The Periodicals service standard 48 states, have a service standard of 1 (a) End-to-End. (1) For all intra- for each remaining 3-digit ZIP Code or 2 days, corresponding to the standard Sectional Center Facility (SCF) domestic origin-destination pair within the for mail qualifying for the destination Presort pieces properly accepted at the contiguous 48 states, for which ADC rate, based on whether the designated SCF prior to the established Periodicals are accepted before the day destination ADC and SCF are the same and published Critical Entry Time, the zero Critical Entry Time at origin, is the building. service standard is 1-day (overnight), sum of 4 or 5 days, plus the number of (4) Periodicals that qualify for a except for mail between Puerto Rico and additional days (from 1 to 4) required Destination Area Distribution Center the U.S. Virgin Islands and intra-SCF for surface transportation between each (DADC) rate and that are accepted mail originating and destinating in the 3-digit ZIP Code origin-destination pair. before the day zero Critical Entry Time following 3-digit ZIP Code areas in (8) The Periodicals service standard at the proper DADC in the contiguous Alaska or designated portions thereof: for each remaining 3-digit ZIP Code 48 states for delivery to addresses in the 995 (5-digit ZIP Codes 99540 through origin-destination pair, for which state of Alaska have a service standard 99599), 996, 997, 998 and 999. For all Periodicals are accepted before the day of 11 days. intra-Sectional Center Facility (SCF) zero Critical Entry Time at origin, is the (5) Periodicals that qualify for a domestic Presort five-digit or schemed sum of 4 or 5 days, plus the number of Destination Network Distribution Center container mail properly accepted at the additional days (from 7 to 21) required containerized rate, that are accepted designated SCF prior to the established for intermodal (highway, boat, air-taxi) before the day-zero Critical Entry Time and published Critical Entry Time, the transportation outside of the contiguous at the proper destination NDC in the service standard is 1-day (overnight), 48 states for each 3-digit ZIP Code contiguous 48 states, and that are except for mail between Puerto Rico and origin-destination pair. addressed for delivery in the states of the U.S. Virgin Islands and intra-SCF (b) Destination Entry. (1) Periodicals Alaska or Hawaii, or the territories of mail originating and destinating in the that qualify for a Destination Delivery Guam, Puerto Rico, or the U.S. Virgin following 3-digit ZIP Code areas in Unit (DDU) or Destination Sectional Islands, have a service standard of 8 to Alaska or designated portions thereof: Center Facility (DSCF) rate, and that are 11 days, corresponding to the standard 995 (5-digit ZIP Codes 99540 through accepted before the day-zero Critical for mail qualifying for the destination 99599), 996, 997, 998 and 999. Entry Time at the proper DDU or DSCF, ADC rate, which is based on the number (2) For all SCF turnaround Periodicals have a 1-day (overnight) service of days required for transportation properly accepted before the established standard, except for mail dropped at the outside of the contiguous 48 states and and published day-zero Critical Entry SCF in the territory of Puerto Rico and whether the destination ADC and SCF Time at origin, where the origin P&DC/ destined for the territory of the U.S. are the same building.

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§ 121.3 Standard Mail. Puerto Rico and destined for the applies to all remaining intra-Alaska (a) End-to-End. (1) The service territory of the U.S. Virgin Islands. mail and mail between the state of standard for Sectional Center Facility (3) Standard Mail pieces that qualify Hawaii and the territory of Guam. (SCF) turnaround Standard Mail® pieces for a Destination Sectional Center (4) For each remaining 3-digit ZIP accepted at origin before the day zero Facility (DSCF) rate, and that are Code origin-destination pair within the Critical Entry Time is 3 days when the accepted before the day zero Critical contiguous 48 states, the service origin Processing & Distribution Center/ Entry Time at the SCF in the territory standard for Package Services mail Facility (OPD&C/F) and the SCF are the of Puerto Rico, have a 4-day service accepted at origin before the day zero same building, except for mail between standard if destined for the territory of Critical Entry Time is between 5 and 8 the territories of Puerto Rico and the the U.S. Virgin Islands. days. For each such 3-digit ZIP Code U.S. Virgin Islands. (4) Standard Mail pieces that qualify origin-destination pair, this is the sum (2) The service standard for Area for a Destination Network Distribution of 4 days, plus the number of additional Distribution Center (ADC) turnaround Center (DNDC) rate, and that are days (from 1 to 4) required for surface Standard Mail pieces accepted at origin accepted before the day zero Critical transportation between each 3-digit ZIP before the day zero Critical Entry Time Entry Time at the proper DNDC have a Code origin-destination pair, plus an is 4 days when the OPD&C/F and the 5-day service standard, if both the origin additional day if the destination ADC are the same building, unless the and the destination are in the delivery address is served by an ADC is in the contiguous 48 states and contiguous 48 states. Auxiliary Service Facility. (5) Standard Mail pieces that qualify (5) For each remaining 3-digit ZIP the delivery address is not, or when the for a Destination Network Distribution Code origin-destination pair for which mail is between the territories of Puerto Center (DNDC) rate, and that are either the origin or the destination is Rico and the U.S. Virgin Islands. accepted before the day zero Critical outside of the contiguous 48 states, the (3) The service standard for intra- Entry Time at the proper DNDC in the service standard for Package Services Network Distribution Center (NDC) contiguous 48 states for delivery to mail accepted at origin before the day Standard Mail pieces accepted at origin addresses in the states of Alaska or zero Critical Entry Time is between 10 before the day zero Critical Entry Time Hawaii or the territories of Guam, and 26 days. For each such 3-digit ZIP is 5 days for each remaining 3-digit ZIP Puerto Rico, or the U.S. Virgin Islands, Code origin-destination pair, this Code origin-destination pair within the have a service standard of 12–14 days, represents the sum of 3 to 4 days, plus same Network Distribution Center depending on the 3-digit origin- the number of days (ranging from 7 to service area if the origin and destination destination ZIP Code pair. For each 22) required for intermodal (highway, are within the contiguous 48 states; the such pair, the applicable day within the boat, air-taxi) transportation between same standard applies to mail that is range is based on the number of days each 3-digit ZIP Code origin-destination intra-Alaska, intra-Hawaii, or between required for transportation outside of pair. the state of Hawaii and the territory of the contiguous 48 states. (6) The service standard for Inbound Guam. Surface Parcel Post® pieces (subject to (4) For each remaining 3-digit ZIP § 121.4 Package Services. Universal Postal Union rates) is the Code origin-destination pair within the (a) End-to-End. (1) The service same as the service standard for contiguous 48 states, the service standard for Sectional Center Facility domestic Package Services mail from standard for Standard Mail pieces (SCF) turnaround Package Services mail the 3-digit ZIP Code area in which the accepted at origin before the day zero accepted at the origin SCF before the International Network Distribution Critical Entry Time is the sum of 5 or day zero Critical Entry Time is 2 days Center is located to the 3-digit ZIP Code 6 days plus the number of additional when the origin Processing & in which the delivery address is located. days (from 1 to 4) required for surface Distribution Center/Facility and the SCF (b) Destination Entry. (1) Package transportation between each 3-digit ZIP are the same building, except for mail Services mail that qualifies for a Code origin-destination pair. between the territories of Puerto Rico Destination Delivery Unit (DDU) rate, (5) For each remaining 3-digit ZIP and the U.S. Virgin Islands. and that is accepted before the day zero Code origin-destination pair, the service (2) The service standard for intra- Critical Entry Time at the proper DDU, standard for Standard Mail pieces Network Distribution Center (NDC) has a 1-day (overnight) service standard. accepted at origin before the day zero Package Services mail accepted at origin (2) Package Services mail that Critical Entry Time is the sum of 5 or before the day zero Critical Entry Time qualifies for a Destination Sectional 6 days plus the number of additional is 3 days, for each remaining (non-intra- Center Facility (DSCF) rate, and that is days (from 7 to 21) required for SCF) 3-digit ZIP Code origin-destination accepted before the day zero Critical intermodal (highway, boat, air-taxi) pair within a Network Distribution Entry Time at the proper DSCF, has a transportation outside of the contiguous Center service area, where the origin 2-day service standard, except for mail 48 states for each 3-digit ZIP Code and destination is within the contiguous dropped at the SCF in the territory of origin-destination pair. 48 states and is not served by an Puerto Rico and destined for the (b) Destination Entry. (1) Standard Auxiliary Service Facility; and for mail territory of the U.S. Virgin Islands. Mail pieces that qualify for a between the territories of Puerto Rico (3) Package Services mail that Destination Delivery Unit (DDU) rate and the U.S. Virgin Islands. qualifies for a Destination Network and that are accepted before the day (3) The service standard for intra- Distribution Center (DNDC) rate, which zero Critical Entry Time at the proper Network Distribution Center (NDC) is accepted before the day zero Critical DDU have a 2-day service standard. Package Services mail accepted at origin Entry Time at the proper DNDC or (2) Standard Mail pieces that qualify before the day zero Critical Entry Time Destination Auxiliary Service Facility, for a Destination Sectional Center is 4 days for each remaining 3-digit ZIP and that originates and destinates in the Facility (DSCF) rate and that are Code origin-destination pair within a contiguous 48 states, has a 3-day service accepted before the day zero Critical Network Distribution Center service standard. Mail that qualifies for a Entry Time at the proper DSCF have a area, where the destination delivery Destination Sectional Center Facility 3-day service standard, except for mail address is served by an Auxiliary (DSCF) discount, and that is accepted dropped at the SCF in the territory of Service Facility; the same standard before the day zero Critical Entry Time

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at the SCF in the territory of Puerto is based on the number of days required TABLE 1—END-TO-END SERVICE Rico, has a 3-day service standard if it for transportation outside of the STANDARD DAY RANGES FOR MAIL is destined for the territory of the U.S. contiguous 48 states. ORIGINATING AND DESTINATING Virgin Islands. Appendix A to Part 121—Tables WITHIN THE CONTIGUOUS 48 (4) Package Services mail that Depicting Service Standard Day Ranges STATES AND THE DISTRICT OF CO- qualifies for a Destination Network LUMBIA Distribution Center (DNDC) rate, and The following tables reflect the that is accepted before the day zero service standard day ranges resulting Contiguous United States Critical Entry Time at the proper DNDC from the application of the business End-to- in the contiguous 48 states for delivery rules applicable to the market-dominant end to addresses in the states of Alaska or mail products referenced in §§ 121.1 Mail class range Hawaii, or the territories of Guam, through 121.4: (days) Puerto Rico, or the U.S. Virgin Islands has a service standard of either 11 or 12 First-Class Mail ...... 1–3 days, depending on the 3-digit ZIP Code Periodicals ...... 1–9 Standard Mail ...... 3–10 origin-destination pair. For each such Package Services ...... 2–8 pair, the applicable day within the range

TABLE 2—END-TO-END SERVICE STANDARD DAY RANGES FOR MAIL ORIGINATING AND/OR DESTINATING WITHIN THE STATES OF ALASKA AND HAWAII, AND THE TERRITORIES OF GUAM, PUERTO RICO AND THE U.S. VIRGIN ISLANDS

Alaska, Hawaii & Guam, Puerto Rico & USVI End-to-end To/from states of Alaska and Hawaii, and the Intra state/territory To/from contiguous 48 territories of Guam, Puer- Mail class states to Rico and the U.S. Virgin Islands Hawaii Puerto Hawaii Puerto Hawaii Puerto Alaska & Rico & Alaska & Rico & Alaska & Rico & Guam USVI Guam USVI Guam USVI

First-Class Mail...... 1–3 1–3 1–2 3–4 3–5 3–4 4–5 4–5 4–5 Periodicals ...... 1–4 1–4 1–3 13–19 12–22 11–16 21–25 21–26 23–26 Standard Mail...... *3–5 3–5 3–4 14–20 13–23 12–17 23–26 23–27 24–27 Package Services...... 2–4 2–4 2–3 12–18 11–21 10–15 21–26 20–26 20–24 * Excluding bypass mail.

TABLE 3—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE CONTIGUOUS 48 STATES AND THE DISTRICT OF COLUMBIA

Contiguous United States Destination entry (at appropriate facility) Mail class DDU SCF ADC NDC (days) (days) (days) (days)

Periodicals ...... 1 1 1–2 1–2 Standard Mail ...... 2 3 ...... 5 Package Services ...... 1 2 ...... 3

TABLE 4—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE STATES OF ALASKA AND HAWAII, AND THE TERRITORIES OF GUAM, PUERTO RICO AND THE U.S. VIRGIN ISLANDS

Alaska, Hawaii & Guam, Puerto Rico & USVI Destination entry (at appropriate facility) SCF (days) ADC (days) NDC (days) Mail class DDU Hawaii Puerto Puerto Hawaii Puerto (days) Alaska & Rico & Alaska Hawaii & Rico & Alaska & Rico & Guam USVIA Guam USVIA Guam USVIA

Periodicals ...... 1 1–2 1 1–2 1–3 (AK) 1 (HI) 2 1–2 10–11 10 8–10 11 (JNU) (GU) 11 (KTN) Standard Mail ...... 2 3 3 3–4 ...... 14 13 12

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TABLE 4—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE STATES OF ALASKA AND HAWAII, AND THE TERRITORIES OF GUAM, PUERTO RICO AND THE U.S. VIRGIN ISLANDS—Continued

Alaska, Hawaii & Guam, Puerto Rico & USVI Destination entry (at appropriate facility) SCF (days) ADC (days) NDC (days) Mail class DDU Hawaii Puerto Puerto Hawaii Puerto (days) Alaska & Rico & Alaska Hawaii & Rico & Alaska & Rico & Guam USVIA Guam USVIA Guam USVIA

Package Services...... 1 2 2 2–3 ...... 12 11 11 AK = Alaska 3-digit ZIP Codes 995–997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3- digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969.

Stanley F. Mires, 1. www.regulations.gov: Follow the that is placed in the public docket and Attorney, Legal Policy & Legislative Advice. on-line instructions for submitting made available on the Internet. If you [FR Doc. 2011–32009 Filed 12–14–11; 8:45 am] comments. submit an electronic comment, EPA BILLING CODE 7710–12–P 2. Email: [email protected]. recommends that you include your 3. Fax: (404) 562–9019. name and other contact information in 4. Mail: EPA–R04–OAR–2010–1036, the body of your comment and with any Regulatory Development Section, Air disk or CD–ROM you submit. If EPA ENVIRONMENTAL PROTECTION Planning Branch, Air, Pesticides and cannot read your comment due to AGENCY Toxics Management Division, U.S. technical difficulties and cannot contact Environmental Protection Agency, you for clarification, EPA may not be 40 CFR Part 52 Region 4, 61 Forsyth Street SW., able to consider your comment. Atlanta, Georgia 30303–8960. Electronic files should avoid the use of [EPA–R04–OAR–2010–1036–201161; FRL– 5. Hand Delivery or Courier: Ms. special characters, any form of 9507–1] Lynorae Benjamin, Chief, Regulatory encryption, and be free of any defects or Development Section, Air Planning viruses. For additional information Approval and Promulgation of Branch, Air, Pesticides and Toxics about EPA’s public docket visit the EPA Implementation Plans and Management Division, U.S. Docket Center homepage at http:// Designations of Areas for Air Quality Environmental Protection Agency, www.epa.gov/epahome/dockets.htm. Planning Purposes; Georgia; Atlanta; Region 4, 61 Forsyth Street SW., Docket: All documents in the Determination of Attainment by Atlanta, Georgia 30303–8960. Such electronic docket are listed in the Applicable Attainment Date for the deliveries are only accepted during the www.regulations.gov index. Although 1997 8-Hour Ozone Standards Regional Office’s normal hours of listed in the index, some information is operation. The Regional Office’s official not publicly available, i.e., CBI or other AGENCY: Environmental Protection hours of business are Monday through information whose disclosure is Agency (EPA). Friday, 8:30 to 4:30, excluding Federal restricted by statute. Certain other ACTION: Proposed rule. holidays. material, such as copyrighted material, Instructions: Direct your comments to is not placed on the Internet and will be SUMMARY: EPA is proposing to Docket ID No. ‘‘EPA–R04–OAR–2010– publicly available only in hard copy determine pursuant to the Clean Air Act 1036.’’ EPA’s policy is that all form. Publicly available docket (CAA), that the Atlanta, Georgia, ozone comments received will be included in materials are available either nonattainment area (hereafter referred to the public docket without change and electronically in www.regulations.gov or as ‘‘the Atlanta Area’’ or ‘‘the Area’’) has may be made available online at in hard copy at the Regulatory attained the 1997 8-hour ozone national www.regulations.gov, including any Development Section, Air Planning ambient air quality standards (NAAQS) personal information provided, unless Branch, Air, Pesticides and Toxics by its applicable attainment date of June the comment includes information Management Division, U.S. 15, 2011. A determination of attainment claimed to be Confidential Business Environmental Protection Agency, was made by EPA on June 23, 2011, Information (CBI) or other information Region 4, 61 Forsyth Street SW., based on quality-assured and certified whose disclosure is restricted by statute. Atlanta, Georgia 30303–8960. EPA monitoring data for the 2008–2010 Do not submit through requests that if at all possible, you monitoring period. EPA is now www.regulations.gov or email, contact the person listed in the FOR proposing to find that the Atlanta Area information that you consider to be CBI FURTHER INFORMATION CONTACT section to attained the 1997 8-hour ozone NAAQS or otherwise protected. The schedule your inspection. The Regional by its applicable attainment date. EPA www.regulations.gov Web site is an Office’s official hours of business are is proposing this action because it is ‘‘anonymous access’’ system, which Monday through Friday, 8:30 to 4:30, consistent with the CAA and its means EPA will not know your identity excluding Federal holidays. implementing regulations. or contact information unless you FOR FURTHER INFORMATION CONTACT: For DATES: Comments must be received on provide it in the body of your comment. information regarding this attainment or before January 17, 2012. If you send an email comment directly determination, contact Mr. Sean ADDRESSES: Submit your comments, to EPA without going through Lakeman, Regulatory Development identified by Docket ID No. EPA–R04– www.regulations.gov, your email Section, Air Planning Branch, Air, OAR–2010–1036, by one of the address will be automatically captured Pesticides and Toxics Management following methods: and included as part of the comment Division, U.S. Environmental Protection

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Agency, Region 4, 61 Forsyth Street submit an attainment demonstration follows: ‘‘As expeditiously as SW., Atlanta, Georgia 30303–8960. and associated reasonably available practicable after the applicable Telephone number: (404) 562–9043; control measures (RACM), a reasonable attainment date for any nonattainment email address: [email protected]. further progress (RFP) plan, contingency area, but not later than 6 months after For information regarding 8-hour ozone measures, and other planning State such date, the Administrator shall NAAQS, contact Ms. Jane Spann, Implementation Plan (SIP) revisions determine, based on the area’s air Regulatory Development Section, at the related to attainment of the 1997 8-hour quality as of the attainment date, same address above. Telephone number: ozone NAAQS so long as the Area whether the area attained the standard (404) 562–9029; email address: continues to attain the 1997 8-hour by that date.’’ [email protected]. ozone NAAQS. See 76 FR 36873. III. What is the air quality in the SUPPLEMENTARY INFORMATION: Today’s proposed action merely makes a determination that the Atlanta Area Atlanta area for the 1997 8-hour ozone I. What action is EPA taking? has attained the 1997 8-hour ozone NAAQS for the 2008–2010 monitoring II. What is the background for this action? NAAQS by its applicable attainment period? III. What is the air quality in the Atlanta area for the 1997 8-hour ozone NAAQS for date. This action is not a re-proposal of Under EPA’s regulations at 40 CFR the 2008–2010 monitoring period? the attainment determination to 50.10, the 1997 8-hour ozone NAAQS is IV. What is the proposed action and what is suspend the requirements for the met when the 3-year average of the the effect of this action? Atlanta Area to submit an attainment annual fourth highest daily maximum 8- V. Statutory and Executive Order Reviews demonstration and associated RACM, a hour average ambient air quality ozone RFP plan, contingency measures, and I. What action is EPA taking? concentrations, as determined in other planning SIP revisions related to accordance with 40 CFR part 50, Based on EPA’s review of the quality- attainment of the standard. More Appendix I, is less than or equal to 0.08 assured and certified monitoring data information regarding the 1997 8-hour parts per million (ppm) (i.e., 0.084 ppm for 2008–2010, and in accordance with ozone NAAQS and the Area’s when rounding is considered) in the section 179(c)(1) of the CAA and EPA’s attainment of that NAAQS is available subject area. regulations, EPA proposes to determine at 76 FR 36873 (June 23, 2011). that the Atlanta Area has attained the EPA reviewed the ambient air 1997 8-hour ozone NAAQS by the II. What is the background for this monitoring data for the Atlanta Area in applicable attainment date of June 15, action? accordance with the provisions of 40 2011.1 The Atlanta Area is comprised of As a nonattainment area for the 1997 CFR part 50, Appendix I. All data Barrow, Bartow, Carroll, Cherokee, 8-hour ozone NAAQS, the Atlanta Area considered have been quality-assured, Clayton, Cobb, Coweta, Dekalb, Douglas, had an applicable attainment date of certified, and recorded in EPA’s Air Fayette, Forsyth, Fulton, Gwinnett, Hall, June 15, 2011 (based on 2008–2010 Quality System database. This review Henry, Newton, Paulding, Rockdale, monitoring data). Pursuant to section addresses air quality data collected in Spalding and Walton Counties in 179(c) of the CAA, EPA is required to the 3-year period from 2008–2010. The Georgia. On June 23, 2011, EPA make a determination on whether the 3-year period from 2008–2010 is the published a final rulemaking making a Area attained the standard by its period EPA must consider for areas that determination of attainment to suspend applicable attainment date. Specifically, had an applicable attainment date of the requirements for the Atlanta Area to section 179(c)(1) of the CAA reads as June 15, 2011.

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR OZONE NAAQS

2008–2010 Location AQS site ID 2008 2009 2010 Design value (ppm) (ppm) (ppm) (ppm)

Cobb County ...... GA NATIONAL GUARD, MCCOLLUM PARK- 0.075 0.076 0.079 0.076 WAY (13–067–0003). Coweta County ...... UNIVERSITY OF W. GA AT NEWNAN (13– 0.075 0.065 0.065 0.068 077–0002). Dawson County...... DAWSONVILLE, GA, FORESTRY COMMIS- 0.075 0.067 0.073 0.071 SION (13–085–0001). Dekalb County ...... 2390–B Wildcat Road, Decatur, GA (13–089– 0.087 0.077 0.075 0.079 0002). Douglas County ...... DOUGLASVILLE, W. STRICKLAND ST. (13– 0.080 0.072 0.074 0.075 097–0004). Fulton County ...... CONFEDERATE AVE. (13–121–0055) ...... 0.084 0.077 0.080 0.080 Gwinnett County ...... GWINNETT TECH, 1250 ATKINSON RD (13– 0.079 0.073 0.072 0.074 135–0002). Henry County ...... HENRY COUNTY EXTENSION OFFICE (13– 0.086 0.074 0.078 0.079 151–0002). Paulding County ...... YORKVILLE (13–223–0003) ...... 0.072 0.067 0.071 0.070 Rockdale County ...... CONYERS MONASTERY, 3780 GA HWY 212 0.089 0.070 0.076 0.078 (13–247–0001).

1 Effective June 15, 2004, EPA designated the hour ozone NAAQS. Moderate areas for the 1997 8- final action to extend the applicable attainment date Atlanta Area as a marginal area under the 1997 8- hour ozone NAAQS had an applicable attainment for the Atlanta Area to June 15, 2011. See 75 FR hour ozone NAAQS. Subsequently, EPA took action date of June 15, 2010, unless the Area qualified for 73969 for more information. to reclassify the area to moderate for the 1997 8- an extension. On November 30, 2010, EPA took

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As shown above in Table 1, during • Does not have Federalism ACTION: Proposed rule. the 2008–2010 design period, the implications as specified in Executive Atlanta Area met the 1997 8-hour ozone Order 13132 (64 FR 43255, August 10, SUMMARY: EPA is proposing to approve NAAQS. The official annual design 1999); in part, and to conditionally approve or value for the Atlanta Area for the 2008– • Is not an economically significant disapprove in part, the State 2010 period is 0.080 ppm. More detailed regulatory action based on health or Implementation Plan (SIP), submitted information on the monitoring data for safety risks subject to Executive Order by the State of North Carolina, through the Atlanta Area during the 2008–2010 13045 (62 FR 19885, April 23, 1997); the Department of Environment and design period is provided in EPA’s June • Is not a significant regulatory action Natural Resources (NC DENR), Division 23, 2011, final rulemaking to approve subject to Executive Order 13211 (66 FR of Air Quality (DAQ), to demonstrate the clean data determination for the 28355, May 22, 2001); that the State meets the requirements of Atlanta Area for the 1997 8-hour ozone • Is not subject to requirements of sections 110(a)(1) and (2) of the Clean NAAQS. See 76 FR 36873. Section 12(d) of the National Air Act (CAA or Act) for the 1997 Technology Transfer and Advancement 8-hour ozone national ambient air IV. What is the proposed action and quality standards (NAAQS). Section what is the effect of this action? Act of 1995 (15 U.S.C. 272 note) because application of those requirements would 110(a) of the CAA requires that each This action is a proposed be inconsistent with the CAA; and state adopt and submit a SIP for the determination that the Atlanta Area has • Does not provide EPA with the implementation, maintenance and attained the 1997 8-hour ozone NAAQS discretionary authority to address, as enforcement of each NAAQS by its applicable attainment date of June appropriate, disproportionate human promulgated by the EPA, which is 15, 2011, consistent with the CAA health or environmental effects, using commonly referred to as an section 179(c)(1). Finalizing this practicable and legally permissible ‘‘infrastructure’’ SIP. DAQ certified that proposed action would not constitute a methods, under Executive Order 12898 the North Carolina SIP contains redesignation of the Atlanta Area to (59 FR 7629, February 16, 1994). provisions that ensure the 1997 8-hour attainment of 1997 8-hour ozone In addition, this proposed ozone NAAQS are implemented, NAAQS under section 107(d)(3) of the determination that the Atlanta Area enforced, and maintained in North CAA. Further, finalizing this proposed attained the 1997 8-hour ozone NAAQS Carolina (hereafter referred to as action does not involve approving a by its applicable attainment date does ‘‘infrastructure submission’’). With the maintenance plan for the Atlanta Area not have tribal implications as specified exception of sub-element as required under section 175A of the by Executive Order 13175 (65 FR 67249, 110(a)(2)(E)(ii), EPA is proposing to CAA, nor would it find that the Atlanta November 9, 2000), because the SIPs are determine that North Carolina’s Area has met all other requirements for not approved to apply in Indian country infrastructure submission, provided to redesignation. Even if EPA finalizes located in the states, and EPA notes that EPA on December 12, 2007, and today’s proposed action, the designation it will not impose substantial direct clarified in a subsequent submission status of the Atlanta Area would remain costs on tribal governments or preempt submitted on June 20, 2008, addressed nonattainment for the 1997 8-hour tribal law. the required infrastructure elements for ozone NAAQS until such time as EPA the 1997 8-hour ozone NAAQS. List of Subjects in 40 CFR Part 52 determines that the Area meets the CAA DATES: Written comments must be requirements for redesignation to Environmental protection, Air received on or before January 17, 2012. attainment and takes action to pollution control, Incorporation by ADDRESSES: Submit your comments, redesignate the Area. reference, Intergovernmental relations, identified by Docket ID No. EPA–R04– V. Statutory and Executive Order Nitrogen dioxide, Ozone, Particulate OAR–2011–0352, by one of the Reviews matter, Reporting and recordkeeping following methods: requirements, Sulfur oxides, Volatile 1. http://www.regulations.gov: Follow This action proposes to make a organic compounds. determination of attainment based on the on-line instructions for submitting air quality, and would not impose Dated: December 8, 2011. comments. additional requirements beyond those A. Stanley Meiburg, 2. Email: [email protected]. imposed by state law. For that reason, Acting Regional Administrator, Region 4. 3. Fax: (404) 562–9140. this proposed action: [FR Doc. 2011–32178 Filed 12–14–11; 8:45 am] 4. Mail: ‘‘EPA–R04–OAR–2011– • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P 0352,’’ Regulatory Development Section, action’’ subject to review by the Office Air Planning Branch, Air, Pesticides and of Management and Budget under Toxics Management Division, U.S. Executive Order 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION Environmental Protection Agency, October 4, 1993); AGENCY Region 4, 61 Forsyth Street SW., • Does not impose an information Atlanta, Georgia 30303–8960. collection burden under the provisions 40 CFR Part 52 5. Hand Delivery or Courier: Lynorae of the Paperwork Reduction Act (44 Benjamin, Regulatory Development [EPA–R04–OAR–2011–0352–201120; FRL– Section, Air Planning Branch, Air, U.S.C. 3501 et seq.); 9507–4] • Is certified as not having a Pesticides and Toxics Management significant economic impact on a Approval and Promulgation of Division, U.S. Environmental Protection substantial number of small entities Implementation Plans; North Carolina; Agency, Region 4, 61 Forsyth Street under the Regulatory Flexibility Act 110(a)(1) and (2) Infrastructure SW., Atlanta, Georgia 30303–8960. Such (5 U.S.C. 601 et seq.); deliveries are only accepted during the • Requirements for the 1997 8-Hour Does not contain any unfunded Ozone National Ambient Air Quality Regional Office’s normal hours of mandate or significantly or uniquely Standards operation. The Regional Office’s official affect small governments, as described hours of business are Monday through in the Unfunded Mandates Reform Act AGENCY: Environmental Protection Friday, 8:30 to 4:30, excluding federal of 1995 (Pub. L. 104–4); Agency (EPA). holidays.

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Instructions: Direct your comments to Office’s official hours of business are December 15, 2007. Subsequently, EPA Docket ID No. EPA–R04–OAR–2011– Monday through Friday, 8:30 to 4:30, received an extension of the date to 0352. EPA’s policy is that all comments excluding federal holidays. complete this Federal Register notice received will be included in the public FOR FURTHER INFORMATION CONTACT: until March 17, 2008, based upon docket without change and may be Nacosta C. Ward, Regulatory agreement to make the findings with made available online at http:// Development Section, Air Planning respect to submissions made by January www.regulations.gov, including any Branch, Air, Pesticides and Toxics 7, 2008. In accordance with the consent personal information provided, unless Management Division, U.S. decree, EPA made completeness the comment includes information Environmental Protection Agency, findings for each state based upon what claimed to be Confidential Business Region 4, 61 Forsyth Street SW., the Agency received from each state as Information (CBI) or other information Atlanta, Georgia 30303–8960. The of January 7, 2008. whose disclosure is restricted by statute. telephone number is (404) 562–9140. On March 27, 2008, EPA published a Do not submit through http:// Ms. Ward can be reached via electronic final rulemaking entitled, www.regulations.gov or email, mail at [email protected]. ‘‘Completeness Findings for Section information that you consider to be CBI 110(a) State Implementation Plans; 8- Table of Contents or otherwise protected. The http:// Hour Ozone NAAQS,’’ making a finding www.regulations.gov Web site is an I. Background that each state had submitted or failed ‘‘anonymous access’’ system, which II. What elements are required under sections to submit a complete SIP that provided means EPA will not know your identity 110(a)(1) and (2)? the basic program elements of section III. Scope of Infrastructure SIPs or contact information unless you 110(a)(2) necessary to implement the IV. What is EPA’s analysis of how North 1997 8-hour ozone NAAQS. See 73 FR provide it in the body of your comment. Carolina addressed the elements of If you send an email comment directly sections 110(a)(1) and (2) 16205. For those states that did receive to EPA without going through http:// ‘‘infrastructure’’ provisions? findings, such as North Carolina, the www.regulations.gov, your email V. Proposed Action findings of failure to submit for all or a address will be automatically captured VI. Statutory and Executive Order Reviews portion of a state’s implementation plan established a 24-month deadline for and included as part of the comment I. Background that is placed in the public docket and EPA to promulgate a Federal made available on the Internet. If you On July 18, 1997, EPA promulgated a Implementation Plan (FIP) to address submit an electronic comment, EPA new NAAQS for ozone based on 8-hour the outstanding SIP elements unless, recommends that you include your average concentrations. The 8-hour prior to that time, the affected states name and other contact information in averaging period replaced the previous submitted, and EPA approved, the 1-hour averaging period, and the level of the body of your comment and with any required SIPs. However, the findings of the NAAQS was changed from 0.12 disk or CD–ROM you submit. If EPA failure to submit did not impose parts per million (ppm) to 0.08 ppm. cannot read your comment due to sanctions or set deadlines for imposing See 62 FR 38856. Pursuant to section technical difficulties and cannot contact sanctions as described in section 179 of 110(a)(1) of the CAA, states are required you for clarification, EPA may not be the CAA, because these findings do not to submit SIPs meeting the requirements able to consider your comment. pertain to the elements contained in the of section 110(a)(2) within three years Electronic files should avoid the use of Title I part D plan for nonattainment after promulgation of a new or revised special characters, any form of areas as required under section NAAQS. Sections 110(a)(2) require 110(a)(2)(I). Additionally, the findings encryption, and be free of any defects or states to address basic SIP requirements, of failure to submit for the infrastructure viruses. For additional information including emissions inventories, submittals are not a SIP call pursuant to about EPA’s public docket visit the EPA monitoring, and modeling to assure section 110(k)(5). Docket Center homepage at http:// attainment and maintenance of the The finding that all or portions of a www.epa.gov/epahome/dockets.htm. NAAQS. States were required to submit state’s submission are complete Docket: All documents in the such SIPs for the 1997 8-hour ozone established a 12-month deadline for electronic docket are listed in the NAAQS to EPA no later than June 2000. EPA to take action upon the complete http://www.regulations.gov index. However, intervening litigation over the SIP elements in accordance with section Although listed in the index, some 1997 8-hour ozone NAAQS created 110(k). North Carolina’s infrastructure information is not publicly available, uncertainty about how to proceed and submission was received by EPA on i.e., CBI or other information whose many states did not provide the December 12, 2007, and was determined disclosure is restricted by statute. required ‘‘infrastructure’’ SIP to be complete on March 27, 2008, for Certain other material, such as submission for these newly promulgated all elements with the exception of copyrighted material, is not placed on NAAQS. 110(a)(2)(C) and (J). Specifically, the Internet and will be publicly On March 4, 2004, Earthjustice 110(a)(2)(C) and (J) relate to a SIP available only in hard copy form. submitted a notice of intent to sue addressing changes to its part C Publicly available docket materials are related to EPA’s failure to issue findings prevention of significant deterioration available either electronically in http:// of failure to submit related to the (PSD) permit program required by the www.regulations.gov or in hard copy at ‘‘infrastructure’’ requirements for the November 29, 2005, final rule (See 70 the Regulatory Development Section, 1997 8-hour ozone NAAQS. EPA FR 71612, 71699) that made nitrogen Air Planning Branch, Air, Pesticides and entered into a consent decree with oxides (NOX) a precursor for ozone in 40 Toxics Management Division, U.S. Earthjustice which required EPA, among CFR 51.166 and 40 CFR 52.21. North Environmental Protection Agency, other things, to complete a Federal Carolina was among other states that Region 4, 61 Forsyth Street SW., Register notice announcing EPA’s received a finding of failure to submit Atlanta, Georgia 30303–8960. EPA determinations pursuant to section because its infrastructure submission requests that if at all possible, you 110(k)(1)(B) as to whether each state had was not complete for elements (C) and contact the person listed in the FOR made complete submissions to meet the (J) for the 1997 8-hour ozone NAAQS by FURTHER INFORMATION CONTACT section to requirements of section 110(a)(2) for the March 1, 2008. The finding of failure to schedule your inspection. The Regional 1997 8-hour ozone NAAQS by submit action triggered a 24-month

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clock for EPA to either issue a FIP or are listed below 1 and in EPA’s October III. Scope of Infrastructure SIPs take final action on a SIP revision which 2, 2007, memorandum entitled corrects the deficiency for which the ‘‘Guidance on SIP Elements Required EPA is currently acting upon SIPs that finding of failure to submit was Under Section 110(a)(1) and (2) for the address the infrastructure requirements received. 1997 8-Hour Ozone and PM2.5 National of CAA section 110(a)(1) and (2) for On June 20, 2008, DAQ submitted a Ambient Air Quality Standards.’’ ozone and PM2.5 NAAQS for various SIP revision to EPA for federal approval • 110(a)(2)(A): Emission limits and states across the country. Commenters which includes revisions to rules North other control measures. on EPA’s recent proposals for some Carolina’s Air Pollution Control • 110(a)(2)(B): Ambient air quality states raised concerns about EPA Requirements (NCAC) 02D.0530 and monitoring/data system. statements that it was not addressing .0531 that address the infrastructure • 110(a)(2)(C): Program for certain substantive issues in the context requirements (C) and (J). On August 10, enforcement of control measures.2 of acting on those infrastructure SIP 2011, EPA finalized approval of North • 110(a)(2)(D): Interstate transport.3 submissions.5 Those Commenters • 110(a)(2)(E): Adequate resources. specifically raised concerns involving Carolina’s June 20, 2008, SIP revision. • See 76 FR 49313. With the exception of 110(a)(2)(F): Stationary source provisions in existing SIPs and with element 110(a)(2)(E)(ii), today’s action is monitoring system. EPA’s statements in other proposals that • 110(a)(2)(G): Emergency power. proposing to approve North Carolina’s • it would address two issues separately 110(a)(2)(H): Future SIP revisions. and not as part of actions on the infrastructure submission for which • 110(a)(2)(I): Areas designated infrastructure SIP submissions: (i) EPA made the completeness nonattainment and meet the applicable Existing provisions related to excess determination and finding of failure to requirements of part D.4 submit on March 27, 2008. This action • 110(a)(2)(J): Consultation with emissions during periods of start-up, is not approving any specific rule, but government officials; public shutdown, or malfunction at sources, rather proposing that North Carolina’s notification; and PSD and visibility that may be contrary to the CAA and already approved SIP meets certain protection. EPA’s policies addressing such excess CAA requirements. • 110(a)(2)(K): Air quality modeling/ emissions (‘‘SSM’’); and (ii) existing provisions related to ‘‘director’s II. What elements are required under data. • variance’’ or ‘‘director’s discretion’’ that Sections 110(a)(1) and (2)? 110(a)(2)(L): Permitting fees. • 110(a)(2)(M): Consultation/ purport to permit revisions to SIP Section 110(a) of the CAA requires participation by affected local entities. approved emissions limits with limited states to submit SIPs to provide for the public process or without requiring implementation, maintenance, and 1 Two elements identified in section 110(a)(2) are further approval by EPA, that may be enforcement of a new or revised not governed by the three year submission deadline contrary to the CAA (‘‘director’s NAAQS within three years following of section 110(a)(1) because SIPs incorporating discretion’’). EPA notes that there are the promulgation of such NAAQS, or necessary local nonattainment area controls are not due within three years after promulgation of a new two other substantive issues for which within such shorter period as EPA may or revised NAAQS, but rather due at the time the EPA likewise stated in other proposals prescribe. Section 110(a) imposes the nonattainment area plan requirements are due that it would address the issues obligation upon states to make a SIP pursuant to section 172. These requirements are: (1) separately: (i) Existing provisions for submission to EPA for a new or revised Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as minor source new source review NAAQS, but the contents of that required in part D Title I of the CAA; and, (2) programs that may be inconsistent with submission may vary depending upon submissions required by section 110(a)(2)(I) which the requirements of the CAA and EPA’s the facts and circumstances. In pertain to the nonattainment planning requirements regulations that pertain to such particular, the data and analytical tools of part D, Title I of the CAA. Today’s proposed rulemaking does not address infrastructure programs (‘‘minor source NSR [New available at the time the state develops elements related to section 110(a)(2)(I) or the Source Review]’’); and (ii) existing and submits the SIP for a new or revised nonattainment planning requirements of provisions for PSD programs that may NAAQS affects the content of the 110(a)(2)(C). 2 This rulemaking only addresses requirements be inconsistent with current submission. The contents of such SIP requirements of EPA’s ‘‘Final NSR submissions may also vary depending for this element as they relate to attainment areas. 3 Today’s proposed rule does not address element Improvement Rule,’’ 67 FR 80186 upon what provisions the state’s 110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- (December 31, 2002), as amended by 72 existing SIP already contains. In the hour ozone NAAQS. Interstate transport FR 32526 (June 13, 2007) (‘‘NSR requirements were formerly addressed by North case of the 1997 8-hour ozone NAAQS, Reform’’). In light of the comments, EPA states typically have met the basic Carolina consistent with the Clean Air Interstate Rule (CAIR). On December 23, 2008, CAIR was believes that its statements in various program elements required in section remanded by the DC Circuit Court of Appeals, proposed actions on infrastructure SIPs 110(a)(2) through earlier SIP without vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this with respect to these four individual submissions in connection with issues should be explained in greater previous ozone NAAQS. remand, EPA took final action to approve North Carolina’s SIP revision, which was submitted to depth. It is important to emphasize that More specifically, section 110(a)(1) comply with CAIR. See 72 FR 56914 (October 5, EPA is taking the same position with provides the procedural and timing 2007). In so doing, North Carolina’s CAIR SIP respect to these four substantive issues requirements for SIPs. Section 110(a)(2) revision addressed the interstate transport in this action on the infrastructure SIPs lists specific elements that states must provisions in section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response to the remand for the 1997 8-hour ozone NAAQS from meet for ‘‘infrastructure’’ SIP of CAIR, EPA has promulgated a new rule to North Carolina. requirements related to a newly address the interstate transport. See 76 FR 48208 established or revised NAAQS. As (August 8, 2011). EPA’s action on element 110(a)(2)(D)(i) will be addressed in a separate 5 See Comments of Midwest Environmental mentioned above, these requirements action. Defense Center, dated May 31, 2011. Docket # include SIP infrastructure elements 4 This requirement was inadvertently omitted EPA–R05–OAR–2007–1179 (adverse comments on such as modeling, monitoring, and from EPA’s October 2, 2007, memorandum entitled proposals for three states in Region 5). EPA notes emissions inventories that are designed ‘‘Guidance on SIP Elements Required Under that these public comments on another proposal are to assure attainment and maintenance of Section 110(a)(1) and (2) for the 1997 8-Hour Ozone not relevant to this rulemaking and do not have to and PM2.5 National Ambient Air Quality be directly addressed in this rulemaking. EPA will the NAAQS. The requirements that are Standards,’’ but as mentioned above is not relevant respond to these comments in the appropriate the subject of this proposed rulemaking to today’s proposed rulemaking. rulemaking action to which they apply.

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EPA intended the statements in the submission with respect to any provisions.6 Some of the elements of other proposals concerning these four substantive issue that EPA considers to section 110(a)(2) are relatively issues merely to be informational, and be a required part of acting on such straightforward, but others clearly to provide general notice of the submissions under section 110(k) or require interpretation by EPA through potential existence of provisions within under section 110(c). Given the rulemaking, or recommendations the existing SIPs of some states that confusion evidently resulting from through guidance, in order to give might require future corrective action. EPA’s statements in those other specific meaning for a particular EPA did not want states, regulated proposals, however, we want to explain NAAQS.7 entities, or members of the public to be more fully the Agency’s reasons for Notwithstanding that section 110(a)(2) under the misconception that the concluding that these four potential provides that ‘‘each’’ SIP submission Agency’s approval of the infrastructure substantive issues in existing SIPs may must meet the list of requirements SIP submission of a given state should be addressed separately from actions on therein, EPA has long noted that this be interpreted as a re-approval of certain infrastructure SIP submissions. literal reading of the statute is internally types of provisions that might exist inconsistent, insofar as section The requirement for the SIP 110(a)(2)(I) pertains to nonattainment buried in the larger existing SIP for such submissions at issue arises out of CAA state. Thus, for example, EPA explicitly SIP requirements that could not be met section 110(a)(1). That provision noted that the Agency believes that on the schedule provided for these SIP requires that states must make a SIP 8 some states may have existing SIP submissions in section 110(a)(1). This submission ‘‘within 3 years (or such approved SSM provisions that are illustrates that EPA must determine shorter period as the Administrator may contrary to the CAA and EPA policy, which provisions of section 110(a)(2) prescribe) after the promulgation of a but that ‘‘in this rulemaking, EPA is not may be applicable for a given national primary ambient air quality proposing to approve or disapprove any infrastructure SIP submission. standard (or any revision thereof)’’ and existing state provisions with regard to Similarly, EPA has previously decided that these SIPs are to provide for the excess emissions during SSM of that it could take action on different ‘‘implementation, maintenance, and operations at facilities.’’ EPA further parts of the larger, general enforcement’’ of such NAAQS. Section explained, for informational purposes, ‘‘infrastructure SIP’’ for a given NAAQS that ‘‘EPA plans to address such State 110(a)(2) includes a list of specific without concurrent action on all regulations in the future.’’ EPA made elements that ‘‘[e]ach such plan’’ subsections, such as section similar statements, for similar reasons, submission must meet. EPA has 110(a)(2)(D)(i), because the Agency with respect to the director’s discretion, historically referred to these particular bifurcated the action on these latter minor source NSR, and NSR Reform submissions that states must make after ‘‘interstate transport’’ provisions within issues. EPA’s objective was to make the promulgation of a new or revised section 110(a)(2) and worked with states clear that approval of an infrastructure NAAQS as ‘‘infrastructure SIPs.’’ This to address each of the four prongs of specific term does not appear in the section 110(a)(2)(D)(i) with substantive SIP for these ozone and PM2.5 NAAQS should not be construed as explicit or statute, but EPA uses the term to administrative actions proceeding on distinguish this particular type of SIP different tracks with different implicit re-approval of any existing 9 provisions that relate to these four submission designed to address basic schedules. This illustrates that EPA structural requirements of a SIP from substantive issues. EPA is reiterating 6 that position in this action on the other types of SIP submissions designed For example, section 110(a)(2)(E) provides that to address other different requirements, states must provide assurances that they have infrastructure SIP for North Carolina. adequate legal authority under state and local law such as ‘‘nonattainment SIP’’ Unfortunately, the Commenters and to carry out the SIP; section 110(a)(2)(C) provides submissions required to address the that states must have a substantive program to others evidently interpreted these nonattainment planning requirements of address certain sources as required by part C of the statements to mean that EPA considered part D, ‘‘regional haze SIP’’ submissions CAA; section 110(a)(2)(G) provides that states must action upon the SSM provisions and the have both legal authority to address emergencies required to address the visibility other three substantive issues to be and substantive contingency plans in the event of protection requirements of CAA section such an emergency. integral parts of acting on an 169A, new source review permitting 7 For example, section 110(a)(2)(D)(i) requires infrastructure SIP submission, and program submissions required to EPA to be sure that each state’s SIP contains therefore that EPA was merely adequate provisions to prevent significant address the requirements of part D, and postponing taking final action on the contribution to nonattainment of the NAAQS in a host of other specific types of SIP other states. This provision contains numerous issues in the context of the submissions that address other specific terms that require substantial rulemaking by EPA in infrastructure SIPs. This was not EPA’s matters. order to determine such basic points as what intention. To the contrary, EPA only constitutes significant contribution. See ‘‘Rule To meant to convey its awareness of the Although section 110(a)(1) addresses Reduce Interstate Transport of Fine Particulate the timing and general requirements for Matter and Ozone (Clean Air Interstate Rule); potential for certain types of Revisions to Acid Rain Program; Revisions to the deficiencies in existing SIPs, and to these infrastructure SIPs, and section NOX SIP Call; Final Rule,’’ 70 FR 25162 (May 12, prevent any misunderstanding that it 110(a)(2) provides more details 2005) (defining, among other things, the phrase was reapproving any such existing concerning the required contents of ‘‘contribute significantly to nonattainment’’). these infrastructure SIPs, EPA believes 8 See Id., 70 FR 25162, at 63–65 (May 12, 2005) provisions. EPA’s intention was to (explaining relationship between timing convey its position that the statute does that many of the specific statutory requirement of section 110(a)(2)(D) versus section not require that infrastructure SIPs provisions are facially ambiguous. In 110(a)(2)(I)). address these specific substantive issues particular, the list of required elements 9 EPA issued separate guidance to states with in existing SIPs and that these issues provided in section 110(a)(2) contains a respect to SIP submissions to meet section wide variety of disparate provisions, 110(a)(2)(D)(i) for the 1997 ozone and 1997 PM2.5 may be dealt with separately, outside NAAQS. See ‘‘Guidance for State Implementation the context of acting on the some of which pertain to required legal Plan (SIP) Submissions to Meet Current infrastructure SIP submission of a state. authority, some of which pertain to Outstanding Obligations Under Section To be clear, EPA did not mean to imply required substantive provisions, and 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 some of which pertain to requirements National Ambient Air Quality Standards,’’ from that it was not taking a full final agency William T. Harnett, Director Air Quality Policy action on the infrastructure SIP for both authority and substantive Continued

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may conclude that subdividing the purpose of the submission or the regional office to refine the scope of a applicable requirements of section NAAQS in question, would meet each State’s submittal based on an 110(a)(2) into separate SIP actions may of the requirements, or meet each of assessment of how the requirements of sometimes be appropriate for a given them in the same way. EPA elected to section 110(a)(2) should reasonably NAAQS where a specific substantive use guidance to make recommendations apply to the basic structure of the State’s action is necessitated, beyond a mere for infrastructure SIPs for these ozone implementation plans for the NAAQS in submission addressing basic structural and PM2.5 NAAQS. question. aspects of the state’s implementation On October 2, 2007, EPA issued On September 25, 2009, EPA issued plans. Finally, EPA notes that not every guidance making recommendations for guidance to make recommendations to element of section 110(a)(2) would be the infrastructure SIP submissions for states with respect to the infrastructure 15 relevant, or as relevant, or relevant in both the 1997 8-hour ozone NAAQS and SIPs for the 2006 PM2.5 NAAQS. In the 11 the same way, for each new or revised the 1997 PM2.5 NAAQS. Within this 2009 Guidance, EPA addressed a NAAQS and the attendant infrastructure guidance document, EPA described the number of additional issues that were SIP submission for that NAAQS. For duty of states to make these submissions not germane to the infrastructure SIPs example, the monitoring requirements to meet what the Agency characterized for the 1997 8-hour ozone and 1997 that might be necessary for purposes of as the ‘‘infrastructure’’ elements for PM2.5 NAAQS, but were germane to section 110(a)(2)(B) for one NAAQS SIPs, which it further described as the these SIP submissions for the 2006 could be very different than what might ‘‘basic SIP requirements, including PM2.5 NAAQS (e.g., the requirements of be necessary for a different pollutant. emissions inventories, monitoring, and section 110(a)(2)(D)(i) that EPA had Thus, the content of an infrastructure modeling to assure attainment and bifurcated from the other infrastructure SIP submission to meet this element maintenance of the standards.’’ 12 As elements for those specific 1997 ozone from a state might be very different for further identification of these basic and PM2.5 NAAQS). Significantly, an entirely new NAAQS, versus a minor structural SIP requirements, neither the 2007 Guidance nor the 2009 revision to an existing NAAQS.10 ‘‘attachment A’’ to the guidance Guidance explicitly referred to the SSM, Similarly, EPA notes that other types document included a short description director’s discretion, minor source NSR, of SIP submissions required under the of the various elements of section or NSR Reform issues as among specific statute also must meet the requirements 110(a)(2) and additional information substantive issues EPA expected states of section 110(a)(2), and this also about the types of issues that EPA to address in the context of the demonstrates the need to identify the considered germane in the context of infrastructure SIPs, nor did EPA give applicable elements for other SIP such infrastructure SIPs. EPA any more specific recommendations submissions. For example, emphasized that the description of the with respect to how states might address nonattainment SIPs required by part D basic requirements listed on attachment such issues even if they elected to do so. likewise have to meet the relevant A was not intended ‘‘to constitute an The SSM and director’s discretion subsections of section 110(a)(2) such as interpretation of’’ the requirements, and issues implicate section 110(a)(2)(A), section 110(a)(2)(A) or (E). By contrast, was merely a ‘‘brief description of the and the minor source NSR and NSR it is clear that nonattainment SIPs required elements.’’ 13 EPA also stated Reform issues implicate section would not need to meet the portion of its belief that with one exception, these 110(a)(2)(C). In the 2007 Guidance and section 110(a)(2)(C) that pertains to part requirements were ‘‘relatively self the 2009 Guidance, however, EPA did C, i.e., the PSD requirements applicable explanatory, and past experience with not indicate to states that it intended to in attainment areas. Nonattainment SIPs SIPs for other NAAQS should enable interpret these provisions as requiring a required by part D also would not need States to meet these requirements with substantive submission to address these to address the requirements of section assistance from EPA Regions.’’ 14 specific issues in existing SIP provisions 110(a)(2)(G) with respect to emergency However, for the one exception to that in the context of the infrastructure SIPs episodes, as such requirements would general assumption (i.e., how states for these NAAQS. Instead, EPA’s 2007 not be limited to nonattainment areas. should proceed with respect to the Guidance merely indicated its belief As this example illustrates, each type of requirements of section 110(a)(2)(G) for that the states should make submissions SIP submission may implicate some the 1997 PM2.5 NAAQS), EPA gave in which they established that they have subsections of section 110(a)(2) and not much more specific recommendations. the basic SIP structure necessary to others. But for other infrastructure SIP implement, maintain, and enforce the Given the potential for ambiguity of submittals, and for certain elements of NAAQS. EPA believes that states can the statutory language of section the submittals for the 1997 PM2.5 establish that they have the basic SIP 110(a)(1) and (2), EPA believes that it is NAAQS, EPA assumed that each State structure, notwithstanding that there appropriate for EPA to interpret that would work with its corresponding EPA may be potential deficiencies within the language in the context of acting on the existing SIP. Thus, EPA’s proposals for infrastructure SIPs for a given NAAQS. 11 See ‘‘Guidance on SIP Elements Required other states mentioned these issues not Because of the inherent ambiguity of the Under Section 110(a)(1) and (2) for the 1997 8-hour because the Agency considers them list of requirements in section 110(a)(2), Ozone and PM2.5 National Ambient Air Quality Standards,’’ from William T. Harnett, Director Air issues that must be addressed in the EPA has adopted an approach in which Quality Policy Division, to Air Division Directors, context of an infrastructure SIP as it reviews infrastructure SIPs against Regions I—X, dated October 2, 2007 (the ‘‘2007 required by section 110(a)(1) and (2), this list of elements ‘‘as applicable.’’ In Guidance’’). but rather because EPA wanted to be 12 other words, EPA assumes that Congress Id., at page 2. clear that it considers these potential could not have intended that each and 13 Id., at attachment A, page 1. 14 Id., at page 4. In retrospect, the concerns raised existing SIP problems as separate from every SIP submission, regardless of the by commenters with respect to EPA’s approach to some substantive issues indicates that the statute is 15 See ‘‘Guidance on SIP Elements Required Division OAQPS, to Regional Air Division Director, not so ‘‘self explanatory,’’ and indeed is sufficiently Under Sections 110(a)(1) and (2) for the 2006 24- Regions I–X, dated August 15, 2006. ambiguous that EPA needs to interpret it in order Hour Fine Particle (PM2.5) National Ambient Air 10 For example, implementation of the 1997 PM2.5 to explain why these substantive issues do not need Quality Standards (NAAQS),’’ from William T, NAAQS required the deployment of a system of to be addressed in the context of infrastructure SIPs Harnett, Director Air Quality Policy Division, to new monitors to measure ambient levels of that new and may be addressed at other times and by other Regional Air Division Directors, Regions I—X, dated indicator species for the new NAAQS. means. September 25, 2009 (the ‘‘2009 Guidance’’).

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the pending infrastructure SIP actions. approvals of SIP submissions.17 adequate to protect the 1997 8-hour The same holds true for this action on Significantly, EPA’s determination that ozone NAAQS in the State. the infrastructure SIPs for North an action on the infrastructure SIP is not In this action, EPA is not proposing to Carolina. the appropriate time and place to approve or disapprove any existing State provisions with regard to excess EPA believes that this approach to the address all potential existing SIP emissions during SSM of operations at infrastructure SIP requirement is problems does not preclude the a facility. EPA believes that a number of reasonable because it would not be Agency’s subsequent reliance on states have SSM provisions which are feasible to read section 110(a)(1) and (2) provisions in section 110(a)(2) as part of contrary to the CAA and existing EPA to require a top to bottom, stem to stern, the basis for action at a later time. For example, although it may not be guidance, ‘‘State Implementation Plans: review of each and every provision of an Policy Regarding Excess Emissions existing SIP merely for purposes of appropriate to require a state to eliminate all existing inappropriate During Malfunctions, Startup, and assuring that the state in question has Shutdown’’ (September 20, 1999), and the basic structural elements for a director’s discretion provisions in the course of acting on the infrastructure the Agency plans to address such state functioning SIP for a new or revised regulations in the future. In the NAAQS. Because SIPs have grown by SIP, EPA believes that section 110(a)(2)(A) may be among the statutory meantime, EPA encourages any state accretion over the decades as statutory bases that the Agency cites in the course having a deficient SSM provision to take and regulatory requirements under the of addressing the issue in a subsequent steps to correct it as soon as possible. CAA have evolved, they may include action.18 Additionally, in this action, EPA is some outmoded provisions and not proposing to approve or disapprove historical artifacts that, while not fully IV. What is EPA’s analysis of how any existing State rules with regard to up to date, nevertheless may not pose a North Carolina addressed the elements director’s discretion or variance significant problem for the purposes of of sections 110(a)(1) and (2) provisions. EPA believes that a number ‘‘implementation, maintenance, and ‘‘infrastructure’’ provisions? of states have such provisions which are enforcement’’ of a new or revised The North Carolina infrastructure contrary to the CAA and existing EPA NAAQS when EPA considers the overall submission addresses the provisions of guidance (52 FR 45109, November 24, effectiveness of the SIP. To the contrary, sections 110(a)(1) and (2) as described 1987), and the Agency plans to take EPA believes that a better approach is below. action in the future to address such for EPA to determine which specific SIP 1. 110(a)(2)(A): Emission limits and State regulations. In the meantime, EPA elements from section 110(a)(2) are other control measures: North Carolina’s encourages any State having a director’s applicable to an infrastructure SIP for a SIP provides an overview of the discretion or variance provision which given NAAQS, and to focus attention on provisions of the North Carolina Air is contrary to the CAA and EPA those elements that are most likely to Pollution Control Regulations relevant guidance to take steps to correct the need a specific SIP revision in light of to air quality control regulations. The deficiency as soon as possible. the new or revised NAAQS. Thus, for regulations described below have been 2. 110(a)(2)(B) Ambient air quality example, EPA’s 2007 Guidance federally approved in the North monitoring/data system: NCAC specifically directed states to focus on Carolina SIP and include enforceable 2D.0600, Monitoring, and 2D.0806, the requirements of section 110(a)(2)(G) emission limitations and other control Ambient Monitoring and Modeling Analysis, along with the North Carolina for the 1997 p.m.2.5 NAAQS because of measures. NCAC 2D.0400, Ambient Air the absence of underlying EPA Quality Standards, and 2D.0500, Network Description and Ambient Air regulations for emergency episodes for Emissions Control Standards, establish Monitoring Network Plan, provide for this NAAQS and an anticipated absence emission limits for ozone and address an ambient air quality monitoring of relevant provisions in existing SIPs. the required control measures, means system in the State. Annually, EPA and techniques for compliance with the approves the ambient air monitoring Finally, EPA believes that its network plan for the State agencies. On approach is a reasonable reading of ozone NAAQS. EPA has made the preliminary determination that the July 1, 2011, North Carolina submitted section 110(a)(1) and (2) because the its plan to EPA, and on October 20, statute provides other avenues and provisions contained in these chapters and North Carolina’s practices are 2011, EPA approved this plan. North mechanisms to address specific Carolina’s approved monitoring network substantive deficiencies in existing SIPs. 17 EPA has recently utilized this authority to plan can be accessed at http:// These other statutory tools allow the correct errors in past actions on SIP submissions www.regulations.gov using Docket ID Agency to take appropriate tailored related to PSD programs. See ‘‘Limitation of No. EPA–R04–OAR–2011–0352. EPA action, depending upon the nature and Approval of Prevention of Significant Deterioration has made the preliminary determination severity of the alleged SIP deficiency. Provisions Concerning Greenhouse Gas Emitting- that North Carolina’s SIP and practices Sources in State Implementation Plans; Final Rule,’’ Section 110(k)(5) authorizes EPA to 75 FR 82536 (December 30, 2010). EPA has are adequate for the ambient air quality issue a ‘‘SIP call’’ whenever the Agency previously used its authority under CAA 110(k)(6) monitoring and data system related to determines that a state’s SIP is to remove numerous other SIP provisions that the the 1997 8-hour ozone NAAQS. substantially inadequate to attain or Agency determined it had approved in error. See 61 3. 110(a)(2)(C) Program for FR 38664 (July 25, 1996) and 62 FR 34641 (June 27, maintain the NAAQS, to mitigate 1997) (corrections to American Samoa, Arizona, enforcement of control measures interstate transport, or otherwise to California, Hawaii, and Nevada SIPs); 69 FR 67062 including review of proposed new comply with the CAA.16 Section (November 16, 2004) (corrections to California SIP); sources: Regulation NCAC 2D.0530, 110(k)(6) authorizes EPA to correct and 74 FR 57051 (November 3, 2009) (corrections Prevention of Significant Deterioration, errors in past actions, such as past to Arizona and Nevada SIPs). 18 EPA has recently disapproved a SIP submission and 2D.0531, Sources in a from Colorado on the grounds that it would have Nonattainment Area, pertain to the 16 EPA has recently issued a SIP call to rectify a included a director’s discretion provision construction or modification of any specific SIP deficiency related to the SSM issue. inconsistent with CAA requirements, including major stationary source in areas See, ‘‘Finding of Substantial Inadequacy of section 110(a)(2)(A). See 75 FR 42342, 42344 (July Implementation Plan; Call for Utah State 21, 2010) (proposed disapproval of director’s designated as attainment, nonattainment Implementation Plan Revision,’’ 74 FR 21639 (April discretion provisions); 76 FR 4540 (January 26, or unclassifiable. On December 20, 18, 2011). 2011) (final disapproval of such provisions). 2005, May 16, 2007, and June 20, 2008,

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DAQ submitted revisions to its PSD/ equal or exceed the GHG thresholds, as with respect to the sub-elements NSR regulations for EPA approval. In established in the final Tailoring Rule, required pursuant to section North Carolina’s December 12, 2007, would be covered as major sources by 110(a)(2)(E). Section 110(a)(2)(E) infrastructure submission, the State the Federally-approved programs in the requires that each implementation plan certified that it has treated NOX as a affected States. North Carolina was provide (i) Necessary assurances that precursor to ozone since 1995 and that included in this rulemaking. the State will have adequate personnel, it has addressed the 110(a)(2)(J) In this action, EPA is proposing to funding, and authority under State law requirement (relating to prevention of approve North Carolina’s infrastructure to carry out its implementation plan, (ii) significant deterioration of air quality SIP for the 1997 8-hour ozone NAAQS that the State comply with the and visibility protection) with rule with respect to the general requirement requirements respecting State Boards amendments that include reference to in section 110(a)(2)(C) to include a pursuant to section 128 of the Act, and definitions in 40 CFR 51.166— program in the SIP that regulates the (iii) necessary assurances that, where Prevention of significant deterioration of modification and construction of any the State has relied on a local or air quality. These rule amendments stationary source as necessary to assure regional government, agency, or became state-effective in March 2008. In that the NAAQS are achieved. EPA is instrumentality for the implementation the June 20, 2008, SIP revision, North not proposing to approve or disapprove of any plan provision, the State has Carolina included revisions to NCAC the State’s existing minor NSR program responsibility for ensuring adequate 02D.0530 and .0531 that address the to the extent that it is inconsistent with implementation of such plan provisions. infrastructure requirements of sections EPA’s regulations governing this As with the remainder of the 110(a)(2)(C) and (J). On August 10, 2011, program. EPA believes that a number of infrastructure elements addressed by EPA finalized approval of the December states may have minor NSR provisions this notice, EPA is proposing to approve 20, 2005, May 16, 2007, and June 20, that are contrary to the existing EPA North Carolina’s SIP as meeting the 2008, SIP revisions. The June 20, 2008, regulations for this program. EPA requirements of sub-elements SIP revision addresses the Ozone intends to work with States to reconcile 110(a)(2)(E)(i) and (iii). With respect to Implementation NSR Update state minor NSR programs with EPA’s 110(a)(2)(E)(ii) (regarding State Boards), requirements to include NOX as an regulatory provisions for the program. EPA is proposing to either conditionally ozone precursor for permitting The statutory requirements of section approve, or in the alternative, proposing purposes. Specifically, the Ozone 110(a)(2)(C) provide for considerable to disapprove this sub-element. EPA’s Implementation NSR Update flexibility in designing minor NSR rationale for today’s proposals requirements include changes to major programs, and EPA believes it may be respecting each sub-element is source thresholds for sources in certain time to revisit the regulatory described in turn below. classes of nonattainment areas, changes requirements for this program to give In support of EPA’s proposal to to offset ratios for marginal, moderate, the States an appropriate level of approve sub-elements 110(a)(2)(E)(i) and serious, severe, and extreme ozone flexibility to design a program that (iii), EPA notes that DAQ is responsible nonattainment areas, provisions meets their particular air quality for adopting air quality rules, revising addressing offset requirements for concerns, while assuring reasonable facilities that shut down or curtail consistency across the country in SIPs, developing and tracking the operation, and a requirement stating protecting the NAAQS with respect to budget, establishing the title V fees, and other planning needs. DAQ also that NOX emissions are ozone new and modified minor sources. precursors. EPA has made the preliminary coordinates agreements with local air EPA finalized approval of North determination that North Carolina’s SIP pollution control programs. Carolina’s greenhouse gas (GHG) and practices are adequate for program Additionally, the SIP submittal cover regulations on October 18, 2011 (76 FR enforcement of control measures letter provided by North Carolina 64240). The proposed revisions including review of proposed new certifies the sufficiency of the State establish appropriate emission sources related to the 1997 8-hour ozone program with 110(a)(2)(E)(i) and (iii) thresholds for determining which new NAAQS. requirements. As evidence of the stationary sources and modification 4. 110(a)(2)(D)(ii) Interstate and adequacy of DAQ’s resources with projects become subject to North International transport provisions: respect to sub-elements (i) and (iii), EPA Carolina’s PSD permitting requirements NCAC 2D.0530, Prevention of submitted a letter to North Carolina on for their GHG emissions. The October Significant Deterioration, 2D.0531, March 17, 2011, outlining 105 grant 18, 2011, rulemaking finalizes approval Sources in a Nonattainment Area, and commitments and the current status of of the North Carolina rules which 2D.0532, Sources Contributing to an these commitments for fiscal year 2010. address the thresholds for GHG Ambient Violation, outline how the The letter EPA submitted to North permitting applicability in North State will notify neighboring States of Carolina can be accessed at http:// Carolina. potential impacts from new or modified www.regulations.gov using Docket ID On December 30, 2010, EPA sources. Additionally, North Carolina No. EPA–R04–OAR–2011–0352. published a final rulemaking, ‘‘Action has federally-approved regulations in its Annually, States update these grant To Ensure Authority To Implement Title SIP that satisfy the requirements for the commitments based on current SIP V Permitting Programs Under the NOX SIP Call. See 67 FR 78987 requirements, air quality planning, and Greenhouse Gas Tailoring Rule’’ (75 FR (December 27, 2002). EPA has made the applicable requirements related to the 82254) to narrow EPA’s previous preliminary determination that North NAAQS. There were no outstanding approval of State title V operating Carolina’s SIP and practices are issues for fiscal year 2010, therefore, permit programs that apply (or may adequate for insuring compliance with North Carolina’s grants were finalized apply) to GHG-emitting sources; this the applicable requirements relating to and closed out. EPA has made a rule hereafter is referred to as the interstate and international pollution preliminary determination that, for ‘‘Narrowing Rule.’’ EPA narrowed its abatement for the 1997 8-hour ozone purposes of 110(a)(2)(E)(i) and (iii), previous approval of certain State NAAQS. North Carolina has adequate resources permitting thresholds, for GHG 5. 110(a)(2)(E) Adequate resources: for implementation of the 1997 8-hour emissions so that only sources that EPA is proposing two separate actions ozone NAAQS.

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As discussed above, with respect to enforcement orders. See North Carolina to adopt these provisions into the North sub-element 110(a)(2)(E)(ii), EPA is Session Law 2011–398, Section 18. Carolina SIP within one year would proposing to conditionally approve, and Instead, Session Law 2011–398 shifts result in the conditional approval in the alternative, to disapprove North this authority to individual State becoming a disapproval. Carolina’s infrastructure SIP as to this Administrative Law Judges in the North EPA is also proposing, in the requirement. North Carolina’s March 27, Carolina Office of Administrative alternative, to disapprove North 2008, infrastructure certification letter Hearings. Once corresponding revisions Carolina’s 110(a)(2)(E)(ii) infrastructure did not certify the adequacy of the have been made to the federally- SIP because North Carolina has yet to State’s implementation plan to meet the approved SIP to effectuate this change, submit to EPA a formal commitment to requirements of section 110(a)(2)(E)(ii) a ‘‘board or body’’ will no longer be make the changes described in this (requiring state compliance with section responsible for approving permits or notice. In the event that North Carolina 128 of the CAA), and presently North enforcement orders in North Carolina.19 fails to provide such commitment, or Carolina’s SIP does not include As such, EPA is proposing to commits to addressing the section 128 provisions to meet section 128 conditionally approve element requirements in a manner materially requirements. 110(a)(2)(E)(ii) with respect to 128(a)(1) different from that which is described As a result, EPA is proposing to based upon a commitment by the State herein, EPA is proposing to disapprove conditionally approve North Carolina’s to timely submit any SIP revisions North Carolina’s infrastructure SIP with infrastructure SIP with respect to necessary to remove the Environmental respect to section 110(a)(2)(E)(ii). element 110(a)(2)(E)(ii) based upon Management Commission’s authority to Should North Carolina provide the assurances by the State that DAQ will approve permits or enforcement orders requisite timely commitment, EPA submit to EPA a formal commitment to under the State’s Air Pollution Act.20 intends to move forward with finalizing adopt specific enforceable measures into Regarding section 128(a)(2) (also the conditional approval consistent with its SIP within one year to address the made applicable to the infrastructure section 110(k)(4) of the Act. applicable portions of section 128. In SIP pursuant to section 110(a)(2)(E)(ii)), 6. 110(a)(2)(F) Stationary source order for EPA to take final action North Carolina has indicated that it monitoring system: North Carolina’s conditionally approving the State’s intends to commit to EPA to submit for infrastructure submission describes how infrastructure SIP with respect to incorporation into the SIP relevant the State establishes requirements for element 110(a)(2)(E)(ii), DAQ must provisions of N.C.G.S. § 138A, Article 3: emissions compliance testing and formally commit to taking the actions Public Disclosure of Economic Interests, utilizes emissions sampling and described in this notice prior to EPA’s sufficient to satisfy the conflict of analysis. It further describes how the final action on North Carolina’s interest provisions applicable to the State ensures the quality of its data infrastructure SIP. As described further head of NC DENR and those officials through observing emissions and below, in the event DAQ should fail to within the Department delegated his monitoring operations. North Carolina provide an adequate commitment to authority. DAQ uses these data to track progress address the applicable 110(a)(2)(E)(ii) Both commitments described above towards maintaining the NAAQS, infrastructure requirements, EPA is must be received by EPA prior to final develop control and maintenance hereby proposing, in the alternative, to action on this proposed conditional strategies, identify sources and general disapprove the State’s infrastructure SIP approval with respect to element emission levels, and determine with respect to this sub-element. 110(a)(2)(E)(ii). Furthermore, these compliance with emission regulations The section 128 State Board commitments must provide that the and additional EPA requirements. These requirements—as applicable to the State will adopt the specified requirements are provided in NCAC infrastructure SIP pursuant to section enforceable provisions by a date certain 2D.0605, General Recordkeeping and 110(a)(2)(E)(ii)—provide at subsection within one year from EPA’s final action Reporting Requirements, 2D.0613, (a)(1) that each SIP shall contain in this matter. See section 110(k)(4) of Quality Assurance Program, and requirements that any board or body the CAA, 42 U.S.C. 7410(k)(4). Failure 2D.0614, Compliance Assurance which approves permits or enforcement Monitoring. orders be subject to the described public 19 Initial permit approvals and enforcement Additionally, North Carolina is interest and income restrictions. It orders are issued by delegated officials within NC required to submit emissions data to further requires at subsection (a)(2) that DENR. Pursuant to N.C.G.S. § 143–215.114A, the EPA for purposes of the National Secretary NC DENR is authorized to assess civil any board or body, or the head of an penalties for violations of the State’s Air Pollution Emissions Inventory (NEI). The NEI is executive agency with similar power to Control laws. NC DENR is also authorized pursuant EPA’s central repository for air approve permits or enforcement orders to N.C.G.S. § 143–215.114C to request the Attorney emissions data. EPA published the Air under the CAA, shall also be subject to General of the State to institute a civil action Emissions Reporting Rule (AERR) on seeking injunctive relief to restrain the violation or December 5, 2008, which modified the conflict of interest disclosure threatened violation of the State’s Air Pollution requirements. EPA’s proposed Control laws. The North Carolina Environmental requirements for collecting and conditional approval of North Carolina’s Management Commission is authorized pursuant to reporting air emissions data (see 73 FR 110(a)(2)(E)(ii) infrastructure SIP N.C.G.S. § 143–215.108, to approve Air Pollution 76539). The AERR shortened the time requires the State to commit to adopting Control permits in the State, however, the states had to report emissions data from Commission has delegated by regulation this specific enforceable measures related to authority to the Secretary of the Department of 17 to 12 months, giving states one both 128(a)(1) and 128(a)(2) to address Environment, Health, and Natural Resources. See calendar year to submit emissions data. current deficiencies in the North 15A N.C. Admin. Code 02A.0105(a)(2). All states are required to submit a Carolina SIP. 20 Pursuant to section 55.2 of N.C. Session Law comprehensive emissions inventory 2011–398, the North Carolina Office of For purposes of section 128(a)(1), a Administrative Hearings is required to seek U.S. every three years and report emissions recent North Carolina law, which EPA approval to become an agency responsible for for certain larger sources annually becomes effective no later than June 15, administering programs under the Clean Air Act. through EPA’s online Emissions 2012, rescinds the authority of the This ongoing separate process may result in Inventory System. States report additional SIP revisions implicating section State’s Environmental Management 110(a)(2)(E)(ii). Any such actions are distinct from emissions data for the six criteria Commission to issue final decisions on today’s proposed actions and would be address in pollutants and the precursors that form contested cases involving permits and a separate rulemaking. them—NOX, sulfur dioxide, ammonia,

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lead, carbon monoxide, particulate Attainment Demonstration (North 10. 110(a)(2)(J) (127 public matter, and volatile organic compounds Carolina portion); and notification) Public notification: DAQ (VOCs). Many states also voluntarily • November 2, 2011, SIP Revision— has public notice mechanisms in place report emissions of hazardous air Charlotte, North Carolina (North to notify the public of ozone and other pollutants. North Carolina made its Carolina portion) 1997 8-hour Ozone pollutant forecasting, including an air latest update to the NEI on March 25, Redesignation/Maintenance Plan. quality monitoring Web site providing 2011. EPA compiles the emissions data, EPA has made the preliminary ground level ozone alerts, http:// supplementing it where necessary, and determination that North Carolina’s SIP xapps.enr.state.nc.us/aq/ releases it to the general public through and practices adequately demonstrate a ForecastCenter. North Carolina also has the Web site http://www.epa.gov/ttn/ commitment to provide future SIP an outreach program to educate the chief/eiinformation.html. EPA has made revisions related to the 1997 8-hour public and promote voluntary emissions the preliminary determination that ozone NAAQS when necessary. EPA reduction measures including the ‘‘Turn North Carolina’s SIP and practices are notes, however, that North Carolina’s Off Your Engine’’ idling reduction adequate for the stationary source one remaining 1997 8-hour ozone program. NCAC 2D.0300, Air Pollution monitoring systems related to the 1997 NAAQS nonattainment area—the Emergencies, requires that DAQ notify 8-hour ozone NAAQS. Charlotte-Gastonia-Rock Hill, NC-SC the public of any air pollution episode 7. 110(a)(2)(G) Emergency power: Area (hereafter referred to as the or NAAQS violation. EPA has made the NCAC 2D.0300 Air Pollution ‘‘Charlotte Area’’)—is currently preliminary determination that North Emergencies, authorizes the North attaining 1997 8-hour ozone NAAQS. In Carolina’s SIP and practices adequately Carolina DAQ Director to determine the a November 15, 2011, final rulemaking, demonstrate the State’s ability to existence of an air pollution emergency EPA determined that the Charlotte Area provide public notification related to and it describes the preplanned has attained the 1997 8-hour ozone the 1997 8-hour ozone NAAQS when abatement strategies triggered by the NAAQS. See 76 FR 70656. That final necessary. 11. 110(a)(2)(J) (PSD) PSD and occurrence of such an emergency. These action, in accordance with 40 CFR visibility protection: North Carolina criteria have previously been approved 51.918, suspended the requirements for demonstrates its authority to regulate by EPA. EPA has made the preliminary the Charlotte Area to submit attainment new and modified sources of ozone determination that North Carolina’s SIP demonstrations, associated RACM, RFP precursors, VOCs and NOx to assist in and practices are adequate for plans, contingency measures, and other emergency powers related to the 1997 the protection of air quality in NCAC planning SIPs related to attainment of 2D.0530, Prevention of Significant 8-hour ozone NAAQS. the 1997 8-hour ozone NAAQS so long 8. 110(a)(2)(H) Future SIP revisions: Deterioration, and 2D.0531, Sources in a as the Charlotte Area continues to meet Nonattainment Area. On December 20, DAQ is responsible for adopting air the 1997 8-hour ozone NAAQS. 2005, May 16, 2007, and June 20, 2008, quality rules and revising SIPs as 9. 110(a)(2)(J) (121 consultation) DAQ submitted revisions to its PSD/ needed to attain or maintain the Consultation with government officials: NSR regulations for EPA approval. In NAAQS in North Carolina. DAQ has the NCAC 2D.0530, Prevention of North Carolina’s December 12, 2007, ability and authority to respond to calls Significant Deterioration, and 2D.0531, infrastructure submission, the State for SIP revisions, and has provided a Sources in a Nonattainment Area, as certified that it has treated NO as a number of SIP revisions over the years X well as North Carolina’s Regional Haze precursor to ozone since 1995 and has for implementation of the NAAQS. Implementation Plan (which allows for addressed the requirement for Specific to the 1997 8-hour ozone consultation between appropriate state, 110(a)(2)(J) with rule amendments that NAAQS, North Carolina has provided a local, and tribal air pollution control include reference to definitions in 40 number of submissions, including the agencies as well as the corresponding CFR 51.166—Prevention of significant following: Federal Land Managers), provide for • deterioration of air quality. These June 19, 2006, SIP Revision—(EPA consultation with government officials revisions addressing section 110(a)(2)(J) approval, 71 FR 64891, November 6, whose jurisdictions might be affected by requirements became state-effective in 2006) Redesignation of the Rocky SIP development activities. North March 2008. Mount, North Carolina Area; Carolina adopted state-wide As described above, the June 20, 2008, • June 15, 2007, SIP Revision, consultation procedures for the SIP revision, includes revisions to rules Charlotte, North Carolina (North implementation of transportation NCAC 02D.0530 and .0531 that address Carolina portion)—8-hr Ozone conformity. These consultation the infrastructure requirements of Reasonably Available Control procedures include considerations sections 110(a)(2)(C) and (J). SIP Technology and Reasonable Further associated with the development of revision addressed the Ozone Progress; mobile inventories for SIPs. Implementation NSR Update • February 4, 2008, SIP Revision Implementation of transportation requirements to include NOx as an (EPA approval, 73 FR 18963, April 8, conformity as outlined in the ozone precursor for permitting 2008) Raleigh/Durham and Greensboro consultation procedures requires DAQ purposes. This involved changes to 1-hour Maintenance Plan Update; to consult with federal, state and local major source thresholds for sources in • July 24, 2009, SIP Revision (EPA transportation and air quality agency certain classes of nonattainment areas, approval, 74 FR 63995, December 7, officials on the development of motor changes to offset ratios for marginal, 2009) Great Smoky Mountains National vehicle emissions budgets. EPA moderate, serious, severe, and extreme Park Redesignation; approved North Carolina’s consultation ozone nonattainment areas, provisions • November 30, 2009, SIP Revision— procedures on December 27, 2002 (See addressing offset requirements for Charlotte, North Carolina (North 67 FR 78983). EPA has made the facilities that shut down or curtail Carolina portion)—8-hr Ozone preliminary determination that North operation, and a requirement stating Reasonable Further Progress Update; Carolina’s SIP and practices adequately that NOx emissions are ozone • April 5, 2010, SIP Revision— demonstrate consultation with precursors. In a August 10, 2011, final Supplement and Resubmission of the government officials related to the 1997 rulemaking action, EPA approved the 1997 8-hour Ozone Charlotte 8-hour ozone NAAQS when necessary. December 20, 2005, May 16, 2007, and

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June 20, 2008, SIP revisions. See 76 FR to the 1997 8-hour ozone NAAQS when specific enforceable measures into its 49313. necessary. SIP within one year to address the With regard to the applicable 13. 110(a)(2)(L) Permitting fees: North applicable portions of section 128. In requirements for visibility protection, Carolina addresses the review of order for EPA to take final action EPA recognizes that states are subject to construction permits as previously conditionally approving the State’s visibility and regional haze program discussed in 110(a)(2)(C). Permitting infrastructure SIP with respect to requirements under part C of the Act fees in North Carolina are collected element 110(a)(2)(E)(ii), DAQ must (which includes sections 169A and through the State’s federally-approved formally commit to taking the actions 169B). In the event of the establishment title V fees program, according to State’s described in this notice prior to EPA’s of a new NAAQS, however, the federally-approved title V fees program final action on North Carolina’s visibility and regional haze program according to State Regulation NCAC infrastructure SIP. In the event DAQ requirements under part C do not 2Q.0200, Permit Fees. EPA has made the fails to provide an adequate change. Thus, EPA finds that there is no preliminary determination that North commitment to address the applicable new visibility obligation ‘‘triggered’’ Carolina’s SIP and practices adequately 110(a)(2)(E)(ii) infrastructure under section 110(a)(2)(J) when a new provide for permitting fees related to the requirements, EPA is hereby proposing, NAAQS becomes effective. This would 1997 8-hour ozone NAAQS when in the alternative, to disapprove the be the case even in the event a necessary. State’s infrastructure SIP with respect to secondary PM2.5 NAAQS for visibility is 14. 110(a)(2)(M) Consultation/ this sub-element. EPA is also proposing established, because this NAAQS would participation by affected local entities: to approve North Carolina’s not affect visibility requirements under NCAC 2Q.0307, Public Participation infrastructure submission for the 1997 part C. North Carolina has submitted Procedures requires that DAQ notify the 8-hour ozone NAAQS, with the SIP revisions for approval to satisfy the public of an application, preliminary exception of sub-element 110(a)(2)(E)(ii) requirements of the CAA Section 169A determination, the activity or activities because its December 12, 2007, and June and 169B, and the regional haze and involved in a permit action, any 20, 2008, submissions are consistent best available retrofit technology rules emissions associated with a permit with section 110 of the CAA. contained in 40 CFR 51.308. These modification, and the opportunity for comment prior to making a final VI. Statutory and Executive Order revisions are currently under review Reviews and will be acted on in a separate permitting decision. Furthermore, DAQ action. EPA has made the preliminary has demonstrated consultation with, Under the CAA, the Administrator is determination that North Carolina’s SIP and participation by, affected local required to approve a SIP submission and practices adequately demonstrate entities through its work with local that complies with the provisions of the the State’s ability to implement PSD political subdivisions during the Act and applicable Federal regulations. programs and to provide for visibility developing of its Transportation See 42 U.S.C. 7410(k); 40 CFR 52.02(a). protection related to the 1997 8-hour Conformity SIP, Regional Haze Thus, in reviewing SIP submissions, ozone NAAQS when necessary.21 Implementation Plan, Early Action EPA’s role is to approve state choices, 12. 110(a)(2)(K) Air quality and Compacts, and the 8-Hour Ozone provided that they meet the criteria of modeling/data: NCAC 2D.0300, Air Attainment Demonstration for the North the CAA. Accordingly, this proposed Pollution Emergencies, and NCAC Carolina portion of the Charlotte- action merely approves state law as 2D.0806, Ambient Monitoring and Gastonia-Rock Hill NC-SC meeting Federal requirements and does Modeling Analysis, require that air nonattainment area. EPA has made the not impose additional requirements modeling be conducted to determine preliminary determination that North beyond those imposed by state law. For permit applicability. These regulations Carolina’s SIP and practices adequately that reason, this proposed action: • demonstrate that North Carolina has the demonstrate consultation with affected Is not a ‘‘significant regulatory authority to provide relevant data for local entities related to the 1997 8-hour action’’ subject to review by the Office the purpose of predicting the effect on ozone NAAQS when necessary. of Management and Budget under ambient air quality of the 8-hour ozone V. Proposed Action Executive Order 12866 (58 FR 51735, October 4, 1993); NAAQS. Additionally, North Carolina As described above, with the • supports a regional effort to coordinate Does not impose an information exception of sub-element collection burden under the provisions the development of emissions 110(a)(2)(E)(ii), EPA is proposing to inventories and conduct regional of the Paperwork Reduction Act (44 determine that North Carolina’s U.S.C. 3501 et seq.); modeling for several NAAQS, including infrastructure submission, provided to • the 1997 8-hour ozone NAAQS, for the Is certified as not having a EPA on December 12, 2007, and significant economic impact on a Southeastern states. Taken as a whole, clarified in a subsequent submission North Carolina’s air quality regulations substantial number of small entities submitted on June 20, 2008, addressed under the Regulatory Flexibility Act demonstrate that DAQ has the authority the required infrastructure elements for to provide relevant data for the purpose (5 U.S.C. 601 et seq.); the 1997 8-hour ozone NAAQS. EPA is • Does not contain any unfunded of predicting the effect on ambient air proposing to approve in part, and to mandate or significantly or uniquely quality of the 8-hour ozone NAAQS. conditionally approve or disapprove in affect small governments, as described EPA has made the preliminary part consistent with section 110 of the in the Unfunded Mandates Reform Act determination that North Carolina’s SIP CAA. of 1995 (Pub. L. 104–4); and practices adequately demonstrate With respect to 110(a)(2)(E)(ii) • Does not have Federalism the State’s ability to provide for air (referencing section 128 of the CAA), implications as specified in Executive quality and modeling, along with EPA is proposing to conditionally Order 13132 (64 FR 43255, August 10, analysis of the associated data, related approve North Carolina’s infrastructure 1999); SIP with respect to element • Is not an economically significant 21 Notably, EPA is currently engaged in regulatory action based on health or discussions with North Carolina and Federal Land 110(a)(2)(E)(ii) based upon assurances Managers regarding an aspect of visibility analysis by the State that DAQ will submit to safety risks subject to Executive Order for Class I areas under the State’s PSD Program. EPA a formal commitment to adopt 13045 (62 FR 19885, April 23, 1997);

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• Is not a significant regulatory action methods, under Executive Order 12898 List of Subjects in 40 CFR Part 52 subject to Executive Order 13211 (66 FR (59 FR 7629, February 16, 1994). Environmental protection, Air 28355, May 22, 2001); pollution control, Intergovernmental • In addition, this proposed rule does not Is not subject to requirements of have tribal implications as specified by relations, Nitrogen dioxide, Ozone, Section 12(d) of the National Executive Order 13175 (65 FR 67249, Reporting and recordkeeping Technology Transfer and Advancement November 9, 2000), because the SIP is requirements, Volatile organic Act of 1995 (15 U.S.C. 272 note) because not approved to apply in Indian country compounds. application of those requirements would located in the state, and EPA notes that Authority: 42 U.S.C. 7401 et seq. be inconsistent with the CAA; and • it will not impose substantial direct Dated: December 7, 2011. Does not provide EPA with the costs on tribal governments or preempt discretionary authority to address, as Gwendolyn Keyes Fleming, tribal law. appropriate, disproportionate human Regional Administrator, Region 4. health or environmental effects, using [FR Doc. 2011–32183 Filed 12–14–11; 8:45 am] practicable and legally permissible BILLING CODE 6560–50–P

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Notices Federal Register Vol. 76, No. 241

Thursday, December 15, 2011

This section of the FEDERAL REGISTER Warren Street Warrenton, Georgia Questions and comments should be contains documents other than rules or 30828, Phone (706) 465–2656. sent to RUS at the mailing or email proposed rules that are applicable to the addresses provided in this Notice. RUS public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: Oglethorpe proposes to own, operate, will accept comments on the Final EIS committee meetings, agency decisions and 30 days following the publication of the rulings, delegations of authority, filing of and maintain the Proposal in Warren petitions and applications and agency County, Georgia. The purpose of the U.S. Environmental Protection Agency’s statements of organization and functions are Proposal is to provide a reliable, long- notice of receipt of the Final EIS in the examples of documents appearing in this term supply of renewable and Federal Register. Once completed, a section. sustainable energy at a reasonable cost public notice announcing the to meet part of the electric energy needs availability of the Record of Decision of Oglethorpe’s members. will be published in the Federal DEPARTMENT OF AGRICULTURE Register and local newspapers. Because Three alternatives are evaluated in the Proposal may involve impacts to detail in the Final EIS; the no action Rural Utilities Service wetlands, this Notice of Availability alternative, and the proposed action at also serves as a notice of potential two different locations: Warren County Oglethorpe Power Corporation; impacts to wetlands. In accordance with (the Proposal) and Appling County (the Proposed Biomass Power Plant Executive Order 11990, the Final EIS Alternate). Alternatives were evaluated includes a wetland assessment and AGENCY: Rural Utilities Service, USDA. in terms of cost-effectiveness, technical statement of no practicable alternatives ACTION: Notice of Availability of a Final feasibility, and environmental impacts. to proposed impacts to wetlands. Environmental Impact Statement. The Final EIS evaluated and eliminated Any final action by RUS related to the from detailed consideration eight proposal will be subject to, and SUMMARY: Notice is hereby given that alternatives for renewable generation, contingent upon, compliance with all the Rural Utilities Service (RUS), has non-renewable generation alternatives, relevant Federal, state and local prepared a Final Environmental Impact demand side management, three environmental laws and regulations, Statement (EIS) to meet its alternative sites, two alternatives for and completion of the environmental responsibilities under the National cooling, and two alternatives for water review requirements as promulgated in Environmental Policy Act (NEPA) and supply. 7 CFR part 1794 related to possible RUS’ Environmental Policies and The Proposal would be constructed financial assistance to Oglethorpe Power Procedures (7 CFR part 1794). on an approximately 343-acre site Corporation’s (Oglethorpe) for the located three-fourths mile east of the Nivin Elgohary, construction of a 100 megawatt (MW) city limit of Warrenton, Georgia. The Assistant Administrator, Electric Programs, biomass plant and related facilities tallest structure would be the stack, Rural Utilities Service. (Proposal) in Warren County, Georgia. with a maximum estimated height of [FR Doc. 2011–32005 Filed 12–14–11; 8:45 am] The purpose of the Proposal is to approximately 220 feet. The BILLING CODE P provide a reliable, long-term supply of construction schedule of the Proposal is renewable and sustainable energy at a currently unknown. reasonable cost to meet part of the electric energy needs of Oglethorpe’s A Notice of Availability of the Draft DEPARTMENT OF COMMERCE members. Oglethorpe may request EIS was published in the Federal Register at 76 FR 20624, on April 13, Submission for OMB Review; financial assistance from the RUS for Comment Request the Proposal. 2011, and in local newspapers. Public hearings on the Draft EIS were held in DATES: Written comments on this Final The Department of Commerce will the project area on May 5, 2011, and EIS will be accepted 30 days following submit to the Office of Management and public comments were accepted through the publication of the U.S. Budget (OMB) for clearance the May 31, 2011. Environmental Protection Agency’s following proposal for collection of notice of receipt of the Final EIS in the In accordance with Section 106 of the information under the provisions of the Federal Register. National Historic Preservation Act and Paperwork Reduction Act (44 U.S.C. its implementing regulation, ‘‘Protection chapter 35). FOR FURTHER INFORMATION CONTACT: To of Historic Properties’’ (36 CFR part 800) Agency: National Oceanic and obtain copies of the Final EIS or for and as part of its broad environmental Atmospheric Administration (NOAA). further information, contact: Stephanie review process, RUS must take into Title: National Coral Reef Monitoring Strength, Environmental Protection account the effect of the proposal on Program Survey. Specialist, USDA, Rural Utilities historic properties Pursuant to 36 CFR OMB Control Number: None. Service, 1400 Independence Avenue 800.2(d)(3), RUS is using its procedures Form Number(s): NA. SW., Room 2244, Stop 1571, for public involvement under NEPA to Type of Request: Regular submission Washington, DC 20250–1571, or email meet its’ responsibilities to solicit and (new information collection). [email protected]. consider the views of the public during Number of Respondents: 3,600. ADDRESSES: A copy of the Draft EIS may Section 106 review. Any party wishing Average Hours per Response: 30 be viewed online at the following Web to participate more directly with RUS as minutes for full survey, 1 minute for site: http://www.rurdev.usda.gov/UWP- a ‘‘consulting party’’ in Section 106 initial conversation only, with survey OglethorpePower.html and at the: review may submit a written request to not agreed to. Warren County Public Library, 10 the RUS contact provided in this notice. Burden Hours: 1,191.

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Needs and Uses: This request is for a DEPARTMENT OF COMMERCE reason of imports from the PRC of steel new information collection. cylinders. The ITC’s preliminary International Trade Administration The purpose of this information determination was published in the 4 collection is to obtain information from [A–570–977] Federal Register on July 1, 2011. individuals in the seven United States Period of Investigation High Pressure Steel Cylinders From (U.S.) jurisdictions containing coral The period of investigation (‘‘POI’’) is reefs. Specifically, NOAA is seeking the People’s Republic of China: Preliminary Determination of Sales at October 1, 2010, through March 31, information on the knowledge, attitudes 2011.5 and reef use patterns, as well as Less Than Fair Value information on knowledge and attitudes AGENCY: Import Administration, Scope of the Investigation related to specific reef protection International Trade Administration, The merchandise covered by the activities. In addition, this survey will Department of Commerce. scope of the investigation is seamless provide for the ongoing collection of DATES: Effective Date: December 15, steel cylinders designed for storage or social and economic data related to the 2011. transport of compressed or liquefied gas communities affected by coral reef SUMMARY: The Department of Commerce (‘‘high pressure steel cylinders’’). High conservation programs. (‘‘Department’’) preliminarily pressure steel cylinders are fabricated of The Coral Reef Conservation Program determines that high pressure steel chrome alloy steel including, but not limited to, chromium-molybdenum steel (CRCP), developed under the authority cylinders (‘‘steel cylinders’’) from the or chromium magnesium steel, and have of the Coral Reef Conservation Act of People’s Republic of China (‘‘PRC’’) are permanently impressed into the steel, 2000, is responsible for programs being, or are likely to be, sold in the either before or after importation, the intended to enhance the conservation of United States at less than fair value (‘‘LTFV’’), as provided in section 733 of symbol of a U.S. Department of coral reefs. NOAA intend to use the Transportation, Pipeline and Hazardous information collected through this the Tariff Act of 1930, as amended (‘‘Act’’). The estimated margins of sales Materials Safety Administration survey for research purposes as well as (‘‘DOT’’) approved high pressure steel measuring and improving the results of at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. cylinder manufacturer, as well as an our reef protection programs. Because approved DOT type marking of DOT 3A, FOR FURTHER INFORMATION CONTACT: many of our efforts to protect reefs rely 3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, or Emeka Chukwudebe or Alan Ray, AD/ on education and changing attitudes DOT–E (followed by a specific CVD Operations, Office 9, Import toward reef protection, the information exemption number) in accordance with Administration, International Trade collected will allow CRCP staff to the requirements of sections 178.36 Administration, U.S. Department of ensure programs are designed through 178.68 of Title 49 of the Code appropriately at the start, future Commerce, 14th Street and Constitution of Federal Regulations, or any program evaluation efforts are as Avenue NW., Washington, DC 20230; subsequent amendments thereof. High successful as possible, and outreach telephone: (202) 482–0219 or (202) 482– pressure steel cylinders covered by the efforts are targeting the intended 5403, respectively. investigation have a water capacity up recipients with useful information. SUPPLEMENTARY INFORMATION: to 450 liters, and a gas capacity ranging Affected Public: Individuals or Initiation from 8 to 702 cubic feet, regardless of corresponding service pressure levels households. On May 11, 2011, the Department and regardless of physical dimensions, Frequency: Once every three-four received a petition concerning imports finish or coatings. years. of steel cylinders from the PRC filed in Excluded from the scope of the Respondent’s Obligation: Voluntary. proper form by Norris Cylinder investigation are high pressure steel 1 Company (‘‘Petitioner’’). cylinders manufactured to UN–ISO– OMB Desk Officer: On June 8, 2011, the Department [email protected]. 9809–1 and 2 specifications and initiated an antidumping duty (‘‘AD’’) permanently impressed with ISO or UN Copies of the above information investigation on steel cylinders from the symbols. Also excluded from the 2 collection proposal can be obtained by PRC. Additionally, in the Initiation investigation are acetylene cylinders, calling or writing Diana Hynek, Notice, the Department notified parties with or without internal porous mass, Departmental Paperwork Clearance of the application process by which and permanently impressed with 8A or Officer, (202) 482–0266, Department of exporters and producers may obtain 8AL in accordance with DOT Commerce, Room 6616, 14th and separate-rate status in non-market regulations. Constitution Avenue NW., Washington, economy (‘‘NME’’) investigations such Merchandise covered by the DC 20230 (or via the Internet at as this investigation.3 investigation is classified in the [email protected]). On June 27, 2011, the United States Harmonized Tariff Schedule of the International Trade Commission (‘‘ITC’’) Written comments and United States (‘‘HTSUS’’) under issued its affirmative preliminary subheading 7311.00.00.30. Subject recommendations for the proposed determination that there is a reasonable information collection should be sent merchandise may also enter under indication that an industry in the HTSUS subheadings 7311.00.00.60 or within 30 days of publication of this United States is materially injured by notice to 7311.00.00.90. Although the HTSUS [email protected]. subheadings are provided for 1 See Petitions for the Imposition of Antidumping convenience and customs purposes, the Dated: December 9, 2011. and Countervailing Duties: High Pressure Steel Cylinders From the People’s Republic of China filed written description of the merchandise Gwellnar Banks, on May 11, 2011 (‘‘Petition’’). under the investigation is dispositive. Management Analyst, Office of the Chief 2 See High Pressure Steel Cylinders From the Information Officer. People’s Republic of China: Initiation of 4 See Investigation Nos. 701–TA–480 and 731– Antidumping Duty Investigation, 76 FR 33213 (June TA–1188; Preliminary, High Pressure Steel [FR Doc. 2011–32144 Filed 12–14–11; 8:45 am] 8, 2011) (‘‘Initiation Notice’’). Cylinders From China, 76 FR 38697 (July 1, 2011). BILLING CODE 3510–JS–P 3 See id., 76 FR at 33216–33217. 5 See 19 CFR 351.204(b)(1).

