Vol. 78 Tuesday, No. 43 March 5, 2013

Pages 14155–14428

OFFICE OF THE FEDERAL REGISTER

VerDate Mar 15 2010 19:02 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\05MRWS.LOC 05MRWS tkelley on DSK3SPTVN1PROD with WS.LOC II Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents FEDERAL REGISTER WORKSHOP currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT authenticates the Federal Register as the official serial publication FOR: Any person who uses the Federal Register and Code of established under the Federal Register Act. Under 44 U.S.C. 1507, Federal Regulations. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. WHO: Sponsored by the Office of the Federal Register. It is also available online at no charge at www.fdsys.gov, a service WHAT: Free public briefings (approximately 3 hours) to present: of the U.S. Government Printing Office. 1. The regulatory process, with a focus on the Federal The online edition of the Federal Register is issued under the Register system and the public’s role in the develop- authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions ment of regulations. (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each 2. The relationship between the Federal Register and day the Federal Register is published and includes both text and Code of Federal Regulations. graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. 3. The important elements of typical Federal Register doc- Government Printing Office. Phone 202-512-1800 or 866-512-1800 uments. (toll free). E-mail, [email protected]. 4. An introduction to the finding aids of the FR/CFR sys- The annual subscription price for the Federal Register paper tem. edition is $749 plus postage, or $808, plus postage, for a combined WHY: To provide the public with access to information nec- Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal essary to research Federal agency regulations which di- Register including the Federal Register Index and LSA is $165, rectly affect them. There will be no discussion of spe- plus postage. Six month subscriptions are available for one-half cific agency regulations. the annual rate. The prevailing postal rates will be applied to llllllllllllllllll orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, WHEN: Tuesday, March 12, 2013 is based on the number of pages: $11 for an issue containing 9 a.m.–12:30 p.m. less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues WHERE: Office of the Federal Register of the microfiche edition may be purchased for $3 per copy, Conference Room, Suite 700 including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO 800 North Capitol Street, NW. Deposit Account, VISA, MasterCard, American Express, or Washington, DC 20002 Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- RESERVATIONS: (202) 741–6008 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 77 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Mar 15 2010 19:02 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\05MRWS.LOC 05MRWS tkelley on DSK3SPTVN1PROD with WS.LOC III

Contents Federal Register Vol. 78, No. 43

Tuesday, March 5, 2013

Agricultural Marketing Service Employment and Training Administration PROPOSED RULES NOTICES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Amended Certifications Regarding Eligibility to Apply for Florida: Worker Adjustment Assistance: Revising Reporting Requirements and New Information Verizon Business Networks Services, Inc., Philadelphia, Collection, 14236–14238 PA, and Tampa, FL, 14359–14360 Verizon Business Networks Services, Inc., Tampa, FL, Agriculture Department and San Antonio, TX, 14359 See Agricultural Marketing Service Investigations Regarding Eligibility to Apply for Worker NOTICES Adjustment Assistance, 14360–14361 Agency Information Collection Activities; Proposals, Investigations to Terminate Certifications of Eligibility: Submissions, and Approvals, 14264–14266 U.S. Steel Tubular Products, McKeesport, PA, 14361

Air Force Department Energy Department NOTICES See Federal Energy Regulatory Commission Privacy Act; Systems of Records, 14288–14296 Environmental Protection Agency Centers for Disease Control and Prevention RULES NOTICES Fuels and Fuel Additives Regulations: Meetings: Renewable Fuel Pathways; Renewable Fuel Standard National Institute for Occupational Safety and Health Program, 14190–14217 Advisory Board on Radiation and Worker Health PROPOSED RULES Subcommittee; Dose Reconstruction Reviews, 14303– Community Right-to-Know Toxic Chemical Release 14304 Reporting; Denial of Petition: Acetonitrile, 14241–14245 NOTICES Coast Guard FY 2012 Service Contract Inventory; Availability, 14298– RULES 14299 Drawbridge Operations: Meetings: Gulf Intracoastal Waterway, LA, 14185 Science Advisory Board Chemical Assessment Advisory Safety Zones: Committee, 14299–14300 Change to Enforcement Period; Patapsco River, Northwest Proposed CERCLA Settlements: and Inner Harbors, Baltimore, MD, 14188–14190 White Drive Site in North Brunswick, Middlesex County, MODU KULLUK; Kiliuda Bay, Kodiak Island, AK to NJ, 14300 Captains Bay, Unalaska Island, AK, 14185–14188 NOTICES Executive Office of the President Meetings: See Presidential Documents Towing Safety Advisory Committee, 14314–14315 Farm Credit Administration Commerce Department NOTICES See International Trade Administration Meetings; Sunshine Act, 14300 See Minority Business Development Agency See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Defense Department Airworthiness Directives: See Air Force Department Airbus Airplanes, 14162–14164 See Navy Department Bombardier, Inc. Airplanes, 14158–14160 NOTICES Costruzioni Aeronautiche Tecnam srl Airplanes, 14164– Manual for Courts-Martial; Proposed Amendments, 14271– 14166 14272 Diamond Aircraft Industries GmbH Airplanes, 14160– Meetings: 14162 Task Force on the Care, Management, and Transition of Clarification of Flight, Duty, and Rest Requirements, Recovering Wounded, Ill, and Injured Armed Forces 14166–14179 Members, 14272–14273 Special Conditions: Privacy Act; System of Records, 14273–14274 Learjet Inc., Model LJ 200 1A10 Airplane; Use of Privacy Act; Systems of Records, 14274–14287 Automatic Power Reserve, an Automatic Takeoff Thrust Control System, for Go-Around Performance Education Department Credit, 14155–14158 NOTICES NOTICES Meetings: Meetings: President’s Board of Advisors on Historically Black Commercial Space Transportation Advisory Committee Colleges and Universities; Cancellation, 14297 Teleconference, 14401–14402

VerDate Mar<15>2010 19:21 Mar 04, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\05MRCN.SGM 05MRCN mstockstill on DSK4VPTVN1PROD with FEDREGCN IV Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Contents

Federal Emergency Management Agency Food and Drug Administration NOTICES NOTICES Chargeable Rates under National Flood Insurance Program Debarment Orders: for Non-Primary Residences, 14315–14316 Adrian Vela, 14304–14305 Emergency Declarations: Draft Guidance for Industry and Staff; Availability: Connecticut; Amendment No. 1, 14316 Types of Communication During the Review of Medical Final Flood Hazard Determinations, 14316–14318 Device Submissions, 14305–14306 Major Disaster and Related Determinations: Draft Guidance for Industry; Availability: Mississippi, 14318–14319 Studies to Evaluate the Safety of Residues of Veterinary Major Disaster Declarations: Drugs in Human Food; Genotoxicity Testing, 14306– Arkansas; Amendment No. 1, 14319–14320 14308 Mississippi; Amendment No. 2, 14320 Guidance for Industry; Availability: New Hampshire; Amendment No. 1, 14319 Studies to Evaluate the Safety of Residues of Veterinary Drugs in Human Food; General Approach to Federal Energy Regulatory Commission Establish a Microbiological Acceptable Daily Intake, NOTICES 14308–14309 Combined Filings, 14298 Improvement of Tracking and Tracing of Food; Establishment of Pilot Projects and Congressional Report, 14309–14311 Federal Financial Institutions Examination Council NOTICES Health and Human Services Department Meetings: See Centers for Disease Control and Prevention Appraisal Subcommittee, 14300–14301 See Food and Drug Administration See Health Resources and Services Administration Federal Motor Carrier Safety Administration See National Institutes of Health NOTICES NOTICES Agency Information Collection Activities; Proposals, Delegations of Authority, 14303 Submissions, and Approvals: Interest Rate on Overdue Debts, 14303 Driver Qualification Files, 14402–14403 Petitions for Determinations of Preemption: Health Resources and Services Administration Alabama Metal Coil Securement Act, 14403–14405 NOTICES Qualification of Drivers; Exemption Applications: Meetings: Diabetes Mellitus, 14406–14409 Advisory Commission on Childhood Vaccines, 14311 Vision, 14405–14406, 14410–14411 Statement of Organization, Functions and Delegations of Authority, 14311–14312