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Scope Comments providing a schedule for voluntary of the selection of the surrogate country, In accordance with the preamble to responses to the Department’s initial see ‘‘Surrogate Country’’ section below. NME Questionnaire.12 However, the the Department’s regulations, the Surrogate Value Comments Department sets aside a period of time letter also stated that the schedule does for parties to raise issues regarding not indicate that the Department will On September 29, 2011, and October product coverage and encouraged all accept a voluntary respondent in this 17, 2011, the Department extended the 13 parties to submit comments within 20 investigation. Given the Department’s deadline for the submission of surrogate calendar days of publication of the current resource constraints, we are not value (‘‘SV’’) comments to October 18, Initiation Notice.6 No interested party selecting a voluntary respondent at this 2011 and October 24, 2011, respectively. submitted scope comments. time because to do so would be unduly On October 24, 2011, Petitioner and burdensome and would inhibit the BTIC submitted surrogate factor Respondent Selection timely completion of this valuation comments and data. On In the Initiation Notice, the investigation.14 As stated in the November 2, 2011, November 14, 2011, Department stated its intent to limit the Respondent Selection Memo, the and November 22, 2011, Petitioner and number of quantity and value (‘‘Q&V’’) Department is conducting numerous, BTIC submitted rebuttal surrogate factor questionnaires sent to exporters or concurrent, antidumping proceedings valuation comments. producers to those companies identified which limits the number of analysts that Separate Rate Applications in the Petition.7 On June 1, 2011, the can be assigned to this investigation. Between August, 4, 2011, and August Department sent Q&V questionnaires to Questionnaire the ten companies identified in the 26, 2011, the Department received Petition as exporters or producers of On July 29, 2011, the Department separate rate applications from four 16 steel cylinders from the PRC.8 The issued to BTIC the NME AD companies. See the ‘‘Separate Rates’’ Department also posted the Q&V questionnaire with product section below for the full discussion of questionnaire for this investigation on characteristics used in the designation the treatment of the separate rate its Web site at http://ia.ita.doc.gov/ia- of CONNUMs and assigned to the applicants. highligHTSUS-and-news.html. Of the merchandise under consideration. Postponement of Preliminary ten companies to which the Department Between August 26, 2011, and Determination sent Q&V questionnaires, the November 10, 2011, BTIC submitted Department received two Q&V responses to the Department’s original On September 8, 2011, Petitioner filed responses.9 In addition, the Department and supplemental sections A, C, and D a timely request to postpone the also received two unsolicited Q&V questionnaires. In addition, between issuance of the preliminary responses.10 September 14, 2011 and October 5, determination by 60 days. On Based on the responses submitted to 2011, Zhejiang Jindun also submitted September 27, 2011, the Department the Department, on August 25, 2011, the responses to the Department’s original published in the Federal Register a Department selected BTIC section A, C and D questionnaires. notice postponing the preliminary (‘‘Respondent’’) as the only mandatory antidumping duty determination for this Surrogate Country Comments respondent for individual examination investigation of steel cylinders from the 17 in this investigation. BTIC accounts for On August 29, 2011, the Department PRC. the largest volume of subject determined that Colombia, Indonesia, Non-Market-Economy Country merchandise sold to the United States the Philippines, , Thailand, during the POI that can be reasonably and Ukraine are countries whose per For purposes of initiation, Petitioners 11 submitted LTFV analyses of the PRC as examined. capita gross national income is 18 On August 29, 2011, Zhejiang Jindun comparable to the PRC in terms of an NME country. The Department submitted a letter requesting treatment economic development.15 On considers the PRC to be an NME as a voluntary respondent. On August September 7, 2011, the Department country. In accordance with section 30, 2011, Petitioner submitted a letter requested comments from the interested 771(18)(C)(i) of the Act, any opposing Zhejiang Jindun’s request for parties regarding the selection of a determination that a foreign country is voluntary treatment. On September 2, an NME country shall remain in effect surrogate country. On September 20, the 19 2011, the Department issued a letter Department extended the deadline for until revoked by the Department. No the submission of surrogate country and party has challenged the designation of 6 See Antidumping Duties; Countervailing Duties, factor valuation comments to September the PRC as an NME country in this 62 FR 27296, 27323 (May 19, 1997); see also 26, 2011, and October 7, 2011, investigation. Therefore, we continue to Initiation Notice, 76 FR at 33213–33214. respectively. For a detailed discussion 7 See Initiation Notice, 76 FR at 33216. 16 The following companies filed separate-rate 8 See Letter from the Department to All Interested applications: BTIC; Shanghai J.S.X. International Parties, dated June 1, 2011. 12 See Letter from the Department Re: Trading Corporation; Zhejiang Jindun; and 9 The Department received responses from Beijing ‘‘Antidumping Duty Investigation of High Pressure Shijiazhuang Enric Gas Equipment Co., Ltd. (these Tianhai Industry Co., Ltd. (‘‘BTIC’’) and Zhejiang Steel Cylinders from the People’s Republic of China companies, exclusive of BTIC, are collectively Jindun Pressure Vessel Co., Ltd. (‘‘Zhejiang (‘‘PRC’’): Schedule for Voluntary Responses to the referred to as, ‘‘Separate Rate Respondents’’). Jindun’’). Department’s Initial Questionnaire,’’ dated 17 See High Pressure Steel Cylinders From the 10 The Department received unsolicited Q&V September 2, 2011. People’s Republic of China: Postponement of responses from Shanghai J.S.X. International 13 See id. Preliminary Determination of Antidumping Duty Trading Corporation and Shijiazhuang Enric Gas 14 See section 782(a)(2) of the Act. Investigation, 76 FR 59658 (September 27, 2011). Equipment Co., Ltd. 15 See ‘‘Memorandum from Carole Showers, 18 See also Initiation Notice, 76 FR at 33215. 11 See ‘‘Memorandum to Christian Marsh, Deputy Director, Office of Policy, to Matthew Renkey, 19 See Preliminary Determination of Sales at Less Assistant Secretary for Antidumping and Acting Program Manager, Office 9: Antidumping Than Fair Value and Postponement of Final Countervailing Duty Operations, from James C. Investigation of High Pressure Steel Cylinders from Determination: Coated Free Sheet Paper from the Doyle, Director, Office 9; Antidumping Duty the People’s Republic of China (PRC): Request for People’s Republic of China, 72 FR 30758, 30760 Investigation of High Pressure Steel Cylinders from a List of Surrogate Countries for an Antidumping (June 4, 2007), unchanged in Final Determination the People’s Republic of China: Respondent Duty Investigation of High Pressure Steel Cylinders of Sales at Less Than Fair Value: Coated Free Sheet Selection,’’ (‘‘Respondent Selection Memo’’) dated from the People’s Republic of China (‘China’),’’ Paper from the People’s Republic of China, 72 FR August 25, 2011. dated August 29, 2011 (‘‘Surrogate Country List’’). 60632 (October 25, 2007).

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treat the PRC as an NME country for The Department finds that the selection of selecting a surrogate country.27 Further, purposes of this preliminary the range of economically comparable when selecting a surrogate country, the determination. countries based on absolute GNIs is statute requires the Department to reasonable and consistent with the Act. The consider the comparability of the Surrogate Country Department has a long-standing and predictable practice of selecting merchandise, not the comparability of When the Department is investigating 28 economically comparable countries on the the industry. ‘‘In cases where identical imports from an NME country, section basis of absolute GNI. Moreover, Petitioner merchandise is not produced, the team 773(c)(1) of the Act directs it to base has failed to provide sufficient reasoning to must determine if other merchandise normal value (‘‘NV’’), in most demonstrate why the Department should use that is comparable is produced. How the circumstances, on the NME producer’s relative GNI as a basis for defining economic team does this depends on the subject factors of production (‘‘FOP’’), valued in comparability * * * merchandise.’’ 29 In this regard, the a surrogate market economy (‘‘ME’’) Therefore, the Department does not find Department recognizes that any analysis country or countries considered to be persuasive Petitioner’s argument of comparable merchandise must be appropriate by the Department. In regarding the relative similarity in done on a case-by-case basis: accordance with section 773(c)(4) of the difference in GNI between South Africa In other cases, however, where there are Act, in valuing the FOPs, the and India. Furthermore, we note that in major inputs, i.e., inputs that are specialized Department shall utilize, to the extent Steel Wheels 25 the Department stated: or dedicated or used intensively, in the possible, the prices or costs of FOPs in production of the subject merchandise, e.g., one or more ME countries that are: (1) [U]nless we find that all of the countries processed agricultural, aquatic and mineral At a level of economic development determined to be equally economically products, comparable merchandise should be comparable are not significant producers of identified narrowly, on the basis of a comparable to that of the NME country; comparable merchandise, do not provide a and (2) significant producers of comparison of the major inputs, including reliable source of publicly available surrogate energy, where appropriate.30 comparable merchandise.20 Once the data or are unsuitable for use for other Department has identified the countries reasons, we will rely on data from one of Further, the statute grants the that are economically comparable to the these countries. Department discretion to examine various data sources for determining the PRC, it identifies those countries which Because the Department finds that one best available information.31 Moreover, are significant producers of comparable of these countries meets the selection while the legislative history provides merchandise. From the list of countries criteria, as explained below, the that the term ‘‘significant producer’’ which are both economically Department is not considering India as includes any country that is a comparable and significant producers the primary surrogate country. and the Department will then select a significant ‘‘net exporter,’’ 32 it does not primary surrogate country based upon Producers of Identical or Comparable preclude reliance on additional or whether the data for valuing FOPs are Merchandise alternative metrics. To evaluate this both available and reliable. Section 773(c)(4)(B) of the Act factor we obtained export data using the GTA for HTSUS 7311.00: Containers for Economic Comparability requires the Department to value FOPs in a surrogate country that is a Compressed or Liquefied Gas of Iron or As explained in our Surrogate significant producer of comparable Steel, which is comparable to the Country List, the Department considers merchandise. Neither the statute nor the merchandise under consideration Colombia, Indonesia, the Philippines, Department’s regulations provide because high pressure steel cylinders South Africa, Thailand, and Ukraine all further guidance on what may be fall within this HTSUS category and this comparable to the PRC in terms of merchandise has a similar end-use to 21 considered comparable merchandise. economic development. Therefore, we Given the absence of any definition in scope merchandise. The GTA data consider all six countries as having the statute or regulations, the demonstrate that all six of the countries satisfied this prong of the surrogate Department looks to other sources such identified in the Surrogate Country List country selection criteria.22 Petitioner were exporters of comparable as the Policy Bulletin for guidance on 33 argued that India should also be defining comparable merchandise.26 merchandise during the POI. The considered economically comparable to The Policy Bulletin states that ‘‘the 27 The Policy Bulletin also states that ‘‘if the PRC and considered a potential terms ‘comparable level of economic surrogate country.23 While we recognize considering a producer of identical merchandise development,’ ‘comparable leads to data difficulties, the operations team may Petitioner has challenged the merchandise,’ and ‘significant producer’ consider countries that produce a broader category Department’s reliance on absolute GNI are not defined in the statute.’’ The of reasonably comparable merchandise,’’ at note 6. 28 to establish the list of economically Policy Bulletin further states that ‘‘in all See Sebacic Acid from the People’s Republic of comparable countries, our practice is to China; Final Results of Antidumping Duty cases, if identical merchandise is Administrative Review, 62 FR 65674 (December 15, rely on absolute GNI because, as 1997) and accompanying Issues and Decision 24 produced, the country qualifies as a explained in Magnesium from China. producer of comparable merchandise.’’ Memorandum at Comment 1 (to impose a Conversely, if identical merchandise is requirement that merchandise must be produced by 20 See Import Administration Policy Bulletin the same process and share the same end uses to 04.1: Non-Market Economy Surrogate Country not produced, then a country producing be considered comparable would be contrary to the Selection Process (March 1, 2004) (‘‘Policy comparable merchandise is sufficient in intent of the statute). Bulletin’’) available on the Department’s Web site 29 See Policy Bulletin, at 2. at http://ia.ita.doc.gov/policy/index.html. Antidumping Duty Order, 75 FR 65450 (October 25, 30 See id., at 3. 21 See Surrogate Country List. 2010) and accompanying Issues and Decision 31 See section 773(c) of the Act; Nation Ford 22 See section 773(c)(4)(A) of the Act. Memorandum at Comment 4. Chem. Co. v. United States, 166 F.3d 1373, 1377 23 See Petitioner’s Supplemental Section A 25 See Certain Steel Wheels From the People’s (Fed. Cir. 1999). Response for Beijing Tianhai Industry Co., Ltd.: Republic of China: Notice of Preliminary 32 See Conference Report accompanying H.R. 3, Antidumping Duty Investigation on High Pressure Determination of Sales at Less Than Fair Value, the 1988 Omnibus Trade & Competitiveness Act, H. Steel Cylinders from the People’s Republic of Partial Affirmative Preliminary Determination of Rep. No. 100–576, at 590 (1988) (‘‘Conference China, dated October 14, 2011. Critical Circumstances, and Postponement of Final Report’’). 24 See Magnesium Metal From the People’s Determination, 76 FR 677703 (November 2, 2011) 33 See Petitioner’s High Pressure Steel Cylinders Republic of China: Final Results of the 2008–2009 (‘‘Steel Wheels’’). from the People’s Republic of China; Petitioner’s Antidumping Duty Administrative Review of the 26 See Policy Bulletin. Comments on Selection of Surrogate Country for

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Department notes that India is also an Thailand, Colombia, the Philippines, with the POI, represent a broad-market exporter of comparable merchandise as Indonesia, Ukraine, and South Africa average, from an approved surrogate demonstrated by GTA data, and India is constitute countries that are both country, tax- and duty-exclusive, and also a producer of identical and economically-comparable to the PRC specific to the input. There is no comparable merchandise as evidenced and significant producers of comparable hierarchy among these criteria. It is the by the financial statements which merchandise, the Department looks to Department’s practice to carefully Petitioner has placed on the record. the availability of SV data from these consider the available evidence in light countries to determine whether any of of the particular facts of each industry Significant Producers of Identical or the countries is an appropriate surrogate when undertaking its analysis.39 Comparable Merchandise country. In this case, the record does not With respect to the criterion of being Data Availability contain quality data for Thailand, a significant producer of comparable Colombia, the Philippines, South Africa, merchandise, Petitioner submits that, Petitioner contends that India is the or Indonesia. Accordingly, these for purposes of the Department’s best choice for the surrogate country countries will not be considered for selection of an appropriate surrogate because publicly available information primary surrogate country selection country, India is a producer of identical from Indian sources is readily available purposes at this time. merchandise; that Indonesia, South to value the FOPs used to produce The record does contain data from Africa, Ukraine, the Philippines, identical merchandise.37 Both Petitioner Ukraine. Colombia, and Thailand also are and Respondent provided publicly producers of comparable merchandise; available and contemporaneous Surrogate Country Selection that only India, Thailand, and Indonesia financial statements for Indian For this preliminary determination, are significant producers of comparable producers of identical and comparable the Department has selected Ukraine as merchandise based on global exports.34 merchandise for which the Department the primary surrogate country for Respondent proposed that the is able to calculate overhead, selling, valuing BTIC’s FOPs. We recognize that Department select Ukraine as the general, and administrative expenses Petitioner has challenged the validity of primary surrogate country and India as (‘‘SG&A’’), and profit. the Ukrainian data for the valuation of a secondary surrogate country in this Respondent suggests that Ukraine is blooms and seamless pipes, particularly investigation. Respondent notes that as the best choice for the surrogate country with respect to its carbon level. We the Department included Ukraine in the because publicly available information acknowledge that the Ukrainian SV for Surrogate Country List, the Department from Ukraine sources is readily steel contains a carbon level that is has already found Ukraine comparable available to value the FOPs used to outside the range for the production of in terms of economic development. produce steel cylinders.38 Respondent identical merchandise; however, it is Further, Respondent contends that also contends that there is substantial within the range for the production of Ukraine is a significant producer of Ukrainian data for valuing FOPs that are comparable merchandise. Furthermore, 35 comparable merchandise. publicly available from the Global Trade we note that the Indian HTS categories Respondent also suggests that, Atlas (‘‘GTA’’). Respondent also notes which Petitioner suggests for valuing consistent with its established practice, that contemporaneous information is blooms and tubes are for basket the Department should define available from the International Labor categories that cover a wide range of ‘‘significant producer’’ in this Organization (‘‘ILO’’) that will allow the alloys with numerous elements. The proceeding as a country that has Department to use Ukrainian data to only difference between the Ukrainian produced comparable merchandise value labor costs. As stated above, both HTS and the Respondent’s input is a during the relevant period. Petitioner and Respondent provided certain amount of carbon, which we Consequently, Respondent states that publicly available and contemporaneous have no reason to expect to have a the Department should find that financial statements for Indian significant effect on value. Therefore, Ukraine is a significant producer of producers of identical and comparable we find that Ukraine satisfies the comparable merchandise, based on the merchandise for which the Department Department’s selection criteria: (1) It is data submitted in its comments. is able to calculate overhead, SG&A, and economically comparable with the PRC; As noted above, Colombia, Indonesia, profit. Respondent posits that, for all the (2) it is a significant producer of South Africa, the Philippines, Thailand, above reasons, the Department should comparable merchandise; and (3) the and Ukraine were exporters of select Ukraine as the primary surrogate data required to value BTIC’s FOPs are comparable merchandise (Containers for country and India as a secondary both available on the record and Compressed or Liquefied Gas of Iron or surrogate country because Ukraine best reliable. Steel) during the POI. Further, we note satisfies the requirements pursuant to The Department has not selected that Respondent provided production the statute, the regulations, and the India as the primary surrogate country data from Ukraine of comparable Policy Bulletin. as argued by Petitioner. As we have merchandise, at the six-digit HTSUS When evaluating SV data, the stated in a recent preliminary level under which scope merchandise Department considers several factors determination, ‘‘unless we find that all would be classified, demonstrating including whether the SV data are 36 of the countries determined to be significant production. Because publicly available, contemporaneous equally economically comparable, are not significant producers of comparable Antidumping Investigation, dated September 26, 37 See Petitioner’s High Pressure Steel Cylinders 2011. from the People’s Republic of China; Petitioner’s merchandise, do not provide a reliable 34 See id. Comments on Selection of Surrogate Country for source of publicly available surrogate 35 See Respondent’s First Surrogate Value Antidumping Investigation, dated September 26, data or are unsuitable for use for other Submission for Beijing Tianhai Industry Co., Ltd.: 2011. reasons, we will rely on data from one Antidumping Duty Investigation on High Pressure 38 See Respondent’s First Surrogate Value of these countries.’’ 40 In this instance, Steel Cylinders from the People’s Republic of Submission for Beijing Tianhai Industry Co., Ltd.: China, dated October 24, 2011, at Exhibits 2A and Antidumping Duty Investigation on High 2B and November 14, 2011, at page 3. Pressure Steel Cylinders from the People’s Republic 39 See Policy Bulletin. 36 See id. of China, dated October 24, 2011. 40 See Steel Wheels.

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we find that Ukraine does satisfy the Targeted Dumping Price Comparison Method Department’s criteria for the selection of Targeted Dumping Allegations a primary surrogate country, and as The Department preliminarily has found a pattern of prices for comparable such, resort to an alternative surrogate The statute allows the Department to merchandise that differs significantly by country which is not as economically employ an alternative dumping margin time period (i.e., targeted dumping). In comparable to the PRC as the countries calculation methodology in an AD doing so, the Department finds that the on the Surrogate Country List, is not investigation under the following pattern of price differences identified warranted. circumstances: (1) There is a pattern of cannot be taken into account using the export prices (‘‘EP’’) or constructed The Department normally uses SV standard average-to-average (‘‘A–T–A’’) export prices (‘‘CEP’’) for comparable data which are from a country that is methodology because the A–T–A merchandise that differ significantly economically comparable to the NME methodology conceals differences in among purchasers, regions, or periods of and a significant producer of identical price patterns between the targeted and time; and (2) the Department explains or comparable merchandise, and which non-targeted groups by averaging low- why such differences cannot be taken are on the record and are not otherwise priced sales to the targeted group with into account using the standard average- unsuitable for use. However, in high-priced sales to the non-targeted to-average or transaction-to-transaction exceptional circumstances, the group.46 Thus, the Department finds, methodology.42 Department may be required to include pursuant to section 777A(d)(1)(B) of the surrogate value information from a On October 14, 2011, the Department Act, that application of the standard A– country which is not as economically received Petitioner’s allegations of T–A comparison methodology would comparable as those countries on the targeted dumping by BTIC using the result in the masking of dumping that is Surrogate Country List when the only Department’s targeted dumping test as unmasked by application of the 43 data available on the record of the established in Steel Nails. In its alternative average-to-transaction (‘‘A– proceeding is from such a country. The allegations, Petitioner asserted that there T–T’’) comparison method to all of record of this investigation contains no are patterns of U.S. sales prices for BTIC’s U.S. sales. Accordingly, for this comparable merchandise that differ financial statements for producers of preliminary determination we have significantly during a certain time identical or comparable merchandise applied the alternative A–T–T period. On November 22, 2011, from Ukraine or any of the other methodology to all U.S. sales that BTIC Petitioner amended its targeted 47 countries found to be economically reported. dumping allegation in response to the comparable to the PRC and a significant revised U.S. sales data submitted by Affiliations and Single Entity producer of identical or comparable BTIC. Determinations merchandise. Therefore, the Department has preliminarily determined to use the Targeted Dumping Test Section 771(33) of the Act provides financial statement from Everest Kanto that: We conducted a time-period targeted Cylinders Ltd., an Indian producer of dumping analysis for BTIC using the The following persons shall be considered identical and comparable merchandise, methodology we adopted in Steel Nails to be ‘‘affiliated’’ or ‘‘affiliated persons’’: for calculating the surrogate financial (A) Members of a family, including and most recently articulated in Wood and SG&A ratios, as this is the only brothers and sisters (whether by the whole or Flooring.44 The methodology we contemporaneous financial statement on half blood), spouse, ancestors, and lineal employed involves a two-stage test; the the record of this investigation. A descendants. first stage addresses the pattern (B) Any officer of director of an detailed explanation of the SVs is requirement and the second stage organization and such organization. provided below in the ‘‘Normal Value’’ addresses the significant-difference (C) Partners. section of this notice. requirement.45 In this test, we made all (D) Employer and employee. In accordance with 19 CFR price comparisons on the basis of (E) Any person directly or indirectly 351.301(c)(3)(i), for the final identical merchandise (i.e., by control owning, controlling, or holding with power to vote, 5 percent or more of the outstanding determination in an antidumping duty number or CONNUM). We based all of voting stock or shares of any organization investigation, interested parties may our targeted dumping calculations on and such organization. submit publicly available information to the U.S. net price, which we determined (F) Two or more persons directly or value the FOPs within 40 days after the for U.S. sales by BTIC in our standard indirectly controlling, controlled by, or under date of publication of the preliminary margin calculations. common control with, any person. determination.41 (G) Any person who controls any other 42 See section 777A(d)(1)(B) of the Act. person and such other person. 41 In accordance with 19 CFR 351.301(c)(1), for 43 See Certain Steel Nails from the United Arab the final determination of this investigation, Emirates: Notice of Final Determination of Sales at 46 See Certain Coated Paper Suitable for High- interested parties may submit factual information to Not Less Than Fair Value, 73 FR 33985 (June 16, Quality Print Graphics Using Sheet-Fed Presses rebut, clarify, or correct factual information 2008) (‘‘Steel Nails’’) and accompanying Issues and From the People’s Republic of China: Final submitted by any other interested party less than Decision Memorandum at Comments 1–9; see also Determination of Sales at Less Than Fair Value, 75 ten days before, on, or after, the applicable deadline Proposed Methodology for Identifying and FR 59217 (September 27, 2010) and accompanying for submission of such factual information. Analyzing Targeted Dumping in Antidumping Issues and Decision Memorandum at Comment 3; However, the Department notes that 19 CFR Investigations; Request for Comment, 73 FR 26371 see also Wood Flooring, and accompanying Issues 351.301(c)(1) permits new information only insofar (May 9, 2008). and Decision Memorandum at Comment 4. as it rebuts, clarifies, or corrects information 44 See Steel Nails; see also Multilayered Wood 47 See Wood Flooring, and accompanying Issues recently placed on the record. The Department Flooring From the People’s Republic of China: Final and Decision Memorandum at Comment 4, and generally will not accept the submission of Determination of Sales at Less Than Fair Value, 76 Memorandum to the File, through Matthew Renkey, additional, previously absent-from-the-record FR 64318 (October 18, 2011) (‘‘Wood Flooring’’) and Acting Program Manager, Office 9, from Alan Ray, alternative surrogate value information. See Glycine accompanying Issues and Decision Memorandum at Analysis of the Preliminary Determination of the from the People’s Republic of China: Final Results Comment 4. Antidumping Duty Investigation of High Pressure of Antidumping Duty Administrative Review and 45 See Steel Nails, and accompanying Issues and Steel Cylinders from the People’s Republic of China Final Rescission, in Part, 72 FR 58809 (October 17, Decision Memorandum at Comments 3 and 6; and (‘‘PRC’’): Beijing Tianhai Industry Co., Ltd. 2007) and accompanying Issues and Decision Wood Flooring, and accompanying Issues and (‘‘BTIC’’), dated December 7, 2011 (‘‘BTIC’s Prelim Memorandum (‘‘Glycine Final’’) at Comment 2. Decision Memorandum at Comment 4. Analysis Memo’’).

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Additionally, section 771(33) of the Tianhai, and Tianjin Tianhai are producers to submit a separate rate Act stipulates that: ‘‘For purposes of this affiliated within the meaning of sections status application.57 paragraph, a person shall be considered 771(33)(A) and (F) of the Act. We have considered whether each to control another person if the person Furthermore, we find that BTIC, PRC company that submitted a complete is legally or operationally in a position Langfang Tianhai, and Tianjin Tianhai separate rate application, or a complete to exercise restrain or direction over the should be considered as a single entity section A questionnaire response as a other person.’’ for purposes of this investigation.51 In mandatory respondent, is eligible for a Finally, according to 19 CFR addition to being affiliated, they all have separate rate. Because the Separate Rate 351.401(f)(1) and (2), two or more production facilities for similar or companies may be treated as a single identical products that would not Respondents and BTIC have all stated entity for antidumping duty purposes if: require substantial retooling and there is that they are either joint ventures (1) The producers are affiliated, (2) the a significant potential for manipulation between Chinese and foreign producers have production facilities for of production based on the level of companies, or are wholly Chinese- similar or identical products that would common ownership and control, shared owned companies, the Department must not require substantial retooling of management, and an intertwining of analyze whether these companies can either facility in order to restructure business operations.52 demonstrate that they are sufficiently manufacturing priorities, and (3) there is Because the Department finds that independent through the absence of a significant potential for manipulation BTIC, Langfang Tianhai, and Tianjin both de jure and de facto governmental 48 of price or production. Tianhai are a single entity, the control over export activities. Department is utilizing the aggregate BTIC 1. Absence of De Jure Control FOP database BTIC provided for The record of this investigation purposes of the preliminary demonstrates that BTIC, a producer and The evidence provided by determination, which includes the FOPs exporter of steel cylinders is affiliated Respondent and the Separate Rate used by BTIC, Langfang Tianhai and with American Fortune Company Respondents supports a preliminary Tianjin Tianhai. (‘‘American Fortune’’), Langfang finding of de jure absence of Tianhai High Pressure Container Co., Separate Rates governmental control based on the Ltd. (‘‘Langfang Tianhai’’) and Tianjin following factors articulated in In proceedings involving NME Tianhai High Pressure Container Co., Sparklers: (1) An absence of restrictive countries, there is a rebuttable Ltd. (‘‘Tianjin Tianhai’’), pursuant to presumption that all companies within stipulations associated with the sections 771(33)(A) and (F) of the Act, the country are subject to government individual exporter’s business and based on ownership and common control and thus should be assessed a export licenses; (2) applicable legislative control. American Fortune is a U.S. single AD rate.53 It is the Department’s enactments decentralizing control of the company involved in the sale and policy to assign all exporters of companies; and (3) other formal distribution of the subject merchandise, merchandise subject to investigation in measures by the government and Langfang Tianhai and Tianjin an NME country this single rate unless decentralizing control of companies, Tianhai are both PRC producers of steel an exporter can demonstrate that it is i.e., each Separate Rate Respondents’ cylinders. Evidence of this affiliation sufficiently independent so as to be and mandatory respondent’s response, was provided by BTIC in its entitled to a separate rate.54 However, if dated August 4, 2011, through August questionnaire responses, as well as the Department determines that a 26, 2011, where each individually- ownership/affiliation charts, company is wholly foreign-owned or reviewed or separate-rate respondent organization charts, and business located in a ME country, then a separate licenses/certificates of approval stated that it had no relationship with rate analysis is not necessary to submitted by all four companies, which any level of the PRC government with determine whether that company is are business proprietary data.49 respect to ownership, internal independent from government Additionally, BTIC has claimed management, and business operations. control.55 throughout its numerous questionnaire In the Initiation Notice, the 57 responses that it is affiliated with See Policy Bulletin 05.1: Separate Rates Department notified parties of the Practice and Application of Combination Rates in American Fortune, Langfang Tianhai application process by which exporters Antidumping Investigations involving Non-Market and Tianjin Tianhai, pursuant to the and producers may obtain separate rate Economy Countries (April 5, 2005) (‘‘Policy Department’s regulations and the Bulletin 05.1’’) available at http://ia.ita.doc.gov. status in NME investigations.56 statute. Finally, the companies share The Policy Bulletin 05.1 states, at 6: ‘‘{w}hile process requires exporters and common board members or managers.50 continuing the practice of assigning separate rates only to exporters, all separate rates that the As such, there is significant potential for Department will now assign in its NME 51 See 19 CFR 351.401(f). manipulation of price or production. investigations will be specific to those producers 52 Therefore, we preliminarily determine See 19 CFR 351.401(f)(1) and (2); see BTIC’s that supplied the exporter during the period of supplemental section A response, at 3 through 5. investigation. Note, however, that one rate is that BTIC, American Fortune, Langfang 53 See, e.g., Polyethylene Terephthalate Film, calculated for the exporter and all of the producers Sheet, and Strip from the People’s Republic of which supplied subject merchandise to it during 48 See 19 CFR 351.401(f)(1) and (2). China: Final Determination of Sales at Less Than the period of investigation. This practice applies 49 See BTIC’s Section A Response for Beijing Fair Value, 73 FR 55039, 55040 (September 24, both to mandatory respondents receiving an Tianhai Industry Co., Ltd. Antidumping Duty 2008) (‘‘PET Film’’). individually calculated separate rate as well as the Investigation on High Pressure Steel Cylinders from 54 See, e.g., Final Determination of Sales at Less pool of non-investigated firms receiving the the People’s Republic of China exhibits 11 and 13, Than Fair Value: Sparklers From the People’s weighted-average of the individually calculated dated August 26, 2011; see also BTIC’s Republic of China, 56 FR 20588 (May 6, 1991) rates. This practice is referred to as the application Supplemental Section A Response for Beijing (‘‘Sparklers’’) as amplified by Notice of Final of ‘‘combination rates’’ because such rates apply to Tianhai Industry Co., Ltd.: Antidumping Duty Determination of Sales at Less Than Fair Value: specific combinations of exporters and one or more Investigation on High Pressure Steel Cylinders from Silicon Carbide From the People’s Republic of producers. The cash-deposit rate assigned to an the People’s Republic of China, dated October 13, China, 59 FR 22585 (May 2, 1994) (‘‘Silicon exporter will apply only to merchandise both 2011 (‘‘BTIC’s supplemental section A response’’), Carbide’’), and 19 CFR 351.107(d). exported by the firm in question and produced by at 3 through 5. 55 See, e.g., PET Film. a firm that supplied the exporter during the period 50 See id. 56 See Initiation Notice. of investigation.’’ (emphasis added).

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2. Absence of De Facto Control average of the estimated dumping discussion, see the ‘‘Separate Rate’’ Typically the Department considers margins established for exporters and section above. four factors in evaluating whether each producers individually investigated, Section 776(a)(2) of the Act provides respondent is subject to de facto excluding zero and de minimis margins that, if an interested party: (A) governmental control of its export or margins based entirely on adverse Withholds information that has been 60 functions: (1) Whether the export prices facts available (‘‘AFA’’). In this requested by the Department, (B) fails to are set by or are subject to the approval investigation BTIC has an estimated provide such information in a timely of a governmental agency; (2) whether weighted-average dumping margin manner or in the form or manner the respondent has authority to which is above de minimis and which requested, subject to subsections negotiate and sign contracts and other is not based on total AFA. Therefore, 782(c)(1) and (e) of the Act, (C) agreements; (3) whether the respondent because there is only one relevant significantly impedes a proceeding has autonomy from the government in weighted-average dumping margin for under the antidumping statute, or (D) making decisions regarding the this final determination, we will use the provides such information but the selection of management; and (4) weighted-average of BTIC’s calculated information cannot be verified, the whether the respondent retains the AD margin using the alternative Department shall, subject to subsection proceeds of its export sales and makes methodology, which is 5.08 percent. 782(d) of the Act, use facts otherwise available in reaching the applicable independent decisions regarding Application of Adverse Facts Available, disposition of profits or financing of determination. the PRC-Wide Entity and PRC-Wide Information on the record of this losses.58 The Department has Rate investigation indicates that the PRC- determined that an analysis of de facto Information on the record of this wide entity was unresponsive to the control is critical in determining investigation indicates that there were Department’s requests for information. whether respondents are, in fact, subject more exporters of steel cylinders from Specifically, certain companies did not to a degree of governmental control the PRC than those indicated in the respond to our questionnaires which would preclude the Department response to our request for Q&V requesting Q&V information. As a result, from assigning separate rates. 61 We determine that, for BTIC and the information during the POI. As stated pursuant to section 776(a)(2)(A) of the Separate Rate Respondents, the above, we issued our request for Q&V Act, we find that the use of FA is information to ten potential PRC appropriate to determine the PRC-wide evidence on the record supports a 64 preliminary finding of de facto absence producers/exporters of steel cylinders. rate. Section 776(b) of the Act provides of governmental control based on record While information on the record of this that, in selecting from among the facts statements and supporting investigation indicates that there are otherwise available, the Department documentation showing the following: other producers/exporters of steel may employ an adverse inference if an (1) Each exporter sets its own export cylinders in the PRC, we received only interested party fails to cooperate by not prices independent of the government two timely-filed solicited Q&V acting to the best of its ability to comply and without the approval of a responses. In addition, as noted above, with requests for information.65 We find government authority; (2) each exporter we also received two timely-filed, that, because the PRC-wide entity did retains the proceeds from its sales and unsolicited Q&V responses, which we not respond to our requests for makes independent decisions regarding considered for respondent selection information, it has failed to cooperate to disposition of profits or financing of purposes. Although all producers/ the best of its ability. Therefore, the losses; (3) each exporter has the exporters were given an opportunity to Department preliminarily finds that, in authority to negotiate and sign contracts provide Q&V information, not all selecting from among the FA, an adverse and other agreements; and (4) each producers/exporters provided a inference is appropriate. exporter has autonomy from the response to the Department’s Q&V 62 When employing an adverse government regarding the selection of letter. Therefore, the Department has 59 preliminarily determined that there inference, section 776(b) of the Act management. indicates that the Department may rely The evidence placed on the record of were PRC producers/exporters of steel upon information derived from the this investigation by the mandatory cylinders during the POI that did not petition, the final determination from respondent and the Separate Rate respond to the Department’s request for the LTFV investigation, a previous Respondents demonstrates an absence information. We have treated these PRC administrative review, or any other of de jure and de facto government producers/exporters, as part of the PRC- information placed on the record. The control with respect to each of the wide entity because they did not qualify exporter’s exports of the merchandise for a separate rate.63 For a detailed Sales at Less Than Fair Value, 75 FR 28560 (May under investigation, in accordance with 21, 2010); see also Preliminary Determination of 60 the criteria identified in Sparklers and See section 735(c)(5)(A) of the Act. Sales at Less Than Fair Value, Postponement of Silicon Carbide. As a result, we have 61 See Respondent Selection Memo. Final Determination, and Preliminary Partial preliminarily determined that it is 62 The following eight companies were not Determination of Critical Circumstances: Diamond responsive to the Department’s request for Q&V Sawblades and Parts Thereof From the People’s appropriate to grant the Separate Rate information: Shanghai High Pressure Container Co., Republic of China, 70 FR 77121, 77128 (December Respondents a margin based on the Ltd.; Heibei Baigong Industrial Co., Ltd.; Nanjing 29, 2005), unchanged in Final Determination of experience of the Respondent. Ocean High-Pressure Vessel Co., Ltd.; Qingdao Sales at Less Than Fair Value and Final Partial The separate rate is normally Baigong Industrial and Trading Co., Ltd.; Shandong Affirmative Determination of Critical Huachen High Pressure Vessel Co., Ltd.; Shandong Circumstances: Diamond Sawblades and Parts determined based on the weighted- Province Building High Pressure Vessel Limited Thereof from the People’s Republic of China, 71 FR Company; Sichuan Mingchuan Chengyu Co., Ltd.; 29303 (May 22, 2006). 58 See Silicon Carbide, 59 FR at 22586–87; see and Zhuolu High Pressure Vessel Co., Ltd. 64 See PC Strand Prelim, 74 FR at 68236. also Notice of Final Determination of Sales at Less 63 See, e.g., Prestressed Concrete Steel Wire 65 See also Statement of Administrative Action Than Fair Value: Furfuryl Alcohol From the Strand From the People’s Republic of China: accompanying the Uruguay Round Agreements Act People’s Republic of China, 60 FR 22544, 22545 Preliminary Determination of Sales at Less Than (‘‘URAA’’), H.R. Doc. 103–316, 870 (1994) (‘‘SAA’’); (May 8, 1995). Fair Value, 74 FR 68232, 68236 (December 23, Notice of Final Determination of Sales at Less Than 59 See, e.g., each Separate Rate Respondent’s 2009) (‘‘PC Strand Prelim’’) unchanged in Fair Value: Certain Cold-Rolled Flat-Rolled Carbon- applications submitted between August 4, 2011, Prestressed Concrete Steel Wire Strand From the Quality Steel Products from the Russian Federation, and August 26, 2011. People’s Republic of China: Final Determination of 65 FR 5510, 5518 (February 4, 2000).

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Department’s practice, when selecting our review of BTIC’s individual the date on which the parties agree an AFA rate from among the possible transaction margins affirms that this rate upon all substantive terms of the sale. sources of information, has been to is not unusual in terms of transaction This normally includes the price, ensure that the margin is sufficiently quantities—there are significant quantity, delivery terms and payment adverse ‘‘as to effectuate the statutory numbers of sales with quantities similar terms.76 purposes of the AFA rule to induce to that in the underlying transaction.71 A. EP respondents to provide the Department The fact that BTIC has a number of other with complete and accurate information transaction-specific margins very close BTIC reported its date of sale based on in a timely manner.’’ 66 As guided by the to its highest transaction-specific margin the date BTIC issued an invoice to the SAA, the information used as AFA of 26.23 percent further demonstrates unaffiliated United States customer. No should ensure an uncooperative party that this margin is not aberrational.72 information on the record demonstrated does not benefit by failing to cooperate The rate is otherwise reasonable because that some other date better reflected the than if it had cooperated fully.67 It is the it represents an actual rate at which a date on which the material terms of sale Department’s practice to select, as AFA, cooperating respondent sold the subject were established. Therefore, consistent the higher of the: (a) Highest margin merchandise during the POI. When the with 19 CFR 351.401(i), the Department alleged in the petition; or (b) the highest AFA rate is based upon sales from the has preliminary determined that the calculated rate of any respondent in the POI, it is supported by substantial invoice date should be used as the date investigation.68 As AFA, we have evidence.73 If during the POI, the of sale for EP sales.77 For the final preliminarily assigned a rate of 26.23 cooperating respondent sold the subject results, the Department intends to seek percent to the PRC-wide entity, the merchandise at the rate the Department additional information concerning the highest transaction-specific rate selected, the Department may date of sale of BTIC’s EP sales. 69 calculated for BTIC. In this instance, reasonably determine that an B. CEP for the reasons discussed below, we uncooperative respondent could have believe that it is a reasonable exercise of made all of its sales at the same rate. BTIC reported that the date of sale the Department’s discretion to select an was determined by the contract signed Therefore, we have determined that 78 AFA rate based on data in the BTIC’s transaction-specific margin of between its affiliated importer and its investigation, instead of relying on 26.23 percent, based on data in the unaffiliated U.S. customer and provided evidence confirming that the contract secondary information. current investigation, is not aberrational date was in fact the date of sale for CEP In selecting this particular and is a reasonable AFA rate for the sales, as the material terms of sale were transaction-specific margin to use as the PRC-wide entity for this preliminary set at that time. Therefore, the AFA rate, the Department analyzed the determination. The PRC-wide entity rate Department has preliminarily underlying transaction resulting in the applies to all entries of steel cylinders determined that BTIC met its burden to 26.23 percent dumping margin and except for entries from BTIC and the establish that contract date, rather than affirmed that this rate is neither unusual three other producers/exporters invoice date, should be used as the date in terms of transaction quantities nor receiving a separate rate. otherwise aberrational.70 Some of this of sale for CEP sales. Date of Sale analysis includes business proprietary Fair Value Comparisons information and, as a result, is 19 CFR 351.401(i) states that, ‘‘{i}n To determine whether sales of steel contained in BTIC’s Prelim Analysis identifying the date of sale of the Memo, at Attachment 4. In summary, cylinders to the United States by BTIC merchandise under consideration or were made at LTFV, we compared EPs foreign like product, the Secretary and/or CEPs to NV, as described in the 66 See Notice of Final Determination of Sales at normally will use the date of invoice, as ‘‘U.S. Price,’’ and ‘‘Normal Value’’ Less Than Fair Value and Final Negative Critical recorded in the exporter or producer’s Circumstances: Carbon and Certain Alloy Steel sections of this notice. Specifically, we Wire Rod from , 67 FR 55792, 55796 (August records kept in the ordinary course of compared NV to weighted-average EPs 30, 2002); see also Notice of Final Determination of business.’’ Additionally, the Secretary and/or CEPs in accordance with section Sales at Less Than Fair Value: Static Random may use a date other than the date of Access Memory Semiconductors From Taiwan, 63 777A (d)(1) of the Act. FR 8909, 8932 (February 23, 1998). invoice if the Secretary is satisfied that 67 See SAA at 870. a different date better reflects the date U.S. Price 68 See, e.g., Preliminary Determination of Sales at on which the exporter or producer A. EP Less Than Fair Value and Partial Affirmative establishes the material terms of sale.74 Determination of Critical Circumstances: Certain The Court of International Trade (‘‘CIT’’) In accordance with section 772(a) of Polyester Staple Fiber from the People’s Republic of has stated, ‘‘a party seeking to establish the Act, we based the U.S. price for China, 71 FR 77373, 77377 (December 26, 2006), certain BTIC sales on EP because the unchanged in Final Determination of Sales at Less a date of sale other than invoice date Than Fair Value and Partial Affirmative bears the burden of producing sufficient first sale to an unaffiliated purchaser Determination of Critical Circumstances: Certain evidence to ‘‘’satisfy’ the Department was made prior to importation, and the Polyester Staple Fiber from the People’s Republic of that ‘a different date better reflects the use of CEP was not otherwise China, 72 FR 19690 (April 19, 2007). warranted. We calculated EP based on 69 date on which the exporter or producer See Certain Stainless Steel Butt-Weld Pipe the packed prices to unaffiliated Fittings from Taiwan: Final Results and Final establishes the material terms of Rescission in Part of Antidumping Duty sale.’ ’’ 75 The date of sale is generally Administrative Review, 74 FR 66620 (December 16, 76 See, e.g., Notice of Final Determination of Sales 2009), and accompanying Issues and Decision at Less Than Fair Value: Certain Cold-Rolled Flat- 71 Memorandum at Comment 1. See id. Rolled Carbon-Quality Steel Products from Turkey, 72 70 See, e.g., Certain Lined Paper Products from See id at 81–82. 65 FR 15123 (March 21, 2000) and accompanying India: Notice of Final Results of Antidumping Duty 73 See Shanghai Taoen Int’l Trading Co. v. United Issues and Decision Memorandum at Date of Sale, Administrative Review, 75 FR 7563 (February 22, States, 360 F. Supp. 2d 1339, 1348 (Ct. Int’l Trade Comment 1. 2010) and the accompanying Issues and Decision 2005). 77 See BTIC’s Section A Response for Beijing Memorandum; Hyundai Elec. Indus. Co., Ltd. v 74 See 19 CFR 351.401(i); see also Allied Tube & Tianhai Industry Co., Ltd. Antidumping Duty United States, 395 F. Supp. 2d 1231, 1235–36 (Ct. Conduit Corp. v. United States, 132 F. Supp. 2d Investigation on High Pressure Steel Cylinders from Int’l Trade 2005); F.lii Di Cecco Di Filippo Fara S. 1087, 1090 (CIT 2001) (quoting 19 CFR 351.401(i)) the People’s Republic of China at page 21, dated Martino S.p.A v. United States, 216 F.3d 1027, 1032 (‘‘Allied Tube’’). August 26, 2011. (Fed. Cir 2000). 75 See Allied Tube, 132 F. Supp. 2d at 1090–1092. 78 American Fortune.

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purchasers in, or for exportation to, the price, all of which relate to commercial For this preliminary determination, United States. We made deductions, as activity in the United States. In we used Ukrainian import statistics to appropriate, for any movement expenses addition, pursuant to section 772(d)(3) calculate SVs for the mandatory (e.g., foreign inland freight from the of the Act, we made an adjustment to respondent’s FOPs (direct materials, plant to the port of exportation, the starting price for CEP profit. We including steel tubes, steel billets, and domestic brokerage, etc.) in accordance based movement expenses on either SVs certain energy FOPs, and packing with section 772(c)(2)(A) of the Act. We if the expense was paid to an NME materials). In selecting the best available based these movement expenses on SVs company in RMB, actual expenses, or an information for valuing FOPs in where a PRC company provided the average of the two.81 accordance with section 773(c)(1) of the service and was paid in Renminbi Act, the Department’s practice is to Normal Value (‘‘RMB’’) (see ‘‘Factor Valuation select, to the extent practicable, SVs Methodology’’ section below for further Section 773(c)(1) of the Act provides which are non-export average values, discussion).79 that the Department shall determine the most contemporaneous with the POI, NV using a FOP methodology if the product-specific, and tax-exclusive.84 B. CEP merchandise is exported from an NME Furthermore, with regard to the In accordance with section 772(b) of and the information does not permit the Ukrainian import-based SVs, we have the Act, we based the U.S. price for calculation of NV using home-market disregarded import prices that we have some of BTIC’s sales on CEP because prices, third-country prices, or reason to believe or suspect may be certain sales to an unaffiliated customer constructed value under section 773(a) subsidized. We have reason to believe or were made by this respondent’s of the Act. The Department bases NV on suspect that prices of inputs from respective U.S. affiliate.80 In accordance the FOP because the presence of Indonesia, India, Thailand and South with section 772(a) of the Act, CEP is government controls on various aspects Korea may have been subsidized the price at which the subject of NMEs renders price comparisons and because we have found in other merchandise is first sold (or agreed to be the calculation of production costs proceedings that these countries sold) in the United States before or after invalid under the Department’s normal maintain broadly available, non- the date of importation by or for the methodologies.82 industry-specific export subsidies.85 account of the producer or exporter of Factor Valuation Methodology Therefore, it is reasonable to infer that such merchandise or by a seller all exports to all markets from these affiliated with the producer or exporter, In accordance with section 773(c) of countries may be subsidized.86 Further, to a purchaser not affiliated with the the Act, we calculated NV based on FOP guided by the legislative history, it is producer or exporter, as adjusted under data reported by BTIC for the POI. To the Department’s practice not to subsections (c) and (d) of section 772 of calculate NV, we multiplied the conduct a formal investigation to ensure the Act. In accordance with section reported per-unit factor-consumption that such prices are not subsidized.87 772(a) of the Act, we used CEP for a rates by publicly available SVs (except portion of BTIC’s U.S. sales because the as discussed below). In selecting the 84 See, e.g., Notice of Preliminary Determination first sale to an unaffiliated customer was SVs, among other criteria, we of Sales at Less Than Fair Value, Negative made by BTIC’s U.S. affiliate. considered the quality, specificity, and Preliminary Determination of Critical contemporaneity of the data. As Circumstances and Postponement of Final We calculated CEP for BTIC based on Determination: Certain Frozen and Canned delivered prices to unaffiliated appropriate, we adjusted input prices by Warmwater Shrimp From the Socialist Republic of purchasers in the United States. We including freight costs to make them Vietnam, 69 FR 42672, 42683 (July 16, 2004), made deductions from the U.S. sales delivered prices. Specifically, we added unchanged in Final Determination of Sales at Less to Ukrainian SVs a surrogate freight cost Than Fair Value: Certain Frozen and Canned price, where applicable, for movement Warmwater Shrimp From the Socialist Republic of expenses in accordance with section using the shorter of the reported Vietnam, 69 FR 71005 (December 8, 2004). 772(c)(2)(A) of the Act. These included distance from the domestic supplier to 85 See, e.g., Certain Cut-to-Length Carbon Quality such expenses as foreign inland freight the factory or the distance from the Steel Plate from Indonesia: Final Results of from the plant to the port of exportation, nearest seaport to the factory where Expedited Sunset Review, 70 FR 45692 (August 8, 2005), and accompanying Issues and Decision international freight, marine insurance, appropriate. This adjustment is in Memorandum at 4; Carbazole Violet Pigment 23 other U.S. transportation, U.S. customs accordance with the Court of Appeals From India; Expedited Five-year (Sunset) Review of duty, U.S. inland freight from port to the for the Federal Circuit’s decision in the Countervailing Duty Order, 75 FR 13257 (March warehouse, and U.S. inland freight from Sigma Corp. v. United States, 117 F.3d 19, 2010), and accompanying Issues and Decision 83 Memorandum at 4–5; Corrosion-Resistant Carbon the warehouse to the customer. In 1401, 1407–08 (Fed. Cir. 1997). Steel Flat Products From the Republic of Korea: accordance with section 772(d)(1) of the Final Results of Countervailing Duty Administrative Act, the Department deducted credit 81 For details regarding our CEP calculations, see Review, 74 FR 2512 (January 15, 2009), and expenses, inventory carrying costs and BTIC’s Prelim Analysis Memo. See also accompanying Issues and Decision Memorandum at Memorandum to the File, through Matthew Renkey, 17, 19–20; Final Affirmative Countervailing Duty indirect selling expenses from the U.S. Acting Program Manager, Office 9, through Emeka Determination: Certain Hot-Rolled Carbon Steel Flat Chukwudebe, Antidumping Duty Investigation of Products From Thailand, 66 FR 50410 (October 3, 79 For details regarding our EP calculations, see High Pressure Steel Cylinders from the People’s 2001), and accompanying Issues and Decision BTIC’s Prelim Analysis Memo. Republic of China (‘‘PRC’’): Surrogate Values Memorandum at 23. 80 Respondent reported that its respective affiliate (‘‘SVs’’) for the Preliminary Determination (‘‘Prelim 86 See Notice of Final Determination of Sales at in the United States performed sales functions such SV Memo’’). Less Than Fair Value and Negative Final as: sales negotiation, issuance of invoices and 82 See, e.g., Preliminary Determination of Sales at Determination of Critical Circumstances: Certain receipt of payment from the ultimate U.S. customer Less Than Fair Value, Affirmative Critical Color Television Receivers From the People’s during the POI, citing Glycine From the People’s Circumstances, In Part, and Postponement of Final Republic of China, 69 FR 20594 (April 16, 2004) Republic of China: Preliminary Results of Determination: Certain Lined Paper Products From and accompanying Issues and Decision Antidumping Duty Administrative Review and the People’s Republic of China, 71 FR 19695 (April Memorandum at Comment 7. Preliminary Rescission, in Part, 72 FR 18457 (April 17, 2006), unchanged in Final Determination of 87 See Conference Report, at 590; see also 12, 2007) unchanged in Glycine Final (where the Sales at Less Than Fair Value, and Affirmative Preliminary Determination of Sales at Less Than Department stated that ‘‘we based U.S. price for Critical Circumstances, in Part: Certain Lined Paper Fair Value and Postponement of Final certain sales on CEP in accordance with section Products From the People’s Republic of China, 71 Determination: Coated Free Sheet Paper From the 772(b) of the Act, because sales were made by FR 53079 (September 8, 2006). People’s Republic of China, 72 FR 30758 (June 4, Nantong Donchang’s U.S. affiliate, Wavort, Inc. 83 A detailed description of all SVs used can be 2007), unchanged in Final Determination of Sales {‘‘Wavort’’} to unaffiliated purchasers.’’). found in the Prelim SV Memo. at Less Than Fair Value: Coated Free Sheet Paper

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Rather, the Department bases its 6A: Labor Cost in Manufacturing, from calculation methodology is provided in decision on information that is available the International Labor Organization the Prelim SV Memo. to it at the time it makes its (ILO) Yearbook of Labor Statistics To value factory overhead, selling, 92 determination. Additionally, consistent (Yearbook). There are no Chapter 6A general, and administrative expenses, with our practice, we disregarded prices labor data available for Ukraine, and profit, we relied on the from NME countries and excluded pertaining to the industry specific to unconsolidated financial statement from imports labeled as originating from an subject merchandise. In Labor Everest Kanto Cylinders Ltd., a producer ‘‘unspecified’’ country from the average Methodologies, the Department of identical merchandise located in value, because the Department could explained that, ‘‘if there is no industry- India. While India is not the primary not be certain that they were not from specific data available for the surrogate surrogate country, this financial either an NME country or a country country within the primary data source, 88 statement is the only one from a with general export subsidies. i.e., ILO Chapter 6A data, the producer of comparable or identical Therefore, we have not used prices from Department will then look to national merchandise on the record, and is these countries either in calculating the data for the surrogate country for contemporaneous with the POI. For Ukrainian import-based SVs or in calculating the wage rate.’’ 93 The latest further details regarding the calculation calculating ME input values.89 year for which ILO Chapter 6A reports of the surrogate financial rations, see the Previously, the Department used national data for Ukraine is 2006. The Prelim SV Memo. regression-based wages that captured most current and publicly available the worldwide relationship between per national data for industrial wages in Currency Conversion capita GNI and hourly manufacturing Ukraine is reported, however, by the wages, pursuant to 19 CFR State Statistics Service of Ukraine, a We made currency conversions into 351.408(c)(3), to value the respondent’s government entity, at http:// U.S. dollars, in accordance with section cost of labor. However, on May 14, www.ukrstat.gov.ua/. We find that this 773A(a) of the Act, based on the 2010, the Court of Appeals for the information constitutes the best exchange rates in effect on the dates of Federal Circuit (‘‘CAFC’’), in Dorbest available information on the record the U.S. sales as certified by the Federal Ltd. v. United States, 604 F.3d 1363, because it is contemporaneous with the Reserve Bank. 1372 (Fed. Cir. 2010) (‘‘Dorbest’’), POR and, thus, more accurately Verification invalidated 19 CFR 351.408(c)(3). As a reflective of actual wages in Ukraine. consequence of the CAFC’s ruling in Therefore, for the preliminary As provided in section 782(i)(1) of the Dorbest, the Department no longer relies determination, we calculated the labor Act, we intend to verify the information on the regression-based wage rate inputs using the data for average upon which we will rely in making our methodology described in its monthly industrial wages prevailing final determination. regulations. during the POI in Ukraine, On June 21, 2011, the Department corresponding to ‘‘Manufacturing’’ Combination Rates revised its methodology for valuing the economic sector. For the preliminary labor input in NME antidumping determination, the calculated industry- In the Initiation Notice, the proceedings.90 In Labor Methodologies, specific wage rate is 13.09 UAH/hour. Department stated that it would the Department explained that the best Because these data do not reflect the calculate combination rates for certain methodology to value the labor input is indirect costs reflected in Chapter 6A respondents that are eligible for a 95 to use industry-specific labor rates from data, we find that the facts and separate rate in this investigation. the primary surrogate country.91 information on the record do not Preliminary Determination Additionally, the Department warrant or permit an adjustment to the determined that the best data source for surrogate financial statements.94 A more The weighted-average dumping industry-specific labor rates is Chapter detailed description of the wage rate margins are as follows:

Weighted-average Exporter Producer margin (percent)

Beijing Tianhai Industry Co., Ltd ...... Langfang Tianhai High Pressure Container Co., Ltd ...... 5.08 Beijing Tianhai Industry Co., Ltd ...... Tianjin Tianhai High Pressure Container Co., Ltd ...... 5.08 Beijing Tianhai Industry Co., Ltd ...... Beijing Tianhai Industry Co., Ltd ...... 5.08 Shanghai J.S.X. International Trading Corporation ...... Shanghai High Pressure Special Gas Cylinder Co., Ltd ...... 5.08 Zhejiang Jindun Pressure Vessel Co., Ltd ...... Zhejiang Jindun Pressure Vessel Co., Ltd ...... 5.08 Shijiazhuang Enric Gas Equipment Co., Ltd ...... Shijiazhuang Enric Gas Equipment Co., Ltd ...... 5.08

PRC–Wide Rate 96 26.23

from the People’s Republic of China, 72 FR 60632 89 See id. 95 See Initiation Notice; Policy Bulletin 05.1. (October 25, 2007). 90 See Antidumping Methodologies in 96 The PRC–Wide entity includes: Shanghai High 88 See Notice of Preliminary Determination of Proceedings Involving Non-Market Economies: Pressure Container Co., Ltd.; Heibei Baigong Sales at Less Than Fair Value and Postponement Valuing the Factor of Production: Labor, 76 FR Industrial Co., Ltd.; Nanjing Ocean High-Pressure of Final Determination: Chlorinated Isocyanurates 36092 (June 21, 2011) (‘‘Labor Methodologies’’). Vessel Co., Ltd.; Qingdao Baigong Industrial and From the People’s Republic of China, 69 FR 75294, 91 See Labor Methodologies, 76 FR at 36093. Trading Co., Ltd.; Shandong Huachen High Pressure 75301 (December 16, 2004), unchanged in Notice of 92 See Labor Methodologies, 76 FR at 36093– Vessel Co., Ltd.; Shandong Province Building High Final Determination of Sales at Less Than Fair 36094. Pressure Vessel Limited Company; Sichuan Value: Chlorinated Isocyanurates From the People’s 93 See id. at 36094 n. 11. Mingchuan Chengyu Co., Ltd. and; Zhuolu High Republic of China, 70 FR 24502 (May 10, 2005). 94 See id. at 36094. Pressure Vessel Co., Ltd.

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Disclosure Public Comments DEPARTMENT OF COMMERCE Case briefs or other written comments We will disclose the calculations International Trade Administration performed within five days of the date may be submitted to the Assistant Secretary for Import Administration no of publication of this notice to parties in U.S. Automotive Parts and later than seven days after the date on this proceeding in accordance with 19 Components Business Development CFR 351.224(b). which the final verification report is issued in this proceeding and rebuttal Mission to Russia Suspension of Liquidation briefs, limited to issues raised in case AGENCY: International Trade In accordance with section 733(d) of briefs, may be submitted no later than five days after the deadline date for case Administration, Department of the Act, we will instruct CBP to suspend Commerce. liquidation of all entries of steel briefs. See 19 CFR 351.309. A table of cylinders from the PRC as described in contents, list of authorities used and an ACTION: Notice. the ‘‘Scope of Investigation’’ section, executive summary of issues should accompany any briefs submitted to the entered, or withdrawn from warehouse, Mission Description for consumption from BTIC, the Department. This summary should be Separate-Rate Respondents, and the limited to five pages total, including The U.S. Department of Commerce, PRC-wide entity on or after the date of footnotes. International Trade Administration, In accordance with section 774 of the publication of this notice in the Federal U.S. and Foreign Commercial Service Act, we will hold a public hearing, if Register. Additionally, we will instruct (CS), is organizing an Automotive Parts requested, to afford interested parties an CBP to require an antidumping cash and Components Business Development opportunity to comment on arguments deposit or the posting of a bond for each raised in case or rebuttal briefs. Mission to Russia on April 23–28, 2012. entry equal to the weighted-average Interested parties, who wish to request Led by a senior Department of amount by which the NV exceeds U.S. a hearing, or to participate if one is Commerce official, this mission is price, as indicated above.97 requested, must submit a written designed to provide an opportunity to We will instruct CBP to require a cash request to the Assistant Secretary for explore Russia’s rapidly expanding car deposit or the posting of a bond equal Import Administration, U.S. Department and truck assembly market to a diverse to the weighted-average amount by of Commerce, filed electronically using cross section of companies selling goods which the normal value exceeds U.S. Import Administration’s Antidumping and services into the automotive sector, price, as follows: (1) The rate for the and Countervailing Duty Centralized including but not limited to: exporter/producer combinations listed Electronic Service System (‘‘IA components for vehicle manufacture, in the chart above will be the rate we ACCESS’’). An electronically filed replacement parts, aftermarket products, have determined in this preliminary document must be received successfully repair equipment, capital equipment determination; (2) for all PRC exporters in its entirety by the Department’s used for vehicle manufacture, testing of subject merchandise which have not electronic records system, IA ACCESS, equipment, and software and received their own rate, the cash-deposit by 5 p.m. Eastern Standard Time (ET) engineering services. rate will be the PRC-wide rate; and (3) within 30 days after the date of for all non-PRC exporters of subject publication of this notice. See 19 CFR Mission participants will benefit from merchandise which have not received 351.310(c). Requests should contain the expert briefings on the Russian market their own rate, the cash-deposit rate will party’s name, address, and telephone as well as on current developments in be the rate applicable to the PRC number, the number of participants, and Russia’s emerging auto sector. The exporter/producer combination that a list of the issues to be discussed. If a mission program will include supplied that non-PRC exporter. These request for a hearing is made, we will opportunities to meet key Russian suspension of liquidation instructions inform parties of the scheduled date for Government officials and will remain in effect until further notice. the hearing which will be held at the decisionmakers, one-on-one meetings International Trade Commission U.S. Department of Commerce, 14th with potential business partners and site Notification Street and Constitution Avenue NW., visits to automotive assembly plants and Washington, DC 20230, at a time and component manufacturers. The U.S. and In accordance with section 733(f) of location to be determined. See 19 CFR Foreign Commercial Service is targeting the Act, we will notify the ITC of our 351.310. Parties should confirm by a minimum of 15 and a maximum of 20 preliminary affirmative determination of telephone the date, time, and location of U.S. companies. sales at less than fair value. Section the hearing. 735(b)(2) of the Act requires the ITC to We will make our final determination Commercial Setting make its final determination as to no later than 135 days after the date of whether the domestic industry in the publication of this preliminary During Soviet times, average citizens United States is materially injured, or determination, pursuant to section spent years on waiting lists for the 4 or threatened with material injury, by 735(a)(2) of the Act. 5 models of available cars, most based reason of imports of steel cylinders, or This determination is issued and on 1960s technology. Quality control sales (or the likelihood of sales) for published in accordance with sections was minimal. importation, of the steel cylinders 733(f) and 777(i)(1) of the Act. In 2010, automobile ownership in within 45 days of our final Dated: December 7, 2011. Russia—a country of 140 million determination. Christian Marsh, consumers—grew to more than 244 Acting Assistant Secretary for Import vehicles per 1,000 inhabitants, 70% 97 See, e.g., Notice of Final Determination of Sales Administration. higher than the 2001 rate of 140 vehicles at Less Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 67306, 67307 (November 17, [FR Doc. 2011–32195 Filed 12–14–11; 8:45 am] per 1,000 inhabitants. This compares to 2007). BILLING CODE 3510–DS–P

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around 850 cars for every 1,000 modified version of the Sebring vehicles and currently produces two Americans. Sales of cars and trucks in sedan—rolled off the assembly line models—Ford Focus and Ford Mondeo. Russia are currently growing at an October 31, 2010. The factory continues In 2010, the Ford Focus was Russia’s annual rate of 30 percent. to produce the popular Gazelle line of most popular foreign car, and its 5th top Approximately 34 million cars are on light trucks and minivans, and the seller overall. Assembled in Russia from Russian roads today, of which 14 company also produces general purpose foreign-made parts and with a sticker million are foreign brands. heavy trucks that are used in a variety price of $16,000–$25,000, the Russian- While sales of Russian automobiles of industries. made Ford Focus is significantly less declined in 2008, due to the world-wide UAZ in Ulyanovsk produces light expensive than the price of similar financial crisis and recession, car sales utility and military vehicles. The UAZ– imports. Consequently, Ford is working have picked up again as the Russian 469 all terrain vehicle was the standard with local components manufacturers to economy recovers. In 2010, Russian off-road vehicle for the Soviet armed develop their capabilities as suppliers, customers purchased 1.9 million cars. forces and was used by armies around and is encouraging Western This figure includes 646,000 new the world due to its reputation for manufacturers to consider establishing Russian cars and 1.25 million foreign reliability and ease of maintenance. facilities in Russia. In February 2011, cars, both imported and produced in Today, the company’s UAZ Hunter is a Ford announced its intention to form a Russia. Importers forecast continued successor vehicle to the 469 made for joint venture with Sollers OJSC to rapid growth of approximately 20 the consumer market, and it has also produce cars in Russia under the Ford percent in 2011. If these trends introduced the UAZ Patriot—a mid-size nameplate. This proposed joint venture continue, most experts project Russia SUV with an economical price. UAZ will produce cars under the Ford brand will be the largest automotive market in produced 49,000 vehicles in 2010. at the Ford plant outside St. Petersburg Europe in the next few years. Russia’s largest automotive and at Sollers’s plant in Tartarstan. It Prior to the global financial crisis that corporation KAMAZ is ranked 13th will also produce engines; operate a started in 2008, Russia’s economy was among the world’s heavy truck stamping facility that will provide a growing at a healthy pace. Annual GDP producers and is number 8 in the higher level of local parts content for growth averaged 7.5 percent from 2001– production of diesel engines. Its trucks Ford vehicles built in Russia; and 2007. In 2008 and 2009, Russia have won the Dakar Rally a record 10 establish research and development experienced negative GDP growth. times. It is the largest manufacturer of activities. However, Russia’s economy began to heavy trucks in the former Soviet In addition to Ford and GM, major grow again in late 2010, experiencing Union. Its massive factory in international OEMs have made GDP growth of 3.8% in the last two Naberezhny Chelny, Tatarstan has significant investments in St. Petersburg quarters of 2010. Economists now production capacity for over 100,000 and surrounding Leningrad Oblast, forecast Russia’s economy, supported by vehicles. The company’s diesel engine turning it into a new automotive higher prices for oil, gas and raw plants include wholly-owned subsidiary assembly ‘‘cluster.’’ , Toyota and materials, to continue growing at around Kamaz-Diesel and Cummins-Kama, a Hyundai opened new plants in St. 4% annually in the near term. joint venture with the U.S. company Petersburg or in Leningrad oblast Russia’s giant auto plants remained Cummins. between 2007 and 2009. Toyota’s largely unaffected by the economic Foreign automakers have taken notice facility, located near the GM plant in turmoil that followed the collapse of the of the Russian automotive market’s Shushary, was built in 2009, and has a Soviet Union. During the inflationary potential for significant growth and are capacity of 50,000 vehicles. It currently 1990s, auto parts became a valuable building assembly plants to meet the produces the Toyota Camry. Nissan barter commodity. As the Russian increasing Russian demand for high opened its 50,000 vehicle plant to market opened to imports, the few quality automobiles. has produce the Nissan X-Trail and the wealthy Russians able to afford a $335 million plant in Togliatti, a joint Nissan Teanna in St. Petersburg’s imported vehicles opted for new foreign venture with Russian auto giant Kamenka district in 2009. Hyundai is cars. At the same time, imported used AvtoVaz that produces an inexpensive the latest arrival. It opened its 100,000 cars began to compete with new Russian SUV, under the Chevrolet—Niva brand, car plant also in the Kamenka district in cars in the rapidly expanding mass which is based on an AvtoVaz-designed 2010 to produce the Solaris, a sub- market. The financial crisis of 1998 and platform. The GM/AvtoVaz joint compact car designed specifically for the significant devaluation of the venture manufactures 60,000 vehicles the Russian market. Significantly, Russian ruble made imports more for the Russian market and for export Hyundai has also brought with it a expensive and thus provided a stimulus through AvtoVaz’s dealerships number of Korean automotive suppliers to Russian manufacturers. throughout the former Soviet Union and that will help it to meet Russian Russia’s auto industry has largely GM’s distribution network. GM’s newest government demands for increased been centered in the city of Togliatti in plant was built in St. Petersburg in localization of foreign automotive the Samara region and in Nizhny 2008. It has a production capacity of assembly in Russia. Novgorod. The giant AvtoVaz factory, 50,000 cars, and currently produces four Investments by European one of Russia’s largest industrial models: two SUVs—Chevrolet Captiva manufacturers have also created another enterprises, is located in the city of and Opel Antara—and two sedans— automotive ‘‘cluster’’ in Kaluga. Togliatti. The plant reported output of Chevrolet Cruze and Opel Astra. has invested more 517,000 cars in 2010 and accounted for Both GM and AvtoVaz have an than 500 million Euro in its 150,000 30 percent of Russia’s automotive interest in working with the more than capacity plant where it produces the output. AvtoVaz produces cars in the 200 automotive component Volkswagen Passat and the Skoda $5,000 to $15,000 range for the Russian manufacturer suppliers in the Samara Octavia. ’s truck assembly plant, market and exports about 8% of its region to improve the quality of their which opened in 2009, has an annual output to the former Soviet republics. products and upgrade their technology. capacity of 10,000 Volvo and 5,000 The GAZ plant in Nizhny Novgorod Ford opened its first assembly plant trucks. PSA Peugeot Citroen has ceased production of passenger in Russia in 2002 near St. Petersburg. opened its plant in March 2010 to build vehicles. The last Volga Sibir—a The plant has a capacity of 125,000 Peugeot 308s for the Russian market, as

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well as Citroen and Mitsubishi brand Mission Goals best satisfy the selection criteria as cars. The U.S. Automotive Parts and outlined below. A minimum of 15 There are also a number of smaller Components Business Development companies and a maximum of 20 international automotive ventures in Mission to Russia will provide U.S. companies will be selected to Russia. In the Russian ‘‘exclave’’ of original equipment parts manufacturers participate in the mission from the Kaliningrad, the Autotor joint venture a timely, efficient and cost effective applicant pool. with KIA and BMW assembled 170,211 opportunity to explore current business Fees and Expenses cars in 2010 and plans to assemble prospects in Russia. 240,000 in 2011. In Taganrog, Tagas is After a company has been selected to assembling several Hyundai models: Mission Scenario participate in the mission, a The Accent and Sonata sedans, the The Mission program will begin in participation fee paid to the U.S. Porter LCV and Aerotown and County Moscow and include site visits and Department of Commerce is required. buses. Tagas produced 31,000 vehicles consultations in St. Petersburg and in The participation fee for one company in 2010, and plans to double production Samara and Togliatti. In addition to representative will be $4,952 for small to 60,000 in 2011. Scania’s plant in St. market briefings by industry experts, or medium-sized enterprises (SME) 1 Petersburg has capacity to produce mission members will have the and $5,701 for large companies, which 1,500 trucks per year. opportunity to meet key Russian will cover one representative.2 The fee Western tire makers are also operating Government officials responsible for for each additional firm representative in Russia. The French Michelin built a formulating and implementing the (large firm or SME) is $1,220. The plant outside Moscow in 2004 that government’s automotive industry participation fee covers all in-country makes 2 million tires per year. Finland’s policies and plans and for one-on-one travel—airport transfers and bus Nokian Tyres is expanding its plant near meetings with potential business transportation to/from group meetings St. Petersburg to produce 10 million partners that match their market and site visits, train fare from Moscow tires per year by the end of 2011. interests. to St. Petersburg, airfare from St. Goodyear has a joint venture with a Petersburg to Samara and from Samara Timetable Russian tire maker in Yaroslavl and has back to Moscow, as well as one-on-one explored building a tire factory there. Sunday, April 22, Moscow, Russia meetings with potential Russian Michelin’s plant was built with the help Arrive Moscow, evening: Welcome business partners. The Commercial of a $20 million investment from the event. Service will assist in booking hotels at EBRD, which has targeted the Russian Monday, April 23, Moscow, Russia favorable rates, but lodging costs, meals automotive sector for strategic Briefings/Presentations/Meetings with and incidental expenses will be the investment. key Russian and American responsibility of each mission Bosch, with its Russian joint venture automotive industry executives, participant. consultants and officials followed by partner, supplies 82 percent of the Conditions for Participation Russian ignition plug market from its 30 an evening VIP Reception. million—unit capacity plant in Saratov. Tuesday, April 24, Moscow, Russia An applicant must submit a Lear manufactures car seats in a facility Presentations by major automotive completed and signed mission within GAZ’s plant in Nizhny companies, followed by one-on-one Application and a completed Market Novgorod. Outside of that town, meetings. Depart for St. Petersburg. Interest Questionnaire, which must Wednesday, April 25, St. Petersburg, makes power tools and include adequate information on the Russia Meetings with auto industry steering columns. Delphi produces wire company’s products and/or services, representatives and regional harnesses at its plant in Samara, while primary market objectives, and goals for government officials and plant visits in St. Petersburg Johnson Controls and participation. If the Department of in St. Petersburg and Leningrad Tenneco make, respectively, car seats Commerce receives an incomplete Oblast. Evening networking event and exhaust systems. application, the Department may reject and/or cultural program. the application, request additional Given the current dynamics in this Thursday, April 26, Samara, Russia automotive sector, the U.S. Commercial information, or take the lack of Depart for Samara/Togliatti. Meetings information into account when Service strongly believes that significant with auto industry representatives opportunities for growth and expansion evaluating the applications. and regional government officials and Each applicant must also certify that exist in Russia for U.S. manufacturers of plant visits in Samara followed by the products and services to be automotive parts and components. evening networking event. promoted through the mission are either Russians are prepared to pay for quality Friday, April 27, Moscow, Russia produced in the United States or vehicles, while at the same time the Meetings with auto industry marketed under the name of a U.S. firm Russian automotive manufacturers and representatives and regional and have at least 51 percent U.S. the Russian government are seeking government officials and plant visits content of the value of the finished technology and business partnerships to in Togliatti, followed by return to product or service. meet this demand. Moscow. Industry experts have indicated that Saturday, April 28 Depart Moscow for Selection Criteria for Participation there are especially good prospects for U.S. Selection will be based on the manufacturers of engines, electric and following criteria: electronic components, trim, exhaust Participation Requirements systems, plastic parts and All parties interested in participating 1 An SME is defined as a firm with 500 or fewer instrumentation. In addition, there are in this mission to Russia must complete employees or that otherwise qualifies as a small increasing opportunities for export of air and timely submit an application business under SBA regulations. conditioners, ABSs, airbags, power package for consideration by the 2 Parent companies, affiliates, and subsidiaries Department of Commerce. All will be considered when determining business size. steering and automatic transmissions, The dual pricing reflects the Commercial Service’s that are currently not manufactured in applicants will be evaluated on their user fee schedule that became effective May 1, Russia. ability to meet certain conditions and 2008.

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• Suitability of the company’s CS is amending this notice to extend www.export.gov/reee/re4i), and it products or services to the market; the date applications will be accepted to supports ITA’s mission of assisting U.S. • Applicant’s potential for business January 20, 2012. businesses in entering or expanding in international markets, and enhancing in Russia and in the region, including Contacts likelihood of exports resulting from the U.S. exports. Saudi Arabia was selected mission; or investments that will lead to Eduard Roytberg, Senior International as a Next Tier market for the NEI exports. Trade Specialist, CS , CA, Tel: because it is the largest economy in the 1 (909) 466–4138, Fax: 1 (909) 466– • Consistency of the applicant’s goals Middle East and is a political and 4140, [email protected]. economic leader in the region. and objectives with the stated scope of Alexander Kansky, Commercial the mission. The mission will help participating Specialist, CS St. Petersburg, Tel: 7 firms gain market insight, make industry Referrals from political organizations (812) 331–2881, Fax: 7 (812) 331– contacts, solidify business strategies, and any documents containing 2861, [email protected]. and identify or advance specific projects references to partisan political activities Vladislav Borodulin, Commercial with the goal of increasing U.S. exports (including political contributions) will Specialist, Tel: 7 (495) 728–5235, Fax: to Saudi Arabia. The schedule will be removed from an applicant’s 7 (495) 728–5585, include one-on-one business submission and will not be considered [email protected]. appointments with pre-screened during the selection process. Kenneth C. Duckworth, Principal potential buyers, agents, distributors Timeframe for Recruitment and Commercial Officer, CS St. and joint venture partners; meetings Applications Petersburg, Tel: 7 (812) 326–2560, Tel: with national and regional government 7 (812) 326–2561, officials; and networking events. Mission recruitment will be [email protected]. Participating in an official U.S. conducted in an open and public Elnora Moye, Government delegation, rather than manner, including publication in the traveling to Saudi Arabia individually, Federal Register, posting on the Trade Program Assistant. [FR Doc. 2011–32130 Filed 12–14–11; 8:45 am] enhances each company’s ability to Commerce Department trade mission secure desired meetings. calendar (http://www.trade.gov/trade- BILLING CODE 3510–FP–P missions) and other internet Web sites, Commercial Setting press releases to general and trade DEPARTMENT OF COMMERCE Saudi Arabia has identified an urgent media, email, direct mail, broadcast fax, need to reduce its reliance on notices by industry trade associations International Trade Administration petroleum-generated power; as a result and other multiplier groups, and it is both developing alternative energy publicity at industry meetings, U.S. Clean Energy and Energy sources, principally nuclear and solar symposia, conferences, and trade shows. Efficiency Trade Mission to Saudi power, and promoting more efficient CS St. Petersburg will conduct a Arabia Riyadh and Dhahran, Saudi generation and use of energy. While webinar on automotive opportunities in Arabia April 14–18, 2012 Saudi Arabia possesses one-fifth of the Russian market in November 2011; global oil reserves, it meets almost 60% AGENCY: International Trade the mission will be promoted during the of its domestic power needs from webinar as well. Administration, Department of Commerce. petroleum. The growth of domestic Recruitment for the mission will electricity demand—and thus domestic begin immediately and will close on ACTION: Notice. petroleum consumption—is cutting January 6, 2012. The U.S. Department of deeply into exports. Domestic Commerce will review all applications Mission Description consumption is growing at an estimated immediately after the deadline. We will The United States Department of 8–9% annually, and is projected to inform applicants of selection decisions Commerce (DOC) International Trade almost triple in the next two decades, as soon as possible. Applications Administration’s (ITA) U.S. and Foreign from 3.4 million barrels per day oil received after the deadline will be Commercial Service (CS) and equivalent in 2009, to 8.3 million considered only if space and scheduling Manufacturing and Services (MAS) barrels per day in 2028. Peak power constraints permit. units are organizing an Executive-Led demand is expected to increase from 43 CS is amending this notice to allow Clean Energy and Energy Efficiency gigawatts in the summer of 2010 to more for vetting and selection decisions on a Trade Mission to Saudi Arabia from than 120 gigawatts by 2030. Oil used rolling basis beginning November 15, April 14–18, 2012. domestically is heavily subsidized by 2011, until the maximum of 20 Saudi Arabia offers abundant the Government resulting in not only participants is selected. Although opportunities to U.S. companies that reduced export income, but enormous applications will be accepted through can contribute to its ambitious plans to opportunity costs as there is less January 6, 2012 (and after that date if improve energy efficiency and reduce feedstock for development of space remains and scheduling reliance on hydrocarbons for power downstream petrochemical industries constraints permit), interested U.S. generation. The trade mission will target and the jobs that go with them. Saudi firms and trade organizations which products, technologies and services in Arabia hopes to reduce by half the crude have not already submitted an the clean energy sector, with an and natural gas it burns now to generate application are encouraged to do so as emphasis on solar power; electricity electricity, in part by developing solar soon as possible. We will inform transmission and smart grid; and green power generation capacity, an area applicants of selection decisions as soon building in residential, commercial and where it has clear climatological as possible after they are internally industrial settings. This mission will advantages. As Saudi Arabia expands its reviewed. Applications received after contribute to the National Export energy supply and integrates renewable January 6, 2012 will be considered only Initiative (NEI, www.export.gov/nei) and energy, further investment will be if space and scheduling contracts the Renewable Energy and Energy required in grid modernization and permit. Efficiency Export Initiative (RE4I, smart grid technologies that enable

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utility management of variable energy technologies that enable utility limit U.S. export opportunities and sources. management of variable energy sources. inhibit the development of renewable On the demand side, residential air As the country’s transmission and resources and energy efficiency projects; conditioning consumes as much as 50% distribution infrastructure is and (3) introducing U.S. companies to of total power during Saudi Arabia’s modernized, commercial and industrial- Saudi Arabian government officials to long, hot summers. Saudi Arabia plans scale consumers will also seek to learn about policy initiatives that will to construct 1.65 million new homes capitalize on potential energy efficiency impact the implementation of renewable over the next six years and will be gains through investments in smart grid energy projects, improving energy looking closely at products, materials and smart building technologies and efficiency, and developing a domestic and technologies that reduce energy use services. manufacturing base for renewable and loss. Saudi Arabia also relies on Greenbuilding/Energy Efficiency: energy products using U.S. goods and desalination plants to produce 70% of Saudi Arabia is among the highest per services. its potable water, using as much as 1.5 capita energy users in the world. To The Clean Energy and Energy million barrels per day of oil equivalent reach its goal of reducing the amount of Efficiency Trade Mission to Saudi to do so; Saudi Arabia hopes to start up crude and natural gas it burns to Arabia will advance the priorities of the its first solar-powered desalination plant generate electricity, all consumers— Renewable Energy and Energy in 2013. residential, commercial, industrial, Efficiency Export Initiative Renewable Energy: The Saudi Arabian government—must become more (www.export.gov/reee/re4i). Government has made a commitment to efficient users of electricity. The market invest $100 billion dollars over the next potential for residential and industrial Mission Scenario ten years to develop clean, non- energy efficiency products and services In Riyadh, mission members will hydrocarbon energy sources focused is projected to grow rapidly and open primarily on nuclear and solar participate in an Embassy briefing, meet up a wide range of opportunities for with Saudi Government officials and technologies. Its plans call for the U.S. companies in the green building creation of Saudi Arabia’s first 5 take part in one-on-one business and energy efficiency subsectors. appointments with private-sector gigawatts of solar power by 2020. Companies will have the opportunity Demand for power in Saudi Arabia has organizations. In addition, they will to meet major buyers and end-users, enjoy a networking reception with been continuously increasing due to prospective partners and government rapid industrialization, economic Saudi private sector managers, officials at the following stops: government officials and representatives development and population growth. Riyadh, the seat of government and of key multipliers. In Dhahran, mission Importantly, Saudi Arabia’s abundant many non-governmental organizations members will attend a networking solar resources, combined with an and educational institutions devoted to event, have customized one-on-one energy intensive industrial base that the development of alternative energies business appointments, meet and uses electricity at a steep economic cost, and green technologies, including the receive a briefing from senior managers strengthens the economic case for solar King Abdullah City of Atomic and of Saudi Aramco, and visit the generation. Renewable Energy (KA–CARE). It is also industrial city of Jubail. Electricity Transmission and Smart Saudi Arabia’s largest city, with a Grid: High incomes and rising population of 5 million; and Dhahran- Matchmaking efforts will involve electricity demand have driven both Dammam-Khobar, with a population of trade organizations and associations electricity consumption and investment over 1 million is the home of Saudi such as the Riyadh and Eastern Province in transmission infrastructure in Saudi Aramco, which will likely be a primary Chambers of Commerce, the Council of Arabia. In 2010, Saudi Arabia was the customer for renewable energy Saudi Chambers of Commerce and 15th largest market for U.S. technology providers. Industry, and the U.S.-Saudi Arabian transmission and distribution Business Council. U.S. participants will technology exporters and the market Mission Goals be counseled before and after the saw a 13% compound annual growth The goal of the Clean Energy and mission by CS Saudi Arabia staff and rate over the previous decade, with U.S. Energy Efficiency Trade Mission to other federal agencies actively involved grid equipment exporters sustaining a Saudi Arabia is to promote the export of in clean technology trade promotion relatively high market share throughout. U.S. goods and services by: (1) activities in Saudi Arabia. As Saudi Arabia expands its energy Introducing U.S. companies to industry A representative of the Export-Import supply and integrates renewable energy, representatives and potential clients and Bank of the United States will be invited further investment will be required in partners; (2) advocating to Saudi to participate to discuss opportunities grid modernization and smart grid officials regarding policies that would for export finance.

PROPOSED TIMETABLE

Date Location Activity

Saturday, April 14—Day 1 ...... Riyadh ...... Arrive Riyadh. Check in at hotel. Ice-breaker with FCS Staff/Q&A. Sunday, April 15—Day 2 ...... Riyadh ...... U.S. Embassy Briefing. Sectoral briefings/discussion hosted by Council of Saudi Chambers of Com- merce. One-on-one matchmaking meetings. Evening: Networking reception hosted by Amb. Smith.

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PROPOSED TIMETABLE—Continued

Date Location Activity

Monday, April 16—Day 3 ...... Riyadh-Dhahran .... KA–CARE visit and policy roundtable. Call on Minister of Water and Electricity. Discussion panels on: (1) Legal Aspects of Doing Business in Saudi Arabia; (2) Financing Projects/Sales. Evening: Fly to Dhahran. Tuesday, April 17—Day 4 ...... Dhahran ...... Morning: Visit to Saudi Aramco, with briefing on renewable energy projects. One-on-one matchmaking meetings. Evening: Networking reception. Wednesday, April 18—Day 5 ...... Dhahran-USA ...... Optional morning site visit to Jubail Industrial City. Departure for the U.S. (NB: The precise schedule will depend on the availability of local government officials and business managers, and the specific goals of mis- sion participants.)

Participation Requirements company’s products and/or services, www.export.gov/reee), press releases to All parties interested in participating primary market objectives, and goals for general and trade media, direct mail, in the trade mission must complete and participation. If the Department of notices by industry trade associations submit an application package for Commerce receives an incomplete and other multiplier groups, and consideration by the DOC. All application, the Department may reject publicity at industry meetings, applicants will be evaluated, on a the application, request additional symposia, conferences, and trade shows. rolling basis, on their ability to meet information, or take the lack of Recruitment for the mission will certain conditions and best satisfy the information into account when begin immediately and conclude no selection criteria as outlined below. A evaluating the applications. later than March 1, 2012. The U.S. minimum of 15 and maximum of 25 Each applicant must also certify that Department of Commerce will review companies will be selected to the products or services it seeks to applications and make selection participate in the mission from the export through the mission are either decisions on a rolling basis beginning applicant pool. U.S. companies already produced in the United States, or, if not, February 1, 2012. Applications received doing business with Saudi Arabia as marketed under the name of a U.S. firm after March 1, 2012 will be considered well as U.S. companies seeking to enter and have at least 51 percent U.S. only if space and scheduling constraints to the Saudi Arabian market for the first content of the value of the finished permit. time may apply. product or service. Contacts Fees and Expenses Selection Criteria for Participation Jennifer Derstine, Manufacturing and After a company or organization has Selection will be based on the Services, Office of Energy and been selected to participate on the following criteria: Environmental Industries, • mission, a payment to the Department of Suitability of the company’s Washington, DC, Tel: (202) 482 3889, Commerce in the form of a participation products or services to the market Email: [email protected]. • fee is required. The participation fee for Applicant’s potential for business Elnora Moye, in Saudi Arabia and in the region, the Trade Mission will be $3,020.00 for Trade Program Assistant. 1 including likelihood of exports resulting a small or medium-sized firm (SME), [FR Doc. 2011–32131 Filed 12–14–11; 8:45 am] and $3,502.00 for large firms. The fee for from the mission • BILLING CODE 3510–FP–P each additional firm representative Consistency of the applicant’s goals (large firm or SME/trade organization) is and objectives with the stated scope of $500. Expenses for travel, lodging, the mission DEPARTMENT OF COMMERCE meals, and incidentals will be the Diversity of company size and responsibility of each mission location may also be considered during Patent and Trademark Office participant. Delegation members will be the review process. [Docket No. PTO–P–2011–0078] able to take advantage of U.S. Embassy Referrals from political organizations and any documents containing rates for hotel rooms. Sunset of the Patent Application references to partisan political activities Backlog Reduction Stimulus Plan and Conditions for Participation (including political contributions) will a Limited Extension of the Green be removed from an applicant’s An applicant must submit a Technology Pilot Program completed mission application signed submission and not considered during by a company officer, together with the selection process. AGENCY: United States Patent and supplemental application materials, Timeframe for Recruitment and Trademark Office, Commerce. including adequate information on the Applications ACTION: Notice.

1 An SME is defined as a firm with 500 or fewer Mission recruitment will be SUMMARY: The United States Patent and employees or that otherwise qualifies as a small conducted in an open and public Trademark Office (Office) has provided business under SBA regulations (see http:// manner, including publication in the two procedures under which an www.sba.gov/services/contracting opportunities/ sizestandardstopics/index.html). Parent companies, Federal Register, posting on the applicant may have an application affiliates, and subsidiaries will be considered when Commerce Department trade mission accorded special status for examination. determining business size. The dual pricing reflects calendar (http://export.gov/ The Patent Application Backlog the Commercial Service’s user fee schedule that trademissions) and other Internet Web Reduction Stimulus Plan is available if became effective May 1, 2008 (see http:// www.export.gov/newsletter/march2008/ sites (including the Renewable Energy & the applicant expressly abandons initiatives.html for additional information). Energy Efficiency Exporters Portal at another copending unexamined

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application. The Green Technology Pilot the period ending on February 28, 2010, been accorded special status under this Program is available to patent but may be extended for an additional program. See Expansion and Extension applications pertaining to time period thereafter. See Patent of the Green Technology Pilot Program, environmental quality, energy Application Backlog Reduction 75 FR 69049 (Nov. 10, 2010), 1361 Off. conservation, development of renewable Stimulus Plan, 74 FR at 62287, 1349 Off. Gaz. Pat. Office 50 (Dec. 7, 2010). In energy resources, and greenhouse gas Gaz. Pat. Office at 306. The USPTO view of the success of the Green emission reduction. In view of the trend extended the plan for an additional four Technology Pilot Program in the in filings under the Patent Application months to June 30, 2010. See Extension designated technology areas, the Green Backlog Reduction Stimulus Plan, this of the Patent Application Backlog Technology Pilot Program will be plan has fulfilled its purpose and will Reduction Stimulus Plan, 75 FR 5041 extended until an additional 500 not be extended. In view of the success (Feb. 1, 2010), 1351 Off. Gaz. Pat. Office applications have been accorded special of the Green Technology Pilot Program, 202 (Feb. 23, 2010). Subsequently, the status under this program (for a total of this plan will be extended until 500 USPTO expanded the plan to eliminate 3,500 applications) or March 30, 2012, additional applications have been the small entity requirement and further whichever occurs earlier. Following the accorded special status under this extended its duration to expire at the expiration of this extension, the program or until March 30, 2012, earlier of the December 31, 2010 date, or program will be eliminated, and whichever occurs earlier. Following the the date that 10,000 applications have applicants may instead seek to use the expiration of this extension, the been accorded special status under this newly enacted Prioritized Examination program will be eliminated, and plan. See Expansion and Extension of (Track I) program. applicants may instead use the newly the Patent Application Backlog The Prioritized Examination (Track I) enacted Prioritized Examination (Track Reduction Stimulus Plan, 75 FR 36063 program permits an applicant to have an I) program. The Track I program not (June 24, 2010), 1356 Off. Gaz. Pat. application advanced out of turn only provides advancement of Office 173 (July 20, 2010). The USPTO (accorded special status) for examination, but sets a target of further extended the plan to expire at examination under 37 CFR 1.102(e), if reaching final disposition within 12 the earlier of December 31, 2011, or the the application contains, upon filing, a months from the time advancement is date that 10,000 applications have been request for prioritized (Track I) initiated. Furthermore, the advancement accorded special status under this plan. examination accompanied by the in the Track I program is available to all See Extension of the Patent Application appropriate fees. See Changes to technologies and is not restricted to Backlog Reduction Stimulus Plan, 75 FR Implement the Prioritized Examination certain categories of invention as in the 71072 (Nov. 22, 2010), 1361 Off. Gaz. Track (Track I) of the Enhanced Pilot Program. Pat. Office 230 (Dec. 28, 2010). Filings Examination Timing Control Procedures DATES: Effective Date: December 15, under this plan reached a peak in late Under the Leahy-Smith America Invents 2011. The Patent Application Backlog 2010 and have since steadily decreased. Act, 76 FR 59050 (September 23, 2011), Reduction Stimulus Plan became Accordingly, as those desiring the 1371 Off. Gaz. Pat. Office 151 (October effective on November 27, 2009, was benefits of this plan have taken 18, 2011) (Track I Notice). modified on June 24, 2010, and was advantage of its provisions, the Patent The Track I Program provides extended on November 22, 2010. The Application Backlog Reduction prioritized examination having a more Green Technology Pilot Program became Stimulus Plan has run its course and aggressive time frame for examination effective on December 8, 2009, was will not be further extended beyond than the Green Technology Pilot modified to eliminate the classification December 31, 2011. Program, with an aggregate goal of requirement on May 21, 2010, and was On December 8, 2009, the USPTO reaching final disposition within 12 extended on November 10, 2010. published a notice for the months and maintains an enhanced FOR FURTHER INFORMATION CONTACT: implementation of the Green special status of the application Pinchus M. Laufer or Michael Cygan, Technology Pilot Program. See Pilot throughout prosecution until final Office of Patent Legal Administration, Program for Green Technologies disposition. Additionally, the Track I Office of the Associate Commissioner Including Greenhouse Gas Reduction, Program does not have the restrictions for Patent Examination Policy, by 74 FR 64666 (December 8, 2009), 1349 of the Green Technology Pilot Program telephone at (571) 272–7726 or (571) Off. Gaz. Pat. Office 362 (December 29, on the types of inventions for which 272–7700; or by mail addressed to: Mail 2009) (Green Technology Notice). The special status may be sought, as the Stop Comments Patents, Commissioner Green Technology Notice indicated that Track I Program does not require a for Patents, P.O. Box 1450, Alexandria, an applicant may have an application connection to any particular technology. VA 22313–1450. advanced out of turn (accorded special In view of the ability of any applicant to request prioritized examination with SUPPLEMENTARY INFORMATION: On status) for examination, if the the filing of an application under the November 27, 2009, the USPTO application pertained to green procedure set forth in the Track I published a notice in the Federal technologies and met other Notice, the Green Technology Pilot Register providing an additional requirements specified in the Green Program will not be extended past the temporary basis (the Patent Application Technology Notice. The USPTO earlier of March 30, 2012, or the date Backlog Reduction Stimulus Plan) published a notice eliminating the that 3,500 applications have been under which a small entity applicant classification requirement of the Green accorded special status under this may have an application accorded Technology Pilot Program on May 21, program. special status for examination if the 2010. See Elimination of the applicant expressly abandons another Classification Requirement in the Green Dated: December 7, 2011. copending unexamined application. See Technology Pilot Program, 75 FR 28554 David J. Kappos, Patent Application Backlog Reduction (May 10, 2010), 1355 Off. Gaz. Pat. Under Secretary of Commerce for Intellectual Stimulus Plan, 74 FR 62285 (Nov. 27, Office 188 (June 15, 2010). The USPTO Property and Director of the United States 2009), 1349 Off. Gaz. Pat. Office 304 further extended the program to expire Patent and Trademark Office. (Dec. 22, 2009) (notice). The USPTO at the earlier of December 31, 2011, or [FR Doc. 2011–32115 Filed 12–14–11; 8:45 am] indicated that the plan would last for the date that 3,000 applications have BILLING CODE 3510–16–P

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CONSUMER PRODUCT SAFETY 3. Build-A-Bear is a corporation, section 15(b) of the CPSA, 15 U.S.C. COMMISSION organized and existing under the laws of 2064(b). the State of Delaware, with its principal [CPSC Docket No. 12–C0004] Response of Build-A-Bear Workshop, corporate office located at 1954 Inc. Build-A-Bear Workshop, Inc., Innerbelt Business Center Drive, St. 13. Build-A-Bear denies the Provisional Acceptance of a Louis, 63114. aforementioned staff allegations. Settlement Agreement and Order Staff Allegations 14. On March 10, 2009 Build-A-Bear AGENCY: Consumer Product Safety 4. Between March 2001 and October filed a Section 15 Report under the Commission. 2008, Build-A-Bear imported and sold Commission’s Fast Track Program ACTION: Notice. to consumers approximately 260,000 initiating a voluntary recall. Prior to that folding wooden frame toy beach chairs time, Build-A-Bear denies that it had SUMMARY: It is the policy of the (‘‘Chairs’’). The Chairs were sold sufficient information regarding injuries Commission to publish settlements through the Build-A-Bear Web site and associated with the product to conclude which it provisionally accepts under the at Build-A-Bear stores in the United that the Chairs contained a defect which Consumer Product Safety Act in the States, the United Kingdom, and Canada could create a substantial product Federal Register in accordance with the for approximately $8.00 each. hazard or create an unreasonable risk of terms of 16 CFR 1118.20(e). Published 5. The Chairs are ‘‘consumer serious injury or death. Therefore, below is a provisionally-accepted products’’ and, at all relevant times, Build-A-Bear denies that it violated the Settlement Agreement with Build-A- Build-A-Bear was an ‘‘importer’’ of reporting requirements of Section 15(b) Bear Workshop, Inc., containing a civil these consumer products, which were of the CPSA, 15 U.S.C. 2064(b). penalty of $600,000.00. ‘‘distributed in commerce,’’ as those Agreement of the Parties DATES: Any interested person may ask terms are defined or used in sections the Commission not to accept this 3(a)(5), (8), and (11) of the CPSA, 15 15. Under the CPSA, the Commission agreement or otherwise comment on its U.S.C. 2052(a)(5), (8), and (11). has jurisdiction over this matter and contents by filing a written request with 6. The Chairs are defective because over Build-A-Bear. the Office of the Secretary by December the sharp edges of the Chair’s folding 16. In settlement of staff’s allegations, 30, 2011. wooden frame can pinch, lacerate, or Build-A-Bear shall pay a civil penalty in ADDRESSES: Persons wishing to amputate a child’s fingertip if the finger the amount of $600,000.00 within 20 comment on this Settlement Agreement is caught between the frame as the Chair calendar days of receiving service of the should send written comments to the is folded. Commission’s final Order accepting the Comment 12–C0004, Office of the 7. In July 2007, Build-A-Bear received Agreement. The payment shall be made Secretary, Consumer Product Safety its first complaint of injury involving electronically to the CPSC via http:// Commission, 4330 East-West Highway, the Chairs’ folding wooden frame. www.pay.gov. Room 820, Bethesda, Maryland 20814– 8. In October 2008, Build-A-Bear 17. Build-A-Bear agrees that it will 4408. stopped sale of the Chairs and issued a not seek or accept, directly or indirectly, notice to its stores to return all Chairs indemnification, reimbursement, FOR FURTHER INFORMATION CONTACT: in inventory to the Build-A-Bear storage insurance, or any other form of Belinda V. Bell, Trial Attorney, Division warehouse. compensation or payment, including, of Compliance, Office of the General 9. Between July 2007 and January but not limited to, cash, account credit, Counsel, Consumer Product Safety 2009, Build-A-Bear became aware of 10 or setoff, from any manufacturer, Commission, 4330 East-West Highway, injury complaints caused by the Chairs. importer, or retail store, or from any Bethesda, Maryland 20814–4408; 10. Despite knowledge of the other firm or person, for the civil telephone (301) 504–7592. information set forth in Paragraphs 6 penalty that Build-A-Bear agrees to pay SUPPLEMENTARY INFORMATION: The text of through 9, Build-A-Bear did not report pursuant to this Agreement and Order. the Agreement and Order appears to the Commission until March 10, 18. The parties enter into this below. 2009. Build-A-Bear recalled the Chairs Agreement for settlement purposes only. Dated: December 9, 2011. on May 14, 2009. The Agreement does not constitute an Todd A. Stevenson, 11. Build-A-Bear had obtained admission by Build-A-Bear, nor does it Secretary. sufficient information to reasonably constitute a determination by the support the conclusion that the Chairs Commission, that Build-A-Bear violated Settlement Agreement contained a defect which could create a the CPSA’s reporting requirements. 1. In accordance with 16 CFR 1118.20, substantial product hazard, or that the 19. Upon provisional acceptance of Build-A-Bear Workshop, Inc. (‘‘Build-A- Chairs created an unreasonable risk of the Agreement by the Commission, the Bear’’) and staff of the United States serious injury or death, but Build-A- Agreement shall be placed on the public Consumer Product Safety Commission Bear failed to inform the Commission record and published in the Federal (‘‘Commission’’) hereby enter into this immediately of such defect or risk, as Register in accordance with the Settlement Agreement (‘‘Agreement’’) required by sections 15(b)(3) and (4) of procedures set forth in 16 CFR under the Consumer Product Safety Act the CPSA, 15 U.S.C. 2064(b)(3) and (4). 1118.20(e). If the Commission does not (‘‘CPSA’’). The Agreement and the In failing to inform the Commission receive any written request not to accept incorporated attached Order resolve about the Chairs immediately, Build-A- the Agreement within 15 calendar days, staff’s allegations set forth below. Bear knowingly violated section 19(a)(4) the Agreement shall be deemed finally of the CPSA, 15 U.S.C. 2068(a)(4), as the accepted on the 16th calendar day after The Parties term ‘‘knowingly’’ is defined in section the date it is published in the Federal 2. Staff is the staff of the Commission, 20(d) of the CPSA, 15 U.S.C. 2069(d). Register, in accordance with 16 CFR an independent federal regulatory 12. Pursuant to section 20 of the 1118.20(f). agency established pursuant to, and CPSA, 15 U.S.C. 2069, Build-A-Bear is 20. Upon the Commission’s final responsible for, the enforcement of the subject to civil penalties for its knowing acceptance of the Agreement and CPSA, 15 U.S.C. 2051–2089. failure to report, as required under issuance of the final Order, Build-A-

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Bear knowingly, voluntarily, and U.S. Consumer Product Safety Commission 41 CFR 102–3.150, the Department of completely waives any rights it may Staff Defense announces that the following have in this matter to the following: (a) Cheryl A. Falvey, Federal advisory committee meeting of An administrative or judicial hearing; General Counsel. the Defense Acquisition University (b) judicial review or other challenge or Mary B. Murphy, Board of Visitors will take place. contest of the Commission’s actions; (c) Assistant General Counsel. DATES: Wednesday, January 25, 2012, a determination by the Commission of Dated: December 2, 2011. from 8:30 a.m.–11:30 a.m. whether Build-A-Bear failed to comply By: lllllllllllllllllll ADDRESSES: Command Conference with the CPSA and the underlying Belinda V. Bell, Center, Building 202, Defense regulations; (d) a statement of findings Trial Attorney, Acquisition University, 9820 Belvoir of fact and conclusions of law; and (e) Division of Compliance Road, Fort Belvoir, VA 22060. any claims under the Equal Access to Office of the General Counsel. FOR FURTHER INFORMATION CONTACT: Justice Act. 21. The Commission may publicize Order Christen Goulding, Protocol Director, the terms of the Agreement and the Upon consideration of the Settlement DAU, Phone: (703) 805–5134, Fax: (703) Order. Agreement entered into between Build- 805–5940, Email: 22. The Agreement and the Order A-Bear Workshop, Inc. (‘‘Build-A- [email protected]. shall apply to, and be binding upon, Bear’’), and the U.S. Consumer Product SUPPLEMENTARY INFORMATION: Build-A-Bear and each of its successors Safety Commission (‘‘Commission’’) Purpose of the Meeting: The purpose and/or assigns. staff, and the Commission having of this meeting is to report back to the 23. The Commission issues the Order jurisdiction over the subject matter and Board of Visitors on continuing items of under the provisions of the CPSA, and over Build-A-Bear, and it appearing that interest. a violation of the Order may subject the Settlement Agreement and the Order Agenda: Build-A-Bear and each of its successors are in the public interest, it is 8:30 a.m. Welcome and approval of and/or assigns to appropriate legal Ordered that the Settlement minutes. action. Agreement be, and is, hereby, accepted; 8:40 a.m. Certification to Qualification. 24. The Agreement may be used in and it is 9:30 a.m. Distinguished Faculty. interpreting the Order. Understandings, Further Ordered, that Build-A-Bear 10:30 a.m. Mission Assistance. agreements, representations, or shall pay a civil penalty in the amount 11:15 a.m. Open forum discussion. interpretations apart from those of $600,000.00 within 20 calendar days 11:30 a.m. Adjourn. contained in the Agreement and the of receiving service of the Commission’s Public’s Accessibility to the Meeting: Order may not be used to vary or final Order accepting the Settlement Pursuant to 5 U.S.C. 552b and 41 CFR contradict the terms or the Agreement Agreement. The payment shall be made 102–3.140 through 102–3.165, and the and the Order. The Agreement shall not electronically to the CPSC via http:// availability of space, this meeting is be waived, amended, modified, or www.pay.gov. Upon the failure of Build- open to the public. However, because of otherwise altered without written A-Bear to make the foregoing payment space limitations, allocation of seating agreement thereto, executed by the party when due, interest on the unpaid will be made on a first-come, first against whom such waiver, amendment, amount shall accrue and be paid by served basis. Persons desiring to attend modification, or alteration is sought to Build-A-Bear at the federal legal rate of the meeting should call Ms. Christen be enforced. interest set forth at 28 U.S.C. 1961(a) Goulding at (703) 805–5134. 25. If any provision of the Agreement and (b). Committee’s Designated Federal Officer or the Order is held to be illegal, Provisionally accepted and provisional or Point of Contact: invalid, or unenforceable under present Order issued on the 9th day of December, Ms. Kelley Berta, (703) 805–5412. or future laws effective during the terms 2011. of the Agreement and the Order, such By order of the Commission. Dated: December 9, 2011. provision shall be fully severable. The Todd A. Stevenson, Aaron Siegel, balance of the Agreement and the Order Secretary, U.S. Consumer Product Safety Alternate OSD Federal Register Liaison shall remain in full force and effect, Commission. Officer, Department of Defense. unless the Commission and Build-A- [FR Doc. 2011–32116 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32133 Filed 12–14–11; 8:45 am] Bear agree that severing the provision BILLING CODE 6355–01–P BILLING CODE 5001–06–P materially affects the purpose of the Agreement and Order. Build-A-Bear Workshop, Inc. DEPARTMENT OF DEFENSE DEPARTMENT OF EDUCATION Dated: September 27, 2011. Office of the Secretary Applications for Eligibility Designation; By: lllllllllllllllllll Programs Under Parts A and F of Title Eric R. Fencl, Defense Acquisition University Board III of the Higher Education Act of 1965, General Counsel, of Visitors; Notice of Meeting as Amended (HEA), and Programs Build-A-Bear Workshop, Inc. Under Title V of the HEA 1954 Innerbelt Business Center Drive AGENCY: Defense Acquisition St. Louis, MO 63114. University, Department of Defense AGENCY: Office of Postsecondary Dated: September 27, 2011. (DoD). Education, Department of Education. By: lllllllllllllllllll ACTION: Meeting notice. ACTION: Notice. Stephen L. Hill, Esquire, SUMMARY: Under the provisions of the Overview Information: Husch Blackwell LLP Federal Advisory Committee Act of Programs authorized under Part A, 4801 Main Street, Suite 1000 1972 (5 U.S.C., Appendix, as amended), Title III of the HEA: Strengthening Kansas City, MO 64112 the Government in the Sunshine Act of Institutions Program (Part A SIP), Counsel for Build-A-Bear Workshop, Inc. 1976 (5 U.S.C. 552b, as amended), and Predominantly Black Institutions (Part

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A PBI), Native American-Serving designation, institutions of higher The eligibility requirements for the Nontribal Institutions (Part A NASNTI), education (‘‘IHEs’’ or ‘‘institutions’’) are Title V HSI Program are in Part A of and Asian American and Native eligible to apply for grants if they meet Title V of the HEA and 34 CFR 606.2 American Pacific Islander-Serving specific statutory and regulatory through 34 CFR 606.5. The regulations Institutions (Part A AANAPISI). eligibility requirements. An IHE that is may be accessed at the following Web Programs authorized under Part F, designated as an eligible institution may site: www.access.gpo.gov/nara/cfr/ Title III of the HEA: Hispanic-Serving receive a waiver of certain non-Federal waisidx_01/34cfr606_01.html. Institutions Stem and Articulation (Part cost-share requirements under the The requirements for the PPOHA F, title III HSI STEM and Articulation), FSEOG program in Part A, Title IV of Program are in Part B of Title V of the Predominantly Black Institutions (Part F the HEA; the FWS program in section HEA and the notice of final PBI), and Asian American and Native 443 of Part C, Title IV of the HEA; the requirements published in the Federal American Pacific Islander-Serving SSS program in section 402D of Part A, Register on July 27, 2010 (75 FR 44055) Institutions (Part F AANAPISI). Title IV of the HEA; and the UISFL (PPOHA NFP). Among the requirements Programs authorized under both parts program in section 604 of Part A, Title established for the PPOHA Program in A and F in title III of the HEA: American VI of the HEA. Qualified institutions the PPOHA NFP are the use of the Indian Tribally Controlled Colleges and may receive these waivers even if they regulations in 34 CFR 606.2(a) and (b), Universities (TCCU) (note that in Part F, are not recipients of grant funds under and 606.3 through 606.5. the program is referred to as ‘‘Tribal the Title III or Title V Programs. Enrollment of Needy Students: For Colleges or Universities’’); Alaska Part A SIP; TCCU; ANNH; Part A Special Note: To qualify as an eligible Native and Native Hawaiian-Serving NASNTI; Part A AANAPISI; Title III, institution under the Parts A and F of Title Part F HSI STEM and Articulation; Part Institutions (ANNH). III, HEA programs and Title V, HEA programs Programs authorized under Title V of listed in this notice, your institution must F AANAPISI; Title V HSI; and PPOHA the HEA: Developing Hispanic-Serving satisfy several criteria. For most of these programs, an institution is considered to Institutions (Title V HSI) and Promoting programs, this includes criteria that relate to have an enrollment of needy students if: Postbaccalaureate Opportunities for needy student enrollment and to average (1) At least 50 percent of its degree Hispanic Americans (PPOHA). educational and general (E&G) expenditures students received financial assistance Notice inviting applications for for a specified base year. The most recent under one or more of the following designation as an eligible institution for data available for E&G expenditures are for programs: Federal Pell Grant, FSEOG, Fiscal Year (FY) 2012. base year 2009–2010. In order to award FY FWS, or the Federal Perkins Loan Dates: 2012 grants in a timely manner, we will use Programs; or (2) the percentage of its this data to evaluate eligibility. Therefore, in undergraduate degree students who Application Available: December 15, completing your eligibility application, 2011. please use E&G expenditure data from the were enrolled on at least a half-time Deadline for Transmittal of base year 2009–2010. basis and received Federal Pell Grants Applications: February 10, 2012, for an exceeded the median percentage of institution that wishes to be designated If you are designated as an eligible undergraduate degree students who as eligible to apply for a FY 2012 new institution and you do not receive a new were enrolled on at least a half-time grant under the Title III or Title V award under the Title III or Title V basis and received Federal Pell Grants at programs. March 9, 2012, for an Programs in FY 2012, your eligibility for comparable institutions that offer institution that wishes to apply only for the non-Federal cost-share waiver under similar instruction. cost-sharing waivers under the Federal the FSEOG, FWS, SSS, and UISFL To qualify under this latter criterion, Supplemental Educational Opportunity programs is valid for five consecutive an institution’s Federal Pell Grant Grant (FSEOG), the Federal Work Study years. You will not need to reapply for percentage for base year 2009–2010 (FWS), the Student Support Services eligibility until 2017, unless you wish to must be more than the median for its (SSS), or the Undergraduate apply for a new Title III or Title V grant. category of comparable institutions International Studies and Foreign All institutions interested in applying provided in the 2009–2010 Median Pell Language (UISFL) programs. for a new FY 2012 Title III or Title V Grant and Average E&G Expenditures grant or requesting a waiver of the non- per full-time equivalent (FTE) Student Full Text of Announcement Federal cost share, must apply for Table in this notice. I. Funding Opportunity Description eligibility designation in FY 2012. For the Part A PBI Program, see Under the HEA, any institution section 318(b)(2) of the HEA and for the Purpose of Programs interested in applying for a grant under Part F PBI program see section 371(c)(9) The Part A SIP, TCCU, ANNH, Part A any of these programs must first be for the definition of ‘‘Enrollment of PBI, Part A NASNTI, and Part A designated as an eligible institution. (34 Needy Students.’’ AANAPISI programs are authorized CFR 606.5 and 607.5). Educational and General under Title III, Part A, of the HEA. Part Expenditures Per FTE Student: Under Eligible Applicants F, Title III HSI STEM and Articulation, the Part A SIP; TCCU; ANNH; Part A Part F PBI, and Part F AANAPISI The eligibility requirements for the PBI; Part A NASNTI; Part A AANAPISI; programs are authorized under Title III, Part A of Title III, HEA programs are in Title III, Part F HSI STEM and Part F of the HEA. The Title V HSI and the statute and 34 CFR 607.2 through Articulation; Part F PBI Part F PPOHA programs are authorized under 607.5. The regulations may be accessed AANAPISI; Title V HSI; and PPOHA Title V of the HEA. Please note that at the following Web site: www.access. programs, an institution should certain programs in this notice have the gpo.gov/nara/cfr/waisidx_02/34cfr607_ compare its 2009–2010 average E&G same or a similar name to another 02.html. expenditures per FTE student to the program that falls under a different The eligibility requirements for the average E&G expenditure per FTE statutory authority. For this reason, we Part F of Title III, HEA programs are in student for its category of comparable specify the statutory authority as part of the statute. We are in the process of institutions contained in the 2009–2010 the acronym for certain programs. developing regulations for these Median Pell Grant and Average E&G Under the programs for which we are programs; there are currently no specific Expenditures per FTE Student Table in inviting applications for an eligibility program regulations. this notice. The institution meets this

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eligibility requirement under these instruction, research, public service, The following table identifies the programs if its average E&G academic support including library relevant median Federal Pell Grant expenditures for the 2009–2010 base expenditures, student services, percentages for the base year 2009–2010 years are less than the average for its institutional support, operation and and the relevant average E&G category of comparable institutions. maintenance, scholarships and expenditures per FTE student for the An institution’s average E&G fellowships, and mandatory transfers base year 2009–2010 for the four expenditures are the total amount it that the institution is required to pay by categories of comparable institutions: expended during the base year for law.