Federal Railroad Administration Homeland Security Department RULES See Coast Guard Control of Alcohol and Drug Use: See Federal Emergency Management Agency Addition of Post-Accident Toxicological Testing for Non- See U.S. Customs and Border Protection Controlled Substances, 14217–14225 Housing and Urban Development Department Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Changes in Bank Control: Submissions, and Approvals: Acquisitions of Shares of a Bank or Bank Holding Assisted Living Conversion Program and Emergency Company, 14301 Capital Repair Program, 14324–14325 Formations of, Acquisitions by, and Mergers of Bank Community Development Block Grant Recovery Program, Holding Companies, 14301–14302 14326–14328 Fair Housing Training Survey, 14321–14322 Federal Trade Commission FHA Insured Mortgage Loan Servicing Involving the Loss Mitigation Programs, 14325–14326 NOTICES Agency Information Collection Activities; Proposals, Housing Counseling Federal Advisory Committee Submissions, and Approvals, 14302–14303 Membership Application, 14320 Neighborhood Stabilization Program 2 Reporting, 14323 Public Housing Reform; Change in Admission and Financial Crimes Enforcement Network Occupancy Requirements, 14321 NOTICES Rent Schedule – Low Rent Housing, 14322–14323 Agency Information Collection Activities; Proposals, Single Family Premium Collection Subsystem—Upfront, Submissions, and Approvals: 14323–14324 Proposed Changes to the Report of Foreign Bank and Survey and Collection of Information from HUD Healthy Financial Accounts Report, 14415–14420 Housing Demonstration Grantees, 14328–14329 Allocations, Common Applications, Waivers, and Fish and Wildlife Service Alternative Requirements: PROPOSED RULES Grantees Receiving Community Development Block Grant Endangered and Threatened Species: Disaster Recovery Funds in Response to Hurricane Buena Vista Lake Shrew, Critical Habitat Designation, Sandy, 14329–14349 14245–14258 Single Family Loan Sales, 14350–14351

VerDate Mar<15>2010 19:21 Mar 04, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\05MRCN.SGM 05MRCN mstockstill on DSK4VPTVN1PROD with FEDREGCN Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Contents V

Interior Department Requests for Administrative Waivers of Coastwise Trade See Fish and Wildlife Service Laws: See Land Management Bureau Vessel LILYANNA, 14413–14414 See National Indian Gaming Commission Vessel LUCKY DUCK, 14413 See National Park Service NOTICES Minority Business Development Agency Allocation of Duty-Exemptions for Calendar Year 2013: PROPOSED RULES Watch Producers Located in the United States Virgin Determinations of Group Eligibility for MBDA Assistance, Islands, 14266 14238–14241 Meetings: Invasive Species Advisory Committee; Cancellation, National Indian Gaming Commission 14351 NOTICES Wildland Fire Executive Council; Renewal, 14351–14352 Approved Class III Tribal Gaming Ordinances, 14352–14355

Internal Revenue Service National Institutes of Health NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 14420–14422 Center for Scientific Review, 14313 National Institute of Allergy and Infectious Diseases, International Trade Administration 14312–14314 NOTICES National Institute of Diabetes and Digestive and Kidney Allocation of Duty-Exemptions for Calendar Year 2013: Diseases, 14312–14313 Watch Producers Located in the United States Virgin National Institute of Environmental Health Sciences, Islands, 14266 14312 Antidumping Duty Administrative Reviews; Results, National Institute of Mental Health, 14314 Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from National Oceanic and Atmospheric Administration Taiwan; Correction, 14266–14267 RULES Antidumping Duty New Shipper Reviews; Results, Fisheries of the Caribbean, Gulf of Mexico, and South Extensions, Amendments, etc.: Atlantic: Certain New Pneumatic Off-the-Road Tires from the Gulf of Mexico Reef Fish Fishery; 2013 Accountability People’s Republic of China, 14267–14269 Measure for Gulf of Mexico Commercial Gray Antidumping Duty Orders; Results, Extensions, Triggerfish, 14225–14226 Amendments, etc.: Fisheries of the Northeastern United States: Folding Gift Boxes from the People’s Republic of China, Atlantic Mackerel, Squid, and Butterfish Fisheries; 14269–14270 Framework Adjustment 7, 14230–14232 Settlement of North American Free Trade Agreement Northeast Multispecies Fishery; Sector Exemptions; Proceedings: Implementing Targeted Acadian Redfish Fishery for Stainless Steel Sheet and Strip in Coils from Mexico, Sector Vessels, 14226–14230 14270–14271 PROPOSED RULES Fisheries off West Coast States: International Trade Commission Pacific Coast Groundfish Fishery; 2013 Tribal Fishery for Pacific Whiting, 14259–14263 NOTICES NOTICES Investigations, Terminations, Modifications, Rulings, etc.: Requests for Nominations: Certain Compact Fluorescent Reflector Lamps, Products Monterey Bay National Marine Sanctuary Advisory Containing Same and Components Thereof, 14357– Council, 14271 14358 National Park Service Justice Department NOTICES NOTICES National Register of Historic Places: Consent Decrees under the Clean Air Act, 14358 Pending Nominations and Related Actions, 14355–14357 Proposed Consent Decrees under the Resource Conservation and Recovery Act, 14358–14359 National Science Foundation NOTICES Labor Department Meetings: See Employment and Training Administration Proposal Review, 14361

Land Management Bureau Navy Department NOTICES NOTICES Plats of Survey: Privacy Act; Systems of Records, 14296–14297 Oregon, Washington, 14352 Nuclear Regulatory Commission Maritime Administration NOTICES NOTICES Internal Restructuring and Indirect Transfers of Licenses; Designation of Adjacent Coastal States for Deepwater Port Approvals: License Applications; Proposed Policy Clarification, Luminant Generation Company LLC; Comanche Peak 14411–14413 Nuclear Power Plant, Units 1 and 2, 14361–14362

VerDate Mar<15>2010 19:21 Mar 04, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\05MRCN.SGM 05MRCN mstockstill on DSK4VPTVN1PROD with FEDREGCN VI Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Contents

License Renewal Applications: Transportation Department Tennessee Valley Authority, Sequoyah Nuclear Plant, See Federal Aviation Administration Units 1 and 2, 14362–14365 See Federal Motor Carrier Safety Administration Meetings; Sunshine Act, 14365 See Federal Railroad Administration See Maritime Administration Overseas Private Investment Corporation See Surface Transportation Board NOTICES Meetings; Sunshine Act, 14365–14366 Treasury Department Personnel Management Office See Financial Crimes Enforcement Network PROPOSED RULES See Internal Revenue Service Electronic Retirement Processing, 14233–14236 RULES Import Restrictions: Presidential Documents Certain Archaeological Material from Belize, 14183– ADMINISTRATIVE ORDERS 14185 Zimbabwe; Continuation of National Emergency (Notice of NOTICES March 1, 2013), 14425–14428 Fiscal Year 2012 Service Contract Inventory Analysis, 14415 Securities and Exchange Commission RULES U.S. Customs and Border Protection Adjustments to Civil Monetary Penalty Amounts, 14179– 14183 RULES NOTICES Import Restrictions: Applications: Certain Archaeological Material from Belize, 14183– Market Vectors ETF Trust, et al., 14367–14375 14185 Triangle Capital Corp., 14366–14367 Exemptions from Exchange Act, 14376–14377 U.S.–China Economic and Security Review Commission Meetings; Sunshine Act, 14377–14378 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Public Hearings, 14422–14423 C2 Options Exchange, Inc., 14392–14394 Chicago Board Options Exchange, Inc., 14386–14388, 14390–14392 EDGA Exchange, Inc., 14394–14400 Separate Parts In This Issue EDGX Exchange, Inc., 14380–14386 New York Stock Exchange LLC, 14378–14380 Part II NYSE MKT LLC, 14388–14390 Presidential Documents, 14425–14428 Suspension of Trading Orders: Southern USA Resources, Inc., 14400