2009–2010 2009–2010 Average E&G Type of institution Median Pell Grant expenditures per percentage FTE student

Two-year Public Institutions ...... 32.3 $10,785 Two-year Non-profit Private Institutions ...... 39.4 24,214 Four-year Public Institutions ...... 30.1 28,831 Four-year Non-profit Private Institutions ...... 31.0 45,760

Waiver Information: IHEs that are or the average E&G expenditures regulations at 34 CFR 606.3(c) and unable to meet the needy student requirement must include in their 607.3(c) define ‘‘low-income’’ as an enrollment requirement or the average application detailed information amount that does not exceed 150 E&G expenditures requirement may supporting the waiver request, as percent of the amount equal to the apply to the Secretary for waivers of described in the instructions for poverty level, as established by the U.S. these requirements, as described in completing the application. Bureau of the Census. sections 392 and 522 of the HEA, 34 The regulations governing the CFR 606.3(b), 606.4(c) and (d), 607.3(b), Secretary’s authority to waive the needy For the purposes of this waiver and 607.4(c) and (d). student requirement, 34 CFR 606.3(b)(2) provision, the following table sets forth Institutions requesting a waiver of the and (3) and 607.3(b)(2) and (3), refer to the low-income levels for the various needy student enrollment requirement ‘‘low-income’’ students or families. The sizes of families:

2009 ANNUAL LOW-INCOME LEVELS

Family income for the 48 contiguous Size of family unit States, DC, and Family income for Family income for outlying jurisdic- Alaska Hawaii tions

1 ...... $16,245 $20,295 $18,690 2 ...... 21,855 27,315 25,140 3 ...... 27,465 34,335 31,590 4 ...... 33,075 41,355 38,040 5 ...... 38,685 48,375 44,490 6 ...... 44,295 55,395 50,940 7 ...... 49,905 62,415 57,390 8 ...... 55,515 69,435 63,840

Note: The 2009 annual low-income levels obtained by requesting the Metropolitan If not, contact the Department using the are being used because those are the amounts Statistical Areas, 1999 Publication, email addresses of the contact persons that apply to the family income reported by Order Number PB99–501538, from the listed in this notice under FOR students enrolled for the fall 2009 semester. National Technical Information Service, For family units with more than eight APPLICATIONS AND FOR FURTHER members, add the following amount for each Document Sales, 5301 Shawnee Road, INFORMATION CONTACT. You will find additional family member: $5,610 for the Alexandria, VA 22312, telephone detailed instructions for completing the contiguous 48 States, the District of number: 1–800–553–6847. There is a application form electronically under Columbia, and outlying jurisdictions; $7,020 charge for this publication. the ‘‘eligibility 2012’’ link at either of for Alaska; and $6,450 for Hawaii. Electronic Submission of Applications the following Web sites: http://www.ed. The figures shown under family gov/programs/iduestitle3a/index.html income represent amounts equal to 150 Applications for designation of or http://www.ed.gov/hsi. eligibility must be submitted percent of the family income levels If your institution is unable to meet established by the U.S. Bureau of the electronically using the following Web the needy student enrollment Census for determining poverty status. site: https://opeweb.ed.gov/title3and5/. requirement or the average E&G The poverty guidelines were published To enter the Web site, you must use by the U.S. Department of Health and your institution’s unique 8-digit expenditure requirement and wishes to Human Services in the Federal Register identifier, i.e., your Office of request a waiver of one or both of these on January 23, 2009 (74 FR 4199). Postsecondary Education Identification requirements, you must complete your The information about ‘‘metropolitan Number (OPE ID Number). Your designation application form statistical areas’’ referenced in 34 CFR business office or student financial aid electronically and transmit your waiver 606.3(b)(4) and 607.3(b)(4) may be office should have the OPE ID Number. request narrative document from the

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following Web site: https://opeweb.ed. If you mail your application through You can contact these individuals at gov/title3and5/. the U.S. Postal Service, we do not the following email addresses or phone Exception to the Electronic accept either of the following as proof numbers: [email protected], (202) Submission Requirement: You may of mailing: 219–7083, [email protected], qualify for an exception to the electronic (1) A private metered postmark; or (202) 502–7606. submission requirement and may (2) A mail receipt that is not dated by If you use a telecommunications submit your application in paper format the U.S. Postal Service. device for the deaf (TDD), call the if you are unable to submit an If your application is postmarked after Federal Relay Service (FRS), toll free, at application electronically because— the application deadline date, we will 1–800–877–8339. • You do not have access to the not consider your application. Individuals with disabilities can Internet; or Note: The U.S. Postal Service does not obtain this document in an accessible • You do not have the capacity to uniformly provide a dated postmark. Before format (e.g., braille, large print, audio upload documents to the Web site; and relying on this method, you should check tape, or compact disc) on request to one • No later than two weeks before the with your local post office. of the contact persons listed in this application deadline date (14 calendar section. days; or, if the fourteenth calendar day Submission of Paper Applications by Electronic Access to This Document: before the application deadline date Hand Delivery The official version of this document is falls on a Federal holiday, the next If you qualify for an exception to the the document published in the Federal business day following the Federal electronic submission requirement, you Register. Free internet access to the holiday), you mail or fax a written (or a courier service) may deliver your official edition of the Federal Register statement to the Department, explaining paper application to the Department by and the Code of Federal Regulations is which of the two grounds for an hand. You must deliver the application, available via the Federal Digital System exception prevent you from using the on or before the application deadline at: www.gpo.gov/fdsys. At this site you Internet to submit your application. If date, to the Department at the following can view this document, as well as all you mail your written statement to the address: Darlene B. Collins, U.S. other documents of this Department Department, it must be postmarked no Department of Education, 1990 K Street published in the Federal Register, in later than two weeks before the NW., Room 6033, Washington, DC text or Adobe Portable Document application deadline date. If you fax 20006–8513. Format (PDF). To use PDF, you must your written statement to the Hand delivered applications will be have Adobe Acrobat Reader, which is Department, we must receive the faxed accepted daily between 8 a.m. and 4:30 available free at the site. You may also access documents of the statement no later than two weeks p.m., Washington, DC time, except Department published in the Federal before the application deadline date. Saturdays, Sundays, and Federal Register by using the article search Address and mail or fax your holidays. statement to: Darlene B. Collins, U.S. Applicable Regulations: (a) The feature at: www.federalregister.gov. Department of Education, 1990 K Street Education Department General Specifically, through the advanced NW., room 6033, Washington, DC Administrative Regulations in 34 CFR search feature at this site, you can limit 20006–8513. Fax: (202) 502–7861. parts 74, 75, 77, 79, 82, 84, 85, 86, 97, your search to documents published by Your paper application must be 98, and 99. (b) The regulations for the the Department. submitted in accordance with the mail Title III Programs in 34 CFR part 607, Program Authority: 20 U.S.C. 1057–1059g, or hand delivery instructions described and for the HSI Program in 34 CFR part 1067q, 1068a, and 1101–1103g. in this notice. 606. (c) The notice of final requirements Dated: December 9, 2011. Submission of Paper Applications by for the PPOHA Program, published in Eduardo M. Ochoa, Mail the Federal Register on July 27, 2010 Assistant Secretary for Postsecondary If you qualify for an exception to the (75 FR 44055). Education. electronic submission requirement, you Note: There are no program-specific [FR Doc. 2011–32196 Filed 12–14–11; 8:45 am] may mail (through the U.S. Postal regulations for the Part A AANAPISI, Part A BILLING CODE 4000–01–P Service or a commercial carrier) your NASNTI, and Part A PBI programs or any of application to the Department. You the Part F, title III programs. Also, there have been amendments to the HEA since we last DEPARTMENT OF EDUCATION must mail (using the U.S. Postal Service issued regulations for the programs or commercial carrier) the application, established under titles III and V of the Applications for New Awards; on or before the application deadline statute. Accordingly, we encourage each Graduate Assistance in Areas of date, to the Department at the following potential applicant to read the applicable National Need address: Darlene B. Collins, U.S. sections of the HEA in order to fully Department of Education, 1990 K Street, understand the eligibility requirements for AGENCY: Office of Postsecondary NW., Room 6033, Washington, DC the program for which they are applying. Education, Department of Education. Please note we are in the process of 20006–8513. ACTION: Notice. You must show proof of mailing amending the title III and title V regulations. consisting of one of the following: These updated regulations will include regulations for Part A AANAPISI, Part A Overview Information (1) A legibly dated U.S. Postal Service NASNTI, and Part A PBI programs, as well Graduate Assistance in Areas of postmark; as the Part F, title III programs. (2) A legible mail receipt with the National Need (GAANN) Program. date of mailing stamped by the U.S. FOR APPLICATIONS AND FURTHER Notice inviting applications for new Postal Service; INFORMATION CONTACT: Kelley Harris or awards for fiscal year (FY) 2012. (3) A dated shipping label, invoice, or Carnisia Proctor, Institutional Service, Catalog of Federal Domestic Assistance receipt from a commercial carrier; or U.S. Department of Education, 1990 K (CFDA) Number: 84.200A. (4) Any other proof of mailing Street NW., room 6033, Request for DATES: acceptable to the Secretary of the U.S. Eligibility Designation, Washington, DC Applications Available: December 15, Department of Education. 20006–8513. 2011.

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Deadline for Transmittal of Estimated Average Size of Awards: the content of an application, together Applications: January 20, 2012. $175,900. with the forms you must submit, are in Deadline for Intergovernmental Estimated Number of Awards: 175. the application package for this Review: March 20, 2012. Note: The Department is not bound by any program. Page Limit: The project narrative, Part Full Text of Announcement estimates in this notice. II of the application, is where you, the I. Funding Opportunity Description Project Period: Up to 36 months. applicant, address the selection criteria Stipend Level: The Secretary will Purpose of Program: The GAANN that reviewers use to evaluate your determine the fellowship stipend for the program provides grants to academic application. You must limit the project GAANN program for the academic year departments and programs of narrative (Part II) to no more than 40 2012–2013 based on the level of support institutions of higher education (IHEs) pages, using the standards listed below. provided by the graduate fellowships of to support graduate fellowships for A partial page will count as a full page the National Science Foundation students with excellent academic toward the page limit. For purposes of Graduate Research Fellowship Program, records who demonstrate financial need determining compliance with the page as of February 1, 2012. However, the and plan to pursue the highest degree limit, each page on which there are Secretary will adjust the amount as available in their course of study at the words will be counted as one full page, necessary so as not to exceed the institution. Students are not eligible to except as specifically discussed below: fellow’s demonstrated level of financial apply for grants under this program. • A project narrative in a single Priority: In accordance with 34 CFR need as calculated for purposes of the discipline must be limited to no more 75.105(b)(2)(ii), this priority is from the Federal Student Financial Aid Programs than 40 pages. regulations for this program (34 CFR under title IV, part F, of the Higher • An inter-disciplinary project 648.33(a) and Appendix to part 648— Education Act of 1965, as amended. narrative must be limited to no more Academic Areas). Institutional Payment: The Secretary than 40 pages. An inter-disciplinary Absolute Priority: For FY 2012, this will determine the institutional application must request funding for a priority is an absolute priority. Under 34 payment for the academic year 2012– single proposed program of study that CFR 75.105(c)(3), we consider only 2013 by adjusting the previous involves two or more academic applications that meet this priority. academic year’s institutional payment, disciplines. This priority is: which is $13,975 per fellow, by the U.S. • A multi-disciplinary project Areas of National Need: A project Department of Labor’s Consumer Price narrative must be limited to no more must provide fellowships in one or Index for the 2011 calendar year. than 40 pages for each academic more of the following areas of national III. Eligibility Information department included in the proposal. A need: Area Studies; Biological Sciences/ multi-disciplinary application must Life Sciences; Chemistry; Computer and 1. Eligible Applicants: Academic request funding for two or more Information Sciences; Engineering; departments of IHEs that meet the academic departments in areas of Foreign Languages and Literatures; requirements in 34 CFR 648.2. national need designated as priorities by Mathematics; Nursing; Physics; and 2. a. Cost Sharing or Matching: An the Secretary that are independent and Educational Evaluation, Research, and institution must provide, from non- unrelated to one another. Statistics. Federal funds, an institutional matching • A ‘‘page’’ is 8.5″ x 11″ , on one side Program Authority: 20 U.S.C. 1135. contribution equal to at least 25 percent only, with 1″ margins at the top, bottom, Applicable Regulations: (a) The of the grant amount received. (See 34 and both sides. Education Department General CFR 648.7.) • Double space (no more than three Administrative Regulations (EDGAR) in b. Supplement-Not-Supplant: This lines per vertical inch) all text in the 34 CFR parts 74, 75, 77, 79, 82, 84, 85, program involves supplement-not- project narrative, including titles, 86, 97, 98, and 99. (b) The regulations supplant funding requirements. (See 34 headings, footnotes, quotations, for this program in 34 CFR part 648. CFR 648.20.) references, and captions. Charts, tables, 3. Other: For requirements relating to Note: The regulations in 34 CFR part 79 figures, and graphs in the project apply to all applicants except federally selecting fellows, see 34 CFR 648.40. narrative may be single spaced and will recognized Indian tribes. count toward the page limit. IV. Application and Submission • Information Use a font that is either 12 point or Note: The regulations in 34 CFR part 86 larger or no smaller than 10 pitch apply to IHEs only. 1. Address to Request Application (characters per inch). However, you may Package: Rebecca Green, U.S. use a 10 point font in charts, tables, II. Award Information Department of Education, 1990 K Street figures, graphs, footnotes, and endnotes. Type of Award: Discretionary grants NW., room 7105, Washington, DC • Use one of the following fonts: redistributed as graduate fellowships to 20006–8510. Telephone (202) 502–7779 Times New Roman, Courier, Courier individual fellows. or by email: New, or Arial. An application submitted Estimated Available Funds: The [email protected]. in any other font (including Times Administration has requested If you use a telecommunications Roman or Arial Narrow) will not be $40,717,000 for this program for FY device for the deaf (TDD), call the accepted. 2012, of which $30,998,224 is estimated Federal Relay Service (FRS), toll free, at • Appendices are limited to the to be available for new awards. The 1–(800) 877–8339. following: Curriculum Vitae—no more actual level of funding, if any, depends Individuals with disabilities can than two pages per faculty member; a on final congressional action. However, obtain a copy of the application package course listing; letters of support; a we are inviting applications to allow in an accessible format (e.g., braille, bibliography; and one additional enough time to complete the grant large print, audiotape, or compact disc) optional appendix relevant to the process if Congress appropriates funds by contacting the program contact support of the proposal, not to exceed for this program. person listed in this section. five pages. Estimated Range of Awards: $131,925 2. Content and Form of Application The page limit does not apply to Part to $263,850. Submission: Requirements concerning I, the Application for Federal Assistance

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(SF 424) and the Department of a. Have a Data Universal Numbering We will reject your application if you Education Supplemental Information for System (DUNS) number and a Taxpayer submit it in paper format unless, as the SF 424 Form; the one-page Abstract; Identification Number (TIN); described elsewhere in this section, you the GAANN Statutory Assurances Form; b. Register both your DUNS number qualify for one of the exceptions to the the GAANN Budget Spreadsheet(s) and TIN with the Central Contractor electronic submission requirement and Form; the Appendices; or Part III, the Registry (CCR), the Government’s submit, no later than two weeks before Assurances and Certifications. The page primary registrant database; the application deadline date, a written limit also does not apply to a two-page c. Provide your DUNS number and statement to the Department that you Table of Contents, if you include one. TIN on your application; and qualify for one of these exceptions. However, the page limit does apply to d. Maintain an active CCR registration Further information regarding all of the project narrative section in with current information while your calculation of the date that is two weeks Part II. application is under review by the before the application deadline date is We will reject your application if you Department and, if you are awarded a provided later in this section under exceed the page limit. grant, during the project period. Exception to Electronic Submission 3. Submission Dates and Times: You can obtain a DUNS number from Requirement. Applications Available: December 15, Dun and Bradstreet. A DUNS number You may access the electronic grant 2011. can be created within one business day. application for the GAANN program at Deadline for Transmittal of If you are a corporate entity, agency, www.Grants.gov. You must search for Applications: January 20, 2012. institution, or organization, you can the downloadable application package Applications for grants under this obtain a TIN from the Internal Revenue for this program by the CFDA number. program must be submitted Service. If you are an individual, you Do not include the CFDA number’s electronically using the Grants.gov can obtain a TIN from the Internal alpha suffix in your search (e.g., search Apply site (Grants.gov). For information Revenue Service or the Social Security for 84.200, not 84.200A). Please note the following: (including dates and times) about how Administration. If you need a new TIN, • When you enter the Grants.gov site, to submit your application please allow 2–5 weeks for your TIN to you will find information about electronically, or in paper format by become active. submitting an application electronically mail or hand delivery if you qualify for The CCR registration process may take through the site, as well as the hours of an exception to the electronic five or more business days to complete. operation. submission requirement, please refer to If you are currently registered with the • Applications received by Grants.gov section IV. 7. Other Submission CCR, you may not need to make any are date and time stamped. Your Requirements of this notice. changes. However, please make certain application must be fully uploaded and We do not consider an application that the TIN associated with your DUNS submitted and must be date and time that does not comply with the deadline number is correct. Also note that you stamped by the Grants.gov system no requirements. will need to update your CCR later than 4:30 p.m., Washington, DC Individuals with disabilities who registration on an annual basis. This time, on the application deadline date. need an accommodation or auxiliary aid may take three or more business days to Except as otherwise noted in this in connection with the application complete. section, we will not accept your process should contact the person listed In addition, if you are submitting your application if it is received—that is, date under FOR FURTHER INFORMATION application via Grants.gov, you must (1) and time stamped by the Grants.gov CONTACT in section VII of this notice. If Be designated by your organization as system—after 4:30 p.m., Washington, the Department provides an an Authorized Organization DC time, on the application deadline accommodation or auxiliary aid to an Representative (AOR); and (2) register date. We do not consider an application individual with a disability in yourself with Grants.gov as an AOR. that does not comply with the deadline connection with the application Details on these steps are outlined at the requirements. When we retrieve your process, the individual’s application following Grants.gov Web Page: application from Grants.gov, we will remains subject to all other www.grants.gov/applicants/ notify you if we are rejecting your requirements and limitations in this get_registered.jsp. application because it was date and time notice. Deadline for Intergovernmental 7. Other Submission Requirements: stamped by the Grants.gov system after Review: March 20, 2012. Applications for grants under this 4:30 p.m., Washington, DC time, on the 4. Intergovernmental Review: This program must be submitted application deadline date. program is subject to Executive Order electronically unless you qualify for an • The amount of time it can take to 12372 and the regulations in 34 CFR exception to this requirement in upload an application will vary part 79. Information about accordance with the instructions in this depending on a variety of factors, Intergovernmental Review of Federal section. including the size of the application and Programs under Executive Order 12372 a. Electronic Submission of the speed of your Internet connection. is in the application package for this Applications. Therefore, we strongly recommend that program. Applications for grants under the you do not wait until the application 5. Funding Restrictions: We specify GAANN program, CFDA number deadline date to begin the submission unallowable costs in 34 CFR 648.64. We 84.200A, must be submitted process through Grants.gov. reference additional regulations electronically using the • You should review and follow the outlining funding restrictions in the Governmentwide Grants.gov Apply site Education Submission Procedures for Applicable Regulations section of this at www.Grants.gov. Through this site, submitting an application through notice. you will be able to download a copy of Grants.gov that are included in the 6. Data Universal Numbering System the application package, complete it application package for this program to Number, Taxpayer Identification offline, and then upload and submit ensure that you submit your application Number, and Central Contractor your application. You may not email an in a timely manner to the Grants.gov Registry: To do business with the electronic copy of a grant application to system. You can also find the Education Department of Education, you must— us. Submission Procedures pertaining to

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Grants.gov under News and Events on business day to enable you to transmit Department of Education, 1990 K Street the Department’s G5 system home page your application electronically or by NW., room 7105, Washington, DC at http://www.G5.gov. hand delivery. You also may mail your 20006–8510. Fax (202) 502–7857. • You will not receive additional application by following the mailing Your paper application must be point value because you submit your instructions described elsewhere in this submitted in accordance with the mail application in electronic format, nor notice. or hand delivery instructions described will we penalize you if you qualify for If you submit an application after in this notice. an exception to the electronic 4:30:00 p.m., Washington, DC time, on b. Submission of Paper Applications submission requirement, as described the application deadline date, please by Mail. elsewhere in this section, and submit contact the person listed under FOR If you qualify for an exception to the your application in paper format. FURTHER INFORMATION CONTACT in electronic submission requirement, you • You must submit all documents section VII of this notice and provide an may mail (through the U.S. Postal electronically, including all information explanation of the technical problem Service or a commercial carrier) your you typically provide on the following you experienced with Grants.gov, along application to the Department. You forms: The Application for Federal with the Grants.gov Support Desk Case must mail the original and two copies Assistance (SF 424), the Department of Number. We will accept your of your application, on or before the Education Supplemental Information for application if we can confirm that a application deadline date, to the the SF 424, the GAANN Budget technical problem occurred with the Department at the following address: Spreadsheet(s) Form, and the GAANN Grants.gov system and that that problem U.S. Department of Education, Statutory Assurances, and all necessary affected your ability to submit your Application Control Center, Attention: assurances and certifications. application by 4:30:00 p.m., (CFDA Number 84.200A), LBJ Basement • You must upload any narrative Washington, DC time, on the Level 1, 400 Maryland Avenue SW., sections and all other attachments to application deadline date. The Washington, DC 20202–4260. your application as files in a .PDF Department will contact you after a You must show proof of mailing (Portable Document) read-only, non- determination is made on whether your consisting of one of the following: modifiable format. Specifically, do not application will be accepted. (1) A legibly dated U.S. Postal Service upload an interactive or fillable .PDF postmark. file. If you upload a file type other than Note: The extensions to which we refer in (2) A legible mail receipt with the this section apply only to the unavailability a read-only, non-modifiable .PDF or date of mailing stamped by the U.S. of, or technical problems with, the Grants.gov Postal Service. submit a password-protected file, we system. We will not grant you an extension will not review that material. if you failed to fully register to submit your (3) A dated shipping label, invoice, or • Your electronic application must application to Grants.gov before the receipt from a commercial carrier. comply with any page-limit application deadline date and time or if the (4) Any other proof of mailing requirements described in this notice. technical problem you experienced is acceptable to the Secretary of the U.S. • After you electronically submit unrelated to the Grants.gov system. Department of Education. If you mail your application through your application, you will receive from Exception to Electronic Submission the U.S. Postal Service, we do not Grants.gov an automatic notification of Requirement: You qualify for an accept either of the following as proof receipt that contains a Grants.gov exception to the electronic submission of mailing: tracking number. (This notification requirement, and may submit your indicates receipt by Grants.gov only, not (1) A private metered postmark. application in paper format, if you are (2) A mail receipt that is not dated by receipt by the Department.) The unable to submit an application through Department then will retrieve your the U.S. Postal Service. the Grants.gov system because–– If your application is postmarked after application from Grants.gov and send a • You do not have access to the second notification to you by email. the application deadline date, we will Internet; or not consider your application. This second notification indicates that • You do not have the capacity to the Department has received your upload large documents to the Note: The U.S. Postal Service does not application and has assigned your Grants.gov system; uniformly provide a dated postmark. Before application a PR/Award number (an ED- and relying on this method, you should check specified identifying number unique to • No later than two weeks before the with your local post office. your application). application deadline date (14 calendar c. Submission of Paper Applications • We may request that you provide us days or, if the fourteenth calendar day by Hand Delivery. original signatures on forms at a later before the application deadline date If you qualify for an exception to the date. falls on a Federal holiday, the next electronic submission requirement, you Application Deadline Date Extension business day following the Federal (or a courier service) may deliver your in Case of Technical Issues with the holiday), you mail or fax a written paper application to the Department by Grants.gov System: If you are statement to the Department, explaining hand. You must deliver the original and experiencing problems submitting your which of the two grounds for an two copies of your application by hand, application through Grants.gov, please exception prevent you from using the on or before the application deadline contact the Grants.gov Support Desk, Internet to submit your application. date, to the Department at the following toll free, at 1–(800) 518–4726. You must If you mail your written statement to address: U.S. Department of Education, obtain a Grants.gov Support Desk Case the Department, it must be postmarked Application Control Center, Attention: Number and must keep a record of it. no later than two weeks before the (CFDA Number 84.200A), 550 12th If you are prevented from application deadline date. If you fax Street SW., Room 7041, Potomac Center electronically submitting your your written statement to the Plaza, Washington, DC 20202–4260. application on the application deadline Department, we must receive the faxed The Application Control Center date because of technical problems with statement no later than two weeks accepts hand deliveries daily between 8 the Grants.gov system, we will grant you before the application deadline date. a.m. and 4:30 p.m., Washington, DC an extension until 4:30:00 p.m., Address and mail or fax your time, except Saturdays, Sundays, and Washington, DC time, the following statement to: Rebecca Green, Federal holidays.

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Note for Mail or Hand Delivery of such as on-site visits and monthly under 34 CFR 75.720(c). For specific Paper Applications: If you mail or hand conference calls. It could also include requirements on reporting, please go to deliver your application to the placing the grantee on a cost www.ed.gov/fund/grant/apply/ Department— reimbursement status if necessary. appforms/appforms.html. (1) You must indicate on the envelope For grantees with missing or late (c) Grantees will be required to submit and—if not provided by the audits, program staff will contact the a supplement to the Final Performance Department—in Item 11 of the SF 424 grantee to obtain a copy of the audit Report two years after the expiration of the CFDA number, including suffix report. Audit reports will be reviewed their GAANN grant. The purpose of this letter, if any, of the competition under upon receipt and applicable findings, if supplement is to identify and report the which you are submitting your any, will be addressed through requiring educational outcome of each GAANN application; and corrective actions and special fellow. (2) The Application Control Center conditions if appropriate. Technical 4. Performance Measures: Under the will mail to you a notification of receipt assistance will be provided to these Government Performance and Results of your grant application. If you do not grantees as needed. Act of 1993 (GPRA), the following receive this notification within 15 VI. Award Administration Information measures will be used by the business days from the application Department in assessing the deadline date, you should call the U.S. 1. Award Notices: If your application performance of the GAANN program: Department of Education Application is successful, we notify your U.S. Control Center at (202) 245–6288. Representative and U.S. Senators and (1) The percentage of GAANN fellows send you a Grant Award Notification completing the terminal degree in the V. Application Review Information (GAN). We may notify you informally, designated areas of national need. 1. Selection Criteria: The selection also. (2) The percentage of GAANN fellows criteria for this program are in 34 CFR If your application is not evaluated or from traditionally underrepresented 648.31. not selected for funding, we notify you. groups. 2. Review and Selection Process: We 2. Administrative and National Policy (3) The median time to completion of remind potential applicants that in Requirements: We identify Master’s and Doctorate degrees for reviewing applications in any administrative and national policy GAANN students. requirements in the application package discretionary grant competition, the If funded, you will be required to and reference these and other Secretary may consider, under 34 CFR collect and report data in your project’s requirements in the Applicable 75.217(d)(3), the past performance of the annual performance report (34 CFR Regulations section of this notice. applicant in carrying out a previous 75.590) on these measures and on steps We reference the regulations outlining award, such as the applicant’s use of taken toward improving performance on the terms and conditions of an award in funds, achievement of project these outcomes. Consequently, the Applicable Regulations section of objectives, and compliance with grant applicants are advised to include these this notice and include these and other conditions. The Secretary may also outcomes in conceptualizing the design, specific conditions in the GAN. The consider whether the applicant failed to implementation, and evaluation of their GAN also incorporates your approved submit a timely performance report or proposed projects. Their measurement application as part of your binding submitted a report of unacceptable should be a part of the project commitments under the grant. quality. evaluation plan, along with measures of In addition, in making a competitive 3. Reporting: (a) If you apply for a grant under this competition, you must your progress on the goals and grant award, the Secretary also requires objectives specific to your project. various assurances including those ensure that you have in place the applicable to Federal civil rights laws necessary processes and systems to All grantees will be expected to that prohibit discrimination in programs comply with the reporting requirements submit an annual performance report or activities receiving Federal financial in 2 CFR part 170 should you receive documenting their success in addressing assistance from the Department of funding under the competition. This these performance measures. Education (34 CFR 100.4, 104.5, 106.4, does not apply if you have an exception 5. Continuation Awards: In making a 108.8, and 110.23). under 2 CFR 170.110(b). continuation award, the Secretary may Additional factors we consider in (b) At the end of your project period, consider, under 34 CFR 75.253, the selecting an application for an award are you must submit a final performance extent to which a grantee has made in 34 CFR 648.32. report, including financial information, ‘‘substantial progress toward meeting 3. Special Conditions: Under 34 CFR as directed by the Secretary. If you the objectives in its approved 74.14 and 80.12, the Secretary may receive a multi-year award, you must application.’’ This consideration impose special conditions on a grant if submit an annual performance report includes the review of a grantee’s the applicant or grantee is not that provides the most current progress in meeting the targets and financially stable; has a history of performance and financial expenditure projected outcomes in its approved unsatisfactory performance; has a information as directed by the Secretary application, and whether the grantee financial or other management system under 34 CFR 75.118 and 34 CFR has expended funds in a manner that is that does not meet the standards in 34 648.66. If you wish to view the consistent with its approved application CFR parts 74 or 80, as applicable; has performance report currently required, and budget. In making a continuation not fulfilled the conditions of a prior visit the GAANN program Web site at: grant, the Secretary also considers grant; or is otherwise not responsible. http://www2.ed.gov/programs/gaann/ whether the grantee is operating in With regard to those grantees with performance.html. Please be advised compliance with the assurances in its significant adverse risk assessment that the report is for informational approved application, including those findings, the Secretary will attach purposes only, and does not reflect the applicable to Federal civil rights laws special terms and conditions to their actual reporting instrument that you that prohibit discrimination in programs grant awards. These terms and will use, should you receive a GAANN or activities receiving Federal financial conditions could include requiring grant. The Secretary may also require assistance from the Department (34 CFR special reporting or targeted monitoring more frequent performance reports 100.4, 104.5, 106.4, 108.8, and 110.23).

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VII. Agency Contact meeting be announced in the Federal Issued at Washington, DC, on December 7, Register. 2011. FOR FURTHER INFORMATION CONTACT: LaTanya Butler, Rebecca Green, U.S. Department of DATES: Wednesday, January 18, 2012; 8 Acting Deputy Committee Management Education, Graduate Assistance in Areas a.m.–5 p.m. (CST). Officer. of National Need Program, 1990 K Street ADDRESSES: Hilton Houston North, [FR Doc. 2011–32159 Filed 12–14–11; 8:45 am] NW., Room 7105, Washington, DC 12400 Greenspoint Drive, Houston, BILLING CODE 6450–01–P 20006–8510. Telephone (202) 502–7779 Texas 77060. or by email: _ _ OPE GAANN [email protected]. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY If you use a TDD, call the FRS, toll Elena Melchert, U.S. Department of free, at 1–(800) 877–8339. Energy, Office of Oil and Natural Gas, Ultra-Deepwater Advisory Committee Washington, DC 20585. Phone: (202) VIII. Other Information 586–5600. AGENCY: Office of Fossil Energy, Accessible Format: Individuals with Department of Energy. SUPPLEMENTARY INFORMATION: disabilities can obtain this document ACTION: Notice of open meeting. and a copy of the application package in Purpose of the Committee: The an accessible format (e.g., braille, large purpose of the Unconventional SUMMARY: This notice announces a print, audiotape, or compact disc) on Resources Technology Advisory meeting of the Ultra-Deepwater request to the program contact person Committee is to provide advice to the Advisory Committee. The Federal listed under FOR FURTHER INFORMATION Secretary of Energy on development and Advisory Committee Act (Pub. L. 92– CONTACT in section VII of this notice. implementation of programs related to 463, 86 Stat. 770) requires that public Electronic Access to This Document: unconventional natural gas and other notice of this meeting be announced in The official version of this document is petroleum resources; and to provide the Federal Register. the document published in the Federal comments for the Department of Energy DATES: Thursday, January 19, 2012, 8 Register. Free Internet access to the Annual Plan per requirements of the a.m.–5 p.m. (CST). official edition of the Federal Register Energy Policy Act of 2005, Title IX, ADDRESSES: Hilton Houston North, and the Code of Federal Regulations is Subtitle J, Section 999D. 12400 Greenspoint Drive, Houston, available via the Federal Digital System Tentative Agenda Texas 77060. at: www.gpo.gov/fdsys. At this site you FOR FURTHER INFORMATION CONTACT: January 18, 2012 can view this document, as well as all Elena Melchert, U.S. Department of other documents of this Department 7:30 a.m.–8 a.m.: Registration. Energy, Office of Oil and Natural Gas, published in the Federal Register, in Washington, DC 20585. Phone: (202) text or Adobe Portable Document 8 a.m.–noon: Call to Order, Welcome, Introductions, Opening Remarks, 586–5600. Format (PDF). To use PDF you must SUPPLEMENTARY INFORMATION: have Adobe Acrobat Reader, which is Overview of the Section 999 Research Portfolio (Unconventional Resources, Purpose of the Committee: The available free at this site. purpose of the Ultra-Deepwater You may also access documents of the Small Producers, and NETL Complementary Research). Advisory Committee is to provide Department published in the Federal advice to the Secretary of Energy on Register by using the article search 1 p.m.–4:45 p.m.: Overview of Draft 2012 Annual Pla. development and implementation of feature at: www.federalregister.gov. programs related to ultra-deepwater Specifically, through the advanced 4:45 p.m.–5 p.m.: Public Comment. natural gas and other petroleum search feature at this site, you can limit 5 p.m.: Adjourn. resources; and to provide comments for your search to documents published by Public Participation: The meeting is the Department of Energy Annual Plan the Department. open to the public. The Designated per requirements of the Energy Policy Dated: December 9, 2011. Federal Officer and the Chairman of the Act of 2005, Title IX, Subtitle J, Section Eduardo M. Ochoa, Committee will lead the meeting for the 999D. Assistant Secretary for Postsecondary orderly conduct of business. If you Tentative Agenda Education. would like to file a written statement [FR Doc. 2011–32197 Filed 12–14–11; 8:45 am] with the Committee, you may do so January 19, 2012 BILLING CODE 4000–01–P either before or after the meeting. If you 7:30 a.m.–8 a.m.: Registration. would like to make oral statements 8 a.m.–noon: Call to Order, Welcome, regarding any of the items on the Introductions, Opening Remarks, agenda, you should contact Elena Overview of the Section 999 Research DEPARTMENT OF ENERGY Melchert at the telephone number listed Portfolio (Ultra-Deepwater and NETL above. You must make your request for Complementary Research). Unconventional Resources an oral statement at least three business Technology Advisory Committee 1 p.m.–4:45 p.m.: Overview of Draft days prior to the meeting, and 2012 Annual Plan. AGENCY: Office of Fossil Energy, reasonable provisions will be made to 4:45 p.m.–5 p.m.: Public Comments. Department of Energy. include all who wish to speak. Public 5 p.m.: Adjourn. comment will follow the three minute ACTION: Notice of open meeting. Public Participation: The meeting is rule. open to the public. The Designated SUMMARY: This notice announces a Minutes: The minutes of this meeting Federal Officer and the Chairman of the meeting of the Unconventional will be available for public review and Committee will lead the meeting for the Resources Technology Advisory copying within 60 days at: http:// orderly conduct of business. If you Committee. The Federal Advisory www.fossil.energy.gov/programs/oilgas/ would like to file a written statement Committee Act (Pub. L. 92–463, 86 Stat. advisorycommittees/ with the Committee, you may do so 770) requires that public notice of this UnconventionalResources.html. either before or after the meeting. If you

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would like to make oral statements Docket Numbers: ER12–570–000. Filed Date: 12/7/11. regarding any of the items on the Applicants: Sandy Ridge Wind, LLC. Accession Number: 20111207–5181. agenda, you should contact Elena Description: Request for Category 1 Comments Due: 5 p.m. ET 12/28/11. Melchert at the telephone number listed Seller Status to be effective 12/8/2011. The filings are accessible in the above. You must make your request for Filed Date: 12/7/11. Commission’s eLibrary system by an oral statement at least three business Accession Number: 20111207–5134. clicking on the links or querying the days prior to the meeting, and Comments Due: 5 p.m. ET 12/28/11. docket number. reasonable provisions will be made to Docket Numbers: ER12–571–000. Any person desiring to intervene or include all who wish to speak. Public Applicants: Chestnut Flats Wind, protest in any of the above proceedings comment will follow the three minute LLC. must file in accordance with Rules 211 rule. Description: Request for Category 1 and 214 of the Commission’s Minutes: The minutes of this meeting Seller Status to be effective 12/8/2011. Regulations (18 CFR 385.211 and will be available for public review and Filed Date: 12/7/11. 385.214) on or before 5 p.m. Eastern copying within 60 days at: http:// Accession Number: 20111207–5140. time on the specified comment date. www.fossil.energy.gov/programs/oilgas/ Comments Due: 5 p.m. ET 12/28/11. Protests may be considered, but advisorycommittees/ Docket Numbers: ER12–572–000. intervention is necessary to become a UltraDeepwater.html. Applicants: Fowler Ridge III Wind party to the proceeding. Farm LLC. eFiling is encouraged. More detailed Issued at Washington, DC, on December 7, Description: Certificate of information relating to filing 2011. Concurrence to be effective 8/18/2010. requirements, interventions, protests, LaTanya Butler, Filed Date: 12/7/11. service, and qualifying facilities filings Acting Deputy Committee Management Accession Number: 20111207–5152. can be found at: http://www.ferc.gov/ Officer. Comments Due: 5 p.m. ET 12/28/11. docs-filing/efiling/filing-req.pdf. For [FR Doc. 2011–32160 Filed 12–14–11; 8:45 am] Docket Numbers: ER12–573–000. other information, call (866) 208–3676 BILLING CODE 6450–01–P Applicants: Pacific Gas and Electric (toll free). For TTY, call (202) 502–8659. Company. Dated: December 8, 2011. Description: Transmission Access Nathaniel J. Davis, Sr., DEPARTMENT OF ENERGY Charge Balancing Account Adjustment (TACBAA) 2012 to be effective 3/1/ Deputy Secretary. Federal Energy Regulatory 2012. [FR Doc. 2011–32146 Filed 12–14–11; 8:45 am] Commission Filed Date: 12/7/11. BILLING CODE 6717–01–P Accession Number: 20111207–5153. Combined Notice of Filings #1 Comments Due: 5 p.m. ET 12/28/11. DEPARTMENT OF ENERGY Take notice that the Commission Docket Numbers: ER12–574–000. received the following electric corporate Applicants: ITC Midwest LLC. Federal Energy Regulatory filings: Description: Filing of a Contribution Commission in Aid of Construction Agreement to be Docket Numbers: EC12–45–000. effective 2/6/2012. Combined Notice of Filings Applicants: South Carolina Electric & Filed Date: 12/7/11. Gas Company. Accession Number: 20111207–5154. Take notice that the Commission has Description: Application for Comments Due: 5 p.m. ET 12/28/11. received the following Natural Gas Authorization under Section 203 of the Docket Numbers: ER12–575–000. Pipeline Rate and Refund Report filings: Federal Power Act for Acquisition of Applicants: Alabama Power Jurisdictional Facilities of South Filings Instituting Proceedings Company. Carolina Electric & Gas Company. Description: Alabama Power Docket Numbers: RP12–224–000. Filed Date: 12/7/11. Company submits tariff filing per Applicants: Iroquois Gas Accession Number: 20111207–5183. 35.13(a)(2)(iii: SWE (Tombigbee) NITSA Transmission System, L.P. Comments Due: 5 p.m. ET 12/28/11. Description: 12/07/11 Negotiated Filing to be effective 1/1/2012. Rates—Sequent Energy Management— Take notice that the Commission Filed Date: 12/7/11. RTS to be effective 12/8/2011. received the following electric rate Accession Number: 20111207–5156. filings: Filed Date: 12/7/11. Comments Due: 5 p.m. ET 12/28/11. Accession Number: 20111207–5122. Docket Numbers: ER12–348–000. Docket Numbers: ER12–576–000. Comments Due: 5 p.m. ET 12/19/11. Applicants: Mercuria Energy America, Applicants: Northeast Utilities Any person desiring to intervene or Inc. Service Company. protest in any of the above proceedings Description: Mercuria Energy Description: Northeast Utilities must file in accordance with Rules 211 America, Inc. Submits Clarification and Service Company; Notice of and 214 of the Commission’s Affirmation Regarding Erected barriers Cancellation of Service Agreements. Regulations (18 CFR 385.211 and to entry. Filed Date: 12/7/11. 385.214) on or before 5 p.m. Eastern Filed Date: 11/10/11. Accession Number: 20111207–5184. time on the specified comment date. Accession Number: 20111110–5143. Comments Due: 5 p.m. ET 12/28/11. Protests may be considered, but Comments Due: 5 p.m. ET 12/9/11. Take notice that the Commission intervention is necessary to become a Docket Numbers: ER12–569–000. received the following public utility party to the proceeding. Applicants: Blackwell Wind, LLC. holding company filings: Description: Blackwell Wind, LLC Docket Numbers: PH12–4–000. Filings in Existing Proceedings Market-Based Rate Tariff to be effective Applicants: Fidelity Management & Docket Numbers: RP12–217–001. 2/5/2012. Research Company. Applicants: Iroquois Gas Filed Date: 12/7/11. Description: FERC–65A Exemption Transmission System, L.P. Accession Number: 20111207–5116. Notification of Fidelity Management & Description: 12/07/11 Negotiated Comments Due: 5 p.m. ET 12/28/11. Research Company. Rates—Freepoint Commodities—

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Amendment Correction to be effective Docket Numbers: EG12–19–000. submits tariff filing per 35.13(a)(2)(iii: 12/1/2011. Applicants: Minco Wind 12–08–11 BREC Attachment O Deletion Filed Date: 12/7/11. Interconnection Services, LLC. to be effective 1/1/2012. Accession Number: 20111207–5125. Description: Self-Certification of EG of Filed Date: 12/8/11. Comments Due: 5 p.m. ET 12/19/11. Minco Wind Interconnection Services, Accession Number: 20111208–5086. Docket Numbers: RP11–2552–001. LLC. Comments Due: 5 p.m. ET 12/29/11. Applicants: Central New York Oil Filed Date: 12/8/11. The filings are accessible in the And Gas, LLC. Accession Number: 20111208–5068. Commission’s eLibrary system by Description: Notice of In-Service Comments Due: 5 p.m. ET 12/29/11. clicking on the links or querying the (Docket Nos. RP11–2530–000, RP11– Take notice that the Commission docket number. 2552–001, RP11–2570–000) to be received the following electric rate Any person desiring to intervene or effective N/A. filings: protest in any of the above proceedings Filed Date: 12/7/11. Docket Numbers: ER10–1484–001. must file in accordance with Rules 211 Accession Number: 20111207–5092. Applicants: Shell Energy North and 214 of the Commission’s Comments Due: 5 p.m. ET 12/19/11. America (U.S.), L.P. Regulations (18 CFR 385.211 and Docket Numbers: RP12–218–001. Description: Supplement to Updated 385.214) on or before 5 p.m. Eastern Applicants: Iroquois Gas Market Power Analysis for the Northeast time on the specified comment date. Transmission System, L.P. Region of Shell Energy North America Protests may be considered, but Description: 12/07/11 Negotiated (US), L.P. intervention is necessary to become a Rates—Conoco Phillips—Amendment Filed Date: 12/2/11. party to the proceeding. Correction to be effective 12/1/2011. Accession Number: 20111202–5183. eFiling is encouraged. More detailed Filed Date: 12/7/11. Comments Due: 5 p.m. ET 12/23/11. information relating to filing Accession Number: 20111207–5124. Docket Numbers: ER11–3953–002. requirements, interventions, protests, Comments Due: 5 p.m. ET 12/19/11. Applicants: ISO New England Inc., service, and qualifying facilities filings New England Power Pool Participants can be found at: http://www.ferc.gov/ Docket Numbers: RP12–219–001. docs-filing/efiling/filing-req.pdf. For Applicants: Iroquois Gas Committee. Description: ISO New England Inc. other information, call (866) 208–3676 Transmission System, L.P. (toll free). For TTY, call (202) 502–8659. Description: 12/07/11 Negotiated submits tariff filing per 35: Revisions to Rates—Citigroup Energy—Amendment ISO–NE FAP Compliance Order—Part 1 Dated: December 8, 2011. Correction to be effective 12/2/2011. of 2 to be effective 2/6/2012. Nathaniel J. Davis, Sr., Filed Date: 12/7/11. Filed Date: 12/8/11. Deputy Secretary. Accession Number: 20111207–5123. Accession Number: 20111208–5053. [FR Doc. 2011–32153 Filed 12–14–11; 8:45 am] Comments Due: 5 p.m. ET 12/29/11. Comments Due: 5 p.m. ET 12/19/11. BILLING CODE 6717–01–P Any person desiring to protest in any Docket Numbers: ER11–3953–003. the above proceedings must file in Applicants: ISO New England Inc., accordance with Rule 211 of the New England Power Pool Participants DEPARTMENT OF ENERGY Commission’s Regulations (18 CFR Committee. 385.211) on or before 5 p.m. Eastern Description: ISO New England Inc. Federal Energy Regulatory time on the specified comment date. submits tariff filing per 35: Revisions to Commission ISO–NE FAP Compliance Filing—Part 2 The filings are accessible in the Combined Notice of Filings #2 Commission’s eLibrary system by of 2 to be effective 5/1/2012. clicking on the links or querying the Filed Date: 12/8/11. Take notice that the Commission docket number. Accession Number: 20111208–5066. received the following electric rate eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 12/29/11. filings: information relating to filing Docket Numbers: ER12–275–001. Docket Numbers: ER10–1476–001. requirements, interventions, protests, Applicants: Dynegy Oakland, LLC. Applicants: Tampa Electric Company. and service can be found at: http:// Description: Dynegy Oakland, LLC Description: Supplemental www.ferc.gov/docs-filing/efiling/filing- submits tariff filing per 35.17(b): Information of Tampa Electric req.pdf. For other information, call (866) Request for Deferral of Commission Company. 208–3676 (toll free). For TTY, call (202) Action to be effective 1/1/2012. Filed Date: 11/10/11. 502–8659. Filed Date: 12/8/11. Accession Number: 20111110–5170. Accession Number: 20111208–5085. Comments Due: 5 p.m. ET 12/28/11. Dated: December 8, 2011. Comments Due: 5 p.m. ET 12/29/11. Docket Numbers: ER10–2331–001; Nathaniel J. Davis, Sr. Docket Numbers: ER12–577–000. ER10–2343–001; ER10–2320–001; ER10– Deputy Secretary Applicants: Burley Butte Wind Park, 2322–002; ER10–2326–001; ER10–2327– [FR Doc. 2011–32152 Filed 12–14–11; 8:45 am] LLC. 002; ER10–2330–001. BILLING CODE 6717–01–P Description: Burley Butte Wind Park, Applicants: J.P. Morgan Ventures LLC submits tariff filing per 35: Burley Energy Corporation. Butte Category 2 Compliance Filing to Description: Supplement to Updated DEPARTMENT OF ENERGY be effective 12/6/2011. Market Power Analysis and Order Nos. Filed Date: 12/7/11. 697 and 697–A Compliance Filing of the Federal Energy Regulatory Accession Number: 20111207–5187. JPMorgan Sellers. Commission Comments Due: 5 p.m. ET 12/28/11. Filed Date: 12/7/11. Combined Notice of Filings #2 Docket Numbers: ER12–578–000. Accession Number: 20111207–5019. Applicants: Midwest Independent Comments Due: 5 p.m. ET 12/28/11. Take notice that the Commission Transmission System Operator, Inc. Docket Numbers: ER12–559–000. received the following exempt Description: Midwest Independent Applicants: Golden Valley Wind Park, wholesale generator filings: Transmission System Operator, Inc. LLC.

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Description: Golden Valley Category 2 Accession Number: 20111207–5088. DEPARTMENT OF ENERGY Compliance Filing to be effective 12/7/ Comments Due: 5 p.m. ET 12/28/11. 2011. Federal Energy Regulatory Filed Date: 12/7/11. Docket Numbers: ER12–567–000. Commission Accession Number: 20111207–5066. Applicants: Salmon Falls Wind Park, Combined Notice of Filings #1 Comments Due: 5 p.m. ET 12/28/11. LLC. Docket Numbers: ER12–560–000. Description: Salmon Falls Category 2 Take notice that the Commission Applicants: Milner Dam Wind Park, Compliance Filing to be effective 12/7/ received the following electric corporate LLC. 2011. filings: Description: Milner Dam Category 2 Filed Date: 12/7/11. Docket Numbers: EC12–44–000. Compliance Filing to be effective 12/7/ Applicants: ITC Midwest LLC. 2011. Accession Number: 20111207–5101. Description: Section 203 Application Filed Date: 12/7/11. Comments Due: 5 p.m. ET 12/28/11. of ITC Midwest LLC. Accession Number: 20111207–5067. Filed Date: 12/6/11. Comments Due: 5 p.m. ET 12/28/11. Docket Numbers: ER12–568–000. Accession Number: 20111206–5159. Docket Numbers: ER12–561–000. Applicants: Yahoo Creek Wind Park, Comments Due: 5 p.m. ET 12/27/11. Applicants: Oregon Trail Wind Park, LLC. Take notice that the Commission LLC. Description: Yahoo Creek Category 2 received the following exempt Description: Oregon Trail Category 2 Compliance Filing to be effective 12/7/ wholesale generator filings: Compliance Filing to be effective 12/7/ 2011. Docket Numbers: EG12–18–000. 2011. Filed Date: 12/7/11. Applicants: CPV Cimarron Renewable Filed Date: 12/7/11. Energy Company LL. Accession Number: 20111207–5070. Accession Number: 20111207–5105. Description: Self-Certification as EWG Comments Due: 5 p.m. ET 12/28/11. Comments Due: 5 p.m. ET 12/28/11. of CPV Cimarron Renewable Energy Docket Numbers: ER12–562–000. Company LLC. Applicants: Pilgrim Stage Station Take notice that the Commission Filed Date: 12/6/11. Wind Park, LLC. received the following foreign utility Accession Number: 20111206–5096. Description: Pilgrim Stage Category 2 company status filings: Comments Due: 5 p.m. ET 12/27/11. Compliance Filing to be effective 12/7/ Docket Numbers: FC12–5–000. Take notice that the Commission 2011. received the following electric rate Applicants: Bangkok Cogeneration Filed Date: 12/7/11. filings: Co., Ltd. Accession Number: 20111207–5076. Docket Numbers: ER10–2835–001. Comments Due: 5 p.m. ET 12/28/11. Description: Self-Certification of FC of Applicants: Google Energy LLC. Docket Numbers: ER12–563–000. Bangkok Cogeneration Co., Ltd. Description: Notice of Change of Applicants: Thousand Springs Wind Filed Date: 12/7/11. Status of Google Energy LLC. Park, LLC. Accession Number: 20111207–5093. Filed Date: 12/6/11. Description: Thousand Springs Accession Number: 20111206–5166. Category 2 Compliance Filing to be Comments Due: 5 p.m. ET 12/28/11. Comments Due: 5 p.m. ET 12/27/11. effective 12/7/2011. The filings are accessible in the Docket Numbers: ER10–2964–002; Filed Date: 12/7/11. Commission’s eLibrary system by ER10–2959–002. Accession Number: 20111207–5077. clicking on the links or querying the Applicants: Selkirk Cogen Partners, Comments Due: 5 p.m. ET 12/28/11. docket number. L.P., Chambers Cogeneration, Limited Docket Numbers: ER12–564–000. Partnership. Any person desiring to intervene or Applicants: Tuana Gulch Wind Park, Description: Notice of Non-Material protest in any of the above proceedings LLC. Change in Status (Chambers and must file in accordance with Rules 211 Description: Tuana Gulch Category 2 Selkirk). Compliance Filing to be effective 12/7/ and 214 of the Commission’s Filed Date: 12/6/11. 2011. Regulations (18 CFR 385.211 and Accession Number: 20111206–5072. Filed Date: 12/7/11. 385.214) on or before 5 p.m. Eastern Comments Due: 5 p.m. ET 12/27/11. time on the specified comment date. Accession Number: 20111207–5078. Docket Numbers: ER12–85–001. Protests may be considered, but Comments Due: 5 p.m. ET 12/28/11. Applicants: Owens Corning Sales, Docket Numbers: ER12–565–000. intervention is necessary to become a LLC. Applicants: Camp Reed Wind Park, party to the proceeding. Description: Owens Corning Rate LLC. eFiling is encouraged. More detailed Schedule FERC No. 1 Amendment to be Description: Camp Reed Category 2 information relating to filing effective 12/6/2011. Compliance Filing to be effective 12/7/ requirements, interventions, protests, Filed Date: 12/6/11. 2011. service, and qualifying facilities filings Accession Number: 20111206–5043. Filed Date: 12/7/11. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 12/27/11. Accession Number: 20111207–5083. docs-filing/efiling/filing-req.pdf. For Docket Numbers: ER12–551–000. Comments Due: 5 p.m. ET 12/28/11. other information, call (866) 208–3676 Applicants: Westar Energy, Inc. Docket Numbers: ER12–566–000. (toll free). For TTY, call (202) 502–8659. Description: Compliance Filing, Applicants: Payne’s Ferry Wind Park, Dated: December 7, 2011. Schedule 3A, Generator Regulation & LLC. Frequency Response Svc to be effective Nathaniel J. Davis, Sr., Description: Payne’s Ferry Category 2 12/25/2011. Compliance Filing to be effective 12/7/ Deputy Secretary. Filed Date: 12/6/11. 2011. [FR Doc. 2011–32150 Filed 12–14–11; 8:45 am] Accession Number: 20111206–5001. Filed Date: 12/7/11. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 12/27/11.

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Docket Numbers: ER12–554–000. other information, call (866) 208–3676 Dated: December 6, 2011. Applicants: Alabama Power (toll free). For TTY, call (202) 502–8659. Nathaniel J. Davis, Sr. Company. Dated: December 7, 2011. Deputy Secretary. Description: Greenway Renewable Nathaniel J. Davis, Sr., [FR Doc. 2011–32147 Filed 12–14–11; 8:45 am] Power LGIA Filing to be effective 11/28/ Deputy Secretary. BILLING CODE 6717–01–P 2011. Filed Date: 12/6/11. [FR Doc. 2011–32151 Filed 12–14–11; 8:45 am] Accession Number: 20111206–5079. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 12/27/11. Federal Energy Regulatory Docket Numbers: ER12–555–000. DEPARTMENT OF ENERGY Applicants: Midwest Independent Commission Transmission System Operator, Inc. Federal Energy Regulatory [Docket No. CP12–25–000; RP12–220–000 Description: G427 LGIA Termination Commission (cancelled)] to be effective 2/5/2012. Filed Date: 12/6/11. Combined Notice of Filings Brian Hamilton v. El Paso Natural Gas, Accession Number: 20111206–5091. El Paso Western Pipelines; Notice Comments Due: 5 p.m. ET 12/27/11. Take notice that the Commission has Announcing Docket Number Change received the following Natural Gas Docket Numbers: ER12–556–000. Pipeline Rate and Refund Report filings: On December 2, 2011, the Applicants: California Independent Commission issued a notice in docket System Operator Corporation. Filings Instituting Proceedings number RP12–220–000. Notice of Description: 2011–12–06 LGIA Docket Numbers: RP12–221–000. Complaint, December 2, 2011. between CAISO, SDGE and C SOLAR to Commission’s staff has decided to Applicants: Alliance Pipeline L.P. be effective 10/22/2011. cancel the original docket number, Filed Date: 12/6/11. Description: Contract Ext 2011 to be RP12–220–000 and give the proceeding Accession Number: 20111206–5095. effective 1/1/2012. a new docket number. This notice Comments Due: 5 p.m. ET 12/27/11. Filed Date: 12/2/11. changes the docket number of the Docket Numbers: ER12–557–000. Accession Number: 20111202–5086. proceeding to CP12–25–000 as Applicants: Southwest Power Pool, Comments Due: 5 p.m. ET 12/14/11. referenced above. Inc. Docket Numbers: RP12–222–000. The docket number change does not Description: 1636R6 Kansas Electric Applicants: Ruby Pipeline, L.L.C. affect the original comment due date of this proceeding, which is December 21, Power Cooperative, Inc. NITSA NOA to Description: Non-Conforming 2011. be effective 10/1/2011. Negotiated Rate Agreement to be Filed Date: 12/6/11. effective 1/3/2012. Dated: December 8, 2011. Accession Number: 20111206–5110. Filed Date: 12/2/11. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 12/27/11. Accession Number: 20111202–5135. Deputy Secretary. Take notice that the Commission Comments Due: 5 p.m. ET 12/14/11. [FR Doc. 2011–32149 Filed 12–14–11; 8:45 am] received the following electric securities BILLING CODE 6717–01–P Docket Numbers: RP12–223–000. filings: Applicants: Guardian Pipeline, L.L.C. Docket Numbers: ES12–7–000. Description: Non-conforming Applicants: Westar Energy, Inc. DEPARTMENT OF ENERGY Agreement—Sequent PAL to be effective Description: Application of Westar 5/1/2011. Federal Energy Regulatory Energy, Inc. for an Order authorizing the Commission issuance and pledge of securities under Filed Date: 12/6/11. Section 204 of the Federal Power Act. Accession Number: 20111206–5000. [Project No. 2784–004–CA] Filed Date: 12/6/11. Comments Due: 5 p.m. ET 12/19/11. Accession Number: 20111206–5151. Any person desiring to intervene or Pacific Gas and Electric Company; Comments Due: 5 p.m. ET 12/27/11. protest in any of the above proceedings Notice of Availability of Environmental Assessment The filings are accessible in the must file in accordance with Rules 211 Commission’s eLibrary system by and 214 of the Commission’s In accordance with the National clicking on the links or querying the Regulations (18 CFR 385.211 and Environmental Policy Act of 1969 and docket number. 385.214) on or before 5 p.m. Eastern the Federal Energy Regulatory Any person desiring to intervene or time on the specified comment date. Commission’s (Commission) protest in any of the above proceedings Protests may be considered, but regulations, 18 CFR part 380 (Order No. must file in accordance with Rules 211 intervention is necessary to become a 486, 52 FR 47897), the Office of Energy and 214 of the Commission’s party to the proceeding. Projects has reviewed the application Regulations (18 CFR 385.211 and The filings are accessible in the for a new license for the Rollins 385.214) on or before 5 p.m. Eastern Commission’s eLibrary system by Transmission Line Project located time on the specified comment date. clicking on the links or querying the within the Bear River basin, on private Protests may be considered, but docket number. land in Placer and Nevada counties, intervention is necessary to become a eFiling is encouraged. More detailed California. The transmission line party to the proceeding. information relating to filing extends 0.72 mile from Nevada eFiling is encouraged. More detailed requirements, interventions, protests, Irrigation District’s (NID) existing information relating to filing and service can be found at: http:// Rollins powerhouse switchyard (part of requirements, interventions, protests, www.ferc.gov/docs-filing/efiling/filing- the Yuba-Bear Hydroelectric Project, service, and qualifying facilities filings req.pdf. For other information, call (866) FERC Project No. 2266) to the junction can be found at: http://www.ferc.gov/ 208–3676 (toll free). For TTY, call (202) with PG&E’s Drum-Grass Valley-Weimer docs=filing/efiling/filing=req.pdf. For 502–8659. transmission line (non-FERC

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jurisdictional). Commission staff has DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time prepared an Environmental Assessment on Monday December 19, 2011. Federal Energy Regulatory (EA) that analyzes the potential Dated: December 8, 2011. Commission environmental effects of the Kimberly D. Bose, transmission line and concludes that [Docket No. PR10–63–001] Secretary. issuing a new license for the Rollins [FR Doc. 2011–32124 Filed 12–14–11; 8:45 am] Transmission Line Project, with Southcross Alabama Pipeline LLC; BILLING CODE 6717–01–P appropriate environmental measures, Notice of Filing would not constitute a major federal Take notice that on December 7, 2011, action significantly affecting the quality Southcross Alabama Pipeline LLC (SAP) DEPARTMENT OF ENERGY of the human environment. submitted a revised Statement of The EA contains staff’s analysis of the Operating Conditions for services Federal Energy Regulatory potential environmental effects of the provided under Section 311 of the Commission project and alternatives and concludes Natural Gas Policy Act of 1978 [Docket No. ER12–569–000] that licensing the project, with (‘‘NGPA’’). SAP states the filing is to appropriate environmental protective change the effective date of the tariff to Blackwell Wind, LLC; Supplemental measures, would not constitute a major August 31, 2011, due to the transfer of Notice that Initial Market-Based Rate federal action that would significantly control and name change from Filing Includes Request for Blanket affect the quality of the human Enterprise Alabama Intrastate, LLC on Section 204 Authorization environment. that date. Any person desiring to participate in This is a supplemental notice in the A copy of the EA is available for this rate proceeding must file a motion above-referenced proceeding of review at the Commission in the Public to intervene or to protest this filing must Blackwell Wind, LLC’s application for Reference Room or may be viewed on file in accordance with Rules 211 and market-based rate authority, with an the Commission’s Web site at http:// 214 of the Commission’s Rules of accompanying rate tariff, noting that www.ferc.gov using the ‘‘eLibrary’’ link. Practice and Procedure (18 CFR 385.211 such application includes a request for Enter the docket number excluding the and 385.214). Protests will be blanket authorization, under 18 CFR last three digits in the docket number considered by the Commission in part 34, of future issuances of securities field to access the document. For determining the appropriate action to be and assumptions of liability. assistance, contact FERC Online taken, but will not serve to make Any person desiring to intervene or to Support at protestants parties to the proceeding. protest should file with the Federal [email protected] or toll- Any person wishing to become a party Energy Regulatory Commission, 888 free at 1–(866) 208–3676, or for TTY, must file a notice of intervention or First Street, NE., Washington, DC 20426, (202) 502–8659. motion to intervene, as appropriate. in accordance with Rules 211 and 214 Such notices, motions, or protests must of the Commission’s Rules of Practice You may also register online at be filed on or before the date as and Procedure (18 CFR 385.211 and http://www.ferc.gov/docs-filing/ indicated below. Anyone filing an 385.214). Anyone filing a motion to esubscription.asp to be notified via intervention or protest must serve a intervene or protest must serve a copy email of new filings and issuances copy of that document on the Applicant. of that document on the Applicant. related to this or other pending project. Anyone filing an intervention or protest Notice is hereby given that the For assistance, contact FERC Online on or before the intervention or protest deadline for filing protests with regard Support. date need not serve motions to intervene to the applicant’s request for blanket Any comments on the EA should be or protests on persons other than the authorization, under 18 CFR part 34, of filed within 30 days from the date of Applicant. future issuances of securities and this notice. Comments may be filed The Commission encourages assumptions of liability, is December 28, electronically via the Internet. See 18 electronic submission of protests and 2011. CFR 385.2001(a)(1)(iii) and the interventions in lieu of paper using the The Commission encourages instructions on the Commission’s Web ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and site http://www.ferc.gov/docs-filing/ Persons unable to file electronically interventions in lieu of paper, using the efiling.asp. Commenters can submit should submit an original and 7 copies FERC Online links at http:// brief comments up to 6,000 characters, of the protest or intervention to the www.ferc.gov. To facilitate electronic without prior registration, using the Federal Energy Regulatory Commission, service, persons with Internet access eComment system at http:// 888 First Street NE., Washington, DC who will eFile a document and/or be listed as a contact for an intervenor www.ferc.gov/docs-filing/ 20426. This filing is accessible on-line at must create and validate an eComment.asp. You must include your http://www.ferc.gov, using the eRegistration account using the name and contact information at the end ‘‘eLibrary’’ link and is available for eRegistration link. Select the eFiling of your comments. review in the Commission’s Public link to log on and submit the Please contact Mary Greene by Reference Room in Washington, DC. intervention or protests. telephone at (202) 502–8865 or by email There is an ‘‘eSubscription’’ link on the Persons unable to file electronically at [email protected] if you have any Web site that enables subscribers to should submit an original and 14 copies questions. receive email notification when a of the intervention or protest to the Dated: December 8, 2011. document is added to a subscribed Federal Energy Regulatory Commission, docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC Kimberly D. Bose, Online service, please email 20426. Secretary. [email protected], or call The filings in the above-referenced [FR Doc. 2011–32126 Filed 12–14–11; 8:45 am] (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the BILLING CODE 6717–01–P (202) 502–8659. Commission’s eLibrary system by

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clicking on the appropriate link in the Applicant Contact: Ms. Ramya ACTION: Notice of final action. above list. They are also available for Swaminathan, Free Flow Power Corp., review in the Commission’s Public 239 Causeway Street, Suite 300, Boston, SUMMARY: This notice is to announce Reference Room in Washington, DC. MA 02114, (978) 283–2822. that on October 27, 2011, the EPA There is an eSubscription link on the FERC Contact: Michael Spencer, issued a final Outer Continental Shelf web site that enables subscribers to [email protected], (202) 502– (OCS) air permit for Eni US Operating receive email notification when a 6093. Inc. (Eni). This permit became effective document is added to a subscribed Deadline for filing comments, motions on November 28, 2011. In addition, the docket(s). For assistance with any FERC to intervene, competing applications EPA issued a final Prevention of Online service, please email (without notices of intent), or notices of Significant Deterioration (PSD) air [email protected]. or call intent to file competing applications: 60 permit for Port Dolphin Energy, LLC (866) 208–3676 (toll free). For TTY, call days from the issuance of this notice. (Port Dolphin), which was issued and (202) 502–8659. Competing applications and notices of became effective on December 1, 2011. intent must meet the requirements of 18 The Eni permit regulates air pollutant Dated: December 8, 2011. CFR 4.36. Comments, motions to emissions from the Transocean Nathaniel J. Davis, Sr., intervene, notices of intent, and Pathfinder drillship and support Deputy Secretary. competing applications may be filed vessels, which Eni intends to operate [FR Doc. 2011–32148 Filed 12–14–11; 8:45 am] electronically via the Internet. See 18 within lease block Lloyd Ridge 411 on BILLING CODE 6717–01–P CFR 385.2001(a)(1)(iii) and the the OCS in the Gulf of Mexico, instructions on the Commission’s Web approximately 154 miles southeast of site http://www.ferc.gov/docs-filing/ the mouth of the Mississippi River and DEPARTMENT OF ENERGY efiling.asp. Commenters can submit 189 miles south of the nearest Florida brief comments up to 6,000 characters, coast. The operation will last up to two Federal Energy Regulatory without prior registration, using the years, and based on applicable Commission eComment system at http:// permitting regulations, is a ‘‘temporary [Project No. 14288–000] www.ferc.gov/docs-filing/ source’’ for permitting purposes. ecomment.asp. You must include your The Port Dolphin permit will regulate FFP Project 9 LLC; Notice of name and contact information at the end air pollutant emissions from the Preliminary Permit Application of your comments. For assistance, operation of a liquefied natural gas Accepted for Filing and Soliciting please contact FERC Online Support at deepwater port located in federal waters Comments, Motions To Intervene, and [email protected] or toll of the Gulf of Mexico, approximately 28 Competing Applications free at 1–(866) 208–3676, or for TTY, miles off the west coast of Florida, and (202) 502–8659. Although the 42 miles southwest of the pipeline On September 15, 2011, FFP Project 9 landing at Port Manatee, Florida. LLC filed an application for a Commission strongly encourages ADDRESSES: The final permits, the EPA’s preliminary permit, pursuant to section electronic filing, documents may also be response to the public comments for the 4(f) of the Federal Power Act (FPA), paper-filed. To paper-file, mail an Eni permit, and additional supporting proposing to study the feasibility of a original and seven copies to: Kimberly information are available at http:// hydropower project at the Ross Barnett D. Bose, Secretary, Federal Energy www.epa.gov/region4/air/permits/ Dam, owned and operated by the Pearl Regulatory Commission, 888 First Street index.htm. Copies of the final permits River Valley Water Supply District, NE., Washington, DC 20426. and the EPA’s response to comments are located on the Pearl River, in Rankin More information about this project, also available for review at the EPA and Hinds Counties, Mississippi. The including a copy of the application, can Regional Office and upon request in sole purpose of a preliminary permit, if be viewed or printed on the ‘‘eLibrary’’ writing. The EPA requests that you issued, is to grant the permit holder link of Commission’s Web site at contact the person listed in the FOR priority to file a license application http://www.ferc.gov/docs-filing/ FURTHER INFORMATION CONTACT section to during the permit term. A preliminary elibrary.asp. Enter the docket number schedule your inspection. The Regional permit does not authorize the permit (P–14288–000) in the docket number Office’s official hours of business are holder to perform any land-disturbing field to access the document. For Monday through Friday, 8:30 to 4:30 activities or otherwise enter upon lands assistance, contact FERC Online excluding federal holidays. or waters owned by others without the Support. owners’ express permission. Dated: December 8, 2011. FOR FURTHER INFORMATION CONTACT: Ms. The proposed project would consist Kimberly D. Bose, Eva Land, Air Permits Section, Air of: (1) A 23,400-foot-long, 64-foot-high Secretary. Planning Branch, Air, Pesticides and earthen dam; (2) a reservoir with a Toxics Management Division, Region 4, [FR Doc. 2011–32127 Filed 12–14–11; 8:45 am] U.S. Environmental Protection Agency, surface area of 32,000 acres and a BILLING CODE 6717–01–P storage capacity of 341,000 acre-feet; (3) 61 Forsyth Street SW., Atlanta, Georgia a 100-foot-long, 40-foot-wide intake 30303–8960. The telephone number is structure; (4) three 14-foot-diameter, (404) 562–9103. Ms. Land can also be ENVIRONMENTAL PROTECTION reached via electronic mail at 400-foot-long steel penstocks; (5) a AGENCY powerhouse, constructed in a lock [email protected]. chamber, containing three generating [OCS–EPA–R4007; DPA–EPA–R4001; FRL– SUPPLEMENTARY INFORMATION: On units with a total capacity of 21.0 9506–9] September 2, 2011, the EPA Region 4 megawatts; (6) a 125-foot-long, 100-foot- Notice of Issuance of Final Air Permits Office requested public comments on a wide tailrace; (7) a 4.16/69.0 kilo-Volt for Eni US Operating Co., Inc. and Port proposal to issue an OCS air permit for (kV) substation; and (8) a 75-foot-long, Dolphin Energy, LLC. Eni. During the public comment period, 69.0 kV transmission line. The proposed which ended on October 3, 2011, the project would have an average annual AGENCY: Environmental Protection EPA received comments from Eni and generation of 50.0 gigawatt-hours. Agency (EPA). from one other commenter who

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expressed general support for drilling. ENVIRONMENTAL PROTECTION Dated: December 7, 2011. The EPA carefully reviewed each of the AGENCY Andrew M. Gaydosh, comments submitted, and after Assistant Regional Administrator, Office of consideration of the expressed view of [FRL–9507–5] Enforcement and Compliance and all interested persons, the pertinent Environmental Justice, U.S. Environmental federal statutes and regulations, the Proposed CERCLA Administrative Protection Agency, Region 8. application and additional material Cashout Settlement; The Atlantic [FR Doc. 2011–32174 Filed 12–14–11; 8:45 am] relevant to the application and Richfield Company BILLING CODE 6560–50–P contained in the administrative record, the EPA made a decision in accordance AGENCY: Environmental Protection with 40 CFR 52.21, 40 CFR part 71 and Agency. ENVIRONMENTAL PROTECTION AGENCY 40 CFR part 55 to issue a final OCS ACTION: Notice; request for public permit. comment. [FRL–9495–3] On October 14, 2011, the EPA Region 4 Office requested public comments on SUMMARY: In accordance with Section Office of External Affairs and a proposal to issue an air permit for Port 122(i) of the Comprehensive Environmental Education; Request for Dolphin. The EPA received no Environmental Response, Nominations of Candidates for the comments during the public comment Compensation, and Liability Act, as National Environmental Education Advisory Council period, which ended on November 14, amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed 2011. The EPA made a decision in AGENCY: Environmental Protection administrative settlement for recovery of accordance with the provisions of the Agency. past response costs concerning the Deepwater Port Act (DPA) of 1974, as ACTION: Notice. amended, 33 U.S.C. 1501 et seq., and in Ophir Mills and Smelter Site in Tooele accordance with the provisions of Title County, Utah with the Atlantic SUMMARY: The U.S. Environmental I of the Clean Air Act (CAA), 42 U.S.C. Richfield Company based upon a cash- Protection Agency (EPA or Agency) 7401 et seq., and applicable rules and out settlement. The settlement includes Office of External Affairs and regulations approved or promulgated a covenant not to sue the settling party Environmental Education Staff Office is under the CAA, including air permitting pursuant to Section 107(a) of CERCLA, soliciting applications for rules promulgated by the Florida 42 U.S.C. 9607(a). For thirty (30) days environmental education professionals Department of Environmental Protection following the date of publication of this for consideration on the National notice, the Agency will receive written (FDEP), to issue a final permit. Environmental Education Advisory comments relating to the settlement. Council (NEEAC). There are eleven Under 40 CFR 124.19(f)(2), notice of The Agency will consider all comments any final Agency action regarding a vacancies on the Advisory Council that received and may modify or withdraw must be filled. Additional avenues and prevention of significant deterioration its consent to the settlement if (PSD) permit must be published in the resources may be utilized in the comments received disclose facts or solicitation of applications. In an effort Federal Register. Section 307(b)(1) of considerations which indicate that the the CAA provides for review of final to obtain nominations of diverse settlement is inappropriate, improper, candidates, EPA encourages Agency action that is locally or or inadequate. The Agency’s response to regionally applicable in the United nominations of women and men of all any comments received will be available racial and ethnic groups. States Court of Appeals for the for public inspection at the EPA Region DATES: Applications should be appropriate circuit. Such a petition for 8 Records Center, 1595 Wynkoop Street, submitted by January 15, 2012. review of final Agency action must be Denver, Colorado 80202. filed within 60 days from the date of ADDRESSES: Submit non-electronic DATES: Comments must be submitted on notice of such action in the Federal application materials to Javier Araujo, or before January 17, 2012. Register. For purposes of judicial review Designated Federal Officer, National under the CAA, final Agency action ADDRESSES: The proposed settlement is Environmental Education Advisory occurs when a final PSD permit is available for public inspection at the Council, U.S. Environmental Protection issued or denied by the EPA and EPA Region 8 Records Center, 1595 Agency, Office of External Affairs and Agency review procedures are Wynkoop Street, Denver, Colorado Environmental Education (MC:1704A), exhausted, per 40 CFR 124.19(f)(1). 80202. A copy of the proposed 1200 Pennsylvania Ave. NW., Room Any person who filed comments on settlement may be obtained from John 1426(ARN), Washington, DC 20460, Ph: the draft Eni permit was provided the Works, EPA Technical Enforcement (202) 564–2642, Fax: (202) 564–2754, opportunity to petition the Officer, EPA Region 8, 1595 Wynkoop email: [email protected]. Environmental Appeals Board by Street, Denver, Colorado 80202, (303) FOR FURTHER INFORMATION CONTACT: For November 28, 2011. No petitions were 312–6196. Comments should reference information regarding this Request for submitted; therefore the permit became the Ophir Mills and Smelter Site, Tooele Nominations, please contact Mr. Javier effective on November 28, 2011. No County, Utah and EPA Docket No. 08– Araujo, Designated Federal Officer person filed comments on the draft Port 2012–0002 and should be addressed to (DFO), EPA National Environmental Dolphin permit; therefore the permit John Works, EPA Technical Education Advisory Council, at became effective on December 1, 2011. Enforcement Officer, EPA Region 8, [email protected] or (202) 564– 1595 Wynkoop Street, Denver, Colorado 2642. General information concerning Dated: December 6, 2011. 80202. NEEAC can be found on the EPA Web Jeaneanne M. Gettle, FOR FURTHER INFORMATION CONTACT: John site at: http://www.epa.gov/enviroed/. Acting Division Director, Air, Pesticides and Works, EPA Technical Enforcement SUPPLEMENTARY INFORMATION: The Toxics, Management Division, Region 4. Officer, EPA Region 8, 1595 Wynkoop National Environmental Education Act [FR Doc. 2011–32177 Filed 12–14–11; 8:45 a.m.] Street, Denver, Colorado 80202, (303) requires that the Council be comprised BILLING CODE 6560–50–P 312–6196. of eleven (11) members appointed by

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the Administrator of EPA. Members information including name, address, (System or FCS) and the Federal Farm represent a balance of perspectives, phone and fax numbers and an email Credit Banks Funding Corporation professional qualifications, and address; a curriculum vitae or resume; (Funding Corporation). The Draft experience. The Act specifies that the specific area of expertise in Second Restated MAA sets forth the members must represent the following environmental education and the sector/ rights and responsibilities of each of the sectors: Primary and secondary slot the applicant is applying for; recent parties when the condition of a bank education (one of whom shall be a service on other national advisory falls below pre-established financial classroom teacher)—two members; committees or national professional thresholds. colleges and universities—two organizations; and a one-page FOR FURTHER INFORMATION CONTACT: members; business and industry—two commentary on the applicant’s Thomas R. Risdal, Senior Policy members; non-profit organizations philosophy regarding the need for, Analyst, Office of Regulatory Policy, involved in environmental education— development, implementation and/or two members; state departments of management of environmental Farm Credit Administration, McLean, education and natural resources—one education nationally. VA 22102–5090, (703) 883–4257, TTY member each; senior Americans—one Persons having questions about the (703) 883–4434, member. Members are chosen to application procedure or who are or represent various geographic regions of unable to submit applications by Rebecca S. Orlich, Senior Counsel, the country, and the Council strives for electronic means, should contact Javier Office of General Counsel, Farm a diverse representation. The Araujo, DFO, at the contact information Credit Administration, McLean, VA professional backgrounds of Council provided above in this notice. Non- 22102–5090, (703) 883–4020, TTY members should include education, electronic submissions must contain the (703) 883–4020. science, policy, or other appropriate same information as the electronic. The SUPPLEMENTARY INFORMATION: The FCA disciplines. Each member of the Council NEEAC Staff Office will acknowledge published the Draft Second Restated shall hold office for a one (1) To three receipt of the application. The NEEAC MAA in the Federal Register on (3) year period. Members are expected Staff Office will develop a short list of November 1, 2011 (76 FR 67440) with to participate in up to two (2) meetings candidates for more detailed a request for public comment by per year and monthly or more consideration. The short list candidates December 1, 2011. No public comments conference calls per year. Members of will be required to fill out the were received on the Draft Second the Council shall receive compensation Confidential Disclosure Form for Restated MAA. and allowances, including travel Special Government Employees Serving The Draft Second Restated MAA is an expenses, at a rate fixed by the Federal Advisory Committees at the update to the Amended and Restated Administrator. U.S. Environmental Protection Agency MAA that was approved by the FCA on Expertise Sought: The NEEAC staff (EPA Form 3110–48). This confidential April 10, 2003 and published in the office seeks candidates with form allows government officials to Federal Register on April 21, 2003 (68 demonstrated experience and/or determine whether there is a statutory FR 19539). That 2003 agreement knowledge in any of the following conflict between that person’s public updated the original MAA approved by environmental education issue areas: (a) responsibilities (which include the FCA on August 17, 1994 and Integrating environmental education membership on a Federal advisory published in the Federal Register on into state and local education reform committee) and private interests and August 23, 1994 (59 FR 4334).1 The and improvement; (b) state, local and activities and the appearance of a lack Amended and Restated MAA entered tribal level capacity building; (c) cross- of impartiality as defined by Federal into in 2003 has a termination date of sector partnerships; (d) leveraging regulation. The form may be viewed and December 31, 2011. The Draft Second resources for environmental education; downloaded from the following URL Restated MAA provides that it will go (e) design and implementation of address: http://www.epa.gov/oppt/aegl/ into effect on January 1, 2012, provided environmental education research; (f) pubs/ethics_form.pdf. that certain conditions precedent have evaluation methodology; professional Dated: November 29, 2011. been satisfied, including FCA’s approval development for teachers and other Stephanie Owens, of, and the Farm Credit System education professionals; and targeting Insurance Corporation’s (FCSIC) under-represented audiences, including Deputy Associate Administrator, Javier Araujo, Designated Federal Officer. expression of its support for, the Draft low-income, multi-cultural, senior Second Restated MAA. The FCA citizens and other adults. [FR Doc. 2011–32182 Filed 12–14–11; 8:45 am] BILLING CODE ;P announces that it has approved the Draft The NEEAC staff office is also looking Second Restated MAA. for individuals who demonstrate the System banks and the Funding ability to make the time commitment, Corporation entered into the original FARM CREDIT ADMINISTRATION strong leadership skills, strong MAA in September 1994, to help analytical skills, strong communication Market Access Agreement control the risk of each System bank by and writing skills, the ability to evaluate outlining each party’s respective rights programs in an unbiased manner, team AGENCY: Farm Credit Administration. players, which can meet deadlines, and ACTION: Notice of approval of the Draft 1 On December 3, 2010, the FCA Board also review items on short notice. Second Amended and Restated Market approved amendments to the Amended and How to Submit Applications: Any Access Agreement. Restated MAA that would conform its provisions to interested and qualified individuals the System banks’ proposed Joint and Several SUMMARY: Liability Reallocation Agreement (Reallocation may be considered for appointment on The Farm Credit Agreement) to ensure that the MAA provisions did the National Environmental Education Administration (FCA) announces that it not impede operation of the Reallocation Advisory Council. Applications should has approved the Draft Second Agreement; the amendments further provided that be submitted in electronic format to the Amended and Restated Market Access the MAA and the Reallocation Agreement are separate agreements, and invalidation of one does Designated Federal Officer, Javier Agreement (Draft Second Restated not affect the other. The FCA published those Araujo, [email protected]. and MAA) proposed to be entered into by all amendments in the Federal Register on December contain the following: Contact of the banks of the Farm Credit System 9, 2010 (75 FR 76729).

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and responsibilities in the event the needs and interests of their • All hand-delivered or messenger- condition of a System bank fell below communities of license. The FCC seeks delivered paper filings for the certain financial thresholds. As part of to address many of the shortcomings Commission’s Secretary must be the original MAA, System banks and the that have been attributed to the form delivered to FCC Headquarters at 445 Funding Corporation agreed to periodic adopted in the 2007 Enhanced 12th St. SW., Room TW–A325, reviews of the terms of the MAA to Disclosure Report and Order, which we Washington, DC 20554. The filing hours consider whether any amendments were have vacated in a separate Order on are 8 a.m. to 7 p.m. All hand deliveries appropriate. Reconsideration and Further Notice of must be held together with rubber bands The proposed Second Restated MAA Proposed Rulemaking. or fasteners. Any envelopes and boxes retains the same general framework and DATES: Comments are due January 17, must be disposed of before entering the most of the provisions of the Restated 2012 and reply comments are due building. and Amended MAA, updated as January 30, 2012. • Commercial overnight mail (other necessary. ADDRESSES: You may submit comments, than U.S. Postal Service Express Mail Having given the public notice and identified by MB Docket No. 11–189, by and Priority Mail) must be sent to 9300 the opportunity to comment, the FCA any of the following methods: East Hampton Drive, Capitol Heights, Board hereby approves the Draft Second • Federal Communications MD 20743. • Restated MAA pursuant to sections Commission’s Web Site: http:// U.S. Postal Service first-class, 4.2(c), 4.2(d) and 4.9(b)(2) of the Farm fjallfoss.fcc.gov/ecfs2/. Follow the Express, and Priority mail must be Credit Act of 1971, as amended. The instructions for submitting comments. addressed to 445 12th Street SW., FCA’s approval of the Draft Second • People with Disabilities: Contact the Washington, DC 20554. Restated MAA is conditioned on the FCC to request reasonable People with Disabilities: To request board of directors of each bank and the accommodations (accessible format materials in accessible formats for Funding Corporation approving the documents, sign language interpreters, people with disabilities (braille, large Draft Second Restated MAA. Neither the CART, etc.) by email: [email protected] print, electronic files, audio format), Draft Second Restated MAA, when it or phone: (202) 418–0530 or TTY: (202) send an email to [email protected] or call becomes effective, nor FCA approval of 418–0432. the Consumer & Governmental Affairs it shall in any way restrict or qualify the For detailed instructions for Bureau at (202) 418–0530 (voice), (202) authority of the FCA or the FCSIC to submitting comments and additional 418–0432 (tty). exercise any of the powers, rights, or information on the rulemaking process, Below is a synopsis of the duties granted by law to the FCA or the see the SUPPLEMENTARY INFORMATION Commission’s Notice of Inquiry in MB FCSIC. Finally, the FCA retains the right section of this document. Docket No. 11–189, adopted November to modify or revoke its approval of the FOR FURTHER INFORMATION CONTACT: 11, 2011 and released November 14, Draft Second Restated MAA at any time. Holly Saurer, Media Bureau, Policy 2011. Dated: December 9, 2011. Division, (202) 418–7283, or Kim Synopsis of Notice of Inquiry Dale L. Aultman, Matthews, Media Bureau, Policy I. Introduction Secretary, Farm Credit Administration Board. Division, (202) 418–2154. [FR Doc. 2011–32136 Filed 12–14–11; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant 1. In this Notice of Inquiry (NOI), we BILLING CODE 6705–01–P to sections 1.415 and 1.419 of the seek comment on a proposal to replace Commission’s rules, 47 CFR 1.415, the issues/programs list that television 1.419, interested parties may file stations have been required to place in FEDERAL COMMUNICATIONS comments and reply comments on or their public files for decades with a COMMISSION before the dates indicated on the first streamlined, standardized disclosure page of this document. Comments may form that will be available to the public [MB Docket No. 11–189; FCC 11–169] be filed using the Commission’s online. Our goal is to make it easier for Electronic Comment Filing System members of the public to learn about Standardizing Program Reporting (ECFS). See Electronic Filing of how television stations serve their Requirements for Broadcast Licensees Documents in Rulemaking Proceedings, communities, and to make broadcasters AGENCY: Federal Communications 63 FR 24121 (1998). more accountable to the public, by Commission. • Electronic Filers: Comments may be requiring stations to provide easily ACTION: Notice. filed electronically using the Internet by accessible programming information in accessing the ECFS: http:// a standardized format. This SUMMARY: This document seeks fjallfoss.fcc.gov/ecfs2/. standardized disclosure will also assist comment on a proposal to replace the • Paper Filers: Parties who choose to the Commission and researchers to issues/programs list that television file by paper must file an original and study and analyze how broadcasters stations must place in their public file one copy of each filing. If more than one respond to the needs and interests of with a streamlined, standardized docket or rulemaking number appears in their communities of license. We seek to disclosure form that will be available to the caption of this proceeding, filers address many of the shortcomings that the public online. The FCC’s goal is to must submit two additional copies for have been attributed to the form make it easier for the public to learn each additional docket or rulemaking adopted in the 2007 Enhanced about how television stations serve their number. Disclosure Report and Order, 73 FR communities, and to make broadcasters Filings can be sent by hand or 13452, March 13, 2008, which we have more accountable to the public, by messenger delivery, by commercial vacated in a separate Order on requiring stations to provide easily overnight courier, or by first-class or Reconsideration and Further Notice of accessible programming information in overnight U.S. Postal Service mail. All Proposed Rulemaking (FNPRM) in MB a standardized format. This filings must be addressed to the Docket No. 00–168, FCC 11–162, rel. standardized disclosure will also assist Commission’s Secretary, Office of the Oct. 27, 2011. While we have vacated the FCC and researchers to study and Secretary, Federal Communications the 2007 Report and Order, we continue analyze how broadcasters respond to the Commission. to believe that the creation and

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implementation of a standardized form expected the list to be ‘‘[t]he most and assess the programming aired. The is beneficial and worthy of pursuing. In significant source of issue-responsive Commission anticipated that the online this NOI, we propose to require information under the new regulatory posting of such forms would give rise to broadcasters to report on their scheme.’’ Moreover, the list was a more active dialogue between programming using a sample-based intended to be a significant source of licensees and their audiences, which in methodology, and we also seek information for any initial investigation turn would lead to more programs that comment on a more limited number of by the public or the Commission when are responsive to issues important to reporting categories. We propose to renewal of the station’s license was at local communities. The Commission limit this disclosure form requirement issue. In 1998, the Advisory Committee determined that standardized disclosure to television licensees at this time. on Public Interest Obligations of Digital would also provide useful information 2. In the Enhanced Disclosure Television Broadcasters issued its Final for assessing the effectiveness of current FNPRM, we seek comment on a Report. The Advisory Committee Report Commission policies. The 2007 proposal to make television determined that ‘‘[e]ffective self- standardized disclosure form, Form 355, broadcasters’ public inspection files regulation by the broadcast industry in required each station to submit a accessible online, in a new database to the public interest requires the comprehensive list of any programs or be hosted by the Commission. Our availability to the public of adequate program segments it aired every quarter objective in this NOI is to develop a information about what a local that fell into specific categories. The standardized form that will be included broadcaster is doing.’’ The Committee categories included: National news, in the new online public file. We note recommended that the currently local news, local civic affairs, local that we are addressing only the required lists of issue-responsive electoral affairs, independently standardized form requirement in this programming and children’s produced programming, local NOI. Due to the complexity of the issues programming be augmented by programming, public service surrounding the standardized form, we including more information about announcements, paid public service have opened this new docket to address stations’ public interest programs and announcements, programming that these issues specifically. The existing activities, and it put forward a sample meets the needs of underserved Enhanced Disclosure docket, MM standardized form that could be used to communities, religious programming, docket number 00–168, will now be that end. efforts undertaken to determine the dedicated to addressing the proposed 4. In 2000, the Commission issued the programming needs of the community, online public file requirement. Given Enhanced Disclosure Notice of Proposed service for persons with disabilities, and the value of the comments previously Rulemaking, 65 FR 62683, October 19, current emergency information. The filed in that proceeding regarding the 2000, which grew out of a prior Notice Commission found that the benefits standardized form issues, however, we of Inquiry, 65 FR 4211, January 26, derived from public disclosure of such will incorporate that record into this 2000, exploring the public interest a comprehensive list of programming proceeding. We ask commenters to file obligations of broadcast television outweighed the burden that the their comments regarding the online stations as they transitioned to digital. requirement placed on broadcasters. public file requirement in response to The Commission tentatively proposed to the Enhanced Disclosure FNPRM, require television stations to use a 6. Following the release of the Report docket 00–168, and comments regarding standardized form to report on how they and Order, several industry petitioners the standardized form in this docket. serve the public interest. In making this raised a number of issues regarding the We remain committed to the proposal, the Commission noted the standardized form, generally contending implementation of a standardized form, difficulties that members of the public that it was vague, overly complex, and and seek to do so expeditiously. We had encountered in accessing burdensome. Public interest advocates seek comments in this proceeding that programming information under the also filed petitions for reconsideration, will assist us in crafting a form that is existing issues/programs list arguing that the standardized form beneficial and workable for those using requirement, given the lack of a should be designed to facilitate the and drafting the forms. standardized reporting mechanism. The downloading and aggregation of data for Commission suggested that the use of a researchers. They also asked the II. Background standardized disclosure form would Commission to conduct periodic audits 3. One of a television broadcaster’s facilitate access to the issues/program of data accuracy to ensure the removal fundamental public interest obligations information and would make of incorrect data, reassess whether the is to air programming responsive to the broadcasters more accountable to the system is providing information in a needs and interests of its community of public. It also observed that a useful format, and seek ongoing input license. In 1984, the Commission standardized form would benefit the from researchers on its staff and outside adopted the current issues/programs list public by reducing the time needed to the Commission to ensure that the requirement, which requires a station to locate information and by providing the system is implemented in a useful and place in its public inspection file ‘‘every public with a better mechanism for user-friendly manner. In addition, five three months a list of programs that reviewing broadcaster public interest parties sought court review of the have provided the station’s most programming and activities. Report and Order, and the cases were significant treatment of community 5. In 2007, the Commission adopted a consolidated in the United States Court issues during the preceding three month Report and Order in the Enhanced of Appeals for the DC Circuit. The DC period.’’ This issues/programs list must Disclosure proceeding requiring Circuit granted a petition to hold the include a brief narrative describing what television broadcasters to replace their court proceeding in abeyance while the issues were given significant treatment issues/programs lists with Standardized Commission reviewed the petitions for and the programming that provided this Television Disclosure Form 355 and to reconsideration. Challenging the 2007 treatment, together with the time, date, post the completed forms online. The rules in a third forum, several parties duration, and title of each program in Commission found that uniform and opposed the information collection which the issue was treated. In adopting consistent programming lists would contained in the Report and Order at the the issues/programs list requirement for allow the public more effectively to Office of Management and Budget television stations, the Commission compare the efforts of various stations, (OMB) under the Paperwork Reduction

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Act. Because the Commission reconsideration of that order, we believe incorporated in this proceeding, determined that it would need to revise that some of the proposals developed in demonstrates that ‘‘[t]he lack of the rules on reconsideration, it did not the Enhanced Disclosure proceeding are uniformity and consistency of the transmit the information collection and worth further consideration. In addition, issues/program lists make it difficult to form to OMB, and therefore the rules to the extent that the arguments made in discern both how much and what types and form have never gone into effect. the petitions for reconsideration are of public interest programming a 7. In June 2011, a working group relevant and can inform this new NOI, broadcaster provided,’’ which makes including Commission staff, scholars we discuss them below. We also seek any ‘‘overall assessment or comparison and consultants released ‘‘The comment on INC Report proposals and between broadcasters virtually Information Needs of Communities’’ other proposals to ensure that the public impossible.’’ Commenters in the (INC Report), a comprehensive report on has standardized information about how Enhanced Disclosure proceeding the current state of the media landscape. broadcasters are serving their identified the benefits of a standardized The INC Report discussed both the need communities, while also avoiding form, including enhanced access to to empower citizens to ensure that placing unnecessary burdens on information on the extent to which broadcasters serve their communities in broadcasters. broadcasters are meeting their public 10. We continue to believe that the exchange for the use of public spectrum, interest obligations, ease of use by the and also the need to remove use of a standardized disclosure form will facilitate access to information on public and broadcasters alike, and the unnecessary burdens on broadcasters promotion of a dialog between stations who aim to serve their communities. how licensees are serving the public interest and will allow the public to and the public they serve. Moreover, the The INC Report provided several Report and Order noted that the record recommendations relevant to this play a more active role in helping a of the Localism proceeding—especially proceeding, including replacing the station meet its obligation to provide that portion amassed during a series of enhanced disclosure standardized form programming that addresses the public hearings conducted across the adopted in 2007 with a streamlined, community’s needs and interests. The country—suggested that there may be a Web-based form through which issues/programs list required under the communications breakdown between broadcasters could provide current rules, while providing some programming information based on a information to the public and licensees and their communities composite or sample period. establishing a record of some of a concerning the breadth of their efforts to 8. In a separate Order on station’s community-oriented air programming that serves their Reconsideration and FNPRM, we programming, suffers from several licensed communities’ local needs and vacated the form adopted in the Report drawbacks, including a lack of interests. Written comments submitted and Order. We determined that we uniformity and consistency in the way in the Localism docket and testimony should reexamine the determinations broadcasters maintain the lists. This received during several localism field made in the Report and Order in light makes effective access to the program hearings indicated that many members of the arguments raised in the petitions information and assessment of a of the public are not fully aware of the for reconsideration and given that the broadcaster’s program performance community-responsive programming record upon which those rules were extremely difficult. A standardized that their local stations air. The Report adopted does not reflect the rapid disclosure form could address these and Order noted that affording the technological advances that have concerns, and in view of advances in public improved access to information occurred since the proceeding was technology and the revisions to the form about a station’s programming through commenced in 2000. We now seek to we discuss here, should not impose the use of a standardized disclosure address many of the criticisms directed unwarranted burdens of broadcasters. A form would foster a better at the standardized form adopted in the standardized disclosure form will make understanding of stations’ localism Report and Order. broadcasters more accountable to the efforts within their communities. The public, and improving broadcaster Report and Order also noted that by III. Discussion accountability to the public will enhancing a dialogue with viewers as a A. Standardized Form minimize the need for government result of improved public access to such involvement in monitoring how information, the standardized disclosure 9. In the Report and Order, the broadcasters comply with their public form could assist the Commission in Commission sought to address the interest obligations. A standardized determining whether the licensees are systemic problem that the public lacked disclosure will significantly reduce the serving the public interest. Finally, the access to consistent and uniform time needed to locate information information about television sought by the public and will provide Report and Order further noted that the broadcasters’ programming, as the public with a better mechanism for standardized disclosure form would identified in the Advisory Committee reviewing a broadcaster’s public interest provide information that will be useful Report and the record of the proceeding. programming and activities. Placing the to the Commission and the public in We remain dedicated to addressing this new standardized form online, instead assessing the effectiveness of current problem. Nonetheless, the of merely on paper in the broadcasters’ Commission policies governing reconsideration petitions we received offices, will make it far easier for the television broadcasting. We agree with from broadcasters and public interest public to review the information. We the Commission’s prior findings advocates and the responses thereto seek comment on these tentative regarding the benefits of a standardized have persuaded us to reexamine the findings. form. We note that technological balance the Commission struck in 2007 11. We disagree with the advances have made it possible for the between public access to programming reconsideration petitioners in the 2007 public to review data much more easily information and the burden providing Enhanced Disclosure proceeding who via the Internet, but we believe the such information imposes on argue that there is no need for the efficacy of such disclosures is much broadcasters. Although we have vacated Commission to adopt a standardized greater when the information is offered the 2007 Report and Order and form. The record in the Enhanced in a standardized format. We seek dismissed the petitions for Disclosure docket, which is comment on these findings.