State Department Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Meetings: phone numbers, online resources, finding aids, reminders, Shipping Coordinating Committee, 14400–14401 and notice of recently enacted public laws. Surface Transportation Board To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Abandonment Exemptions: listserv.access.gpo.gov and select Online mailing list Alabama Great Southern Railroad Co., Gadsden, AL, archives, FEDREGTOC-L, Join or leave the list (or change 14414–14415 settings); then follow the instructions.

VerDate Mar<15>2010 19:21 Mar 04, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\05MRCN.SGM 05MRCN mstockstill on DSK4VPTVN1PROD with FEDREGCN Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Notice of March 1, 2013 (see EO 13288 of 3/6/2003; EO 13391 of 11/22/ 2005; EO 13469 of 7/25/2008) ...... 14427 5 CFR Proposed Rules: 850...... 14233 7 CFR Proposed Rules: 905...... 14236 14 CFR 25...... 14155 39 (4 documents) ...... 14158, 14160, 14162, 14164 117...... 14166 121...... 14166 15 CFR Proposed Rules: 400...... 14238 17 CFR 201...... 14179 19 CFR 12...... 14183 33 CFR 117...... 14185 165 (2 documents) ...... 14185, 14188 40 CFR 80...... 14190 Proposed Rules: 372...... 14241 49 CFR 219...... 14217 50 CFR 622...... 14225 648 (2 documents) ...... 14226, 14230 Proposed Rules: 17...... 14245 660...... 14259

VerDate Mar 15 2010 19:23 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\05MRLS.LOC 05MRLS mstockstill on DSK4VPTVN1PROD with FEDREGLS 14155