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12. We have seen no evidence that delegated authority, on applications for 18. Notice. If we decide to take a broadcasters have attempted to change renewal of radio and television stations composite approach or to select a their issues/programs reporting to that aired specified amounts of certain particular week or weeks for reporting become more consistent or uniform programming. Failure to satisfy the purposes, we will need to determine since the Commission launched this guidelines, based on a composite how and when to notify broadcasters proceeding in 2000. In fact, the recently broadcast week analysis, resulted in the which days are included, and whether released INC Report discusses referral of a licensee’s renewal such notice should be provided before consistency and uniformity problems application to the full Commission for or after the selected date. We seek similar to those identified in the its consideration. comment on how and when to provide Commission’s prior proceeding, and 16. We believe that a sample approach such notice. If we adopt a composite supports the continuing need for a to reporting would provide sufficient week or weeks approach, should the standardized form. We continue to information to the public, without Commission inform the broadcasters believe that a standardized form is unduly burdening broadcasters, and that a date has been selected to be part necessary and should replace the seek comment on this approach. How of a composite week on the following current issues/programs list. We seek could a composite week or weeks be day? Alternatively, should the comment on this tentative finding. structured for reportable programming? Commission release the reporting dates 13. We are persuaded by petitioners For example, how many days of at the end of the quarter, or would this in the Enhanced Disclosure proceeding programming should be included in the needlessly require broadcasters to retain who argued that Form 355 as adopted in reporting requirement for each quarter? programming information for every day the Report and Order was overly We seek comment on how to implement in the quarter? How long do licensees burdensome. We propose changes to a random selection. Are there are certain retain tapes or other records of their that form, as discussed below, to distortions to the average programming programming in the ordinary course of substantially reduce the burden it day, such as sweeps week, that should business? Would it be preferable to imposes on broadcasters. These changes be excluded? Alternatively, would it be announce on a weekly or bi-weekly include adopting a sample approach to less burdensome for broadcasters to basis what reporting dates were selected reporting and streamlining the compile information for one or more full for those weeks? Alternatively, if the information that must be included in weeks during the quarter? What would Commission were to select a particular the form. We welcome any other be the advantages and disadvantages of week or weeks for reporting, should it proposals that will lead to effective each approach? be announced at the end of the quarter disclosure by broadcasters of the ways or immediately after the selected week 17. In a recent ex parte in the in which they serve the public. or weeks? We seek comment on these Enhanced Disclosure proceeding, the and other implementation issues and 1. Reporting Period Public Interest, Public Airwaves concerns. 14. Form 355 as adopted in the Report Coalition (PIPAC) proposes that 19. In petitions for reconsideration of and Order required television broadcasters be required to submit data the Report and Order, industry broadcasters to report quarterly on every for two constructed or composite weeks petitioners proposed that the relevant program or program segment per quarter that are selected by the Commission notify stations a few days aired for each program category listed in Commission. Under PIPAC’s proposal, before the selected reporting dates in the Form. We agree with the broadcasters would be obligated to order to provide sufficient notice about reconsideration petitioners who argued report on programming categories aired when broadcasters should start logging that requiring reporting on all during the randomly selected days the information needed to complete the programming in those categories would comprising the two constructed weeks form. In contrast, PIPAC recommends be unduly burdensome. per quarter. PIPAC attaches a statement that broadcasters not be given advance 15. Some petitioners asserted that the from a coalition of academics with notice of the reporting dates to prevent Commission could lessen the burden on expertise in media sampling that says broadcasters from changing their licensees while providing adequate that a constructed week, if implemented programming and thereby ‘‘gaming the disclosure of licensees’ public interest properly, has methodological validity system.’’ PIPAC recommends that the programming by restricting reporting to for academic research and would Commission select the relevant one week per quarter. As noted, the INC provide a snapshot of programming for reporting dates at the beginning of the Report similarly recommends that the the public. We seek comment on this quarter and then announce each Commission consider requiring proposal. In particular, is two reporting date the morning after the information drawn from only a sample constructed weeks the appropriate time selected day. They argue that, because or composite week of programming on period over which to collect most broadcasters maintain a tape of a quarterly basis, rather than requiring programming information? Would one their programming for a short time after a comprehensive listing of all relevant week provide the public and research broadcast, immediate notification of a programs throughout the year. A community with a sufficient sampling reporting date should offer ample notice constructed or composite week is a period, while lessening the burdens without giving advance warning that sampling method in which individual placed on broadcasters that have to would taint the quality of the sample. days are selected at random by the compile this information? How should We seek comment on these approaches Commission to construct a week that we balance the burdens on broadcasters or recommended alternatives. contains different days of the week from against the need for a methodologically 20. Exceptions to composite reporting. different weeks of the quarter. First, a valid approach that will accurately We seek comment on whether adopting Sunday is randomly selected from all reflect the reportable programming that a composite approach will adequately possible Sundays in the quarter. Then, broadcasters provide to their capture performance for all categories of a Monday is selected in the same way, community of license? If any period less reportable programming that should be and so on. The Commission has used a than two weeks is too little time to be included on the standardized form, or composite week reporting approach in valid or accurate, would that undermine whether there should be certain the past. In the 1970s, the Commission the purpose of the reporting categories of programming subject to a authorized the staff to act, through requirement? more comprehensive reporting

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requirement. For example, in their will be more useful if it is reported on programming types. Nor do we recent ex parte proposing a composite a more granular level. They assert that contemplate imposing any such week, PIPAC argues that local electoral this level of specificity is necessary for requirements. This will be merely a affairs programming is important public local news reporting, since some stories replacement reporting requirement, interest programming and is critical to reported on the local news are more which the Commission has authority to an informed citizenry. PIPAC suggests national in character, and would not fit impose, and we believe it will have the that broadcasters be required to disclose in the local news reporting category, as important benefit of arming consumers all local electoral affairs programming, it does not pertain to the local with accurate information on which to defined as discussed below, when the community of license. We seek base their viewing decisions. We seek lowest unit charge rules are in effect, comment on these assertions. comment on these tentative findings. 24. Several petitions for i.e., 45 days before a primary election 2. Reporting Categories and 60 days before a general election. reconsideration raised issues about the PIPAC argues that the composite week 22. In the 2000 NPRM, we tentatively particular reporting categories adopted mechanism, while otherwise sufficient, concluded that the standardized form in the Report and Order, arguing that may not adequately capture local should require reporting on specified they were confusing, burdensome, and electoral issue coverage, as election categories of programming, noting that unworkable. We have vacated Form 355 timing may not coincide with the specified categories were necessary as adopted, and agree that it would be randomly selected reporting dates. We because the current issues/programs useful to take a fresh look at the seek comment on this proposal, lists permit such an assortment of categories and definitions that should be including projected burdens on information that the public may have included on the form. We want to broadcasters. If commenters believe this difficulty determining the extent to ensure that the form collects proposal to be overly burdensome, what which the station is serving the public information that is relevant to the alternatives would adequately reflect interest. The Commission specifically public’s and our analysis of stations’ the extent of broadcasters’ local noted the categories of programs service to their communities. In electoral affairs programming? We seek proposed by the Presidential Advisory addition, it is essential to our goal of to ensure that broadcasters are credited Committee on the Public Interest ensuring the availability of uniform and with their provision of this important Obligations of Digital Broadcasters, consistent data that broadcasters be able public interest programming. For which they recommended to augment easily to categorize programming for and standardize the reporting about example, would reporting for some inclusion on the form. stations’ public interest programs and shorter period of time preceding an 25. PIPAC has recently proposed a activities. The Committee proposed to election be sufficient? Should the new sample form, which is available at include the following categories: Local http://www.savethenews.org/sample- Commission consider any other and national news programming, local form. We are beginning anew our exceptions to a composite week and national public affairs attempt to create a standardized form, reporting schedule? Are there other programming, programming that meets including which programming categories of programming that should the needs of underserved communities, categories to consider. However, in be subject to an enhanced reporting programming that contributes to order to guide the discussion in this requirement? political discourse, other local proceeding, we address below the 21. Program and segment reporting. programming that is not otherwise categories now proposed by PIPAC and We seek comment on whether reporting addressed in the form, and public seek comment on their proposed form. should be done on a program or service announcements. In response to Are there any categories identified on program segment basis. Form 355 the NPRM, PIPAC submitted a proposed the newly proposed form that are required reporting on all programs or standardized form suggesting use of the unnecessary or could otherwise be program segments aired during the following categories: Local civic deleted? What, if any, additional quarter for each programming category programming, local electoral affairs categories should be included? We note listed. We seek comment on what level programming, public service that in response to the 2000 NPRM, the of reporting is most useful, and whether announcements, paid public service Commission received very little the benefits of the more granular announcements, independently comment on specific programming program segment reporting outweigh the produced programming, local categories; rather, most commenters burdens it places on broadcasters. What programming, underserved focused on the merits, or lack thereof, of level of reporting granularity is communities, and religious requiring a standardized form. We urge necessary to provide meaningful programming. Definitions were commenters to provide specific information to the public and the included with each of these categories. suggestions about the newly proposed research community? Do broadcasters The Commission included the reporting categories so that we can currently retain their programming categories and definitions proposed by include those most relevant and useful information in a manner that would PIPAC in Form 355. for broadcasters and the public alike. enable reporting on a program segment 23. We disagree with the Enhanced 26. We recognize that some programs basis, or would new programming Disclosure reconsideration petitioners or program segments could be included retention techniques be required? For who argue that the standardized in multiple categories. We propose that example, do broadcasters retain reporting categories impose de facto a program or segment be includable in information about the length of each quantitative programming requirements only one category. This will both ease program segment within each news or pressure stations to ensure carriage of the reporting burdens and will ensure program, i.e. the length of each story? some amount of programming that falls that any quantitative analyses accurately How should the term ‘‘program within government-preferred categories. reflect the amount of time devoted to segment’’ be defined for purposes of the We stress that, as the Commission noted public interest programming. We seek reporting requirement? PIPAC asserts in the Report and Order, the comment on whether further that each of the reporting categories standardized form does not require clarification would be needed among should be reportable by program broadcasters to air any particular the categories discussed below, and any segment. They assert that information category of programming or mix of other proposed categories, to guide

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broadcasters in categorizing their local communities or groups’’? Are there Hard of Hearing (‘‘TDI’’) argued that the programming and/or whether other alternative definitions of local civic/ closed captioning reporting requirement reporting categories should be adopted governmental affairs programming that should be maintained, stressing the with additional instructions. we should consider? importance of reporting to the millions 27. Local News. We seek comment on 29. Local Electoral Affairs. We seek of Americans who rely on closed reporting requirements for news. PIPAC comment on reporting requirements for captioning and have difficulty finding proposes that we include a local news electoral affairs. PIPAC also proposes a such programming. TDI also noted that category. In the Report and Order, local electoral affairs category. In the the only current enforcement Questions 2(a), (b) and (c) of Form 355 Report and Order, Question 2(e) of Form mechanism for ensuring closed- required reporting with respect to 355 required reporting with respect to captioning is based on consumer national news, local news produced by local electoral affairs. PIPAC proposes reporting and consumer-derived the station, and local news produced by retaining that category and provides the complaints, and that a lack of an entity other than the station; all following definition, which is largely benchmark reporting has seriously categories were described as including taken from the Form 355 local electoral hampered the effectiveness of the national and local programs or segments affairs definition: ‘‘Local electoral affairs captioning rules and compliance that include significant treatment of programming consists of candidate- monitoring. community issues. In a petition for centered discourse focusing on the 31. PIPAC now proposes streamlining reconsideration, Joint Broadcasters local, state and United States these reporting requirements. As to raised concerns that the definition of Congressional races for offices to be closed captioning, PIPAC proposes that ‘‘news’’ is vague because newscasts and elected by a constituency within the broadcasters be required to disclose other programs, such as nationally licensee’s broadcast area. Local electoral whether the reported programming on syndicated talk shows, often include affairs programming includes broadcasts the form is closed captioned, and if so, significant treatment of community of candidate debates, interviews, or the type of captioning, such as off-line, issues. PIPAC recommends streamlining statements, as well as substantive live, or electronic ‘‘newsroom the news reporting requirement to just discussions of ballot measures that will technique,’’ which commonly follows local news, and provides the following be put before the voters in a forthcoming teleprompter scripts. It also proposes definition: ‘‘Programming that is locally election.’’ We seek comment on this that broadcasters report on all produced and reports on issues about, proposed category and definition. Is this programming that is exempt from closed or pertaining to, a licensee’s local definition, or any portion of it, overly captioning, providing the date, time and community of license.’’ We seek vague? If so, how should the definition length of the program (excluding comment on this proposed category and be refined? Are there alternative commercials), and the reason for the proposed definition. Does this definitions of local electoral affairs exemption. We note that Commission definition resolve the concern expressed programming that we should consider? regulations require all programming— by Joint Broadcasters? Is it an otherwise 30. Closed Captioning and Video with few exceptions—to be closed workable definition? What constitutes Description. We seek comment on captioned as of January 1, 2010, and an ‘‘issue’’ in this definition? Would a reporting requirements regarding therefore expect the latter reporting program about an issue not specific to services provided to the disability requirement would presumably not be a community but of interest to the community. On Form 355, as adopted in unduly burdensome. We seek comment community be covered by this the Report and Order, Question 4 on these proposals. definition as long as it was locally required reporting the number of hours 32. PIPAC also recommends produced? Are there alternative of programming provided with closed implementing reporting requirements definitions of local news that we should captioning and video description. regarding video description, once the consider? Reconsideration petitioners asserted new rules mandated by the 28. Local Civic/Governmental Affairs. that reporting on closed captioning Communications and Video We seek comment on reporting provides little public benefit, and that Accessibility Act go into effect. We note requirements for civic and governmental any benefit is outweighed by the record- that the Commission recently adopted affairs. PIPAC proposes a local civic/ keeping burden imposed on such rules, requiring the provision of 50 government affairs reporting category. In broadcasters. Petitioners also argued hours per calendar quarter of video- the Report and Order, Question 2(d) of that the requirement contravened the described prime time and/or children’s Form 355 required reporting with Commission’s prior stance that such programming by full-power affiliates of respect to local civic affairs. PIPAC reporting is both unnecessarily the top four national networks located proposes retaining that category and burdensome and administratively in the top 25 television markets, provides the following definition, which cumbersome. Petitioners argued that, beginning July 2012. We seek comment is largely taken from the Form 355 local because the Commission provided no on whether and to what extent civic affairs definition: ‘‘Broadcasts of reason for changing its position on broadcasters should be required to interviews with or statements by elected closed captioning reporting, the report on their video description or appointed officials and relevant requirement was arbitrary and offerings and, if so, how such a policy experts on issues of importance capricious. They also argued that it was reporting requirement should be framed to the community, government inappropriate to ask about video and implemented, given the limited meetings, legislative sessions, description, since at the time the nature of this programming requirement conferences featuring elected officials, Commission did not require that it be and the need for viewers to have access and substantive discussions of civic provided. Campaign Legal Center et al. to information about which programs issues of interest to local communities argued that this reporting is necessary to are video described. Should or groups.’’ We seek comment on this ensure station compliance with the broadcasters be required to report all of proposed category and definition. Is this Commission’s closed captioning their video description offerings? definition, or any portion of it, overly requirements, and to assist the disability 33. Emergency Accessibility vague? What types of programming community in finding stations that offer Complaints. We seek comment on would qualify as ‘‘substantive video description service. reporting requirements regarding discussions of civic issues of interest to Telecommunications for the Deaf and emergency accessibility. Question 5 of

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Form 355, as adopted in the Report and communities, making broadcasters more identification rules, and if so, the Order, required reporting with respect accountable to the public, and providing sponsoring entity; and whether the to all emergency information and the public with a better mechanism for material reported, or any portion of it, whether that information was available reviewing a broadcaster’s public interest is the product of a local marketing to persons with disabilities. PIPAC now programming and activities—apply agreement, local news service, or shared proposes that broadcasters report only equally to commercial and non- service agreement, or any other the number of complaints that a station commercial licensees. In order to contractual arrangement or agreement receives alleging that its emergency standardize the review of television between the licensee and another programming was not accessible to broadcast public interest programming broadcast station or daily newspaper people with disabilities. PIPAC claims and activities, we believe it is important located within the licensee’s designated that such reporting will be less to include all television broadcasters. market area, and if so the relevant burdensome than the requirements in We believe that much of the concern agreement in the licensee’s online Form 355 but will assist the public and expressed by the NCE community will public file. We seek comment on these the Commission in determining the be allayed by our proposals only to proposed reporting elements, including extent to which broadcasters are require reporting on a sample basis, and proposed definitions for the agreements transmitting emergency information in a to otherwise streamline the form. We and contractual arrangements that are way that can be understood by people seek comment on whether these requested for identification. We seek with disabilities, as required. We measures are sufficient, or whether comment in particular on the benefits of recognize that the fact that a consumer there are other ways to address NCE providing any specific piece of has complained to a station does not licensees’ concerns. information per segment, as weighed necessarily mean that a licensee has against the burdens imposed on 4. Other Reporting Issues violated a rule, but, as noted by PIPAC, broadcasters by the requirement. Are a large number of reported complaints 36. General information. We also seek any of these requirements overly broad? may indicate a compliance issue. We comment on the general information If so, can they be further defined or seek comment on this proposal, as well stations should be required to supply on described to narrow the scope of the as other alternatives. the form. For instance, PIPAC proposes information required? Should any to streamline the Form 355 to require additional information be required, for 3. NCE Exemption the following information: Call sign, example, a brief description of the 34. The reporting requirements channel number, facility ID, community program or programming segment and adopted in the Report and Order of license, city, state, zip code, legal the issue it addresses? applied to both commercial and non- name of licensee, link to online public 38. Additional reporting. In addition commercial broadcasters. In a petition file, network affiliation, Nielsen DMA, to reporting on the categories discussed for reconsideration, the Association of commercial/NCE status, contact name above, should broadcasters also have the Public Television Stations and the and phone, and links to the most recent option of disclosing other types of Public Broadcasting Service were joined ownership reports and quarterly programming they provide to serve the by noncommercial educational (NCE) children’s programming reports. We needs and interests of their licensees (collectively NCEs) in arguing seek comment on this proposal and on communities, if they wish to do so? that they should be exempted from the whether it is over or under inclusive. In Would an optional reporting standardized disclosure requirement, so addition, if the Commission determines opportunity provide useful information they would not need to divert scarce in the Enhanced Disclosure proceeding to the public and the Commission? resources from their core public service to host the online public file, will it be Would an opportunity to include such activities. They argued that Form 355 unnecessary to include links to the most information allow broadcasters to failed to differentiate between the recent ownership and children’s showcase their programming, or would programming and practices of television reports, since that the option merely increase the reporting commercial and noncommercial information will be centrally available burden? If an optional reporting television stations. NCEs asserted that in the same location as the standardized requirement were adopted, would the Commission has previously form? Should we also require that broadcasters find a drop-down menu recognized the special status of these stations provide their main studio with optional categories to be a useful stations’ noncommercial programming address on the form? Is there any other reporting format? and exempted them from meeting general station information that should 39. PIPAC asserts that an optional certain requirements, such as the be included or excluded on the form? reporting opportunity would allow quarterly children’s program reporting 37. Required information for each broadcasters to showcase community requirement. Public television licensees program and/or segment reported. We reporting that does not fall into the argued that exempting NCEs from seek comment on the level of detail that specified categories. They assert that reporting requirements is appropriate should be required for each program or any voluntary information should be given their ‘‘long history of providing program segment that is reported. For prominently labeled and that the vast amounts of programming that is each entry, PIPAC asserts that reporting form should include a responsive to issues of importance to broadcasters should disclose: disclaimer proclaiming that the absence their local communities.’’ Programming/segment title or topic; of voluntary information does not mean 35. We appreciate that NCE licensees date/time aired; whether it aired on a that a broadcaster is not providing such have limited resources and that their primary or multicast channel; whether services. They recommend the following mix of programming may in some the material is first-run programming or optional categories: National news, instances be more heavily weighted previously aired on this or another international news, public service toward the categories of interest in this station; the approximate length of the announcements (both paid and unpaid), proceeding than is the programming on segment excluding interstitial religious programming, emergency some commercial stations. But the goals commercials; whether the material programming, and any other category of underlying this proceeding—facilitating reported, or any portion of it, is subject programming that a broadcaster believes access to information on how licensees to the disclosure requirements of the serves their public interest obligation. are serving the public interest and local Commission’s sponsorship We seek comment on this proposal and

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any others. Are the optional categories 42. We agree that the new seek to maximize the benefits to the useful, or should the list be standardized disclosure form should be public while limiting as much as supplemented or reduced? We also seek submitted as machine-processable in a possible the burden of compliance on comment on definitions of the optional standardized, machine-readable format broadcasters. These costs and benefits categories listed above as well as any that will be searchable so that the can have many dimensions, some which others proposed by commenters. material can be easily analyzed. Such a may not be easy to quantify, including 40. Comments category. We seek format would help us accomplish the cost implications for industry, public comment on whether we should include accessibility and accountability goals for interest benefits to viewers, and other a ‘‘comments’’ category, which would which the form will be created. As less tangible benefits. allow a licensee to highlight information recommended in the National 46. To address the first criterion, we that it believes is important, but is not Broadband Plan, we believe that as a seek comment on the best ways to included in the reporting categories. A government agency we should make ensure that the form discussed in this ‘‘comments’’ category could provide information available in a machine- NOI will actually benefit the public. We licensees with space to discuss any readable or otherwise accessible format seek comment on the extent to which mitigating factors or other information where possible. We seek the Commission and members of the relevant to the information provided in recommendations on how to implement public may be expected to utilize the the form. For example, a station that this goal. additional information compiled in the was off the air due to severe weather or form. Further, we seek comment on any technical issues on a day selected for B. Radio considerations regarding the form that reporting may wish to note that on its 43. Given the Enhanced Disclosure would increase the number of people form. This category could also provide NOI’s genesis in the DTV transition, the who will benefit from such rules, and licensees with space to discuss any Report and Order was limited to the nature of these benefits. In additional efforts they have made to reporting by television stations. The particular, we seek comment on the best serve their communities. We seek Commission later sought comment on ways to ensure that information is more comment on this proposal. Would a implementing a standardized form readily accessible to the public. We seek comments category preclude the need requirement for analog and digital radio information on whether, and to what for the type of optional reporting stations in the Further Notice of extent, the accessibility of a categories discussed above? Proposed Rulemaking in the Digital standardized form is greater than an Audio Broadcasting proceeding. We online issues/programs list. While we 5. Data Format believe that we should eventually believe that a standardized form will 41. The INC Report suggests that require radio licensees to replace their increase the accessibility of information ensuring that as much data as possible issues/programs lists with a about how television stations serve their is in a standardized, machine-readable standardized form as well. We also communities, we seek further format could enhance the usefulness believe, however, that there may be suggestions for increasing accessibility. and accessibility of such data. It benefits to requiring television licensees 47. To address the second criterion, recommends that ‘‘online disclosure to implement enhanced disclosure we seek comment on the nature and should be done according to the requirements first. Television stations magnitude of the costs and benefits of principles advocated by experts on have been significantly more involved the new proposals on broadcasters. We transparency: In standardized, machine in considering these issues, from the recognize that these may vary by readable and structured formats.’’ The Enhanced Disclosure NOI in 1999 broadcaster, and seek comment on INC Report generally notes that through the 2007 Report and Order. possible differential impacts, including information collected by the Further, it may ease the initial size and type of broadcaster. We seek government should be in formats ‘‘that implementation of a standardized form specific information about whether, make it easy for programmers to create if we begin the process with the much how, and by how much broadcasters new applications that can present the smaller number of television licensees. may be impacted differently in terms of data in more useful formats, or combine Finally, we foresee that there may be the costs and benefits of our proposed one agency’s information with another,’’ some radio-specific concerns that we rules. In response to the Report and and that ‘‘data releases should include will need to address prior to adopting Order several reconsideration an Application Programming Interface disclosure requirements for radio petitioners argued that compliance (API) that allows the data to be shared stations. would be overly burdensome and costly. easily with other computers and To what extent will the new proposal to applications.’’ PIPAC supports the INC IV. Cost/Benefit Analysis streamline the form and seek sample Report suggestions, asserting that ‘‘an 44. In proposing rules to ensure that data impose less or more of a cost than online reporting mechanism that is part the public has adequate access to the cost projections related to Form 355? of a searchable, integrated database information about how broadcasters are Will the elimination of the issues/ would not only reduce the burden of serving their communities, we intend to programs list and replacement with a submitting this information, it would look at the many factors involved in an streamlined disclosure online system also provide communities and effective disclosure form in order to reduce or increase burdens on researchers with better access to it.’’ ensure that the form serves its intended broadcasters? Are there ways to further PIPAC notes that such a database would purpose without posing an undue decrease costs of a standardized allow the public and researchers to burden on industry. There are two key reporting form? download the data in raw form in its criteria for the success of such an 48. To the extent possible, we request entirety to compare stations’ approach. comment that will enable us to weigh performances or perform other analyses. 45. First, acknowledging the potential the costs and benefits associated with It also asserts that such a database difficulty of quantifying benefits and these proposed disclosure rules. We should be connected electronically with burdens, we need to determine whether request that commenters provide the ownership data the Commission a disclosure form will significantly specific data and information, such as already collects, thus reducing further benefit the public and, in fact, clarify actual or estimated dollar figures for the broadcaster filing burden. important issues for them. Second, we each specific cost or benefit addressed,

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including a description of how the data Alex O. De Guzman, President, FEDERAL MARITIME COMMISSION or information was calculated or (Qualifying Individual), Ehmee O. De obtained and any supporting Guzman, Secretary/CFO, Application Ocean Transportation Intermediary documentation or other evidentiary Type: New OFF License. License; Revocation support. We understand that it may be E.M. Global Cargo, Inc (NVO & OFF), The Federal Maritime Commission difficult to place a dollar figure on the 4980 NW 11th Avenue, Ft. hereby gives notice that the following benefits of a standardized form, but seek Lauderdale, FL 33334, Officer: Ocean Transportation Intermediary input on the benefits of such a form. We Eugenio J. Martinez, President/ license has been revoked pursuant to also seek information regarding the Secretary/Treasurer/VP, (Qualifying section 19 of the Shipping Act of 1984 burden of compiling the issues/ Individual), Application Type: New (46 U.S.C. chapter 409) and the programs list and to what extent the NVO & OFF License. regulations of the Commission standardized form would either reduce Fil Lines USA Inc. (NVO), One pertaining to the licensing of Ocean or increase the burden on broadcasters. Woodbridge Center, Suite 255, Transportation Intermediaries, 46 CFR All comments will be considered and Woodbridge, NJ 07095, Officers: part 515, effective on the corresponding given appropriate weight. Vague or Ramesh Krishnan, Director/President/ date shown below: unsupported assertions regarding costs Treasurer, (Qualifying Individual), License Number: 018407N. or benefits generally can be expected to Martin Huen, Vice President, Name: Pacific Atlantic Lines, Inc. receive less weight and be less Application Type: QI Change. Address: 2629 Townsgate Road, Suite persuasive than more specific and Friendship Logistics LLC (OFF), 7823 225, Thousand Oaks, CA 91361. supported statements. New London Drive, Springfield, VA Date Revoked: November 19, 2011. Federal Communications Commission. 22153, Officers: Feras Hindi, Member, Reason: Failed to maintain a valid Marlene H. Dortch, (Qualifying Individual), Ruba Hindi, bond. Member, Application Type: New OFF Secretary. Sandra L. Kusumoto, License. [FR Doc. 2011–31972 Filed 12–14–11; 8:45 am] Kemka USA Limited Liability Company Director, Bureau of Certification and BILLING CODE 6712–01–P Licensing. (NVO & OFF), 421 Lucy Court, South Plainfield, NJ 07080, Officer: Hsiang [FR Doc. 2011–32111 Filed 12–14–11; 8:45 am] (Rita) Y. Hsiao, Member, (Qualifying BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION Individual), Application Type: Add OFF Service. Ocean Transportation Intermediary FEDERAL RETIREMENT THRIFT License; Applicants Lynx Global Corp. (NVO & OFF), 2000 NW 62nd Avenue, Building 711, INVESTMENT BOARD Notice is hereby given that the Miami, FL 33122, Officers: Eugenio J. Sunshine Act; Notice of Meeting following applicants have filed with the Clur, Director, (Qualifying Federal Maritime Commission an Individual), Alfonso Rey, Owner, TIME AND DATE: 11 a.m. (Eastern Time), application for a license as a Non- Application Type: New NVO & OFF December 19, 2011. Vessel-Operating Common Carrier License. PLACE: 4th Floor Conference Room, (NVO) and/or Ocean Freight Forwarder Markland Investments, Inc. (OFF), 4517 1250 H Street NW., Washington, DC (OFF)—Ocean Transportation Fulton Industrial Blvd., Atlanta, GA 20005. Intermediary (OTI) pursuant to section 30336, Officer: Mark Asare, President, STATUS: Parts will be open to the public 19 of the Shipping Act of 1984 as (Qualifying Individual), Application and parts will be closed to the public . amended (46 U.S.C. Chapter 409 and 46 Type: New OFF License. CFR 515). Notice is also hereby given of Midas International Investments LLC MATTERS TO BE CONSIDERED: the filing of applications to amend an dba Midas Express, Shipping and Parts Open to the Public existing OTI license or the Qualifying Freight (NVO), 142223 Cherry Lane Individual (QI) for a license. 1. Approval of the minutes of the Court, Laurel, MD 20707, Officer: November 30, 2011 Board Member Interested persons may contact the Ademola Oreagba, President, Office of Transportation Intermediaries, Meeting. (Qualifying Individual), Application 2. Thrift Savings Plan Activity Report by Federal Maritime Commission, Type: New NVO License. Washington, DC 20573, by telephone at the Executive Director: One Shipping, Inc. (NVO & OFF), 6703 a. Monthly Participant Activity (202) 523–5843 or by email at N. Cicero Avenue, Lincolnwood, IL [email protected]. Report. 60712, Officer: Steven Chong, b. Monthly Investment Performance Aieca International Logistics Corp President/Secretary, (Qualifying Review. (OFF), 5583 NW 72 Avenue, Miami, Individual), Application Type: New c. Legislative Report. FL 33166, Officer: Humberto E. NVO & OFF License. 3. 2012 Board Meeting Calendar. Espinoza, President/Secretary/ Sealand Freight LLC (NVO), 3925 Treasurer, (Qualifying Individual), Galveston Road, Houston, TX 77017, Parts Closed to the Public Application Type: New OFF License. Officers: Walid M. Hattab, Chief 4. Procurement. Boacon Synergy Inc (OFF), 3523 Executive Member, (Qualifying CONTACT PERSON FOR MORE INFORMATION: Steeplechase Lane, #2A, Loveland, Individual), Ola M. Ghunmat, Thomas J. Trabucco, Director, Office of OH 45140, Officers: Benjamin Afolabi, Member, Application Type: New NVO External Affairs, (202) 942–1640. President/Treasurer, (Qualifying License. Individual), Beatrice O. Afolabi, Dated: December 13, 2011. Secretary, Application Type: New Dated: December 9, 2011. Thomas K. Emswiler, OFF License. Karen V. Gregory, Secretary, Federal Retirement Thrift Eastern Express Cargo Inc. dba Eastern Secretary. Investment Board. Express (OFF), 10717 Camino Ruiz, [FR Doc. 2011–32110 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32236 Filed 12–13–11; 11:15 am] #119, San Diego, CA 92126, Officers: BILLING CODE 6730–01–P BILLING CODE 6760–01–P

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FEDERAL TRADE COMMISSION www.ftc.gov/os/actions.shtm. A paper Postal mail addressed to the copy can be obtained from the FTC Commission is subject to delay due to [File No. 111 0155] Public Reference Room, Room 130–H, heightened security screening. As a Laboratory Corporation of America 600 Pennsylvania Avenue NW., result, we encourage you to submit your Holdings and Orchid Cellmark Inc.; Washington, DC 20580, either in person comments online. To make sure that the Analysis of Proposed Agreement or by calling (202) 326–2222. Commission considers your online Containing Consent Orders To Aid You can file a comment online or on comment, you must file it at https:// Public Comment paper. For the Commission to consider ftcpublic.commentworks.com/ftc/ your comment, we must receive it on or labcorporchidconsent by following the AGENCY: Federal Trade Commission. before January 9, 2012. Write ’’LabCorp/ instructions on the Web-based form. If ACTION: Proposed Consent Agreement. Orchid, File No. 111 0155’’ on your this Notice appears at http:// comment. Your comment—including www.regulations.gov/#!home, you also SUMMARY: The consent agreement in this your name and your state—will be may file a comment through that Web matter settles alleged violations of placed on the public record of this site. federal law prohibiting unfair or proceeding, including, to the extent If you file your comment on paper, deceptive acts or practices or unfair practicable, on the public Commission write ’’LabCorp/Orchid, File No. 111 methods of competition. The attached Web site, at http://www.ftc.gov/os/ 0155’’ on your comment and on the Analysis to Aid Public Comment publiccomments.shtm. As a matter of envelope, and mail or deliver it to the describes both the allegations in the discretion, the Commission tries to following address: Federal Trade draft complaint and the terms of the remove individuals’ home contact Commission, Office of the Secretary, consent order—embodied in the consent information from comments before Room H–113 (Annex D), 600 agreement—that would settle these placing them on the Commission Web Pennsylvania Avenue NW., Washington, allegations. site. DC 20580. If possible, submit your DATES: Comments must be received on Because your comment will be made paper comment to the Commission by or before January 9, 2012. public, you are solely responsible for courier or overnight service. ADDRESSES: Interested parties may file a making sure that your comment does Visit the Commission Web site at comment online or on paper, by not include any sensitive personal http://www.ftc.gov to read this Notice following the instructions in the information, like anyone’s Social and the news release describing it. The Request for Comment part of the Security number, date of birth, driver’s FTC Act and other laws that the SUPPLEMENTARY INFORMATION section license number or other state Commission administers permit the below. Write ‘‘LabCorp/Orchid, File No. identification number or foreign country collection of public comments to 111 0155’’ on your comment, and file equivalent, passport number, financial consider and use in this proceeding as your comment online at https:// account number, or credit or debit card appropriate. The Commission will ftcpublic.commentworks.com/ftc/ number. You are also solely responsible consider all timely and responsive labcorporchidconsent, by following the for making sure that your comment does public comments that it receives on or instructions on the Web-based form. If not include any sensitive health before January 9, 2012. You can find you prefer to file your comment on information, like medical records or more information, including routine paper, mail or deliver your comment to other individually identifiable health uses permitted by the Privacy Act, in the following address: Federal Trade information. In addition, do not include the Commission’s privacy policy, at Commission, Office of the Secretary, any ’’[t]rade secret or any commercial or http://www.ftc.gov/ftc/privacy.htm. Room H–113 (Annex D), 600 financial information which is obtained Analysis of Agreement Containing Pennsylvania Avenue NW., Washington, from any person and which is privileged Consent Order To Aid Public Comment DC 20580. or confidential,‘‘ as provided in Section FOR FURTHER INFORMATION CONTACT: 6(f) of the FTC Act, 15 U.S.C. 46(f), and I. Introduction Michael Barnett (202) 326–2362), FTC, FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). The Federal Trade Commission Bureau of Competition, 600 In particular, do not include (‘‘Commission’’) has accepted, subject to Pennsylvania Avenue NW., Washington, competitively sensitive information final approval, an Agreement DC 20580. such as costs, sales statistics, Containing Consent Orders (‘‘Consent SUPPLEMENTARY INFORMATION: Pursuant inventories, formulas, patterns, devices, Agreement’’) with Laboratory to section 6(f) of the Federal Trade manufacturing processes, or customer Corporation of America Holdings Commission Act, 38 Stat. 721, 15 U.S.C. names. (‘‘LabCorp’’), which is designed to 46(f), and § 2.34 the Commission Rules If you want the Commission to give remedy the anticompetitive effects of its of Practice, 16 CFR 2.34, notice is your comment confidential treatment, proposed acquisition of Orchid hereby given that the above-captioned you must file it in paper form, with a Cellmark Inc. (‘‘Orchid’’). Under the consent agreement containing a consent request for confidential treatment, and terms of the Consent Agreement, order to cease and desist, having been you have to follow the procedure LabCorp is required to divest Orchid’s filed with and accepted, subject to final explained in FTC Rule 4.9(c), 16 CFR U.S. government paternity testing approval, by the Commission, has been 4.9(c).1 Your comment will be kept services business to DNA Diagnostics placed on the public record for a period confidential only if the FTC General Center (‘‘ADDC’’). The Consent of thirty (30) days. The following Counsel, in his or her sole discretion, Agreement also requires LabCorp to Analysis to Aid Public Comment grants your request in accordance with facilitate the assignment of Orchid’s describes the terms of the consent the law and the public interest. current government contracts to provide agreement, and the allegations in the paternity testing services. The assets complaint. An electronic copy of the 1 In particular, the written request for confidential involved include all of the necessary full text of the consent agreement treatment that accompanies the comment must relevant equipment, books and records, include the factual and legal basis for the request, package can be obtained from the FTC and must identify the specific portions of the and other information necessary for Home Page (for December 8, 2011), on comment to be withheld from the public record. See DDC to bid competitively for future the World Wide Web, at http:// FTC Rule 4.9(c), 16 CFR 4.9(c). government paternity testing services

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business. With this Consent Agreement, Most other DNA testing laboratories do effectively replace Orchid as the the competition that would otherwise be not have the scale or the experience primary competitor to LabCorp. DDC eliminated through the proposed needed to compete effectively for has the resources and experience acquisition of Orchid by LabCorp will government contracts. necessary to acquire the divested assets be fully preserved. and assume responsibility for Orchid’s IV. Effects of the Acquisition The proposed Consent Agreement has existing government contracts. been placed on the public record for The proposed acquisition likely If the Commission determines that thirty days for receipt of comments by would result in significant either DDC is not an acceptable acquirer interested persons. Comments received anticompetitive harm in the highly- of the assets to be divested, or that the during this period will become part of concentrated relevant market for manner of the divestitures is not the public record. After thirty days, the government paternity testing services. acceptable, LabCorp must unwind the Commission will again review the LabCorp and Orchid are the only divestiture and divest the assets within proposed Consent Agreement and the significant competitors in this highly- six months of the date the Order comments received, and will decide concentrated market. Over the past five becomes final to another Commission- whether it should withdraw from the years, LabCorp and Orchid consistently approved acquirer. If LabCorp fails to proposed Consent Agreement, modify it, participated in the vast majority of state divest the assets within the six months, or make final the accompanying and local government bids conducted in the Commission may appoint a trustee Decision and Order (‘‘Order’’). the United States, almost always as to divest the relevant assets. Pursuant to an Agreement and Plan of head-to-head competitors. They bid The purpose of this analysis is to Merger dated April 5, 2011, LabCorp more often, and typically at lower facilitate public comment on the intends to acquire Orchid in a cash prices, than any other labs. The proposed Consent Agreement, and it is tender offer valued at approximately acquisition will eliminate this not intended to constitute an official $85.4 million. Both parties provide significant head-to-head competition interpretation of the proposed Consent paternity testing services to government and is likely to result in higher prices Agreement or to modify its terms in any agencies, and are by far the largest for government paternity testing way. providers of those services in the United services contracts. States. The Commission’s complaint By direction of the Commission. V. The Consent Agreement alleges that the proposed acquisition, if Donald S. Clark, consummated, would violate Section 7 The proposed Consent Agreement Secretary. of the Clayton Act, as amended, 15 remedies the competitive concerns [FR Doc. 2011–32125 Filed 12–14–11; 8:45 am] U.S.C. 18, and Section 5 of the Federal raised by the transaction by requiring BILLING CODE 6750–01–P Trade Commission Act, as amended, 15 the parties to divest Orchid’s U.S. U.S.C. § 45, in U.S. markets for the government paternity testing business to provision of paternity testing services to DDC. LabCorp also must divest testing GENERAL SERVICES state and local government agencies. equipment along with contract and ADMINISTRATION The proposed Consent Agreement service information necessary to enable DDC to replicate Orchid’s market [OMB Control No. 3090–0294; Docket No. remedies the alleged violations by 2011–0001; Sequence 4] replacing the lost competition in the position. LabCorp also must facilitate relevant market that would result from the assignment of all existing Information Collection; Implementation the acquisition. government paternity testing services of Information Technology Security contracts to DDC. This divestiture Provision II. The Products and Structure of the preserves competition that would Markets otherwise be eliminated as a result of AGENCY: General Services DNA paternity testing services for the acquisition. Administration (GSA). government agencies is a relevant The proposed Consent Agreement ACTION: Notice of request for public product market in which to analyze the also contains several provisions comments regarding a new OMB competitive effects of the proposed designed to ensure that the divestiture information clearance. acquisition. No other types of paternity is successful. LabCorp must provide lab testing services, like blood testing, meet testing services to DDC until the assets SUMMARY: Under the provisions of the government agencies’ requirements. are fully transferred and Orchid’s Paperwork Reduction Act, the LabCorp and Orchid are the two government contracts are assigned to Regulatory Secretariat will be principal competitors in the United DDC. In addition, DDC will have access submitting to the Office of Management States for government paternity testing to the personnel and information that and Budget (OMB) a request to review services contracts—they are the only are at Orchid’s Dayton facility. Finally, and approve a new information two firms that consistently bid for these LabCorp cannot use or retain any collection requirement regarding contracts, they account for the confidential business information Implementation of Information overwhelming majority of awarded except as necessary to maintain the Technology Security Provision. contracts, and they have been the assets for DDC’s use during the Public comments are particularly winner and runner-up in most of these transition period. To prevent improper invited on: Whether this collection of bids. As a result, LabCorp and Orchid sharing of information, a manager of the information is necessary for the proper accounted for the overwhelming business being transferred who reports performance of functions of the GSAR, majority of the business in this roughly directly to Commission staff will be put and whether it will have practical $27 million market. in place. utility; whether our estimate of the DDC is a respected provider of public burden of this collection of III. Entry paternity testing services for both information is accurate, and based on The anticompetitive impact of private and government customers. DDC valid assumptions and methodology; LabCorp’s acquisition of Orchid is not operates a testing laboratory located in ways to enhance the quality, utility, and likely to be averted by entry or Fairfield, Ohio that, with the divested clarity of the information to be expansion from other DNA testing labs. assets and business, will enable DDC to collected; and ways in which we can

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minimize the burden of the collection of that promote compliance with GSA IT GENERAL SERVICES information on those who are to Security Policy and Procedures. ADMINISTRATION respond, through the use of appropriate The rule requires contracting officers [OMB Control No. 3090–0027; Docket 2011– technological collection techniques or to insert the clause at 552.239–71, 0001; Sequence 8] other forms of information technology. Security Requirements for Unclassified DATES: Submit comments on or before Information Technology Resources, in General Services Administration February 13, 2012. solicitations and contracts containing Acquisition Regulation; Information ADDRESSES: Submit comments the provision at 552.239–70, Collection; Contract Administration, identified by Information Collection Information Technology Security Plan Quality Assurance (GSAR Parts 542 3090–0294, Implementation of and Accreditation. As such, the and 546; GSA Form 1678 and GSA Form 308) Information Technology Security provision and clause will be inserted in Provision, by any of the following solicitations that include information AGENCY: methods: Office of the Chief Acquisition • Regulations.gov: http:// technology supplies, services or systems Officer, GSA. www.regulations.gov. Submit comments in which the contractor will have ACTION: Notice of request for comments via the Federal eRulemaking portal by physical or electronic access to regarding an extension to an existing inputting ‘‘Information Collection 3090– government information that directly OMB clearance. 0294, Implementation of Information supports the mission of GSA. The rule SUMMARY: Under the provisions of the Technology Security Provision,’’ under requires contractors, within 30 days Paperwork Reduction Act, the General the heading ‘‘Enter Keyword or ID’’ and after contract award to submit an IT Services Administration will be selecting ‘‘Search’’. Select the link Security Plan to the Contracting Officer submitting to the Office of Management ‘‘Submit a Comment’’ that corresponds and Contacting Officer’s Representative and Budget (OMB) a request to review with ‘‘Information Collection 3090– that describes the processes and and approve an extension of a 0294, Implementation of Information procedures that will be followed to previously approved information Technology Security Provision’’. Follow ensure appropriate security of IT collection requirement regarding the instructions provided at the ‘‘Submit resources that are developed, processes, contract administration, and quality a Comment’’ screen. Please include your or used under the contract. The rule will assurance. name, company name (if any), and also require that contractors submit Public comments are particularly ‘‘Information Collection 3090–0294, written proof of IT security invited on: Whether this collection of Implementation of Information authorization six months after contract information is necessary and whether it Technology Security Provision’’ on your award, and verify that the IT Security will have practical utility; whether our attached document. Plan remains valid annually. • Fax: (202) 501–4067. estimate of the public burden of this • Mail: General Services B. Annual Reporting Burden collection of information is accurate and Administration, Regulatory Secretariat based on valid assumptions and (MVCB), 1275 First Street NE., Respondents: 147. methodology; and ways to enhance the Washington, DC 20417. Attn: Hada Responses per Respondent: 2. quality, utility, and clarity of the information to be collected. Flowers/IC 3090–0294, Implementation Hours per Response: 5. of Information Technology Security DATES: Submit comments on or before: Provision. Total Burden Hours: 1,470. February 13, 2012. Instructions: Please submit comments Obtaining Copies of Proposals: FOR FURTHER INFORMATION CONTACT: Ms. only and cite Information Collection Requesters may obtain a copy of the Dana Munson, Procurement Analyst, 3090–0294, Implementation of information collection documents from General Services Acquisition Policy Information Technology Security the General Services Administration, Division, at (202) 357–9652 or via email Provision, in all correspondence related Regulatory Secretariat (MVCB), 1275 to [email protected]. to this collection. All comments First Street NE., Washington, DC 20417, ADDRESSES: Submit comments received will be posted without change telephone (202) 501–4755. Please cite identified by Information Collection to http://www.regulations.gov, including OMB Control No. 3090–0294, 3090–0027, Contract Administration any personal and/or business Implementation of Information and Quality Assurance (GSAM Part 542 confidential information provided. Technology Security Provision, in all and Part 546; GSA Form 1678 and GSA FOR FURTHER INFORMATION CONTACT: Ms. correspondence. Form 308), by any of the following Deborah Lague, Procurement Analyst, methods: Office of Acquisition Policy, at (202) Dated: December 9, 2011. • Regulations.gov: http:// 694–8149 or via email at Joseph A. Neurauter, www.regulations.gov. Submit comments [email protected]. Director, Office of Acquisition Policy, Senior via the Federal eRulemaking portal by SUPPLEMENTARY INFORMATION: Procurement Executive. inputting ‘‘Information Collection 3090– [FR Doc. 2011–32156 Filed 12–14–11; 8:45 am] 0027, Contract Administration and A. Purpose BILLING CODE 6820–61–P Quality Assurance (GSAM Part 542 and The General Services Administration Part 546; GSA Form 1678 and GSA (GSA) issued a interim rule (76 FR Form 308)’’, under the heading ‘‘Enter 34886) to implement a recommendation Keyword or ID’’ and selecting ‘‘Search’’. from the Office of the Inspector General Select the link ‘‘Submit a Comment’’ (OIG) based on an internal audit of the that corresponds with ‘‘Information security of GSA’s information Collection 3090–0027, Contract technology data and systems. The audit Administration and Quality Assurance recommended that GSA develop (GSAM Part 542 and Part 546; GSA standard requirements and deliverables Form 1678 and GSA Form 308)’’. Follow for IT service contracts and task orders the instructions provided at the ‘‘Submit

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a Comment’’ screen. Please include your Dated: December 9, 2011. Proposed Project: Let’s Move! Cities, name, company name (if any), and Joseph A. Neurauter, Towns, and Counties—OMB No. 0990— ‘‘Information Collection 3090–0027, Director, Office of Acquisition Policy & Senior NEW—Emergency Information Contract Administration and Quality Procurement Executive. Collection Clearance Request—Office of Assurance (GSAM Part 542 and Part [FR Doc. 2011–32157 Filed 12–14–11; 8:45 am] the Assistant Secretary for Planning and 546; GSA Form 1678 and GSA Form BILLING CODE 6820–61–P Evaluation (ASPE). 308)’’, on your attached document. Abstract: The Office of the Assistant • Fax: (202) 501–4067. Secretary for Planning and Evaluation • Mail: General Services (ASPE) is requesting approval from the Administration, Regulatory Secretariat DEPARTMENT OF HEALTH AND Office of Management and Budget (MVCB), 1275 First Street NE., HUMAN SERVICES (OMB) to conduct a survey of public Washington, DC 20417. ATTN: Hada [Document Identifier OS–0990—New] sector organizations for the Let’s Move! Flowers/IC 3090–0027, Contract Cities, Towns and Counties Initiative. Administration and Quality Assurance Agency Emergency Information Let’s Move! is a comprehensive (GSAM Part 542 and Part 546; GSA Collection Clearance Request for initiative, launched by the First Lady, Form 1678 and GSA Form 308). Public Comment dedicated to solving the challenge of Instructions: Please submit comments childhood obesity within a generation. only and cite Information Collection AGENCY: Office of the Secretary, HHS. Combining comprehensive strategies 3090–0027, Contract Administration In compliance with the requirement with common sense, Let’s Move! is and Quality Assurance (GSAM Part 542 of section 3506(c)(2)(A) of the about: and Part 546; GSA Form 1678 and GSA Paperwork Reduction Act of 1995, the • Putting children on the path to a Form 308), in all correspondence related Office of the Secretary (OS), Department healthy future during their earliest to this collection. All comments of Health and Human Services, is months and years; received will be posted without change publishing the following summary of a • Giving parents helpful information to http://www.regulations.gov, including proposed information collection request and fostering environments that support any personal and/or business for public comment. Interested persons healthy choices; confidential information provided. are invited to send comments regarding • Providing healthier foods in our SUPPLEMENTARY INFORMATION: this burden estimate or any other aspect schools; of this collection of information, • Ensuring that every family has A. Purpose including any of the following subjects: access to healthy, affordable food; and Under certain contracts, because of (1) The necessity and utility of the • Helping kids become more reliance on contractor inspection in lieu proposed information collection for the physically active. of Government inspection, GSA’s proper performance of the agency’s Let’s Move! Cities, Towns, and Federal Supply Service (FSS) requires functions; (2) the accuracy of the Counties emphasizes the unique ability documentation from its contractors to estimated burden; (3) ways to enhance of communities to solve the challenge effectively monitor contractor the quality, utility, and clarity of the locally, and the critical leadership performance and ensure that it will be information to be collected; and (4) the mayors and elected officials can provide able to take timely action should that use of automated collection techniques to bring communities together and spur performance be deficient. or other forms of information action. The initiative is designed to technology to minimize the information encourage mayors and elected officials B. Annual Reporting Burden collection burden. to adopt a long-term, sustainable and Respondents: 4,604. To obtain copies of the supporting holistic approach to fighting childhood Total Responses: 116,869. statement and any related forms for the obesity. Total Burden Hours: 7,830. proposed paperwork collections This activity is requesting comment Obtaining Copies of Proposals: referenced above, email your request, on the burden for a baseline survey for Requesters may obtain a copy of the including your address, phone number, local or county officials who have information collection documents from OMB number, and OS document chosen to participate in Let’s Move! the General Services Administration, identifier, to Cities, Towns, and Counties. The survey Regulatory Secretariat (MVCB), 1275 [email protected], or call requests information about the activities First Street NE., Washington, DC 20417, the Reports Clearance Office at (202) the locality is choosing to undertake. telephone (202) 501–4755. Please cite 690–6162. Written comments and The responses to these questions will be OMB Control No. 3090–0027, Contract recommendations for the proposed used to show progress and successes Administration, Quality Assurance information collections must be directed over time for localities participating in (GSAR Parts 542 and 546; GSA Form to the OS Paperwork Clearance Officer Let’s Move! Cities, Towns, and Counties. 1678, and GSA Form 308), in all at the above email address within 15 Separate notices will be published for correspondence. days. subsequent surveys.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Number of responses Average Total burden Type of respondent Form respondents per burden hours hours respondent per response

Government Official (city, town, county) ...... Baseline Survey ...... 1,000 1 15/60 250

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Keith A. Tucker, burden; (3) ways to enhance the quality, collection activities for the Patient Office of the Secretary, Paperwork Reduction utility, and clarity of the information to Centered Care Collaboration to Improve Act Reports Clearance Officer. be collected; and (4) the use of Minority Health project (PCCC). This [FR Doc. 2011–32118 Filed 12–14–11; 8:45 am] automated collection techniques or dissemination and adoption initiative BILLING CODE 4150–05–P other forms of information technology to funded in 2010, under the ARRA, 2009, minimize the information collection through the Office of Minority Health burden. and the Agency for Health Care Quality DEPARTMENT OF HEALTH AND To obtain copies of the supporting supports dissemination and adoption HUMAN SERVICES statement and any related forms for the priorities as outlined in the HHS Report [Document Identifier OS–0990–New; 30-day proposed paperwork collections to Congress on Comparative notice] referenced above, email your request, Effectiveness Research. The PCCC including your address, phone number, evaluation will assess whether Agency Information Collection OMB number, and OS document disseminating a diabetes education Request. 30-Day Public Comment identifier, to intervention in a community based Request [email protected], or call health clinic and offering a medication AGENCY: Office of the Secretary, HHS. the Reports Clearance Office on (202) management and adherence In compliance with the requirement 690–5683. Send written comments and intervention through home visits to of section 3506(c)(2)(A) of the recommendations for the proposed seniors, improves the health and well Paperwork Reduction Act of 1995, the information collections within 30 days being of racial and ethnic minority Office of the Secretary (OS), Department of this notice directly to the OS OMB program participants; if the approach of Health and Human Services, is Desk Officer; faxed to OMB at (202) taken through the implementation of publishing the following summary of a 395–5806. proven PCOR findings such as using proposed collection for public Proposed Project: Patient Centered community health workers and comment. Interested persons are invited Care Collaboration to Improve Minority educators, and pharmacists to deliver to send comments regarding this burden Health, OMB# 0990–New, Office of the interventions improves the estimate or any other aspect of this Minority Health. likelihood of patients changing their collection of information, including any Abstract: The Office of Minority behaviors to improve their health status; of the following subjects: (1) The Health (OMH) in the Office of the and to determine if participants learned necessity and utility of the proposed Assistant Secretary for Health (OASH), new information and skills that would information collection for the proper Office of the Secretary (OS) is requesting help them to manage their health performance of the agency’s functions; approval from the Office of Management conditions and improve their health (2) the accuracy of the estimated and Budget (OMB) on new data status.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Type of Number of responses burden Total burden Forms respondent respondents per (in hours) hours respondent per response

Chicago: Screening Questionnaire ...... Individuals ...... 165 1 5/60 14 Intake Questionnaire ...... Individuals ...... 50 1 40/60 33 Post Questionnaire ...... Individuals ...... 40 1 40/60 27

Sub-Total ...... 255 1 ...... 74

Houston: Eligibility Screening Form: Hypertension and Dia- Individual ...... 200 1 15/60 50 betes. First Home Visit Forms: Hypertension, Diabetes, Individual ...... 200 1 40/60 133 or Hypertension and Diabetes. Telephone Follow-up: Being Active and Man- Individual ...... 180 1 20/60 60 aging Stress. Telephone Follow-up: Healthy Eating ...... Individual ...... 180 1 20/60 60 Post Intervention Follow-up Form: Hypertension, Individual ...... 180 1 20/60 60 Diabetes, or Hypertension and Diabetes.

Sub-total ...... 940 ...... 363

Total ...... Individual ...... 1195 ...... 437

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Keith A. Tucker, DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Office of the Secretary, Paperwork Reduction HUMAN SERVICES HUMAN SERVICES Act Clearance Officer. [FR Doc. 2011–32123 Filed 12–14–11; 8:45 am] National Institutes of Health National Institutes of Health BILLING CODE 4150–29–P National Institute of Dental and National Institute of Diabetes and Craniofacial Research; Notice of Digestive and Kidney Diseases; Notice DEPARTMENT OF HEALTH AND Closed Meetings of Closed Meetings HUMAN SERVICES Pursuant to section 10(d) of the Pursuant to section 10(d) of the National Institutes of Health 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 National Cancer Institute; Notice of hereby given of the following meetings. hereby given of the following meetings. Closed Meeting The meetings will be closed to the The meetings will be closed to the public in accordance with the public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. App.), notice is as amended. The grant applications and as amended. The grant applications and hereby given of the following meeting. the discussions could disclose the discussions could disclose The meeting will be closed to the confidential trade secrets or commercial confidential trade secrets or commercial public in accordance with the property such as patentable material, property such as patentable material, provisions set forth in sections and personal information concerning and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant individuals associated with the grant as amended. The grant applications and applications, the disclosure of which applications, the disclosure of which the discussions could disclose would constitute a clearly unwarranted would constitute a clearly unwarranted confidential trade secrets or commercial invasion of personal privacy. invasion of personal privacy. property such as patentable material, Name of Committee: National Institute of and personal information concerning Name of Committee: National Institute of Dental and Craniofacial Research Special Diabetes and Digestive and Kidney Diseases individuals associated with the grant Emphasis Panel; Review PAR–11–289 K12s. Special Emphasis Panel, DEM Fellowship Date: January 19, 2012. applications, the disclosure of which Reviews. Time: 1 p.m. to 2 p.m. would constitute a clearly unwarranted Date: January 31, 2011–February 1, 2012. Agenda: To review and evaluate grant invasion of personal privacy. Time: 8 a.m. to 2 p.m. applications. Agenda: To review and evaluate grant Name of Committee: National Cancer Place: National Institutes of Health, 6701 Institute Initial Review Group, Subcommittee Rockledge Drive, Bethesda, MD 20892. applications. G—Education. (Telephone Conference Call). Place: Regency Bethesda, One Date: January 24, 2012. Contact Person: Mary Kelly, Scientific Bethesda Metro Center, 7400 Wisconsin Time: 8 a.m. to 6 p.m. Review Officer, Scientific Review Branch, Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant National Inst of Dental & Craniofacial Contact Person: Carol J. Goter-Robinson, applications. Research, NIH 6701 Democracy Blvd., Room Ph.D., Scientific Review Officer, Review Place: Hilton Washington/Rockville, 1750 672, MSC 4878, Bethesda, md 20892–4878, Branch, Dea, NIDDK, National Institutes of Rockville Pike, Rockville, MD 20852. (301) 594–4809, [email protected]. Health, Room 748, 6707 Democracy Contact Person: Jeannette F. Korczak, Name of Committee: National Institute of Boulevard, Bethesda, MD 20892–5452, (301) Ph.D., Scientific Review Administrator, Dental and Craniofacial Research Special 594–7791, Resources and Training Review Branch, Emphasis Panel; PAR–11–144 Competitive [email protected]. Division of Extramural Activities, National Revision Applications Scientific Review Name of Committee: National Institute of Cancer Institute, NIH, 6116 Executive Blvd., Meeting. Diabetes and Digestive and Kidney Diseases Room 8115, Bethesda, MD 20892, (301) 496– Date: January 25, 2012. 9767, [email protected]. Special Emphasis Panel, PAR09–247: Time: 1 p.m. to 3 p.m. Ancillary Studies of Interest to the NIDDK: Information is also available on the Agenda: To review and evaluate grant SWIFT. Institute’s/Center’s home page: http:// applications. Date: January 23, 2012. deainfo.nci.nih.gov/advisory/irg/irg.htm, Place: National Institutes of Health, One Time: 1:30 p.m. to 3 p.m. where an agenda and any additional Democracy Plaza, 6701 Democracy Agenda: To review and evaluate grant information for the meeting will be posted Boulevard, Bethesda, MD 20892. (Telephone when available. applications. Conference Call). Place: National Institutes of Health, Two (Catalogue of Federal Domestic Assistance Contact Person: Marilyn Moore-Hoon, Democracy Plaza, 6707 Democracy Program Nos. 93.392, Cancer Construction; Ph.D., Scientific Review Officer, Scientific Boulevard, Bethesda, MD 20892, (Telephone 93.393, Cancer Cause and Prevention Review Branch, National Institute of Dental Conference Call). Research; 93.394, Cancer Detection and and Craniofacial Research, 6701 Democracy Diagnosis Research; 93.395, Cancer Blvd., Rm. 676, Bethesda, MD 20892–4878, Contact Person: Najma Begum, Ph.D., Treatment Research; 93.396, Cancer Biology (301) 594–4861, [email protected]. Scientific Review Officer, Review Branch, Research; 93.397, Cancer Centers Support; (Catalogue of Federal Domestic Assistance Dea, NIDDK, National Institutes of Health, 93.398, Cancer Research Manpower; 93.399, Program Nos. 93.121, Oral Diseases and Room 749, 6707 Democracy Boulevard, Cancer Control, National Institutes of Health, Disorders Research, National Institutes of Bethesda, MD 20892–5452, (301) 594–8894, HHS) Health, HHS) [email protected]. Dated: December 7, 2011. Dated: December 9, 2011. (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Jennifer S. Spaeth, Jennifer S. Spaeth, Endocrinology and Metabolic Research; Director, Office of Federal Advisory Director, Office of Federal Advisory 93.848, Digestive Diseases and Nutrition Committee Policy. Committee Policy. Research; 93.849, Kidney Diseases, Urology [FR Doc. 2011–32104 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32194 Filed 12–14–11; 8:45 am] and Hematology Research, National Institutes BILLING CODE 4140–01–P BILLING CODE 4140–01–P of Health, HHS)

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Dated: December 9, 2011. Dated: December 9, 2011. Dated: December 9, 2011. Jennifer S. Spaeth, Jennifer S. Spaeth, Jennifer S. Spaeth, Director, Office of Federal Advisory Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. Committee Policy. Committee Policy. [FR Doc. 2011–32192 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32191 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32189 Filed 12–14–11; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P BILLING CODE 4140–01–P

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

National Institute of Allergy and National Center for Research National Institute on Alcohol Abuse Infectious Diseases; Notice of Closed Resources; Notice of Closed Meetings and Alcoholism; Notice of Closed Meetings Meeting Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as Pursuant to section 10(d) of the amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings. hereby given of the following meetings. amended (5 U.S.C. App.), notice is The meetings will be closed to the The meetings will be closed to the hereby given of the following meeting. public in accordance with the public in accordance with the The meeting will be closed to the provisions set forth in sections provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections as amended. The grant applications and as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose the discussions could disclose as amended. The grant applications and confidential trade secrets or commercial confidential trade secrets or commercial the discussions could disclose property such as patentable material, property such as patentable material, confidential trade secrets or commercial and personal information concerning and personal information concerning property such as patentable material, individuals associated with the grant individuals associated with the grant and personal information concerning applications, the disclosure of which applications, the disclosure of which individuals associated with the grant would constitute a clearly unwarranted would constitute a clearly unwarranted applications, the disclosure of which invasion of personal privacy. invasion of personal privacy. would constitute a clearly unwarranted Name of Committee: National Institute of Name of Committee: National Center for invasion of personal privacy. Allergy and Infectious Diseases Special Research Resources Special Emphasis Panel Name of Committee: National Institute on Sanctuary. Emphasis Panel; P01 Review January 2012. Alcohol Abuse and Alcoholism Initial Date: January 10, 2012. Date: January 5, 2012. Review Group, Epidemiology, Prevention Time: 8 a.m. to 12 p.m. Time: 1 p.m. to 4 p.m. and Behavior Research Review Agenda: To review and evaluate grant Agenda: To review and evaluate contract proposals. Subcommittee. applications. Date: March 28, 2012. Place: National Institutes of Health, 6700B Place: Doubletree Hotel Bethesda, Time: 8 a.m. to 6 p.m. Rockledge Drive, Bethesda, MD 20817, (Formerly Holiday Inn Select), 8120 Agenda: To review and evaluate grant (Telephone Conference Call). Wisconsin Avenue, Bethesda, MD 20814. Contact Person: Tracy A. Shahan, Ph.D., Contact Person: Lee Warren Slice, Ph.D., applications, MBA, Scientific Review Officer, Scientific Scientific Review Officer, Office of Review, Place: Hyatt Regency Bethesda, One Review Program, NIAID/NIH/DHHS, 6700B National Center for Research Resources, 6701 Bethesda Metro Center, 7400 Wisconsin Rockledge Drive, MSC 7616, Bethesda, MD Democracy Blvd. Room 1068, Bethesda, MD Avenue, Bethesda, MD 20814. 20892–7616, (301) 451–2606, 20892, (301) 435–0965, [email protected]. Contact Person: Katrina L. Foster, Ph.D., [email protected]. Name of Committee: National Center for Scientific Review Administrator, National Name of Committee: National Institute of Research Resources Special Emphasis Panel, Institutes on Alcohol Abuse & Alcoholism, Allergy and Infectious Diseases Special ZRR1 CR–3—IDeA–CTR. National Institutes of Health, 5635 Fishers Emphasis Panel; NIAID Investigator Initiated Date: January 19, 2012. Lane, Rm. 3037, Rockville, MD 20852, (301) Program Program Application. Time: 8 a.m. to 6 p.m. 443–3037, [email protected]. Date: January 12, 2012. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Time: 12:30 p.m. to 4:30 p.m. applications. Program Nos. 93.271, Alcohol Research Place: Hilton Rockville, 1750 Rockville Agenda: To review and evaluate grant Career Development Awards for Scientists Pike, Plaza III, Rockville, MD 20852. applications. and Clinicians; 93.272, Alcohol National Place: National Institutes of Health, 6700B Contact Person: Guo Zhang, Ph.D., Research Service Awards for Research Rockledge Drive, Bethesda, MD 20817, Scientific Review Officer, Office of Review, Training; 93.273, Alcohol Research Programs; (Telephone Conference Call). National Center for Research Resources, Contact Person: Andrea L. Wurster, Ph.D., National Institutes of Health, 6701 93.891, Alcohol Research Center Grants; Scientific Review Officer, Scientific Review Democracy Blvd., Dem. 1, Room 1064, Msc 93.701, ARRA Related Biomedical Research Program, DEA/NIAID/NIH/DHHS, Room 4874, Bethesda, MD 20892–4874, (301) 435– and Research Support Awards, National 2217, 6700B Rockledge Drive, MSC–7616, 0812, [email protected]. Institutes of Health, HHS) Bethesda, MD 20892–761, (301) 496–2550, (Catalogue of Federal Domestic Assistance Dated: December 9, 2011. [email protected]. Program Nos. 93.306, Comparative Medicine; Jennifer S. Spaeth, (Catalogue of Federal Domestic Assistance 93.333, Clinical Research; 93.371, Biomedical Director, Office of Federal Advisory Program Nos. 93.855, Allergy, Immunology, Technology; 93.389, Research Infrastructure, Committee Policy. and Transplantation Research; 93.856, 93.306, 93.333; 93.702, ARRA Related Microbiology and Infectious Diseases Construction Awards, National Institutes of [FR Doc. 2011–32188 Filed 12–14–11; 8:45 am] Research, National Institutes of Health, HHS) Health, HHS) BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Dated: December 9, 2011. Dated: December 6, 2011. HUMAN SERVICES Jennifer S. Spaeth, Eskinder Negash, Director, Office of Federal Advisory Director, Office of Refugee Resettlement. National Institutes of Health Committee Policy. [FR Doc. 2011–32168 Filed 12–14–11; 8:45 am] [FR Doc. 2011–32186 Filed 12–14–11; 8:45 am] BILLING CODE 4120–27–P National Institute on Alcohol Abuse and Alcoholism; Notice of Meeting BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND SECURITY Federal Advisory Committee Act, as HUMAN SERVICES amended (5 U.S.C. App.), notice is Federal Emergency Management hereby given of a meeting of the Office of Refugee Resettlement Agency National Advisory Council on Alcohol [Docket ID FEMA–2011–0025] Abuse and Alcoholism. Announcing the Award of a Single- The meeting will be open to the Source Grant to Support Services for Revised Analysis and Mapping public as indicated below, with Haitian Medical Evacuees to the Procedures for Non-Accredited Levees attendance limited to space available. Florida Department of Children and AGENCY: Individuals who plan to attend and Families in St. Petersburg, FL Federal Emergency need special assistance, such as sign Management Agency, DHS. language interpretation or other AGENCY: Office of Refugee Resettlement, ACTION: Notice. ACF, HHS. reasonable accommodations, should SUMMARY: The Federal Emergency notify the Contact Person listed below ACTION: Notice to award a single-source Management Agency (FEMA) is in advance of the meeting. grant to support medical evacuees from accepting comments on the proposed The meeting will be closed to the the Haiti earthquake of 2010. solution for Revised Analysis and public in accordance with the Mapping Procedures for Non-Accredited provisions set forth in sections CFDA Number: 93.576. Levees. This document proposes a revised procedure for the analysis and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Statutory Authority: This grant is mapping of non-accredited levees on as amended. The grant applications and authorized by the Supplemental FEMA’s Flood Insurance Rate Maps. the discussions could disclose Appropriations Act, 2010 (Pub. L. 111–212). confidential trade secrets or commercial FEMA seeks input on this policy in property such as patentable material, SUMMARY: Notice is hereby given that a terms of its feasibility, flexibility, and and personal information concerning single-source grant of $220,000 was collaborative nature. individuals associated with the grant awarded to Florida Department of DATES: Comments must be received by applications, the disclosure of which Children and Families, located in St. January 30, 2012. would constitute a clearly unwarranted Petersburg, FL, by the Administration ADDRESSES: Comments must be invasion of personal privacy. for Children and Families, Office of identified by docket ID FEMA–2011– Refugee Resettlement. Award funds will 0025 and may be submitted by one of Name of Committee: National Advisory the following methods: Council on Alcohol Abuse and Alcoholism; provide medical and supportive social Federal Rulemaking Portal: http:// Date: February 8–9, 2012. services to Haitian medical evacuees www.regulations.gov. Follow the Closed: February 8, 2012, 5 p.m. to 7:30 affected by the earthquake in 2010. instructions for submitting comments. p.m. The Haitian medical evacuees were Please note that this proposed policy is February 9, 2012, 8 a.m. to 9 a.m. brought to the United States (U.S.) in not a rulemaking and the Federal Agenda: To review and evaluate grant the aftermath of the earthquake in Haiti Rulemaking Portal is being utilized only applications. on January 12, 2010. This is a as a mechanism for receiving comments. Place: National Institutes of Health, 5635 population that arrived in the U.S. with Fisher Lane, Bethesda, MD 20892. Mail: Regulatory Affairs Division, significant medical issues and no Office of Chief Counsel, Federal Open: February 9, 201, 9 a.m. to 1:30 p.m. available system for ongoing medical Agenda: Presentations and other business Emergency Management Agency, Room and supportive social services. They 835, 500 C Street SW., Washington, DC of the council. had sustained a wide range of injuries, Place: National Institutes of Health, 5635 20472–3100. including burns, crush injuries, and National Flood Insurance Program Fishers Lane, Bethesda, MD 20892. head and spine injuries. During Fiscal Contact Person: Abraham P. Bautista, (NFIP) Levees Comment Web site: Year 2010, the refugees’ medical costs http://www.NFIP-levees.com. Follow the Ph.D., Executive Secretary, National Institute for their first 8 months in Florida totaled On Alcohol Abuse & Alcoholism National instructions for submitting comments $6.2 million. The single-source award Institutes of Health, 5635 Fishers Lane, Rm on the Web site. will provide urgently needed support to 2085, Rockville, MD 20852, (301) 443–9737, FOR FURTHER INFORMATION CONTACT: Bill [email protected]. this group, which are currently residing Blanton, Levee Analysis and Mapping in a tent complex in St. Petersburg, FL. (Catalogue of Federal Domestic Assistance Approach Public Review, 1800 South Program Nos. 93.271, Alcohol Research DATES: October 1, 2011–September 30, Bell Street, Room 601, Arlington, VA Career Development Awards for Scientists 2012. 20598–3015. Phone: (202) 646–3151. and Clinicians; 93.272, Alcohol National SUPPLEMENTARY INFORMATION: Research Service Awards for Research FOR FURTHER INFORMATION CONTACT: I. Public Participation Training; 93.273, Alcohol Research Programs; Kenneth Tota, Deputy Director, Office of 93.891, Alcohol Research Center Grants; Refugee Resettlement, 901 D Street SW., Instructions: All submissions received 93.701, ARRA Related Biomedical Research Washington, DC 20047. Telephone: must include the agency name and and Research Support Awards, National (202) 401–4858. Email: [email protected]. docket ID. Regardless of the method Institutes of Health, HHS) gov. used for submitting comments or

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material, all submissions will be posted, maintenance and operation standards Authority: 42 U.S.C. 4001, 44 CFR part 65. without change, to the Federal specifically for this purpose. Levees Sandra Knight, eRulemaking Portal at http:// meeting all aspects of 44 CFR 65.10 are Deputy Associate Administrator, Federal www.regulations.gov, and will include considered eligible to be accredited. Insurance and Mitigation, Federal Emergency any personal information you provide. Those that cannot meet all of these Management Agency. Therefore, submitting this information standards cannot be accredited. [FR Doc. 2011–32128 Filed 12–14–11; 8:45 am] makes it public. You may wish to read The current approach for analyzing BILLING CODE 9110–12–P the Privacy Act notice, which can be viewed by clicking on the ‘‘Privacy and mapping flood hazards associated Notice’’ link in the footer of http:// with non-accredited levees is a singular www.regulations.gov. approach where one technical DEPARTMENT OF THE INTERIOR You may submit your comments and procedure applies to all non-accredited material by the methods specified in the levees. The feedback on this one-size-all U.S. Fish and Wildlife Service, Interior approach is that it does not take the ADDRESSES section. Please submit your [FWS–R4–FHC–2011– comments and any supporting material unique conditions of each levee into N255;FVHC98130406900Y4–XXX– by only one means to avoid the receipt consideration. Many stakeholders also FF04G01000] and review of duplicate submissions. believe this approach does not Docket: The proposed solution adequately reflect the ability of these Deepwater Horizon Oil Spill; Draft document is available in docket ID levees to provide some level of flood Phase I Early Restoration Plan and FEMA–2011–0025. Additionally, the hazard reduction. Environmental Assessment document can be found at http:// FEMA is listening to this stakeholder AGENCY: www.fema.gov/plan/prevent/fhm/ Department of the Interior. feedback that this current approach lv_lamp.shtm. For access to the docket ACTION: Notice of availability; request used to map flood hazards associated to read background documents or for comments. comments received, go to the Federal with non-accredited levees is too coarse SUMMARY: In accordance with the Oil eRulemaking Portal at http:// to represent the variety of situations Pollution Act of 1990 (OPA), the www.regulations.gov and search for the associated with levees. In response, National Environmental Policy Act docket ID. Submitted comments may FEMA has worked to revise the (NEPA), and the Framework Agreement also be inspected at FEMA, Office of mapping procedures for non-accredited for Early Restoration Addressing Chief Counsel, Room 835, 500 C St. levees. This approach works within the Injuries Resulting from the Deepwater SW., Washington, DC, 20472. confines of existing federal regulations, yet is more flexible, collaborative and Horizon Oil Spill, the Federal and State II. Public Online Forum feasible. natural resource trustee agencies (Trustees) have prepared a Draft Early FEMA will hold three public online FEMA is replacing the former, forums to present the approach. The Restoration Plan and Environmental singular approach with a suite of Assessment (DERP/EA) describing and first public forum will be held on procedures that are technically sound, December 21, 2011 from 1:30 p.m. EST proposing a suite of early restoration understandable to stakeholders, and to 3 p.m. EST. The second online forum projects intended to commence the cost effective. This suite of procedures will be held on January 3, 2012, from process of restoring natural resources 1:30 p.m. EST to 3 p.m. EST. The third will better meet the needs of the public and services injured or lost as a result online forum will be held on January 10, and provide more precise results, while of the Deepwater Horizon oil spill, 2012 from 1:30 p.m. EST to 3 p.m. EST. at the same time recognizing that which occurred on or about April 20, All meetings will take place through an uncertainty will remain. While these 2010, in the Gulf of Mexico. The online webinar. If you are interested in procedures allow for more detailed purpose of this notice is to inform the participating in the online forum, please modeling and mapping of flood hazards public of the availability of the DERP/ email [email protected] to reserve a for non-accredited levee systems, the EA and to seek written comments on the slot for the forum and receive further risk of flooding in levee-impacted areas proposed restoration alternative instructions for logging in and remains. Therefore, levee system owners presented in the DERP/EA. participating. and communities still need to remain DATES: Comments Due Date: We will engaged in flood risk management and consider public comments received on III. Background communication activities. or before February 14, 2012. FEMA maps flood hazards on Flood Public Meetings: A series of public Insurance Rate Maps, a tool used to IV. Request for Comments meetings are scheduled to facilitate support the National Flood Insurance public review and comment on the FEMA welcomes your comments, Program. These maps identify areas that DERP/EA. Both written and verbal questions, and concerns regarding the are flood prone for a variety of reasons. public comments will be taken at the proposed approach’s technical clarity, One unique category of flood hazards is meetings. The meeting dates, times, and the areas behind levees. Levees can be potential local impact, and feasibility locations are listed below. Meeting recognized as providing protection on for community participation. FEMA also facilities and their addresses will be FEMA’s flood maps if they meet all welcomes any suggestions for published in local newspapers and will requirements of 44 CFR 65.10, the improvement to the proposed approach. be posted on the web at regulations that define the design, www.gulfspillrestoration.noaa.gov.

Date Time Location

Jan 11, 2012 ...... 6:00 pm Open House ...... Florida 7:00 pm Meeting/presentation/comment Jan 12, 2012 ...... 6:00 pm Open House ...... Florida 7:00 pm Meeting/presentation/comment

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Date Time Location

Jan 17, 2012 ...... 6:00 pm Open House ...... Mississippi 7:00 pm Meeting/presentation/comment Jan 18, 2012 ...... 6:00 pm Open House ...... Mississippi 7:00 pm Meeting/presentation/comment Jan 19, 2012 ...... 6:00 pm Open House ...... Mississippi 7:00 pm Meeting/presentation/comment Jan 23, 2012 ...... 6:00 pm Open House ...... Alabama 7:00 pm Meeting/presentation/comment Jan 24, 2012 ...... 6:00 pm Open House ...... Alabama 7:00 pm Meeting/presentation/comment Jan 26, 2012 ...... 6:00 pm Open House ...... Texas 7:00 pm Meeting/presentation/comment Jan 31, 2012 ...... 5:30 pm Open House ...... Louisiana 6:30 pm Meeting/presentation/comment Feb 1, 2012 ...... 5:30 pm Open House ...... Louisiana 6:30 pm Meeting/presentation/comment Feb 2, 2012 ...... 5:30 pm Open House ...... Louisiana 6:30 pm Meeting/presentation/comment Feb 7, 2012 ...... 6:00 pm Open House ...... Washington, 7:00 pm Meeting/presentation/comment D.C.

ADDRESSES: Obtaining Documents: You of the spill area in an attempt to • State of Alabama Department of may download the DERP/EA and the minimize impacts from spilled oil. Conservation and Natural Resources and framework agreement at http:// Affected resources include ecologically, Geological Survey of Alabama; www.gulfspillrestoration.noaa.gov or recreationally, and commercially • State of Florida Department of http://www.doi.gov/deepwaterhorizon. important species and their habitats in Environmental Protection and Fish and Alternatively, you may request a CD of the Gulf of Mexico and along the coastal Wildlife Conservation Commission; and the DERP/EA (see FOR FURTHER areas of Alabama, Florida, Louisiana, • Texas Parks and Wildlife INFORMATION CONTACT). You may also Mississippi, and Texas. Department, Texas General Land Office review hard copies of the DERP/EA at Federal and State trustees (listed and Texas Commission on any of the public repositories listed at below) are conducting the natural Environmental Quality. http:// resource damage assessment for the The U.S. Department of Defense www.gulfspillrestoration.noaa.gov. Deepwater Horizon oil spill under the (DOD) is a Trustee, but does not have Submitting Comments: You may submit Oil Pollution Act 1990 (OPA; 33 U.S.C. affected lands in this Draft Phase I Early comments on the DERP/EA by one of 2701 et seq.). Pursuant to OPA, federal Restoration Project. following methods: and state agencies and Indian tribes may Background • Via the Web: http:// act as trustees on behalf of the public to www.gulfspillrestoration.noaa.gov. assess natural resource injuries and On April 20, 2011, BP agreed to • For electronic submission of losses and to determine the damages provide up to $1 billion toward early comments containing attachments, required to compensate the public for restoration projects in the Gulf of email: [email protected]. Mexico to address injuries to natural • those injuries and losses. OPA further U.S. Mail: c/o U.S. Fish and instructs the designated trustees to resources caused by the Deepwater Wildlife Service, P.O. Box 200, develop and implement a plan for the Horizon oil spill. This early restoration Fairhope, AL 36533. restoration, rehabilitation, replacement, agreement, entitled ‘‘Framework for FOR FURTHER INFORMATION CONTACT: or acquisition of the equivalent of the Early Restoration Addressing Injuries Brian Spears at [email protected]. injured natural resources under their Resulting from the Deepwater Horizon SUPPLEMENTARY INFORMATION: trusteeship. The trustees have Oil Spill’’ (Framework Agreement), represents a preliminary step toward the Introduction developed this DERP/EA under the Framework Agreement. restoration of injured natural resources. On or about April 20, 2010, the The trustees are: The Framework Agreement is intended mobile offshore drilling unit Deepwater • to expedite the start of restoration in the Horizon, which was being used to drill U.S. Department of the Interior Gulf in advance of the completion of the a well for BP Exploration and (DOI), as represented by the National injury assessment process. The Production, Inc. (BP) in the Macondo Park Service, U.S Fish and Wildlife Framework Agreement provides a prospect (Mississippi Canyon 252— Service, and Bureau of Land mechanism through which the Trustees MC252), experienced a significant Management; and BP can work together ‘‘to • explosion, fire and subsequent sinking National Oceanic and Atmospheric commence implementation of early in the Gulf of Mexico, resulting in Administration (NOAA), on behalf of restoration projects that will provide discharges of oil and other substances the U.S Department of Commerce; meaningful benefits to accelerate from the rig and from the wellhead on • State of Louisiana Coastal restoration in the Gulf as quickly as the seabed. An estimated 4.9 million Protection and Restoration Authority, practicable’’ prior to the completion of barrels (210 million gallons) of oil were Oil Spill Coordinator’s Office, the natural resource damage assessment released from the well into the Gulf of Department of Environmental Quality, process or full resolution of the Mexico over a period of approximately Department of Wildlife and Fisheries Trustees’ natural resource damages three months. In addition, and Department of Natural Resources; claim. approximately 771,000 gallons of • State of Mississippi Department of The Trustees have actively solicited dispersants were applied to the waters Environmental Quality; public input on restoration project ideas

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through a variety of mechanisms, Proposed Action—Proposed Early regulations found at 15 CFR Part 990, including public meetings, electronic Restoration Projects and the Framework Agreement for communication, and creation of a The proposed projects are intended to Addressing Injuries Resulting from the Trustee-wide public Web site and provide services that will benefit Deepwater Horizon Oil Spill. database to share information and injured marshes, coastal dune habitats, Cynthia K. Dohner, receive public project submissions. The nearshore sediments, oysters, and DOI Authorized Official. Trustees are considering a broad array of human uses (on water recreation). Each [FR Doc. 2011–32185 Filed 12–14–11; 8:45 am] potential early restoration projects. of these projects provides benefits to Their key objective in pursuing early natural resources and their services BILLING CODE 4310–55–P restoration is to secure tangible recovery injured by the Deepwater Horizon oil of natural resources and natural spill. The proposed projects are: (1) DEPARTMENT OF THE INTERIOR resource services for the public’s benefit Lake Hermitage Marsh Creation, while the longer-term process of fully Louisiana; (2) Louisiana Oyster Cultch Bureau of Indian Affairs assessing injury and damages is still Project; (3) Mississippi Oyster Cultch underway. As the first step in this Restoration; (4) Mississippi Artificial Renewal of Agency Information accelerated process, the Trustees are Reef Habitat; (5) Marsh Island Collection for the Bureau of Indian first proposing eight projects as set forth (Portersville Bay, Alabama) Marsh Education Adult Education Program; in this Phase I Draft Early Restoration Creation; (6) Alabama Dune Restoration Request for Comments Plan/Environmental Assessment (DERP/ Cooperative Project; (7) Florida Boat EA) in accordance with OPA and NEPA. Ramp Enhancement Cooperative AGENCIES: Bureau of Indian Affairs, The projects proposed in this plan are Project; (8) Florida Dune Restoration. Interior. not intended to, and do not fully, ACTION: Notice of submission to OMB. address all injuries caused by the spill Next Step or provide the extent of restoration After the public comment period SUMMARY: In compliance with the needed to satisfy claims against BP. ends, we will analyze and address the Paperwork Reduction Act of 1995, the In keeping with the Framework comments. After close of the public Bureau of Indian Education (BIE) is Agreement, the DERP/EA includes an comment period, the Trustees will submitting to the Office of Management estimate of the gains anticipated to consider all input received before a and Budget (OMB) a request for renewal result from each project, referred to as Phase I Early Restoration Plan is for the collection of information for the ‘‘Natural Resource Damage Offsets’’ finalized. As described above, a series of Adult Education Program. The (NRD Offsets). These NRD Offsets were public meetings are scheduled to information collection is currently identified consistent with the terms of facilitate the public review and authorized by OMB Control Number the Framework Agreement. If these comment process. Upon completion of 1076–0120, which expires December 31, projects are approved, at the end of the the Phase I Early Restoration Plan, 2011. NRDA process, the Trustees would negotiations with BP will be completed DATES: Interested persons are invited to credit these NRD Offsets generated by and approved projects will proceed to submit comments on or before January these early restoration projects towards implementation, pending compliance 17, 2012. the total restoration credits required with all applicable state and federal ADDRESSES: You may submit comments based on the completed injury laws. on the information collection to the assessment. Further comprehensive Desk Officer for the Department of the Public Availability of Comments restoration will still be required to fully Interior at the Office of Management and compensate the public for natural Before including your address, phone Budget, by facsimile to (202) 395–5806 resource losses from the oil spill. number, email address, or other or you may send an email to: OIRA_ personal identifying information in your [email protected]. Please send a Overview of the Phase 1 DERP/EA comment, you should be aware that copy of your comments to Brandi Sweet, Draft Early Restoration Plan your entire comment including your Bureau of Indian Education, 1849 C Alternatives, Including Proposed personal identifying information, may Street NW., MS–4141, Washington, DC Alternative be publicly available at any time. While 20240, fax (202) 208–3312; email: The DERP/EA describes two early you can ask us in your comment to [email protected]. restoration alternatives: No Action— withhold your personal identifying FOR FURTHER INFORMATION CONTACT: Natural Recovery (required for information from public review, we Brandi Sweet, Bureau of Indian consideration by OPA) and Proposed cannot guarantee that we will be able to Education, at (202) 208–5504. You may Action—Proposed Early Restoration do so. review the ICR online at http://www. Projects. Under the No Action Administrative Record reginfo.gov. Follow the instructions to alternative, the trustees would not The documents comprising the review Department of the Interior implement early restoration projects as Administrative Record can be viewed collections under review by OMB. described in this DERP/EA. Rather, the electronically at the following location: SUPPLEMENTARY INFORMATION: trustees would rely, for the time being, http://www.doi.gov/deepwaterhorizon. solely on natural recovery processes to I. Abstract restore natural resources to their pre- Author The Bureau of Indian Education (BIE) spill conditions and would undertake The primary author of this notice is is seeking renewal of the approval for no early actions to accelerate recovery Nanciann Regalado. the information collection conducted or to help address interim resource under 25 CFR part 46 to manage losses. Authority program resources and for fiscal Under the Proposed Action, the The authority of this action is the Oil accountability and appropriate direct Trustees are considering eight projects Pollution Act of 1990 (33 U.S.C. 2701 et services documentation. Approval for that meet the selection criteria as seq.), the implementing Natural this collection expires on December 31, described in the DERP/EA. Resource Damage Assessment 2011. This information includes an

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annual report form. Minor changes were helps manage the resources available to Washington, DC 20240; email: made to the form and instructions to provide education opportunities for [email protected]. provide respondents clear and concise adult Indians and Alaska Natives to FOR FURTHER INFORMATION CONTACT: instructions consistent with the annual complete high school graduation report form. No changes are being made requirements and gain new skills and Brandi Sweet, Program Analyst, (202) to the approved burden hours for this knowledge for self-enhancement. 208–5504. information collection. BIE published a Type of Review: Extension without SUPPLEMENTARY INFORMATION: 60-day notice in the Federal Register on change of a currently approved I. Abstract August 23, 2011. (76 FR 52687). No collection. comments were received in response to Respondents: Individuals (Tribal These collections help support the that notice. Adult Education Program educational efforts for American Indian II. Request for Comments Administrators). and Alaska Native students from Number of Respondents: 70 per year, elementary through post-secondary The BIE requests that you send your on average. levels. The collections help fulfill the comments on this collection to the Total Number of Responses: 70 per trust responsibility of the Secretary of location listed in the ADDRESSES section. year, on average. the Department of the Interior and the Your comments should address: (a) The Estimated Time per Response: 4 Assistant Secretary—Indian Affairs, as necessity of the information collection hours. delegated under 25 U.S.C. 2 and 9, and for the proper performance of the Estimated Total Annual Cost Burden 209 DM 8. agencies, including whether the to Repondents: $200. information will have practical utility; Application for Admission to Haskell & Estimated Total Annual Burden SIPI (b) the accuracy of our estimate of the Hours: 280. burden (hours and cost) of the collection The BIE is requesting renewal of OMB of information, including the validity of Dated: December 9, 2011. Alvin Foster, approval for the admission forms for the methodology and assumptions used; Haskell and SIPI. These admission Assistant Director for Information Resources. (c) ways we could enhance the quality, forms are used in determining program utility and clarity of the information to [FR Doc. 2011–32155 Filed 12–14–11; 8:45 am] eligibility of American Indian and be collected; and (d) ways we could BILLING CODE 4310–4J–P Alaska Native students for educational minimize the burden of the collection of services. These forms are utilized the information on the respondents, pursuant to the Blood Quantum Act, DEPARTMENT OF THE INTERIOR such as through the use of automated Public Law 99–228; the Snyder Act, collection techniques or other forms of Bureau of Indian Affairs Chapter 115, Public Law 67–85; and, the information technology. Indian Appropriations of the 48th Please note that an agency may not Renewal of Agency Information Congress, Chapter 180, page 91, For sponsor or conduct, and an individual Collection for the Bureau of Indian Support of Schools, July 4, 1884. need not respond to, a collection of Education Information Collection information unless it has a valid OMB Student Transportation Form Activities; Request for Comments Control Number. Approval for this The BIE is requesting renewal of OMB collection expires December 31, 2011. AGENCY: Bureau of Indian Affairs, approval for the Student Transportation Response to the information collection Interior. Form. The Student Transportation is required to obtain a benefit. ACTION: Notice of request for comments. It is our policy to make all comments regulations in 25 CFR part 39, subpart available to the public for review at the G, contain the program eligibility and SUMMARY: In compliance with the criteria that govern the allocation of location listed in the ADDRESSES section Paperwork Reduction Act of 1995, the transportation funds. Information during the hours of 9 a.m.—5 p.m., Bureau of Indian Education (BIE) is Eastern Time, Monday through Friday collected from the schools will be used seeking comments on renewal of Office to determine the rate per mile. The except for legal holidays. Before of Management and Budget (OMB) including your address, phone number, information collection provides approval for the collection of transportation mileage for Bureau- email address or other personally information for the Application for identifiable information, be advised that funded schools, which determines the Admission to Haskell Indian Nations allocation of transportation funds. your entire comment—including your University (Haskell) and to personally identifiable information— Southwestern Indian Polytechnic Data Elements for Student Enrollment may be made public at any time. While Institute (SIPI), authorized by OMB in Bureau-funded Schools you may request that we withhold your Control Number 1076–0114, the Student personally identifiable information, we The BIE is requesting renewal of OMB Transportation Form, authorized by approval for the Student Enrollment cannot guarantee that we will be able to OMB Control Number 1076–0134, and do so. Application in Bureau-funded Schools. the Data Elements for Student School registrars collect information on III. Data Enrollment in Bureau-funded Schools, this form to determine the student’s authorized by OMB Control Number eligibility for enrollment in a Bureau- OMB Control Number: 1076–0120. 1076–0122. These information Title: Bureau of Indian Affairs Adult funded school, and if eligible, is shared collections expire March 30, 2012. Education Program Annual Report with appropriate school officials to Form. DATES: Submit comments on or before identify the student’s base and Brief Description of Collection: February 13, 2012. supplemental educational and/or Submission of this information allows ADDRESSES: You may submit comments residential program needs. The BIE BIE to manage program resources, for on the information collection to Brandi compiles the information into a national fiscal accountability and appropriate Sweet, Program Analyst, U.S. database to facilitate budget requests direct services documentation, and to Department of the Interior, Bureau of and the allocation of congressionally prioritize programs. The information Indian Education, 1849 C Street NW., appropriated funds.