Rules and Regulations Federal Register Vol. 78, No. 43

Tuesday, March 5, 2013

This section of the FEDERAL REGISTER Building Ground Floor, Washington, DC Comments Invited contains regulatory documents having general 20590–0001. applicability and legal effect, most of which • We invite interested people to take Hand Delivery or Courier: Take part in this rulemaking by sending are keyed to and codified in the Code of comments to Docket Operations in Federal Regulations, which is published under written comments, data, or views. The 50 titles pursuant to 44 U.S.C. 1510. Room W12–140 of the West Building most helpful comments reference a Ground Floor at 1200 New Jersey specific portion of the special The Code of Federal Regulations is sold by Avenue SE., Washington, DC, between 8 conditions, explain the reason for any the Superintendent of Documents. Prices of a.m. and 5 p.m., Monday through new books are listed in the first FEDERAL recommended change, and include Friday, except federal holidays. supporting data. REGISTER issue of each week. • Fax: Fax comments to Docket We will consider all comments we Operations at 202–493–2251. receive on or before the closing date for Privacy: The FAA will post all DEPARTMENT OF TRANSPORTATION comments. We may change these special comments it receives, without change, conditions based on the comments we Federal Aviation Administration to http://www.regulations.gov/, receive. including any personal information the 14 CFR Part 25 commenter provides. Using the search Background function of the docket Web site, anyone On February 9, 2009, Learjet Inc. [Docket No. FAA–2013–0154; Special can find and read the electronic form of Conditions No. 25–484–SC] applied for a type certificate for their all comments received into any FAA new Model LJ–200–1A10 airplane Special Conditions: Learjet Inc., Model docket, including the name of the (hereafter referred to as the ‘‘Model LJ– LJ–200–1A10 Airplane; Use of individual sending the comment (or 200’’). The Model LJ–200 is a business Automatic Power Reserve (APR), an signing the comment for an association, class aircraft powered by two high- Automatic Takeoff Thrust Control business, labor union, etc.). DOT’s bypass turbine engines with an System (ATTCS), for Go-Around complete Privacy Act Statement can be estimated maximum takeoff weight of Performance Credit found in the Federal Register published 35,550 pounds and an interior on April 11, 2000 (65 FR 19477–19478), configuration for up to 10 passengers. AGENCY: Federal Aviation as well as at The Model LJ–200 includes an Administration (FAA), DOT. http://DocketsInfo.dot.gov/. automatic takeoff thrust control system ACTION: Final special conditions; request Docket: Background documents or (ATTCS) described as an automatic for comments. comments received may be read at power reserve (APR) system. Learjet has http://www.regulations.gov/ at any time. SUMMARY: These special conditions are requested approval to use the APR as Follow the online instructions for issued for the Learjet Model LJ–200– the performance level in showing accessing the docket or go to the Docket 1A10 airplane. This airplane will have compliance with the approach climb Operations in Room W12–140 of the novel or unusual design features requirements of Title 14, Code of West Building Ground Floor at 1200 associated with utilizing go-around Federal Regulations (14 CFR) 25.121(d). New Jersey Avenue SE., Washington, performance credit when using an Part 25 appendix I limits the application DC, between 9 a.m. and 5 p.m., Monday automatic takeoff thrust control system. of performance credit for ATTCS to through Friday, except federal holidays. The applicable airworthiness takeoff only. Since the airworthiness regulations do not contain adequate or FOR FURTHER INFORMATION CONTACT: regulations do not contain appropriate appropriate safety standards for this Doug Bryant, FAA, Propulsion/ safety standards for approach climb design feature. These special conditions Mechanical Systems, ANM–112, performance using ATTCS, special contain the additional safety standards Transport Airplane Directorate, Aircraft conditions are required to ensure a level that the Administrator considers Certification Service, 1601 Lind Avenue of safety equivalent to that established necessary to establish a level of safety SW., Renton, Washington 98057–3356; in the regulations. telephone 425–227–2384; facsimile equivalent to that established by the Type Certification Basis existing airworthiness standards. 425–227–1320. DATES: The effective date of these SUPPLEMENTARY INFORMATION: The FAA Under the provisions of § 21.17, special conditions is February 13, 2013. has determined that notice of, and Learjet Inc. must show that the Model We must receive your comments by opportunity for prior public comment LJ–200 meets the applicable provisions April 19, 2013. on, these special conditions are of part 25, as amended by Amendments ADDRESSES: Send comments identified impracticable because these procedures 25–1 through 25–127 thereto, and part by docket number FAA–2013–0154 would significantly delay issuance of 26, as amended by Amendment 26–1 using any of the following methods: the design approval and thus delivery of through 26–2 thereto. • Federal eRegulations Portal: Go to the affected aircraft. In addition, the If the Administrator finds that the http://www.regulations.gov/ and follow substance of these special conditions applicable airworthiness regulations the online instructions for sending your has been subject to the public comment (i.e., 14 CFR part 25) do not contain comments electronically. process in several prior instances with adequate or appropriate safety standards • Mail: Send comments to Docket no substantive comments received. The for the Model LJ–200 because of a novel Operations, M–30, U.S. Department of FAA therefore finds that good cause or unusual design feature, special Transportation (DOT), 1200 New Jersey exists for making these special conditions are prescribed under the Avenue SE., Room W12–140, West conditions effective upon issuance. provisions of § 21.16.