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II. Request for Comments Estimated Total Annual Cost Burden: DEPARTMENT OF THE INTERIOR The BIE requests your comments on $10,000 is the estimated total annual Bureau of Land Management this collection concerning: (a) The cost burden. We estimate 1,000 Haskell necessity of this information collection applications at a $10 filing fee charge [LLOR957000–L63100000–HD0000: HAG12– for the proper performance of the per application. The fee for SIPI is 0049] functions of the agency, including included in tuition costs and therefore, is not included in this estimate, whether the information will have Filing of Plats of Survey: Oregon/ reducing the previous estimated annual practical utility; (b) The accuracy of the Washington cost burden from $16,500 to $10,000. agency’s estimate of the burden (hours AGENCY: Bureau of Land Management, * * * * * and cost) of the collection of Interior. information, including the validity of OMB Control Number: 1076–0134. Title: Student Transportation Form. ACTION: Notice. the methodology and assumptions used; Brief Description of Collection: This (c) Ways we could enhance the quality, SUMMARY: The plats of survey of the annual collection provides pertinent following described lands are scheduled utility, and clarity of the information to data concerning the school’s bus be collected; and (d) Ways we could transportation mileage and related long to be officially filed in the Bureau of minimize the burden of the collection of distance travel mileage to determine Land Management Oregon/Washington the information on the respondents, funding levels for school transportation. State Office, Portland, Oregon, 30 days such as through the use of automated This information is collected on the from the date of this publication. collection techniques or other forms of Indian School Equalization Program Willamette Meridian information technology. (ISEP) Student Transportation form. Oregon Please note that an agency may not Type of Review: Extension without conduct or sponsor, and an individual change of a currently approved T. 23 S., R. 5 W., accepted November 16, need not respond to, a collection of collection. 2011. information unless it has a valid OMB Respondents: Contract and Grant T. 31 S., R. 9 W., accepted November 16, 2011. Control Number. schools; Bureau-operated schools. It is our policy to make all comments T. 18 S., R. 1 E., accepted November 16, Number of Respondents: 121 per year, 2011. available to the public for review at the on average. T. 11 S., R. 3 E., accepted December 1, 2011. location listed in the ADDRESSES section. Total Number of Responses: 121 per T. 11 S., R. 2 E., accepted December 1, 2011. Before including your address, phone year, on average. T. 19 S., R. 7 W., accepted December 1, 2011. number, email address or other Frequency of Response: Once per T. 18 S., R. 8 W., accepted December 1, 2011. personally identifiable information, be year. T. 2 S., R. 6 E., accepted December 1, 2011. advised that your entire comment— Estimated Time per Response: 6 T. 26 S., R. 7 W., accepted December 1, 2011. including your personally identifiable hours. T. 18 S., R. 6 W., accepted December 1, 2011. information—may be made public at Estimated Total Annual Burden: 726 T. 7 S., R. 7 W., accepted December 1, 2011. any time. While you may request that hours. T. 19 S., R. 7 W., accepted December 1, 2011. we withhold your personally * * * * * Washington identifiable information, we cannot OMB Control Number: 1076–0122. T. 2 N., R. 1 E., accepted December 5, 2011. guarantee that we will be able to do so. Title: Data Elements for Student Enrollment in Bureau-funded Schools. ADDRESSES: A copy of the plats may be III. Data Brief Description of Collection: This obtained from the Land Office at the OMB Control Number: 1076–0114. annual collection provides Bureau- Bureau of Land Management, Oregon/ Title: Application for Admission to funded schools with data about students Washington State Office, 333 SW. 1st Haskell Indian Nations University and that impacts placement, special needs Avenue, Portland, Oregon 97204, upon to Southwestern Indian Polytechnic assessments, and funding for required payment. A person or party Institute. individuals and assists schools in who wishes to protest against a survey Brief Description of Collection: developing a plan for the school year. must file a notice that they wish to Submission of these eligibility The information is collected on a protest (at the above address) with the applications forms are mandatory in Student Enrollment Application form. Oregon/Washington State Director, determining a student’s eligibility for Type of Review: Extension without Bureau of Land Management, Portland, educational services. The information is change of a currently approved Oregon. collected on one two forms: Application collection. FOR FURTHER INFORMATION CONTACT: Kyle for Admission to Haskell form and SIPI Respondents: Contract and Grant Hensley, (503) 808–6124, Branch of form. schools; Bureau-operated schools. Geographic Sciences, Bureau of Land Type of Review: Extension without Number of Respondents: 48,000 per Management, 333 SW. 1st Avenue, change of a currently approved year, on average. Portland, Oregon 97204. Persons who collection. Total Number of Responses: 48,000 use a telecommunications device for the Respondents: Students. per year, on average. deaf (TDD) may call the Federal Frequency of Response: Once per Number of Respondents: 4,000 per Information Relay Service (FIRS) at 1– year. (800)–877–8339 to contact the above year, on average. Estimated Time per Response: 15 Total Number of Responses: 4,000 per individual during normal business minutes. hours. The FIRS is available 24 hours a year, on average. Estimated Total Annual Burden: day, 7 days a week, to leave a message Frequency of Response: Once per year 12,000 total burden hours. for Haskell; each trimester for SIPI. or question with the above individual. Estimated Time per Response: 30 Dated: December 9, 2011. You will receive a reply during normal minutes per Haskell application; 30 Alvin Foster, business hours. minutes per SIPI application. Assistant Director for Information Resources. SUPPLEMENTARY INFORMATION: Before Estimated Total Annual Hour Burden: [FR Doc. 2011–32154 Filed 12–14–11; 8:45 am] including your address, phone number, 2,000 hours. BILLING CODE 4310–6W–P email address, or other personal

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identifying information in your California, in Riverside County, compatibility of solar generation and comment, you should be aware that California. The major generation transmission on public lands requires your entire comment—including your equipment that makes up the that all sites associated with power personal identifying information—may concentrating solar thermal electrical generation or transmission not already be made publicly available at any time. generation plant includes: A central identified in the Plan be considered While you can ask us in your comment receiver tower, sun tracking heliostat through the BLM’s land use plan to withhold your personal identifying field, and an integrated thermal storage amendment process. As a result, prior to information from public review, we system using molten salt as the heat approval of the ROW grant to the RSEP, cannot guarantee that we will be able to transfer and storage medium. the BLM must amend the CDCA Plan to do so. With these components, a large field allow the substation as proposed by of mirrors or heliostats concentrates and Western and a transmission corridor Mary J.M. Hartel, focuses the sun’s energy onto a central leading from the site onto BLM land. Chief, Cadastral Surveyor of Oregon/ receiver. The project uses thermal The approved Amendment to the CDCA Washington. energy storage that allows solar energy Plan specifically revises the CDCA Plan [FR Doc. 2011–32180 Filed 12–14–11; 8:45 am] to be captured throughout the day and to allow for the development of the BILLING CODE 4310–33–P retained in a molten salt heat transfer RSEP gen-tie line and ancillary facilities fluid. When electricity is generated, hot on land managed by the BLM. liquid salt is routed to heat exchangers The BLM preferred alternative would DEPARTMENT OF THE INTERIOR to heat water and produce steam. The result in the construction of a gen-tie steam is used to generate electricity in Bureau of Land Management line, access road and substation to a conventional steam turbine cycle. support the Rice Solar Energy Project, [CACA 51022, LLCAD06000 L51010000 Rice Solar Energy submitted a right- capable of producing 150MW of ER0000 LVRWB10B3780] of-way (ROW) application to the BLM in electricity. This alternative was association with the private land solar Notice of Availability of the Record of evaluated in the Final Environmental energy project. This ROW application Impact Statement (EIS). The Notice of Decision for the Rice Solar Energy, was filed to lease approximately 150 LLC, Rice Solar Energy Project (RSEP) Availability of the Final EIS for the acres of BLM-administered land needed RSEP and the proposed CDCA Plan and California Desert Conservation to construct and operate a 161/230 kV Area Plan Amendment, California amendment was published in the electrical transmission line (also called Federal Register on June 10, 2011 (76 AGENCY: Bureau of Land Management, a generator tie-line, or ‘‘gen-tie’’) and an FR 34073). Subsequently, a 30-day Interior. associated access road. A ROW protest period for the proposed application was also filed by the ACTION: Notice of availability. amendment to the CDCA Plan was Western Area Power Administration initiated (76 FR 47608, Aug. 5, 2011). At SUMMARY: The Bureau of Land (Western) to lease approximately 4 acres the close of the 30-day period on Management (BLM) announces the of BLM-administered land needed for a September 6, 2011, one written protest availability of the Record of Decision new substation that would be owned was received and dismissed, and did (ROD)/Approved Amendment to the and operated by Western in support of not result in changing the decision. This California Desert Conservation Area the RSEP. protest dismissal is summarized in the Under these ROW grants RSEP would (CDCA) Plan, the applicable Resource Director’s Protest Resolution Report be allowed the right to use, occupy and Management Plan (RMP) for the project attached to the ROD. Along with the develop a 161/230kV gen-tie line and site and the surrounding areas, located protest period, the Governor of associated access road, which would in the California Desert District. The California conducted a 60-day exit the Rice Solar Energy Project, and Secretary of the Interior approved the consistency review of the proposed ROD on December 8, 2011, which travel southeast in an undeveloped area of the Sonoran Desert in eastern CDCA Plan amendment to identify any constitutes the final decision of the inconsistencies with State or local plan, Department. Riverside County, California where it would then interconnect to Western’s policies or programs; no inconsistencies ADDRESSES: Copies of the ROD/ Parker-Blythe #2 161–kV transmission were identified. Because this decision is approved by Approved Amendment to the CDCA line at the substation proposed by the Secretary of the Interior, it is not Plan are available upon request from the Western. The gen-tie line and access subject to administrative appeal (43 CFR Field Manager, Palm Springs-South road as proposed would traverse 8.27 Coast Field Office, Bureau of Land mile in a 150 foot width right-of-way 4.410(a)(3)). Management, 1201 Bird Center Drive, corridor occupying 150 acres of land Authority: 40 CFR 1506.6. Palm Springs, California, 92262, or via administered by the BLM. Neil Kornze, the Internet at the following Web site: The substation as proposed by http://www.blm.gov/ca/st/en/fo/ Acting Deputy Director, Bureau of Land Western would be 300 feet wide by 400 Management. palmsprings.html. feet long, causing approximately 4 acres FOR FURTHER INFORMATION CONTACT: of permanent disturbance on BLM [FR Doc. 2011–32181 Filed 12–14–11; 8:45 am] Allison Shaffer, BLM Project Manager; lands. Associated infrastructure in the BILLING CODE 6450–01–P telephone (760) 833–7100; through mail ROW grant would occupy at the address above; or email Allison_ approximately 154 acres of public land DEPARTMENT OF THE INTERIOR [email protected]. administered by the BLM. This project SUPPLEMENTARY INFORMATION: Rice Solar site is in the California Desert District National Park Service Energy, LLC, a subsidiary of within the planning boundary of the SolarReserve, LLC plans to construct a California Desert Conservation (CDCA) [9919–726–252Z] 150 megawatt (MW) solar concentrating Plan, which is the applicable Resource Description of Boundary Addition, thermal project on 1,410 acres of a 2,560 Management Plan (RMP) for the project Noatak National Preserve acre parcel of private land. The site is site and surrounding areas. The CDCA located 40 miles northwest of Blythe, Plan, while recognizing the potential AGENCY: National Park Service, Interior.

VerDate Mar<15>2010 16:49 Dec 14, 2011 Jkt 226001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\15DEN1.SGM 15DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 78022 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices

ACTION: Notice of boundary addition Sec. 11, W1⁄2, excluding lands within Gates published in the Federal Register at 57 description. of the Arctic National Park; FR 45186–88 and 45190–94 September Sec. 14, NW1⁄4, excluding lands within 30, 1992, are herein updated by the SUMMARY: This notice sets out the legal Gates of the Arctic National Park; addition of the lands and waters description of the Noatak National Sec. 15, N1⁄2; 1 described in ‘‘Gates of the Arctic Preserve and Wilderness Addition. Sec. 16, NE ⁄4. T. 31 N., R. 14 E. (unsurveyed), National Park and Preserve, Alaska; FOR FURTHER INFORMATION CONTACT: Secs. 19 and 20; Addition of Kurupa Lake and Adjoining National Park Service, Chief, Land Secs. 29 to 32, inclusive. Lands to the Park’’, published in 45 FR Resources Program Center, Alaska 35041, August 12,1982, and as corrected Region, 240 W. 5th Avenue, Anchorage, DATES: The effective date of this under ‘‘National Park Service, Gates of Alaska 99501, (907) 644–3426. boundary revision is November 12, the Arctic National Park and Preserve, 1996. Alaska; Addition of Kurupa Lake and ADDRESSES: The map of the Noatak Adjoining Lands to the Park’’, 47 FR National Preserve and Noatak Dated: November 15, 2011. 42181, September 24, 1982, with the Wilderness is available for viewing at Sue E. Masica, additional lands being a part of the the National Park Service offices in Regional Director, Alaska Region. Gates of the Arctic National Park. The Anchorage at 240 West 5th Avenue, [FR Doc. 2011–32135 Filed 12–14–11; 8:45 am] boundary change that resulted from the Anchorage, Alaska 99501, and in BILLING CODE 4312–HN–P ‘‘Addition of Kurupa Lake and Kotzebue at 171 Third Avenue, Adjoining Lands to the Park’’ was not Kotzebue, Alaska 99752. DEPARTMENT OF THE INTERIOR included in the legal description SUPPLEMENTARY INFORMATION: Noatak published in the Federal Register on National Preserve and Wilderness were National Park Service September 30, 1992, because that legal established on December 2, 1980 by the description was required by Section Alaska National Interest Lands [9919–726–252Z] 103(b) of the Alaska National Interest Conservation Act. The boundaries of the Lands Conservation Act (Pub. L. 96– Revised Descriptions of Park, Preserve Park, Preserve and Wilderness were 487, 94 Stat. 2371), to describe solely and Wilderness Boundaries, Gates of published in the Federal Register on the changes in land management status the Arctic National Park and Preserve September 30, 1992. This notice sets out effected by that Act. The ‘‘Addition of the description of a 17,168 acre addition AGENCY: National Park Service, Interior. Kurupa Lake and Adjoining Lands to to Noatak National Preserve and ACTION: Notice of Revised Boundary the Park’’ occurred after passage of that Wilderness: The Addition was Descriptions. Act. established by Section 302 of the (2) The external boundaries of Gates Omnibus Parks and Public Lands SUMMARY: This notice sets out the of the Arctic Wilderness, Unit Numbers Management Act of 1996 (Pub. L. 104– revised legal descriptions of the 1 and 3, were amended by Section 302 333, 110 Stat. 4093). The following legal boundaries of an expanded Gates of the of the Omnibus Parks and Public Lands description is to be included and made Arctic National Park and a revised Gates Management Act of 1996 (Pub. L. 104– part of the descriptions of the of the Arctic Wilderness. For the sake of 333, 110 Stat. 4093). The amended boundaries for Noatak National Preserve completeness this notice also sets out wilderness boundaries are depicted on a and Noatak Wilderness as published in the unrevised description of the map titled ‘‘Wilderness Actions’’, map the Federal Register/Vol. 57, No. 190/ boundary of an unchanged Gates of the number 185/80,040, dated April 1994, Wednesday, September 30, 1992/pages Arctic National Preserve. available at the National Park Service 45221 to 45224. The land is depicted on FOR FURTHER INFORMATION CONTACT: offices in Anchorage and Fairbanks, a map titled ‘‘Noatak National Preserve National Park Service, Chief, Land Alaska. The remainder of this notice is and Noatak Wilderness Addition’’, map Resources Program Center, Alaska organized into the following sections: number 189/80,041, dated September Region, 240 W. 5th Avenue, Anchorage, I. Units within Gates of the Arctic 1994, which is available at the National Alaska 99501, (907) 644–3426. Park Service offices in Anchorage and National Park and Preserve. ADDRESSES: The map of the Gates of the Kotzebue, Alaska. II. Units of the National Wilderness Arctic National Park and Wilderness is Preservation System within Gates of the Noatak National Preserve and available for viewing at the National Arctic National Park. Wilderness Addition Park Service offices in Anchorage at 240 In the following legal descriptions the ∧ Kateel River Meridian, Alaska West 5th Avenue, Anchorage, Alaska symbol identifies the paragraphs 99501, and in Fairbanks at 4175 Geist affected by the revised park boundary T. 31 N., R. 13 E. (unsurveyed), Road, Fairbanks, Alaska 99709. Secs. 4 and 5; descriptions. 1 1 1 1 1 1 SUPPLEMENTARY INFORMATION: Sec. 6, E ⁄2E ⁄2 E ⁄2E ⁄2W ⁄2NE ⁄4 and I. Units Within Gates of the Arctic 1 1 1 1 Gates of the Arctic National Park and NE ⁄4NE ⁄4NW ⁄4SE ⁄4; National Park and Preserve Secs. 8 to 11, inclusive; Preserve and Wilderness were Secs. 13 to 16, inclusive; established on December 2, 1980 by the Gates of the Arctic National Park 1 1 Sec. 17, N ⁄2 and SE ⁄4; Alaska National Interest Lands The complete revised description of Secs. 23, 24 and 25. Conservation Act. The boundaries of the the external boundary for Gates of the T. 32 N., R. 13 E. (unsurveyed), Park, Preserve and Wilderness were Arctic National Park, incorporating the Sec. 31, excluding lands within National published in the Federal Register on Petroleum Reserve of Alaska; addition of Kurupa Lake and adjoining 1 1 1 September 30, 1992. lands, described in its entirety, is as Sec. 32, W ⁄2E ⁄2 and W ⁄2. This notice publishes two sets of T. 30 N., R. 14 E. (unsurveyed), follows: boundary changes: Sec. 3, SW1⁄4SW1⁄4; Secs. 4 and 5; (1) The external boundaries of Gates (1) Unit Number 1 Sec. 6, NE1⁄4NE1⁄4; of the Arctic National Park, Unit Beginning at the corner of sections 19, 24, Sec. 8, N1⁄2NE1⁄4; Number 1, and Gates of the Arctic 25 and 30, T. 20 N., Rs. 18 and 19 E., Kateel Secs. 9 and 10; Wilderness, Unit Number 1, as River Meridian;

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Thence easterly, between sections 19 and the corner of sections 3, 4, 33 and 34, Tps. 36, T. 27 N., Rs. 13 and 14 W., Fairbanks 30, 20 and 29, 21 and 28, 22 and 27, along 30 and 31 N., R. 24 W., Fairbanks Meridian; Meridian; a common boundary with Gates of the Arctic Thence westerly, between Tps. 30 and 31 Thence northerly, between Rs. 13 and 14 National Preserve (Unit Number 1), to the N., to the west corner of Tps. 30 and 31 N., W., to the corner of sections 19, 24, 25 and summit of a ridge located in sections 22 and R. 24 W., on the boundary of the Fairbanks 30, T. 27 N., Rs. 13 and 14 W., Fairbanks 27, T. 20 N., R. 19 E., Kateel River Meridian, Meridian; Meridian; approximate elevation 4,000 feet; Thence northerly, between Fairbanks and Thence easterly, between sections 19 and Thence southeasterly, northeasterly, Kateel River Meridians, to the west corner of 30, to the corner of sections 19, 20, 29 and easterly and southeasterly, along the crest of Tps. 31 and 32 N., R. 24 W., Fairbanks 30, T. 27 N., R. 13 W., Fairbanks Meridian; a ridge, to a high point on the ridge located Meridian; Thence on an approximate forward bearing in the westerly portion of section 5, T. 19 N., Thence easterly, between Tps. 31 and 32 of N. 30° E., to the summit of a low point on R. 20 E., Kateel River Meridian, approximate N., to the corner of Tps. 31 and 32 N., Rs. Twelvemile Mountain located in the elevation 2,900 feet; 18 and 19 W., Fairbanks Meridian; southwest portion of section 20, T. 27 N., R. Thence on an approximate forward bearing Thence northerly, between Rs. 18 and 19 13 W., Fairbanks Meridian, approximate of S. 14° E., to the summit of a mountain W., to the north corner of T. 32 N., Rs. 18 elevation 2,200 feet; located in section 17, T. 19 N., R. 20 E., and 19 W., Fairbanks Meridian; Thence on an approximate forward bearing Kateel River Meridian, approximate elevation Thence easterly, along the Eighth Standard of N. 9° E., to a summit of Twelvemile 2,577 feet; Parallel North, to the north corner of T. 32 Mountain located in the westerly portion of Thence on an approximate forward bearing N., Rs. 17 and 18 W., Fairbanks Meridian; section 20, T. 27 N., R. 13 W., Fairbanks of S. 14° E., to the corner of sections 20, 21, Thence southerly, between Rs. 17 and 18 Meridian, approximate elevation 2,950 feet; 28 and 29, T. 19 N., R. 20 E., Kateel River W., to the corner of Tps. 31 and 32 N., Rs. Thence on an approximate forward bearing Meridian; 17 and 18 W., Fairbanks Meridian; of N. 3° E., to a summit of Twelvemile Thence on an approximate forward bearing Thence easterly, between Tps. 31 and 32 Mountain located in the northwesterly of east to a point on the left bank of the N., to the corner of Tps. 31 and 32 N., Rs. portion of section 20, T. 27 N., R. 13 W., Kobuk River at the center of the confluence 16 and 17 W., Fairbanks Meridian; Fairbanks Meridian, approximate elevation of the outlet stream from Walker Lake with Thence southerly, between Rs. 16 and 17 3,100 feet; the Kobuk River, in section 19, T. 19 N., R. W., to the corner of Tps. 29 and 30 N., Rs. Thence on an approximate forward bearing 21 E., Kateel River Meridian; 16 and 17 W., Fairbanks Meridian; of N. 60° E., to the summit of Twelvemile Thence northeasterly, along the left bank of Thence easterly, between Tps. 29 and 30 Mountain located in the northerly portion of the Kobuk River and Kichaiakaka Creek, to a N., to the corner of Tps. 29 and 30 N., Rs. section 20, T. 27 N., R. 13 W., Fairbanks point between sections 1 and 36, Tps. 19 and 15 and 16 W., Fairbanks Meridian; Meridian, approximate elevation 3,180 feet; Thence southerly, between Rs. 15 and 16 20 N., R. 22 E., Kateel River Meridian; Thence on an approximate forward bearing W., to the south corner of T. 29 N., Rs. 15 Thence easterly, between Tps. 19 and 20 of N. 36° E., to a summit of Twelvemile and 16 W., Fairbanks Meridian; N., to the corner of Tps. 19 and 20 N., Rs. Mountain located in the southeasterly Thence westerly, along the Seventh 22 and 23 E., Kateel River Meridian; portion of section 17, T. 27 N., R. 13 W., Standard Parallel North, to the north corner Fairbanks Meridian, approximate elevation Thence easterly, departing from the of T. 28 N., Rs. 16 and 17 W., Fairbanks 3,100 feet; common boundary with Gates of the Arctic Meridian; National Preserve (Unit Number 1), between Thence on an approximate forward bearing Thence southerly, between Rs. 16 and 17 ° Tps. 19 and 20 N., to the corner of sections W., to the meander corner of sections 31 and of N. 6 E., to the summit of a low point on 3, 4, 33 and 34, Tps. 19 and 20 N., R. 23 E., 36 at the line of mean high water on the right Twelvemile Mountain located in the easterly Kateel River Meridian; bank of the most northerly interconnecting portion of section 17, T. 27 N., R. 13 W., Thence northerly, between sections 33 and waterway of the Koyukuk River, T. 26 N., Rs. Fairbanks Meridian, approximate elevation 34, 27 and 28, 21 and 22, 15 and 16, 9 and 16 and 17 W., Fairbanks Meridian; 2,600 feet; 10, 3 and 4, to the north corner of sections Thence on an approximate forward bearing Thence northeasterly, along the line of ° 3 and 4, T. 20 N., R. 23 E., Kateel River mean high water on the right bank of the of N. 48 W., to the center-north 1/16 section Meridian; most northerly interconnecting waterways of corner of section 17, T. 27 N., R. 13 W., Thence easterly, along the Fifth Standard the Middle Fork of the Koyukuk River, Fairbanks Meridian; Parallel North, to the south corner of T. 21 closing the mouth of the North Fork Koyukuk Thence northerly, on the north and south N., Rs. 23 and 24 E., Kateel River Meridian; River, to the meander corner of sections 13 centerline of section 17, to the 1⁄4 section Thence northerly, between Rs. 23 and 24 and 14, T. 26 N., R. 14 W., Fairbanks corner of sections 8 and 17, T. 27 N., R. 13 E., to the corner of Tps. 21 and 22 N., Rs. 23 Meridian; W., Fairbanks Meridian; and 24 E., Kateel River Meridian; Thence northerly, between sections 13 and Thence westerly, between sections 8 and Thence easterly, between Tps. 21 and 22 14, to the north 1/16 section corner of 17, 7 and 18, 12 and 13, to the corner of N., to the corner of sections 3, 4, 33 and 34, sections 13 and 14, T. 26 N., R. 14 W., sections 11, 12, 13 and 14, T. 27 N., R. 14 Tps. 21 and 22 N., R. 25 E., Kateel River Fairbanks Meridian; W., Fairbanks Meridian; Meridian; Thence easterly, along the east and west Thence northerly, between sections 11 and Thence northerly, between sections 33 and centerline of the northwest 1/4 of section 13, 12, to the 1/4 section corner of sections 11 34, 27 and 28, 21 and 22, 15 and 16, 9 and to the northwest 1/16 section corner of and 12, T. 27 N., R. 14 W., Fairbanks 10, 3 and 4, to the corner of sections 3, 4, 33 section 13, T. 26 N., R. 14 W., Fairbanks Meridian; and 34, Tps. 22 and 23 N., R. 25 E., Kateel Meridian; Thence on an approximate forward bearing River Meridian; Thence northerly, along the north and of N. 25° W., to the summit of a mountain Thence easterly, between Tps. 22 and 23 south centerlines of the northwest 1/4 of located in the southerly portion of section 2, N., to the east corner of Tps. 22 and 23 N., section 13, and the southwest 1/4 of section T. 27 N., R. 14 W., Fairbanks Meridian, R. 26 E., on the boundary of the Kateel River 12, to the center-west 1/16 section corner of approximate elevation 3,125 feet; Meridian; section 12, T. 26 N., R. 14 W., Fairbanks Thence northerly and northeasterly, along Thence southerly, between Kateel River Meridian; the crest of a ridge between the drainages of and Fairbanks Meridians, to the west corner Thence easterly, on the east and west the North and Middle Forks of the Koyukuk of sections 18 and 19, T. 29 N., R. 24 W., centerline of section 12, to the center 1/4 River, to the summit of a mountain located Fairbanks Meridian; section corner of section 12, T. 26 N., R. 14 in section 8, T. 30 N., R. 12 W., Fairbanks Thence easterly, between sections 18 and W., Fairbanks Meridian; Meridian, approximate elevation 3,150 feet; 19, 17 and 20, 16 and 21, to the corner of Thence northerly, along the north and Thence on an approximate forward bearing sections 15, 16, 21 and 22, T. 29 N., R. 24 south centerlines of sections 12, 1 and 36, to of N. 27° E., to the 1/4 section corner of W., Fairbanks Meridian; the 1/4 section corner of sections 25 and 36, sections 5 and 8, T. 30 N., R. 12 W., Thence northerly, between sections 15 and T. 27 N., R. 14 W., Fairbanks Meridian; Fairbanks Meridian; 16, 9 and 10, 3 and 4, 33 and 34, 27 and 28, Thence easterly, between sections 25 and Thence northerly, on the north and south 21 and 22, 15 and 16, 9 and 10, 3 and 4, to 36, to the corner of sections 25, 30, 31 and centerlines of sections 5 and 32, to the center

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1/4 section corner of section 32, T. 31 N., R. center of section 31, T. 15 S., R. 10 E., Umiat Thence westerly, between sections 13 and 12 W., Fairbanks Meridian; Meridian, approximate elevation 6,000 feet; 24, 14 and 23, 15 and 22, 16 and 21, 17 and Thence on an approximate forward bearing Thence southwesterly, along the 20, 18 and 19, to the corner of sections 13, of N. 16° E., to the summit of a mountain Continental Divide, along a common 18, 19 and 24, T. 12 S., Rs. 2 and 3 W., Umiat located in the southerly portion of section 29, boundary with Gates of the Arctic National Meridian; T. 31 N., R. 12 W., Fairbanks Meridian, Preserve (Unit Number 2), to a point on a Thence southerly, between Rs. 2 and 3 W., approximate elevation 3,020 feet; ridge where the Continental Divide bears to the corner of sections 25, 30, 31 and 36, Thence northeasterly, along the crest of a southerly, located in the northerly portion of T. 12 S., Rs. 2 and 3 W., Umiat Meridian; ridge between the drainages of Washington section 2, T. 16 S., R. 9 E., Umiat Meridian, Thence westerly, between sections 25 and Creek, Canyon Creek, Glacier River and the approximate elevation 6,300; 36, to the corner of sections 25, 26, 35 and middle Fork of the Koyukuk River, to the Thence northwesterly, along the crest of a 36, T. 12 S., R. 3 W., Umiat Meridian; summit of a mountain located in the ridge, to a point between sections 12 and 13, Thence southerly, between sections 35 and southerly portion of section 2, T. 31 N., R. T. 15 S., R. 8 E., Umiat Meridian, 36 to the south corner of sections 35 and 36, 12 W., Fairbanks Meridian, approximate approximate elevation 4,650 feet; T. 12 S., R. 3 W., Umiat Meridian; elevation 3,150 feet; Thence on an approximate forward bearing Thence westerly, along the Third Standard Thence on an approximate forward bearing of N. 65° W., to the most southerly point on Parallel South, to the south corner of sections of S. 69° E., to the junction of Hammond the shore of an unnamed lake located in the 34 and 35, T. 12 S., R. 4 W., Umiat Meridian; River and Canyon Creek located in the Oolah Valley in section 11, T. 15 S., R. 8 E., Thence northerly, between sections 34 and easterly portion of section 12, T. 31 N., R. 12 Umiat Meridian; 35, 26 and 27, 22 and 23, to the corner of W., Fairbanks Meridian; Thence on an approximate forward bearing sections 14, 15, 22 and 23, T. 12 S., R. 4 W., ° Thence on an approximate forward bearing of N. 59 W., to the summit of a mountain Umiat Meridian; of S. 82° E., to the summit of a mountain located in section 4, T. 15 S., R. 8 E., Umiat Thence westerly, between sections 15 and located in the easterly portion of section 7, Meridian, approximate elevation 6,323 feet; 22, 16 and 21, 17 and 20, 18 and 19, to the T. 31 N., R. 11 W., Fairbanks Meridian, Thence northwesterly, along the crest of a corner of sections 13, 18, 19 and 24, T. 12 approximate elevation 2,738 feet; ridge between the drainages of Itkillik and S., Rs. 4 and 5 W., Umiat Meridian; Thence southeasterly and northerly, along Nanushuk Rivers, to the summit of a Thence northerly, between Rs. 4 and 5 W., the crest of a ridge, to the summit of a mountain located near the center of section to the corner of sections 13, 18, 19 and 24, mountain located in the northerly portion of 26, T. 14 S., R. 6 E., Umiat Meridian, T. 11 S., Rs. 4 and 5 W., Umiat Meridian; section 11, T. 31 N., R. 11 W., Fairbanks approximate elevation 7,118 feet; Thence westerly, between sections 13 and Thence on an approximate forward bearing Meridian, approximate elevation 3,065 feet; ° 24, 14 and 23, 15 and 22, 16 and 21, 17 and Thence on an approximate forward bearing of N. 70 W., to an easterly summit of 20, 18 and 19, 13 and 24, 14 and 23, 15 and Marshmallow Mountain located in the of N. 32° E., to the summit of a mountain 22, 16 and 21, 17 and 20, 18 and 19, 13 and easterly portion of section 20, T. 14 S., R. 6 located in section 36, T. 32 N., R. 11 W., 24, 14 and 23, 15 and 22, to the corner of E., Umiat Meridian, approximate elevation Fairbanks Meridian, approximate elevation sections 15, 16, 21 and 22, T. 11 S., R. 7 W., 6,570 feet; 3,033 feet; Umiat Meridian; Thence westerly, along the crest of Thence southerly, between sections 21 and Thence northerly, along the crest of a ridge Marshmallow Mountain, to a westerly 22, 27 and 28, 33 and 34, to the corner of between the drainages of Vi Creek, Hammond summit of Marshmallow Mountain located in sections 3, 4, 33 and 34, Tps. 11 and 12 S., River, Kalhabuk Creek and the Middle Fork the northerly portion of section 24, T. 14 S., of the Koyukuk River, to the northerly point R. 5 E., Umiat Meridian, approximate R. 7 W., Umiat Meridian; of the crest of a ridge located in section 5, elevation 6,972 feet; Thence westerly, between Tps. 11 and 12 T. 33 N., R. 10 W., Fairbanks Meridian, Thence on an approximate forward bearing S., to the corner of Tps. 11 and 12 S., Rs. 7 approximate elevation 4,100 feet; of S. 71° W., to the easterly point of the and 8 W., Umiat Meridian; Thence on an approximate forward bearing Thence southerly, between Rs. 7 and 8 W., ° summit of a mountain located in the of N. 2 W., on a line passing at midpoint northerly portion of section 28, T. 14 S., R. to the corner of sections 19, 24, 25 and 30, between two lakes in section 32, to the crest 5 E., Umiat Meridian, approximate elevation T. 12 S., Rs. 7 and 8 W., Umiat Meridian; of a ridge located near the center of section 6,500 feet; Thence westerly, between sections 24 and 29, T. 34 N., R. 10 W., Fairbanks Meridian, Thence southwesterly, northwesterly, and 25, 23 and 26, 22 and 27, 21 and 28, 20 and approximate elevation 3,200 feet; northeasterly, along the crest of a ridge 29, 19 and 30, 24 and 25, 23 and 26, 22 and Thence northwesterly, northerly and between the Alapah Creek, Anaktuvuk River, 27, 21 and 28, 20 and 29, 19 and 30, 24 and northeasterly along the crest of a ridge Itikmalakpak Creek and the Kayak Creek 25, 23 and 26, 22 and 27, 21 and 28, 20 and between drainages of Dietrich and Hammond drainages and northwesterly on a spur ridge, 29, 19 and 30, to the corner of sections 19, Rivers, to the summit of a mountain located to a point between sections 1 and 36, Tps. 24, 25 and 30, T. 12 S., Rs 10 and 11 W., in the northwesterly portion of section 31, T. 13 and 14 S., R. 4 E., Umiat Meridian; Umiat Meridian; 35 N., R. 10 W., Fairbanks Meridian, Thence westerly, departing from the Thence southerly, between Rs. 10 and 11 approximate elevation 3,110 feet; common boundary with Gates of the Arctic W., to the south corner of T. 12 S., Rs. 10 and Thence on an approximate forward bearing National Preserve (Unit Number 2), between 11 W., on the boundary of the Umiat of N. 9° E., to the summit of a mountain Tps. 13 and 14 S., to the corner of Tps. 13 Meridian; located in sections 18 and 19, T. 35 N., R. and 14 S., Rs. 1 and 2 E., Umiat Meridian; Thence westerly, between the Umiat and 10 W., Fairbanks Meridian, approximate Thence northerly, between Rs. 1 and 2 E., Kateel River Meridians, to the north corner elevation 4,010 feet; to the corner of sections 25, 30, 31 and 36, of T. 34 N., Rs. 18 and 19 E., Kateel River Thence northerly, along the crest of a ridge T. 13 S., Rs. 1 and 2 E., Umiat Meridian; Meridian; between the Dietrich River drainage and Big Thence westerly, between sections 25 and ∧ Thence southerly, between Rs. 18 and 19 Jim and Trembley Creeks, to the summit of 36, 26 and 35, 27 and 34, 28 and 33, 29 and E., to the 1⁄4 section corner of sections 7 and a mountain located in the southwesterly 32, 30 and 31, 25 and 36, 26 and 35, 27 and 12, T. 34 N., Rs. 18 and 19 E., Kateel River portion of section 29, T. 36 N., R. 10 W., 34, 28 and 33, 29 and 32, 30 and 31, to the Meridian; Fairbanks Meridian, approximate elevation corner of sections 25, 30, 31 and 36, T. 13 ∧ Thence westerly, on the east and west 4,130 feet; S., Rs. 1 and 2 W., Umiat Meridian; centerline of section 12, to the center-west 1/ Thence on an approximate forward bearing Thence northerly, between Rs. 1 and 2 W., 16 section corner of section 12, T. 34 N., R. of N. 8° E., to the summit of a mountain to the north corner of T. 13 S., Rs. 1 and 2 18 E., Kateel River Meridian; located near the center of section 17, T. 36 W., Umiat Meridian; ∧ Thence northerly, on the north and south N., R. 10 W., Fairbanks Meridian, Thence westerly, along the Third Standard centerline of the northwest 1⁄4 of section 12, approximate elevation 4,230 feet; Parallel South, to the south corner of T. 12 to the north corner of lots 3 and 4 of section Thence northerly, along the crest of a ridge S., Rs. 1 and 2 W., Umiat Meridian; 12, T. 34 N., R. 18 E., on the boundary of the between the drainages of Dietrich River and Thence northerly, between Rs. 1 and 2 W., Kateel River Meridian; Kuyuktuvuk Creek, to a point of intersection to the corner of sections 13, 18, 19 and 24, ∧ Thence westerly, between Umiat and with the Continental Divide, located near the T. 12 S., Rs. 1 and 2 W., Umiat Meridian; Kateel River Meridians, to the south corner

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of sections 25 and 26, T. 12 S., R. 12 W., Thence continuing due south, along a located in section 15, T. 26 N., R. 9 E., Kateel Umiat Meridian; common boundary with Noatak National River Meridian, approximate elevation 3,980 ∧ Thence northerly, between sections 25 Preserve (Nigu River Addition), to the east feet; and 26, to the corner of sections 23, 24, 25 and west centerline of section 14, T. 30 N., Thence on an approximate forward bearing and 26, T. 12 S., R. 12 W., Umiat Meridian; R. 14 E., Kateel River Meridian; of N. 37° W., to the summit of a mountain ∧ Thence westerly, between sections 23 Thence continuing due south, departing located in section 5, T. 26 N., R. 9 E., Kateel and 26, to the 1⁄4 section corner of sections from the common boundary with Noatak River Meridian, approximate elevation 4,625 23 and 26, T. 12 S., R. 12 W., Umiat National Preserve (Nigu River Addition), to a feet; Meridian; peak located along the crest of a divide Thence southwesterly, along the divide ∧ Thence northerly, on the north and south between the drainages of the Nigu and between the drainages of the Ambler and centerline of section 23, to the center 1⁄4 Noatak Rivers in the western portion of Noatak Rivers, to the summit of a mountain section corner of section 23, T. 12 S., R. 12 section 26, T. 30 N., R. 14 E., Kateel River located in sections 23 and 24, T. 26 N., R. W., Umiat Meridian; Meridian, approximate elevation 4,640 feet; 8 E., Kateel River Meridian, approximate ∧ Thence westerly, on the east and west Thence westerly, northerly and elevation 4,508 feet; centerlines of sections 23 and 22, to the 1⁄4 northwesterly, along the crest of a divide Thence on an approximate forward bearing section corner of sections 21 and 22, T. 12 between the drainages of the Nigu and of S. 11° W., to the summit of a mountain S., R. 12 W., Umiat Meridian; Noatak Rivers to a summit of a mountain located in section 35, T. 26 N., R. 8 E., Kateel ∧ Thence southerly, between sections 21 located on a ridge at the junction with a spur River Meridian, approximate elevation 4,720 and 22, 27 and 28, to the south corner of ridge located in section 3, T. 30 N., R. 13 E., feet; sections 27 and 28, T. 12 S., R. 12 W., on the Kateel River Meridian, approximate elevation Thence easterly, southerly, easterly and boundary of the Umiat Meridian; 3,250 feet; southerly along the divide between the ∧ Thence westerly, between the Kateel Thence southwesterly and westerly, along Ambler and Imelyak Rivers to the summit of River and Umiat Meridians, to the north the crest of a ridge between the drainages of a ridge located in the southern half of section corner of lots 2 and 3 of section 9, T. 34 N., Midas Creek and Mountain Creek, along a 19, T. 25 N., R. 9 E., Kateel River Meridian, R. 18 N., Kateel River Meridian; common boundary with Noatak National approximate elevation 3,600 feet; ∧ Thence southerly, on the north and south Preserve, to the summit of a mountain Thence southerly, departing from the centerline of section 9, to the center 1⁄4 located in section 21, T. 30 N., R. 12 E., common boundary with Noatak National section corner of section 9, T. 34 N., R. 18 Kateel River Meridian, approximate elevation Preserve, along the divide between tributaries E., Kateel River Meridian; 4,021 feet; of the Ambler River, to a point between ∧ Thence easterly, on the east and west Thence on an approximate forward bearing sections 9 and 16, T. 24 N., R. 9 E., Kateel centerline of section 9, to the 1⁄4 section of S. 87° W., to the summit of a hill located River Meridian, approximate elevation 2,800 corner of sections 9 and 10, T. 34 N., R. 18 in section 24, T. 30 N., R. 11 E., Kateel River feet; E., Kateel River Meridian; Meridian, approximate elevation 3,473 feet; Thence easterly, between sections 9 and ∧ Thence southerly, between sections 9 and Thence northwesterly, along the crest of a 16, 10 and 15, 11 and 14, to the crest of a 10, 15 and 16, to the 1⁄4 section corner of ridge to the summit of a mountain located in ridge between sections 11 and 14, T. 24 N., sections 15 and 16, T. 34 N., R. 18 E., Kateel sections 14 and 15, T. 30 N., R. 11 E., Kateel R. 9 E., Kateel River Meridian, approximate River Meridian; River Meridian, approximate elevation 4,100 elevation 2,600 feet; ∧ Thence easterly, on the east and west feet; Thence northeasterly, along the crest of a centerline of section 15, to the center 1⁄4 Thence on an approximate forward bearing ridge between the drainages of tributaries of section corner of section 15, T. 34 N., R. 18 of S. 28° W., to the summit of a mountain the Ambler River to the summit of a E., Kateel River Meridian; located in section 22, T. 30 N., R. 11 E., mountain located in the northwesterly ∧ Thence southerly, on the north and south Kateel River Meridian, approximate elevation portion of section 4, T. 24 N., R. 10 E., Kateel centerline of section 15, to the 1⁄4 corner of 3,202 feet; River Meridian, approximate elevation 3,609 sections 15 and 22, T. 34 N., R. 18 E., Kateel Thence southwesterly, along the crest of a feet; River Meridian; ridge between Douglas Creek and a tributary Thence on an approximate forward bearing ∧ Thence easterly, between sections 15 and of the Noatak River, to the summit of a of east, to the summit of a mountain located 22, 14 and 23, to the 1⁄4 section corner of mountain, located in sections 12 and 13, T. in the northwesterly portion of section 2, T. sections 14 and 23, T. 34 N., R. 18 E., Kateel 29 N., R. 10 E., Kateel River Meridian, 24 N., R. 10 E., Kateel River Meridian, River Meridian; approximate elevation 3,657 feet; approximate elevation 4,499 feet; ∧ Thence southerly, on the north and south Thence due south, to a point on the right Thence northeasterly, along the crest of a centerline of section 23, to the 1⁄4 section bank of Douglas Creek located in section 24, ridge between the drainages of Ulaneak corner of sections 23 and 26, T. 34 N., R. 18 T. 29 N., R. 10 E., Kateel River Meridian; Creek, Ambler and Ipnelivik Rivers, to the E., Kateel River Meridian; Thence southerly, along the right bank of summit of a mountain located in section 27, ∧ Thence westerly, between sections 23 Douglas Creek, to a point on the right bank T. 25 N., R. 11 E., Kateel River Meridian, and 26, 22 and 27, 21 and 28, 20 and 29, 19 of Douglas Creek at the junction of the approximate elevation 5,040 feet; and 30, 24 and 25, 23 and 26, 22 and 27, 21 Noatak River and Douglas Creek located in Thence on an approximate forward bearing and 28, 20 and 29, 19 and 30, 24 and 25, 23 the northern portion of section 2, T. 28 N., of S. 28° E., to the summit of a mountain and 26, 22 and 27, 21 and 28, 20 and 29, 19 R. 10 E., Kateel River Meridian; located in sections 34 and 35, T. 25 N., R. and 30, to the corner of sections 19, 24, 25 Thence on an approximate forward bearing 11 E., Kateel River Meridian, approximate and 30, T. 34 N., Rs. 15 and 16 E., Kateel of S. 24° W., to the summit of a mountain elevation 4,600 feet; River Meridian; located in section 22, T. 28 N., R. 10 E., Thence southerly, along the crest of a ridge Thence northerly, between Rs. 15 and 16 Kateel River Meridian, approximate elevation between the drainages of Ipnelivik River and E., to the north corner of T. 34 N., Rs. 15 and 3,439 feet; Ulaneak Creek, to the summit of a mountain 16 E., on the boundary of the Kateel River Thence on an approximate forward bearing located in sections 25 and 26, T. 24 N., R. Meridian; of S. 51° W., to the summit of a small 11 E., Kateel River Meridian, approximate Thence westerly, between the Kateel River mountain located in sections 28 and 29, T. elevation 4,600 feet; and Umiat Meridians, to a point of 28 N., R. 10 E., Kateel River Meridian, Thence on an approximate forward bearing intersection between the western portion of approximate elevation 2,441 feet; of S. 60° E., to the summit of a mountain section 10, T. 34 N., R. 14 E., Kateel River Thence easterly, southerly and westerly, located in section 31, T. 24 N., R. 12 E., Meridian and section 27, T. 12 S., R. 16 W., along the divide between the drainages of Kateel River Meridian, approximate elevation Umiat Meridian, with a line projected due Kavachurak Creek and Tunukuchiak Creek 5,076 feet; north of a peak located in the western portion and Ambler River, to the summit of a Thence southerly, easterly and of section 26, T. 30 N., R. 14 E., Kateel River mountain located in section 22, T. 26 N., R. northeasterly, along the crest of a ridge, to the Meridian, approximate elevation 4,640 feet; 9 E., Kateel River Meridian, approximate summit of a mountain between sections 5 Thence due south, to a point between elevation 4,298 feet; and 32, Tps. 23 and 24 N., R. 12 E., Kateel sections 2 and 11, T. 30 N., R. 14 E., Kateel Thence northerly, along the crest of the River Meridian, approximate elevation 4,517 River Meridian; spur ridge to the summit of a mountain feet;

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Thence easterly, between Tps. 23 and 24 18, 19 and 24, T. 11 S., Rs. 2 and 3 W., Umiat Thence northerly, between Rs. 13 and 14 N., to the summit of a mountain between Meridian, the place of beginning. E., to the corner of Tps. 17 and 18 N., Rs. 13 sections 4 and 33, Tps. 23 and 24 N., R. 12 and 14 E., Kateel River Meridian; Gates of the Arctic National Preserve E., Kateel River Meridian, approximate Thence easterly, between Tps. 17 and 18 elevation 4,926 feet; The complete description of the external N., to the corner of Tps. 17 and 18 N., Rs. Thence southerly, along the crest of a ridge boundary for Gates of the Arctic National 14 and 15 E., Kateel River Meridian; between the drainages of Kogoluktuk River, Preserve is provided below and is identical Thence northerly, between Rs. 14 and 15 to the summit of a mountain located in to the 1992 published description: E., to the corner of Tps. 18 and 19 N., Rs. 14 sections 34 and 35, T. 23 N., R. 12 E., Kateel Unit Number 1 and 15 E., Kateel River Meridian; River Meridian, approximate elevation 4,160 Thence easterly, between Tps. 18 and 19 feet; Beginning at the corner of sections 19, 24, N., to the corner of Tps. 18 and 19 N., Rs. Thence on an approximate forward bearing 25 and 30, T. 20 N., Rs. 18 and 19 E., Kateel 15 and 16 E., Kateel River Meridian; of S. 20° E., to the summit of a mountain River Meridian; Thence southerly, between Rs. 15 and 16 located in section 11, T. 22 N., R. 12 E., Thence easterly, between sections 19 and E., to the corner of Tps. 17 and 18 N., Rs. 15 Kateel River Meridian, approximate elevation 30, 20 and 29, 21 and 28, 22 and 27, along and 16 E., Kateel River Meridian; 3,292 feet; a common boundary with Gates of the Arctic Thence easterly, between Tps. 17 and 18 Thence southerly, easterly and National Park (Unit Number 1), to the N., to the corner of Tps. 17 and 18 N., Rs. southeasterly, along the crest of a ridge summit of a ridge located in sections 22 and 18 and 19 E., Kateel River Meridian; 27, T. 20 N., R. 19 E., Kateel River Meridian, between the drainages of Kogoluktuk River Thence northerly, between Rs. 18 and 19 approximate elevation 4,000 feet; and Ivik Creek, to a point between sections E., to the corner of sections 19, 24, 25 and Thence southeasterly, northeasterly, 2 and 35, Tps. 21 and 22 N., R. 13 E., Kateel 30, T. 20 N., Rs. 18 and 19 E., Kateel River easterly and southeasterly along the crest of River Meridian; Meridian, the place of beginning. a ridge, to a high point on a ridge located in Thence easterly, between Tps. 21 and 22 the westerly portion of section 5, T. 19 N., Unit Number 2 N., to the corner of Tps. 21 and 22 N., Rs. R. 20 E., Kateel River Meridian, approximate 18 and 19 E., Kateel River Meridian; Beginning at a point on the Continental elevation 2,900 feet; Thence southerly, between Rs. 18 and 19 Divide, at the junction of ridges, located near Thence on a approximate forward bearing the center of section 31, T. 15 S., R. 10 E., E., to the south corner of T. 21 N., Rs. 18 and of S. 14° E., to the summit of a mountain 19 E., Kateel River Meridian; Umiat Meridian, approximate elevation 6,000 located in section 17, T. 19 N., R. 20 E., feet; Thence westerly, along the Fifth Standard Kateel River Meridian, approximate elevation Thence southwesterly, along the Parallel North, to the north corner of T. 20 2,577 feet; Continental Divide, along a common N., Rs. 18 and 19 E., Kateel River Meridian; Thence on an approximate forward bearing boundary with Gates of the Arctic National Thence southerly, between Rs. 18 and 19 of S. 14° E., to the corner of sections 20, 21, Park (Unit Number 1), to a point on a ridge E., to the corner of sections 19, 24, 25 and 28 and 29, T. 19 N., R. 20 E., Kateel River where the Continental Divide bears 30, T. 20 N., Rs. 18 and 19 E., Kateel River Meridian; southerly, located in the northerly portion of Meridian, the place of beginning. Thence on an approximate forward bearing section 2, T. 16 S., R. 9 E., Umiat Meridian, of east to a point on the left bank of the Unit Number 2 approximate elevation 6,300 feet; Kobuk River at the center of the confluence Beginning at the corner of sections 13, 18, of the outlet stream from Walker Lake with Thence northwesterly, along the crest of a 19 and 24, T. 11 S., Rs. 2 and 3 W., Umiat the Kobuk River, in section 19, T. 19 N., R. ridge, to a point between sections 12 and 13, Meridian; 21 E., Kateel River Meridian; T. 15 S., R. 8 E., Umiat Meridian, Thence northerly, between Rs. 2 and 3 W., Thence northeasterly, along the left bank of approximate elevation 4,650 feet; to the corner of Tps. 9 and 10 S., Rs. 2 and Thence on an approximate forward bearing the Kobuk River and Kichaiakaka Creek, to a ° 3 W., Umiat Meridian; point between sections 1 and 36, Tps. 19 and of N. 65 W., to the most southerly point on Thence westerly, between Tps. 9 and 10 S., 20 N., R. 22 E., Kateel River Meridian; the shore of an unnamed lake located in the to the corner of Tps. 9 and 10 S., Rs. 3 and Thence easterly, between Tps. 19 and 20 Oolah Valley in Section 11, T. 15 S., R. 8 E., 4 W., Umiat Meridian; N., to the corner of Tps. 19 and 20 N., Rs. Umiat Meridian; Thence northerly, between Rs. 3 and 4 W., Thence on an approximate forward bearing 22 and 23 E., Kateel River Meridian; ° to the corner of sections 13, 18, 19 and 24, Thence southerly, departing from the of N. 59 W., to the summit of a mountain T. 9 S., Rs. 3 and 4 W., Umiat Meridian; common boundary with Gates of the Arctic located in section 4, T. 15 S., R. 8 E., Umiat Thence westerly, between sections 13 and National Park (Unit Number 1), between Rs. Meridian, approximate elevation 6,323 feet; 24, 14 and 23, 15 and 22, 16 and 21, 17 and 22 and 23 E., to the corner of Tps. 17 and Thence northwesterly, along the crest of a 20, 18 and 19, 13 and 24, 14 and 23, 15 and 18 N., Rs. 22 and 23 E., Kateel River ridge between the drainages of Itkillik and 22, to the corner of sections 15, 16, 21 and Meridian; Nanushuk Rivers, to the summit of a 22, T. 9 S., R. 5 W., Umiat Meridian; Thence westerly, between Tps. 17 and 18 mountain located near the center of section Thence southerly, between sections 21 and N., to the corner of Tps. 17 and 18 N., Rs. 26, T. 14 S., R. 6 E., Umiat Meridian, 22, 27 and 28, 33 and 34, 3 and 4, 9 and 10, 20 and 21 E., Kateel River Meridian; approximate elevation 7,118 feet; 15 and 16, to the corner of sections 15, 16, Thence southerly, between Rs. 20 and 21 Thence on an approximate forward bearing 21 and 22, T. 10 S., R. 5 W., Umiat Meridian; E., to the south corner of T. 17 N., Rs. 20 and of N. 70° W., to an easterly summit of Thence easterly, between sections 15 and 21 E., Kateel River Meridian; Marshmallow Mountain located in the 22, 14 and 23, 13 and 24, to the corner of Thence westerly, along the Fourth easterly portion of section 20, T. 14 S., R. 6 sections 13, 18, 19 and 24, T. 10 S., Rs. 4 and Standard Parallel North, to the north corner E., Umiat Meridian, approximate elevation 5 W., Umiat Meridian; of T. 16 N., Rs. 20 and 21 E., Kateel River 6,570 feet; Thence southerly, between Rs. 4 and 5 W., Meridian; Thence westerly, along the crest of to the corner of Tps. 10 and 11 S., Rs. 4 and Thence southerly, between Rs. 20 and 21 Marshmallow Mountain to a westerly summit 5 W., Umiat Meridian; E., to the corner of Tps. 14 and 15 N., Rs. 20 of Marshmallow Mountain located in the Thence easterly, between Tps. 10 and 11 and 21 E., Kateel River Meridian; northerly portion of section 24, T. 14 S., R. S., to the corner of sections 4, 5, 32 and 33, Thence westerly, between Tps. 14 and 15 5 E., Umiat Meridian, approximate elevation Tps. 10 and 11 S., R. 4 W., Umiat Meridian; N., to the corner of Tps. 14 and 15 N., Rs. 6,972 feet; Thence southerly, between sections 4 and 14 and 15 E., Kateel River Meridian; Thence on an approximate forward bearing 5, 8 and 9, 16 and 17, to the corner of Thence northerly, between Rs. 14 and 15 of S. 71° W., to the easterly point of the sections 16, 17, 20 and 21, T. 11 S., R. 4 W., E., to the north corner of T. 16 N., Rs. 14 and summit of a mountain located in the Umiat Meridian; 15 E., Kateel River Meridian; northerly portion of section 28, T. 14 S., R. Thence easterly, between sections 16 and Thence westerly, along the Fourth 5 E., Umiat Meridian, approximate elevation 21, 15 and 22, 14 and 23, 13 and 24, 18 and Standard Parallel North, to the south corner 6,500 feet; 19, 17 and 20, 16 and 21, 15 and 22, 14 and of T. 17 N., Rs. 13 and 14 E., Kateel River Thence southwesterly, northwesterly, and 23, 13 and 24, to the corner of sections 13, Meridian; northeasterly, along the crest of a ridge

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between the Alapah Creek, Anaktuvuk River, II. Units of the National Wilderness and 34, Tps. 22 and 23 N., R. 25 E., Kateel and Itikmalakpak Creek and the Kayak Creek Preservation System Within Gates of River Meridian; drainages and northwesterly on a spur ridge, the Arctic National Park Thence easterly, between Tps. 22 and 23 to a point between sections 1 and 36, Tps. N., to the east corner of Tps. 22 and 23 N., 13 and 14 S., R. 4 E., Umiat Meridian; Gates of the Arctic Wilderness R. 26 E., on the boundary of the Kateel River Meridian; Thence easterly, departing from the The complete amended description of the external boundary for Gates of the Arctic Thence southerly, between Kateel River common boundary with Gates of the Arctic and Fairbanks Meridians, to the west corner National Park (Unit Number 1), between Tps. Wilderness, described in its entirety, is as follows: of sections 18 and 19, T. 29 N., R. 24 W., 13 and 14 S., to the corner of Tps. 13 and Fairbanks Meridian; 14 S., Rs. 4 and 5 E., Umiat Meridian; (1) Unit Number 1 Thence easterly, between sections 18 and Thence northerly, between Rs. 4 and 5 E., Beginning at the corner of sections 19, 24, 19, 17 and 20, 16 and 21, to the corner of to the corner of sections 13, 18, 19 and 24, 25 and 30, T. 20 N., Rs. 18 and 19 E., Kateel sections 15, 16, 21 and 22, T. 29 N., R. 24 T. 13 S., Rs. 4 and 5 E., Umiat Meridian; River Meridian; W., Fairbanks Meridian; Thence easterly, between sections 18 and Thence easterly, between sections 19 and Thence northerly, between sections 15 and 19, 17 and 20, to the corner of sections 16, 30, 20 and 29, 21 and 28, 22 and 27, along 16, 9 and 10, 3 and 4, 33 and 34, 27 and 28, 21 and 22, 15 and 16, 9 and 10, 3 and 4, to 17, 20 and 21, T. 13 S., R. 5 E., Umiat a common boundary with Gates of the Arctic the corner of sections 3, 4, 33 and 34, Tps. Meridian; National Park (Unit Number 1) and National Preserve (Unit Number 1), to the summit of 30 and 31 N., R. 24 W., Fairbanks Meridian; Thence northerly, between sections 16 and Thence westerly, between Tps. 30 and 31 17, 8 and 9, 4 and 5, to the north corner of a ridge located in sections 22 and 27, T. 20 N., R. 19 E., Kateel River Meridian, N., to the west corner of Tps. 30 and 31 N., sections 4 and 5, T. 13 S., R. 5 E., Umiat approximate elevation 4,000 feet; R. 24 W., on the boundary of the Fairbanks Meridian; Thence southeasterly, northeasterly, Meridian; Thence easterly, along the Third Standard easterly and southeasterly, along the crest of Thence northerly, between Fairbanks and Parallel South, to the north corner of T. 13 a ridge, to a high point on the ridge located Kateel River Meridians, to the west corner of S., Rs. 5 and 6 E., Umiat Meridian; in the westerly portion of section 5, T. 19 N., Tps. 31 and 32 N., R. 24 W., Fairbanks Meridian; Thence southerly, between Rs. 5 and 6 E., R. 20 E., Kateel River Meridian, approximate Thence easterly, between Tps. 31 and 32 to the corner of sections 13, 18, 19 and 24, elevation 2,900 feet; N., to the corner of Tps. 31 and 32 N., Rs. T. 13 S., Rs. 5 and 6 E., Umiat Meridian; Thence on an approximate forward bearing 18 and 19 W., Fairbanks Meridian; of S. 14° E., to the summit of a mountain Thence easterly, between sections 18 and Thence northerly, between Rs. 18 and 19 located in section 17, T. 19 N., R. 20 E., 19, 17 and 20, 16 and 21, 15 and 22, 14 and W., to the north corner of T. 32 N., Rs. 18 Kateel River Meridian, approximate elevation 23, 13 and 24, 18 and 19, 17 and 20, 16 and and 19 W., Fairbanks Meridian; 2,577 feet; 21, 15 and 22, 14 and 23, 13 and 24, to the Thence easterly, along the Eighth Standard Thence on an approximate forward bearing corner of sections 13, 18, 19 and 24, T. 13 Parallel North, to the north corner of T. 32 of S. 14° E., to the corner of sections 20, 21, S., Rs. 7 and 8 E., Umiat Meridian; N., Rs. 17 and 18 W., Fairbanks Meridian; 28 and 29, T. 19 N., R. 20 E., Kateel River Thence northerly, between Rs. 7 and 8 E., Thence southerly, between Rs. 17 and 18 Meridian; W., to the corner of Tps. 31 and 32 N., Rs. to the north corner of T. 13 S., Rs. 7 and 8 Thence on an approximate forward bearing E., Umiat Meridian; 17 and 18 W., Fairbanks Meridian; of east to a point on the left bank of the Thence easterly, between Tps. 31 and 32 Thence easterly, along the Third Standard Kobuk River at the center of the confluence Parallel South, to the south corner of T. 12 N., to the corner of Tps. 31 and 32 N., Rs. of the outlet stream from Walker Lake with 16 and 17 W., Fairbanks Meridian; S., Rs. 8 and 9 E., Umiat Meridian; the Kobuk River, in section 19, T. 19 N., R. Thence southerly, between Rs. 16 and 17 Thence northerly, between Rs. 8 and 9 E., 21 E., Kateel River Meridian; W., to the corner of Tps. 29 and 30 N., Rs. to the corner of Tps. 11 and 12 S., Rs. 8 and Thence northeasterly, along the left bank of 16 and 17 W., Fairbanks Meridian; 9 E., Umiat Meridian; the Kobuk River and Kichaiakaka Creek, to a Thence easterly, between Tps. 29 and 30 Thence easterly, between Tps. 11 and 12 point between sections 1 and 36, Tps. 19 and N., to the corner of Tps. 29 and 30 N., Rs. S., to a point on the crest of a ridge between 20 N., R. 22 E., Kateel River Meridian; 15 and 16 W., Fairbanks Meridian; sections 6 and 31, Tps. 11 and 12 S., R. 11 Thence easterly, between Tps. 19 and 20 Thence southerly, between Rs. 15 and 16 E., Umiat Meridian, approximate elevation N., to the corner of Tps. 19 and 20 N., Rs. W., to the south corner of T. 29 N., Rs. 15 4,650 feet; 22 and 23 E., Kateel River Meridian; and 16 W., Fairbanks Meridian; Thence easterly, departing from the Thence southerly, along the crest of a ridge Thence westerly, along the Seventh common boundary with Gates of the Arctic between the drainages of Atigun and Itkillik Standard Parallel North, to the north corner National Preserve (Unit Number 1) and of T. 28 N., Rs. 16 and 17 W., Fairbanks Rivers, to the summit of a mountain located continuing along the common boundary with in the southerly portion of section 18, T. 12 Meridian; the National Park (Unit Number 1), between Thence southerly, between Rs. 16 and 17 S., R. 11 E., Umiat Meridian, approximate Tps. 19 and 20 N., to the corner of sections W., to the meander corner of sections 31 and elevation 5,156 feet; 3, 4, 33 and 34, Tps. 19 and 20 N., R. 23 E., 36 at the line of mean high water on the right Thence on an approximate forward bearing Kateel River Meridian; bank of the most northerly interconnecting ° of S. 35 E., to the summit of a mountain Thence northerly, between sections 33 and waterway of the Koyukuk River, T. 26 N., Rs. located near the center of section 20, T. 12 34, 27 and 28, 21 and 22, 15 and 16, 9 and 16 and 17 W., Fairbanks Meridian; S., R. 11 E., Umiat Meridian, approximate 10, 3 and 4, to the north corner of sections Thence northeasterly, along the line of elevation 4,950 feet; 3 and 4, T. 20 N., R. 23 E., Kateel River mean high water on the right bank of the Thence southeasterly and southwesterly, Meridian; most northerly interconnecting waterways of between the drainages of Atigun and Itkillik Thence easterly, along the Fifth Standard the Middle Fork of the Koyukuk River, Rivers, to the point of intersection with the Parallel North, to the south corner of T. 21 closing the mouth of the North Fork Koyukuk Continental Divide located at a high point on N., Rs. 23 and 24 E., Kateel River Meridian; River, to the meander corner of sections 13 Thence northerly, between Rs. 23 and 24 the ridge in the easterly portion of section 20, and 14, T. 26 N., R. 14 W., Fairbanks E., to the corner of Tps. 21 and 22 N., Rs. 23 Meridian; T. 15 S., R. 10 E., Umiat Meridian, and 24 E., Kateel River Meridian; Thence northerly, between sections 13 and approximate elevation 6,480 feet; Thence easterly, between Tps. 21 and 22 14, to the north 1⁄16 section corner of sections Thence southwesterly, along the N., to the corner of sections 3, 4, 33 and 34, 13 and 14, T. 26 N., R. 14 W., Fairbanks Continental Divide, to a high point on the Tps. 21 and 22 N., R. 25 E., Kateel River Meridian; Continental Divide at the junction of ridges Meridian; Thence easterly, along the east and west located near the center of section 31, T. 15 Thence northerly, between sections 33 and centerline of the northwest 1⁄4 of section 13, S., R. 10 E., Umiat Meridian, approximate 34, 27 and 28, 21 and 22, 15 and 16, 9 and to the northwest 1⁄16 section corner of section elevation 6,000 feet, the place of beginning. 10, 3 and 4, to the corner of sections 3, 4, 33 13, T. 26 N., R. 14 W., Fairbanks Meridian;

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Thence northerly, along the north and located in the southerly portion of section 2, Jim and Trembley Creeks, to the summit of south centerlines of the northwest 1⁄4 of T. 27 N., R. 14 W., Fairbanks Meridian, a mountain located in the southwesterly section 13, and the southwest 1⁄4 of section approximate elevation 3,125 feet; portion of section 29, T. 36 N., R. 10 W., 12, to the center-west 1⁄16 section corner of Thence northerly and northeasterly, along Fairbanks Meridian, approximate elevation section 12, T. 26 N., R. 14 W., Fairbanks the crest of a ridge between the drainages of 4,130 feet; Meridian; the North and Middle Forks of the Koyukuk Thence on an approximate forward bearing Thence easterly, on the east and west River, to the summit of a mountain located of N. 8° E., to the summit of a mountain centerline of section 12, to the center 1⁄4 in section 8, T. 30 N., R. 12 W., Fairbanks located near the center of section 17, T. 36 section corner of section 12, T. 26 N., R. 14 Meridian, approximate elevation 3,150 feet; N., R. 10 W., Fairbanks Meridian, W., Fairbanks Meridian; Thence on an approximate forward bearing approximate elevation 4,230 feet; Thence northerly, along the north and of N. 27° E., to the 1⁄4 section corner of Thence northerly, along the crest of a ridge south centerlines of sections 12, 1 and 36, to sections 5 and 8, T. 30 N., R. 12 W., between the drainages of Dietrich River and the 1⁄4 section corner of sections 25 and 36, Fairbanks Meridian; Kuyuktuvuk Creek, to a point of intersection T. 27 N., R. 14 W., Fairbanks Meridian; Thence northerly, on the north and south with the Continental Divide, located near the Thence easterly, between sections 25 and centerlines of sections 5 and 32, to the center center of section 31, T. 15 S., R. 10 E., Umiat 36, to the corner of sections 25, 30, 31 and 1⁄4 section corner of section 32, T. 31 N., R. Meridian, approximate elevation 6,000 feet; 36, T. 27 N., Rs. 13 and 14 W., Fairbanks 12 W., Fairbanks Meridian; Thence southwesterly, along the Meridian; Thence on an approximate forward bearing Continental Divide, along a common Thence northerly, between Rs. 13 and 14 of N. 16° E., to the summit of a mountain boundary with Gates of the Arctic National W., to the corner of sections 19, 24, 25 and located in the southerly portion of section 29, Park (Unit Number 1) and National Preserve 30, T. 27 N., Rs. 13 and 14 W., Fairbanks T. 31 N., R. 12 W., Fairbanks Meridian, (Unit Number 2), to a point on a ridge where Meridian; approximate elevation 3,020 feet; the Continental Divide bears southerly, Thence easterly, between sections 19 and Thence northeasterly, along the crest of a located in the northerly portion of section 2, 30, to the corner of sections 19, 20, 29 and ridge between the drainages of Washington T. 16 S., R. 9 E., Umiat Meridian, 30, T. 27 N., R. 13 W., Fairbanks Meridian; Creek, Canyon Creek, Glacier River and the approximate elevation 6,300; Thence on an approximate forward bearing middle Fork of the Koyukuk River, to the Thence northwesterly, along the crest of a of N. 30° E., to the summit of a low point on summit of a mountain located in the ridge, to a point between sections 12 and 13, Twelvemile Mountain located in the southerly portion of section 2, T. 31 N., R. T. 15 S., R. 8 E., Umiat Meridian, southwest portion of section 20, T. 27 N., R. 12 W., Fairbanks Meridian, approximate approximate elevation 4,650 feet; 13 W., Fairbanks Meridian, approximate elevation 3,150 feet; Thence on an approximate forward bearing of N. 65° W., to the most southerly point on elevation 2,200 feet; Thence on an approximate forward bearing of S. 69° E., to the junction of Hammond the shore of an unnamed lake located in the Thence on an approximate forward bearing River and Canyon Creek located in the Oolah Valley in section 11, T. 15 S., R. 8 E., of N. 9° E., to a summit of Twelvemile easterly portion of section 12, T. 31 N., R. 12 Umiat Meridian; Mountain located in the westerly portion of W., Fairbanks Meridian; Thence on an approximate forward bearing section 20, T. 27 N., R. 13 W., Fairbanks Thence on an approximate forward bearing of N. 59° W., to the summit of a mountain Meridian, approximate elevation 2,950 feet; of S. 82° E., to the summit of a mountain located in section 4, T. 15 S., R. 8 E., Umiat Thence on an approximate forward bearing ° located in the easterly portion of section 7, Meridian, approximate elevation 6,323 feet; of N. 3 E., to a summit of Twelvemile T. 31 N., R. 11 W., Fairbanks Meridian, Thence northwesterly, along the crest of a Mountain located in the northwesterly approximate elevation 2,738 feet; ridge between the drainages of Itkillik and portion of section 20, T. 27 N., R. 13 W., Thence southeasterly and northerly, along Nanushuk Rivers, to the summit of a Fairbanks Meridian, approximate elevation the crest of a ridge, to the summit of a mountain located near the center of section 3,100 feet; mountain located in the northerly portion of 26, T. 14 S., R. 6 E., Umiat Meridian, Thence on an approximate forward bearing ° section 11, T. 31 N., R. 11 W., Fairbanks approximate elevation 7,118 feet; of N. 60 E., to the summit of Twelvemile Meridian, approximate elevation 3,065 feet; Thence on an approximate forward bearing Mountain located in the northerly portion of Thence on an approximate forward bearing of N. 70° W., to an easterly summit of section 20, T. 27 N., R. 13 W., Fairbanks of N. 32° E., to the summit of a mountain Marshmallow Mountain located in the Meridian, approximate elevation 3,180 feet; located in section 36, T. 32 N., R. 11 W., easterly portion of section 20, T. 14 S., R. 6 Thence on an approximate forward bearing Fairbanks Meridian, approximate elevation E., Umiat Meridian, approximate elevation ° of N. 36 E., to a summit of Twelvemile 3,033 feet; 6,570 feet; Mountain located in the southeasterly Thence northerly, along the crest of a ridge Thence westerly, along the crest of portion of section 17, T. 27 N., R. 13 W., between the drainages of Vi Creek, Hammond Marshmallow Mountain, to a westerly Fairbanks Meridian, approximate elevation River, Kalhabuk Creek and the Middle Fork summit of Marshmallow Mountain located in 3,100 feet; of the Koyukuk River, to the northerly point the northerly portion of section 24, T. 14 S., Thence on an approximate forward bearing of the crest of a ridge located in section 5, R. 5 E., Umiat Meridian, approximate ° of N. 6 E., to the summit of a low point on T. 33 N., R. 10 W., Fairbanks Meridian, elevation 6,972 feet; Twelvemile Mountain located in the easterly approximate elevation 4,100 feet; Thence on an approximate forward bearing portion of section 17, T. 27 N., R. 13 W., Thence on an approximate forward bearing of S. 71° W., to the easterly point of the Fairbanks Meridian, approximate elevation of N. 2° W., on a line passing at midpoint summit of a mountain located in the 2,600 feet; between two lakes in section 32, to the crest northerly portion of section 28, T. 14 S., R. Thence on an approximate forward bearing of a ridge located near the center of section 5 E., Umiat Meridian, approximate elevation of N. 48° W., to the center-north 1⁄16 section 29, T. 34 N., R. 10 W., Fairbanks Meridian, 6,500 feet; corner of section 17, T. 27 N., R. 13 W., approximate elevation 3,200 feet; Thence southwesterly, northwesterly, and Fairbanks Meridian; Thence northwesterly, northerly and northeasterly, along the crest of a ridge Thence northerly, on the north and south northeasterly along the crest of a ridge between the Alapah Creek, Anaktuvuk River, centerline of section 17, to the 1⁄4 section between drainages of Dietrich and Hammond Itikmalakpak Creek and the Kayak Creek corner of sections 8 and 17, T. 27 N., R. 13 Rivers, to the summit of a mountain located drainages and northwesterly on a spur ridge, W., Fairbanks Meridian; in the northwesterly portion of section 31, T. to a point between sections 1 and 36, Tps. Thence westerly, between sections 8 and 35 N., R. 10 W., Fairbanks Meridian, 13 and 14 S., R. 4 E., Umiat Meridian; 17, 7 and 18, 12 and 13, to the corner of approximate elevation 3,110 feet; ∧Thence westerly, departing from the sections 11, 12, 13 and 14, T. 27 N., R. 14 Thence on an approximate forward bearing common boundary with Gates of the Arctic W., Fairbanks Meridian; of N. 9° E., to the summit of a mountain National Preserve (Unit Number 2) and Thence northerly, between sections 11 and located in sections 18 and 19, T. 35 N., R. continuing along the common boundary with 12, to the 1⁄4 section corner of sections 11 and 10 W., Fairbanks Meridian, approximate the National Park (Unit Number 1), between 12, T. 27 N., R. 14 W., Fairbanks Meridian; elevation 4,010 feet; Tps. 13 and 14 S., to the corner of sections Thence on an approximate forward bearing Thence northerly, along the crest of a ridge 4, 5, 32 and 33, Tps. 13 and 14 S., R. 3 E., of N. 25° W., to the summit of a mountain between the Dietrich River drainage and Big Umiat Meridian;

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∧Thence southerly, departing from the ∧ Thence easterly, on the east and west to the southeast 1/16 section corner of common boundary with Gates of the Arctic centerline of the south 1⁄2 of section 23, to the section 34, T. 15 S., R. 5 E., Umiat Meridian; National Park (Unit Number 1), between southeast 1/16 section corner of section 23, ∧ Thence southerly, on the north and south sections 4 and 5, 8 and 9, 16 and 17, 20 and T. 15 S., R. 3 E., Umiat Meridian; centerlines of the southeast 1⁄4 of section 34, 21, 28 and 29, to the corner of sections 28, ∧ Thence southerly, on the north and south and the northeast 1⁄4 of section 3, to the 29, 32 and 33, T. 14 S., R. 3 E., Umiat centerline of the southeast 1⁄4 of section 23, northeast 1/16 section corner of section 3, T. Meridian; to the east 1/16 section corner of sections 23 16 S., R. 5 E., Umiat Meridian; ∧Thence westerly, between sections 29 and and 26, T. 15 S., R. 3 E., Umiat Meridian; ∧ Thence westerly, on the east and west 32, to the corner of sections 29, 30, 31 and ∧ Thence easterly, between sections 23 and centerline of the northeast 1⁄4 section 3, to the 32, T. 14 S., R. 3 E., Umiat Meridian; 26, 24 and 25, to the 1⁄4 section corner of center-north 1/16 section corner of section 3, ∧Thence southerly, between sections 31 sections 24 and 25, T. 15 S., R. 3 E., Umiat T. 16 S., R. 5 E., Umiat Meridian; and 32, to the corner of sections 5, 6, 31 and Meridian; ∧ Thence southerly, on the north and south 32, Tps. 14 and 15 S., R. 3 E., Umiat ∧ Thence northerly, on the north and south centerlines of sections 3 and 10, to the 1⁄4 Meridian; centerline of section 24, to the center-south section corner of sections 10 and 15, T. 16 ∧Thence westerly, between Tps. 14 and 15 1/16 section corner of section 24, T. 15 S., S., R. 5 E., Umiat Meridian; S., to the corner of Tps. 14 and 15 S., Rs. 2 R. 3 E., Umiat Meridian; ∧ Thence westerly, between sections 10 and 3 E., Umiat Meridian; ∧ Thence easterly, on the east and west and 15, 9 and 16, 8 and 17, 7 and 18, to the ∧ Thence southerly, between Rs. 2 and 3 E., centerline of the southeast 1⁄4 of section 24, corner of sections 7, 12, 13 and 18, T. 16 S., to the corner of sections 7, 12, 13 and 18, T. to the south 1/16 section corner of sections Rs. 4 and 5 E., Umiat Meridian; 15 S., Rs. 2 and 3 E., Umiat Meridian; 19 and 24, T. 15 S., Rs. 3 and 4 E., Umiat ∧ Thence southerly, between Rs. 4 and 5 E., ∧ Thence easterly, between sections 7 and Meridian; to the corner of sections 13, 18, 19 and 24, 18, to the west 1/16 section corner of sections ∧ Thence northerly, between Rs. 3 and 4 E., T. 16 S., Rs. 4 and 5 E., Umiat Meridian; ∧ 7 and 18, T. 15 S., R. 3 E., Umiat Meridian; to the 1⁄4 section corner of sections 19 and 24, Thence westerly, between sections 13 ∧ Thence southerly, on the north and south T. 15 S., Rs. 3 and 4 E., Umiat Meridian; and 24, 14 and 23, 15 and 22, 16 and 21, 17 1 centerline of the northwest ⁄4 of section 18, ∧ Thence easterly, on the east and west and 20, 18 and 19, to the corner of sections to the northwest 1/16 section corner of 1 13, 18, 19 and 24, T. 16 S., Rs. 3 and 4 E., centerline of section 19, to the center ⁄4 section 18, T. 15 S., R. 3 E., Umiat Meridian; section corner of section 19, T. 15 S., R. 4 E., Umiat Meridian; ∧ Thence easterly, on the east and west Thence southerly, between Rs. 3 and 4 E., 1 Umiat Meridian; centerline of the northwest ⁄4 of section 18, ∧ Thence northerly, on the north and south to the corner of sections 25, 30, 31 and 36, to the center-north 1/16 section corner of T. 16 S., Rs. 3 and 4 E., Umiat Meridian; centerline of section 19, to the 1⁄4 section section 18, T. 15 S., R. 3 E., Umiat Meridian; corner of sections 18 and 19, T. 15 S., R. 4 Thence westerly, between sections 25 and ∧ Thence southerly, on the north and south 36, 26 and 35, 27 and 34, 28 and 33, 29 and E., Umiat Meridian; centerline of section 18, to the center 1⁄4 32, 30 and 31, to the corner of sections 25, ∧ Thence easterly, between sections 18 and section corner of section 18, T. 15 S., R. 3 E., 30, 31 and 36, T. 16 S., Rs. 2 and 3 E., Umiat 19, 17 and 20, 16 and 21, 15 and 22, 14 and Umiat Meridian; Meridian; 23, 13 and 24, to the corner of sections 13, ∧ Thence easterly, on the east and west ∧ Thence southerly, between Rs. 2 and 3 E., centerline of section 18, to the center-east 1/ 18, 19 and 24, T. 15 S., Rs. 4 and 5 E., Umiat to the corner of Tps. 16 and 17 S., Rs. 2 and Meridian; 16 section corner of section 18, T. 15 S., R. ∧ 3 E., Umiat Meridian; 3 E., Umiat Meridian; Thence southerly, between Rs. 4 and 5 E., ∧ Thence westerly, between Tps. 16 and 17 ∧ Thence southerly, on the north and south to the south 1/16 section corner of sections S., to the corner of Tps. 16 and 17 S., Rs. 1 19 and 24, T. 15 S., Rs. 4 and 5 E., Umiat centerline of the southeast 1⁄4 of section 18, and 2 E., Umiat Meridian; Meridian; to the southeast 1/16 section corner of ∧ Thence northerly, between Rs. 1 and 2 E., section 18, T. 15 S., R. 3 E., Umiat Meridian; Thence easterly, on the east and west to the corner of sections 1, 6, 7 and 12, T. 1 ∧ Thence easterly, on the east and west centerline of the southwest ⁄4 of section 19, 16 S., Rs. 1 and 2 E., Umiat Meridian; to the center-south 1/16 section corner of centerlines of the southeast 1⁄4 of section 18, Thence westerly, between sections 1 and 1 1 section 19, T. 15 S., R. 5 E., Umiat Meridian; the south ⁄2 of section 17, and the south ⁄2 ∧ 12, 2 and 11, to the corner of sections 2, 3, of section 16, to the southeast 1/16 section Thence southerly, on the north and south 10 and 11, T. 16 S., R. 1 E., Umiat Meridian; 1 corner of section 16, T. 15 S., R. 3 E., Umiat centerline of section 19, to the ⁄4 section Thence southerly, between sections 10 and Meridian; corner of sections 19 and 30, T. 15 S., R. 5 11, to the corner of sections 10, 11, 14 and ∧ Thence southerly, on the north and south E., Umiat Meridian; 15, T. 16 S., R. 1 E., Umiat Meridian; ∧ centerline of the southeast 1⁄4 of section 16, Thence easterly, between sections 19 and Thence westerly, between sections 10 and to the east 1/16 section corner of sections 16 30, 20 and 29, 21 and 28, to the west 1/16 15, to the corner of sections 9, 10, 15 and 16, and 21, T. 15 S., R. 3 E., Umiat Meridian; section corner of sections 21 and 28, T. 15 T. 16 S., R. 1 E., Umiat Meridian; ∧ Thence easterly, between sections 16 and S., R. 5 E., Umiat Meridian; Thence southerly, between sections 15 and ∧ 21, 15 and 22, to the west 1/16 section corner Thence southerly, on the north and south 16, 21 and 22, to the corner of sections 21, of sections 15 and 22, T. 15 S., R. 3 E., Umiat centerline of the northwest 1⁄4 of section 28, 22, 27 and 28, T. 16 S., R. 1 E., Umiat Meridian; to the center-west 1/16 section corner of Meridian; ∧ Thence southerly, on the north and south section 28, T. 15 S., R. 5 E., Umiat Meridian; Thence westerly, between sections 21 and ∧ centerline of the northwest 1⁄4 of section 22, Thence easterly, on the the east and west 28, to the corner of sections 20, 21, 28 and to the northwest 1/16 section corner of centerline of section 28, to the center 1⁄4 29, T. 16 S., R. 1 E., Umiat Meridian; section 22, T. 15 S., R. 3 E., Umiat Meridian; section corner of section 28, T. 15 S., R. 5 E., Thence northerly, between sections 20 and ∧ Thence easterly, on the east and west Umiat Meridian; 21, to the corner of sections 16, 17, 20 and ∧ centerline of the northwest 1⁄4 of section 22, Thence southerly, on the north and south 21, T. 16 S., R. 1 E., Umiat Meridian; to the center-north 1/16 section corner of centerline of section 28, to the center-south Thence westerly, between sections 17 and section 22, T. 15 S., R. 3 E., Umiat Meridian; 1/16 section corner of section 28, T. 15 S., 20, to the corner of sections 17, 18, 19 and ∧ Thence southerly, on the north and south R. 5 E., Umiat Meridian; 20, T. 16 S., R. 1 E., Umiat Meridian; ∧ centerline of section 22, to the center 1⁄4 Thence easterly, on the centerlines of the ∧ Thence southerly, between sections 19 section corner of section 22, T. 15 S., R. 3 E., southeast 1⁄4 of section 28, and the south 1⁄2 and 20, 29 and 30, 31 and 32 to the corner Umiat Meridian; of section 27, to the south 1/16 section corner of sections 5, 6, 31 and 32, Tps. 16 and 17 ∧ Thence easterly, on the east and west of sections 26 and 27, T. 15 S., R. 5 E., Umiat S., R. 1 E., Umiat Meridian; centerlines of sections 22 and 23, to the Meridian; ∧ Thence westerly, between Tps. 16 and 17 center-west 1/16 section corner of section 23, ∧ Thence southerly, between sections 26 S., to the corner of Tps. 16 and 17 S., Rs. 1 T. 15 S., R. 3 E., Umiat Meridian; and 27, 34 and 35, to the south 1/16 section E. and 1 W., Umiat Meridian; ∧ Thence southerly, on the north and south corner of sections 34 and 35, T. 15 S., R. 5 ∧ Thence northerly, between Rs. 1 E. and centerline of the southwest 1⁄4 of section 23, E., Umiat Meridian; 1 W., to the corner of sections 25, 30, 31 and to the southwest 1/16 section corner of ∧ Thence westerly, on the east and west 36, T. 16 S., Rs. 1 E. and 1 W., Umiat section 23, T. 15 S., R. 3 E., Umiat Meridian; centerline of the southeast 1⁄4 of section 34, Meridian;

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Thence westerly, between sections 25 and the 1/4 section corner of sections 34 and 35, ∧Thence northerly, between Rs. 3 and 4 36, to the corner of sections 25, 26, 35 and T. 15 S., R. 1 W., Umiat Meridian; W., to the north corner of T. 13 S., Rs. 3 and 36, T. 16 S., R. 1 W., Umiat Meridian; ∧Thence northerly, between sections 34 4 W., Umiat Meridian; Thence southerly, between sections 35 and and 35, 26 and 27, to the corner of sections ∧Thence westerly, along the Third 36, to the corner of sections 1, 2, 35 and 36, 22, 23, 26 and 27, T. 15 S., R. 1 W., Umiat Standard Parallel South, along a common Tps. 16 and 17 S., R. 1 W., Umiat Meridian; Meridian; boundary with Gates of the Arctic National Thence westerly, between Tps. 16 and 17 Thence westerly, between sections 22 and Park (Unit Number 1), to the south corner of S., to the corner of sections 2, 3, 34 and 35, 27, 21 and 28, to the corner of sections 20, sections 34 and 35, T. 12 S., R. 4 W., Umiat Tps. 16 and 17 S., R. 1 W., Umiat Meridian; 21, 28 and 29, T. 15 S., R. 1 W., Umiat Meridian; Thence southerly, between sections 2 and Meridian; Thence northerly, between sections 34 and 3, to the south corner of sections 2 and 3, on Thence northerly, between sections 20 and 35, 26 and 27, 22 and 23, to the corner of the boundary of the Umiat Meridian, T. 17 21, to the corner of sections 16, 17, 20 and sections 14, 15, 22 and 23, T. 12 S., R. 4 W., S., R. 1 W.; 21, T. 15 S., R. 1 W., Umiat Meridian; Umiat Meridian; Thence westerly, between the Umiat and ∧Thence westerly, between sections 17 and Thence westerly, between sections 15 and Fairbanks Meridians, to the south corner of 20, 18 and 19, 13 and 24, to the corner of 22, 16 and 21, 17 and 20, 18 and 19, to the sections 4 and 5, T. 17 S., R. 1 W., Umiat sections 13, 14, 23 and 24, T. 15 S., R. 2 W., corner of sections 13, 18, 19 and 24, T. 12 Meridian; Umiat Meridian; S., Rs. 4 and 5 W., Umiat Meridian; Thence northerly, between sections 4 and ∧Thence northerly, between sections 13 Thence northerly, between Rs. 4 and 5 W., 5, 32 and 33, to the corner of sections 28, 29, and 14, to the corner of sections 11, 12, 13 to the corner of sections 13, 18, 19 and 24, 32 and 33, T. 16 S., R. 1 W., Umiat Meridian; and 14, T. 15 S., R. 2 W., Umiat Meridian; T. 11 S., Rs. 4 and 5 W., Umiat Meridian; ∧ Thence westerly, between sections 29 ∧Thence westerly, between sections 11 and Thence westerly, between sections 13 and and 32, 30 and 31, 25 and 36, 26 and 35, to 14, 10 and 15, 9 and 16, 8 and 17, to the 24, 14 and 23, 15 and 22, 16 and 21, 17 and the corner of sections 26, 27, 34 and 35, T. corner of sections 7, 8, 17 and 18, T. 15 S., 20, 18 and 19, 13 and 24, 14 and 23, 15 and 16 S., R. 2 W., Umiat Meridian; R. 2 W., Umiat Meridian; 22, 16 and 21, 17 and 20, 18 and 19, 13 and ∧ ∧ Thence southerly, between sections 34 Thence northerly, between sections 7 and 24, 14 and 23, 15 and 22, to the corner of and 35, to the corner of sections 2, 3, 34 and 8, to the corner of sections 5, 6, 7 and 8, T. sections 15, 16, 21 and 22, T. 11 S., R. 7 W., 35, Tps. 16 and 17 S., R. 2 W., Umiat 15 S., R. 2 W., Umiat Meridian; Umiat Meridian; Meridian; ∧Thence westerly, between sections 6 and ∧ Thence southerly, between sections 21 and Thence westerly, between Tps. 16 and 17 7, to the corner of sections 1, 6, 7 and 12, T. 22, 27 and 28, 33 and 34, to the corner of S., to the corner of sections 1, 2, 35 and 36, 15 S., Rs. 2 and 3 W., Umiat Meridian; sections 3, 4, 33 and 34, Tps. 11 and 12 S., Tps. 16 and 17 S., R. 3 W., Umiat Meridian; ∧Thence northerly, between Rs. 2 and 3 ∧ R. 7 W., Umiat Meridian; Thence northerly, between sections 35 W., to the corner of Tps. 14 and 15 S., Rs. Thence westerly, between Tps. 11 and 12 2 and 3 W., Umiat Meridian; and 36, 25 and 26, 23 and 24, 13 and 14, 11 S., to the corner of Tps. 11 and 12 S., Rs. 7 and 12, to the corner of sections 1, 2, 11 and ∧Thence westerly, between Tps. 14 and 15 and 8 W., Umiat Meridian; 12, T. 16 S., R. 3 W., Umiat Meridian; S., to the corner of sections 4, 5, 32 and 33, Thence southerly, between Rs. 7 and 8 W., ∧Thence easterly, between sections 1 and Tps. 14 and 15 S., R. 3 W., Umiat Meridian; to the corner of sections 19, 24, 25 and 30, 12, to the corner of sections 1, 6, 7 and 12, ∧Thence southerly, between sections 4 and T. 12 S., Rs. 7 and 8 W., Umiat Meridian; T. 16 S., Rs. 2 and 3 W., Umiat Meridian; 5, to the 1/4 section corner of sections 4 and Thence westerly, between sections 24 and ∧Thence southerly, between Rs. 2 and 3 5, T. 15 S., R. 3 W., Umiat Meridian; 25, 23 and 26, 22 and 27, 21 and 28, 20 and W., to the corner of sections 13, 18, 19 and ∧Thence westerly, on the east and west 24, T. 16 S., Rs. 2 and 3 W., Umiat Meridian; centerlines of sections 5, 6, 1 and 2, to the 29, 19 and 30, 24 and 25, 23 and 26, 22 and ∧Thence easterly, between sections 18 and 1/4 section corner of sections 2 and 3, T. 15 27, 21 and 28, 20 and 29, 19 and 30, 24 and 19, to the corner of sections 17, 18, 19 and S., R. 4 W., Umiat Meridian; 25, 23 and 26, 22 and 27, 21 and 28, 20 and 20, T. 16 S., R. 2 W., Umiat Meridian; ∧Thence northerly, between sections 2 and 29, 19 and 30, to the corner of sections 19, ∧Thence southerly, between sections 19 3, to the corner of sections 2, 3, 34 and 35, 24, 25 and 30, T. 12 S., Rs. 10 and 11 W., and 20, to the 1/4 section corner of sections Tps. 14 and 15 S., R. 4 W., Umiat Meridian; Umiat Meridian; 19 and 20, T. 16 S., R. 2 W., Umiat Meridian; ∧Thence westerly, between Tps. 14 and 15 Thence southerly, between Rs. 10 and 11 ∧Thence easterly, on the east and west S., to the corner of sections 3, 4, 33 and 34, W., to the south corner of T. 12 S., Rs. 10 and centerlines of sections 20, 21, 22, 23 and 24, Tps. 14 and 15 S., R. 4 W., Umiat Meridian; 11 W., on the boundary of the Umiat to the center 1/4 section corner of section 24, ∧Thence northerly, between sections 33 Meridian; T. 16 S., R. 2 W., Umiat Meridian; and 34, 27 and 28, 21 and 22, to the corner Thence westerly, between the Umiat and ∧Thence northerly, on the north and south of sections 15, 16, 21 and 22, T. 14 S., R. 4 Kateel River Meridians, to the north corner centerline of section 24, to the 1/4 section W., Umiat Meridian; of T. 34 N., Rs. 18 and 19 E., Kateel River corner of sections 13 and 24, T. 16 S., R. 2 ∧Thence easterly, between sections 15 and Meridian; ∧ W., Umiat Meridian; 22, to the corner of sections 14, 15, 22 and Thence southerly, between Rs. 18 and 19 ≤ ∧Thence easterly, between sections 13 and 23, T. 14 S., R. 4 W., Umiat Meridian; E., to the 1/4 section corner of sections 7 24, to the corner of sections 13, 18, 19 and ∧Thence northerly, between sections 14 and 12, T. 34 N., Rs. 18 and 19 E., Kateel 24, T. 16 S., Rs. 1 and 2 W., Umiat Meridian; and 15, 10 and 11, to the corner of sections River Meridian; ∧ ∧Thence northerly, between Rs. 1 and 2 2, 3, 10 and 11, T. 14 S., R. 4 W., Umiat Thence westerly, on the east and west W., to the corner of sections 1, 6, 7 and 12, Meridian; centerline of section 12, to the center-west 1/ T. 16 S., Rs. 1 and 2 W., Umiat Meridian; ∧Thence easterly, between sections 2 and 16 section corner of section 12, T. 34 N., R. ∧Thence westerly, between sections 1 and 11, to the corner of sections 1, 2, 11 and 12, 18 E. Kateel River Meridian; 12, 2 and 11, to the corner of sections 2, 3, T. 14 S., R. 4 W., Umiat Meridian; ∧Thence northerly, on the north and south 10 and 11, T. 16 S., R. 2 W., Umiat Meridian; ∧Thence northerly, between sections 1 and centerline of the northwest 1/4 of section 12, ∧Thence northerly, between sections 2 and 2, to the corner of sections 1, 2, 35 and 36, to the north corner of lots 3 and 4 of section 3, 34 and 35, to the corner of sections 26, 27, Tps. 13 and 14 S., R. 4 W., Umiat Meridian; 12, T. 34 N., R. 18 E., on the boundary of the 34 and 35, T. 15 S., R. 2 W., Umiat Meridian; ∧Thence easterly, between Tps. 13 and 14 Kateel River Meridian; ∧Thence easterly, between sections 26 and S., to the east 1/16 section corner of sections ∧Thence westerly, between Umiat and 35, 25 and 36, to the corner of sections 25, 1 and 36, Tps. 13 and 14 S., R. 4 W., Umiat Kateel River Meridians, to the south corner 30, 31 and 36, T. 15 S., Rs. 1 and 2 W., Umiat Meridian; of sections 25 and 26, T. 12 S., R. 12 W., Meridian; ∧Thence northerly, on the north and south Umiat Meridian; ∧Thence southerly, between Rs. 1 and 2 centerline of the east 1/2 of section 36, to the ∧Thence northerly, between sections 25 W., to the 1/4 section corner of sections 31 east 1/16 section corner of sections 25 and and 26, to the corner of sections 23, 24, 25 and 36, T. 15 S., Rs. 1 and 2 W., Umiat 36, T. 13 S., R. 4 W., Umiat Meridian; and 26, T. 12 S., R. 12 W., Umiat Meridian; Meridian; ∧Thence easterly, between sections 25 and ∧Thence westerly, between sections 23 and ∧Thence easterly, on the east and west 36, to the corner of sections 25, 30, 31 and 26, to the 1/4 section corner of sections 23 centerlines of sections 31, 32, 33 and 34, to 36, T. 13 S., Rs. 3 and 4 W., Umiat Meridian; and 26, T. 12 S., R. 12 W., Umiat Meridian;

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∧Thence northerly, on the north and south ridge located in section 3, T. 30 N., R. 13 E., Thence easterly, southerly, easterly and centerline of section 23, to the center 1/4 Kateel River Meridian, approximate elevation southerly along the divide between the section corner of section 23, T. 12 S., R. 12 3,250 feet; Ambler and Imelyak Rivers to the summit of W., Umiat Meridian; Thence southwesterly and westerly, along a ridge located in the southern half of section ∧Thence westerly, on the east and west the crest of a ridge between the drainages of 19, T. 25 N., R. 9 E., Kateel River Meridian, centerlines of sections 23 and 22, to the 1/ Midas Creek and Mountain Creek, to the approximate elevation 3,600 feet; 4 section corner of sections 21 and 22, T. 12 summit of a mountain located in section 21, Thence southerly, along the divide S., R. 12 W., Umiat Meridian; T. 30 N., R. 12 E., Kateel River Meridian, between tributaries of the Ambler River, to a ∧Thence southerly, between sections 21 approximate elevation 4,021 feet; point between sections 9 and 16, T. 24 N., and 22, 27 and 28, to the south corner of Thence on an approximate forward bearing R. 9 E., Kateel River Meridian, approximate sections 27 and 28, T. 12 S., R. 12 W., on the of S. 87° W., to the summit of a hill located elevation 2,800 feet; boundary of the Umiat Meridian; in section 24, T. 30 N., R. 11 E., Kateel River Thence easterly, between sections 9 and ∧Thence westerly, between the Kateel Meridian, approximate elevation 3,473 feet; 16, 10 and 15, 11 and 14, to the crest of a River and Umiat Meridians, to the north Thence northwesterly, along the crest of a ridge between sections 11 and 14, T. 24 N., corner of lots 2 and 3 of section 9, T. 34 N., ridge to the summit of a mountain located in R. 9 E., Kateel River Meridian, approximate R. 18 N., Kateel River Meridian; sections 14 and 15, T. 30 N., R. 11 E., Kateel elevation 2,600 feet; ∧Thence southerly, on the north and south River Meridian, approximate elevation 4,100 Thence northeasterly, along the crest of a centerline of section 9, to the center 1/4 feet; ridge between the drainages of tributaries of section corner of section 9, T. 34 N., R. 18 Thence on an approximate forward bearing the Ambler River to the summit of a E., Kateel River Meridian; of S. 28° W., to the summit of a mountain mountain located in the northwesterly ∧Thence easterly, on the east and west located in section 22, T. 30 N., R. 11 E., portion of section 4, T. 24 N., R. 10 E., Kateel centerline of section 9, to the 1/4 section Kateel River Meridian, approximate elevation River Meridian, approximate elevation 3,609 corner of sections 9 and 10, T. 34 N., R. 18 3,202 feet; feet; E., Kateel River Meridian; Thence southwesterly, along the crest of a Thence on an approximate forward bearing ∧Thence southerly, between sections 9 and ridge between Douglas Creek and a tributary of east, to the summit of a mountain located 10, 15 and 16, to the 1/4 section corner of of the Noatak River, to the summit of a in the northwesterly portion of section 2, T. sections 15 and 16, T. 34 N., R. 18 E., Kateel mountain, located in sections 12 and 13, T. 24 N., R. 10 E., Kateel River Meridian, River Meridian; 29 N., R. 10 E., Kateel River Meridian, approximate elevation 4,499 feet; ∧Thence easterly, on the east and west approximate elevation 3,657 feet; Thence northeasterly, along the crest of a centerline of section 15, to the center 1/4 Thence due south, to a point on the right ridge between the drainages of Ulaneak section corner of section 15, T. 34 N., R. 18 bank of Douglas Creek located in section 24, Creek, Ambler and Ipnelivik Rivers, to the E., Kateel River Meridian; T. 29 N., R. 10 E., Kateel River Meridian; summit of a mountain located in section 27, ∧Thence southerly, on the north and south Thence southerly, along the right bank of T. 25 N., R. 11 E., Kateel River Meridian, centerline of section 15, to the 1/4 corner of Douglas Creek, to a point on the right bank approximate elevation 5,040 feet; sections 15 and 22, T. 34 N., R. 18 E., Kateel of Douglas Creek at the junction of the Thence on an approximate forward bearing River Meridian; Noatak River and Douglas Creek located in of S. 28° E., to the summit of a mountain ∧Thence easterly, between sections 15 and the northern portion of section 2, T. 28 N., located in sections 34 and 35, T. 25 N., R. 22, 14 and 23, to the 1/4 section corner of R. 10 E., Kateel River Meridian; 11 E., Kateel River Meridian, approximate sections 14 and 23, T. 34 N., R. 18 E., Kateel Thence on an approximate forward bearing elevation 4,600 feet; River Meridian; of S. 24° W., to the summit of a mountain Thence southerly, along the crest of a ridge ∧Thence southerly, on the north and south located in section 22, T. 28 N., R. 10 E., between the drainages of Ipnelivik River and centerline of section 23, to the 1/4 section Kateel River Meridian, approximate elevation Ulaneak Creek, to the summit of a mountain corner of sections 23 and 26, T. 34 N., R. 18 3,439 feet; located in sections 25 and 26, T. 24 N., R. E., Kateel River Meridian; Thence on an approximate forward bearing 11 E., Kateel River Meridian, approximate ∧Thence westerly, between sections 23 and of S. 51° W., to the summit of a small elevation 4,600 feet; 26, 22 and 27, 21 and 28, 20 and 29, 19 and mountain located in sections 28 and 29, T. Thence on an approximate forward bearing 30, 24 and 25, 23 and 26, 22 and 27, 21 and 28 N., R. 10 E., Kateel River Meridian, of S. 60° E., to the summit of a mountain 28, 20 and 29, 19 and 30, 24 and 25, 23 and approximate elevation 2,441 feet; located in section 31, T. 24 N., R. 12 E., 26, 22 and 27, 21 and 28, 20 and 29, 19 and Thence easterly, southerly and westerly, Kateel River Meridian, approximate elevation 30, to the corner of sections 19, 24, 25 and along the divide between the drainages of 5,076 feet; 30, T. 34 N., Rs. 15 and 16 E., Kateel River Kavachurak Creek and Tunukuchiak Creek Thence southerly, easterly and Meridian; and Ambler River, to the summit of a northeasterly, along the crest of a ridge, to the Thence northerly, between Rs. 15 and 16 mountain located in section 22, T. 26 N., R. summit of a mountain between sections 5 E., to the north corner of T. 34 N., Rs. 15 and 9 E., Kateel River Meridian, approximate and 32, Tps. 23 and 24 N., R. 12 E., Kateel 16 E., on the boundary of the Kateel River elevation 4,298 feet; River Meridian, approximate elevation 4,517 Meridian; Thence northerly, along the crest of the feet; Thence westerly, between the Kateel River spur ridge to the summit of a mountain Thence easterly, between Tps. 23 and 24 and Umiat Meridians, to a point of located in section 15, T. 26 N., R. 9 E., Kateel N., to the summit of a mountain between intersection between the western portion of River Meridian, approximate elevation 3,980 sections 4 and 33, Tps. 23 and 24 N., R. 12 section 10, T. 34 N., R. 14 E., Kateel River feet; E., Kateel River Meridian, approximate Meridian and section 27, T. 12 S., R. 16 W., Thence on an approximate forward bearing elevation 4,926 feet; Umiat Meridian, with a line projected due of N. 37° W., to the summit of a mountain Thence southerly, along the crest of a ridge north of a peak located in the western portion located in section 5, T. 26 N., R. 9 E., Kateel between the drainages of Kogoluktuk River, of section 26, T. 30 N., R. 14 E., Kateel River River Meridian, approximate elevation 4,625 to the summit of a mountain located in Meridian, approximate elevation 4,640 feet; feet; sections 34 and 35, T. 23 N., R. 12 E., Kateel Thence due south to a peak located along Thence southwesterly, along the divide River Meridian, approximate elevation 4,160 the crest of a divide between the drainages between the drainages of the Ambler and feet; of the Nigu and Noatak Rivers in the western Noatak Rivers, to the summit of a mountain Thence on an approximate forward bearing portion of section 26, T. 30 N., R. 14 E., located in sections 23 and 24, T. 26 N., R. of S. 20° E., to the summit of a mountain Kateel River Meridian, approximate elevation 8 E., Kateel River Meridian, approximate located in section 11, T. 22 N., R. 12 E., 4,640 feet; elevation 4,508 feet; Kateel River Meridian, approximate elevation Thence westerly, northerly and Thence on an approximate forward bearing 3,292 feet; northwesterly, along the crest of a divide of S. 11° W., to the summit of a mountain Thence southerly, easterly and between the drainages of the Nigu and located in section 35, T. 26 N., R. 8 E., Kateel southeasterly, along the crest of a ridge Noatak Rivers to a summit of a mountain River Meridian, approximate elevation 4,720 between the drainages of Kogoluktuk River located on a ridge at the junction with a spur feet; and Ivik Creek, to a point between sections