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14156 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Special conditions are initially The part 25 standards for ATTCS, at a later date for a change to the type applicable to the model for which they contained in § 25.904 and appendix I to certificate to include another model are issued. Should the type certificate part 25 specifically restrict performance incorporating the same novel or unusual for that model be amended later to credit for ATTCS to takeoff only. design feature, these special conditions include any other model that Expanding the scope of the standards to would apply to that model as well. incorporates the same or similar novel include other phases of flight, including Conclusion or unusual design feature, the special go-around, was considered at the time conditions would also apply to the other the standards were issued. However, This action affects only certain novel model under § 21.101. flightcrew workload issues in the event or unusual design features on one model In addition to the applicable of an engine failure during a critical of airplanes. It is not a rule of general airworthiness regulations and special point in the approach, landing, or go- applicability. conditions, the Model LJ–200 must around operations precluded further The substance of these special comply with the fuel vent and exhaust consideration. conditions has been subjected to the emission requirements of 14 CFR part The ATTCS incorporated on the notice and comment period in several 34 and the noise certification Model LJ–200 allows the pilot to use the prior instances and has been derived requirements of 14 CFR part 36, and the same power setting procedure during a without substantive change from those FAA must issue a finding of regulatory go-around regardless of whether or not previously issued. It is unlikely that adequacy under § 611 of Public Law 92– an engine fails. Since the ATTCS is prior public comment would result in a 574, the ‘‘Noise Control Act of 1972.’’ always armed, it will function significant change from the substance The FAA issues special conditions, as automatically following an engine contained herein. Therefore, the FAA defined in 14 CFR 11.19, in accordance failure and advance the remaining has determined that prior public notice with § 11.38, and they become part of engine to the APR power level. This and comment are unnecessary and satisfactorily addresses the flightcrew the type certification basis under impracticable, and good cause exists for workload issues that were a concern § 21.17(a)(2). adopting these special conditions upon when the ATTCS standards were issuance. The FAA is requesting Novel or Unusual Design Features originally promulgated. comments to allow interested persons to Since the airworthiness regulations do The Model LJ–200 will incorporate submit views that may not have been not contain appropriate safety standards submitted in response to the prior the following novel or unusual design to allow approach climb performance features: An automatic takeoff thrust opportunities for comment described credit for ATTCS, special conditions are above. control system (ATTCS) described as an required to ensure a level of safety automatic power reserve (APR) system equivalent to that established in the List of Subjects in 14 CFR Part 25 that is available at all times without any regulations. The definition of a critical Aircraft, Aviation safety, Reporting additional action from the pilot. This time interval for the approach climb and recordkeeping requirements. applies during takeoff and go-around case, during which time it must be The authority citation for these flight operations. The aircraft extremely improbable to violate a flight special conditions is as follows: performance data is based on the path based on the § 25.121(d) gradient availability of the uptrim power during Authority: 49 U.S.C. 106(g), 40113, 44701, requirement, is of primary importance. 44702, 44704. takeoff and approach climb. This results In the event of a simultaneous failure of in a novel or unusual design feature for an engine and the APR function, falling The Special Conditions which the applicable airworthiness below the minimum flight path defined Accordingly, pursuant to the regulations do not contain adequate or by the 2.5 degree approach, decision authority delegated to me by the appropriate safety standards. Therefore, height, and climb gradient required by Administrator, the following special special conditions are required that § 25.121(d) must be shown to be an conditions are issued as part of the type provide the level of safety equivalent to extremely improbable event during this certification basis for Learjet Model LJ– that established by the regulations. critical time interval. The § 25.121(d) 200–1A10 airplanes. Discussion gradient requirement implies a 1. General. An automatic takeoff minimum one-engine-inoperative flight thrust control system (ATTCS) is Learjet Inc. is proposing to use the path capability with the airplane in the defined as the entire automatic system, APR function of the Model LJ–200 approach configuration. The engine may including all devices, both mechanical during go-around and is requesting have been inoperative before initiating and electrical, that sense engine failure, approach climb performance credit for the go-around, or it may become transmit signals, actuate fuel controls or the use of the additional power inoperative during the go-around. The power levers, or increase engine power provided by the APR uptrim. The Model definition of the critical time interval by other means on operating engines to LJ–200 powerplant control system must consider both possibilities. achieve scheduled thrust or power comprises a full authority digital For approval to use the power increases and furnish flight deck electronic control (FADEC) for the Pratt provided by the ATTCS to determine information on system operation. & Whitney Canada Model PW307B the approach climb performance 2. ATTCS. The engine power control engine. The engine FADEC system limitations, the Model LJ–200 must system that automatically resets the includes the APR feature. The comply with the requirements of power or thrust on the operating engine configuration provides for APR § 25.904 and appendix I to part 25, (following engine failure during the activation during go-around. including the following special approach for landing) must comply with The APR system is available at all conditions pertaining to the go-around the following requirements stated in times without any additional action phase of flight. paragraphs 2a, 2b, and 2c: from the pilot. This applies during a. Performance and System Reliability takeoff and go-around flight operations. Applicability Requirements. The probability analysis The aircraft performance data is based As discussed above, these special must include consideration of ATTCS on the availability of the uptrim power conditions are applicable to the Model failure occurring after the time at which during takeoff and approach climb. LJ–200–1A10. Should Learjet Inc. apply the flightcrew last verifies that the