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2 and 35, Tps. 21 and 22 N., R. 13 E., Kateel ∧ Thence easterly, between sections 21 and ∧ Thence northerly, between sections 22 River Meridian; 28, 22 and 27, to the corner of sections 22, and 23, 14 and 15, to the 1/4 section corner Thence easterly, between Tps. 21 and 22 23, 26 and 27, T. 15 S., R. 1 E., Umiat of sections 14 and 15, T. 14 S., R. 1 E., Umiat N., to the corner of Tps. 21 and 22 N., Rs. Meridian; Meridian; 18 and 19 E., Kateel River Meridian; ∧ Thence northerly, between sections 22 ∧ Thence westerly, on the east and west Thence southerly, between Rs. 18 and 19 and 23, 14 and 15, to the corner of sections centerlines of sections 15 and 16, to the 1/ E., to the south corner of T. 21 N., Rs. 18 and 10, 11, 14 and 15, T. 15 S., R. 1 E., Umiat 4 section corner of sections 16 and 17, T. 14 19 E., Kateel River Meridian; Meridian; S., R. 1 E., Umiat Meridian; Thence westerly, along the Fifth Standard ∧ Thence westerly, between sections 10 ∧ Thence northerly, between sections 16 Parallel North, to the north corner of T. 20 and 15, 9 and 16, to the corner of sections and 17, 8 and 9, to the 1/4 section corner of N., Rs. 18 and 19 E., Kateel River Meridian; 8, 9, 16 and 17, T. 15 S., R. 1 E., Umiat sections 8 and 9, T. 14 S., R. 1 E., Umiat Thence southerly, between Rs. 18 and 19 Meridian; Meridian; ∧ E., to the corner of sections 19, 24, 25 and Thence northerly, between sections 8 and ∧ Thence westerly, on the east and west 30, T. 20 N., Rs. 18 and 19 E., Kateel River 9, to the corner of sections 4, 5, 8 and 9, T. centerlines of sections 8, 7, 12 and 11, to the Meridian, the place of beginning. 15 S., R. 1 E., Umiat Meridian; 1/4 section corner of sections 10 and 11, T. ∧ Thence westerly, between sections 5 and 14 S., R. 1 W., Umiat Meridian; (2) Unit Number 2 8, 6 and 7, to the corner of sections 1, 6, 7 ∧ Thence northerly, between sections 10 Beginning at the corner of sections 13, 18, and 12, T. 15 S., Rs. 1 E. and 1 W., Umiat and 11, to the corner of sections 2, 3, 10 and 19 and 24, T. 11 S., Rs. 2 and 3 W., Umiat Meridian; 11, T. 14 S., R. 1 W., Umiat Meridian; ∧ Meridian; Thence northerly, between Rs. 1 E. and ∧ Thence westerly, between sections 3 and Thence northerly, between Rs. 2 and 3 W., 1 W., to the 1/4 section corner of sections 1 10, 4 and 9, 5 and 8, to the west 1/16 section along a common boundary with Gates of the and 6, T. 15 S., Rs. 1 E. and 1 W., Umiat corner of sections 5 and 8, T. 14 S., R. 1 W., Meridian; Umiat Meridian; Arctic National Park (Unit Number 2), to the ∧ corner of Tps. 9 and 10 S., Rs. 2 and 3 W., Thence westerly, on the east and west ∧ Thence northerly, on the north and south centerline of section 1, to the 1/4 section 1 Umiat Meridian; centerline of the west ⁄2 of section 5, to the Thence westerly, between Tps. 9 and 10 S., corner of sections 1 and 2, T. 15 S., R. 1 W., west 1/16 section corner of sections 5 and 32, Umiat Meridian; to the corner of Tps. 9 and 10 S., Rs. 3 and Tps. 13 and 14 S., R. 1 W., Umiat Meridian; ∧ Thence northerly, between sections 1 and 4 W., Umiat Meridian; ∧ Thence easterly, between Tps. 13 and 14 2, 35 and 36, to the corner of sections 25, 26, Thence northerly, between Rs. 3 and 4 W., W., to the 1/4 section corner of sections 5 and 35 and 36, T. 14 S., R. 1 W., Umiat Meridian; to the corner of sections 13, 18, 19 and 24, ∧ 32, Tps. 13 and 14 S., R. 1 W., Umiat Thence easterly, between sections 25 and Meridian; T. 9 S., Rs. 3 and 4 W., Umiat Meridian; 36, to the 1/4 section corner of sections 25 ∧ Thence northerly, on the north and south Thence westerly, between sections 13 and and 36 T. 14 S., R. 1 W., Umiat Meridian; centerline of section 32, to the 1/4 section 24, 14 and 23, 15 and 22, 16 and 21, 17 and ∧ Thence northerly, on the north and south corner of sections 29 and 32, T. 13 S., R. 1 20, 18 and 19, 13 and 24, 14 and 23, 15 and centerline of section 25, to the center 1/4 22, to the corner of sections 15, 16, 21 and W., Umiat Meridian; section corner of section 25, T. 14 S., R. 1 W., ∧ 22, T. 9 S., R. 5 W., Umiat Meridian; Umiat Meridian; Thence westerly, between sections 29 Thence southerly, between sections 21 and ∧ Thence easterly, on the east and west and 32, 30 and 31, along a common boundary 22, 27 and 28, 33 and 34, 3 and 4, 9 and 10, centerlines of sections 25 and 30, to the 1/ with Gates of the Arctic National Park (Unit 15 and 16, to the corner of sections 15, 16, 4 section corner of sections 29 and 30, T. 14 Number 1) to the corner of sections 25, 30, 21 and 22, T. 10 S., R. 5 W., Umiat Meridian; S., R. 1 E., Umiat Meridian; 31 and 36, T. 13 S., Rs. 1 and 2 W., Umiat Thence easterly, between sections 15 and ∧ Thence southerly, between sections 29 Meridian; 22, 14 and 23, 13 and 24, to the corner of and 30, 31 and 32, to the 1/4 section corner Thence northerly, between Rs. 1 and 2 W., sections 13, 18, 19 and 24, T. 10 S., Rs. 4 and of sections 31 and 32, T. 14 S., R. 1 E., Umiat to the north corner of T. 13 S., Rs. 1 and 2 5 W., Umiat Meridian; Meridian; W., Umiat Meridian; Thence southerly, between Rs. 4 and 5 W., ∧ Thence easterly, on the east and west Thence westerly, along the Third Standard to the corner of Tps. 10 and 11 S., Rs. 4 and centerline of section 32, to the 1/4 section Parallel South, to the south corner of T. 12 5 W., Umiat Meridian; corner of sections 32 and 33, T. 14 S., R. 1 S., Rs. 1 and 2 W., Umiat Meridian; Thence easterly, between Tps. 10 and 11 E., Umiat Meridian; Thence northerly, between Rs. 1 and 2 W., S., to the corner of sections 4, 5, 32 and 33, ∧ Thence southerly, between sections 32 to the corner of sections 13, 18, 19 and 24, Tps. 10 and 11 S., R. 4 W., Umiat Meridian; and 33, to the corner of sections 4, 5, 32 and T. 12 S., Rs. 1 and 2 W., Umiat Meridian; Thence southerly, between sections 4 and 33, Tps. 14 and 15 S., R. 1 E., Umiat Thence westerly, between sections 13 and 5, 8 and 9, 16 and 17, to the corner of Meridian; 24, 14 and 23, 15 and 22, 16 and 21, 17 and sections 16, 17, 20 and 21, T. 11 S., R. 4 W., ∧ Thence easterly, between Tps. 14 and 15 20, 18 and 19, to the corner of sections 13, Umiat Meridian; S., to the corner of sections 3, 4, 33 and 34, 18, 19 and 24, T. 12 S., Rs. 2 and 3 W., Umiat Thence easterly, between sections 16 and Tps. 14 and 15 S., R. 1 E., Umiat Meridian; Meridian; 21, 15 and 22, 14 and 23, 13 and 24, 18 and ∧ Thence southerly, between sections 3 and Thence southerly, between Rs. 2 and 3 W., 19, 17 and 20, 16 and 21, 15 and 22, 14 and 4, to the 1/4 section corner of sections 3 and to the corner of sections 25, 30, 31 and 36, 23, 13 and 24 to the corner of sections 13, 4, T. 15 S., R. 1 E., Umiat Meridian; T. 12 S., Rs. 2 and 3 W., Umiat Meridian; 18, 19 and 24, T. 11 S., Rs. 2 and 3 W., Umiat ∧ Thence easterly, on the east and west Thence westerly, between sections 25 and Meridian, the place of beginning. centerline of section 3, to the 1/4 section 36, to the corner of sections 25, 26, 35 and corner of sections 2 and 3, T. 15 S., R. 1 E., 36, T. 12 S., R. 3 W., Umiat Meridian; (3) Unit Number 3 Umiat Meridian; Thence southerly, between sections 35 and Beginning at the corner of sections 19, 24, ∧ Thence southerly, between sections 2 and 36, to the south corner of sections 35 and 36, 25 and 30, T. 15 S., Rs. 1 E. and 1 W., Umiat 3, to the corner of sections 2, 3, 10 and 11, T. 12 S., R. 3 W., Umiat Meridian; Meridian; T. 15 S., R. 1 E., Umiat Meridian; Thence easterly, departing from the ∧ Thence southerly, between Rs. 1 E and 1 ∧ Thence easterly, between sections 2 and common boundary with Gates of the Arctic W., to the corner of sections 25, 30, 31 and 11, 1 and 12, to the corner of sections 1, 6, National Park (Unit Number 1), along the 36, T. 15 S., Rs. 1 E. and 1 W., Umiat 7 and 12, T. 15 S., Rs. 1 and 2 E., Umiat Third Standard Parallel South, to the north Meridian; Meridian; corner of sections 1 and 2, T. 13 S., R. 3 W., ∧ Thence easterly, between sections 30 and ∧ Thence northerly, between Rs. 1 and 2 E., Umiat Meridian; 31, 29 and 32, to the corner of sections 28, to the corner of sections 19, 24, 25 and 30, Thence southerly, between sections 1 and 29, 32 and 33, T. 15 S., R. 1 E., Umiat T. 14 S., Rs. 1 and 2 E., Umiat Meridian; 2, to the corner of sections 1, 2, 11 and 12, Meridian; ∧ Thence westerly, between sections 24 T. 13 S., R. 3 W., Umiat Meridian; ∧ Thence northerly, between sections 28 and 25, 23 and 26, to the corner of sections Thence westerly, between sections 2 and and 29, to the corner of sections 20, 21, 28 22, 23, 26 and 27, T. 14 S., R. 1 E., Umiat 11, 3 and 10, to the corner of sections 3, 4, and 29, T. 15 S., R. 1 E., Umiat Meridian; Meridian; 9 and 10, T. 13 S., R. 3 W., Umiat Meridian;

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∧ Thence southerly, between sections 9 and SUMMARY: To comply with the information collection online at http:// 10, 15 and 16, 21 and 22, 27 and 28, 33 and Paperwork Reduction Act of 1995 www.reginfo.gov/public/PRAMain. 34, to the corner of sections 3, 4, 33 and 34, (PRA), we are inviting comments on a SUPPLEMENTARY INFORMATION: Tps. 13 and 14 S., R. 3 W., Umiat Meridian; collection of information requests that ∧ Thence westerly, between Tps. 13 and 14 Title: 30 CFR parts 1202, 1206, and S., to the corner of sections 4, 5, 32 and 33, we will submit to the Office of 1207, Indian Oil and Gas Valuation. Tps. 13 and 14 S., R. 3 W., Umiat Meridian; Management and Budget (OMB) for OMB Control Number: 1012–0002. ∧ Thence southerly, between sections 4 and review and approval. The OMB formerly Bureau Form Number: Forms MMS– 5, to the corner of sections 4, 5, 8 and 9, T. approved this information collection 4109, MMS–4110, MMS–4295, MMS– 14 S., R. 3 W., Umiat Meridian; request (ICR) under OMB Control 4410, and MMS–4411. ∧ Thence on an approximate forward Number 1010–0103. After the Secretary bearing of S. 45° W., to the corner of sections Note: The ONRR will publish a rule of the Department of the Interior updating our form numbers to Forms ONRR– 7, 8, 17 and 18, T. 14 S., R. 3 W., Umiat established ONRR (the former Minerals Meridian; 4109, ONRR–4110, ONRR–4295, ONRR– ∧ Thence southerly, between sections 17 Revenue Management, a program under 4410, and ONRR–4411. and 18, 19 and 20, to the corner of sections the Minerals Management Service) on Abstract: The Secretary of the U.S. 19, 20, 29 and 30, T. 14 S., R. 3 W., Umiat October 1, 2010, OMB approved a new Department of the Interior is responsible Meridian; series number for ONRR and for mineral resource development on Thence easterly, between sections 20 and renumbered our ICRs. This ICR covers Federal and Indian lands and the Outer 29, 21 and 28, 22 and 27, 23 and 26, 24 and the paperwork requirements in the 25, 19 and 30, 20 and 29, to the corner of Continental Shelf (OCS). The Secretary regulations under title 30, Code of is required by various laws to manage sections 20, 21, 28 and 29, T. 14 S., R. 2 W., Federal Regulations (CFR), parts 1202, Umiat Meridian; mineral resource production on Federal Thence southerly, between sections 28 and 1206, and 1207 (previously 30 CFR parts and Indian lands and the OCS, collect 29, 32 and 33, to the corner of sections 4, 5, 202, 206, and 207). The revised title of the royalties and other mineral revenues 32 and 33, Tps. 14 and 15 S., R. 2 W., Umiat this ICR is ‘‘30 CFR Parts 1202, 1206, due, and distribute the funds in Meridian; and 1207, Indian Oil and Gas accordance with those laws. Applicable Thence easterly, between Tps. 14 and 15 Valuation.’’ There are five forms laws pertaining to mineral leases on S., to the corner of Tps. 14 and 15 S., Rs. 1 associated with this information Federal and Indian lands and the OCS and 2 W., Umiat Meridian; collection. ONRR published this notice Thence southerly, between Rs. 1 and 2 W., are posted on our Web site at http:// on December 8th, 2011, at 76 FR 76746, www.onrr.gov/Laws_R_D/ to the corner of sections 1, 6, 7 and 12, T. with an incorrect due date for 15 S., Rs. 1 and 2 W., Umiat Meridian; PublicLawsAMR.htm. Thence easterly, between sections 6 and 7, comments. This revised notice amends The Secretary also has a trust 5 and 8, 4 and 9, 3 and 10, to the corner of the due date. responsibility to manage Indian lands sections 2, 3, 10 and 11, T. 15 S., R. 1 W., DATES: Submit written comments on or and seek advice and information from Umiat Meridian; before February 13, 2012. Indian beneficiaries. The ONRR Thence southerly, between sections 10 and performs the minerals revenue 11, to the corner of sections 10, 11, 14 and ADDRESSES: You may submit comments 15, T. 15 S., R. 1 W., Umiat Meridian; on this ICR to ONRR by any of the management functions and assists the Thence easterly, between sections 11 and following methods. Please use ‘‘ICR Secretary in carrying out the 14, 12 and 13, to the corner of sections 7, 12, 1012–0002’’ as an identifier in your Department’s trust responsibility for 13 and 18, T. 15 S., Rs. 1 E. and 1 W., Umiat comment. Indian lands. Indian tribes and Meridian; • Electronically go to http:// individual Indian mineral owners Thence southerly, between Rs. 1 E. and 1 www.regulations.gov. In the entry titled receive all royalties generated from their W., to the corner of sections 19, 24, 25 and ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– lands. Determining product valuation is 30, T. 15 S., Rs. 1 E. and 1 W., Umiat essential to ensure that Indian tribes and Meridian, the place of beginning. 2011–0021’’ and then click ‘‘Search.’’ Follow the instructions to submit public individual Indian mineral owners DATES: The effective date of this comments. The ONRR will post all receive payment on the full value of the boundary revision is November 12, comments. minerals removed from their lands. 1996. • Mail comments to Armand Failure to collect the data described in this information collection could result Dated: November 15, 2011. Southall, Regulatory Specialist, Office of in the undervaluation of leased minerals Sue E. Masica, Natural Resources, P.O. Box 25165, MS 64000A, Denver, Colorado 80225. Please on Indian lands. Regional Director, Alaska Region. Effective October 1, 2010, ONRR reference ICR 1012–0002 in your [FR Doc. 2011–32134 Filed 12–14–11; 8:45 am] reorganized and transferred their BILLING CODE 4310–HK–P comments. • regulations from chapter II to chapter Hand-carry comments or use an XII in title 30 of the Code of Federal overnight courier service. Our courier Regulations (CFR), resulting in a change DEPARTMENT OF THE INTERIOR address is Building 85, Room A–614, in our citations. Information collections Denver Federal Center, West 6th Ave. Office of Natural Resources Revenue covered in this ICR are found at 30 CFR and Kipling St., Denver, Colorado part 1202, subparts C and J, which [Docket No. ONRR–2011–0021] 80225. Please reference ICR 1012–0002 pertain to royalties; part 1206, subparts in your comments. B and E, which govern the valuation of Agency Information Collection FOR FURTHER INFORMATION CONTACT: oil and gas produced from leases on Activities: Proposed Collection, Armand Southall, telephone (303) 231– Indian lands; and part 1207, which Comment Request; Correction 3221, or email pertains to recordkeeping. All data AGENCY: Office of Natural Resources [email protected]. You may reported is subject to subsequent audit Revenue (ONRR), Interior. also contact Mr. Southall to obtain and adjustment. copies, at no cost, of (1) The ICR, (2) any ACTION: Notice of an extension of a associated forms, and (3) the regulations Indian Oil currently approved information that require the subject collection of Regulations at 30 CFR part 1206, collection. information. You may also review the subpart B, govern the valuation for

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royalty purposes of all oil produced or alternative dual accounting for Indian exceed a regulatory allowance limit, from Indian oil and gas leases (tribal leases. lessees must (1) Submit a letter to ONRR and allotted), except leases on the Osage The regulations require lessees to explaining why a higher allowance limit Indian Reservation, and are consistent submit Form MMS–4411, Safety Net is necessary; and (2) provide supporting with mineral leasing laws, other Report, when gas production from an documentation, including a completed applicable laws, and lease terms. Indian oil or gas lease is sold beyond the Form MMS–4393. This form provides Generally, the regulations provide that first index pricing point. The safety net ONRR with the data necessary to make lessees determine the value of oil based calculation establishes the minimum a decision whether to approve or deny upon the higher of (1) The gross value, for royalty purposes, of natural the request and track deductions on proceeds under an arm’s-length gas production from Indian oil and gas royalty reports. contract; or (2) major portion analysis. leases. This reporting requirement OMB Approval The value determined by the lessee may ensures that Indian lessors receive all be eligible for a transportation royalties due and aids ONRR The ONRR will request OMB’s allowance. compliance efforts. approval to continue to collect this From information collected on Form From information collected on Form information. Not collecting this MMS–4110, Oil Transportation MMS–4295, Gas Transportation information would limit the Secretary’s Allowance Report, ONRR and tribal Allowance Report, ONRR and tribal ability to discharge fiduciary duties and audit personnel evaluate (1) Whether audit personnel evaluate (1) Whether may also result in the inability to lessee-reported transportation lessee-reported transportation confirm the accurate royalty value to allowances are within regulatory allowances are within regulatory Indian tribes and individual Indian allowance limitations and calculated in allowance limitations and calculated in mineral owners. ONRR protects accordance with applicable regulations; accordance with applicable regulations; proprietary information it receives, and and (2) whether the lessees reported and and (2) whether the lessees reported and does not collect items of a sensitive paid the proper amount of royalties. paid the proper amount of royalties. nature. The requirement to respond is From information collected on Form mandatory for Form MMS–4410, Indian Gas MMS–4109, Gas Processing Allowance Accounting for Comparison [Dual Summary Report, ONRR and tribal audit Regulations at 30 CFR part 1206, Accounting], and Form MMS–4411, personnel evaluate (1) Whether lessee- Safety Net Report, under certain subpart E, govern the valuation for reported processing allowances are circumstances. And, the lessees are royalty purposes of natural gas within regulatory allowance limitations required to submit Forms MMS–4109, produced from Indian oil and gas leases and calculated in accordance with MMS–4110, and MMS–4295 in order to (tribal and allotted). The regulations applicable regulations; and (2) whether obtain a benefit. apply to all gas production from Indian the lessees reported and paid the proper oil and gas leases, except leases on the amount of royalties. Frequency of Response: Annually and Osage Indian Reservation. on occasion. Most Indian leases contain the Indian Oil and Gas Estimated Number and Description of requirement to perform accounting for Form MMS–4393, Request to Exceed Respondents: 148 Indian lessees. comparison (dual accounting) for gas Regulatory Allowance Limitation, is Estimated Annual Reporting and produced from the lease. Lessees must used for both Federal and Indian leases. Recordkeeping ‘‘Hour’’ Burden: 1,309 elect to perform actual dual accounting Most of the burden hours are incurred hours. as defined in 30 CFR 1206.176 or on Federal leases; therefore, the form is We have not included in our alternative dual accounting as defined approved under ICR 1010–0136, estimates certain requirements in 30 CFR 1206.173. Lessees use Form presently 1012–0005, pertaining to performed in the normal course of MMS–4410, Accounting for Comparison Federal oil and gas leases. However, we business and considered usual and [Dual Accounting], to certify that dual include a discussion of the form in this customary. The following chart shows accounting is not required on an Indian ICR, as well as the burden hours for the estimated burden hours by CFR lease or to make an election for actual Indian leases. To request permission to section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average Hour number of Annual 30 CFR Reporting and recordkeeping requirement burden annual burden responses hours

Part 1202—ROYALTIES Subpart C—Federal and Indian Oil

1202.101 ...... Standards for reporting and paying royalties. Burden covered under OMB Control Number Oil volumes are to be reported in barrels of clean oil of 42 standard 1012–0004 (expires 12/31/2012). Burden cov- U.S. gallons (231 cubic inches each) at 60 °F... ered under § 1210.52.

Subpart J—Gas Production From Indian Leases

1202.551(b) ...... How do I determine the volume of production for which I must Burden covered under OMB Control Number pay royalty if my lease is not in an approved Federal unit or 1012–0004. Burden covered under § 1210.52. communitization agreement (AFA)? (b) You and all other persons paying royalties on the lease must re- port and pay royalties based on your takes. . .

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average Hour number of Annual 30 CFR Reporting and recordkeeping requirement burden annual burden responses hours

1202.551(c) ...... (c) You and all other persons paying royalties on the lease may ask 1 1 1 ONRR for permission . . . . to report entitlements. . .

1202.558(a) and (b) ... What standards do I use to report and pay royalties on gas? Burden covered under OMB Control Number (a) You must report gas volumes as follows:. . . 1012–0004. Burden covered under § 1210.52. (b) You must report residue gas and gas plant product volumes as follows:. . .

Part 1206—PRODUCT VALUATION Subpart B—Indian Oil

1206.56(b)(2) ...... Transportation allowances—general. 4 1 4 (b)(2) Upon request of a lessee, ONRR may approve a transpor- tation allowance deduction in excess of the limitation prescribed by paragraph (b)(1) of this section. . . . An application for excep- tion (using Form MMS–4393, Request to Exceed Regulatory Al- lowance Limitation) must contain all relevant and supporting doc- umentation necessary for ONRR to make a determination. . .

1206.57(a)(1)(i) ...... Determination of transportation allowances. AUDIT PROCESS. See note. (a) Arm’s-length transportation contracts. (1)(i) . . . The lessee shall have the burden of demonstrating that its contract is arm’s-length.

1206.57(a)(1)(i) ...... (a) Arm’s-length transportation contracts. Burden covered under § 1206.57(c)(1)(i) and (iii). (1)(i) . . . Before any deduction may be taken, the lessee must sub- mit a completed page one of Form MMS–4110 (and Schedule 1), Oil Transportation Allowance Report. . .

1206.57(a)(1)(iii) ...... (a) Arm’s-length transportation contracts. AUDIT PROCESS. See note. (1)(iii) . . . When ONRR determines that the value of the transpor- tation may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justi- fying the lessee’s transportation costs.

1206.57(a)(2)(i) ...... (a) Arm’s-length transportation contracts. Burden covered under § 1206.57(a)(3). (2)(i) . . . Except as provided in this paragraph, no allowance may be taken for the costs of transporting lease production which is not royalty-bearing without ONRR approval.

1206.57(a)(2)(ii) ...... (a) Arm’s-length transportation contracts. 20 1 20 (2)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to ONRR a cost allocation method on the basis of the values of the products transported. . .

1206.57(a)(3) ...... (a) Arm’s-length transportation contracts. 40 1 40 (3) If an arm’s-length transportation contract includes both gaseous and liquid products, and the transportation costs attributable to each product cannot be determined from the contract, the lessee shall propose an allocation procedure to ONRR. . . . The lessee shall submit all available data to support its proposal. . .

1206.57(b)(1) ...... (b) Non-arm’s-length or no contract. Burden covered under § 1206.57(c)(2)(i) and (iii). (1) . . . A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS–4110 is filed with ONRR, unless ONRR approves a longer period upon a showing of good cause by the lessee. . .

1206.57(b)(1) ...... (b) Non-arm’s-length or no contract. Burden covered under OMB Control Number (1) . . . When necessary or appropriate, ONRR may direct a lessee 1012–0004. Burden covered under § 1210.52. to modify its actual transportation allowance deduction.

1206.57(b)(2)(iv) ...... (b) Non-arm’s-length or no contract. 20 1 20 (2)(iv) . . . After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of ONRR.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average Hour number of Annual 30 CFR Reporting and recordkeeping requirement burden annual burden responses hours

1206.57(b)(2)(iv)(A) .... (b) Non-arm’s-length or no contract. 20 1 20 (2)(iv)(A) . . . After an election is made, the lessee may not change methods without ONRR approval. . .

1206.57(b)(3)(i) ...... (b) Non-arm’s-length or no contract. 40 1 40 (3)(i) . . . Except as provided in this paragraph, the lessee may not take an allowance for transporting lease production which is not royalty bearing without ONRR approval.

1206.57(b)(3)(ii) ...... (b) Non-arm’s-length or no contract. 20 1 20 (3)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to ONRR a cost allocation method on the basis of the values of the products transported. . .

1206.57(b)(4) ...... (b) Non-arm’s-length or no contract. 20 1 20 (4) Where both gaseous and liquid products are transported through the same transportation system, the lessee shall propose a cost allocation procedure to ONRR. . . . The lessee shall sub- mit all available data to support its proposal. . .

1206.57(b)(5) ...... (b) Non-arm’s-length or no contract. 20 1 20 (5) A lessee may apply to ONRR for an exception from the require- ment that it compute actual costs in accordance with paragraphs (b)(1) through (b)(4) of this section. . .

1206.57(c)(1)(i) ...... (c) Reporting requirements. 4 1 4 (1) Arm’s-length contracts. (i) With the exception of those transpor- tation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS–4110 (and Schedule 1), Oil Transportation Allowance Report, prior to, or at the same time as, the transportation allow- ance determined, under an arm’s-length contract, is reported on Form MMS–2014, Report of Sales and Royalty Remittance. . .

1206.57(c)(1)(iii) ...... (c) Reporting requirements. 4 1 4 (1) Arm’s-length contracts. (iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS–4110 (and Schedule 1) within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).

1206.57(c)(1)(iv) ...... (c) Reporting requirements. AUDIT PROCESS. See note. (1) Arm’s-length contracts. (iv) ONRR may require that a lessee submit arm’s-length transportation contracts, production agree- ments, operating agreements, and related documents. Docu- ments shall be submitted within a reasonable time, as determined by ONRR.

1206.57(c)(2)(i) ...... (c) Reporting requirements. 6 1 6 (2) Non-arm’s-length or no contract. (i) With the exception of those transportation allowances specified in paragraphs (c)(2)(v), (c)(2)(vii) and (c)(2)(viii) of this section, the lessee shall submit an initial Form MMS–4110 prior to, or at the same time as, the trans- portation allowance determined under a non-arm’s-length contract or no-contract situation is reported on Form MMS–2014. . . . The initial report may be based upon estimated costs.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average Hour number of Annual 30 CFR Reporting and recordkeeping requirement burden annual burden responses hours

1206.57(c)(2)(iii) ...... (c) Reporting requirements. 6 1 6 (2) Non-arm’s-length or no contract. (iii) For calendar-year reporting periods succeeding the initial report- ing period, the lessee shall submit a completed Form MMS–4110 containing the actual costs for the previous reporting period. If oil transportation is continuing, the lessee shall include on Form MMS–4110 its estimated costs for the next calendar year. . . . ONRR must receive the Form MMS–4110 within 3 months after the end of the previous reporting period, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).

1206.57(c)(2)(iv) ...... (c) Reporting requirements. Burden covered under § 1206.57(c)(2)(i). (2) Non-arm’s-length or no contract. (iv) For new transportation facilities or arrangements, the lessee’s initial Form MMS–4110 shall include estimates of the allowable oil transportation costs for the applicable period. . .

1206.57(c)(2)(v) ...... (c) Reporting requirements. Burden covered under § 1206.57(c)(2)(i). (2) Non-arm’s-length or no contract. (v) . . . only those allowances that have been approved by ONRR in writing. . .

1206.57(c)(2)(vi) ...... (c) Reporting requirements. AUDIT PROCESS. See note. (2) Non-arm’s-length or no contract. (vi) Upon request by ONRR, the lessee shall submit all data used to prepare its Form MMS–4110. The data shall be provided within a reasonable period of time, as determined by ONRR.

1206.57(c)(4) and (c) Reporting requirements. Burden covered under OMB Control Number (e)(2). (4) Transportation allowances must be reported as a separate line 1012–0004. Burden covered under § 1210.52. item on Form MMS–2014,. . . (e)Adjustments. (2) For lessees transporting production from Indian leases, the les- see must submit a corrected Form MMS–2014 to reflect actual costs, . . .

1206.59 ...... May I ask ONRR for valuation guidance? 20 1 20 You may ask ONRR for guidance in determining value. You may propose a value method to ONRR. Submit all available data re- lated to your proposal and any additional information ONRR deems necessary. . .

1206.61(a) and (b) ..... What records must I keep and produce? AUDIT PROCESS. See note. (a) On request, you must make available sales, volume, and trans- portation data for production you sold, purchased, or obtained from the field or area. You must make this data available to ONRR, Indian representatives, or other authorized persons. (b) You must retain all data relevant to the determination of royalty value. . .

Part 1206—PRODUCT VALUATION Subpart E—Indian Gas

1206.172(b)(1)(ii) ...... How do I value gas produced from leases in an index zone? 4 58 232 (b) Valuing residue gas and gas before processing. (1)(ii) Gas production that you certify on Form MMS–4410, . . . is not processed before it flows into a pipeline with an index but which may be processed later; . . . 1206.172(e)(6)(i) and (e) Determining the minimum value for royalty purposes of gas sold 3 11 33 (iii). beyond the first index pricing point. (6)(i) You must report the safety net price for each index zone to ONRR on Form MMS–4411, Safety Net Report, no later than June 30 following each calendar year; . . . (iii) ONRR may order you to amend your safety net price within one year from the date your Form MMS–4411 is due or is filed, whichever is later. . .

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average Hour number of Annual 30 CFR Reporting and recordkeeping requirement burden annual burden responses hours

1206.172(e)(6)(ii) ...... (e) Determining the minimum value for royalty purposes of gas sold Burden covered under OMB Control Number beyond the first index pricing point. 1012–0004. Burden covered under § 1210.52.

(6)(ii) You must pay and report on Form MMS–2014 additional roy- alties due no later than June 30 following each calendar year;. . . 1206.172(f)(1)(ii), (f) Excluding some or all tribal leases from valuation under this sec- 40 1 40 (f)(2), and (f)(3). tion. (1) An Indian tribe may ask ONRR to exclude some or all of its leases from valuation under this section. . . (ii) If an Indian tribe requests exclusion from an index zone for less than all of its leases, ONRR will approve the request only if the excluded leases may be segregated into one or more groups based on separate fields within the reservation. (2) An Indian tribe may ask ONRR S to terminate exclusion of its leases from valuation under this section. . . (3) The Indian tribe’s request to ONRR under either paragraph (f)(1) or (2) of this section must be in the form of a tribal resolution. . .

1206.173(a)(1) ...... How do I calculate the alternative methodology for dual ac- 2 12 24 counting?

(a) Electing a dual accounting method. (1) . . . You may elect to perform the dual accounting calculation according to either § 1206.176(a) (called actual dual accounting), or paragraph (b) of this section (called the alternative method- ology for dual accounting).

1206.173(a)(2) ...... (a) Electing a dual accounting method. Burden covered under § 1206.173(a)(1).

(2) You must make a separate election to use the alternative meth- odology for dual accounting for your Indian leases in each ONRR S-designated area. . .

1206.174(a)(4)(ii) ...... How do I value gas production when an index-based method Burden covered under OMB Control Number cannot be used? 1012–0004. Burden covered under § 1210.52.

(a) Situations in which an index-based method cannot be used. (4)(ii) If the major portion value is higher, you must submit an amended Form MMS–2014 to ONRR by the due date specified in the written notice from ONRR of the major portion value. . .

1206.174(b)(1)(i) and (b) Arm’s-length contracts. AUDIT PROCESS. See note. (iii); (b)(2); (d)(2). (1)(i) You have the burden of demonstrating that your contract is arm’s-length. . . (iii) . . . In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your value. . . (2) ONRR may require you to certify that your arm’s-length contract provisions include all of the consideration the buyer pays, either directly or indirectly, for the gas, residue gas, or gas plant prod- uct. (d) Supporting data. (2) You must make all such data available upon request to the au- thorized ONRR or Indian representatives, to the Office of the In- spector General of the Department, or other authorized per- sons. . .

1206.174(d) ...... (d) Supporting data. If you determine the value of production under Burden covered under OMB Control Number paragraph (c) of this section, you must retain all data relevant to 1012–0004. determination of royalty value.

1206.174(f) ...... (f) Value guidance. You may ask ONRR for guidance in determining 40 1 40 value. You may propose a valuation method to ONRR. Submit all available data related to your proposal and any additional infor- mation ONRR deems necessary. . .

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1206.175(d)(4) ...... How do I determine quantities and qualities of production for 20 1 20 computing royalties? (d)(4) You may request ONRR approval of other methods for deter- mining the quantity of residue gas and gas plant products allo- cable to each lease. . .

1206.176(b) ...... How do I perform accounting for comparison? Burden covered under § 1206.173(a)(1). (b) If you are required to account for comparison, you may elect to use the alternative dual accounting methodology provided for in § 1206.173 instead of the provisions in paragraph (a) of this sec- tion.

1206.176(c) ...... (c) . . . If you do not perform dual accounting, you must certify to Burden covered under § 1206.172(b)(1)(ii). ONRR that gas flows into such a pipeline before it is processed.

Transportation Allowances

1206.177(c)(2) and What general requirements regarding transportation allow- Burden covered under § 1206.56(b)(2). (c)(3). ances apply to me? (c)(2) If you ask ONRR, ONRR may approve a transportation allow- ance deduction in excess of the limitation in paragraph (c)(1) of this section. . . (3) Your application for exception (using Form MMS–4393, Request to Exceed Regulatory Allowance Limitation) must contain all rel- evant and supporting documentation necessary for ONRR to make a determination.

1206.178(a)(1)(i) ...... How do I determine a transportation allowance? 1 18 18 (a) Determining a transportation allowance under an arm’s-length contract. (1)(i) . . . You are required to submit to ONRR a copy of your arm’s-length transportation contract(s) and all subsequent amend- ments to the contract(s) within 2 months of the date ONRR re- ceives your report which claims the allowance on the Form MMS–2014.

1206.178(a)(1)(iii) ...... (a) Determining a transportation allowance under an arm’s-length AUDIT PROCESS. See note. contract. (1)(iii) If ONRR determines that the consideration paid under an arm’s-length transportation contract does not reflect the value of the transportation because of misconduct by or between the con- tracting parties . . . In these circumstances, ONRR will notify you and give you an opportunity to provide written information justi- fying your transportation costs.

1206.178(a)(2)(i) and (a) Determining a transportation allowance under an arm’s-length 20 1 20 (ii). contract. (2)(i) . . . you cannot take an allowance for the costs of transporting lease production that is not royalty bearing without ONRR ap- proval, or without lessor approval on tribal leases. (ii) As an alternative to paragraph (a)(2)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. 1206.178(a)(3)(i) and (a) Determining a transportation allowance under an arm’s-length 40 1 40 (ii). contract. (3)(i) If your arm’s-length transportation contract includes both gas- eous and liquid products and the transportation costs attributable to each cannot be determined from the contract, you must pro- pose an allocation procedure to ONRR. (ii) You are required to submit all relevant data to support your allo- cation proposal. 1206.178(b)(1)(ii) ...... (b) Determining a transportation allowance under a non-arm’s- 15 5 75 length contract or no contract. (1)(ii) . . . You must submit the actual cost information to support the allowance to ONRR on Form MMS–4295, Gas Transportation Allowance Report, within 3 months after the end of the 12-month period to which the allowance applies.

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1206.178(b)(2)(iv) ...... (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (2)(iv) You may use either depreciation with a return on undepreciated capital investment or a return on depreciable cap- ital investment. . . . you may not later elect to change to the other alternative without ONRR approval. 1206.178(b)(2)(iv)(A) .. (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (2)(iv)(A) . . . Once you make an election, you may not change methods without ONRR approval. 1206.178(b)(3)(i) ...... (b) Determining a transportation allowance under a non-arm’s- 40 1 40 length contract or no contract. (3)(i) . . . Except as provided in this paragraph, you may not take an allowance for transporting a product that is not royalty bearing without ONRR approval. 1206.178(b)(3)(ii) ...... (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (3)(ii) As an alternative to the requirements of paragraph (b)(3)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. 1206.178(b)(5) ...... (b) Determining a transportation allowance under a non-arm’s- 40 1 40 length contract or no contract. (5) If you transport both gaseous and liquid products through the same transportation system, you must propose a cost allocation procedure to ONRR. . . . You are required to submit all relevant data to support your proposal.

1206.178(d)(1) ...... (d) Reporting your transportation allowance. AUDIT PROCESS. See note. (1) If ONRR requests, you must submit all data used to determine your transportation allowance.

1206.178(d)(2), (e), (d) Reporting your transportation allowance. Burden covered under OMB Control Number and (f)(1). (2) You must report transportation allowances as a separate entry 1012–0004. Burden covered under § 1210.52. on Form MMS–2014. (e) Adjusting incorrect allowances. If for any month the transpor- tation allowance you are entitled to is less than the amount you took on Form MMS–2014, you are required to report and pay ad- ditional royalties due, plus interest computed under 30 CFR 1218.54 from the first day of the first month you deducted the im- proper transportation allowance until the date you pay the royal- ties due. (f) Determining allowable costs for transportation allowances. (1) Firm demand charges paid to pipelines. . . . You must modify the Form MMS–2014 by the amount received or credited for the affected reporting period.

Processing Allowances

1206.180(a)(1)(i) ...... How do I determine an actual processing allowance? 1 2 2 (a) Determining a processing allowance if you have an arm’s-length processing contract. (1)(i) . . . You have the burden of demonstrating that your contract is arm’s-length. You are required to submit to ONRR a copy of your arm’s-length contract(s) and all subsequent amendments to the contract(s) within 2 months of the date ONRR receives your first report that deducts the allowance on the Form MMS–2014.

1206.180(a)(1)(iii) ...... (a) Determining a processing allowance if you have an arm’s-length AUDIT PROCESS. See note. processing contract. (1)(iii) If ONRR determines that the consideration paid under an arm’s-length processing contract does not reflect the value of the processing because of misconduct by or between the contracting parties . . . In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your processing costs.

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1206.180(a)(3) ...... (a) Determining a processing allowance if you have an arm’s-length 40 1 40 processing contract. (3) If your arm’s-length processing contract includes more than one gas plant product and the processing costs attributable to each product cannot be determined from the contract, you must pro- pose an allocation procedure to ONRR. . . . You are required to submit all relevant data to support your proposal. 1206.180(b)(1)(ii) ...... (b) Determining a processing allowance if you have a non-arm’s- 20 12 240 length contract or no contract. (1)(ii) . . . You must submit the actual cost information to support the allowance to ONRR on Form MMS–4109, Gas Processing Al- lowance Summary Report, within 3 months after the end of the 12-month period for which the allowance applies. 1206.180(b)(2)(iv) ...... (b) Determining a processing allowance if you have a non-arm’s- 20 1 20 length contract or no contract. (2)(iv) You may use either depreciation with a return on undepreciable capital investment or a return on depreciable cap- ital investment. . . . you may not later elect to change to the other alternative without ONRR approval. 1206.180(b)(2)(iv)(A) .. (b) Determining a processing allowance if you have a non-arm’s- 20 1 20 length contract or no contract. (2)(iv)(A) . . . Once you make an election, you may not change methods without ONRR approval. 1206.180(b)(3) ...... (b) Determining a processing allowance if you have a non-arm’s- 20 1 20 length contract or no contract. (3) Your processing allowance under this paragraph (b) must be de- termined based upon a calendar year or other period if you and ONRR agree to an alternative.

1206.180(c)(1) ...... (c) Reporting your processing allowance. AUDIT PROCESS. See note. (1) If ONRR requests, you must submit all data used to determine your processing allowance.

1206.180(c)(2) and (d) (c) Reporting your processing allowance. Burden covered under OMB Control Number (2) You must report gas processing allowances as a separate entry 1012–0004. Burden covered under § 1210.52. on the Form MMS–2014. (d) Adjusting incorrect processing allowances. If for any month the gas processing allowance you are entitled to is less than the amount you took on Form MMS–2014, you are required to pay additional royalties, plus interest computed under 30 CFR 1218.54 from the first day of the first month you deducted a proc- essing allowance until the date you pay the royalties due.

1206.181(c) ...... How do I establish processing costs for dual accounting pur- 40 1 40 poses when I do not process the gas? (c) A proposed comparable processing fee submitted to either the tribe and ONRR (for tribal leases) or ONRR (for allotted leases) with your supporting documentation submitted to ONRR. If ONRR does not take action on your proposal within 120 days, the pro- posal will be deemed to be denied and subject to appeal to the ONRR Director under 30 CFR part 1290.

PART 1207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS Subpart A—General Provisions

1207.4(b) ...... Contracts made pursuant to old form leases. AUDIT PROCESS. See note. (b) The stipulation, the substance of which must be included in the contract, or be made the subject matter of a separate instrument properly identifying the leases affected thereby, is as follows.

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1207.5 ...... Contract and sales agreement retention. AUDIT PROCESS. See note. Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which are relevant to the valuation of production are to be maintained by the lessee and made available upon request during normal work- ing hours to authorized ONRR, State or Indian representatives, other ONRR or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212.

TOTAL BURDEN ...... 148 1,309 Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995 because ONRR staff asks non-standard questions to resolve exceptions.

Estimated Annual Reporting and describe the methods you use to Office of the Secretary, Information Recordkeeping ‘‘Non-hour’’ Cost estimate major cost factors, including Collection Clearance Officer: Laura Burden: We have identified no ‘‘non- system and technology acquisition, Dorey (202) 208–2654. Hour’’ cost burdens. expected useful life of capital Dated: December 12, 2011. Public Disclosure Statement: The PRA equipment, discount rate(s), and the Gregory J. Gould, (44 U.S.C. 3501 et seq.) provides that an period over which you incur costs. agency may not conduct or sponsor, and Capital and startup costs include, Director, Office of Natural Resources Revenue a person is not required to respond to, among other items, computers and [FR Doc. 2011–32158 Filed 12–14–11; 8:45 am] a collection of information unless it software you purchase to prepare for BILLING CODE 4310–T2–P displays a currently valid OMB control collecting information; monitoring, number. sampling, and testing equipment; and Comments: Before submitting an ICR record storage facilities. Generally, your INTERNATIONAL TRADE to OMB, PRA section 3506(c)(2)(A) estimates should not include equipment COMMISSION requires each agency to ‘‘* * * provide or services purchased: (i) Before October [DN 2864] 60-day notice in the Federal Register 1, 1995; (ii) to comply with * * * and otherwise consult with requirements not associated with the Certain Silicon Microphone Packages members of the public and affected information collection; (iii) for reasons and Products Containing Same agencies concerning each proposed other than to provide information or Receipt of Complaint; Solicitation of collection of information * * *.’’ keep records for the Government; or (iv) Comments Relating to the Public Agencies must specifically solicit as part of customary and usual business Interest comments to: (a) Evaluate whether the or private practices. proposed collection of information is We will summarize written responses AGENCY: U.S. International Trade necessary for the agency to perform its to this notice and address them in our Commission. duties, including whether the ICR submission for OMB approval, ACTION: Notice. information is useful; (b) evaluate the including appropriate adjustments to accuracy of the agency’s estimate of the the estimated burden. We will provide SUMMARY: Notice is hereby given that burden of the proposed collection of a copy of the ICR to you without charge the U.S. International Trade information; (c) enhance the quality, upon request. We also will post the ICR Commission has received a complaint usefulness, and clarity of the at http://www.onrr.gov/Laws_R_D/ entitled In Re Certain Silicon information to be collected; and (d) FRNotices/FRInfColl.htm. Microphone Packages and Products minimize the burden on the Public Comment Policy: We will post Containing Same, DN 2864; the respondents, including the use of all comments, including names and Commission is soliciting comments on automated collection techniques or addresses of respondents, at http:// any public interest issues raised by the other forms of information technology. www.regulations.gov. Before including complaint. The PRA also requires agencies to your address, phone number, email FOR FURTHER INFORMATION CONTACT: estimate the total annual reporting address, or other personal identifying James R. Holbein, Secretary to the ‘‘non-hour cost’’ burden to respondents information in your comment, be Commission, U.S. International Trade or recordkeepers resulting from the advised that your entire comment— Commission, 500 E Street SW., collection of information. If you have including your personal identifying Washington, DC 20436, telephone (202) costs to generate, maintain, and disclose information—may be made publicly 205–2000. The public version of the this information, you should comment available at any time. While you can ask complaint can be accessed on the and provide your total capital and us in your comment to withhold from Commission’s electronic docket (EDIS) startup cost components or annual public view your personal identifying at http://edis.usitc.gov, and will be operation, maintenance, and purchase information, we cannot guarantee that available for inspection during official of service components. You should we will be able to do so. business hours (8:45 a.m. to 5:15 p.m.)

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in the Office of the Secretary, U.S. Written submissions must be filed no 6(a) of the National Cooperative International Trade Commission, 500 E later than by close of business, five Research and Production Act of 1993, Street SW., Washington, DC 20436, business days after the date of 15 U.S.C. 4301 et seq. (‘‘the Act’’), telephone (202) 205–2000. publication of this notice in the Federal Pistoia Alliance, Inc. has filed written General information concerning the Register. There will be further notifications simultaneously with the Commission may also be obtained by opportunities for comment on the Attorney General and the Federal Trade accessing its Internet server (http:// public interest after the issuance of any Commission disclosing changes in its www.usitc.gov). The public record for final initial determination in this membership. The notifications were this investigation may be viewed on the investigation. filed for the purpose of extending the Commission’s electronic docket (EDIS) Persons filing written submissions Act’s provisions limiting the recovery of at http://edis.usitc.gov. Hearing- must file the original document and 12 antitrust plaintiffs to actual damages impaired persons are advised that true copies thereof on or before the under specified circumstances. information on this matter can be deadlines stated above with the Office Specifically, PerkinElmer, Inc., obtained by contacting the of the Secretary. Submissions should Waltham, MA; Connected Discovery, Commission’s TDD terminal on (202) refer to the docket number (‘‘Docket No. London, UNITED KINGDOM; Fulcrum 205–1810. 2864’’) in a prominent place on the Direct Limited, CBTC, Cardiff, UNITED cover page and/or the first page. The SUPPLEMENTARY INFORMATION: The KINGDOM; The Hyve, Utrecht, THE Commission has received a complaint Commission’s rules authorize filing NETHERLANDS; and Peter Boogaard submissions with the Secretary by filed on behalf of Knowles Electronics (Individual), Moordrecht, THE facsimile or electronic means only to the LLC on December 7, 2011. The NETHERLANDS, have been added as extent permitted by section 201.8 of the complaint alleges violations of section parties to this venture. Also, Allergan rules (see Handbook for Electronic 337 of the Tariff Act of 1930 (19 U.S.C. Sales LLC, Irvine, CA; and Filing Procedures, http://www.usitc.gov/ 1337) in the importation into the United Cambridgesoft, Waltham, MA, have secretary/fed_reg_notices/rules/ States, the sale for importation, and the withdrawn as parties to this venture. In documents/ sale within the United States after addition, Atlas Platform Corp. has handbook_on_electronic_filing.pdf. importation of certain silicon changed its name to GeneStack Limited, Persons with questions regarding microphone packages and products Cambridge, UNITED KINGDOM. electronic filing should contact the No other changes have been made in containing same. The complaint names Secretary (202) 205–2000). Analog Devices Inc. of Norwood, MA; either the membership or planned Any person desiring to submit a activity of the group research project. Amkor Technology, Inc. of Chandler, document to the Commission in AZ and Avnet, Inc. of Phoenix, AZ. Membership in this group research confidence must request confidential project remains open, and Pistoia The complainant, proposed treatment. All such requests should be respondents, other interested parties, Alliance, Inc. intends to file additional directed to the Secretary to the written notifications disclosing all and members of the public are invited Commission and must include a full to file comments, not to exceed five changes in membership. statement of the reasons why the On May 28, 2009, Pistoia Alliance pages in length, on any public interest Commission should grant such filed its original notification pursuant to issues raised by the complaint. treatment. See 19 CFR 201.6. Documents Section 6(a) of the Act. The Department Comments should address whether for which confidential treatment by the of Justice published a notice in the issuance of an exclusion order and/or a Commission is properly sought will be Federal Register pursuant to Section cease and desist order in this treated accordingly. All nonconfidential 6(b) of the Act on July 15, 2009 (74 FR investigation would negatively affect the written submissions will be available for 34364). public health and welfare in the United public inspection at the Office of the The last notification was filed with States, competitive conditions in the Secretary. the Department on August 17, 2011. A United States economy, the production This action is taken under the notice was published in the Federal of like or directly competitive articles in authority of section 337 of the Tariff Act Register pursuant to Section 6(b) of the the United States, or United States of 1930, as amended (19 U.S.C. 1337), Act on September 21, 2011 (76 FR consumers. and of sections 201.10 and 210.50(a)(4) 58540). In particular, the Commission is of the Commission’s Rules of Practice interested in comments that: and Procedure (19 CFR 201.10, Patricia A. Brink, (i) Explain how the articles 210.50(a)(4)). Director of Civil Enforcement, Antitrust potentially subject to the orders are used Division. By order of the Commission. in the United States; [FR Doc. 2011–32108 Filed 12–14–11; 8:45 am] Issued: December 6, 2011. (ii) identify any public health, safety, BILLING CODE P or welfare concerns in the United States James R. Holbein, relating to the potential orders; Secretary to the Commission. (iii) indicate the extent to which like [FR Doc. 2011–32129 Filed 12–14–11; 8:45 am] DEPARTMENT OF JUSTICE or directly competitive articles are BILLING CODE 7020–02–P produced in the United States or are Antitrust Division otherwise available in the United States, DEPARTMENT OF JUSTICE Notice Pursuant to the National with respect to the articles potentially Cooperative Research and Production subject to the orders; and Antitrust Division Act of 1993—Toyota Motor Corporation (iv) indicate whether Complainant, and Complainant’s licensees, and/or third Notice Pursuant to the National Collaboration party suppliers have the capacity to Cooperative Research and Production replace the volume of articles Act of 1993—Pistoia Alliance, Inc Notice is hereby given that, on potentially subject to an exclusion order November 18, 2011, pursuant to Section and a cease and desist order within a Notice is hereby given that, on 6(a) of the National Cooperative commercially reasonable time. November 3, 2011, pursuant to Section Research and Production Act of 1993,

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15 U.S.C. 4301 et seq. (‘‘the Act’’), to file additional written notifications controlled substances for use in Toyota Motor Corporation and Ford disclosing all changes in membership. industrial processes. Motor Company Collaboration (‘‘Toyota On February 10, 1986, PERF filed its On October 21, 2011, a notice entitled and Ford’’) has filed written original notification pursuant to Section ‘‘Controlled Substances: Proposed notifications simultaneously with the 6(a) of the Act. The Department of Aggregate Production Quotas for 2012’’ Attorney General and the Federal Trade Justice published a notice in the Federal was published in the Federal Register Commission disclosing (1) The Register pursuant to Section 6(b) of the (76 FR 65537). That notice proposed the identities of the parties to the venture Act on March 14, 1986 (51 FR 8903). 2012 aggregate production quotas for and (2) the nature and objectives of the The last notification was filed with each basic class of controlled substance venture. The notifications were filed for the Department on June 2, 2010. A listed in Schedules I and II. All the purpose of invoking the Act’s notice was published in the Federal interested persons were invited to provisions limiting the recovery of Register pursuant to Section 6(b) of the comment on or object to the proposed antitrust plaintiffs to actual damages Act on August 2, 2010 (75 FR 45156). aggregate production quotas on or before under specified circumstances. November 21, 2011. Patricia A. Brink, Pursuant to Section 6(b) of the Act, Sixteen responses (eleven from DEA Director of Civil Enforcement, Antitrust registered manufacturers, and five from the identities of the parties to the Division. venture are: Toyota Motor Corporation, other members of the public) were [FR Doc. 2011–32114 Filed 12–14–11; 8:45 am] Toyota City, JAPAN; and Ford Motor received within the published comment Company, Dearborn, MI. BILLING CODE P period, offering comments on a total of 37 Schedule I and II controlled The general area of Toyota and Ford’s substances. Several comments discussed planned activity is the research and DEPARTMENT OF JUSTICE the national prescription drug abuse development of (a) A hybrid system epidemic and urged DEA to reduce initially targeted for use in sport utility Drug Enforcement Administration quotas for prescription painkillers and vehicles and light trucks, and (b) [Docket No. DEA 358E] opioids. Addressing prescription drug standards and/or enabling technologies abuse requires a multi-faceted approach for vehicle telematics. The parties may which includes education, treatment, subsequently agree to expand the scope Controlled Substances: Established Aggregate Production Quotas for 2012 and enforcement. of the collaboration to include The quota system is specifically production. AGENCY: Drug Enforcement designed to operate within the statutory Patricia A. Brink, Administration (DEA), Department of framework of the CSA, in conjunction Director of Civil Enforcement, Antitrust Justice. with other controls to enable DEA to Division. ACTION: Notice. monitor the movement of controlled [FR Doc. 2011–32113 Filed 12–14–11; 8:45 am] substances and certain chemicals into SUMMARY: This notice establishes the and through the closed system of BILLING CODE P initial 2012 aggregate production quotas distribution to help prevent diversion of for controlled substances in Schedules I such substances into the illicit market. DEPARTMENT OF JUSTICE and II of the Controlled Substances Act Through the quota system, DEA limits (CSA). the amount of those substances and Antitrust Division DATES: Effective Date: December 15, chemicals manufactured each year to 2011. those quantities that will provide for the Notice Pursuant to the National estimated medical, scientific, research, Cooperative Research and Production FOR FURTHER INFORMATION CONTACT: John and industrial needs, lawful export Act of 1993—Petroleum Environmental W. Partridge, Office of Diversion requirements, and the establishment Research Forum Control, Drug Enforcement and maintenance of reserve stocks for Administration, 8701 Morrissette Drive, the United States. All aspects of the Notice is hereby given that, on Springfield, VA 22152, Telephone: (202) closed system of distribution must work November 1, 2011, pursuant to Section 307–4654. together to reduce or eliminate the 6(a) of the National Cooperative SUPPLEMENTARY INFORMATION: Section diversion of controlled substances. Research and Production Act of 1993, 306 of the Controlled Substances Act Other commenters stated that the 15 U.S.C. 4301 et seq. (‘‘the Act’’), (CSA) (21 U.S.C. 826) requires that the proposed aggregate production quotas Petroleum Environmental Research Attorney General establish aggregate for alfentanil, amphetamine (for sale), Forum (‘‘PERF’’) has filed written production quotas for each basic class of codeine (for conversion), codeine (for notifications simultaneously with the controlled substance listed in Schedules sale), dihydrocodeine, Attorney General and the Federal Trade I and II. This responsibility has been dihydromorphine, diphenoxylate, Commission disclosing changes in its delegated to the Administrator of the hydrocodone (for sale), membership. The notifications were DEA by 28 CFR 0.100. hydromorphinol, levorphanol, filed for the purpose of extending the The 2012 aggregate production quotas lisdexamfetamine, meperidine, Act’s provisions limiting the recovery of represent those quantities of Schedule I meperidine intermediate A, meperidine antitrust plaintiffs to actual damages and II controlled substances that may be intermediate B, meperidine under specified circumstances. produced in the United States in 2012 intermediate C, methadone, methadone Specifically, Nalco Environmental to provide adequate supplies of each intermediate, methamphetamine, Solutions, LLC, Sugarland, TX, has been substance for the estimated medical, methylphenidate, morphine (for added as a party to this venture. scientific, research, and industrial needs conversion), morphine (for sale), No other changes have been made in of the United States, lawful export morphine-N-oxide, nabilone, either the membership or planned requirements, and the establishment noroxymorphone (for conversion), activity of the group research project. and maintenance of reserve stocks. 21 noroxymorphone (for sale), opium Membership in this group research U.S.C. 826(a) and 21 CFR 1303.11. (tincture), oripavine, oxycodone (for project remains open, and PERF intends These quotas do not include imports of conversion), oxycodone (for sale),

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oxymorphone (for conversion), nabilone, pentobarbital, phenylacetone, Regarding amphetamine (for sale), oxymorphone (for sale), pentobarbital, properidine, and tapentadol are codeine (for conversion), codeine (for phenylacetone, properidine, sufentanil, warranted. This notice reflects those sale), dihydromorphine, hydrocodone tapentadol, and thebaine were adjustments. (for sale), levorphanol, methadone, insufficient to provide for the estimated When DEA published the Proposed methadone intermediate, medical, scientific, research, and Aggregate Production Quotas for 2012 methamphetamine, methylphenidate, industrial needs of the United States, on October 21, 2011, that notice morphine (for conversion), morphine export requirements, and the proposed that all Schedule I and II (for sale), noroxymorphone (for establishment and maintenance of controlled substances included in 21 conversion), noroxymorphone (for sale), reserve stocks. opium (tincture), oripavine, oxycodone In determining the aggregate CFR 1308.11 and 1308.21 but not production quotas, DEA has taken into specifically referenced in that notice be (for conversion), oxycodone (for sale), consideration the above comments established at zero. That reference oxymorphone (for conversion), along with the factors set forth at 21 extended to the three synthetic oxymorphone (for sale), sufentanil, and CFR 1303.11(b), in accordance with 21 cathinones (4-methyl-N- thebaine, DEA has determined that the U.S.C. 826(a) and other relevant factors, methylcathinone; 3,4-methylenedioxy- proposed initial 2012 aggregate including the consideration of 2011 N-methylcathinone; and production quotas are sufficient to meet manufacturing quotas, current 2011 3,4,methylenedioxypyrovalerone) that the current 2012 estimated medical, sales and inventories, 2012 export were temporarily placed in Schedule I scientific, research, and industrial needs requirements, additional applications pursuant to the final order also of the United States. This notice for quotas, as well as information on published on October 21, 2011, at 76 FR finalizes these aggregate production research and product development 65371. No comments were received quotas at the same amounts as requirements. Based on this within the published comment period proposed. information, DEA determined that regarding the proposed quota for the In accordance with 21 U.S.C. 826 and adjustments to the proposed aggregate three synthetic cathinones, however, 21 CFR 1303.11, the Administrator production quotas for alfentanil, DEA has determined, based on the dihydrocodeine, diphenoxylate, information described above, that an hereby determines that the 2012 hydromorphinol, lisdexamfetamine, increase from the proposed quota of aggregate production quotas for the meperidine, meperidine intermediate A, zero is warranted for all three following controlled substances, meperidine intermediate B, meperidine substances. This notice reflects those expressed in grams of anhydrous acid or intermediate C, morphine-N-oxide, adjustments. base, be established as follows:

Established 2012 Quotas

Basic Class—Schedule I

1-[2-(4–Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH–200) ...... 45 g 1–Butyl-3-(1-naphthoyl)indole (JWH–073) ...... 45 g 1–Methyl-4-phenyl-4-propionoxypiperidine ...... 2 g 1–Pentyl-3-(1-naphthoyl)indole (JWH–018) ...... 45 g 2,5–Dimethoxyamphetamine ...... 2 g 2,5–Dimethoxy-4-ethylamphetamine (DOET) ...... 2 g 2,5–Dimethoxy-4-n-propylthiophenethylamine ...... 2 g 3–Methylfentanyl ...... 2 g 3–Methylthiofentanyl ...... 2 g 3,4–Methylenedioxyamphetamine (MDA) ...... 22 g 3,4–Methylenedioxy-N-ethylamphetamine (MDEA) ...... 15 g 3,4–Methylenedioxy-N-methylcathinone (methylone) ...... 8 g 3,4–Methylenedioxymethamphetamine (MDMA) ...... 22 g 3,4–Methylenedioxypyrovalerone (MDPV) ...... 8g 3,4,5–Trimethoxyamphetamine ...... 2 g 4–Bromo-2,5-dimethoxyamphetamine (DOB) ...... 2 g 4–Bromo-2,5-dimethoxyphenethylamine (2–CB) ...... 2 g 4–Methoxyamphetamine ...... 77 g 4–Methylaminorex ...... 2 g 4–Methyl-2,5-dimethoxyamphetamine (DOM) ...... 2 g 4–Methyl-N-methylcathinone (mephedrone) ...... 8 g 5-(1,1–Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol ...... 68 g 5-(1,1–Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol ...... 53 g 5–Methoxy-3,4-methylenedioxyamphetamine ...... 2 g 5–Methoxy-N,N-diisopropyltryptamine ...... 2 g Acetyl-alpha-methylfentanyl ...... 2 g Acetyldihydrocodeine ...... 2 g Acetylmethadol ...... 2 g Allylprodine ...... 2 g Alphacetylmethadol ...... 2 g Alpha-ethyltryptamine ...... 2 g Alphameprodine ...... 2 g Alphamethadol ...... 2 g Alpha-methylfentanyl ...... 2 g Alpha-methylthiofentanyl ...... 2 g Alpha-methyltryptamine (AMT) ...... 2 g

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Established 2012 Quotas

Aminorex ...... 2 g Benzylmorphine ...... 2 g Betacetylmethadol ...... 2 g Beta-hydroxy-3-methylfentanyl ...... 2 g Beta-hydroxyfentanyl ...... 2 g Betameprodine ...... 2 g Betamethadol ...... 2 g Betaprodine ...... 2 g Bufotenine ...... 3 g Cathinone ...... 4 g Codeine-N-oxide ...... 602 g Diethyltryptamine ...... 2 g Difenoxin ...... 50 g Dihydromorphine ...... 3,608,000 g Dimethyltryptamine ...... 7 g Gamma-hydroxybutyric acid ...... 47,000,000 g Heroin ...... 20 g Hydromorphinol ...... 54 g Hydroxypethidine ...... 2 g Ibogaine ...... 5 g Lysergic acid diethylamide (LSD) ...... 16 g Marihuana ...... 21,000 g Mescaline ...... 5 g Methaqualone ...... 10 g Methcathinone ...... 4 g Methyldihydromorphine ...... 2 g Morphine-N-oxide ...... 655 g N–Benzylpiperazine ...... 2 g N,N–Dimethylamphetamine ...... 2 g N–Ethylamphetamine ...... 2 g N–Hydroxy-3,4-methylenedioxyamphetamine ...... 2 g Noracymethadol ...... 2 g Norlevorphanol ...... 52 g Normethadone ...... 2 g Normorphine ...... 18 g Para-fluorofentanyl ...... 2 g Phenomorphan ...... 2 g Pholcodine ...... 2 g Properidine ...... 2 g Psilocybin ...... 2 g Psilocyn ...... 2 g Tetrahydrocannabinols ...... 393,000 g Thiofentanyl ...... 2 g Tilidine ...... 10 g Trimeperidine ...... 2 g

Basic Class—Schedule II

1–Phenylcyclohexylamine ...... 2 g 1-piperdinocyclohexanecarbonitrile ...... 2 g 4–Anilino-N-phenethyl-4-piperidine (ANPP) ...... 1,800,000 g Alfentanil ...... 15,000 g Alphaprodine ...... 2 g Amobarbital ...... 40,007 g Amphetamine (for conversion) ...... 8,500,000 g Amphetamine (for sale) ...... 25,300,000 g Cocaine ...... 216,000 g Codeine (for conversion) ...... 65,000,000 g Codeine (for sale) ...... 39,605,000 g Dextropropoxyphene ...... 7 g Dihydrocodeine ...... 400,000 g Diphenoxylate ...... 900,000 g Ecgonine ...... 83,000 g Ethylmorphine ...... 2 g Fentanyl ...... 1,428,000 g Glutethimide ...... 2 g Hydrocodone (for sale) ...... 59,000,000 g Hydromorphone ...... 3,455,000 g Isomethadone ...... 4 g Levo-alphacetylmethadol (LAAM) ...... 3 g Levomethorphan ...... 5 g Levorphanol ...... 3,600 g Lisdexamfetamine ...... 12,000,000 g

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Established 2012 Quotas

Meperidine ...... 5,500,000 g Meperidine Intermediate-A ...... 5 g Meperidine Intermediate-B ...... 9 g Meperidine Intermediate-C ...... 5 g Metazocine ...... 5 g Methadone (for sale) ...... 20,000,000 g Methadone Intermediate ...... 26,000,000 g Methamphetamine ...... 3,130,000 g

[750,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,331,000 grams for methamphetamine mostly for conversion to a Schedule III product; and 49,000 grams for methamphetamine (for sale)]

Methylphenidate ...... 56,000,000 g Morphine (for conversion) ...... 83,000,000 g Morphine (for sale) ...... 39,000,000 g Nabilone ...... 20,502 g Noroxymorphone (for conversion) ...... 7,200,000 g Noroxymorphone (for sale) ...... 401,000 g Opium (powder) ...... 63,000 g Opium (tincture) ...... 1,000,000 g Oripavine ...... 9,800,000 g Oxycodone (for conversion) ...... 5,600,000 g Oxycodone (for sale) ...... 98,000,000 g Oxymorphone (for conversion) ...... 12,800,000 g Oxymorphone (for sale) ...... 5,500,000 g Pentobarbital ...... 34,000,000 g Phenazocine ...... 5 g Phencyclidine ...... 24g Phenmetrazine ...... 2 g Phenylacetone ...... 16,000,000 g Racemethorphan ...... 2 g Remifentanil ...... 2,500 g Secobarbital ...... 336,002 g Sufentanil ...... 5,000 g Tapentadol ...... 5,400,000 g Thebaine ...... 116,000,000 g

The Administrator further determines from organizations, groups, or ADDRESSES: Mailed applications must be that aggregate production quotas for all individuals to enter into an 18-month sent to: Director, National Institute of other Schedule I and II controlled cooperative agreement to provide for the Corrections, 320 First Street NW., Room substances included in 21 CFR 1308.11 revision of Strategic Development of the 5002, Washington, DC 20534. and 1308.12 be established at zero. All Executive Woman, and to plan and Applicants are encouraged to use aggregate production quotas are subject deliver the program in 2012. NIC Federal Express, UPS, or similar service to adjustment pursuant to 21 CFR continues to build upon the success of to ensure delivery by the due date. 1303.13. its women’s-only programming, where Hand delivered applications should be brought to 500 First Street NW., Dated: December 8, 2011. gender barriers are eliminated and Washington, DC 20534. At the front Michele M. Leonhart, acceleration of learning is possible. The award recipient will become familiar desk, dial 73106, extension 0 for pickup. Administrator. with the work currently being done at Faxed applications will NOT be [FR Doc. 2011–32163 Filed 12–14–11; 8:45 am] NIC that provides for an understanding accepted. Electronic applications can be BILLING CODE 4410–09–P of the history and future development submitted only via www.grants.gov. goals for this series. FOR FURTHER INFORMATION CONTACT: A The award includes responsibility for copy of this announcement can be DEPARTMENT OF JUSTICE downloaded from the NIC Web page at the updated Instructional Theory into www.nicic.gov. National Institute of Corrections Practice (ITIP) formatted curriculum, All technical or programmatic and in collaboration with the NIC questions concerning this Solicitation for a Cooperative Research and Information Services Agreement: Strategic Essentials for announcement should be directed to Division, an evaluation of the initial Evelyn Bush, Correctional Program the Advancement of Women program delivery using the NIC training Executives in Corrections Specialist, National Institute of evaluation protocol. This should Corrections. She can be reached at represent a minimal cost to the award AGENCY: National Institute of [email protected]. recipient. The project will also address Corrections, U.S. Department of Justice. SUPPLEMENTARY INFORMATION: strategies for additional learning and Curriculum Design: The curriculum ACTION: Solicitation for a Cooperative networking upon training completion. Agreement. design for Executive Leadership for DATES: Applications must be received Women was based on research done SUMMARY: The National Institute of by 2 p.m. EDT on Thursday, February with corrections practitioners and Corrections (NIC) is soliciting proposals 15, 2012. women in senior positions in

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correctional leadership. Several recommendations gathered during the will be used to take these into assessments were administered to these course of this cooperative agreement. consideration as part of the curriculum; groups, and the findings formed the Introduction of a New Model: The (2) a brief summary that indicates the development of a set of 10 competencies revision should include a review and applicant’s understanding of the essential to future leadership update of the current program/ purpose and need of this cooperative effectiveness in corrections. From these, curriculum using a competency-based agreement; (3) a brief paragraph that a Correctional Leadership Competency leadership education model that can be summarizes the project goals and Model was designed. modified to be corrections-specific to objectives; (4) a clear description of the Over the last five years, NIC’s women in senior management. It must methodology that will be used to Executive Leadership for Women in also account for recommendations complete the project and achieve its Corrections program has adapted to be gathered during the course of this goals; (5) a clearly developed work plan current with recent trends such as those cooperative agreement. with measurable project milestones and noted in the NIC Correctional Products and Deliverables: Expected timelines for the completion of each Competencies publication. deliverables from this award include a milestone; (6) a description of the Background: The National Institute of training curriculum designed using the qualifications of the applicant and each Corrections, Prisons Division, offered its ITIP model of instruction, which will project staff. Experienced correctional first executive leadership training for contain an instructor/facilitator’s guide professional(s) are expected to be on the women in 1994. The program was with associated tools, materials, and project team. These person(s) can be designed to address both the personal resources with a final, agreed upon project staff or consultants. The and professional aspects of women’s curriculum delivered to NIC no later correctional experience cited as leadership in a nontraditional than June 1, 2012; a participant resource qualifications must be at the senior or profession such as corrections. Through guide to be used in conjunction with the executive level or above; (7) a a two-part series, NIC helped close the training; instructional aides, including description of the staffing plan, gap for women executives in their presentation slide shows, CDs, charts, including the role and time commitment knowledge, their recognition of their handouts, case studies, assessments, for each project staff member and an value to the organization, and their self and experiential activities, etc. to applicant certification that identified and observer perception. support instruction and learning; and staff have been contacted and that they Although the past three decades have delivery and facilitation of a 32-hour will be available to work on this project; witnessed a tremendous increase in the classroom training for 20 participants and (8) a budget that details all costs for number of women working in with blended learning tools. the project, shows consideration for all corrections, the increasing numbers of Training Program Description: The contingencies, and notes a commitment women in the workforce have not been training program will be announced on to work within the proposed budget. matched by corresponding advancement NIC’s Web site with its list of other The application must also include a in executive and senior-level leadership training courses. budget narrative that explains how all positions. Women are underrepresented Program Delivery: Delivery of the costs were determined. in senior and executive (CEO) initial training program in 2012 is part Specific Requirements: The applicant leadership positions across all of this agreement. To ensure adequate will provide an example of several professions, but they are significantly development time, the applicant should topics/modules that may be considered underrepresented in the corrections expect to deliver the training between and their accompanying learning field. July 1 and September 1, 2012, on dates activity. Continuous consultation with By 2012, women will comprise 47.5% agreeable to NIC. The delivery includes the NIC Correctional Program Specialist of the workforce. With the anticipated preparation of program materials, (CPS) on both proposed curriculum rise of women in the ranks of senior- setting the agenda for and hosting a content and training program strategies level positions, forward-looking faculty planning meeting, the is necessary. The CPS will have final organizations proactively seek ways to contracting and training of NIC- approval of both. The selected applicant advance the leadership capacities of the approved faculty, and the will conduct a face-to-face training/ women they promote, or intend to administration of onsite logistics. planning meeting with the CPS and promote, to senior and executive Participant travel is managed and NIC-selected and approved trainers and/ administration. funded separately by NIC. Participant or faculty to deliver the program at least Target Audience: Women who are lodging and meals are funded within 60 days before the program start date. senior- and upper-level correctional this agreement based on government per The awardee will be responsible for the staff, serving in jails, prisons, and diem. preparation of all program training community corrections comprise the Scope of Project: The recipient of this materials, negotiation, timely target audience for this program. They cooperative agreement award must, at a completion of faculty contracts, and must be functioning at a senior or minimum, do the following within the coordination of all program site executive level. scope of this project: In collaboration logistics. Participant/faculty lodging, Curriculum Revision: Revision of the with the NIC, conduct a survey meals, and administration of the curriculum will include review of the regarding critical leadership associated logistics are to be funded current Strategic Development of competencies or sets that organizations within this agreement. Faculty travel Executive Women training program and should be developing and conduct a must also be funded within this development of learning materials. Any survey to capture barriers that women agreement. Knowledge and previous use approach to revising the curriculum and minorities face when seeking of level-one and level-two evaluation must include the following: promotion to senior executive positions methods is necessary. The use of Enhancements of the Existing Model: in corrections. blended learning tools, such as a live The revision should include a review The narrative portion of the Web-based training environment or and update of the current program/ cooperative agreement application supplemental online information curriculum based on updated research should include, at a minimum (1) A transfer, is expected. on women’s leadership, the NIC Senior- clear description of women’s learning Site Selection: The training site must Level Leadership Competency, and orientations and the methodology that be a mutually agreed upon site and fall

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within budgetary constraints. It should Programmatic (40%) Applications may be submitted in acknowledge the necessity of an Are all the tasks adequately hard copy, or electronically via evidence-based learning environment. discussed? Is there a clear www.grants.gov. If submitted in hard Curriculum Specifications: The copy, there needs to be an original and understanding of the problem to be curriculum must be designed and three copies of the full proposal addressed? Are the staffing, resources, developed while adhering to the (program and budget narratives, and strategies to be employed sound following standards and specifications: application forms and assurances). The and reasonable? Does the applicant have The curriculum and training design original should have the applicant’s a track record for this work? Are there must be consistent with and embrace signature in blue ink. The program any innovative approaches, techniques, the Instructional Theory into Practice narrative text must be limited to 15 or design aspects proposed that will (ITIP) model. A reference to this model double-spaced pages, exclusive of enhance the project? Are adequate can be found at http://nicic.gov/Library/ resumes and summaries of experience. examples supplied? Are there examples 010714. Written products are developed Please do not submit full curriculum to support the training. The curriculum provided? vitae. facilitation guide is written using a Organizational (30%) Authority: Public law 93–415. standard curriculum document format, which should include, at a minimum, Do the skills, knowledge, and Funds Available: NIC is seeking the modules/sections and titles, expertise of the organization and the applicant’s best ideas regarding performance objectives/expectations, a proposed project staff demonstrate a accomplishment of the scope of work learning activities guide, practice/ high level of competency to carry out and the related costs for achieving the application activities, evaluation the tasks? Does the applicant goals of this solicitation. Funds (up to methods, and resources needed to organization have the necessary $100,000) may be awarded and used conduct training activities. Cited experience in women’s leadership only for the activities that are linked to references should support the development? Are the proposed project the desired goals and outcome of the curriculum content and concepts. management and staffing plans realistic? project. This project will be a collaborative Copyright permissions should be Project Management/Administration venture with the NIC Prisons Division. secured for the use of copyright (20%) protected publications and materials Eligibility of Applicants: An eligible with a minimum usage of three years. Does the applicant identify reasonable applicant is any private agency, All documents must be delivered objectives, milestones, and measures to educational institution, organization, electronically in both MS Word 2003 or track progress? If consultants and/or individual or team with expertise in the higher and hard copy; NIC will have partnerships are proposed, is there a areas described. Review Considerations: final approval of the format, design, and reasonable justification for their Applications received under this organization of the curriculum inclusion in the project and a clear announcement will be subjected to a 3- documents. structure to ensure effective to 5-person NIC Peer Review Process. Required Expertise: The successful coordination? Is sufficient background Note: NIC will NOT award a cooperative applicant and/or project staff will work done to support the approach? agreement to an applicant who does not have a Dun and Bradstreet Database Universal possess knowledge, skills, and Fiscal (10%) experience in the following areas: Number (DUNS) and is not registered in the Program design, strategic processes, Is the proposed budget realistic? Does Central Contractor Registry. correctional organizational culture, team it provide sufficient cost detail/narrative A DUNS number can be received at dynamics, and change management. and represent good value relative to the no cost by calling the dedicated toll-free Demonstrated knowledge and anticipated results? DUNS number request line at 1–(800) experience with the dynamics affecting Application Requirements: 333–0505 (if you are a sole proprietor, women in corrections is necessary. The Applications should be concisely you would dial 1–(866) 705–5711 and applicant will provide an example of written, typed double spaced and select option 1). recent involvement in leadership reference the ‘‘NIC Funding Registration in the CCR can be done development programming specific to Opportunity Number’’ and Title online at the CCR Web site: http:// women and possess knowledge and provided in this announcement. The www.ccr.gov. A CCR handbook and experience in curriculum development application package must include: OMB worksheet can also be reviewed at the based on adult learning theory and the Standard Form 424, Application for Web site. Instructional Theory into Practice (ITIP) Federal Assistance; a cover letter that Number of Awards: One. format. Knowledge and expertise in a identifies the audit agency responsible NIC Funding Opportunity Number: variety of instructional delivery for the applicant’s financial accounts as 12PR02. This number should appear as strategies should utilize, but are not well as the audit period or fiscal year a reference line in the cover letter, limited to, 360 assessment certification, that the applicant operates under (e.g., where indicated on Standard Form 424, asynchronous computer/Web-based July 1 through June 30), an outline of and outside of the envelope in which instructor led, synchronous Web-based, projected costs, and the following forms: the application is sent. and social learning networks, etc. Skill OMB Standard Form 424A, Budget Catalog of Federal Domestic Assistance in designing training curriculum linked Information—Non Construction Number: 16.601. to training objectives, knowledge of Programs, OMB Standard Form 424B, Executive Order 12372: This project is available training evaluation methods, Assurances—Non Construction not subject to the provisions of and effective written and oral Programs (available at www.grants.gov), Executive Order 12372. communication skills are necessary. and DOJ/NIC Certification Regarding Review Considerations: Applications Lobbying; Debarment, Suspension and Thomas J. Beauclair, received under this announcement will Other Responsibility Matters; and Drug- Deputy Director, National Institute of be subject to the NIC Review Process. Free Workplace Requirements (available Corrections. The criteria for the evaluation of each at http://nicic.gov/Downloads/General/ [FR Doc. 2011–32121 Filed 12–14–11; 8:45 am] application will be as follows: certif-frm.pdf BILLING CODE 4410–36–P

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NATIONAL AERONAUTICS AND at Locations 1 through 9 and Locations 18 U.S.C. 371, Conspiracy Statute; SPACE ADMINISTRATION 11, 12, and 14. The locations are set 40 U.S.C. 1441, Responsibilities forth in Appendix A. regarding efficiency, security, and [Notice (11-118)] privacy of Federal computer systems; CATEGORIES OF INDIVIDUALS COVERED BY THE 44 U.S.C. 3101, Records management Privacy Act of 1974; Privacy Act SYSTEM: System of Records by agency heads; general duties; This system maintains information on 50 U.S.C., Internal Security Act of AGENCY: National Aeronautics and Civil Servant Employees, applicants, 1950; Space Administration (NASA). NASA committee members, NASA 51 U.S.C. 20101 National and ACTION: Notice of proposed revisions to consultants, NASA experts, NASA Commercial Space Programs; an existing Privacy Act system of Resident Research Associates, guest 42 U.S.C., 2011 et seq., Atomic Energy records. workers, contractor employees, Act of 1954, as amended; detailees, visitors, correspondents Executive Order 9397, as amended, SUMMARY: Pursuant to the provisions of (written and telephonic), Faculty Numbering System for Federal Accounts the Privacy Act of 1974 (5 U.S.C. 552a), Fellows, Intergovernmental Personnel Relating to Individual Persons; the National Aeronautics and Space Mobility Act (IPA) Employees, Grantees, Executive Order 13526, as amended, Administration is issuing public notice Cooperative Employees, and Remote Classified National Security of its proposal to modify its previously Users of NASA Non-Public Information Information; noticed system of records NASA Technology Resources. This system also Executive Order 12968, as amended, 10SECR Security Records System. This maintains information on all non-U.S. Access to Classified Information; notice sets forth those modifications and citizens, to include Lawful Permanent Executive Order 10865, Safeguarding cancels another NASA system of records Residents seeking access to NASA Classified Information Within Industry; NASA 10FNMS, as those records are facilities, resources, laboratories, Executive Order 10450, Security now combined within NASA 10SECR. contractor sites, Federally Funded Requirements for Government The system updates summarized below Research and Development Centers or Employees; under the caption SUPPLEMENTARY NASA sponsored events for unclassified Pub. L. 81–733, Summary suspension INFORMATION. purposes to include employees of NASA of employment of civilian officers and DATES: Submit comments within 30 or NASA contractors; prospective NASA employees; calendar days from the date of this or NASA contractor employees; Pub. L. 107–347, Federal Information publication. employees of other U.S. Government Security Management Act 2002; agencies or their contractors; foreign HSPD 12, Policy for a Common ADDRESSES: Patti F. Stockman, Privacy students at U.S. institutions; officials or Identification Standard for Federal Act Officer, Office of the Chief other persons employed by foreign Employees and Contractors; Information Officer, National governments or other foreign 14 CFR parts 1203 through 1203b, Aeronautics and Space Administration institutions who may or may not be NASA Information Security Program; Headquarters, Washington, DC 20546– involved in cooperation with NASA 14 CFR 1213; NASA Release of 0001, (202) 358–4787, NASA– under international agreements; foreign Information to News and Information [email protected]. media representatives; and Media; FOR FURTHER INFORMATION CONTACT: representatives or agents of foreign 15 CFR 744; EAR Control Policy: End- NASA Privacy Act Officer, Patti F. national governments seeking access to user and End-use Based; Stockman, (202) 358–4787, NASA– NASA facilities, to include high-level 22 CFR 62, Exchange Visitor Program; [email protected]. protocol visits; or international 22 CFR 120–130; Foreign Relations SUPPLEMENTARY INFORMATION: relations. Export Control; 41 CFR Chapter 101 Federal Property Modifications of the NASA systems of CATEGORIES OF RECORDS IN THE SYSTEM: records include: addition of a system Management Regulation; Personnel Security Records, Personal location, additional description of Identity Records including NASA ROUTINE USES OF RECORDS MAINTAINED IN THE categories of individuals covered by and visitor files, Emergency Data Records, SYSTEM, INCLUDING CATEGORIES OF USERS AND of records contained in the system, THE PURPOSES OF SUCH USES: Criminal Matters, Traffic Management update of authorities for maintenance of Records, and Access Management Any disclosures of information will the system, revision and addition of Records. Specific records fields include, be compatible with the purpose for routine uses, update of retention and but are not limited to: Name, former which the Agency collected the disposal citations, as well as the system names, date of birth, place of birth, information. The records and locations, and practices for storing, social security number, home address, information in these records may be retrieving, and safeguarding phone numbers, citizenship, traffic disclosed: information. infraction, security violation, security 1. To the Department of Justice (DOJ) Linda Y. Cureton, incident, security violation discipline when: (a) The agency or any component NASA Chief Information Officer. status and action taken. thereof; (b) any employee of the agency in his or her official capacity; (c) any NASA 10SECR AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee of the agency in his or her 18 U.S.C. 793–799, Espionage and individual capacity where agency or the SYSTEM NAME: Information Control Statutes; DOJ has agreed to represent the Security Records System. 18 U.S.C. 2151–2157, Sabotage employee; or (d) the United States SECURITY CLASSIFICATION: Statutes; Government, is a party to litigation or None. 18 U.S.C. 202–208, Bribery, Graft, and has an interest in such litigation, and by Conflicts of Interest ; careful review, the agency determines SYSTEM LOCATION: 18 U.S.C. 3056, Powers, authorities, that the records are both relevant and The centralized data system is located and duties of United States Secret necessary to the litigation and the use of at Location 9. Records are also located Service; such records by DOJ is therefore deemed

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by the agency to be for a purpose intelligence agency to carry out its circumstances unless the social security compatible with the purpose for which responsibilities under the National number belongs to the individual the agency collected the records. Security Act of 1947 as amended, the requester. The intent of this use is to 2. To a court or adjudicative body in CIA Act of 1949 as amended, Executive facilitate information flow to parties a proceeding when: (a) The agency or Order 12333 or any successor order, who need the information to adjudicate any component thereof; (b) any applicable national security directives, a claim. employee of the agency in his or her or classified implementing procedures 18. NASA standard routine uses as set official capacity; (c) any employee of the approved by the Attorney General and forth in Appendix B. agency in his or her individual capacity promulgated pursuant to such statutes, POLICIES AND PRACTICES FOR STORING, where agency or the Department of orders or directives. RETRIEVING, ACCESSING, RETAINING, AND Justice has agreed to represent the 11. In order to notify an employee’s DISPOSING OF RECORDS IN THE SYSTEM: employee; or (d) the United States next-of-kin or contractor in the event of Government, is a party to litigation or a mishap involving that employee or STORAGE: has an interest in such litigation, and by contractor. Records in this system are maintained careful review, the agency determines 12. To notify another Federal agency on electronic media and hard-copy that the records are both relevant and when, or verify whether, a PIV card is documents. necessary to the litigation and the use of valid. RETRIEVABILITY: such records is therefore deemed by the 13. To provide relevant information to an internal or external organization or Records are retrieved from the system agency to be for a purpose that is by individual’s name, file number, compatible with the purpose for which element thereof conducting audit activities of a NASA contractor or badge number, decal number, payroll the agency collected the records. number, Agency-specific unique 3. To an Agency in order to provide subcontractor. 14. To provide a NASA contractor, personal identification code, and/or a basis for determining preliminary visa Social Security Number. eligibility. subcontractor, grantee, or other 4. To a staff member of the Executive Government organization information SAFEGUARDS: Office of the President in response to an developed in an investigation or Access to system records is controlled inquiry from the White House. administrative inquiry concerning a by either Government personnel or 5. To the National Archives and violation of a Federal or state statute or selected personnel of NASA contractor Records Administration or to the regulation on the part of an officer or guard/security force and contractor General Services Administration for employee of the contractor, personnel. After presenting proper records management inspections subcontractor, grantee, or other identification and requesting a file or conducted under 44 U.S.C. 2904 and Government organization. record, a person with an official need to 2906. 15. A record from this system may be know and, if appropriate, a proper 6. To agency contractors, grantees, or disclosed to foreign governments or clearance may have access to a file or volunteers who have been engaged to international organizations if required records only after it has been retrieved assist the agency in the performance of by treaties, international conventions, or and approved for release by a NASA a contract service, grant, cooperative executive agreements. security representative. These records agreement, or other activity related to 16. A record from this system may be are secured in security storage this system of records and who need to disclosed to members of a NASA equipment, and/or information have access to the records in order to Advisory Committee or Committees and technology systems employing security perform their activity. Recipients shall interagency boards charged with countermeasures. be required to comply with the responsibilities pertaining to requirements of the Privacy Act of 1974, international visits and assignments RETENTION AND DISPOSAL: as amended, 5 U.S.C. 552a. and/or national security when The Personnel Security Records are 7. To other Federal agencies and authorized by the individual or to the maintained in Agency files and relevant contractor facilities to extent the committee(s) is so authorized destroyed upon notification of the death determine eligibility of individuals to and such disclosure is required by law. or within 5 years after separation or access classified National Security 17. A record from this system may be transfer of employee or within 5 years information. disclosed to the following individuals after contract relationship expires, 8. To any official investigative or for the purpose of providing information whichever is applicable in accordance judicial source from which information on traffic accidents, personal injuries, or with NASA Records Retention is requested in the course of an the loss or damage of property: (a) Schedules (NRRS), Schedule 1 Item 103. investigation, to the extent necessary to Individuals involved in such incidents; The foreign national files are identify the individual, inform the (b) persons injured in such incidents; (c) maintained in Agency files and source of the nature and purpose of the owners of property damaged, lost or destroyed in accordance with NRRS, investigation, and to identify the type of stolen in such incidents; and/or (d) Schedule 1 Item 35. information requested. these individuals’ duly verified The Personal Identity Records are 9. To the news media or the general insurance companies, personal maintained in Agency files and public, factual information the representatives, employers, and/or destroyed upon notification of the death disclosure of which would be in the attorneys. The release of information or within 5 years after separation or public interest and which would not under these circumstances should only transfer of employee or within 5 years constitute an unwarranted invasion of occur when it will not: (a) interfere with after contract relationship expires, personal privacy, consistent with ongoing law enforcement proceedings, whichever is applicable in accordance Freedom of Information Act standards. (b) risk the health or safety of an with NRRS, Schedule 1 Item 103. 10. To a Federal, State, or local individual, or (c) reveal the identity of Visitor files are maintained and agency, or other appropriate entities or an informant or witness that has destroyed in accordance with NRRS, individuals, or through established received an explicit assurance of Schedule 1 Item 114. liaison channels to selected foreign confidentiality. Social security numbers The Emergency Data Records are governments, in order to enable an should not be released under these maintained in Agency files and

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destroyed when superseded or obsolete Access Procedures, above. For Personal the type of information maintained in in accordance with NRRS 1, Item 100B. Identity Records, Emergency Data the records; (e)(4)(G), (H) and (I) relating The Criminal Matter Records are Records, and Traffic Management to publishing in the annual system maintained in Agency files and Records, the NASA rules for access to notice information as to agency destroyed in accordance with Items A records and for contesting contents and procedures for access and correction and B of National Archives and Records appealing initial determinations by the and information as to the categories of Administration Disposition individual concerned appear at 14 CFR sources of records; and (f) relating to Authorization N1–255–07–2 after its part 1212. developing agency rules for gaining approval by the Archivist of the United access and making corrections. The RECORD SOURCE CATEGORIES: States. determination to exempt the Criminal The Traffic Management Records are Information is obtained from a variety Matter Records portion of the Security maintained in Agency files and of sources including the employee, Records System has been made by the destroyed in accordance with Item C of contractor, or applicant via use of the Administrator of NASA in accordance National Archives and Records Standard Form (SF) SF–85, SF–85P, or with 5 U.S.C. 552a(k)(2) and subpart 5 Administration Disposition SF–86 and personal interviews; of the NASA regulations appearing in 14 Authorization N1–255–07–2 after its employers’ and former employers’ CFR part 1212. approval by the Archivist of the United records; FBI criminal history records Records subject to the provisions of 5 States. and other databases; financial U.S.C. 552(b)(1) required by Executive institutions and credit reports; medical Order to be kept secret in the interest of SYSTEM MANAGER(S) AND ADDRESS: records and health care providers; national defense or foreign policy are Deputy Assistant Administrator of the educational institutions; interviews of exempt from the following sections of Office of Protective Services, Location 1. witnesses such as neighbors, friends, the Privacy Act of 1974, 5 U.S.C. Subsystem Managers: The Chief of coworkers, business associates, teachers, 552a:(c)(3) relating to access to the Security/Protective Services at each landlords, or family members; tax disclosure accounting; (d) relating to the subsystem location at locations 1 records; and other public records. access to the records; (e)(1) relating to through 9 and locations 11, 12, and 14. Security violation information is the type of information maintained in Locations are as set forth in obtained from a variety of sources, such the records; (e)(4)(G), (H) and (I) relating Appendix A. as guard reports, security inspections, to publishing in the annual system witnesses, supervisor’s reports, audit notice information as to agency NOTIFICATION PROCEDURE: reports. procedures for access and correction Information may be obtained from the EXEMPTIONS CLAIMED FOR THE SYSTEM: and information as to the categories of cognizant system or subsystem manager Personnel Security Records compiled sources of records; and (f) relating to listed above. Requests must contain the developing agency rules for gaining following identifying data concerning solely for the purpose of determining suitability, eligibility, or qualifications access and making corrections. The the requestor: First, middle, and last determination to exempt this portion of name; date of birth; Social Security for Federal civilian employment, Federal contracts, or access to classified the Security Records System has been Number; period and place of made by the Administrator of NASA in employment with NASA, if applicable. information, but only to the extent that the disclosure of such material would accordance with 5 U.S.C. 552a(k)(1) and RECORD ACCESS PROCEDURES: reveal the identity of a confidential subpart 5 of the NASA regulations Personnel Security Records compiled source, are exempt from the following appearing in 14 CFR part 1212. [FR Doc. 2011–32120 Filed 12–14–11; 8:45 am] solely for the purpose of determining sections of the Privacy Act of 1974, 5 suitability, eligibility, or qualifications U.S.C. 552a(c)(3) relating to access to BILLING CODE P for Federal civilian employment, the disclosure accounting; (d) relating to Federal contracts, or access to classified access to the records; (e)(1) relating to information have been exempted by the the type of information maintained in SECURITIES AND EXCHANGE Administrator under 5 U.S.C. 552a(k)(5) the records; (e)(4)(G), (H) and (I) relating COMMISSION to publishing in the annual system from the access provisions of the Act. [Release No. IC–29881; 812–13987] Personal Identity Records: Requests notice information as to agency from individuals should be addressed to procedures for access and correction Wells Fargo Bank, N.A., et al.; Notice the same address as stated in the and information as to the categories of of Application and Temporary Order Notification section above. sources of records; and (f) relating to Emergency Data Records: Requests developing agency rules for gaining December 9, 2011. from individuals should be addressed to access and making corrections. The AGENCY: Securities and Exchange the same address as stated in the determination to exempt the Personnel Commission (‘‘Commission’’). Notification section above. Security Records portion of the Security ACTION: Temporary order and notice of Criminal Matter Records compiled for Records System has been made by the application for a permanent order under civil or criminal law enforcement Administrator of NASA in accordance section 9(c) of the Investment Company purposes have been exempted by the with 5 U.S.C. 552a(k)(5) and Subpart 5 Act of 1940 (‘‘Act’’). Administrator under 5 U.S.C. 552a(k)(2) of the NASA regulations appearing in 14 from the access provision of the Act. CFR part 1212. SUMMARY: Summary of Application: Traffic Management Records: Requests Criminal Matter Records to the extent Applicants have received a temporary from individuals should be addressed to they constitute investigatory material order exempting them from section 9(a) the same address as stated in the compiled for law enforcement purposes of the Act, with respect to an injunction Notification section above. are exempt from the following sections entered against Wells Fargo Bank, N.A. of the Privacy Act of 1974, 5 U.S.C. (‘‘Wells Fargo Bank’’) on December 9, CONTESTING RECORD PROCEDURES: 552a(c)(3) relating to access to the 2011 by the United States District Court For Personnel Security Records and disclosure accounting; (d) relating to for the District of New Jersey Criminal Matters Records, see Record access to the records; (e)(1) relating to (‘‘Injunction’’) until the Commission

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takes final action on an application for 28288; Alternative Strategies, 401 South amended, offers banking, brokerage, a permanent order. Applicants also have Tryon Street, TH3, Charlotte, NC 28288; advisory and other financial services to applied for a permanent order. WF Funds Management and WF Funds institutional and individual customers Applicants: Wells Fargo Bank, First Distributor, 525 Market Street, 12th worldwide. Wells Fargo also is the International Advisors, LLC (‘‘First Floor, San Francisco, CA 94105; Wells ultimate parent of the other Applicants, International’’), Metropolitan West Capital Management, 525 Market Street, who, as direct or indirect subsidiaries of Capital Management, LLC 10th Floor, San Francisco, CA 94105; the same ultimate parent, are under (‘‘Metropolitan West’’), Golden Capital Peregrine, 800 LaSalle Avenue, Suite common control with Wells Fargo Bank. Management, LLC (‘‘Golden Capital’’), 1850, Minneapolis, MN 55402; Galliard, 2. First International, Metropolitan Alternative Strategies Brokerage 800 LaSalle Avenue, Suite 1100, West, Golden Capital, Alternative Services, Inc. (‘‘Alternative Strategies Minneapolis, MN 55402; and Nelson, Strategies, WF Funds Management, Brokerage’’), Alternative Strategies 1860 Embarcadero Road, #140, Palo Wells Capital Management, Peregrine, Group, Inc. (‘‘Alternative Strategies’’), Alto, CA 94303. Galliard and Nelson are registered as Wells Fargo Funds Management, LLC FOR FURTHER INFORMATION CONTACT: Jean investment advisers under the Advisers (‘‘WF Funds Management’’), Wells E. Minarick, Senior Counsel, at (202) Act and serve as investment advisers or Capital Management Incorporated 551–6811 or Daniele Marchesani, sub-advisers to various Funds. (‘‘Wells Capital Management’’), Branch Chief, at (202) 551–6821 Alternative Strategies Brokerage and WF Peregrine Capital Management, Inc. (Division of Investment Management, Funds Distributor are registered as (‘‘Peregrine’’), Galliard Capital Office of Investment Company broker-dealers under the Securities Management, Inc. (‘‘Galliard’’), Nelson Regulation). Exchange Act of 1934, as amended and Capital Management (‘‘Nelson’’), and each serves as principal underwriter to SUPPLEMENTARY INFORMATION: The Wells Fargo Funds Distributor, LLC various Funds. (‘‘WF Funds Distributor’’) (each an following is a temporary order and 3. On December 9, 2011, the United ‘‘Applicant’’ and collectively, the summary of the application. The States District Court for the District of ‘‘Applicants’’).1 complete application may be obtained New Jersey entered a judgment, which Filing Date: The application was filed via the Commission’s Web site by included the Injunction, against Wells on December 8, 2011 and two searching for the file number, or an Fargo Bank (‘‘Judgment’’) in a matter amendments were filed on December 9, applicant using the Company name box, brought by the Commission.2 The 2011. at http://www.sec.gov/search/ Commission alleged in the complaint Hearing or Notification of Hearing: An search.htm, or by calling (202) 551– (‘‘Complaint’’) that from at least 1997 order granting the application will be 8090. through at least 2005, Wachovia Bank issued unless the Commission orders a Applicants’ Representations engaged in fraudulent practices and hearing. Interested persons may request 1. Wells Fargo Bank is a national made misrepresentations and omissions a hearing by writing to the in connection with bidding on and sale Commission’s Secretary and serving banking association. On March 20, 2010, Wachovia Bank, N.A. (‘‘Wachovia of municipal reinvestment instruments. applicants with a copy of the request, The Complaint alleged that these personally or by mail. Hearing requests Bank’’) merged with and into Wells Fargo Bank. Wells Fargo Bank is fraudulent practices, should be received by the Commission misrepresentations, and omissions by 5:30 p.m. on January 3, 2012, and registered as an investment adviser under the Investment Advisers Act of affected the prices of certain should be accompanied by proof of reinvestment instruments, deprived service on applicants, in the form of an 1940, as amended (the ‘‘Advisers Act’’) and serves as an investment adviser to certain municipalities of a presumption affidavit or, for lawyers, a certificate of that their reinvestment instruments service. Hearing requests should state a Fund (as defined below). No existing company of which Wells Fargo Bank is were purchased at fair market value, the nature of the writer’s interest, the and/or jeopardized the tax-exempt reason for the request, and the issues an affiliated person (other than the Applicants) currently serves as status of certain securities. Based on the contested. Persons who wish to be alleged misconduct described above, the notified of a hearing may request investment adviser, sub-adviser, or depositor of any registered investment Complaint alleged that Wachovia Bank notification by writing to the violated section 17(a) of the Securities Commission’s Secretary. company or business development company (‘‘BDC’’) or principal Act of 1933. Without admitting or ADDRESSES: Secretary, U.S. Securities denying any of the allegations in the and Exchange Commission, 100 F Street underwriter for any registered open-end investment company, registered unit Complaint (other than those relating to NE., Washington, DC 20549–1090; the jurisdiction of the District Court Applicants: Wells Fargo Bank, 101 investment trust (‘‘UIT’’), or registered face amount certificate company, or over it and the subject matter, solely for North Phillips Avenue, Sioux Falls, SD purposes of this action), Wells Fargo 57104; First International, 30 Fenchurch investment adviser of any employees’ securities company, as defined in Bank consented to the entry of the Street, London, England, UK EC3M Injunction and other relief, including 3BD; Metropolitan West, 610 Newport section 2(a)(13) of the Act (‘‘ESC’’) (‘‘Fund Service Activities’’). ‘‘Funds’’ disgorgement and civil monetary Center Drive, Suite 1000, Newport penalties. Beach, CA 92660; Golden Capital, 5 refers to the registered investment Resource Square, Suite 400, 10715 companies, BDCs or ESCs for which a Applicants’ Legal Analysis Covered Person provides Fund Service David Taylor Drive, Charlotte, NC 1. Section 9(a)(2) of the Act, in Activities. Wells Fargo & Company 28262; Alternative Strategies Brokerage, relevant part, prohibits a person who (‘‘Wells Fargo’’) directly owns 37.51% 401 South Tryon Street, Charlotte, NC has been enjoined from engaging in or of Wells Fargo Bank and indirectly continuing any conduct or practice in 1 owns the remainder. Through its direct Applicants request that any relief granted connection with the purchase or sale of pursuant to the application also apply to any and indirect subsidiaries, Wells Fargo, a existing company of which Wells Fargo Bank is or registered financial holding company may become an affiliated person within the 2 U.S. Securities and Exchange Commission v. meaning of section 2(a)(3) of the Act (together with and bank holding company under the Wells Fargo Bank, N.A., Case No. 2:11–cv–07135– the Applicants, the ‘‘Covered Persons’’). Bank Holding Company Act of 1956, as WJM–MF (D.N.J. Dec. 9, 2011).

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a security, or in connection with constituted the violations that provided Any temporary exemption granted activities as an underwriter, broker or a basis for the Injunction have had no, pursuant to the application shall be dealer, from acting, among other things, and will not have any future, without prejudice to, and shall not limit as an investment adviser or depositor of involvement in providing Fund Service the Commission’s rights in any manner any registered investment company or Activities to the Funds on behalf of the with respect to, any Commission BDC or a principal underwriter for any Applicants or other Covered Persons; investigation of, or administrative registered open-end investment and (iii) because the personnel of the proceedings involving or against, company, registered UIT, or registered Applicants (other than Wells Fargo Covered Persons, including without face-amount certificate company or as Bank) did not have any involvement in limitation, the consideration by the investment adviser of an ESC. Section the alleged misconduct, shareholders of Commission of a permanent exemption 9(a)(3) of the Act makes the prohibition Funds that received Fund Service from section 9(a) of the Act requested in section 9(a)(2) applicable to a Activities from the Applicants were not pursuant to the application or the company, any affiliated person of which affected any differently than if those revocation or removal of any temporary has been disqualified under the Funds had received services from any exemptions granted under the Act in provisions of section 9(a)(2). Section other non-affiliated investment adviser, connection with the application. 2(a)(3) of the Act defines ‘‘affiliated depositor or principal underwriter. person’’ to include, among others, any 5. Applicants state that the inability of Temporary Order person directly or indirectly controlling, the Applicants to engage in Fund The Commission has considered the controlled by, or under common Service Activities would result in matter and finds that the Applicants control, with the other person. potentially severe financial hardships have made the necessary showing to Applicants state that Wells Fargo Bank for the Funds they serve and the Funds’ justify granting a temporary exemption. is an affiliated person of each of the shareholders. Applicants state that they Accordingly, other Applicants within the meaning of will distribute written materials, It is hereby ordered, pursuant to section 2(a)(3) of the Act. Applicants including an offer to meet in person to section 9(c) of the Act, that Applicants state that, as a result of the Injunction, discuss the materials, to the boards of and any other Covered Persons are they would be subject to the directors of the Funds (the ‘‘Boards’’), granted a temporary exemption from the prohibitions of section 9(a) of the Act. including the directors who are not provisions of section 9(a), solely with 2. Section 9(c) of the Act provides that ‘‘interested persons,’’ as defined in respect to the Injunction, subject to the the Commission shall grant an section 2(a)(19) of the Act, of such condition in the application, from application for exemption from the Funds, and their independent legal December 9, 2011, until the Commission disqualification provisions of section counsel as defined in rule 0–1(a)(6) takes final action on their application 9(a) of the Act if it is established that under the Act, if any, describing the for a permanent order. these provisions, as applied to the circumstances that led to the Injunction, Applicants, are unduly or any impact on the Funds, and the By the Commission. disproportionately severe or that the application. Applicants state that they Elizabeth M. Murphy, conduct of the Applicants has been such will provide the Boards with the Secretary. as not to make it against the public information concerning the Injunction [FR Doc. 2011–32169 Filed 12–14–11; 8:45 am] interest or the protection of investors to and the application that is necessary for BILLING CODE 8011–01–P grant the exemption. Applicants have the Funds to fulfill their disclosure and filed an application pursuant to section other obligations under the federal 9(c) seeking a temporary and permanent securities laws. SECURITIES AND EXCHANGE order exempting them and other 6. Applicants also state that, if they COMMISSION Covered Persons from the were barred from providing Fund disqualification provisions of section Service Activities to registered Sunshine Act Meeting 9(a). investment companies, BDCs and ESCs, 3. Applicants believe they meet the the effect on their businesses and Notice is hereby given, pursuant to standard for exemption specified in employees would be severe. Applicants the provisions of the Government in the section 9(c). Applicants state that the state that they have committed Sunshine Act, Public Law. 94–409, that prohibitions of section 9(a) as applied to substantial resources to establish an the Securities and Exchange them would be unduly and expertise in providing Fund Service Commission will hold a Closed Meeting disproportionately severe and that the Activities. Applicants further state that on Monday, December 19, 2011 at 2 conduct of the Applicants has been such prohibiting them from providing Fund p.m. as not to make it against the public Service Activities would not only Commissioners, Counsel to the interest or the protection of investors to adversely affect their businesses, but Commissioners, the Secretary to the grant the exemption from section 9(a). would also adversely affect more than Commission, and recording secretaries 4. Applicants state that the alleged 1600 employees that are involved in will attend the Closed Meeting. Certain conduct giving rise to the Injunction did those activities. staff members who have an interest in not involve any of the Applicants 7. Applicants state that Applicants the matters also may be present. engaging in Fund Service Activities. and certain other affiliated persons of The General Counsel of the Applicants also state (i) None of the the Applicants have previously received Commission, or his designee, has current or former directors, officers, or orders under section 9(c) of the Act, as certified that, in his opinion, one or employees of the Applicants (other than the result of conduct that triggered more of the exemptions set forth in 5 Wells Fargo Bank) had any knowledge section 9(a), as described in greater U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) of, or had any involvement in, the detail in the application. and 17 CFR 200.402(a)(3), (5), (7), 9(ii) conduct alleged in the Complaint to and (10), permit consideration of the have constituted the violations that Applicants’ Condition scheduled matters at the Closed provided a basis for the Injunction; (ii) Applicants agree that any order Meeting. the personnel at Wells Fargo Bank who granting the requested relief will be Commissioner Paredes, as duty were involved in the conduct that subject to the following condition: officer, voted to consider the items

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listed for the Closed Meeting in a closed Dated: December 9, 2011. Exchange has prepared summaries, set session. Kevin M. O’Neill, forth in sections A, B, and C below, of The subject matter of the Closed Deputy Secretary. the most significant aspects of such Meeting scheduled for Monday, [FR Doc. 2011–32132 Filed 12–14–11; 8:45 am] statements. December 19, 2011 will be: BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Institution and settlement of Statement of the Purpose of, and the injunctive actions; Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Change Institution and settlement of COMMISSION administrative proceedings; 1. Purpose [Release No. 34–65924; File No. SR–Phlx– Other matters relating to enforcement 2011–167] The purpose of the proposed rule proceedings; and change is to extend the waiver of Permit An adjudicatory matter. Self-Regulatory Organizations; Fees to Exchange members or member At times, changes in Commission NASDAQ OMX PHLX LLC; Notice of organizations that were members on the priorities require alterations in the Filing and Immediate Effectiveness of Exchange prior to the initiation of PSX scheduling of meeting items. Proposed Rule Change Relating to the and have since determined to Permit Fee commence an equities business. The For further information and to Exchange continues to seek to ascertain what, if any, matters have been December 9, 2011. encourage members to trade on added, deleted or postponed, please Pursuant to Section 19(b)(1) of the NASDAQ OMX PSX (‘‘PSX’’) 3 under a contact: The Office of the Secretary at Securities Exchange Act of 1934 market participant identifier (‘‘MPID’’) 4 1 2 (202) 551–5400. (‘‘Act’’) , and Rule 19b–4 thereunder, registered to the member or member Dated: December 12, 2011. notice is hereby given that on November organization. Kevin M. O’Neill, 28, 2011, NASDAQ OMX PHLX LLC Currently, the Exchange assesses (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Deputy Secretary. members and member organizations Securities and Exchange Commission who are transacting business on the [FR Doc. 2011–32219 Filed 12–20–11; 11:15 am] (‘‘SEC’’ or ‘‘Commission’’) the proposed Exchange a Permit Fee of $1,100 per BILLING CODE 8011–01–P rule change as described in Items I, II, month.5 A member or member and III, below, which Items have been organization is assessed the $1,100 prepared by the Exchange. The SECURITIES AND EXCHANGE monthly Permit Fee if that member or Commission is publishing this notice to COMMISSION member organization: (1) Transacts its solicit comments on the proposed rule option orders in its assigned Phlx house change from interested persons. account in a particular month; (2) is a [Release No. 34–65689A; File No. SR–Phlx– clearing member of The Options 2011–142] I. Self-Regulatory Organization’s Statement of the Terms of Substance of Clearing Corporation or a Floor Broker; Self-Regulatory Organizations; the Proposed Rule Change or (3) for those member organizations which are under common ownership, NASDAQ OMX PHLX LLC; Notice of The Exchange proposes to amend the Filing of Proposed Rule Change To transacts at least one options trade in a Exchange’s Fee Schedule to waive Phlx house account that is assigned to Modify Its Co-Location Fee Schedule Permit Fees for existing Exchange Regarding Low Latency Network one of the member organizations under members or member organizations that 6 Connections; Correction common ownership. Members who are were members on the Exchange prior to not transacting business on the the initiation of PSX and have since AGENCY: Securities And Exchange Exchange are assessed a Permit Fee of determined to commence an equities Commission. $7,500 per month. A member or member business. organization is assessed the $7,500 ACTION: Notice; correction. The text of the proposed rule change Permit Fee for not transacting business is available on the Exchange’s Web site on the Exchange if that member is SUMMARY: The Securities and Exchange at http://nasdaqtrader.com/ either: (i) Not a PSX Participant;7 or not Commission published a document in micro.aspx?id=PHLXfilings, at the engaged in an options business at the the Federal Register of November 10, principal office of the Exchange, on the Exchange in a particular month. In 2011 concerning a Proposed Rule Commission’s Web site at http:// Change by NASDAQ OMX PHLX LLC to www.sec.gov and at the Commission’s 3 PSX is the Exchange’s cash equities market Modify its Co-Location Fee Schedule Public Reference Room. electronic trading platform. 4 An MPID is a four-letter code used by a member Regarding Low Latency Network II. Self-Regulatory Organization’s Connections; The document contained a to categorize its trading activity for a specific Statement of the Purpose of, and purpose. typographical error in the heading. Statutory Basis for, the Proposed Rule 5 The Exchange recently filed to amend its Permit FOR FURTHER INFORMATION CONTACT: Change Fees to $2,000 for members transacting business on the Exchange. The rule text of Exhibit 5 reflects the Daniel T. Gien, Special Counsel, In its filing with the Commission, the text of that currently effective filing which will be Division of Trading and Markets, Exchange included statements operative on January 3, 2012, in part. See SR–Phlx– Securities and Exchange Commission, concerning the purpose of and basis for 2011–166. 6 100 F Street NE., Washington, DC the proposed rule change and discussed For purposes of the Permit Fee, ‘‘common 20549, (202) 551–5747. ownership’’ shall be defined as at least 75% any comments it received on the common ownership between the member Correction: proposed rule change. The text of these organizations. statements may be examined at the 7 Applicants that apply for membership solely to In the Federal Register of November places specified in Item IV below. The participate in the NASDAQ OMX PSX equities market are not assessed a Permit Fee, Application 10, 2011, in FR Doc. 2011–29110, on Fee, Initiation Fee, or Account Fee. See Securities page 70187, correct the heading to read 1 15 U.S.C. 78s(b)(1). Exchange Act Release No. 61863 (April 7, 2010), 75 as noted above. 2 17 CFR 240.19b–4. FR 20021 (April 16, 2010) (SR–Phlx–2010–54).

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addition, a member or member organizations that were members of the within 60 days of the filing of the organization that sponsors an options Exchange before the initiation of PSX, proposed rule change, the Commission participant 8 would pay an additional but were not conducting an options summarily may temporarily suspend Permit Fee for each sponsored options business, and thereafter commenced such rule change if it appears to the participant. If the Exchange member or conducting an equities business. These Commission that such action is member organization meets the members and member organizations necessary or appropriate in the public exemption criteria related to the $7,500 were not considered ‘‘new’’ members interest, for the protection of investors, Permit Fee, the member or member and were therefore not subject to the or otherwise in furtherance of the organization would be assessed the waiver. The Exchange proposes to allow purposes of the Act. If the Commission $1,100 Permit Fee or $2,000 as of these members and member takes such action, the Commission shall January 3, 2012. organizations to receive a waiver of the institute proceedings to determine At the time PSX began operations in Permit Fee. These members and member whether the proposed rule should be October 2010, the Exchange filed a rule organizations must not be conducting an approved or disapproved. change to waive the Application Fee, options business to receive the waiver, IV. Solicitation of Comments Initiation Fee, Permit Fee and Account but would be considered PSX only. Fee for applicants applying to Interested persons are invited to participate in PSX (‘‘October 2010 Rule 2. Statutory Basis submit written data, views, and Change’’).9 The October 2010 Rule The Exchange believes that its arguments concerning the foregoing, Change applied the waivers to new proposal to amend its Fee Schedule is including whether the proposed rule Exchange members that solely consistent with Section 6(b) of the Act 15 change is consistent with the Act. participated in PSX.10 Also, the October in general, and furthers the objectives of Comments may be submitted by any of 2010 Rule Change did not apply the Section 6(b)(4) of the Act 16 in the following methods: particular, in that it is an equitable waivers to an applicant seeking Electronic Comments approval to participate solely in the allocation of reasonable fees and other • options market, or to an applicant charges among Exchange members and Use the Commission’s Internet seeking to participate in both the other persons using its facilities. comment form (http://www.sec.gov/ 11 The Exchange believes that it is rules/sro.shtml); or equities and the options markets. • Finally, the October 2010 Rule Change reasonable to waive fees as an incentive Send an email to rule- did not apply waivers to members or for existing Exchange members and [email protected]. Please include File member organizations that cease their member organizations to continue to No. SR–Phlx–2011–167 on the subject options operations, but remain as sole transact business on PSX. line. PSX Participants. The Exchange The Exchange believes that the Paper Comments subsequently filed an amendment to proposal is equitable and not unfairly • Send paper comments in triplicate allow existing members or member discriminatory because the waiver to Elizabeth M. Murphy, Secretary, organizations that cease to conduct an applies uniformly to any members and Securities and Exchange Commission, options business on Phlx XL II,12 but member organizations that solely 100 F Street NE., Washington, DC continue to conduct business PSX, to conduct an equities business on the 20549–1090. receive a waiver of Permit Fee.13 Exchange. The fact that these members This filing proposes to apply the and member organizations were at the All submissions should refer to File No. waiver of the Permit Fee 14 to those Exchange prior to the commencement of SR–Phlx–2011–167. This file number Exchange members and member PSX should not prohibit them from should be included on the subject line receiving the same waiver as other if email is used. To help the 8 See Exchange Rule 1094 titled Sponsored equities members who are not Commission process and review your Participants. A Sponsored Participant may obtain conducting an options Exchange. comments more efficiently, please use authorized access to the Exchange only if such only one method. The Commission will access is authorized in advance by one or more B. Self-Regulatory Organization’s post all comments on the Commission’s Sponsoring Member Organizations. Sponsored Statement on Burden on Competition Participants must enter into and maintain Internet Web site (http://www.sec.gov/ participant agreements with one or more The Exchange does not believe that rules/sro.shtml). Copies of the Sponsoring Member Organizations establishing a the proposed rule change will impose submission, all subsequent proper relationship(s) and account(s) through which the Sponsored Participant may trade on the any burden on competition not amendments, all written statements Exchange. necessary or appropriate in furtherance with respect to the proposed rule 9 See Securities Exchange Act Release No. 63351 of the purposes of the Act. change that are filed with the (November 19, 2010), 75 FR 73140 (November 29, Commission, and all written 2010) (SR–Phlx–2010–54). C. Self-Regulatory Organization’s 10 See Securities Exchange Act Release No. 63351 Statement on Comments on the communications relating to the (November 19, 2010), 75 FR 73140 (November 29, Proposed Rule Change Received From proposed rule change between the 2010) (SR–Phlx–2010–54). Members, Participants, or Others Commission and any person, other than 11 See Securities Exchange Act Release No. 63351 those that may be withheld from the (November 19, 2010), 75 FR 73140 (November 29, No written comments were either public in accordance with the 2010) (SR–Phlx–2010–54). solicited or received. 12 Phlx XL II is the Exchange’s electronic options provisions of 5 U.S.C. 552, will be trading platform. III. Date of Effectiveness of the available for Web site viewing and 13 See Securities Exchange Act Release No. 64265 Proposed Rule Change and Timing for printing in the Commission’s Public (April 8, 2011), 76 FR 21080 (April 14, 2011) (SR– Commission Action Reference Room, 100 F Street NE., Phlx–2011–43). Washington, DC 20549, on official 14 These members and member organizations The foregoing rule change has become would not be assessed an Application Fee or effective pursuant to Section business days between the hours of 10 Initiation Fee because they are already Exchange 19(b)(3)(A)(ii) of the Act.17 At any time a.m. and 3 p.m. Copies of such filing members or member organizations and have also will be available for inspection and previously paid those fees. In addition, the monthly 15 copying at the principal office of the Account Fee would not be applicable to PSX 15 U.S.C. 78f(b). Participants as MPIDs are used to identify member 16 15 U.S.C. 78f(b)(4). Exchange. All comments received will firms’ participation, not account numbers. 17 15 U.S.C. 78s(b)(3)(A)(ii). be posted without change; the

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Commission does not edit personal proposed rule change, as modified by principles of trade, to foster cooperation identifying information from Amendment No. 1. and coordination with persons engaged submissions. You should submit only The Exchange proposes, by amending in facilitating transactions in securities, information that you wish to make its rules to add Rule 3301(f)(11), to to remove impediments to and perfect available publicly. All submissions introduce the Minimum Life Order as a the mechanism of a free and open should refer to File No. SR–Phlx–2011– new order type for use on PSX. A market and a national market system, 167 and should be submitted on or Minimum Life Order may not be and, in general, to protect investors and before January 5, 2012. cancelled by the entering participant for the public interest. 100 milliseconds following receipt by The Exchange’s new Minimum Life For the Commission, by the Division of the Exchange. If a market participant Displayed Order type, which cannot be Trading and Markets, pursuant to delegated entering a Minimum Life Order submits cancelled until after a 100 millisecond authority.18 a cancel message with respect to a window has expired, allows market Kevin M. O’Neill, Minimum Life Order at the same time participants to elect to commit to trade Deputy Secretary. as the order, or at any point during the for that time period and thus, according [FR Doc. 2011–32139 Filed 12–14–11; 8:45 am] ‘‘no cancel’’ window, the cancel to the Exchange, is designed to BILLING CODE 8011–01–P message will not be rejected, but will be encourage removers of liquidity to route effected only following the expiration of orders to the Exchange in anticipation of the window (assuming the order has not receiving higher fill rates.15 The SECURITIES AND EXCHANGE already been executed). All Minimum Commission believes that the Minimum COMMISSION Life Orders must be designated as Life Order could provide additional Displayed Orders. trading opportunities on the Exchange, [Release No. 34–65926; File No. SR–Phlx– The Commission received one consistent with just and equitable 2011–141] comment letter, which was generally principles of trade, and is designed to supportive of the proposed rule encourage displayed liquidity and offer Self-Regulatory Organizations; change.7 The commenter, however, PSX market participants additional NASDAQ OMX PHLX LLC; Order expressed concern that predatory options when posting liquidity on PSX, Granting Approval of Proposed Rule traders will be able to know when an consistent with removing impediments Change, as Modified by Amendment order has a minimum life because there to and perfecting the mechanisms of a No. 1, To Introduce the Minimum Life will be a new flag in the data feed.8 The free and open market and a national Order as a New Order Type commenter is concerned that predatory market system, the protection of traders would be able to use such investors and the public interest. December 9, 2011. information to further model price It is therefore ordered, pursuant to 9 On October 12, 2011, NASDAQ OMX behavior in the markets. The Exchange Section 19(b)(2) of the Act,16 that the PHLX LLC (‘‘Exchange’’ or ‘‘Phlx’’) filed stated in its response to the commenter proposed rule change (SR–Phlx–2011– with the Securities and Exchange that Minimum Life Orders will not be 141), as amended, be, and hereby is, Commission (‘‘Commission’’), pursuant distinguished from other Displayed approved. to Section 19(b)(1) of the Securities Orders in any data that will be disseminated to market participants.10 For the Commission, by the Division of Exchange Act of 1934 (‘‘Act’’) 1 and Rule Trading and Markets, pursuant to delegated 19b–4 thereunder,2 a proposed rule The Exchange notes that the flag authority.17 mentioned by the commenter will be change to introduce the Minimum Life Kevin M. O’Neill, used for order entry, but not for order Order as new order type for use in the 11 Deputy Secretary. NASDAQ OMX PSX (‘‘PSX’’) system. display. After careful review, the Commission [FR Doc. 2011–32141 Filed 12–14–11; 8:45 am] The proposed rule change was finds that the proposed rule change is BILLING CODE 8011–01–P published for comment in the Federal consistent with the requirements of Register on October 28, 2011.3 On Section 6 of the Act 12 and the rules and October 26, 2011, the Exchange filed regulations thereunder applicable to a SECURITIES AND EXCHANGE Amendment No. 1 to the proposed rule national securities exchange.13 In COMMISSION change.4 The Commission has received particular, the Commission finds that [Release No. 34–65929; File No. SR– one comment letter on the proposed the proposed rule change is consistent NASDAQ–2011–171] rule change.5 The Exchange responded with Section 6(b)(5) of the Act,14 which to the comment letter on November 28, requires, among other things, that the Self-Regulatory Organizations; The 2011.6 This order approves the Exchange’s rules be designed to prevent NASDAQ Stock Market LLC; Notice of fraudulent and manipulative acts and Filing and Immediate Effectiveness of 18 17 CFR 200.30–3(a)(12). practices, to promote just and equitable Proposed Rule Change Relating to 1 15 U.S.C. 78s(b)(1). Post-Only Order 2 17 CFR 240.19b–4. 7 See supra note 5. However, the commenter does 3 See Securities Exchange Act Release No. 65610 December 9, 2011. believe that, in order for the minimum order live (October 24, 2011), 76 FR 67012 (‘‘Notice’’). to be truly effective, that it cannot be a voluntary Pursuant to Section 19(b)(1) of the 4 Amendment No. 1 to the proposed rule change order offered by just one exchange, but should Securities Exchange Act of 1934 reflects the October 19, 2011 approval of the apply to all orders. 1 2 proposed rule change by the Board of Directors of (‘‘Act’’), and Rule 19b–4 thereunder, 8 Id. Phlx. This is a technical amendment and is not notice is hereby given that on December 9 subject to notice and comment as it does not Id. 6, 2011, The NASDAQ Stock Market 10 materially affect the substance of the filing. See Comment Response, supra note 6. LLC (the ‘‘Exchange’’ or ‘‘NASDAQ’’) 5 See Letter dated November 1, 2011, from Sal 11 Id. Arnuk and Joe Saluzzi, Themis Trading, LLC, to 12 15 U.S.C. 78f. 15 Elizabeth M. Murphy, Secretary, Commission. 13 In approving this proposed rule change, the See Notice, supra note 3. 16 6 See Letter dated November 28, 2011, from John Commission has considered the proposed rule’s 15 U.S.C. 78s(b)(2). M. Yetter, Vice President & Deputy General impact on efficiency, competition, and capital 17 17 CFR 200.30–3(a)(12). Counsel, NASDAQ OMX, to Elizabeth M. Murphy, formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). Secretary, Commission (‘‘Comment Response’’). 14 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.

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filed with the Securities and Exchange Only Orders may not have a time-in- 2012, which the Exchange believes is Commission (‘‘Commission’’) the force designation of Good Til Cancelled consistent with just and equitable proposed rule change as described in (‘‘GTC’’).5 principles of trade. Because the Post- Items I and II below, which Items have At this time, the Exchange proposes to Only Order is designed to encourage been prepared by the Exchange. The amend the definition in Chapter VI, displayed liquidity and offer NOM Commission is publishing this notice to Section 1(e)(11), to provide that, like the market participants greater flexibility to solicit comments on the proposed rule time-in-force designation of GTC, a Post- post liquidity on NOM, limiting the change from interested persons. Only Order cannot have a time-in-force time-in-force is consistent with designation of Immediate or Cancel (or removing impediments to and I. Self-Regulatory Organization’s IOC). Immediate or Cancel, which is perfecting the mechanisms of a free and Statement of the Terms of Substance of described in Chapter VI, Section 1(g)(2), open market and a national market the Proposed Rule Change means for orders so designated, that if system. NASDAQ is filing with the Securities after entry into the System a marketable and Exchange Commission order (or unexecuted portion thereof) B. Self-Regulatory Organization’s (‘‘Commission’’) a proposal for the becomes non-marketable, the order (or Statement on Burden on Competition NASDAQ Options Market (‘‘NOM’’) to unexecuted portion thereof) shall be The Exchange does not believe that amend Chapter VI, Trading Systems, canceled and returned to the entering the proposed rule change will impose Section 1, Definitions, to change the participant. Accordingly, IOC orders are any burden on competition not definition of ‘‘Post-Only Order,’’ as available to trade immediately and, if necessary or appropriate in furtherance described further below, and delay its not executed, are then cancelled back to of the purposes of the Act. implementation until February 2012. the Participant. The text of the proposed rule change The Exchange believes that the IOC C. Self-Regulatory Organization’s is available at http:/ time-in-force designation is not Statement on Comments on the nasdaq.cchwallstreet.com/, at appropriate for Post-Only Orders, Proposed Rule Change Received From NASDAQ’s principal office, and at the because IOC orders cannot post on the Members, Participants, or Others Commission’s Public Reference Room. book and Post-Only Orders cannot No written comments were either remove liquidity, such that there would solicited or received. II. Self-Regulatory Organization’s be no logical outcome for an IOC Post- Statement of the Purpose of, and Only Order. Accordingly, the Exchange III. Date of Effectiveness of the Statutory Basis for, the Proposed Rule is proposing to expressly state in its Proposed Rule Change and Timing for Change rules that such orders do not exist. Commission Action In its filing with the Commission, the In addition, the Exchange proposes to Because the foregoing proposed rule Exchange included statements delay the implementation of Post-Only change does not: (i) Significantly affect concerning the purpose of and basis for Orders to take aforementioned change the protection of investors or the public the proposed rule change and discussed into account and delay implementation interest; (ii) impose any significant any comments it received on the until February 2012. The Exchange will burden on competition; and (iii) become proposed rule change. The text of those announce the specific date that these operative for 30 days from the date on statements may be examined at the orders will become available to its which it was filed, or such shorter time places specified in Item IV below. The membership via an Options Trader as the Commission may designate, it has Exchange has prepared summaries, set Alert. become effective pursuant to Section forth in sections A, B, and C below, of 2. Statutory Basis 19(b)(3)(A) of the Act 8 and the most significant parts of such subparagraph (f)(6) of Rule 19b–4 The Exchange believes that its statements. thereunder.9 proposal is consistent with Section 6(b) A proposed rule change filed A. Self-Regulatory Organization’s of the Act 6 in general, and furthers the pursuant to Rule 19b–4(f)(6) under the Statement of the Purpose of, and objectives of Section 6(b)(5) of the Act 7 Act 10 normally does not become Statutory Basis for, Proposed Rule in particular, in that it is designed to operative for 30 days after the date of its Change prevent fraudulent and manipulative filing. However, Rule 19b–4(f)(6) acts and practices, to promote just and 1. Purpose permits the Commission to designate a equitable principles of trade, to foster shorter time if such action is consistent The Exchange recently adopted a new cooperation and coordination with 3 with the protection of investors and the order type called Post-Only Order, persons engaged in facilitating public interest. The Exchange requests which is an order that will not remove transactions in securities, and to remove that the Commission waive the 30-day liquidity from the System and is to be impediments to and perfect the operative delay in order to implement ranked and executed on the Exchange or mechanisms of a free and open market this proposal prior to December 8, 2011, cancelled, as appropriate, without and a national market system, and, in 4 because, without such a waiver, the routing away to another market. Post- general, to protect investors and the Exchange’s recent filing adopting the public interest, because it better 3 See Securities Exchange Act Release No. 65761 new Post-Only order type would explains an additional order type on (November 16, 2011), 76 FR 72230 (November 22, become operative on December 8, 2011)(SR–NASDAQ–2011–152). NOM, making clear that the IOC time- 4 Post-Only Orders are evaluated at the time of in-force is not available and the order entry with respect to locking or crossing other type is not available until February 8 15 U.S.C. 78s(b)(3)(A). orders as follows: (i) If a Post-Only Order would 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– lock or cross an order on the System, the order will 4(f)(6) requires a self-regulatory organization to give be re-priced to $.01 below the current low offer (for best bid or offer as reflected in the protected the Commission written notice of its intent to file bids) or above the current best bid (for offers) and quotation of another market center, the order will the proposed rule change at least five business days displayed by the System at one minimum price be handled pursuant to Chapter VI, Section prior to the date of filing of the proposed rule increment below the current low offer (for bids) or 7(b)(3)(C). change, or such shorter time as designated by the above the current best bid (for offers); and (ii) if a 5 See NOM Rules, Chapter VI, Section 1(g). Commission. The Exchange has satisfied this Post-Only Order would not lock or cross an order 6 15 U.S.C. 78f(b). requirement. on the System but would lock or cross the national 7 15 U.S.C. 78f(b)(5). 10 17 CFR 240.19b–4(f)(6).

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2011.11 The Exchange, however, will change that are filed with the This order approves the proposed rule not be ready to implement the new Commission, and all written change. order type until February 2012. The communications relating to the II. Description Commission believes that waiving the proposed rule change between the 30-day operative delay is consistent Commission and any person, other than The purpose of the proposed rule with the protection of investors and the those that may be withheld from the change is to amend OCC’s by-laws and public interest, because it will allow the public in accordance with the rules to clarify OCC’s authority to use, Exchange to immediately delay the provisions of 5 U.S.C. 552, will be and the manner in which OCC may use, implementation of Post-Only orders, available for Web site viewing and a defaulting clearing member’s margin preventing a gap between when the new printing in the Commission’s Public deposits and contributions to the order type is operative under the rules Reference Room, 100 F Street NE., clearing fund and all other clearing and when the new order type will be Washington, DC 20549, on official members’ clearing fund contributions 4 implemented and available for use in business days between the hours of 10 to obtain temporary liquidity for February 2012. For these reasons, the a.m. and 3 p.m. Copies of such filing purposes of meeting liquidity needs Commission designates that the also will be available for inspection and arising from Default Obligations.5 proposed rule change become operative copying at the principal office of An essential element of OCC’s risk immediately upon filing.12 NASDAQ. All comments received will management regime is sound At any time within 60 days of the be posted without change; the management of liquidity risk. OCC filing of the proposed rule change, the Commission does not edit personal regularly examines its liquidity risk Commission summarily may identifying information from exposure to determine the optimal temporarily suspend such rule change if submissions. You should submit only amount and form of available liquidity. it appears to the Commission that such information that you wish to make OCC’s largest potential liquidity needs action is necessary or appropriate in the available publicly. All submissions are projected to occur in the case of a public interest, for the protection of should refer to File Number SR– clearing member’s default where OCC investors, or otherwise in furtherance of NASDAQ–2011–171 and should be would be obligated to settle the the purposes of the Act. submitted on or before January 5, 2012. defaulting clearing member’s payment obligations with respect to option IV. Solicitation of Comments For the Commission, by the Division of premiums, settlement of cash-settled Interested persons are invited to Trading and Markets, pursuant to delegated 13 option exercises, and mark-to-market submit written data, views, and authority. Kevin M. O’Neill, payments. These are obligations that arguments concerning the foregoing, OCC must fund on time and potentially Deputy Secretary. including whether the proposed rule with only a few hours of advance change is consistent with the Act. [FR Doc. 2011–32143 Filed 12–14–11; 8:45 am] notice—from notice of default until the Comments may be submitted by any of BILLING CODE 8011–01–P payments are due. the following methods: One of the resources that OCC may use to meet its liquidity needs is its Electronic Comments SECURITIES AND EXCHANGE existing committed credit facility. The • Use the Commission’s Internet COMMISSION amount of funds available to OCC under comment form (http://www.sec.gov/ the committed credit facility is limited rules/sro.shtml); or [Release No. 34–65927; File No. SR–OCC– not only by the overall size of the • Send an email to rule- 2011–15] [email protected]. Please include File facility, but also by the amount of assets Number SR–NASDAQ–2011–171 on the Self-Regulatory Organizations; that OCC can pledge as collateral to subject line. Options Clearing Corporation; Order lenders supporting the facility. OCC Approving Proposed Rule Change believes that, in addition to the Paper Comments Relating to Management of Liquidity authority it already has to pledge • Send paper comments in triplicate Risk clearing fund assets to secure a loan to to Elizabeth M. Murphy, Secretary, cover Default Obligations, it should also Securities and Exchange Commission, December 9, 2011. have the express power to pledge a suspended clearing member’s margin 100 F Street NE., Washington, DC I. Introduction 20549. deposits to secure loans for the purpose All submissions should refer to File On October 12, 2011, the Options of meeting obligations arising out of the Number SR–NASDAQ–2011–171. This Clearing Corporation (‘‘OCC’’) filed with default and suspension of that clearing file number should be included on the the Securities and Exchange member or any action taken by OCC in subject line if email is used. To help the Commission (‘‘Commission’’) the connection therewith. OCC clearly has Commission process and review your proposed rule change SR–OCC–2011–15 authority to pledge a suspended clearing comments more efficiently, please use pursuant to Section 19(b)(1) of the member’s clearing fund deposits for that only one method. The Commission will Securities Exchange Act of 1934 1 2 post all comments on the Commission’s (‘‘Act’’) and Rule 19b–4 thereunder. 4 Margin deposits secure only the depositing The proposed rule change was clearing member’s own obligations to OCC whereas Internet Web site (http://www.sec.gov/ clearing fund deposits of all clearing members may rules/sro.shtml). Copies of the published for comment in the Federal 3 be applied by OCC not only to losses arising from submission, all subsequent Register on November 1, 2011. The the depositing clearing member’s default, but also amendments, all written statements Commission received no comment to losses resulting from defaults by other clearing letters on the proposed rule change. members and specified other third parties such as with respect to the proposed rule settlement banks and other clearing organizations. See generally Article VIII, Sections 1 and 5 of OCC’s 11 See supra note 3. 13 17 CFR 200.30–3(a)(12). by-laws and Rule 604 of OCC’s rules. 12 For purposes only of waiving the 30-day 1 15 U.S.C. 78s(b)(1). 5 The specific language of the proposed changes operative delay, the Commission has considered the 2 17 CFR 240.19b–4. can be found at http://www.optionsclearing.com/ proposed rule’s impact on efficiency, competition, 3 Securities Exchange Act Release No. 65622 components/docs/legal/rules_and_bylaws/ and capital formation. 15 U.S.C. 78c(f). (October 28, 2011), 76 FR 67523. sr_occ_11_15.pdf.

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purpose under Article VIII, Section 5(e) for purposes of meeting Default requirements of Section 17A of the Act 7 of the by-laws. OCC believes that it is Obligations is not limited to pledging and the rules and regulations not as clear that it has authority to such assets under the committed credit thereunder. pledge a suspended clearing member’s facility. Rather, OCC would have It is therefore ordered, pursuant to margin deposits. Rule 1104(a) provides, express authority to use such assets to Section 19(b)(2) of the Act,8 that the among other things, that upon the obtain liquidity through any reasonable proposed rule change (File No. SR– suspension of a clearing member, OCC means as determined by designated OCC–2011–15) be, and hereby is, shall promptly ‘‘convert to cash,’’ in the executive officers of OCC in their approved.9 most orderly manner practicable, all of discretion. The addition of the language For the Commission by the Division of the clearing member’s margin deposits. ‘‘or otherwise obtain’’ in Article VIII, Trading and Markets, pursuant to delegated Although this mandate might be Section 5(e) of the by-laws reflects that authority.10 construed to include the authority to certain transactions by which OCC may Kevin M. O’Neill, pledge margin assets as collateral for obtain liquidity could be characterized Deputy Secretary. borrowings under the committed credit as something other than a transaction in [FR Doc. 2011–32142 Filed 12–14–11; 8:45 am] facility, the phrase ‘‘convert to cash’’ which funds are ‘‘borrowed.’’ For BILLING CODE 8011–01–P has generally been used in the by-laws example, in a Master Repurchase as synonymous with ‘‘liquidate’’ to refer Agreement, the Agreement states that to a final disposition of an asset. And the parties’ intent is for the transactions SECURITIES AND EXCHANGE even if OCC does have implied to be ‘‘sales’’ and ‘‘purchases,’’ but also COMMISSION authority to pledge margin assets, that contains provisions if such transactions [Release No. 34–65934; File No. SR–Phlx– may not be transparent to all clearing are deemed to be loans. Accordingly, 2011–170] members because it is not expressly the use of ‘‘or otherwise obtain’’ in the stated in the rule. In order to eliminate phrase ‘‘borrow or otherwise obtain’’ Self-Regulatory Organizations; any ambiguity, OCC proposed to (i) addresses the possibility that the NASDAQ OMX PHLX LLC; Notice of Amend Rule 1104 and Rule 1106 to transaction by which OCC obtains funds Filing of Proposed Rule Change to replace the phrases ‘‘convert to cash,’’ ’’ may not be deemed to be a ‘‘borrowing’’ Request Permanent Approval of the conversion to cash’’ and ‘‘converted to and forestalls technical arguments that Pilot Program to Permit NASDAQ OMX cash’’ with the words ‘‘liquidate,’’ it would be necessary for the transaction PSX to Accept Inbound Orders that ‘‘liquidation’’ and ‘‘liquidated,’’ to be a ‘‘loan’’ in order for OCC to Nasdaq Execution Services, LLC respectively; and (ii) amend Rule borrow funds. Routes in its Capacity as a Facility of 1104(b) to expressly give OCC the power The NASDAQ Stock Market LLC III. Discussion to pledge a suspended clearing member’s margin deposits as security Section 17A(b)(3)(F) of the Act December 9, 2011. for loans if designated executive officers requires that the rules of a registered Pursuant to Section 19(b)(1) of the of OCC determine that immediate Securities Exchange Act of 1934 clearing agency be designed to promote 1 2 liquidation of such assets for cash under the prompt and accurate clearance and (‘‘Act’’) and Rule 19b–4 thereunder, then-existing circumstances would not settlement of securities transactions and notice is hereby given that on December be in the best interests of OCC, other to assure the safeguarding of securities 1, 2011, NASDAQ OMX PHLX LLC clearing members, or the general public. and funds which are in the custody or (‘‘Phlx’’ or the ‘‘Exchange’’) filed with control of the clearing agency or for the Securities and Exchange While OCC’s $2 billion committed Commission (q‘‘Commission’’) the which it is responsible.6 The proposed credit facility should normally be more proposed rule change as described in rule change is designed to clarify OCC’s than sufficient to meet OCC’s liquidity Items I, II, and III below, which Items authority to take action following a needs, it is nevertheless possible that have been prepared by the Exchange. clearing member default in order to OCC could encounter a liquidity The Commission is publishing this facilitate the settlement of the defaulting demand that exceeds the size of that notice to solicit comments on the clearing member’s payment obligations facility. Moreover, it could be difficult proposed rule change from interested with respect to option premiums, to maintain the size of the facility under persons. unfavorable market conditions (i.e., if settlement of cash-settled option the credit markets tighten significantly). exercises, and mark-to-market I. Self-Regulatory Organization’s In addition, future regulatory payments. The Commission believes Statement of the Terms of Substance of requirements for clearinghouses could that the express authority to obtain the Proposed Rule Change impose liquidity requirements that funds based on a suspended member’s Phlx is filing this proposed rule would be difficult to meet with a clearing fund deposits and margin change to request permanent approval committed credit facility alone. In order deposits may facilitate OCC’s ability to of the Exchange’s pilot program to to be better prepared to deal with such obtain the liquidity it needs to promote permit the Exchange’s NASDAQ OMX situations, OCC believes that it is the prompt and accurate clearance and PSX system (‘‘PSX’’) to accept inbound necessary to actively explore a variety of settlement of securities transactions and orders that Nasdaq Execution Services, means for raising and maintaining to assure the safeguarding of securities LLC (‘‘NES’’) routes in its capacity as a liquidity resources, including and funds which are in the custody or facility of The NASDAQ Stock Market participation in securities lending or tri- control or for which OCC is responsible. party repo markets. Therefore, OCC IV. Conclusion 7 15 U.S.C. 78q–1. proposed to amend both Article VIII, 8 15 U.S.C. 78s(b)(2). Section 5(e) of the by-laws and Rule On the basis of the foregoing, the 9 In approving this proposed rule change the 1104(b) to clarify that OCC’s authority to Commission finds that the proposal is Commission has considered the proposed rule’s impact of efficiency, competition, and capital use a suspended clearing member’s consistent with the requirements of the formation. See 15 U.S.C. 78c(f). margin and clearing fund deposits and Act and in particular with the 10 17 CFR 200.30–3(a)(12). other clearing members’ clearing fund 1 15 U.S.C. 78s(b)(1). deposits to obtain temporary liquidity 6 15 U.S.C. 78a–1(b)(3)(F). 2 17 CFR 240.19b–4.

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LLC (‘‘NASDAQ’’). Phlx proposes to FINRA will review NES’s compliance conditions, the Exchange has set up implement the rule change upon with the Exchange’s rules through mechanisms that protect the Commission approval. The text of the FINRA’s examination program.5 independence of the Exchange’s proposed rule change is available at Pursuant to the FINRA RSA, however, regulatory responsibilities with respect http://nasdaqomxphlx.cchwallstreet. the Exchange retains ultimate to NES, as well as demonstrate that NES com/nasdaqomxphlx/phlx, at Phlx’s responsibility for enforcing its rules cannot use any information advantage it principal office, and at the with respect to NES. may have because of its affiliation with Commission’s Public Reference Room. 2. FINRA and the Exchange 6 will the Exchange. Since the Exchange has monitor NES for compliance with the met all the above-listed conditions, it II. Self-Regulatory Organization’s Exchange’s trading rules, and will now seeks permanent approval of the Statement of the Purpose of, and collect and maintain certain related PSX and NES inbound routing Statutory Basis for, the Proposed Rule information.7 Change relationship. The Exchange will 3. FINRA will provide a report to the continue to comply with conditions 1– In its filing with the Commission, the Exchange’s CRO, on a quarterly basis, 4 on an ongoing basis. Exchange included statements that: (i) Quantifies all alerts (of which concerning the purpose of and basis for FINRA and the Exchange are aware) that 2. Statutory Basis the proposed rule change and discussed identify NES as a participant that has The Exchange believes that the any comments it received on the potentially violated Commission or proposed rule change is consistent with proposed rule change. The text of these Exchange rules, and (ii) quantifies the the provisions of Section 6 of the Act,8 statements may be examined at the number of all investigations that in general, and with Section 6(b)(5) of places specified in Item IV below. The identify NES as a participant that has the Act,9 in particular, in that the Exchange has prepared summaries, set potentially violated Commission or proposal is designed to prevent forth in Sections A, B, and C below, of Exchange rules. fraudulent and manipulative acts and the most significant aspects of such 4. The Exchange will adopt and practices, to promote just and equitable statements. maintain Rule 985(c)(2), which requires principles of trade, to foster cooperation NASDAQ OMX, as the holding and coordination with persons engaged A. Self-Regulatory Organization’s company owning both the Exchange and Statement of the Purpose of, and in regulating, clearing, settling, NES, to establish and maintain processing information with respect to, Statutory Basis for, the Proposed Rule procedures and internal controls Change and facilitating transactions in reasonably designed to ensure that NES securities, to remove impediments to 1. Purpose does not develop or implement changes and perfect the mechanism of a free and Currently, NES is the approved to its system, based on non-public open market and a national market outbound routing facility of NASDAQ information obtained regarding planned system, and, in general, to protect for cash equities, providing outbound changes to the Exchange’s systems as a investors and the public interest. result of its affiliation with the routing from NASDAQ to other market Specifically, the proposed rule change Exchange, until such information is centers.3 PSX also has been previously will allow the Exchange to continue available generally to similarly situated approved to receive inbound routes of receiving inbound routes of equities Exchange members, in connection with cash equities orders by NES in its orders from NES acting in its capacity the provision of inbound order routing capacity as an order routing facility of as a facility of NASDAQ, in a manner to the Exchange. NASDAQ on a pilot basis.4 The consistent with prior approvals and 5. The routing of orders from NES to established protections. The Exchange Exchange hereby seeks permanent the Exchange, in NES’s capacity as a approval to permit PSX to accept believes that its having met the facility of NASDAQ, will be authorized commitments established during the inbound orders that NES routes in its for a pilot period of twelve months (later pilot program demonstrates that (i) The capacity as a facility of NASDAQ extended for an additional six months). Exchange has mechanisms to protect the (subject to the attendant obligations and The Exchange has met all the above- conditions). listed conditions. By meeting the above- independence of the Exchange’s During the pilot period, the Exchange regulatory responsibilities with respect committed to the following conditions: 5 In addition, NES is subject to independent to NES, and (ii) NES cannot use any 1. Pursuant to a regulatory services oversight by FINRA, its Designated Examining information advantage it may have agreement (the ‘‘FINRA RSA’’) between Authority, for compliance with financial because of its affiliation with the the Exchange and Financial Industry responsibility requirements. Exchange. Regulatory Authority, Inc. (‘‘FINRA’’), 6 Personnel performing real-time oversight of equity trading on NASDAQ will also perform B. Self-Regulatory Organization’s similar functions with respect to PSX pursuant to Statement on Burden on Competition 3 See NASDAQ Rule 4758. See also Securities a regulatory services agreement among NASDAQ, Exchange Act Release Nos. 50311 (September 3, the Exchange, NASDAQ OMX BX, Inc., and Phlx does not believe that the 2004), 69 FR 54818 (September 10, 2004) (Order NASDAQ OMX (the ‘‘Intercompany RSA’’) under proposed rule change will result in any Granting Application for a Temporary Conditional the direction, authority, and oversight of Phlx’s Exemption Pursuant To Section 36(a) of the Chief Regulatory Officer (‘‘CRO’’) and the burden on competition that is not Exchange Act by the National Association of Regulatory Oversight Committee (‘‘ROC’’) of its necessary or appropriate in furtherance Securities Dealers, Inc. Relating to the Acquisition Board of Directors. of the purposes of the Act, as amended. of an ECN by The Nasdaq Stock Market, Inc.) and 7 Pursuant to the FINRA RSA, both FINRA and 52902 (December 7, 2005), 70 FR 73810 (December the Exchange will collect and maintain all alerts, C. Self-Regulatory Organization’s 13, 2005) (SR–NASD–2005–128) (Order Approving complaints, investigations and enforcement actions Statement on Comments on the a Proposed Rule Change To Establish Rules in which NES (in its capacity as a facility of Nasdaq Proposed Rule Change Received from Governing the Operation of the INET System). routing orders to the Exchange) is identified as a 4 See Securities Exchange Act Release No. 62877 participant that has potentially violated applicable Members, Participants, or Others (September 9, 2010), 75 FR 56633 (September 16, Commission or Exchange rules. The Exchange and Written comments were neither 2010) (SR–Phlx–2010–79) (the ‘‘PSX Approval FINRA will retain these records in an easily solicited nor received. Order’’). See also Securities Exchange Act Release accessible manner in order to facilitate any No. 65552 (October 13, 2011), 76 FR 64989 (October potential review conducted by the Commission’s 19, 2011) (Sr–Phlx–2011–139) (extending pilot Office of Compliance Inspections and 8 15 U.S.C. 78f. through April 8, 2012). Examinations. 9 15 U.S.C. 78f(b)(5).

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III. Date of Effectiveness of the a.m. and 3 p.m. Copies of such filing change is available at the Exchange, the Proposed Rule Change and Timing for also will be available for inspection and Commission’s Public Reference Room, Commission Action copying at the principal office of the and http://www.nyse.com. Exchange. All comments received will Within 45 days of the date of II. Self-Regulatory Organization’s be posted without change; the publication of this notice in the Federal Statement of the Purpose of, and Commission does not edit personal Register or within such longer period (i) Statutory Basis for, the Proposed Rule identifying information from As the Commission may designate up to Change submissions. You should submit only 90 days of such date if it finds such information that you wish to make In its filing with the Commission, the longer period to be appropriate and publicly available. All submissions self-regulatory organization included publishes its reasons for so finding or should refer to File Number SR–Phlx– statements concerning the purpose of, (ii) as to which the self-regulatory 2011–170 and should be submitted on and basis for, the proposed rule change organization consents, the Commission or before January 5, 2012. and discussed any comments it received shall: (a) By order approve or on the proposed rule change. The text For the Commission, by the Division of disapprove such proposed rule change, of those statements may be examined at or (b) institute proceedings to determine Trading and Markets, pursuant to delegated authority.10 the places specified in Item IV below. whether the proposed rule change The Exchange has prepared summaries, should be disapproved. Kevin M. O’Neill, Deputy Secretary. set forth in sections A, B, and C below, IV. Solicitation of Comments of the most significant parts of such [FR Doc. 2011–32167 Filed 12–14–11; 8:45 am] statements. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and including whether the proposed rule SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule change is consistent with the Act. COMMISSION Change Comments may be submitted by any of [Release No. 34–65933; File No. SR– 1. Purpose the following methods: NYSEAmex–2011–96] The Exchange proposes to amend the Electronic Comments Self-Regulatory Organizations; NYSE Fee Schedule to permit the Exchange to • Use the Commission’s Internet Amex LLC; Notice of Filing and exclude data from the calculation of comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed Excessive Bandwidth Utilization Fees rules/sro.shtml); or Rule Change Amending the NYSE and Cancellation Fees if one or more • Send an email to rule- Amex Options Fee Schedule ATP Firms or the Exchange experiences [email protected]. Please include File a bona fide systems problem and make Number SR–Phlx–2011–170 on the December 9, 2011. other technical changes. subject line. Pursuant to Section 19(b)(1) of the The Exchange presently has three fees Securities Exchange Act of 1934 related to use of systems capacity: (1) Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Cancellation Fee, (2) the Order To • Send paper comments in triplicate notice is hereby given that on December Trade Ratio Fee, and (3) the Messages to Elizabeth M. Murphy, Secretary, 1, 2011, NYSE Amex LLC (the To Contracts Traded Ratio Fee. The Securities and Exchange Commission, ‘‘Exchange’’ or ‘‘NYSE Amex’’) filed latter two fees are referred to as 100 F Street NE., Washington, DC with the Securities and Exchange Excessive Bandwidth Utilization Fees. 20549–1090. Commission (‘‘Commission’’) the Under the current Fee Schedule, if an proposed rule change as described in All submissions should refer to File ATP Firm is liable for either or both of Items I, II, and III below, which Items Number SR–Phlx–2011–170. This file the Excessive Bandwidth Utilization have been prepared by the self- number should be included on the Fees and/or for charges pursuant to the regulatory organization. The subject line if email is used. To help the Cancellation Fee in a given month, that Commission is publishing this notice to Commission process and review your firm would only be charged the largest solicit comments on the proposed rule 3 comments more efficiently, please use one of those three fees for the month. change from interested persons. only one method. The Commission will The Exchange may exclude one or more post all comments on the Commission’s I. Self-Regulatory Organization’s days of data in calculating the Messages Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of To Contracts Traded Ratio Fee for an rules/sro.shtml). Copies of the the Proposed Rule Change ATP Firm if the Exchange determines, submission, all subsequent in its sole discretion, that one or more The Exchange proposes to proposes to ATP Firms or the Exchange experienced amendments, all written statements [sic] amend the NYSE Amex Options with respect to the proposed rule a bona fide systems problem. The Fee Schedule (‘‘Fee Schedule’’) to Exchange proposes to amend the Fee change that are filed with the permit the Exchange to exclude data Commission, and all written Schedule to extend its discretion to from the calculation of Excessive exclude data in the event of a bona fide communications relating to the Bandwidth Utilization Fees and proposed rule change between the systems problem to the calculation of Cancellation Fees if one or more ATP the Order To Trade Ratio Fee and the Commission and any person, other than Firms or the Exchange experiences a those that may be withheld from the Cancellation Fee as well as the Messages bona fide systems problem and make To Contracts Traded Ratio Fee and to public in accordance with the other technical changes. The proposed provisions of 5 U.S.C. 552, will be move the relevant text to proposed change will be operative on December 1, endnote 12.4 available for Web site viewing and 2011. The text of the proposed rule printing in the Commission’s Public 3 See current Fee Schedule at n. 13. Reference Room, 100 F Street NE., 10 17 CFR 200.30–3(a)(12). 4 An ATP Firm seeking relief as a result of a Washington, DC 20549, on official 1 15 U.S.C. 78s(b)(1). systems problem will be required to notify the business days between the hours of 10 2 17 CFR 240.19b–4. Exchange via email with a description of the

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The Exchange also proposes to the fee, or other charge imposed by the information that you wish to make move the placement of the Cancellation Exchange. At any time within 60 days available publicly. All submissions Fee in the Fee Schedule to a more of the filing of such proposed rule should refer to File Number SR– logical location and renumber the change, the Commission summarily may NYSEAmex–2011–96 and should be endnotes accordingly. temporarily suspend such rule change if submitted on or before January 5, 2012. The proposed change will be it appears to the Commission that such operative on December 1, 2011. For the Commission, by the Division of action is necessary or appropriate in the Trading and Markets, pursuant to delegated 2. Statutory Basis public interest, for the protection of authority.9 investors, or otherwise in furtherance of Kevin M. O’Neill, The Exchange believes that the the purposes of the Act. proposed rule change is consistent with Deputy Secretary. the provisions of Section 6(b) 5 of the IV. Solicitation of Comments [FR Doc. 2011–32166 Filed 12–14–11; 8:45 am] Securities Exchange Act of 1934 (the Interested persons are invited to BILLING CODE 8011–01–P ‘‘Act’’), in general, and Section 6(b)(4) 6 submit written data, views, and of the Act, in particular, in that it is arguments concerning the foregoing, designed to provide for the equitable including whether the proposed rule SECURITIES AND EXCHANGE allocation of reasonable dues, fees, and change is consistent with the Act. COMMISSION other charges among its members and Comments may be submitted by any of [Release No. 34–65928; File No. SR– other persons using its facilities. The the following methods: NYSEAmex–2011–94] Exchange believes that the proposed Electronic Comments change is equitable because it will apply Self-Regulatory Organizations; NYSE to all ATP Firms equally. The Exchange • Use the Commission’s Internet Amex LLC; Notice of Filing and believes that a bona fide systems comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed problem is just as likely to cause an rules/sro.shtml); or Rule Change Amending the NYSE • unfair result in the calculation of the Send an email to rule- Amex Options Fee Schedule [email protected]. Please include File Order To Trade Ratio Fee and the December 9, 2011. Cancellation Fee as it would in the Number SR–NYSEAmex–2011–96 on the subject line. Pursuant to Section 19(b)(1) of the calculation of the Messages To Contracts Securities Exchange Act of 1934 Traded Ratio Fee. Extending the Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange’s discretion to adjust such • Send paper comments in triplicate notice is hereby given that on December fees in such an event would help to to Elizabeth M. Murphy, Secretary, 1, 2011, NYSE Amex LLC (the prevent the imposition of an Securities and Exchange Commission, ‘‘Exchange’’ or ‘‘NYSE Amex’’) filed unreasonable fee. 100 F Street NE., Washington, DC with the Securities and Exchange B. Self-Regulatory Organization’s 20549–1090. Commission (‘‘Commission’’) the Statement on Burden on Competition All submissions should refer to File proposed rule change as described in Items I, II, and III below, which Items The Exchange does not believe that Number SR–NYSEAmex–2011–96. This file number should be included on the have been prepared by the self- the proposed rule change will impose regulatory organization. The any burden on competition that is not subject line if email is used. To help the Commission process and review your Commission is publishing this notice to necessary or appropriate in furtherance solicit comments on the proposed rule of the purposes of the Act. comments more efficiently, please use only one method. The Commission will change from interested persons. C. Self-Regulatory Organization’s post all comments on the Commission’s I. Self-Regulatory Organization’s Statement on Comments on the Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of Proposed Rule Change Received from rules/sro.shtml). Copies of the the Proposed Rule Change Members, Participants, or Others submission, all subsequent The Exchange proposes to amend the amendments, all written statements No written comments were solicited NYSE Amex Options Fee Schedule with respect to the proposed rule or received with respect to the proposed (‘‘Fee Schedule’’) to exclude Strategy change that are filed with the rule change. Executions from the monthly Firm fee Commission, and all written III. Date of Effectiveness of the cap. The proposed change will be communications relating to the Proposed Rule Change and Timing for operative on December 1, 2011. The text proposed rule change between the Commission Action of the proposed rule change is available Commission and any person, other than at the Exchange, the Commission’s The foregoing rule change is effective those that may be withheld from the Public Reference Room, and http:// upon filing pursuant to Section public in accordance with the www.nyse.com. 19(b)(3)(A) 7 of the Act and provisions of 5 U.S.C. 552, will be subparagraph (f)(2) of Rule 19b–4 8 available for Web site viewing and II. Self-Regulatory Organization’s thereunder, because it establishes a due, printing in the Commission’s Public Statement of the Purpose of, and Reference Room, 100 F Street NW., Statutory Basis for, the Proposed Rule systems problem and the Exchange will keep a Washington, DC 20549, on official Change record of all such requests. The Exchange will keep records of its determinations as to whether one or business days between the hours of 10 In its filing with the Commission, the more ATP Firms or the Exchange experienced a a.m. and 3 p.m. Copies of such filing self-regulatory organization included bona fide systems problem and any exclusion of also will be available for inspection and statements concerning the purpose of, that day’s activity from the calculation of an copying at the principal office of the Excessive Bandwidth Utilization Fee or and basis for, the proposed rule change Cancellation Fee. Exchange. All comments received will and discussed any comments it received 5 15 U.S.C. 78f(b). be posted without change; the 6 15 U.S.C. 78f(b)(4). Commission does not edit personal 9 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78s(b)(3)(A). identifying information from 1 15 U.S.C. 78s(b)(1). 8 17 CFR 240.19b–4(f)(2). submissions. You should submit only 2 17 CFR 240.19b–4.

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on the proposed rule change. The text B. Self-Regulatory Organization’s post all comments on the Commission’s of those statements may be examined at Statement on Burden on Competition Internet Web site (http://www.sec.gov/ the places specified in Item IV below. The Exchange does not believe that rules/sro.shtml). Copies of the The Exchange has prepared summaries, the proposed rule change will impose submission, all subsequent set forth in sections A, B, and C below, any burden on competition that is not amendments, all written statements of the most significant parts of such necessary or appropriate in furtherance with respect to the proposed rule statements. of the purposes of the Act. change that are filed with the Commission, and all written A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and Statement on Comments on the proposed rule change between the Statutory Basis for, the Proposed Rule Proposed Rule Change Received from Commission and any person, other than Change Members, Participants, or Others those that may be withheld from the 1. Purpose No written comments were solicited public in accordance with the or received with respect to the proposed provisions of 5 U.S.C. 552, will be The Exchange proposes to amend the rule change. available for Web site viewing and Fee Schedule to exclude Strategy printing in the Commission’s Public III. Date of Effectiveness of the Executions from the monthly Firm fee Reference Room, 100 F Street NW., Proposed Rule Change and Timing for cap. Washington, DC 20549, on official Commission Action Strategy Executions include reversals business days between the hours of 10 The foregoing rule change is effective and conversions, dividend spreads, box a.m. and 3 p.m. Copies of such filing upon filing pursuant to Section spreads, short stock interest spreads, also will be available for inspection and 19(b)(3)(A) 7 of the Act and merger spreads, and jelly rolls. Under copying at the principal office of the subparagraph (f)(2) of Rule 19b–4 8 the current Fee Schedule, fees for Exchange. All comments received will thereunder, because it establishes a due, Strategy Executions are capped at $750 be posted without change; the fee, or other charge imposed by the Commission does not edit personal per transaction and $25,000 per month. Exchange. At any time within 60 days identifying information from Under the proposed change, Firms of the filing of such proposed rule submissions. You should submit only would continue to benefit from those change, the Commission summarily may information that you wish to make two fee caps, but fees for Strategy temporarily suspend such rule change if available publicly. All submissions Executions would be excluded from the it appears to the Commission that such should refer to File Number SR– calculation of the monthly Firm fee cap action is necessary or appropriate in the NYSEAmex–2011–94 and should be of $100,000.3 The Exchange notes that public interest, for the protection of submitted on or before January 5, 2012. such treatment would be consistent investors, or otherwise in furtherance of with the exclusion of Strategy the purposes of the Act. For the Commission, by the Division of Executions from the calculation of the Trading and Markets, pursuant to delegated Market Maker monthly fee cap and IV. Solicitation of Comments authority.9 volume threshold.4 Interested persons are invited to Kevin M. O’Neill, The proposed changes will be submit written data, views, and Deputy Secretary. operative on December 1, 2011. arguments concerning the foregoing, [FR Doc. 2011–32165 Filed 12–14–11; 8:45 am] including whether the proposed rule BILLING CODE 8011–01–P 2. Statutory Basis change is consistent with the Act. Comments may be submitted by any of The Exchange believes that the the following methods: SECURITIES AND EXCHANGE proposed rule change is consistent with COMMISSION the provisions of Section 6(b) 5 of the Electronic Comments Securities Exchange Act of 1934 (the • [Release No. 34–65925; File No. SR–Phlx– Use the Commission’s Internet 2011–166] ‘‘Act’’), in general, and Section 6(b)(4) 6 comment form (http://www.sec.gov/ of the Act, in particular, in that it is rules/sro.shtml); or Self-Regulatory Organizations; designed to provide for the equitable • Send an email to rule- NASDAQ OMX PHLX LLC; Notice of allocation of reasonable dues, fees, and [email protected]. Please include File Filing and Immediate Effectiveness of other charges among its members and Number SR–NYSEAmex–2011–94 on Proposed Rule Change Relating to other persons using its facilities. The the subject line. Permit Fees Exchange believes that the proposed Paper Comments change is equitably allocated and not December 9, 2011. unfairly discriminatory because it will • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the apply equally to all Firms and treat to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 them in a manner that is more Securities and Exchange Commission, (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 consistent with other capped 100 F Street NE., Washington, DC notice is hereby given that on November participants, i.e., Market Makers. The 20549–1090. 28, 2011, NASDAQ OMX PHLX LLC Exchange believes that the proposed All submissions should refer to File (‘‘Phlx’’ or ‘‘Exchange’’) filed with the change is reasonable because Firms will Number SR–NYSEAmex–2011–94. This Securities and Exchange Commission still be able to avail themselves of the file number should be included on the (‘‘SEC’’ or ‘‘Commission’’) the proposed reduced rates for Strategy Trade subject line if email is used. To help the rule change as described in Items I, II, Executions. Commission process and review your and III, below, which Items have been comments more efficiently, please use prepared by the Exchange. The 3 See Fee Schedule at n. 6. only one method. The Commission will 4 See Fee Schedule at n. 5. 9 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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Commission is publishing this notice to organization is assessed the $1,100 Both OCC Clearing Members and Floor solicit comments on the proposed rule monthly Permit Fee if that member or Brokers conduct business on an agency change from interested persons. member organization: (1) Transacts its basis, in other words they enter trades option orders in its assigned Phlx house on behalf of another person or entity I. Self-Regulatory Organization’s account in a particular month; or (2) for Statement of the Terms of Substance of and not for their own account. OCC those member organizations which are the Proposed Rule Change Clearing Members may never trade, but under common ownership, transacts at are required to be a member of the The Exchange proposes to amend its least one options trade in a Phlx house Exchange in order to clear for a Phlx Permit Fee in Section VI of its Fee account that is assigned to one of the member.9 As both these members are Schedule. member organizations under common not transacting options for their own While changes to the Fee Schedule ownership.4 Members who are not account, they are not conducting pursuant to this proposal are effective transacting business on the Exchange business in an assigned house account upon filing, the Exchange has are assessed a Permit Fee of $7,500 per and therefore would not be eligible for designated the amendments entitled month. A member or member the $1,100 Permit Fee. The Exchange ‘‘Permit Fees’’ to be operative on organization is assessed the $7,500 proposes to amend its Fee Schedule to January 3, 2012. Permit Fee for not transacting business indicate that both OCC Clearing The text of the proposed rule change on the Exchange if that member is Members and Floor Brokers would be is available on the Exchange’s Web site 5 either: (i) Not a PSX Participant; or not assessed the $1,100 Permit Fee. It was at http://nasdaqtrader.com/ engaged in an options business at the not the intent of the Exchange in micro.aspx?id=PHLXfilings, at the Exchange in a particular month. In requiring members to transact business principal office of the Exchange, on the addition, a member or member in their house account to prevent OCC Commission’s Web site at http:// organization that sponsors an options Clearing Members and Floor Brokers www.sec.gov and at the Commission’s 6 participant would pay an additional from being eligible for the $1,100 Permit Public Reference Room. Permit Fee for each sponsored options Fee. The Exchange amended its Rules to II. Self-Regulatory Organization’s participant. require trading in the house account in Statement of the Purpose of, and Permit Fees order that the Exchange may automate Statutory Basis for, the Proposed Rule its billing process.10 With respect to Change The Exchange is proposing to increase OCC Clearing Members and Floor the $1,100 monthly Permit Fee for Brokers, the Exchange is able to identify In its filing with the Commission, the members transacting business on the these members and member Exchange included statements Exchange to $2,000. The Exchange is organizations and, through its concerning the purpose of and basis for seeking to recoup costs incurred from automated billing, assess them the the proposed rule change and discussed the membership administration $1,100 Permit Fee. The Exchange any comments it received on the function.7 While changes to the Fee intends that this section entitled proposed rule change. The text of these Schedule pursuant to this proposal are ‘‘Clarifying Amendment’’ will be statements may be examined at the effective upon filing, the Exchange has effective upon filing. places specified in Item IV below. The designated this amendment entitled Exchange has prepared summaries, set ‘‘Permit Fees’’ to be operative on 2. Statutory Basis forth in sections A, B, and C below, of January 3, 2012. the most significant aspects of such The Exchange believes that its Application of Permit Fees proposal to amend its Fee Schedule is statements. 11 The Exchange is proposing a consistent with Section 6(b) of the Act A. Self-Regulatory Organization’s clarifying amendment regarding the in general, and furthers the objectives of Statement of the Purpose of, and the 12 applicability of the $1,100 Permit Fee to Section 6(b)(4) of the Act in Statutory Basis for, the Proposed Rule certain types of members, namely OCC particular, in that it is an equitable Change Clearing Members and Floor Brokers.8 allocation of reasonable fees and other 1. Purpose charges among Exchange members. The Exchange believes that proposed The purpose of the proposed rule 4 For purposes of the Permit Fee, ‘‘common ownership’’ shall be defined as at least 75% amendment to the Permit Fee is change is to amend the Permit Fee in common ownership between the member reasonable because the Exchange is Section VI, entitled ‘‘Access Service, organizations. seeking to recoup costs related to 5 Cancellation, Membership, Regulatory Applicants that apply for membership solely to membership administration. The and Other Fees’’ to recoup costs participate in the NASDAQ OMX PSX equities market are not assessed a Permit Fee, Application proposed fee is in the range of similar associated with the administration of its Fee, Initiation Fee, or Account Fee. See Securities fees at other exchanges and less than members. The Exchange also proposes a Exchange Act Release No. 61863 (April 7, 2010), 75 other fees.13 In addition, the Exchange clarifying amendment to the FR 20021 (April 16, 2010) (SR–Phlx–2010–54). 6 See Exchange Rule 1094 titled Sponsored applicability of the Permit Fees to both Floor Brokers’’, Floor Brokers are required to Participants. A Sponsored Participant may obtain Clearing Members of The Options authorized access to the Exchange only if such register with the Exchange. 9 Clearing Corporation (‘‘OCC Clearing access is authorized in advance by one or more See Exchange Rules 911 entitled ‘‘Member and Members’’) 3 and Floor Brokers. Sponsoring Member Organizations. Sponsored Member Organization Participation’’ and ‘‘Rule The Exchange assesses two different Participants must enter into and maintain 1052 entitled Responsibility of Clearing Options participant agreements with one or more Members For Exchange Options Transactions.’’ Permit Fees based on whether a member Sponsoring Member Organizations establishing a 10 See Securities Exchange Act Release No. 65574 is transacting business on the Exchange. proper relationship(s) and account(s) through (October 14, 2011), 76 FR 65228 (October 20, 2011) The Exchange assesses members who which the Sponsored Participant may trade on the (SR–Phlx–2011–134). are transacting business on the Exchange. 11 15 U.S.C. 78f(b). Exchange a Permit Fee of $1,100 per 7 The Exchange is not amending the Permit Fee 12 15 U.S.C. 78f(b)(4). for members who are not transacting business on 13 See the Chicago Board of Trade, Incorporated’s month. A member or member the Exchange. Fees Schedule. Per month a Market Maker Trading 8 The Exchange is able to verify OCC Clearing Permit is $6,000, a SPX Tier Appointment is $3,000, 3 These OCC Clearing Members are also Phlx Members from information provided by OCC. a VIX Tier Appointment if $1,000, Floor Broker Members. Pursuant to Rule 1061, entitled ‘‘Registration of Continued

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believes that the Permit Fee is equitable 19(b)(3)(A)(ii) of the Act.14 At any time copying at the principal office of the and not unfairly discriminatory, because within 60 days of the filing of the Exchange. All comments received will unlike other exchanges, Phlx’s Permit proposed rule change, the Commission be posted without change; the Fees are the same for every options summarily may temporarily suspend Commission does not edit personal permit holder that is conducting such rule change if it appears to the identifying information from business at the Exchange. Commission that such action is submissions. You should submit only The Exchange believes that its necessary or appropriate in the public information that you wish to make clarifying amendment is reasonable the interest, for the protection of investors, available publicly. All submissions Exchange recognizes that the members or otherwise in furtherance of the should refer to File No. SR–Phlx–2011– and member organizations that are purposes of the Act. If the Commission 166 and should be submitted on or registered as OCC Clearing Members takes such action, the Commission shall before January 5, 2012. and Floor Brokers facilitate transactions institute proceedings to determine for others at the Exchange and are whether the proposed rule should be For the Commission, by the Division of therefore unable to utilize the house approved or disapproved. Trading and Markets, pursuant to delegated account in the same way as other authority.15 IV. Solicitation of Comments members. In addition, the Exchange Kevin M. O’Neill, believes that it is reasonable to assess a Interested persons are invited to Deputy Secretary. submit written data, views, and $1,100 Permit Fee for OCC Clearing [FR Doc. 2011–32140 Filed 12–14–11; 8:45 am] Members and Floor Brokers that are arguments concerning the foregoing, transacting business at the Exchange in including whether the proposed rule BILLING CODE 8011–01–P a capacity that facilitates trading. change is consistent with the Act. The Exchange believes that it is Comments may be submitted by any of SECURITIES AND EXCHANGE equitable and not unfairly the following methods: COMMISSION discriminatory to assess OCC Clearing Electronic Comments Members and Floor Brokers the $1,100 • as compared to other members who may Use the Commission’s Internet [Release No. 34–65922; File No. SR– not transact business, because the OCC comment form (http://www.sec.gov/ NYSEArca–2011–91] Clearing Member and Floor Broker are rules/sro.shtml); or • trading for others as compared to the Send an email to rule- Self-Regulatory Organizations; NYSE member who chooses whether to [email protected]. Please include File Arca, Inc.; Notice of Filing and transact business in his/her own No. SR–Phlx–2011–166 on the subject Immediate Effectiveness of Proposed account. Other members are only line. Rule Change To Amend the NYSE Arca Options Fee Schedule Relating to required to transact one trade in their Paper Comments house account in order to be assessed Manual Orders • Send paper comments in triplicate the lower Permit Fee. to Elizabeth M. Murphy, Secretary, December 9, 2011. B. Self-Regulatory Organization’s Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the Statement on Burden on Competition 100 F Street NE., Washington, DC Securities Exchange Act of 1934 The Exchange does not believe that 20549–1090. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the proposed rule change will impose All submissions should refer to File No. notice is hereby given that, on December any burden on competition not SR–Phlx–2011–166. This file number 1, 2011, NYSE Arca, Inc. (the necessary or appropriate in furtherance should be included on the subject line ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with of the purposes of the Act. if email is used. To help the the Securities and Exchange Commission process and review your C. Self-Regulatory Organization’s Commission (‘‘Commission’’) the comments more efficiently, please use proposed rule change as described in Statement on Comments on the only one method. The Commission will Items I, II, and III below, which Items Proposed Rule Change Received From post all comments on the Commission’s have been prepared by the Exchange. Members, Participants, or Others Internet Web site (http://www.sec.gov/ The Commission is publishing this No written comments were either rules/sro.shtml). Copies of the notice to solicit comments on the solicited or received submission, all subsequent proposed rule change from interested amendments, all written statements III. Date of Effectiveness of the persons. with respect to the proposed rule Proposed Rule Change and Timing for change that are filed with the Commission Action I. Self-Regulatory Organization’s Commission, and all written Statement of the Terms of Substance of The foregoing rule change has become communications relating to the the Proposed Rule Change effective pursuant to Section proposed rule change between the Commission and any person, other than The Exchange proposes to amend the Trading Permit is $6,000, Electronic Access Permit those that may be withheld from the NYSE Arca Options Fee Schedule (‘‘Fee is $1,600 and there is no access fee for a CBSX Schedule’’) with respect to manual Trading Permit. See also the International Securities public in accordance with the Exchange LLC’s Schedule of Fees. Per month a provisions of 5 U.S.C. 552, will be orders. The Exchange proposes to make EAM is $500.00 and a market maker ranges from available for Web site viewing and the rule change operative on December $2,000 to $4,000. See also C2, Inc.’s Fee Schedule. printing in the Commission’s Public 1, 2011. The text of the proposed rule Per month, a market-maker permit is $5,000, an Electronic Access Permit is $1,000 and a SPXM Tier Reference Room, 100 F Street NE., change is available at the Exchange, the appointment is $4,000 after November 30, 2011. See Washington, DC 20549, on official Commission’s Public Reference Room, also NYSE Arca, Inc.’s Fee Schedule. Per month, a business days between the hours of 10 and http://www.nyse.com. Floor Broker, Office and Clearing Firm is $1,000 a.m. and 3 p.m. Copies of such filing and a market maker is $4,000. See also NYSE Amex, LLC’s Fee Schedule. Per month, Per month, a Floor also will be available for inspection and 15 17 CFR 200.30–3(a)(12). Broker, Order Routing and Clearing Firm is $500 1 15 U.S.C. 78s(b)(1). and a market maker is $5,000. 14 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s Trading Crowd would be assessed the even though there is sufficient liquidity Statement of the Purpose of, and applicable manual transaction fee for in the Consolidated Book to fill the Statutory Basis for, the Proposed Rule the entire order. As is the case today, order. When both sides of the order Change the contra-side electronic order or quote execute fully on the Consolidated Book, In its filing with the Commission, the would be assessed the applicable the Exchange believes it is equitable and self-regulatory organization included electronic transaction fee or credit. not unfairly discriminatory to charge statements concerning the purpose of, However, if a manual order executes both sides of the trade the same category and basis for, the proposed rule change completely against an electronic order of transaction fee. The Exchange expects and discussed any comments it received or quote, and therefore does not execute that by providing more certainty about on the proposed rule change. The text against interest in the Trading Crowd, the applicable transaction fees, of those statements may be examined at then both sides of the transaction would customers will be encouraged to submit the places specified in Item IV below. continue to be charged only the manual orders to the Exchange and that The Exchange has prepared summaries, applicable electronic transaction fee. In the additional order flow will benefit all set forth in sections A, B, and C below, order to be eligible for the manual market participants. transaction fee, all manual orders must of the most significant parts of such B. Self-Regulatory Organization’s be entered into the Exchange’s statements. Statement on Burden on Competition Electronic Order Capture System. A. Self-Regulatory Organization’s The Exchange proposes to make the The Exchange does not believe that Statement of the Purpose of, and rule change operative on December 1, the proposed rule change will impose Statutory Basis for, the Proposed Rule 2011. any burden on competition that is not Change necessary or appropriate in furtherance 2. Statutory Basis of the purposes of the Act. 1. Purpose The Exchange believes that the The Exchange proposes to amend the proposed rule change is consistent with C. Self-Regulatory Organization’s Fee Schedule with respect to manual Section 6(b) of the Securities Exchange Statement on Comments on the orders. Act of 1934 (the ‘‘Act’’),5 in general, and Proposed Rule Change Received from Electronic orders and quotes resting Section 6(b)(4) of the Act,6 in particular, Members, Participants, or Others on the Consolidated Book currently because it is designed to provide for the No written comments were solicited have priority over equal-priced bids or equitable allocation of reasonable dues, or received with respect to the proposed offers in the Trading Crowd.3 In this fees, and other charges among its rule change. regard, a Floor Broker, after negotiating members and other persons using its III. Date of Effectiveness of the a price with the Trading Crowd, may be facilities. In addition, the proposed rule Proposed Rule Change and Timing for required to trade against resting interest change is not designed to permit unfair Commission Action on the Consolidated Book (‘‘clear the discrimination between customers, Book’’) before trading against interest in issuers, brokers or dealers. Under the The foregoing rule change is effective the Trading Crowd. Currently, if a Floor proposed change a manual order that upon filing pursuant to Section 7 Broker clears the Book before trading executes partially against an electronic 19(b)(3)(A)(ii) of the Act and 8 against interest in the Trading Crowd, order or quote resting on the subparagraph (f)(2) of Rule 19b–4 the Exchange charges the portion of the Consolidated Book prior to executing thereunder, because it establishes a due, order executed against the Consolidated against interest in the Trading Crowd fee, or other charge imposed by NYSE Book an electronic transaction fee and would be assessed the applicable Arca. At any time within 60 days of the charges any remaining order size that manual transaction fee for the entire filing of such proposed rule change, the trades against interest in the Trading order. The Exchange believes that this is Commission summarily may Crowd a manual transaction fee.4 reasonable, equitable, and not unfairly temporarily suspend such rule change if The Exchange proposes to amend discriminatory because a customer who it appears to the Commission that such endnote 5 of the Fee Schedule to reflect sends an order to the Floor for execution action is necessary or appropriate in the that a manual order that executes in part has no control over whether a portion of public interest, for the protection of against an electronic order or quote the manual order will execute against investors, or otherwise in furtherance of resting on the Consolidated Book prior the Consolidated Book and therefore has the purposes of the Act. to executing against interest in the significant uncertainty about the IV. Solicitation of Comments transaction fees applicable to such Interested persons are invited to 3 See NYSE Arca Options Rule 6.75(a) and (b). order, whereas a customer that submits 4 For example, a Broker-Dealer manual order is submit written data, views, and an electronic order has certainty that arguments concerning the foregoing, currently charged a standard execution fee of $0.25 only electronic transaction fees will per contract. However, if a portion of the Broker- including whether the proposed rule Dealer manual order executes against resting apply. The Exchange also believes it is change is consistent with the Act. interest on the Consolidated Book, then that portion reasonable, equitable, and not unfairly Comments may be submitted by any of of the manual order is instead charged the $0.50 discriminatory to charge the electronic the following methods: per-contract rate for a Broker-Dealer electronic transaction fee for manual orders that order. Similarly, if the Broker-Dealer manual order is in a Penny Pilot class and executes against resting are executed entirely against one or Electronic Comments interest on the Consolidated Book, then that portion more electronic orders or quotes resting • Use the Commission’s Internet of the manual order is considered to ‘‘Take on the Consolidated Book. Manual comment form (http://www.sec.gov/ Liquidity’’ and is instead charged the $0.45 per- transaction fees are lower than contract rate for a Broker-Dealer electronic order. rules/sro.shtml); or The Exchange notes that, at the time of the adoption electronic transaction fees and the • Send an email to rule- of Post-Take pricing for electronic executions in proposed rule change will reduce the [email protected]. Please include File Penny Pilot classes, the Exchange determined that incentive for customers to submit Number SR–NYSEArca–2011–91 on the any execution in Penny Pilot issues against resting manual orders to obtain the lower fee orders in the Consolidated Book would be charged subject line. a ‘‘take liquidity’’ fee. See Securities Exchange Act Release No. 55223 (February 1, 2007), 72 FR 6306 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A)(ii). (February 9, 2007) (SR–NYSEArca–2007–07). 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2).

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Paper Comments NYSEArca–2011–91 and should be Fax: (202) 395–6974, Email address: _ • Send paper comments in triplicate submitted on or before January 5, 2012. OIRA [email protected]. to Elizabeth M. Murphy, Secretary, For the Commission, by the Division of (SSA), Social Security Administration, Securities and Exchange Commission, Trading and Markets, pursuant to delegated DCRDP, Attn: Reports Clearance 100 F Street NE., Washington, DC authority.9 Officer, 107 Altmeyer Building, 6401 20549–1090. Kevin M. O’Neill, Security Blvd., Baltimore, MD 21235, All submissions should refer to File Deputy Secretary. Fax No.: (410) 966–2830, Email Number SR–NYSEArca–2011–91. This [FR Doc. 2011–32138 Filed 12–14–11; 8:45 am] address: [email protected]. file number should be included on the BILLING CODE 8011–01–P subject line if email is used. To help the I. The information collections below Commission process and review your are pending at SSA. SSA will submit them to OMB within 60 days from the comments more efficiently, please use SOCIAL SECURITY ADMINISTRATION only one method. The Commission will date of this notice. To be sure we post all comments on the Commission’s Agency Information Collection consider your comments, we must Internet Web site (http://www.sec.gov/ Activities: Proposed Request and receive them no later than February 13, rules/sro.shtml). Copies of the Comment Request 2012. Individuals can obtain copies of submission, all subsequent the collection instruments by calling the amendments, all written statements The Social Security Administration SSA Reports Clearance Officer at (410) with respect to the proposed rule (SSA) publishes a list of information 965–8783 or by writing to the above change that are filed with the collection packages requiring clearance email address. by the Office of Management and Commission, and all written 1. Application for Mother’s or Father’s Budget (OMB) in compliance with communications relating to the Insurance Benefits—20 CFR 404.339– proposed rule change between the Public Law (Pub. L.) 104–13, the Paperwork Reduction Act of 1995, 404.342, 20 CFR 404.601–404.603— Commission and any person, other than 0960–0003. Section 202(g) of the Social those that may be withheld from the effective October 1, 1995. This notice includes revisions and extensions to Security Act (Act) provides for the public in accordance with the payment of monthly benefits to the provisions of 5 U.S.C. 552, will be OMB-approved information collections. SSA is soliciting comments on the widow or widower of an insured available for Web site viewing and individual if the surviving spouse is printing in the Commission’s Public accuracy of the agency’s burden estimate; the need for the information; caring for the deceased worker’s child Reference Room, 100 F Street NE., (who is entitled to Social Security Washington, DC 20549, on official its practical utility; ways to enhance its benefits). SSA uses the information on business days between the hours of 10 quality, utility, and clarity; and ways to Form SSA–5–F6 to determine an a.m. and 3 p.m. Copies of the filing also minimize burden on respondents, individual’s eligibility for mother’s or will be available for inspection and including the use of automated father’s insurance benefits. The copying at the principal office of the collection techniques or other forms of Exchange. All comments received will information technology. Mail, email, or respondents are individuals caring for a be posted without change; the fax your comments and child of the deceased worker who is Commission does not edit personal recommendations on the information applying for mother’s or father’s identifying information from collection(s) to the OMB Desk Officer insurance benefits under the Old Age, submissions. You should submit only and SSA Reports Clearance Officer at Survivors, and Disability Insurance information that you wish to make the following addresses or fax numbers. (OASDI) program. available publicly. All submissions (OMB), Office of Management and Type of Request: Revision of an OMB- should refer to File Number SR– Budget, Attn: Desk Officer for SSA, approved information collection.

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

SSA–5–F6 (paper) ...... 1,611 1 15 403 MCS ...... 26,045 1 15 6,511 MCS/Signature Proxy ...... 26,044 1 15 6,511

Total ...... 53,700 ...... 13,425

2. Letter to Employer Requesting has incomplete or questionable wage provide information SSA needs to Information About Wages Earned by data. SSA uses the information to establish specific monthly earnings. Beneficiary—20 CFR 416.703 & calculate the correct amount of benefits Type of Request: Extension of an 404.801—0960–0034. SSA uses payable, and to maintain an accurate OMB-approved information collection. information from Form SSA–L725 to record of earnings for the beneficiary. verify a beneficiary’s wages when SSA Respondents are employers who

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

SSA–L725 ...... 150,000 1 40 100,000

9 17 CFR 200.30–3(a)(12).

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3. Student Reporting Form—20 CFR requires beneficiaries to report events the information to determine the correct 404.367 & 20 CFR 404.368—0960–0088. that may cause a reduction, termination, benefit amounts for student Sections 20 CFR 404.367 and 20 CFR or suspension of their benefits. Using beneficiaries. The respondents are 404.368 mandate that a student the information from Form SSA–1383, Social Security student beneficiaries. beneficiary be in full-time attendance at SSA determines if the change or event Type of Request: Revision of an OMB- an educational institution to qualify for reported affects continuing entitlement approved information collection. student Social Security benefits. SSA to SSA benefits. In addition, SSA uses

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

SSA–1383 ...... 74,887 1 6 7,489 SSA–1383–FC ...... 113 1 6 11

Total ...... 75,000 ...... 7,500

4. Letter to Employer Requesting determining SSI eligibility and payment respondents are employers of SSI Wage Information—20 CFR 404.726— amounts. SSA uses Form SSA–L4201 to applicants and recipients. 0960–0138. SSA must establish and collect this information. SSA uses the Type of Request: Revision of an OMB- verify wage information for information to determine eligibility and approved information collection. Supplemental Security Income (SSI) proper payment amounts for SSI applicants and recipients when applicants and recipients. The

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

SSA–L4201 ...... 133,000 1 30 66,500

5. Claimant’s Recent Medical claimant proceeds through the appeals During the hearing, the ALJs offer any Treatment—20 CFR 404.1512 and process. ALJs must obtain the completed questionnaires as exhibits 416.912—0960–0292. When Disability information to update and complete the and may use them to refresh the Determination Services deny a claim at record and to verify the accuracy of the claimant’s memory and to shape their the reconsideration level, the claimant information. Through this process, ALJs questions. The respondents are has a right to request a hearing before can ascertain whether the claimant’s claimants requesting hearings on an administrative law judge (ALJ). For situation has changed. The ALJs and entitlement to Old Age, Survivors, and the hearing, SSA asks the claimant to hearing office staff use the response to Disability Insurance (OASDI) benefits or complete and return the HA–4631 if the make arrangements for consultative SSI payments. claimant’s file does not reflect a current, examination(s) and the attendance of an Type of Request: Extension of an complete medical history as the expert witness(es), if appropriate. OMB-approved information collection.

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

HA–4631 ...... 200,000 1 10 33,333

6. You Can Make Your Payment by provides the SSA–4588 when we inform time payment in lieu of completing Credit Card—0960–0462. Using an individual that we detected an Form SSA–4588. An SSA debtor contact information from Form SSA–4588 and overpayment. Individuals may choose to representative completes the SSA–4589 its electronic application, form SSA– make a one-time payment or recurring electronic intranet application. 4589, SSA updates individuals’ Social monthly payments by completing and Respondents are OASDI beneficiaries Security records to reflect payments submitting the SSA–4588. and SSI recipients who owe outstanding made on their overpayments. In SSA uses the SSA–4589 electronic overpayments to SSA. addition, SSA uses this information to intranet application only when process payments through the individuals choose to telephone the Type of Request: Revision of an OMB- appropriate credit card company. SSA Program Service Centers to make a one- approved information collection.

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

SSA–4588 Paper Form ...... 13,200 1 10 2,200 SSA–4589 Electronic Intranet Application ...... 171,320 1 5 14,277

Total ...... 184,520 ...... 16,477

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7. Request for Internet Services— from SSA’s Individual Password password, they may use SSA’s password Password Authentication—20 CFR Services, we ask an individual for protected services, e.g., account status, 401.45—0960–0632. SSA uses a certain information prescribed by SSA. change of address, direct deposit password infrastructure and process to SSA uses the information to elections, or changes. The respondents verify the identity of individuals who authenticate individuals prior to issuing are individuals electing to do personal choose to use the Internet to conduct a temporary password. Once SSA business with SSA electronically. personal business with SSA authenticates individuals, and these Type of Request: Extension of an electronically. To obtain a password individuals create a permanent OMB-approved information collection.

Average burden Estimated total Collection instrument Number of Frequency of per response annual burden respondents response (minutes) (hours)

Internet Requestors ...... 3,092,069 1 10 515,345

II. SSA submitted the information 965–8783 or by writing to the above completely satisfied their pending wage collections below to OMB for clearance. email address. report and contribution liability with Your comments regarding the 1. Coverage of Employees of State and SSA for pre-1987 tax years. SSA needs information collections would be most Local Governments—20 CFR 404, these regulations until all pending items useful if OMB and SSA receive them Subpart M—0960–0425. Regulation with all states are closed out, and to within 30 days from the date of this section 20 CFR 404, Subpart M, provide for collection of this publication. To be sure we consider prescribes the rules for states submitting information in the future, if necessary. your comments, we must receive them reports of deposits and recordkeeping to The respondents are state and local no later than January 17, 2012. SSA. SSA requires states (and interstate governments or interstate Individuals can obtain copies of the instrumentalities) to provide wage and instrumentalities. OMB clearance packages by calling the deposit contribution information for Type of Request: Revision of an OMB- SSA Reports Clearance Officer at (410) pre-1987 periods. Not all states have approved information collection.

Average burden Estimated total Regulation section Number of Frequency of per response annual burden respondents response (minutes) (hours)

404.1204(a) & (b) ...... 52 1 30 26 404.1215 ...... 52 1 60 52 404.1216(a) & (b) ...... 52 1 60 52

Total ...... 156 ...... 130

2. SSI Notice of Interim Assistance need to meet the following in the IAR agreement for the purposes Reimbursement (IAR)—0960–0546. requirements: of SSA verifying transactions covered Section 1631(g) of the Act authorizes (a) Reporting Requirements—Each under the agreement. SSA to reimburse an IAR agency from IAR agency agrees to: (c) Third Party Disclosure an individual’s retroactive SSI payment (1) Notify SSA of receipt of an Requirements—Each participating IAR for assistance the IAR agency gave the authorization for initial claims or cases agency agrees to send written notices individual for meeting basic needs they are appealing, and submit a copy from the IAR agency to the recipient of that authorization either through a while an SSI claim was pending or SSI regarding payment amounts and appeal manual or electronic process; rights. payments were suspended or (2) Inform SSA of the amount of terminated. The State or local agency (d) Periodic Review of Agency reimbursement; Accounting Process—The IAR agency needs an IAR agreement with SSA to (3) Submit a written request for makes the IAR accounting records of participate in the IAR program. The dispute resolution on a determination; individual receiving the IAR payment (4) Notify SSA of interim assistance paid cases available for SSA review and signs an authorization form with an IAR paid (using the SSA–8125 or the verification. SSA conducts reviews either onsite or through the mail of the agency to allow SSA to repay the IAR SSA–L8125–F6); authorization forms, notices to the agency for funds paid in advance prior (5) Inform SSA of any deceased claimant, and accounting forms. Upon to SSA’s determination on the claimants who participated in the IAR program and; completion of the review, SSA provides individual’s claim. The authorization a written report of findings to the IAR represents the individual’s intent to file (6) Review and sign an agreement with SSA. agency director. for SSI, if they did not file an (b) Recordkeeping Requirements— The respondents are State IAR application prior to SSA receiving the The IAR agencies agree to retain all officers. authorization. Agencies who wish to notices, agreement, authorizations, and Type of Request: Revision of an OMB- enter into an IAR agreement with SSA accounting forms for the period defined approved information collection.

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Average burden per Estimated total Type of request Number of respondents Frequency of response Number of responses response annual burden (minutes) (hours)

Reporting Requirements

(a) State notification of receipt of 11 ...... Once per SSI Claimant 97,330 ...... 1 1,622 authorization (electronic proc- ess). (b) State submission of copy of 27 ...... Once per SSI Claimant 68,405 ...... 3 3,420 authorization (manual process). (c) State submission of amount 38 ...... Once per SSI Claimant 101,352 ...... 8 13,514 of IA paid to recipients (using eIAR). (d) State request for determina- Average is about 2 As needed ...... 2 ...... 30 1 tion—dispute resolution. States per year. (e) State computation of reim- 38 ...... Once per SSI Claimant 1,524 ...... 30 762 bursement due form SSA using paper Form SSA-L8125–F6. (f) State notification to SSA of 20 ...... As needed when SSI 40 ...... 15 10 deceased claimant. claimant dies while claim is pending. (g) State reviewing/signing of 38 ...... Once during life of the 38 ...... 12 456 IAR Agreement. IAR agreement.

Recordkeeping Requirements

(h) Maintenance of authorization 38 ...... One form per SSI 165,735 (includes both 3 8,287 forms. claimant. denied and approved SSI claims). (i) Maintenance of accounting 38 ...... One set per SSI claim- 101,352 ...... 3 5,068 forms and notices. ant.

Third Party Disclosure Requirements

(j) Written notice from State to 38 ...... Once per SSI claimant 101,352 ...... 7 11,824 recipient regarding amount of payment.

Periodic Review of Agency Accounting Process

(k) Retrieve and consolidate au- 12 ...... One set of forms per 12 ...... 3 hours 36 thorization and accounting SSI claimant for re- forms. view by SSA once every 2 to 3 years. (l) Participate in periodic review 12 ...... For review by SSA 12 ...... 16 hours 192 once every 2 to 3 years. (m) Correct administrative and 6 ...... To correct errors dis- 6 ...... 4 hours 24 accounting discrepancies. covered by SSA in periodic review.

Total Administrative Burden

Total ...... 38 ...... varies ...... 637,160 ...... varies 45,216

3. Redetermination of Eligibility for Medicare Part D subsidy during the past respondents are current recipients of the Help with Medicare Prescription Drug 12 months; (2) if they were eligible for Medicare Part D low-income subsidy Plan Costs—0960–0723. As per the the Part D subsidy for more than 12 who will undergo an eligibility requirements of the Medicare months; or (3) if they reported a change redetermination for one of the reasons Modernization Act of 2003 (Pub. L. 108– in income, resources, or household size. mentioned above. 173), SSA conducts low-income subsidy Part D beneficiaries complete the SSA– Note: This is a correction notice. SSA eligibility redeterminations for Medicare 1026–SCE when they need to report a published this information collection as an beneficiaries who currently receive the potentially subsidy-changing event, extension on September 23, 2011 at 76 FR Medicare Part D subsidy and who meet including the following: (1) Marriage, 59180. Since we are revising the Privacy Act certain criteria. Respondents complete (2) spousal separation, (3) divorce, (4) Statement, this is now a revision of an OMB- Form SSA–1026–REDE under the annulment of a marriage, (5) spousal approved information collection. Type of following circumstances: (1) When death, or (6) moving back in with one’s Request: Revision of an OMB-approved individuals became entitled to the spouse following a separation. The information collection.

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Average Number of Frequency of burden per Estimated total Collection instrument respondents response response annual burden (minutes) (hours)

SSA–1026–OCR–MS–SCE ...... 11,400 1 18 3,420 SSA–1026–OCR–SM–REDE ...... 225,000 1 18 67,500

Total ...... 236,400 ...... 70,920

Dated: December 12, 2011. Near East and North Africa: Egypt, sport coaches, sport administrators, Faye Lipsky, Tunisia, or a program that MUST and/or sport officials participating in Reports Clearance Officer, Center for Reports include both Israel and West Bank/Gaza; the program. The role that sports can Clearance, Social Security Administration. South and Central Asia: Bangladesh, play in the long-term well-being of [FR Doc. 2011–32145 Filed 12–14–11; 8:45 am] Nepal, Sri Lanka, and Turkmenistan; underserved youth should also be BILLING CODE 4191–02–P Europe: Bosnia and Turkey; and the emphasized. Through exchanges Western Hemisphere: Belize, Brazil, between youth sport coaches, sport Mexico, Nicaragua, Panama, and administrators, and/or sport officials, Uruguay. programs should encourage participants DEPARTMENT OF STATE Proposals may address multiple to share experiences in managing, countries, but all the countries must [Public Notice 7729] organizing, and developing programs for then be in the same region. Please see youth sports activities with the aim of Bureau of Educational and Cultural Section III.3. Other Eligibility exposing young people to the ideas of Requirements for more information on Affairs (ECA) Request for Grant teamwork and self-discipline that can eligibility requirements. Funding Under Proposals (RFGP): International Sports lead to success in other aspects of their this Competition is pending the Programming Initiative (ISPI) lives. availability of FY 2012 funds. Announcement Type: New Grant. I. Funding Opportunity Description (2) Sport and Health Funding Opportunity Number: ECA/ Exchanges funded under this theme PE/C/SU–12–15. Authority: Overall grant making authority Catalog of Federal Domestic for this program is contained in the Mutual will focus on increasing awareness Assistance Number: 19.415. Educational and Cultural Exchange Act of among young people of the importance of following a healthy lifestyle. Project DATES: Key Dates: 1961, Public Law 87–256, as amended, also goals should aim to avoid substance Application Deadline: Friday, known as the Fulbright-Hays Act. The purpose of the Act is ‘‘to enable the February 3, 2012. abuse, enhance physical fitness in order Government of the United States to increase to prevent illness, and raise the overall Executive Summary: The Office of mutual understanding between the people of Citizen Exchanges of the Bureau of quality of life through sports. Emphasis the United States and the people of other should be on the responsibility of the Educational and Cultural Affairs countries * * *; to strengthen the ties which announces an open competition for the unite us with other nations by demonstrating broader community to support healthy International Sports Programming the educational and cultural interests, behaviors, and to educate young people Initiative. Public and private non-profit developments, and achievements of the how to prevent and manage non- organizations meeting the provisions people of the United States and other nations communicable or infectious diseases, * * * and thus to assist in the development described in Internal Revenue Code such as HIV/AIDS, through sports of friendly, sympathetic and peaceful programs. section 26 U.S.C. 501(c)(3) may submit relations between the United States and the proposals for projects designed to reach other countries of the world.’’ The funding (3) Sport and Disability out to youth and promote mutual authority for the program above is provided understanding by increasing the through legislation. Exchanges funded under this theme professional capacity of those who Purpose: The Office of Citizen are designed to promote and sponsor design and manage youth sports Exchanges welcomes proposals for two- sport, recreation, and fitness programs programs in select countries in Africa, way exchanges (one component in the for persons with disabilities. Project East Asia and the Pacific, the Near East United States and the other in the goals should include improving the and North Africa, South and Central chosen country) that directly respond to quality of life for persons with Asia, Europe, and the Western the thematic areas outlined below. disabilities by providing affordable, Hemisphere. The focus of all programs Projects for themes not listed below will inclusive sports experiences that build must be on reaching out to both male not be eligible for consideration under self-esteem and confidence, enhancing and female youth ages 7–17 and/or their the FY 2012 International Sports active participation in community life, coaches/administrators. Programs Program Initiative Competition, and will and making a significant contribution to designed to train elite athletes or be deemed technically ineligible and the physical and psychological health of coaches will not be considered. Eligible receive no further consideration in the people with disabilities. Proposals countries and territories in each region review process. under this theme aim to demonstrate are: Themes: that persons with disabilities can be Africa: Botswana, Cote d’Ivoire, included in sports opportunities in their Kenya, Mali, and Nigeria; (1) Youth Sports Engagement communities, and will develop East Asia and the Pacific: China, Exchanges funded under this theme opportunities for them to do so. In Malaysia, or a multi-country program will focus on effective ways that sport addition, projects should aim to raise that MUST include AT LEAST TWO of can play a role in youth development at the awareness of non-disabled people the following—Cambodia, Laos, the grassroots level, while promoting about contributions that persons with Thailand, and/or Vietnam; technical proficiency among the youth disabilities make to society.

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(4) Sport for Social Change • U.S. experts who worked with institutions must provide their names Exchanges funded under this theme participants from overseas implement and biographical data to the ECA will focus on effective ways that sport an in-country program. Program Officer. Priority in two-way • Participants in the U.S. program can play a role in promoting more stable exchange proposals will be given to design in-country projects and serve as and inclusive communities, and as an foreign participants who have not co-presenters. previously traveled to the United States. alternative to anti-social behavior. • Materials are translated into the Project goals should include the relevant language for use in future II. Award Information importance of leadership, responsibility, projects. Type of Award: Grant Agreement. teamwork, healthy living, and self- • Small grants are dispersed for Fiscal Year Funds: 2012. discipline to demonstrate how projects designed to expand the Approximate Total Funding: organized sports can encourage youth to exchange experience. $1,800,000. stay in school, avoid substance abuse, • All participants are encouraged to Approximate Number of Awards: 8– prevent violence, and mitigate extremist enroll in the Bureau of Education and 10. voices. In addition, projects should aim Cultural Affairs’ alumni Web site Approximate Average Award: to include the use of sport as a tool to https://alumni.state.gov. $225,000. promote tolerance and understanding U.S. Embassy Involvement: Ceiling of Award Range: $225,000. through organized activities that appeal Applicants are strongly encouraged to Floor of Award Range: $60,000. to youth and youth influencers, and that consult with Public Affairs Officers at Anticipated Award Date: Pending focus on conflict prevention/resolution. U.S. Embassies in relevant countries as availability of funds, August 31, 2012. The pursuit of academic degrees from they develop proposals responding to Anticipated Project Completion Date: U.S. institutions is not an acceptable this RFGP. It is important that the September 30, 2013–June 30, 2015. focus of this program. Proposals that proposal narrative clearly state the Projects under this competition may have only an academic focus will be applicant’s commitment to consult range in length from one to three years deemed technically ineligible and will closely with the Public Affairs Section depending on the number of project receive no further consideration in the of the U.S. Embassy in the relevant components, the country/region targeted review process. country/countries to develop plans for and the extent of the evaluation plan No guarantee is made or implied that project implementation, to select project proposed by the applicant. The Office of grants will be awarded in all themes or participants, and to publicize the Citizen Exchanges strongly encourages for all countries listed. program through the media. Proposals applicant organizations to plan enough Audience: The intended audience is should acknowledge U.S. Embassy time after project activities are non-elite youth, coaches, community involvement in the final selection of all completed to measure project outcomes. leaders, and non-governmental participants. Please refer to the Program Monitoring organizations. Media: Proposals should include and Evaluation section, item IV.3d.3 Ideal Program Model: The following specific strategies for publicizing the below, for further guidance on are suggested program structures: project, both in the United States and evaluation. • A U.S. grantee identifies U.S. overseas, as applicable. Sample citizens to conduct a multi-location, in- materials can be included in the III. Eligibility Information country program overseas that includes appendix. In any contact with the media III.1. Eligible applicants: Applications clinics and training sessions for: male (print, television, web, etc.) applicants may be submitted by public and private and female athletes; government must acknowledge funding from the non-profit organizations meeting the officials (Ministry of Sports and Bureau of Educational and Cultural provisions described in Internal Ministry of Education); coaches (adult Affairs of the U.S. Department of State Revenue Code section 26 U.S.C. and youth); NGO representatives for the program. Prior to information 501(c)(3). (including representatives from relevant being released to the media, the ECA III.2. Cost Sharing or Matching Funds: sports federations); community officials Program Office(r) must approve the There is no minimum or maximum (including local authorities associated document. All grantees are required to percentage required for this with recreational facilities); youth submit photos, highlights, and/or media competition. However, the Bureau audiences (equal numbers of boys and clips for posting on the ECA Web site: encourages applicants to provide girls); and sports management http://exchanges.state.gov/sports/. maximum levels of cost sharing and professionals to support one of the Participant Selection: Proposals funding in support of its programs. themes listed. should clearly describe the types of When cost sharing is offered, it is • An in-country partner overseas (a persons that will participate in the understood and agreed that the local university, government agency or program, as well as the participant applicant must provide the amount of other appropriate organization, such as recruitment and selection processes. It cost sharing as stipulated in its proposal a relevant sports federation) co-hosts an is a priority of the Bureau to include and later included in an approved activity with the U.S. grantee female participants in all of its agreement. Cost sharing may be in the institution, and participates in the programs. In the selection of foreign form of allowable direct or indirect selection of participants for a U.S. participants, the Bureau would like the costs. For accountability, you must program. U.S. Embassies (when possible) to be maintain written records to support all • A U.S. program that includes site involved in the recruitment and costs which are claimed as your visits designed to provide participants selection processes and the proposal contribution, as well as costs to be paid with exposure to American youth and should state how the grantee intends to by the Federal government. Such coaches, sports education in the United incorporate this. The Bureau and U.S. records are subject to audit. The basis States, background information on U.S. Embassies retain the right to review all for determining the value of cash and approaches to the themes listed in the participant nominations and to accept in-kind contributions must be in announcement, relevant cultural or refuse participants recommended by accordance with OMB Circular A–110, activities, and a debriefing and grantee institutions. When U.S. (Revised), Subpart C.23—Cost Sharing evaluation. participants are selected, grantee and Matching. In the event you do not

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provide the minimum amount of cost • Printed applications shipped after ‘‘Application Deadline and Methods of sharing as stipulated in the approved the established deadlines are ineligible Submission’’ section below. budget, ECA’s contribution will be for consideration under this IV.3a. You are required to have a reduced in like proportion. competition. Dun and Bradstreet Data Universal III.3. Other Eligibility Requirements: • Electronic applications uploaded to Numbering System (DUNS) number (a.) Grants awarded to eligible the Grants.gov Web site after midnight to apply for a grant or cooperative organizations with less than four years of the application deadline date will be agreement from the U.S. Government. of experience in conducting automatically rejected by the Grants.gov This number is a nine-digit international exchange programs will be system, and will be technically identification number, which uniquely limited to $60,000. Organizations that ineligible. identifies business entities. Obtaining a only qualify for the $60,000 level may DUNS number is easy and there is no choose to conduct a one-way exchange, IV. Application and Submission charge. To obtain a DUNS number, but must explain how the objectives of Information access http:// Americans interacting with foreign Before submitting a proposal, all www.dunandbradstreet.com or call 1 participants will still be achieved. applicants are strongly encouraged to (866) 705–5711. Please ensure that your (b.) Technical Eligibility: It is consult with the Washington, DC-based DUNS number is included in the imperative that all proposals follow the Department of State contact for the appropriate box of the SF–424 which is requirements outlined in the Proposal themes/regions listed in this part of the formal application package. Submission Instructions (PSI) technical solicitation. IV.3b. All proposals must contain an format and instructions document. executive summary, proposal narrative, Additionally, all proposals must comply Note: Please read the complete detailed timeline and detailed budget. with the following or they will result in announcement before sending inquiries or submitting proposals. Once the RFGP Please Refer to the Solicitation Package. your proposal being declared deadline has passed, Bureau staff may not It contains the mandatory Proposal technically ineligible and will not discuss this competition with applicants Submission Instructions (PSI) document receive further consideration in the until the proposal review process has been for additional formatting and technical review process: completed. requirements. • Applicants may not submit more IV.3c. You must have nonprofit status than one (1) Proposal for this IV.1 Contact Information to Request with the IRS at the time of application. competition. Organizations that submit an Application Package: Please contact: Please note: Effective January 7, 2009, proposals that exceed these limits will Ryan Murphy, U.S. Department of State, all applicants for ECA federal assistance result in having all of their proposals Bureau of Educational and Cultural awards must include in their declared technically ineligible. Affairs, SportsUnited Division, ECA/PE/ application the names of directors and/ • Proposals for countries that are not C/SU, SA–5, Floor 3, 2200 C Street, or senior executives (current officers, designated in the RFGP, that address NW., Washington, DC 20037, tel: (202) trustees, and key employees, regardless more than one region, or address themes 632–6058, fax: (202) 632–6492, of amount of compensation). In outside of those listed in the RFGP, will [email protected] to request a fulfilling this requirement, applicants be deemed technically ineligible. Solicitation Package. Please refer to the must submit information in one of the • The Office of Citizen Exchanges Funding Opportunity Number ECA/PE/ following ways: does not support proposals limited to C/SU–12–15 located at the top of this (1) Those who file Internal Revenue conferences or seminars (i.e., one- to announcement when making your Service Form 990, ‘‘Return of fourteen-day programs with plenary request. Organization Exempt From Income sessions, main speakers, panels, and a Alternatively, an electronic Tax,’’ must include a copy of relevant passive audience). It will support application package may be obtained portions of this form. conferences only when they are a small from http://www.grants.gov. Please see (2) Those who do not file IRS Form part of a larger project in duration that section IV.3f for further information. 990 must submit information above in is receiving Bureau funding from this The Solicitation Package contains the the format of their choice. competition. No funding is available Proposal Submission Instruction (PSI) In addition to final program reporting exclusively to send U.S. citizens to document which consists of required requirements, award recipients will also conferences or conference type seminars application forms, and standard be required to submit a one-page overseas; nor is funding available to guidelines for proposal preparation. document, derived from their program support the attendance of foreign Please specify Ryan Murphy and refer reports, listing and describing their nationals at conferences or at routine to the Funding Opportunity Number grant activities. For award recipients, professional association meetings in the ECA/PE/C/SU–12–15 located at the top the names of directors and/or senior United States. of this announcement on all other executives (current officers, trustees, • The Office of Citizen Exchanges inquiries and correspondence. and key employees), as well as the one- does not support academic research, or IV.2. To Download a Solicitation page description of grant activities, will faculty or student fellowships. Package Via Internet: The entire be transmitted by the State Department • If your organization is a private Solicitation Package may be to OMB, along with other information non-profit which has not received a downloaded from the Bureau’s Web site required by the Federal Funding grant or cooperative agreement from at: http://exchanges.state.gov/grants/ Accountability and Transparency Act ECA in the past three years, or if your open2.html, or from the Grants.gov Web (FFATA), and will be made available to organization received non-profit status site at http://www.grants.gov. the public by the Office of Management from the IRS within the past four years, Please read all information before and Budget on its USASpending.gov you must submit the necessary downloading. Web site as part of ECA’s FFATA documentation to verify non-profit IV.3. Content and Form of reporting requirements. status as directed in the PSI document. Submission: Applicants must follow all If your organization is a private non- Failure to do so will cause your instructions in the Solicitation Package. profit which has not received a grant or proposal to be declared technically The application should be submitted cooperative agreement from ECA in the ineligible. per the instructions under IV.3f. past three years, or if your organization

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received non-profit status from the IRS A copy of the complete regulations institutions). The evaluation plan within the past four years, you must governing the administration of should include indicators that measure submit the necessary documentation to Exchange Visitor (J) programs is gains in mutual understanding as well verify non-profit status as directed in available at http://exchanges.state.gov as substantive knowledge. the PSI document. Failure to do so will or from: Successful monitoring and evaluation cause your proposal to be declared Office of Designation, Private Sector depend heavily on setting clear goals technically ineligible. Programs Division, U.S. Department and outcomes at the outset of a program. IV.3d. Please take into consideration of State, ECA/EC/D/PS, SA–5, 5th Your evaluation plan should include a the following information when Floor, 2200 C Street NW, Washington, description of your project’s objectives, preparing your proposal narrative: DC 20037. your anticipated project outcomes, and how and when you intend to measure IV.3d.1. Adherence to All Regulations IV.3d.2. Diversity, Freedom and these outcomes (performance Governing the J Visa Democracy Guidelines indicators). The more that outcomes are The Office of Citizen Exchanges of the Pursuant to the Bureau’s authorizing ‘‘smart’’ (specific, measurable, Bureau of Educational and Cultural legislation, programs must maintain a attainable, results-oriented, and placed Affairs is the official program sponsor of non-political character and should be in a reasonable time frame), the easier the exchange program covered by this balanced and representative of the it will be to conduct the evaluation. You RFGP, and an employee of the Bureau diversity of American political, social, should also show how your project will be the ‘‘Responsible Officer’’ for the and cultural life. ‘‘Diversity’’ should be objectives link to the goals of the program under the terms of 22 CFR 62, interpreted in the broadest sense and program described in this RFGP. which covers the administration of the encompass differences including, but Your monitoring and evaluation plan Exchange Visitor Program (J visa not limited to ethnicity, race, gender, should clearly distinguish between program). Under the terms of 22 CFR 62, religion, geographic location, socio- program outputs and outcomes. Outputs organizations receiving awards (either a economic status, and disabilities. are products and services delivered, grant or cooperative agreement) under Applicants are strongly encouraged to often stated as an amount. Output this RFGP will be third parties adhere to the advancement of this information is important to show the ‘‘cooperating with or assisting the principle both in program scope or size of project activities, but it sponsor in the conduct of the sponsor’s administration and in program content. cannot substitute for information about program.’’ The actions of recipient Please refer to the review criteria under progress towards outcomes or the organizations shall be ‘‘imputed to the the ‘Support for Diversity’ section for results achieved. Examples of outputs sponsor in evaluating the sponsor’s specific suggestions on incorporating include the number of people trained or compliance with’’ 22 CFR part 62. diversity into your proposal. Public Law the number of seminars conducted. Therefore, the Bureau expects that any 104–319 provides that ‘‘in carrying out Outcomes, in contrast, represent organization receiving an award under programs of educational and cultural specific results a project is intended to this competition will render all exchange in countries whose people do achieve and is usually measured as an assistance necessary to enable the not fully enjoy freedom and extent of change. Findings on outputs Bureau to fully comply with 22 CFR democracy,’’ the Bureau ‘‘shall take and outcomes should both be reported, part 62 et seq. appropriate steps to provide but the focus should be on outcomes. The Bureau of Educational and opportunities for participation in such We encourage you to assess the Cultural Affairs places critically programs to human rights and following four levels of outcomes, as important emphases on the secure and democracy leaders of such countries.’’ they relate to the program goals set out proper administration of Exchange Public Law 106–113 requires that the in the RFGP (listed here in increasing Visitor (J visa) Programs and adherence governments of the countries described order of importance): by recipient organizations and program above do not have inappropriate 1. Participant satisfaction with the participants to all regulations governing influence in the selection process. program and exchange experience. the J visa program status. Therefore, Proposals should reflect advancement of 2. Participant learning, such as proposals should explicitly state in these goals in their program contents, to increased knowledge, aptitude, skills, writing that the applicant is prepared to the full extent deemed feasible. and changed understanding and assist the Bureau in meeting all attitude. Learning includes both IV.3d.3. Program Monitoring and requirements governing the substantive (subject-specific) learning Evaluation administration of Exchange Visitor and mutual understanding. Programs as set forth in 22 CFR part 62. Proposals must include a plan to 3. Participant behavior, concrete If your organization has experience as a monitor and evaluate the project’s actions to apply knowledge in work or designated Exchange Visitor Program success, both as the activities unfold community; greater participation and Sponsor, the applicant should discuss and at the end of the program. The responsibility in civic organizations; their record of compliance with 22 CFR Bureau recommends that your proposal interpretation and explanation of 62 et seq., including the oversight of include a draft survey questionnaire or experiences and new knowledge gained; their Responsible Officers and Alternate other technique plus a description of a continued contacts between Responsible Officers, screening and methodology to use to link outcomes to participants, community members, and selection of program participants, original project objectives. The Bureau others. provision of pre-arrival information and expects that the recipient organization 4. Institutional changes, such as orientation to participants, monitoring will track participants or partners and increased collaboration and of participants, proper maintenance and be able to respond to key evaluation partnerships, policy reforms, new security of forms, record-keeping, questions, including satisfaction with programming, and organizational reporting and other requirements. the program, learning as a result of the improvements. The Office of Citizen Exchanges of program, changes in behavior as a result Please note: Consideration should be given ECA will be responsible for issuing DS– of the program, and effects of the to the appropriate timing of data collection 2019 forms to participants in this program on institutions (institutions in for each level of outcome. For example, program. which participants work or partner satisfaction is usually captured as a short-

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term outcome, whereas behavior and playing fields, recreation centers, or 7. Materials. Proposals may contain institutional changes are normally stadiums. costs to purchase, develop and translate considered longer-term outcomes. Overall, IV.3e.2. Allowable costs for the materials for participants. Costs for high the quality of your monitoring and evaluation program include the following: quality translation of materials should plan will be judged on how well it: (1) be anticipated and included in the Specifies intended outcomes; (2) gives clear 1. Travel. International and domestic descriptions of how each outcome will be airfare; visas; transit costs; ground budget. Grantee organizations should measured; (3) identifies when particular transportation costs. Please note that all expect to submit a copy of all program outcomes will be measured; and (4) provides air travel must be in compliance with materials to ECA, and ECA support a clear description of the data collection the Fly America Act. There is no charge should be acknowledged on all strategies for each outcome (i.e., surveys, for J–1 visas for participants in Bureau materials developed with its funding. interviews, or focus groups). (Please note that sponsored programs. 8. Equipment. Applicants may evaluation plans that deal only with the first 2. Per Diem. For U.S.-based propose to use grant funds to purchase level of outcomes [satisfaction] will be programming, organizations should use equipment, such as computers and deemed less competitive under the present printers; these costs should be justified evaluation criteria). the published Federal per diem rates for individual U.S. cities. Domestic per in the budget narrative. Costs for Recipient organizations will be diem rates may be accessed at: http:// furniture are not allowed. required to provide reports analyzing www.gsa.gov/perdiem. ECA requests 9. Working Meal. A maximum of one their evaluation findings to the Bureau applicants to budget realistic costs that working meal may be authorized per in their regular program reports. All reflect the local economy and do not project unless extenuating data collected, including survey exceed Federal per diem rates. Foreign circumstances exist, in which case prior responses and contact information, must per diem rates can be accessed at: approval must be obtained from a DOS be maintained for a minimum of three http://aoprals.state.gov/ Grants Officer. Unless additional working meals are approved, the years and provided to the Bureau upon content.asp?content_id=184&menu_ Recipient agrees to reduce the request. id=78. participants’ per diem to cover the cost 3. Interpreters. For U.S.-based Department of State Acknowledgement of any additional working meals. In activities, ECA strongly encourages All recipients of ECA grants or addition, per capita costs may not applicants to hire their own locally cooperative agreements should be exceed $45 excluding room rental. The based interpreters. One interpreter is prepared to state in any announcement number of invited guests shall not typically needed for every four or publicity where it is not exceed participants by more than a participants who require interpretation. inappropriate that activities are assisted factor of two-to-one. financially by the Bureau of Educational When an applicant proposes to use 10. Return Travel Allowance. A return and Cultural Affairs of the U.S. interpreters, the following expenses travel allowance of $70 for each foreign Department of State under the authority should be included in the budget: participant may be included in the of the Fulbright-Hays Act of 1961, as Published Federal per diem rates (both budget. This allowance would cover amended. ‘‘lodging’’ and ‘‘M&IE’’) and incidental expenses incurred during In any contact with the media (print, transportation costs per interpreter. international travel. television, web, etc.) applicants must Bureau funds cannot support 11. Health Insurance. Foreign acknowledge funding from the Bureau interpreters who accompany delegations participants will be covered during their of Educational and Cultural Affairs of from their home country or travel participation in the U.S. program by the the U.S. Department of State for the internationally. ECA-sponsored Accident and Sickness program. Prior to information being 4. Book and Cultural Allowances. Program for Exchanges (ASPE). The released to the media, the ECA Program Foreign participants are entitled to a grantee must notify the program office Office(r) must approve the document. one-time cultural allowance of $150 per to enroll them. Details of that policy can person, plus a book allowance of $50. be provided by the contact officers Alumni Outreach/Follow-on Interpreters should be reimbursed up to identified in this solicitation. The Programming and Engagement $150 for expenses when they escort premium is paid by ECA and should not Please refer to the Proposal participants to cultural events. U.S. be included in the grant proposal Submissions Instruction (PSI) document program staff, trainers or participants budget. However, applicants are for additional guidance. are not eligible to receive these benefits. permitted to include costs for travel IV.3e. Please take the following 5. Consultants. Consultants may be insurance for U.S. participants in the information into consideration when used to provide specialized expertise or budget. preparing your budget: to make presentations. Honoraria rates 12. Wire Transfer Fees. When IV.3e.1. Applicants must submit SF– should not exceed $250 per day. necessary, applicants may include costs 424A—‘‘Budget Information—Non- Organizations are encouraged to cost- to transfer funds to partner Construction Programs’’ along with a share rates that would exceed that organizations overseas. Grantees are comprehensive budget for the entire figure. Subcontracting organizations urged to research applicable taxes that program. For this competition, requests may also be employed, in which case may be imposed on these transfers by should not exceed $225,000. There must the written agreement between the host governments. be a summary budget as well as prospective grantee and sub-grantee 13. In-country Travel Costs for Visa breakdowns reflecting both should be included in the proposal. Processing Purposes. Given the administrative and program budgets. Such sub-grants should detail the requirements associated with obtaining Applicants may provide separate sub- division of responsibilities and J–1 visas for ECA-supported budgets for each program component, proposed costs, and subcontracts should participants, applicants should include phase, location, or activity to provide be itemized in the budget. costs for any travel associated with visa clarification. Please note that the Bureau 6. Room Rental. The rental of meeting interviews or DS–2019 pick-up. of Educational and Cultural Affairs does space should not exceed $250 per day. 14. Administrative Costs. Costs not fund programs that involve building Any rates that exceed this amount necessary for the effective of structures of any kind, including should be cost shared. administration of the program may

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include salaries for grantee organization Important note: When preparing your Direct all questions regarding employees, benefits, and other direct submission please make sure to include one Grants.gov registration and submission and indirect costs per detailed extra copy of the completed SF–424 form and to: instructions in the Application Package. place it in an envelope addressed to ‘‘ECA/ EX/PM’’. Grants.gov Customer Support While there is no rigid ratio of Contact Center Phone: (800) 518– administrative to program costs, The original and eight (8) copies of 4726, proposals in which the administrative the application should be sent to: Business Hours: Monday–Friday, costs do not exceed 25% of the total U.S. Department of State, Program 7 a.m.–9 p.m. Eastern Time requested ECA grant funds will be more Management Division, ECA–IIP/EX/ Email: [email protected]. competitive under the cost effectiveness PM, Ref.: ECA/PE/C/SU–12–15, SA–5, Applicants have until midnight (12 and cost sharing criterion, per item V.1 Floor 4, Department of State, 2200 C a.m.), Washington, DC time of the below. Proposals should show strong Street NW., Washington, DC 20037. closing date to ensure that their entire administrative cost sharing Applicants submitting hard-copy application has been uploaded to the contributions from the applicant, the in- applications must also submit the Grants.gov site. There are no exceptions country partner and other sources. ‘‘Executive Summary’’ and ‘‘Proposal to the above deadline. Applications Please refer to the Solicitation Narrative’’ sections of the proposal in uploaded to the site after midnight of Package for complete budget guidelines text (.txt) or Microsoft Word format on the application deadline date will be and formatting instructions. CD–ROM. The Bureau will provide automatically rejected by the Grants.gov IV.3f. Application Deadline and these files electronically to the system, and will be technically Methods of Submission: appropriate Public Affairs Section(s) at ineligible. Please refer to the Grants.gov Application Deadline Date: Friday, the U.S. Embassy/ies for their review. Web site for definitions of various February 3, 2012. ‘‘application statuses’’ and the Reference Number: ECA/PE/C/SU– IV.3f.2. Submitting Electronic difference between a submission receipt 12–15. Applications and a submission validation. Methods of Submission: Applications Applicants have the option of Applicants will receive a validation may be submitted in one of two ways: submitting proposals electronically email from grants.gov upon the (1) In hard-copy, via a nationally successful submission of an application. recognized overnight delivery service through Grants.gov (http:// www.grants.gov). Complete solicitation Again, validation of an electronic (i.e., DHL, Federal Express, UPS, submission via Grants.gov can take up Airborne Express, or U.S. Postal Service packages are available at Grants.gov in the ‘‘Find’’ portion of the system. to two business days. Therefore, we Express Overnight Mail, etc.), or strongly recommend that you not wait (2) Electronically through http:// Please follow the instructions until the application deadline to begin www.grants.gov. available in the ‘‘Get Started’’ portion of the submission process through Along with the Project Title, all the site (http://www.grants.gov/ Grants.gov. ECA will not notify you applicants must enter the above GetStarted). upon receipt of electronic applications. Reference Number in Box 11 on the SF– Several of the steps in the Grants.gov It is the responsibility of all 424 contained in the mandatory registration process could take several applicants submitting proposals via the Proposal Submission Instructions (PSI) weeks. Therefore, applicants should Grants.gov Web portal to ensure that of the solicitation document. check with appropriate staff within their organizations immediately after proposals have been received by IV.3f.1. Submitting Printed Applications reviewing this RFGP to confirm or Grants.gov in their entirety, and ECA Applications must be shipped no later determine their registration status with bears no responsibility for data errors than the above deadline. Delivery Grants.gov. resulting from transmission or services used by applicants must have Once registered, the amount of time it conversion processes. in-place, centralized shipping can take to upload an application will IV.3g. Intergovernmental Review of identification and tracking systems that vary depending on a variety of factors Applications: Executive Order 12372 may be accessed via the Internet and including the size of the application and does not apply to this program. delivery people who are identifiable by the speed of your internet connection. V. Application Review Information commonly recognized uniforms and In addition, validation of an electronic delivery vehicles. Proposals shipped on submission via Grants.gov can take up V.1. Review Process or before the above deadline but to two business days. The Bureau will review all proposals received at ECA more than seven days Therefore, we strongly recommend for technical eligibility. Proposals will after the deadline will be ineligible for that you not wait until the application be deemed ineligible if they do not fully further consideration under this deadline to begin the submission adhere to the guidelines stated herein competition. Proposals shipped after the process through Grants.gov. and in the Solicitation Package. All established deadlines are ineligible for The Grants.gov Web site includes eligible proposals will be reviewed by consideration under this competition. extensive information on all phases/ the program office, as well as the Public ECA will not notify you upon receipt of aspects of the Grants.gov process, Diplomacy section of the relevant application. It is each applicant’s including an extensive section on Embassy, where appropriate. Eligible responsibility to ensure that each frequently asked questions, located proposals will be subject to compliance package is marked with a legible under the ‘‘For Applicants’’ section of with Federal and Bureau regulations tracking number and to monitor/confirm the Web site. ECA strongly recommends and guidelines and forwarded to Bureau delivery to ECA via the Internet. that all potential applicants review grant panels for advisory review. Delivery of proposal packages may not thoroughly the Grants.gov Web site, Proposals may also be reviewed by the be made via local courier service or in well in advance of submitting a Office of the Legal Adviser or by other person for this competition. Faxed proposal through the Grants.gov system. Department elements. Final funding documents will not be accepted at any ECA bears no responsibility for data decisions are at the discretion of the time. Only proposals submitted as errors resulting from transmission or Department of State’s Assistant stated above will be considered. conversion processes. Secretary for Educational and Cultural

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Affairs. Final technical authority for 4. Cost Effectiveness and Cost institutions submit a final narrative and grants resides with the Bureau’s Grants Sharing: Overhead and administrative financial report no more than 90 days Officer. costs in the proposal budget, including after the expiration of a grant. Please salaries, honoraria and subcontracts for refer to the ‘‘Program Management/ Review Criteria services, should be kept to a minimum. Evaluation’’ section, item IV.3d.3 above Technically eligible applications will Proposals whose administrative costs for more guidance. be competitively reviewed according to are less than twenty-five (25) percent of the criteria stated below. These criteria the total funds requested from the VI. Award Administration Information are not rank ordered and all carry equal Bureau will be deemed more VI.1a. Award Notices weight in the proposal evaluation: competitive under this criterion. Final awards cannot be made until 1. Program Planning and Ability to Applicants are strongly encouraged to Achieve Objectives: Program objectives cost share a portion of overhead and funds have been appropriated by should be stated clearly and should administrative expenses. Cost sharing, Congress, allocated and committed reflect the applicant’s expertise in the including contributions from the through internal Bureau procedures. subject area and region. Objectives applicant, proposed in-country Successful applicants will receive a should respond to the topics in this partner(s), and other sources should be Federal Assistance Award (FAA) from announcement and should relate to the included in the budget request. Proposal the Bureau’s Grants Office. The FAA current conditions in the target country/ budgets that do not reflect cost sharing and the original proposal with countries. A detailed agenda and will be deemed not competitive in this subsequent modifications (if applicable) relevant work plan should explain how category. shall be the only binding authorizing objectives will be achieved and should 5. Support of Diversity: Proposals document between the recipient and the include a timetable for completion of should demonstrate substantive support U.S. Government. The FAA will be major tasks. The substance of of the Bureau’s policy on diversity. signed by an authorized Grants Officer, workshops, internships, seminars and/ Achievable and relevant features should and mailed to the recipient’s or consulting should be described in be cited in both program administration responsible officer identified in the detail. Sample training schedules (selection of participants, program application. should be outlined. Responsibilities of venue and program evaluation) and Unsuccessful applicants will receive proposed in-country partners should be program content (orientation and wrap- notification of the results of the clearly described. A discussion of how up sessions, program meetings, resource application review from the ECA the applicant intends to address materials and follow-up activities). program office coordinating this language issues should be included, if Applicants should refer to the Bureau’s competition. needed. Diversity, Freedom and Democracy For assistance awards involving the 2. Multiplier Effect/Impact: Proposed Guidelines in the PSI and the Diversity, Palestinian Authority, West Bank, and programs should strengthen long-term Freedom and Democracy Guidelines Gaza: All awards made under this mutual understanding, including section, Item IV.3d.2, above for competition must be executed according maximum sharing of information and additional guidance. to all relevant U.S. laws and policies establishment of long-term institutional 6. Post-Grant Activities: Applicants regarding assistance to the Palestinian and individual linkages. should provide a plan to conduct Authority, and to the West Bank and 3. Institutional Capacity: Proposals activities after the Bureau-funded Gaza. Organizations must consult with should include: (1) The institution’s project has concluded in order to ensure relevant Public Affairs Offices before mission and date of establishment; (2) that Bureau-supported programs are not entering into any formal arrangements detailed information about proposed in- isolated events. Funds for all post-grant or agreements with Palestinian country partner(s) and the history of the activities must be in the form of organizations or institutions. partnership; (3) an outline of prior contributions from the applicant or Note: To assure that planning for the awards—U.S. government and/or sources outside of the Bureau. Costs for private support received for the target inclusion of the Palestinian Authority these activities must not appear in the complies with requirements, please contact theme/country/region; and (4) proposal budget, but should be outlined (Ryan Murphy, ECA/PE/C/SU, tel: (202) 632– descriptions of experienced staff in the narrative. 6058, [email protected]) for additional members who will implement the 7. Program Monitoring and information. program. The proposal should reflect Evaluation: Proposals should include a VI.2. Administrative and National the institution’s expertise in the subject detailed plan to monitor and evaluate Policy Requirements: Terms and area and knowledge of the conditions in the program. Program objectives should Conditions for the Administration of the target country/countries. Proposals target clearly defined results in ECA agreements include the following: should demonstrate an institutional quantitative terms. Competitive record of successful exchange programs, evaluation plans will describe how Office of Management and Budget including responsible fiscal applicant organizations would measure Circular A–122, ‘‘Cost Principles for management and full compliance with these results, and proposals should Nonprofit Organizations.’’ all reporting requirements for past include draft data collection Office of Management and Budget Bureau grants as determined by Bureau instruments (surveys, questionnaires, Circular A–21, ‘‘Cost Principles for grants staff. The Bureau will consider etc.) in Tab E. See the ‘‘Program Educational Institutions.’’ the past performance of prior recipients Monitoring/Evaluation’’ section, item OMB Circular A–87, ‘‘Cost Principles and the demonstrated potential of new IV.3d.3 above for more information on for State, Local and Indian applicants. Proposed personnel and the components of a competitive Governments’’. institutional resources should be evaluation plan. Successful applicants OMB Circular No. A–110 (Revised), adequate and appropriate to achieve the (grantee institutions) will be expected to Uniform Administrative program’s goals. The Bureau strongly submit a report after each program Requirements for Grants and encourages applicants to submit letters component concludes or on a quarterly Agreements with Institutions of of support from proposed in-country basis, whichever is less frequent. The Higher Education, Hospitals, and partners. Bureau also requires that grantee other Nonprofit Organizations.

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OMB Circular No. A–102, Uniform travel and cities in which any exchange Washington, DC. The meeting is open to Administrative Requirements for experiences take place. Final schedules the public and will last until Grants-in-Aid to State and Local for in-country and U.S. activities must approximately 12 p.m. Governments. be received by the ECA Program Officer The Overseas Schools Advisory OMB Circular No. A–133, Audits of at least three weeks prior to the official Council works closely with the U.S. States, Local Government, and Non- opening of the activity. business community in improving those profit Organizations. American-sponsored schools overseas VII. Agency Contacts Please reference the following Web that are assisted by the Department of sites for additional information: For questions about this State and attended by dependents of http://www.whitehouse.gov/omb/grants. announcement, contact: Ryan Murphy, U.S. Government families and children http://fa.statebuy.state.gov U.S. Department of State, Bureau of of employees of U.S. corporations and VI.3. Reporting Requirements: You Educational and Cultural Affairs, foundations abroad. must provide ECA with a hard copy SportsUnited Division, ECA/PE/C/SU, This meeting will deal with issues original plus two copies of the following SA–5, Floor 3, 2200 C Street NW., related to the work and the support reports: Washington, DC 20037, tel: (202) 632– provided by the Overseas Schools (1.) A final program and financial 6058, fax: (202) 632–6492, Advisory Council to the American- report no more than 90 days after the [email protected]. sponsored overseas schools. In addition expiration of the award; All correspondence with the Bureau there will be a presentation on a (2.) A concise, one-page final program concerning this RFGP should reference Council-sponsored project that report summarizing program outcomes the above title and reference number developed a training center for no more than 90 days after the ECA/PE/C/SU–12–15. principals of overseas schools. expiration of the award. This one-page Please read the complete Members of the public may attend the report will be transmitted to OMB, and announcement before sending inquiries meeting and join in the discussion, be made available to the public via or submitting proposals. Once the RFGP subject to the instructions of the Chair. OMB’s USAspending.gov Web site—as deadline has passed, Bureau staff may Admittance of public members will be part of ECA’s Federal Funding not discuss this competition with limited to the seating available. Access Accountability and Transparency Act applicants until the proposal review to the State Department is controlled, (FFATA) reporting requirements. process has been completed. and individual building passes are (3.) A SF–PPR, ‘‘Performance Progress required for all attendees. Persons who VIII. Other Information Report’’ Cover Sheet with all program plan to attend should advise the office reports. Notice of Dr. Keith D. Miller, Department of (4.) Quarterly program and financial The terms and conditions published State, Office of Overseas Schools, Room reports which should include the in this RFGP are binding and may not H328, SA–1, Washington, DC 20522– activities completed during that quarter, be modified by any Bureau 0132, telephone (202) 261–8200, prior to information about any participants of representative. Explanatory information January 9, 2012. Each visitor will be the activities, and any adjustments in provided by the Bureau that contradicts asked to provide his/her date of birth the program timeline. published language will not be binding. and either driver’s license or passport Award recipients will be required to Issuance of the RFGP does not number at the time of registration and provide reports analyzing their constitute an award commitment on the attendance, and must carry a valid evaluation findings to the Bureau in part of the Government. The Bureau photo ID to the meeting. their regular program reports. (Please reserves the right to reduce, revise, or Personal data is requested pursuant to refer to IV. Application and Submission increase proposal budgets in accordance Public Law 99–399 (Omnibus Instructions (IV.3.d.3) above for Program with the needs of the program and the Diplomatic Security and Antiterrorism Monitoring and Evaluation information. availability of funds. Awards made will Act of 1986), as amended; Public Law All data collected, including survey be subject to periodic reporting and 107–56 (USA PATRIOT Act); and responses and contact information, must evaluation requirements per section VI.3 Executive Order 13356. The purpose of be maintained for a minimum of three above. the collection is to validate the identity years and provided to the Bureau upon of individuals who enter Department request. Dated: December 8, 2011. facilities. The data will be entered into All reports must be sent to the ECA J. Adam Ereli, the Visitor Access Control System Grants Officer and ECA Program Officer Principal Deputy Assistant Secretary, Bureau (VACS–D) database. Please see the listed in the final assistance award of Educational and Cultural Affairs, U.S. Privacy Impact Assessment for VACS–D document. Department of State. at:http://www.state.gov/documents/ Program Data Requirements: [FR Doc. 2011–32105 Filed 12–14–11; 8:45 am] organization/100305.pdf for additional Award recipients will be required to BILLING CODE 4710–05–P information. maintain specific data on program Any requests for reasonable participants and activities in an accommodation should be made at the electronically accessible database format DEPARTMENT OF STATE time of registration. All such requests that can be shared with the Bureau as [Public Notice 7712] will be considered, however, requests required. As a minimum, the data must made after January 10th might not be include the following: Overseas Schools Advisory Council possible to fill. All attendees must use (1) Name, address, contact Notice of Meeting the C Street entrance to the building. information and biographic sketch of all persons who travel internationally on The Overseas Schools Advisory Dated: December 9, 2011. funds provided by the agreement or who Council, Department of State, will hold Keith D. Miller, benefit from the award funding but do its Executive Committee Meeting on Executive Secretary, Overseas Schools not travel. Thursday, January 19, 2012, at 9:30 a.m. Advisory Council. (2) Itineraries of international and in Conference Room 1107, Department [FR Doc. 2011–32187 Filed 12–14–11; 8:45 am] domestic travel, providing dates of of State Building, 2201 C Street NW., BILLING CODE 4710–24–P

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DEPARTMENT OF TRANSPORTATION Addresses: Send comments regarding carriers and the states within which these information collections to the they operate, see Watco’s notice of Maritime Administration Office of Information and Regulatory exemption filed on November 29, 2011. Affairs, Office of Management and The notice is available on the Board’s Reports, Forms and Recordkeeping Budget, 725 Seventeenth Street NW., Web site at ‘‘http://www.stb.dot.gov.’’ Requirements; Agency Information Washington, DC 20503, Attention: Prior to consummation of the Collection Activity Under OMB Review MARAD Desk Officer. Alternatively, transaction, Wisconsin & Southern AGENCY: Maritime Administration, DOT. comments may be sent via email to the Railroad Co., a Wisconsin corporation, will convert from a corporation to a ACTION: Office of Information and Regulatory Notice and request for Wisconsin limited liability company comments. Affairs (OIRA), Office of Management and Budget, at the following address: known as Wisconsin & Southern SUMMARY: In compliance with the [email protected]. Railroad, L.L.C. (WSOR). As a result of Paperwork Reduction Act of 1995 (44 Comments Are Invited On: Whether the transaction, Watco Services will U.S.C. 3501 et seq.), this notice the proposed collection of information acquire, pursuant to a Purchase announces that the Information is necessary for the proper performance Agreement, 90 percent of all the issued Collection abstracted below has been of the functions of the agency, including and outstanding ownership and forwarded to the Office of Management whether the information will have membership interests of WSOR, and and Budget (OMB) for review and practical utility; the accuracy of the Watco Holdings thus will indirectly 1 approval. The nature of the information agency’s estimate of the burden of the control WSOR. WSOR will remain a collection is described as well as its proposed information collection; ways Class II carrier. expected burden. The Federal Register to enhance the quality, utility and Applicants represent that: (1) The rail Notice with a 60-day comment period clarity of the information to be lines operated by WSOR do not connect collected; and ways to minimize the with any of the rail lines operated by the soliciting comments on the following 2 collection of information was published burden of the collection of information carriers in the Watco corporate family; (2) the transaction is not part of a series on June 29, 2011, and comments were on respondents, including the use of of anticipated transactions that would due by August 29, 2011. No comments automated collection techniques or connect the rail lines operated by WSOR were received. other forms of information technology. A comment to OMB is best assured of with any railroad in the Watco corporate DATES: Comments must be submitted on family; and (3) the transaction does not or before January 17, 2012. having its full effect if OMB receives it within 30 days of publication. involve a Class I rail carrier. Therefore, FOR FURTHER INFORMATION CONTACT: the transaction is exempt from the prior Edmond J. Fitzgerald, Maritime (Authority: 49 CFR 1.66.) approval requirements of 49 U.S.C. Administration, 1200 New Jersey By order of the Maritime Administrator. 11323. See 49 CFR 1180.2(d)(2). Watco Avenue SE., Washington, DC 20590. Dated: December 9, 2011. states that the purpose of the transaction Telephone: (202) 366–2279; Fax: (202) Julie P. Agarwal, is to permit Watco Holdings to acquire 366–7901; or Email: Secretary, Maritime Administration. control of WSOR as an investment in [email protected]. Copies of [FR Doc. 2011–32119 Filed 12–14–11; 8:45 am] order to reduce overhead expenses and this collection also can be obtained from coordinate billing, maintenance, BILLING CODE 4910–81–P that office. mechanical and personnel policies and SUPPLEMENTARY INFORMATION: Maritime practices of its rail carrier subsidiaries Administration (MARAD). DEPARTMENT OF TRANSPORTATION and thereby improve the overall Title: Seamen’s Claims— efficiency of rail service provided by the Administrative Action and Litigation. Surface Transportation Board railroads in the Watco corporate family. OMB Control Number: 2133–0522. Under 49 U.S.C 10502(g), the Board Type of Request: Extension of [Docket No. FD 35573] may not use its exemption authority to currently approved collection. Watco Holdings, Inc. and Watco relieve a rail carrier of its statutory Affected Public: Officers or members Transportation Services, L.L.C.— obligation to protect the interests of its of a crew who suffered death, injury, or Acquisition of Control Exemption— employees. Because the transaction illness while employed on vessels Wisconsin & Southern Railroad, L.L.C. involves the control of one Class II and owned or operated by the United States one or more Class III rail carriers, the through the Maritime Administration. Watco Holdings, Inc. (Watco transaction is subject to the labor Also included are surviving dependents, Holdings) and Watco Transportation protection requirements of 49 U.S.C. beneficiaries, and legal representatives Services, L.L.C. (Watco Services) 11326(b) and Wisconsin Central Ltd.— of officers or crew members. (collectively, Watco), both noncarriers, Acquisition Exemption—Lines of Union Forms: None. have filed a verified notice of exemption Pacific Railroad, 2 S.T.B. 218 (1997). Abstract: The collection consists of for Watco Holdings to acquire indirect If the verified notice contains false or information obtained from claimants for control, and for Watco Services to misleading information, the exemption death, injury, or illness suffered while acquire direct control, of the Wisconsin is void ab initio. Petitions to revoke the serving as officers or members of a crew & Southern Railroad, L.L.C., a Class II exemption under 49 U.S.C. 10502(d) on board a vessel owned or operated by railroad. Watco intends to consummate the United States through the Maritime the transaction on or shortly after 1 A redacted version of the draft Purchase Administration. The Maritime December 29, 2011, the effective date of Agreement was filed with the notice of exemption. The applicant concurrently filed a motion for Administration reviews the information the exemption (30 days after the verified protective order pursuant to 49 CFR 1104.14(b) to and makes a determination regarding notice was filed). allow the filing under seal of the unredacted the issues of agency and vessel liability Watco Holdings, a Kansas Purchase Agreement. That motion will be addressed and the reasonableness of the recovery corporation, controls Watco Services. in a separate decision. 2 According to the notice, the rail lines operated demand. Watco Holdings indirectly controls 23 by WSOR are located in Wisconsin and Illinois, and Annual Estimated Burden Hours: 750 Class III railroads operating in 18 states. none of the Watco railroads own or operate a rail hours. For a complete list of these Class III line in Wisconsin or Illinois.

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may be filed at any time. The filing of Internal Revenue Service (IRS) Estimated Total Burden Hours: a petition to revoke will not OMB Number: 1545–0014. 488,161. automatically stay the effectiveness of Type of Review: Extension without OMB Number: 1545–0928. the exemption. Stay petitions must be change of a currently approved Type of Review: Extension without filed no later than December 22, 2011 (at collection. change of a currently approved least 7 days before the exemption Title: Application for Registration For collection. becomes effective). Certain Excise Tax Activities. Title: T.D. 9099—Disclosure of An original and 10 copies of all Form: 637. Relative Values of Optional Forms of pleadings, referring to Docket No. FD Abstract: Form 637 is used to apply Benefit. 35573, must be filed with the Surface for excise tax registration. The Abstract: This document contains Transportation Board, 395 E Street SW., registration applies to a person required final regulations that consolidate the Washington, DC 20423–0001. In to be registered under IRC section 4101 content requirements applicable to addition, a copy of each pleading must for purposes of the federal excise tax on explanations of qualified joint and be served on Karl Morell, Ball Janik taxable fuel imposed by IRC 4041 and survivor annuities and qualified pre- LLP, 655 Fifteenth Street NW., Suite 4081; and to certain manufacturers or retirement survivor annuities payable 225, Washington, DC 20005. sellers and purchasers that must register under certain retirement plans, and Board decisions and notices are under IRC 4222 to be exempt from the specify requirements for disclosing the available on our Web site at ‘‘http:// excise tax on taxable articles. The data relative value of optional forms of www.stb.dot.gov.’’ is used to determine if the applicant benefit that are payable from certain Decided: December 12, 2011. qualifies for exemption. Taxable fuel retirement plans in lieu of a qualified producers are required by IRC 4101 to joint and survivor annuity. These By the Board, Rachel D. Campbell, Director, Office of Proceedings. register with the Service before regulations affect plan sponsors and incurring any tax liability.Affected administrators, and participants in and Raina S. White, Public: Private Sector: Businesses or beneficiaries of, certain retirement Clearance Clerk. other for-profits. plans. [FR Doc. 2011–32161 Filed 12–14–11; 8:45 am] Estimated Total Burden Hours: Affected Public: Private Sector: BILLING CODE 4915–01–P 27,020. Businesses or other for-profits. OMB Number: 1545–0094. Estimated Total Burden Hours: Type of Review: Extension without 385,000. DEPARTMENT OF THE TREASURY change of a currently approved OMB Number: 1545–1209. collection. Type of Review: Extension without Submission for OMB Review; Title: U.S. Information Return-Trust change of a currently approved Comment Request Accumulation of Charitable Amounts. collection. Form: 1041–A. Title: IA–83—90 (TD 8383 -Final) December 12, 2011. Abstract: Form 1041–A is used to Disclosure of Tax Return Information for The Department of the Treasury will report the information required in 26 Purposes of Quality or Peer Reviews; submit the following information USC 6034 concerning accumulation and Due to Incapacity or Death of Tax collection request to the Office of distribution of charitable amounts. The Return Preparer. Management and Budget (OMB) for data is used to verify that amounts for Abstract: These regulations govern the review and clearance in accordance which a charitable deduction was circumstances under which tax return with the Paperwork Reduction Act of allowed are used for charitable information may be disclosed for 1995, Public Law 104–13, on or after the purposes. purposes of conducting quality or peer date of publication of this notice. Affected Public: Private Sector: reviews, and disclosures that are Businesses or other for-profits. necessary because of the tax return DATES: Comments should be received on Estimated Total Burden Hours: or before January 17, 2012 to be assured preparer’s death or incapacity. 4,396,854. Affected Public: Private Sector: of consideration. OMB Number: 1545–0714. Businesses or other for-profits. ADDRESSES: Send comments regarding Type of Review: Extension without Estimated Total Burden Hours: the burden estimate, or any other aspect change of a currently approved 250,000. of the information collection, including collection. OMB Number: 1545–1275. suggestion for reducing the burden, to Title: Employers Annual Information Type of Review: Extension without (1) Office of Information and Regulatory Return of Tip Income and Allocated change of a currently approved Affairs, Office of Management and Tips (Form 8027); Transmittal of collection. Budget, Attention: Desk Officer for Employer’s Annual Information Return Title: TD 8529—Limitations on Treasury, New Executive Office of Tip Income and Allocated Tips (Form Corporate Net Operating Loss Building, Room 10235, Washington, DC _ 8027–T). Carryforwards (CO–45–91 Final). 20503, or email at OIRA Submission@ Forms: 8027, 8027–T. Abstract: Section 1.382–9(d)(2)(iii) OMB.EOP.GOV and (2) Treasury PRA Abstract: To help IRS in its and (d)(4)(iv) allow a loss corporation to Clearance Officer, 1750 Pennsylvania examination of returns filed by tipped rely on a statement by beneficial owners Ave. NW., Suite 11020, Washington, DC employees large food or beverage of indebtedness in determining whether 20220, or on-line at http://www. establishments are required to report the loss corporation qualifies under PRAComment.gov. annually information concerning food section 382(l)(1)(5). Section 1.382– FOR FURTHER INFORMATION CONTACT: or beverage operations receipts, tips, 9(d)(6)(ii) requires a loss corporation to Copies of the submission(s) may be reported by employees, and in certain file an election if it wants to apply the obtained by calling (202) 927–5331, cases, the employer must allocate tips to regulations retroactively, or revoke a email at [email protected], or the entire certain employees. prior section 382(l)(1)(6) election. information collection request maybe Affected Public: Private Sector: Affected Public: Private Sector: found at http://www.reginfo.gov. Businesses or other for-profits. Businesses or other for-profits.

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Estimated Total Burden Hours: 200. Title: Notice 2005–38—Section 965— DEPARTMENT OF THE TREASURY OMB Number: 1545–1421. Limitations on Dividends Received Type of Review: Extension without Deduction and Other Guidance. Office of Foreign Assets Control change of a currently approved Abstract: This document provides Unblocking of Specially Designated collection. guidance under new section 965, which Nationals and Blocked Persons Title: IA–62–93 (Final) Certain was enacted by the American Jobs Pursuant to Executive Order 12978 Elections Under the Omnibus Budget Creation Act of 2004 (Pub. L. 108–357). Reconciliation Act of 1993. In general, and subject to limitations AGENCY: Office of Foreign Assets Abstract: These regulations establish and conditions, section 965(a) provides Control, Treasury. various elections enacted by the that a corporation that is a U.S. ACTION: Notice. Omnibus Budget Reconciliation Act of shareholder of a controlled foreign 1993 (Act). The regulations provide SUMMARY: The U.S. Department of the corporation (CFC) may elect, for one guidance that enable taxpayers to take Treasury’s Office of Foreign Assets advantage of various benefits provided taxable year, an 85 percent dividends Control (‘‘OFAC’’) is publishing the by the Act and the Internal Revenue received deduction (DRD) with respect names of five individuals and one entity Code. to certain cash dividends it receives whose property and interests in Affected Public: Private Sector: from its CFCs. This document addresses property have been unblocked pursuant Businesses or other for-profits. limitations imposed on the maximum to Executive Order 12978 of October 21, Estimated Total Burden Hours: amount of section 965(a) DRD under 1995, ‘‘Blocking Assets and Prohibiting 202,500. section 965(b)(1) under which the Transactions With Significant Narcotics maximum amount of an eligible Traffickers’’. OMB Number: 1545–1519. dividends is the greatest of $500 Type of Review: Extension without DATES: The unblocking and removal million, or earnings permanently change of a currently approved from the list of Specially Designated collection. reinvested outside the United States), Nationals and Blocked Persons (‘‘SDN Title: Long-Term Care and section 965(b)(2) (regarding certain base- List’’) of the five individuals and one Accelerated Death Benefits. period repatriations), section 965(b)(3) entity identified in this notice whose Forms: 1099–LTC. (regarding certain increases in related property and interests in property were Abstract: Under the terms of IRC party indebtedness), and certain blocked pursuant to Executive Order sections 7702B and 101g, qualified long- miscellaneous limitations (related to the 12978 of October 21, 1995, is effective term care and accelerated death benefits foreign tax credit). on December 8, 2011. paid to chronically ill individuals are Affected Public: Private Sector: FOR FURTHER INFORMATION CONTACT: treated as amounts received for Businesses or other for-profits. Assistant Director, Sanctions expenses incurred for medical care. Compliance & Evaluation, Office of Estimated Total Burden Hours: Amounts received on a per diem basis Foreign Assets Control, U.S. Department 1,250,000. in excess of $175 per day are taxable. of the Treasury, Washington, DC 20220, Tel: (202) 622–2490. Section 6050Q requires all such OMB Number: 1545–2210. amounts to be reported. SUPPLEMENTARY INFORMATION: Type of Review: Extension without Affected Pubic: Private Sector: Electronic and Facsimile Availability Businesses or other for-profits. change of a currently approved Estimated Total Burden Hours: collection. This document and additional 18,181. Title: Notice 2011–47, Relief from information concerning OFAC are Certain Low-Income Housing Credit available from OFAC’s Web site OMB Number: 1545–1662. (http://www.treasury.gov/ofac) or via Type of Review: Extension without Requirements Due to Severe Storms, Tornadoes and Flooding in Missouri. facsimile through a 24-hour fax-on change of a currently approved demand service at (202) 622–0077. collection. Abstract: The Internal Revenue Title: REG–121063–97 (TD 8972— Service is suspending certain Background Final) Averaging of Farm Income. requirements under § 42 of the Internal On October 21, 1995, the President, Abstract: Code section 1301 allows an Revenue Code for low-income housing invoking the authority, inter alia, of the individual engaged in a farming credit projects in the United States to International Emergency Economic business to elect to reduce his or her provide emergency housing relief Powers Act (50 U.S.C. 1701–1706) regular tax liability by treating all or a needed as a result of the devastation (‘‘IEEPA’’), issued Executive Order portion of the current year’s farming caused by severe storms, tornadoes and 12978 (60 FR 54579, October 24, 1995) income as if it had been earned in equal flooding in Missouri beginning on April (the ‘‘Order’’). In the Order, the proportions over the prior three years. 19, 2011. President declared a national emergency The regulation provides that the to deal with the threat posed by Affected Public: Individuals and election for averaging farm income is significant foreign narcotics traffickers households. made by filing Schedule J of Form 1040, centered in Colombia and the harm that which is also used to record and total Estimated Total Burden Hours: 125. they cause in the United States and the amount of tax for each year of the Dawn D. Wolfgang, abroad. four year calculation. Section 1 of the Order blocks, with Affected Public: Private Sector: Treasury PRA Clearance Officer. certain exceptions, all property and Businesses or other for-profits. [FR Doc. 2011–32176 Filed 12–14–11; 8:45 am] interests in property that are in the Estimated Total Burden Hours: 1. BILLING CODE 4830–01–P United States, or that hereafter come OMB Number: 1545–1943. within the United States or that are or Type of Review: Extension without hereafter come within the possession or change of a currently approved control of United States persons, of: (1) collection. The foreign persons listed in an Annex

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to the Order; (2) any foreign person Entity FOR FURTHER INFORMATION CONTACT: determined by the Secretary of 1. OBURSATILES S.A. (a.k.a. Denise McLamb, Enterprise Records Treasury, in consultation with the OPERACIONES BURSATILES S.A. Service (005R1B), Department of Attorney General and the Secretary of COMISIONISTA DE BOLSA), Avenida Veterans Affairs, 810 Vermont Avenue State: (a) To play a significant role in 4N No. 4N–30, Cali, Colombia; Avenida NW., Washington, DC 20420, (202) 632– international narcotics trafficking 68 No. 75A–50 Local 230, Bogota, 7479, FAX (202) 273–0487 or email centered in Colombia; or (b) to Colombia; Calle 10 No. 4–40 of. 312, [email protected]. Please refer to materially assist in, or provide financial Cali, Colombia; Calle 19 No. 5–48 Local ‘‘OMB Control No. 2900–0085.’’ or technological support for or goods or 226, Pereira, Colombia; Carrera 7 No. SUPPLEMENTARY INFORMATION: services in support of, the narcotics 74–56 of. 909, Bogota, Colombia; Carrera Titles: trafficking activities of persons 15 No. 87–32, Bogota, Colombia; Carrera a. Appeal to Board of Veterans’ designated in or pursuant to the Order; 22 No. 18–65 Local 28, Manizales, Appeals, VA Form 9. and (3) persons determined by the Colombia; Carrera 28 No. 29–06 Local b. Withdrawal of Services by a Secretary of the Treasury, in 104, Palmira, Colombia; Carrera 49 No. Representative. consultation with the Attorney General 52–81 L–9923, Medellin, Colombia; c. Request for Changes in Hearing and the Secretary of State, to be owned Carrera 52 No. 72–65 Local 106, Date. or controlled by, or to act for or on Barranquilla, Colombia; Carrera 66B No. d. Motions for Reconsideration. behalf of, persons designated pursuant 34A–76 Local 227, Medellin, Colombia; OMB Control Number: 2900–0085. to the Order. Centro Comercial Cosmocentro Local Type of Review: Extension of a On December 8, 2011, the Director of 103, Cali, Colombia; Transversal 71D currently approved collection. OFAC removed from the SDN List the No. 26–94 Sur Local 3504, Bogota, Abstract: five individuals and one entity listed Colombia; NIT # 800012425–0 a. Appeal to Board of Veterans’ below, whose property and interests in (Colombia) [SDNT]. Appeals, VA Form 9, may be used by appellants to complete their appeal to property were blocked pursuant to the Dated: December 8, 2011. Order: the Board of Veterans’ Appeals (BVA) Adam J. Szubin, from a denial of VA benefits. The Individuals Director, Office of Foreign Assets Control. information is used by BVA to identify [FR Doc. 2011–32117 Filed 12–14–11; 8:45 am] the issues in dispute and prepare a 1. JIMENEZ, Isabel Cristina, c/o BILLING CODE 4810–AL–P decision responsive to the appellant’s INVERSIONES Y CONSTRUCCIONES contentions and the legal and factual ATLAS LTDA, Cali, Colombia; c/o issues raised. CONTACTEL COMUNICACIONES S.A., b. Withdrawal of Services by a Cali, Colombia; c/o DEPARTMENT OF VETERANS AFFAIRS Representative: When the appellant’s COMERCIALIZADORA INTERTEL S.A., representative withdraws from a case, Cali, Colombia; DOB 1 Jan 1973; Cedula [OMB Control No. 2900–0085] both the appellant and the BVA must be No. 66852533 (Colombia); Passport informed so that the appellant’s rights 66852533 (Colombia) (individual) Agency Information Collection (Appeal may be adequately protected and so that [SDNT]. to Board of Veterans’ Appeals) the BVA may meet its statutory 2. LOPEZ , Oscar Alberto, Activities Under OMB Review obligations to provide notice to the c/o FLEXOEMPAQUES LTDA., Cali, current representative. Colombia; Carrera 6A No. 11–43 501–2, AGENCY: Board of Veterans’ Appeals, c. Request for Changes in Hearing Cali, Colombia; c/o PLASTICOS Department of Veterans Affairs. Date: VA provides hearings to CONDOR LTDA., Cali, Colombia; c/o ACTION: Notice. appellants and their representatives, as MEGAPLAST S.A., Palmira, Valle, required by basic Constitutional due- SUMMARY: Colombia; DOB 30 Aug 1960; Cedula In compliance with the process and by Title 38 U.S.C. 7107(b). No. 10537943 (Colombia) (individual) Paperwork Reduction Act (PRA) of 1995 From time to time, hearing dates and/or [SDNT]. (44 U.S.C. 3501–3521), this notice times are changed, hearing requests announces that the Board of Veterans’ 3. MENDEZ DIAZ, Marlen, c/o withdrawn and new hearings requested Appeals (BVA), Department of Veterans after failure to appear at a scheduled COOPDISAN, Bucaramanga, Colombia; Affairs, will submit the collection of c/o DROGAS LA REBAJA hearing. The information is used to information abstracted below to the comply with the appellants’ or their BUCARAMANGA S.A., Bucaramanga, Office of Management and Budget Colombia; Cedula No. 37813841 representatives’ requests. (OMB) for review and comment. The d. Motions for Reconsideration: (Colombia); Passport 37813841 PRA submission describes the nature of (Colombia) (individual) [SDNT]. Decisions by BVA are final unless the the information collection and its Chairman orders reconsideration of the 4. SARMIENTO MARTINEZ, Diana, c/ expected cost and burden; it includes decision either on the Chairman’s o TAURA S.A., Cali, Colombia; Cedula the actual data collection instrument. initiative, or upon motion of a claimant. No. 65698369 (Colombia) (individual) DATES: Comments must be submitted on The Board Chairman, or his designee, [SDNT]. or before January 17, 2012. uses the information provided in 5. TRUJILLO CAICEDO, Francisco ADDRESSES: Submit written comments deciding whether reconsideration of a Javiar (a.k.a. ‘‘PACHO’’), Calle 13C No. on the collection of information through Board decision should be granted. 75–95 piso 2, Cali, Colombia; Calle 8 http://www.Regulations.gov or to VA’s An agency may not conduct or Oeste No. 24C–75 apt. 1501, Cali, OMB Desk Officer, OMB Human sponsor, and a person is not required to Colombia; c/o COLOR 89.5 FM Resources and Housing Branch, New respond to a collection of information STEREO, Cali, Colombia; Carrera 76A Executive Office Building, Room 10235, unless it displays a currently valid OMB No. 6–34 apt. 107, Cali, Colombia; DOB Washington, DC 20503 (202) 395–7316. control number. The Federal Register 23 Nov 1960; Cedula No. 16264395 Please refer to ‘‘OMB Control No. 2900– Notice with a 60-day comment period (Colombia) (individual) [SDNT]. 0085’’ in any correspondence. soliciting comments on this collection

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of information was published on Estimated Average Burden Per a. Appeal to Board of Veterans’ September 28, 2011, at pages 60135– Respondent: Appeals, VA Form 9—45,850. a. Appeal to Board of Veterans’ 60136. b. Withdrawal of Services by a Appeals, VA Form 9—1 hour. Affected Public: Individuals or Representative—550. households, Business or other for profit, b. Withdrawal of Services by a and Not for profit institutions. Representative—20 minutes. c. Request for Changes in Hearing Estimated Total Annual Burden: c. Request for Changes in Hearing Date—2,733. Date—15 minutes (hearing date change), a. Appeal to Board of Veterans’ d. Motions for Reconsideration—846. 15 minutes (request to withdraw a Appeals, VA Form 9—45,850 hours. hearing),—1 hour (requests change a Dated: December 9, 2011. b. Withdrawal of Services by a motion). By direction of the Secretary: Representative—183 hours. d. Motions for Reconsideration—1 Denise McLamb, c. Request for Changes in Hearing hour. Program Analyst, Enterprise Records Service. Date—1,212 hours. Frequency of Response: On occasion. [FR Doc. 2011–32122 Filed 12–14–11; 8:45 am] d. Motions for Reconsideration—846 Estimated Total Number of hours. Respondents: BILLING CODE 8320–01–P

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Part II

Federal Deposit Insurance Corporation

12 CFR Part 362 Permissible Investments for Federal and State Savings Associations: Corporate Debt Securities; Guidance on Due Diligence Requirements for Savings Associations in Determining Whether a Corporate Debt Security Is Eligible for Investment; Proposed Rules

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FEDERAL DEPOSIT INSURANCE the rear of the 550 17th Street Building or retaining a corporate debt security CORPORATION (located on F Street) on business days that is not of investment grade.3 Under between 7 a.m. and 5 p.m. 12 CFR 362.10(b), the term ‘‘corporate 12 CFR Part 362 Public Inspection: All comments debt securities that are not of RIN 3064–AD88 received must include the agency name investment grade’’ is defined, in a and RIN [3064–AD88] for this manner consistent with Section 28(d), Permissible Investments for Federal rulemaking. All comments received will as, ‘‘any corporate security that when and State Savings Associations: be posted without change to http:// acquired was not rated among the four Corporate Debt Securities www.fdic.gov/regulations/laws/federal/ highest rating categories by at least one propose.html, including any personal nationally recognized statistical rating AGENCY: Federal Deposit Insurance information provided. Paper copies of organization.’’ 4 Corporation (FDIC). public comments may be ordered from The FDIC currently may require a ACTION: Notice of proposed rulemaking. the FDIC Public Information Center, state savings association to take 3501 North Fairfax Drive, Room E–1002, corrective measures in the event a SUMMARY: The FDIC is seeking public Arlington, VA 22226 by telephone at comment to amend the FDIC’s corporate debt security experiences a 1 (877) 275–3342 or 1 (703) 562–2200. regulations in accordance with the downgrade (to non-investment grade requirements of Federal Deposit FOR FURTHER INFORMATION CONTACT: Kyle status) following acquisition. For Insurance Act (FDI Act). Specifically, to Hadley, Chief, Examination Support example, a savings association may be prohibit any insured savings association Section, (202) 898–6532, Division of required to reduce the level of non- from acquiring and retaining a corporate Risk Management Supervision; Eric investment grade corporate debt debt security unless it determines, prior Reither, Capital Markets Specialist, security investments as a percentage of to acquiring such security and (202) 898–3707, Division of Risk tier 1 or total capital, write-down the periodically thereafter, that the issuer Management Supervision; Mark value of the security to reflect an has adequate capacity to meet all Handzlik, Counsel, Bank Activities impairment, or divest the security. The financial commitments under the Section, (202) 898–3990; Michael FDIC addresses nonconforming security for the projected life of the Phillips, Counsel, Bank Activities investments on a case-by-case basis investment. For purposes of the Section, (202) 898–3581; or Rachel through the examination process, and in Proposed Rule, an issuer would satisfy Jones, Honors Attorney, Legal Division, view of the risk profile of the savings this requirement if, based on the (202) 898–6858. association and size and composition of assessment of the savings association, SUPPLEMENTARY INFORMATION: its investment portfolio. Section 939(a)(2) of the Dodd-Frank the issuer presents a low risk of default I. Background and is likely to make full and timely Act amends Section 28(d) by (a) repayment of principal and interest. As Under Section 28(d)(1) of the FDI Act, removing references to NRSRO credit proposed, this standard is consistent Federal and state savings associations ratings, including the investment-grade with alternative creditworthiness generally are prohibited from acquiring standard under paragraph (1) and the standards proposed by other Federal or retaining, either directly or through a definition of ‘‘investment grade’’ under agencies under the Dodd-Frank Act and financial subsidiary, a corporate debt paragraph (4); and (b) inserting in security that is not ‘‘of investment paragraph (1) a reference to ‘‘standards existing guidance regarding securities 1 investments and credit classifications of grade.’’ Section 28(d)(4) defines of creditworthiness established by the banks and savings associations. In investment grade as follows: ‘‘Any [FDIC]’’. Section 939(a) is effective on connection with this NPR, the FDIC is corporate debt security is not of July 21, 2012, and, therefore, as of this also seeking public comment on ‘investment grade’ unless that security, date federal and state savings proposed guidance, published when acquired by the savings associations will be permitted to invest elsewhere in today’s Federal Register, association or subsidiary, was rated in only in corporate debt securities that one of the four highest ratings categories satisfy creditworthiness standards that sets forth supervisory expectations 5 for savings associations conducting due by at least one nationally recognized established by the FDIC. statistical rating organization’’ (each, an diligence to determine whether a 2 II. Description of the Proposed Rule corporate debt security is eligible for ‘‘NRSRO’’). Consistent with the requirements of and Consistency With Other Federal investment under this proposed rule. Section 28(d), § 362.11(b)(1) of the Regulations DATES: Comments must be received by FDIC’s regulations generally prohibits a In accordance with the requirements February 13, 2012. state savings association from acquiring of Section 939(a), the Proposed Rule ADDRESSES: You may submit comments, would amend §§ 362.09, 362.10, and identified by RIN [3064–AD88], by any 1 Section 28(d)(1) of the FDI Act, 12 U.S.C. 362.11(b)(1) of the FDIC’s regulations. of the following methods: 1831e(d)(1). Regulations governing permissible Section 362.10 would be amended by • Agency Web Site: http:// investment activities for federal savings deleting the definition of corporate debt www.fdic.gov/regulations/laws/federal/ associations are found in 12 CFR part 160, and regulations governing permissible investment securities not of investment grade. propose.html. Follow instructions for activities for state savings associations are found in Section 362.11(b)(1) would be amended submitting comments on the Agency 12 CFR 390.260–262. by replacing the investment-grade Web site. 2 Id. Under Section 28(d)(2), the investment-grade standard, applicable to permissible • Email: [email protected]. Include requirement does not apply to a corporate debt security acquired or retained by a ‘‘qualified the RIN [3064–AD88] on the subject line 3 affiliate’’ of a savings association, defined as, (i) In 12 CFR 362.11(b). of the message. the case of a stock savings association, an affiliate 4 Id. at § 362.10(b). Under section 28(d)(4)(C) of • Mail: Robert E. Feldman, Executive other than a subsidiary or an insured depository the FDI Act, however, this term does not include Secretary, Attention: Comments, Federal institution; and (ii) in the case of a mutual savings any obligation issued or guaranteed by a Deposit Insurance Corporation, 550 17th association, a subsidiary other than an insured corporation that may be held by a federal savings association without limitation as a percentage of Street NW., Washington, DC 20429. depository institution, so long as all of the savings • association’s investments in and extensions of assets under section 5(c)(1)(D), (E), or (F) of the Hand Delivery: Comments may be credit to the subsidiary are deducted from the Home Owners Loan Act (‘‘HOLA’’). hand delivered to the guard station at capital of the savings association. 5 See section 939(g) of the Dodd-Frank Act.

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corporate debt securities investments of The FDIC is not revising its current require the savings association to a state savings association, with a supervisory practice with respect to demonstrate that the issuer satisfies requirement, applicable to federal and nonconforming corporate debt securities certain market-based measures, such as state savings associations, that prior to investments. That is, if a security credit spreads, market-implied risk, and acquiring a corporate debt security, and acquired in compliance with the measures of capital adequacy and periodically thereafter, the savings Proposed Rule experiences credit liquidity. association must determine that the impairment or other deterioration The Proposed Rule would require a issuer has adequate capacity to meet all following its acquisition, the savings association to determine that the financial commitments under the appropriate federal regulator may issuer has adequate capacity to satisfy security for the projected life of the require a state savings association to all financial commitments under the investment. For purposes of the take corrective measures on a case-by- security for the projected life of the Proposed Rule, an issuer would satisfy case basis. investment. The FDIC believes that the this requirement if the savings In addition to the revisions described proposed standard provides a flexible, association appropriately determines above, the Proposed Rule would make straightforward measure of that the obligor presents low default risk conforming, technical amendments to creditworthiness that is generally and is likely to make timely payments § 362.9 of the FDIC’s regulations to consistent with existing policy 7 and of principal and interest. The FDIC expand the scope of the rule to federal supervisory guidance for classifying notes that, in addition to the savings associations 6 and reflect the exposures as substandard, doubtful, or requirements of the Proposed Rule, any abolishment of the Office of Thrift loss.8 Although the alternatives present savings association investment in a Supervision under section 313 of the certain advantages, including the corporate debt security must be Dodd-Frank Act. potential for identical or similar conducted in a manner that is consistent In connection with this NPR, the FDIC creditworthiness assessments across with safety and soundness principles. is seeking public comment on proposed institutions, the FDIC believes the In determining whether an issuer has guidance, published elsewhere in Proposed Rule would foster prudent risk an adequate financial capacity to satisfy today’s Federal Register, that sets forth management; be transparent, replicable, all financial commitments under a supervisory expectations for due and well-defined; allow different security for the projected life of the diligence conducted by a savings savings associations to make a similar investment, the FDIC would expect association in determining whether a creditworthiness assessment with savings associations to consider a corporate debt security is eligible for respect to the same credit exposure; allow for supervisory review; number of factors commensurate with investment under this proposal. The differentiate among investments in the the risk profile and nature of the issuer. proposed guidance describes the factors same asset class with different credit Although savings associations would be savings associations should consider in risk; and provide for the timely and permitted to consider an external credit evaluating the creditworthiness of an accurate measurement of negative and assessment for purposes of such issuer and, in particular, determining positive changes in investment quality. determination, they must supplement whether the issuer has adequate In addition, as described below, the any external credit assessment with due capacity to satisfy all financial FDIC believes that the Proposed Rule is diligence processes and analyses that commitments under the security for the consistent with the requirements of are appropriate for the size and expected life of the investment. The section 939A (‘‘Section 939A’’) of the complexity of the investment. FDIC encourages commenters to review and comment on the proposed guidance Dodd-Frank Act, which requires the If promulgated in final form, the in connection with their review of the federal agencies, to the extent feasible, Proposed Rule would be effective on Proposed Rule. to establish uniform standards of July 21, 2012, in accordance with the creditworthiness. Section 939A also requirements of section 939(g) of the Consideration of Potential Alternative directs the agencies to consider the Dodd-Frank Act. The Proposed Rule Creditworthiness Standards differences among their regulated would not grandfather any corporate In developing the Proposed Rule, the entities and the purposes of which these debt securities acquired before the FDIC considered various alternatives to entities would rely on such standards. effective date and, therefore, federal and the proposed creditworthiness standard, Consistency With Other Federal state savings associations would be that is, that the issuer has adequate Regulations permitted to retain only those securities capacity to satisfy all financial for which the savings association commitments under the security for the As discussed above, in accordance determines that (as of the effective date expected life of the investment. One with the requirements of Section 939A, and periodically thereafter) the issuer option for assessing the the FDIC reviewed standards of has adequate capacity to satisfy all creditworthiness of a corporate debt creditworthiness proposed by other financial commitments under the security would be to differentiate the federal agencies to ensure, to the extent security for the expected life of the credit risk of the security based on feasible, that the FDIC adopts a investment. This proposed treatment for financial and economic measures consistent creditworthiness standard. previously acquired securities is appropriate to the issuer. For example, The FDIC reviewed proposed rules from consistent with the requirements of the FDIC could require the savings the Department of Treasury Section 28(d) and the Proposed Rule, association to demonstrate that the (‘‘Treasury’’), the Securities and which prohibit a savings association issuer satisfies certain metrics based on Exchange Commission (‘‘SEC’’), and the from acquiring or retaining any balance sheet or cash flow ratios such as Commodity Futures Trading corporate debt security that does not current assets to current liabilities, debt Commission (‘‘CFTC’’). satisfy the creditworthiness standard to equity, or some form of debt service described in this proposal. Accordingly, to cash flow ratio. Alternatively, for 7 See Supervisory Policy Statement on Investment savings associations will be required to Securities and End-User Derivatives (April 23, publicly traded issuers, the FDIC could 1998). periodically review and update the 8 See Uniform Agreement on the Classification of analysis required to make such 6 Currently, § 362.11(b) applies only to insured Assets and Appraisal of Securities Held by Banks determination. state savings associations. and Thrifts (June 15, 2004).

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On September 27, 2011, the Treasury 939A, the SEC proposed to define a the FDIC seeks comment on the specific issued a proposed rule that would security as fully collateralized if, in part, questions set forth below. implement Section 939A with respect to the collateral (1) Is issued by an issuer 1. Does the proposed creditworthiness its liquid capital rule, which prescribes that has the highest capacity to meet its standard for corporate debt securities the minimum capital requirements for financial obligations; and (2) is investments of federal and state savings registered government securities brokers sufficiently liquid that the securities can associations satisfy the following and dealers.9 Currently, if a government be sold at approximately their carrying criteria? securities broker or dealer invests in value in the ordinary course of business • Fosters prudent risk management; commercial paper, the investment could within seven calendar days. Similar to • Is transparent, replicable, and well qualify for a more favorable haircut if the FDIC’s proposal, the responsibility defined; the issuer is rated by at least two for making the creditworthiness • Allows different banks or savings NRSROs in one of the three highest determination is placed with the associations to assign the same or categories. As a substitute standard of regulated institution. However, in similar assessment of credit quality to creditworthiness, the Treasury is contrast to the FDIC’s Proposed Rule, the same or similar credit exposures; proposing that commercial paper with a the SEC proposed rules would require • Allows for supervisory review; ‘‘minimal amount of credit risk,’’ as that funds determine the issuer has the • Differentiates among investments in determined by the broker or dealer, highest capacity to meet its financial the same asset class with different credit receive the favorable haircut. Similarly, obligations.11 risk; and under the FDIC’s Proposed Rule, instead • On May 12, 2011, the CFTC published Provides for the timely and accurate of relying solely on an NRSRO credit a notice of proposed rulemaking to measurement of negative and positive rating, a savings association would be implement Section 939A with respect to changes in investment quality, to the required to determine the credit risk of regulations governing capital extent practicable? a corporate debt security by considering requirements for over-the-counter 2. Would the proposed various factors. Additionally, the 12 creditworthiness standard for corporate Treasury would require security brokers (‘‘OTC’’) derivatives. The new statutory framework provided under the debt securities investments of federal and dealers to establish and maintain and state savings associations avoid written policies and procedures on how Commodity Exchange Act, added by the Dodd-Frank Act, requires the CFTC to concerns regarding regulatory arbitrage they assess credit risk. The Treasury and oversimplified measures; dampen would not mandate any particular adopt capital requirements for certain swap dealers and major swap systemic risk; appropriately consider evaluation criteria, but would provide market complexities; identify recommendations. For example, the participants. The proposed regulation would require swap dealers and major appropriate time horizons; and, allow Treasury recommends considering the for accurate and timely reassessments? following factors: Credit spreads, swap participants to calculate current and potential future exposure to What changes could the FDIC make to liquidity, securities-related research, the Proposed Rule to more appropriately internal or external credit risk counterparties in determining their capital requirements. This exposure address these objectives? assessments (which includes rating 3. Does the proposed revised agencies), default statistics, inclusion on would be subject to a credit-risk factor of 50 percent regardless of the definition strike an appropriate balance an index, price and/or yield, and factors between the measurement of credit risk specific to the commercial paper market counterparty’s credit rating. The swap dealer or major swap participant would and the implementation burden in (e.g., general liquidity conditions). Also considering alternative measures of similar to the FDIC’s Proposed Rule, be able to apply to the CFTC for approval to assign internal ratings to creditworthiness? Are there other brokers and dealers would be required alternatives that strike a more to periodically review their counterparties. If the internal credit-risk management system of the swap dealer appropriate balance between these creditworthiness determination. The objectives? frequency of the review would depend or major swap participant is strong, the on the characteristics of the underlying CFTC may approve the application to V. Regulatory Analyses commercial paper instrument. use internal ratings. The swap dealer A. Paperwork Reduction Act (PRA) On March 9, 2011, the SEC published and major swap participants would a notice of proposed rulemaking to have to regularly update the internal No new collection of information implement Section 939A with respect to rating, similar to the FDIC’s Proposed pursuant to the PRA (44 U.S.C. 3501 et Rule 5b–3. SEC Rule 5b–3 permits funds Rule. seq.) is contained in this NPR. under the Investment Company Act to IV. Request for Comment B. Regulatory Flexibility Act Analysis treat certain repurchase agreements as an acquisition of the securities The FDIC seeks comment on all The Regulatory Flexibility Act (RFA) collateralizing the repurchase agreement aspects of this NPR and the proposed generally requires that, in connection instead of an interest in the creditworthiness standard for with a notice of proposed rulemaking, counterparty.10 A repurchase agreement permissible corporate debt securities an agency prepare and make available may qualify for the favorable treatment investments of federal and state savings for public comment an initial regulatory only if, in part, the underlying collateral associations. In addition, the FDIC flexibility analysis that describes the is comprised of securities that are rated strongly encourages commenters to impact of a proposed rule on small investment grade by at least two provide comment on the proposed entities (defined in regulations NRSROs at the time the repurchase guidance, published elsewhere in promulgated by the Small Business agreement is entered into. This today’s Federal Register, released in Administration to include banking provision ensures that the collateral can connection with this NPR. Specifically, organizations with total assets of less be easily liquidated in the event of than or equal to $175 million).13 default. In accordance with Section 11 As discussed previously in Section II, the However, a regulatory flexibility FDIC’s Proposed Rule only requires an adequate analysis is not required if the agency 9 76 FR 59592 (September 27, 2011). capacity to meet its financial commitments. 10 76 FR 12896 (March 9, 2011). 12 76 FR 27802 (May 12, 2011). 13 5 U.S.C. 601 et seq.

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certifies that the rule will not have a Other Investment Securities represents Authority: 12 U.S.C. 1816, 1818, 1819(a) significant economic impact on a only .45 percent of the total assets. And (Tenth), 1828(j), 1828(m), 1828a, 1831a, substantial number of small entities, only seven of these smaller thrifts have 1831e, 1831w, 1843(l). and publishes its certification and a concentrations in Other Investment 2. Amend § 362.9, by revising short explanatory statement in the Securities that exceeds 50 percent of paragraph (a) to read as follows: Federal Register together with the rule. their tier 1 capital. Due to the small For the reasons provided below, the investment in corporate debt securities § 362.9 Purpose and scope. FDIC certifies that the Proposed Rule, if on small savings associations’ balance (a) This subpart, along with the notice adopted in final form, would not have sheets and due to the existing need to and application procedures in subpart H a significant economic impact on a do due diligence relating to any of part 303 of this chapter, implements substantial number of small entities. investment in order to assure that a the provisions of section 28(a) of the Accordingly, a regulatory flexibility savings association is operating in a safe Federal Deposit Insurance Act (12 analysis is not required. and sound manner, the additional U.S.C. 1831e(a)) that restrict and As discussed in this NPR, Section compliance burden would not result in prohibit insured state savings 28(d) of the FDI Act, as amended by a significant economic impact on a associations and their service Section 939(a) of the Dodd-Frank Act, substantial number of small savings corporations from engaging in activities prohibits federal and state savings associations. associations from acquiring or retaining and investments of a type that are not a corporate debt security that does not Plain Language permissible for a Federal savings meet FDIC’s standards of Section 722 of the Gramm-Leach- association and their service creditworthiness. In accordance with Bliley Act required the agencies to use corporations. This subpart also the requirements of amended Section plain language in all proposed and final implements the provision of section 28(d), this NPR proposes that savings rules published after January 1, 2000. 28(d) of the Federal Deposit Insurance associations cannot invest in a corporate The agencies invite comment on how to Act (12 U.S.C. 1831e(d)) that restricts debt security unless the savings make this Proposed Rule easier to state and federal savings associations association determines that the issuer understand. For example: from investing in certain corporate debt has adequate capacity to meet all • Have the agencies organized the securities. The term ‘‘activity financial commitments under the material to suit your needs? If not, how permissible for a Federal savings security for the projected life of the could they present the rule more association’’ means any activity investment. Consequently, this clearly? authorized for a Federal savings Proposed Rule only impacts savings • Are the requirements in the rule association under any statute including associations that hold corporate debt clearly stated? If not, how could the rule the Home Owners’ Loan Act (HOLA) (12 security investments. be more clearly stated? U.S.C. 1464 et seq.), as well as activities In determining whether this Proposed • Do the regulations contain technical recognized as permissible for a Federal Rule would have a significant economic language or jargon that is not clear? If savings association in regulations issued impact on a substantial number of small so, which language requires by the Office of the Comptroller of the savings associations, the FDIC reviewed clarification? Currency (OCC) or in bulletins, orders • June 2011 Thrift Financial Report (TFR) Would a different format (grouping or written interpretations issued by the data to evaluate the number of savings and order of sections, use of headings, OCC, or by the former Office of Thrift associations with corporate debt paragraphing) make the regulation Supervision until modified, terminated, securities. There are 708 insured state easier to understand? If so, what set aside, or superseded by the OCC. changes would achieve that? * * * * * and federal savings associations. Of • these 708 insured savings associations, Is this section format adequate? If § 362.10 [Amended] 204 reported investments in the Other not, which of the sections should be changed and how? Investment Securities line of their • 3. Amend § 362.10 by removing TFR.14 Even assuming the entire What other changes can the paragraph (b) and redesignating amount listed in the Other Investment agencies incorporate to make the paragraphs (c), (d), and (e) as paragraphs Securities line of the TFR represents regulation easier to understand? (b), (c), and (d). investment in corporate debt securities, List of Subjects in 12 CFR Part 362 4. Amend § 362.11 by revising the Other Investment Securities represents Administrative practice and section heading and the last sentence of only 2.40 percent of the aggregate total procedure, Authority delegations paragraph (b)(1) to read as follows: assets of the 708 applicable savings (Government agencies), Bank deposit associations. § 362.11 Activities of insured savings insurance, Banks, banking, Investments, associations. Moreover, only savings associations Reporting and recordkeeping with total assets of $175 million or less requirements. * * * * * apply for purposes of the RFA analysis. (b) * * * When applying this additional size Authority and Issuance (1) * * * After July 21, 2012, an criterion, only 61 institutions list Other For the reasons stated in the Investment Securities in their TFR. For insured savings association directly or preamble, the Federal Deposit Insurance through a subsidiary (other than, in the these smaller savings institutions, the Corporation proposes to amend part 362 total amount listed as investment in case of a mutual savings association, a of chapter III of Title 12, Code of Federal subsidiary that is a qualified affiliate), Regulations as follows: 14 This line item is where the dollar exposure to shall not acquire or retain a corporate corporate debt securities, along with other forms of PART 362—ACTIVITIES OF INSURED debt security unless the savings investment, should be slotted according to the TFR STATE BANKS AND INSURED association, prior to acquiring the instructions. This line may also include security and periodically thereafter, investments in instruments other than corporate SAVINGS ASSOCIATIONS debt securities, this limited granularity does not determines that the issuer of the permit a precise understanding of the exposure to 1. The authority citation for part 362 security has adequate capacity to meet corporate debt securities. continues to read as follows: all financial commitments under the

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security for the projected life of the FOR FURTHER INFORMATION CONTACT: Kyle and periodically thereafter, that the investment. Hadley, Section Chief, Examination issuer has adequate capacity to satisfy * * * * * Support, (202) 898–6532, Division of all financial commitments under the Risk Management Supervision; Eric security for the projected life of the Dated at Washington, DC, this 7th day of Reither, Capital Markets Specialist, investment. For purposes of the December 2011. By order of the Board of Directors. (202) 898–3707, Division of Risk Proposed Rule, an issuer would satisfy Management Supervision; Mark this requirement if, based on the Federal Deposit Insurance Corporation. Handzlik, Counsel, Bank Activities assessment of the savings association, Robert E. Feldman, Section, (202) 898–3990; Michael the issuer presents a low risk of default Executive Secretary. Phillips, Counsel, Bank Activities and is likely to make full and timely [FR Doc. 2011–31883 Filed 12–13–11; 11:15 am] Section, (202) 898–3581; Rachel Jones, repayment of principal and interest. The BILLING CODE 6714–01–P Honors Attorney, Legal Division (202) FDIC does not expect the Proposed Rule 898–6858. to change the scope of permissible SUPPLEMENTARY INFORMATION: corporate debt securities investments for FEDERAL DEPOSIT INSURANCE insured savings associations. In CORPORATION Background accordance with the requirements of the Section 939(a) (‘‘Section 939(a)’’) of Dodd-Frank Act, if promulgated in final 12 CFR Part 362 the Dodd-Frank Wall Street Reform and form, the Proposed Rule would be Guidance on Due Diligence Consumer Protection Act (‘‘Dodd-Frank effective as of July 21, 2012. Act’’) amends section 28(d) (‘‘Section Requirements for Savings Proposed Guidance Associations in Determining Whether a 28(d)’’) of the Federal Deposit Insurance Act (‘‘FDI Act’’) to prohibit a savings The proposed guidance would Corporate Debt Security Is Eligible for provide supervisory expectations for Investment association from acquiring or retaining a corporate debt security that does not savings associations conducting due AGENCY: Federal Deposit Insurance satisfy creditworthiness standards diligence to determine whether a Corporation. established by the Federal Deposit corporate debt securities investment satisfies the creditworthiness ACTION: Proposed guidance with request Insurance Corporation (‘‘FDIC’’). requirements of the Proposed Rule—that for comment. Elsewhere in today’s Federal Register, the FDIC has published for public is, whether the issuer has adequate SUMMARY: The FDIC is seeking comment comment a proposed rule (‘‘Proposed capacity to satisfy all financial on proposed guidance that would assist Rule’’) to implement the requirements of commitments under the security for the savings associations in conducting due Section 939(a). Under the Proposed projected life of the investment. The diligence to determine whether a Rule, an insured savings association FDIC expects savings associations to corporate debt security is eligible for would be prohibited from acquiring or conduct appropriate ongoing reviews of investment under a proposed rule retaining a corporate debt security their corporate debt investment published elsewhere in this issue of the unless it determines, prior to acquiring portfolios to ensure that the Federal Register. the security and periodically thereafter, composition of the portfolio is that the issuer has adequate capacity to DATES: Comments must be received by consistent with safety and soundness February 13, 2012. satisfy all financial commitments under principles and appropriate for the risk the security for the projected life of the profile of the institution as well as the ADDRESSES: You may submit comments investment. size and complexity of the portfolio. by any of the following methods: Under Section 28(d) of the FDI Act, • Agency Web Site: http:// Federal and state savings associations Text of Proposed Guidance www.fdic.gov/regulations/laws/federal/ generally are prohibited from acquiring The text of the proposed supervisory propose.html. Follow instructions for or retaining, either directly or indirectly guidance regarding the FDIC’s submitting comments on the Agency through a subsidiary, a corporate debt expectations for insured savings Web Site. security that is rated below investment associations conducting due diligence to • Email: [email protected]. grade. Section 939(a) amends Section assess the credit risk of a corporate debt • Mail: Robert E. Feldman, Executive 28(d) by replacing the investment-grade security, in accordance with the Secretary, Attention: Comments, Federal standard with a requirement that any requirements of 12 CFR 362.11(b), Deposit Insurance Corporation, 550 17th corporate debt security investment by a follows. Street NW., Washington, DC 20429. savings association satisfy standards of Purpose • Hand Delivery: Comments may be creditworthiness established by the hand delivered to the guard station at FDIC. This amendment is effective for The Federal Deposit Insurance the rear of the 550 17th Street Building all savings associations two years after Corporation (‘‘FDIC’’) is issuing this (located on F Street) on business days the date of enactment of the Dodd-Frank guidance document (‘‘Guidance’’) to between 7 a.m. and 5 p.m. Act, or as of July 21, 2012. establish supervisory expectations for Public Inspection: All comments Elsewhere in today’s Federal Register, savings associations conducting due received must include the agency name. the FDIC is seeking comment on the diligence to determine whether a All comments received will be posted Proposed Rule to amend the FDIC’s corporate debt security is eligible for without change to http://www.fdic.gov/ regulations in accordance with the investment under 12 CFR part 362. regulations/laws/federal/propose.html, requirements of Section 28(d), as Section 362.11(b) of the FDIC’s including any personal information amended by Section 939(a). regulations implements Section 28(d) of provided. Paper copies of public Specifically, the Proposed Rule would the FDI Act (as amended by section comments may be ordered from the amend section 362.11(b) of the FDIC’s 939(a) of the Dodd-Frank Wall Street FDIC Public Information Center, 3501 regulations to prohibit an insured Reform and Consumer Protection Act), North Fairfax Drive, Room E–1002, savings association from acquiring or and prohibits an insured savings Arlington, VA 22226 by telephone at retaining a corporate debt security association from acquiring or retaining a 1–(877) 275–3342 or 1–(703) 562–2200. unless it determines, prior to acquisition corporate debt security unless it

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determines, prior to acquiring the a security. Such analysis would allow review and update this analysis security and periodically thereafter, that an institution to understand and periodically, as appropriate for size and the issuer has adequate capacity to effectively manage the risks within its risk profile of the security. By way of satisfy all financial commitments under investment portfolio, including credit example, appropriate factors a savings the security for the projected life of the risk, and is an essential element of a association should consider include, but investment. An issuer satisfies this sound investment portfolio risk should not be limited to, the following: requirement if, based on the assessment management framework. The Policy • Confirm spread to U.S. Treasuries is of the savings association, the issuer Statement is generally consistent with consistent with bonds of similar credit presents a low risk of default and is the agencies’ Uniform Agreement on the quality; likely to make full and timely Classification of Assets and Appraisal of • Confirm risk of default is low and repayment of principal and interest. The Securities Held by Banks and Thrifts, consistent with bonds of similar credit investment also must be consistent with which describes the importance of quality; safe and sound banking practices. management’s credit risk analysis and • Confirm capacity to pay through its use in examiner decisions internal credit analysis that can be Background concerning investment security risk supplemented with other third-party Part 362 of the FDIC’s regulations sets ratings and classifications.2 analytics; forth the requirements for determining • Understand applicable market Determining Whether Securities Are whether securities have appropriate demographics/economics; and Permissible Prior To Purchase credit quality and marketability • Understand current levels and characteristics to be purchased and held The FDIC expects savings associations trends in operating margins, operating by insured savings associations. Under to conduct an appropriate level of due efficiency, profitability, return on assets section 362.11(b), a savings association diligence in determining whether a and return on equity. corporate debt security is eligible for may acquire or retain a corporate debt Maintaining an Appropriate and investment under 12 CFR 362.11(b). security only if the issuer has adequate Effective Portfolio Risk Management This may include consideration of capacity to satisfy all financial Framework commitments under the security for the internal analyses, third-party research projected life of the investment. An and analytics including internal risk Savings associations should have in issuer satisfies this requirement if, based ratings, external credit ratings default place an appropriate risk management on the assessment of the savings statistics, and other sources of framework for the level of risk in their association, the issuer presents a low information appropriate for the corporate debt investment portfolios. risk of default and is likely to make full particular security. The depth of the due Failure to maintain an adequate and timely repayment of principal and diligence should be a function of the investment portfolio risk management process, which includes understanding interest. security’s credit quality, the complexity Savings associations must be able to of the issuer’s financial structure, and key portfolio risks, is considered an demonstrate that their investment the size of the investment. As an issuer’s unsafe and unsound practice. Savings securities meet applicable credit quality financial structure becomes more associations should conform to safe and standards. This Guidance sets forth complex, the more credit-related due sound banking practices and, similarly, criteria that savings associations should diligence an institution should perform, should consider appropriate investment even when the credit quality is portfolio risks in connection with the consider when conducting due 3 diligence to determine whether a perceived to be very high. Management acquisition of a corporate debt security. Having a strong and robust risk security is eligible for investment under should ensure they understand the management framework appropriate for part 362. security’s structure and how the The federal banking agencies have security will perform in various the level of risk of a savings maintained long-standing supervisory scenarios throughout the business cycle. association’s investment portfolio is guidance that banks and savings The FDIC expects savings associations particularly critical for managing associations implement a risk to consider a variety of factors relevant portfolio credit risk. A key role for management process to ensure that to the particular security when management in the oversight process is credit risk, including the credit risk of determining whether a security is a to translate the risk tolerance levels an investment portfolio, is effectively permissible and sound investment. The established by the board of directors identified, measured, monitored, and range and type of specific factors an into a set of internal operating policies controlled. The 1998 Interagency institution should consider will vary and procedures that govern the Supervisory Policy Statement on depending on the particular type and institution’s investment activities. Investment Securities and End-User nature of the security. As a general Specifically, investment policies should Derivatives Activities (Policy Statement) matter, a savings association will have provide credit risk concentration limits. provides risk management standards for a greater burden to support its Such limits may apply to concentrations the securities investment activities of determination if one factor is relating to a single or related issuer, a banks and savings associations.1 The contradicted by a finding under another geographical area, and obligations with Policy Statement emphasizes the factor. similar characteristics. Savings importance of an institution conducting Although part 362 does not provide associations with investment portfolios a thorough credit risk analysis before specific investment quality that lack diversification in one of the and periodically after the acquisition of requirements, savings associations aforementioned areas should enhance should conduct an appropriate level of their monitoring and reporting systems. 1 On April 23, 1998, the FDIC, together with the due diligence prior to purchasing a Safety and soundness principles Federal Reserve Board, National Credit Union corporate debt security to ensure that it warrant effective concentration risk Administration, Office of the Comptroller of the is eligible for investment under part management programs to ensure that Currency, and Office of Thrift Supervision, issued credit exposures do not reach an the ‘‘Supervisory Policy Statement on Investment 362. A savings association should Securities and End-User Derivatives Activities.’’ As excessive level. issued by the OTS, the Policy Statement applied to 2 See, FDIC Financial Institution Letter, 70–2004 both state and Federal savings associations. (June 15, 2004). 3 See supra footnote 1.

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Savings associations should identify periodically validated. Irrespective of 2. Should the guidance provide and measure the risks of their any contractual or other arrangements, differentiation based on the size and investments periodically after savings associations are responsible for scope of operations of a savings acquisition. Such analyses allow an understanding and managing the risks associations, specifically with respect to institution to understand and effectively of all of their investments. the factors a savings association should consider in conducting due diligence to manage the risks of its investment Request for Comment portfolio, including credit risk, and are determine the credit quality of a an essential element of a sound The FDIC requests comment on all corporate debt security? investment portfolio risk management aspects of this proposed guidance. By order of the Board of Directors. framework. Exposure to each type of Specifically, the FDIC is seeking Dated at Washington, DC, this 7th day of risk for each security should be commenters’ views on the following: December 2011. measured and aggregated with similar 1. Does the proposed guidance Federal Deposit Insurance Corporation. exposures on an institution-wide basis. sufficiently assist savings associations Robert E. Feldman, Risk measurement should be obtained in meeting their due diligence Executive Secretary. from sources independent of sellers or requirements? How could the guidance [FR Doc. 2011–31884 Filed 12–13–11; 11:15 am] counterparties and should be be improved? BILLING CODE 6714–01–P

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Reader Aids Federal Register Vol. 76, No. 241 Thursday, December 15, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 2 CFR 52...... 74630, 75771 Proposed Rules: Executive orders and proclamations 741–6000 421...... 76609 The United States Government Manual 741–6000 20...... 77431 3 CFR 30...... 77431 Other Services 32...... 76625 Electronic and on-line services (voice) 741–6020 Proclamations: 40...... 77431 Privacy Act Compilation 741–6064 8760...... 76021 50...... 76322, 77431 Public Laws Update Service (numbers, dates, etc.) 741–6043 8761...... 76023 70...... 77431 TTY for the deaf-and-hard-of-hearing 741–6086 8762...... 76025 72...... 77431 8763...... 76601 73...... 76327 8764...... 76871 ELECTRONIC RESEARCH Ch. II ...... 75798 8765...... 77363 Ch. III ...... 75798 World Wide Web 8766...... 77365 429...... 76328, 77914 Full text of the daily Federal Register, CFR and other publications Executive Orders: 430...... 76328 is located at: www.fdsys.gov. 13592...... 76603 431...... 77914 Federal Register information and research tools, including Public Administrative Orders: 900...... 77432 Inspection List, indexes, and links to GPO Access are located at: Memorandums: Ch. X...... 75798 www.ofr.gov. Memorandum of July 19, 2011 ...... 76869 12 CFR E-mail Memorandum of 225...... 74631 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is November 28, 912...... 74648 an open e-mail service that provides subscribers with a digital 2011 ...... 75423 997...... 74648 form of the Federal Register Table of Contents. The digital form 1780...... 74648 4 CFR of the Federal Register Table of Contents includes HTML and 1781...... 74648 PDF links to the full text of each document. 28...... 76873 1782...... 74648 1783...... 74648 To join or leave, go to http://listserv.access.gpo.gov and select 5 CFR 1784...... 74648 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 1785...... 74648 (or change settings); then follow the instructions. Ch. XXIII ...... 75798 1786...... 74648 PENS (Public Law Electronic Notification Service) is an e-mail 1787...... 74648 service that notifies subscribers of recently enacted laws. 7 CFR 1788...... 74648 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 761...... 75427 1789...... 74648 and select Join or leave the list (or change settings); then follow 763...... 75427 1790...... 74648 the instructions. 764...... 75427 1791...... 74648 3021...... 76609 1792...... 74648 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 1793...... 74648 respond to specific inquiries. 331...... 77914 1794...... 74648 Reference questions. Send questions and comments about the 400...... 75799 1795...... 74648 Federal Register system to: [email protected] 457...... 75805 1796...... 74648 The Federal Register staff cannot interpret specific documents or 1700...... 76905 1797...... 74648 regulations. 1798...... 74648 8 CFR 1799...... 74648 Reminders. Effective January 1, 2009, the Reminders, including 280...... 74625 Proposed Rules: Rules Going Into Effect and Comments Due Next Week, no longer 1280...... 74625 5...... 76905 appear in the Reader Aids section of the Federal Register. This 362...... 78086, 78090 information can be found online at http://www.regulations.gov. 9 CFR 380...... 77442 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 201...... 76874 Ch. X ...... 75825, 76628 longer appears in the Federal Register. This information can be 317...... 76890 found online at http://bookstore.gpo.gov/. 381...... 76890 13 CFR Proposed Rules: Proposed Rules: FEDERAL REGISTER PAGES AND DATE, DECEMBER 121...... 77914 107...... 76907 316...... 75809 121...... 74749 74625–75426...... 1 317...... 75809 125...... 74749 75427–75770...... 2 320...... 75809 300...... 76492 75771–76020...... 5 331...... 75809 301...... 76492 76021–76292...... 6 354...... 75809 302...... 76492 76293–76600...... 7 355...... 75809 303...... 76492 76601–76872...... 8 381...... 75809 304...... 76492 76873–77106...... 9 412...... 75809 305...... 76492 77107–77362...... 12 424...... 75809 306...... 76492 77363–77668...... 13 307...... 76492 77669–77894...... 14 10 CFR 308...... 76492 77895–78092...... 15 50...... 74630, 75771 310...... 76492

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311...... 76492 22 CFR 165...... 76640, 77175 65...... 76052, 77155 314...... 76492 22...... 76032 167...... 76927 67...... 76055, 76060 126...... 76035 334...... 75508 14 CFR 45 CFR 23...... 75736 Proposed Rules: 34 CFR 121...... 76097, 76100 156...... 77392 25...... 74649 99...... 75604 158...... 76574, 76596 27...... 74655 171...... 76103 29...... 74655, 75435 24 CFR 36 CFR 46 CFR 39 ...... 74665, 74667, 75442, 91...... 75954, 75994 7...... 77131 2...... 77712 75772, 76027, 76293, 77107, 576...... 75954 Proposed Rules: 8...... 76896 77108, 77367, 77369, 77371, 582...... 75994 1190...... 75844 24...... 77712 77375, 77376, 77378, 77380, 583...... 75994 1193...... 76640, 77738 30...... 77712 77382 Proposed Rules: 1194...... 76640, 77738 70...... 77712 71 ...... 75445, 75446, 75447, 90...... 77712 75448, 75449, 76891, 77383, 50...... 77162 37 CFR 55...... 77162 91...... 77712 77669, 77899 1...... 74700 126...... 77128 73...... 77386 58...... 77162 91...... 76917 381...... 74703 188...... 77712 91...... 76611 386...... 74703 506...... 74720 97...... 77111, 77113 576...... 76917 580...... 76917 Proposed Rules: 38 CFR 47 CFR 583...... 76917 35...... 74749 9...... 75458 0...... 74721 39 ...... 76066, 76068, 76330, 26 CFR Proposed Rules: 8...... 74721 77157, 77159, 77446, 77934, 9...... 77455 20...... 74721, 77415 77937 1 ...... 75774, 75781, 76895 17...... 75509 61...... 76623 71 ...... 76070, 77448, 77449, 31...... 77672 69...... 76623 77450, 77451, 77727 301...... 76037 39 CFR 101...... 74722 77...... 76333 Proposed Rules: 20...... 75786, 76619 91...... 77939 1 ...... 75829, 76633, 77454 Proposed Rules: 111 ...... 74704, 75461, 77133 121...... 77452, 77939 20...... 77747 27 CFR 501...... 77149 125...... 77939 73...... 76337 9 ...... 77677, 77684, 77696 Proposed Rules: 129...... 77939 48 CFR 135...... 77452, 77939 Proposed Rules: 121...... 77942 142...... 77452 9...... 75830 501...... 74753 52...... 76899 183...... 77453 19...... 75836 202...... 76318 40 CFR 204...... 76318 15 CFR 28 CFR 9...... 75794, 76300 205...... 76318 730...... 76892 50...... 76037 52 ...... 75464, 75467, 75795, 206...... 76318 732...... 77115 76046, 76048, 76302, 76620, 207...... 76318 734...... 76892 29 CFR 77150, 77701, 77903 209...... 76318 736...... 76892, 77115 102...... 77699 63...... 74708 211...... 76318 738...... 77115 1910...... 75782 70...... 77701 212...... 76318 740...... 77115 4022...... 77900 81 ...... 76048, 76302, 77903 213...... 76318 742...... 76892, 77115 4044...... 74699, 77900 82...... 77909 214...... 76318 744...... 76892 Proposed Rules: 93...... 75797 215...... 76318 745...... 76892 1910...... 75840 180 ...... 76304, 76309, 77703, 216...... 76318 746...... 77115 2520...... 76222 77709 217...... 76318 774...... 77115 2560...... 76235 261...... 74709 219...... 76318 801...... 76029 2571...... 76235 300 ...... 76048, 76314, 77388 225...... 76318 902...... 74670 721...... 75794, 76300 227...... 76318 922...... 77670 30 CFR Proposed Rules: 234...... 76318 Proposed Rules: 1206...... 76612 52 ...... 75845, 75849, 75857, 237...... 76318 740...... 76072 1210...... 76612 76112, 76115, 76646, 76673, 243...... 76318 742...... 76072, 76085 1218...... 76612 76929, 77178, 77182, 77739, 252...... 76318 770...... 76085 1220...... 76612 77742, 77950, 77952 Ch. II ...... 76318 774...... 76072, 76085 1227...... 76612 63...... 76260 422...... 74722 1228...... 76612 70...... 74755, 77742 Proposed Rules: 16 CFR 1243...... 76612 85...... 74854, 76932 215...... 75512 437...... 76816 Proposed Rules: 86...... 74854, 76932 252...... 75512 Proposed Rules: 904...... 76104 136...... 77742 422...... 74755 Ch. II ...... 75504 906...... 76109 152...... 76335 926...... 76111 180...... 76674 49 CFR 17 CFR Ch. XII...... 76634 261...... 76677 177...... 75470 1...... 77670 281...... 76684 269...... 77716 31 CFR Proposed Rules: 300 ...... 76118, 76336, 77457 383...... 75470 37...... 77728 538...... 76617 600...... 74854, 76932 384...... 75470 38...... 77728 390...... 75470 33 CFR 41 CFR 391...... 75470 19 CFR 100...... 77119 102-34...... 76622 392...... 75470 12...... 74690, 74691 110...... 76295 Proposed Rules: 575...... 74723 117 ...... 76297, 76298, 76299 60-741...... 77056 Proposed Rules: 21 CFR 155...... 76299 386...... 77458 558...... 76894 165 ...... 75450, 76044, 77121, 42 CFR 523...... 74854, 76932 1308...... 77330, 77895 77125, 77901 401...... 76542 531...... 74854, 76932 1314...... 74696 334...... 75453 533...... 74854, 76932 Proposed Rules: Proposed Rules: 44 CFR 536...... 74854, 76932 1140...... 76096 117 ...... 75505, 76634, 76637 64...... 74717 537...... 74854, 76932

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571...... 77183 635...... 75492, 76900 679 ...... 74670, 76902, 76903 223 ...... 77465, 77466, 77467 830...... 76686 640...... 75488 680...... 74670 224...... 77467 648...... 74724 622...... 74757 50 CFR Proposed Rules: 660...... 74725, 77415 17...... 75858, 76337 648...... 77200 622...... 75488 665...... 74747 679...... 77757

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The text of laws is not H.R. 394/P.L. 112–63 enacted public laws. To published in the Federal Federal Courts Jurisdiction subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered and Venue Clarification Act of listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2011 (Dec. 7, 2011; 125 Stat. publaws-l.html This is a continuing list of pamphlet) form from the 758) public bills from the current Superintendent of Documents, Last List December 5, 2011 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO’s Federal Digital System specific inquiries sent to this available online at http:// (FDsys) at http://www.gpo.gov/ address. www.archives.gov/federal- fdsys. Some laws may not yet PENS is a free electronic mail register/laws. be available. notification service of newly

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