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14157

ATTCS is in a condition to operate until (1) Apply thrust or power on the (2) The critical time interval ends at the beginning of the critical time operating engine(s), following any one point D on a minimum performance, all- interval. engine failure during takeoff or go- engines-operating go-around flight path b. Thrust or Power Setting. around, to achieve the maximum from which, assuming a simultaneous (1) The initial thrust or power setting approved takeoff thrust or power engine and ATTCS failure, the resulting on each engine at the beginning of the without exceeding engine operating minimum approach climb flight path takeoff roll or go-around may not be less limits; and intersects the flight path (point E) than any of the following: (2) Provide a means to verify to the corresponding to the 14 CFR part 25 (i) That required to permit normal flightcrew before takeoff and before minimum one-engine-inoperative operation of all safety-related systems beginning an approach for landing that approach climb gradient represented in and equipment dependent upon engine the ATTCS is in a condition to operate. figure 1 as the engine failed, ATTCS thrust or power lever position; or 3. Critical Time Interval. (Refer to operating flight path. (ii) That shown to be free of figure 1 and figure 2 below.) The The all-engines-operating go-around hazardous engine response definition of the critical time interval in flight path and the 14 CFR part 25 one- characteristics and not to result in any part 25 appendix I25.2(b) shall be engine-inoperative approach climb unsafe aircraft operating or handling expanded to include the following: gradient flight path (engine failed, a. When conducting an approach for characteristics when thrust or power is ATTCS operating flight path in figure 1) landing using ATTCS, the critical time increased from the initial takeoff or go- originate from a common point, point C, interval is defined as follows: around thrust or power to the maximum on a 2.5 degree approach path. The (1) The critical time interval begins at approved takeoff thrust or power. period of time, time interval DE, from (2) For approval of an ATTCS system point A on a 2.5 degree approach glide the point of simultaneous engine and for go-around, the thrust or power path. (Point A is the point on that glide ATTCS failure, point D, to the setting procedure for the operating path from which, assuming a intersection of these flight paths, point engine(s) must be the same for go- simultaneous engine and ATTCS E, must be no shorter than the arounds initiated with all engines failure, the resulting approach climb corresponding time in figure 2, I25.2(b) operating as for go-arounds initiated flight path intersects, at point B, a flight interval FG. with one-engine-inoperative. path originating at a later point on the c. Powerplant Controls. In addition to same approach path corresponding to b. The critical time interval must be the requirements of § 25.1141, no single the part 25 one-engine-inoperative determined at the altitude resulting in failure or malfunction, or probable approach climb gradient.) The period of the longest critical time interval for combination thereof, of the ATTCS, time, time interval AB, must be no which one-engine-inoperative approach including associated systems, may cause shorter than the time in figure 2, I25.2(b) climb performance data are presented in the failure of any powerplant function time interval FG. Figure 2 is reproduced the airplane flight manual. necessary for safety. The ATTCS must from appendix I and includes a change c. The critical time interval is be designed to: that identifies the time interval FG. illustrated in figure 1.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4725 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES ER05MR13.012 14158 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Note: Figure 2 is included for reference and DEPARTMENT OF TRANSPORTATION prevent loss of the fixed frequency clarity to show time interval FG. It has not system, which could lead to loss of a been included in previous special conditions Federal Aviation Administration number of the pilot’s and co-pilot’s on the same subject and does not include any flight instruments, in addition to other new requirements. It does not change the 14 CFR Part 39 avionics systems. meaning or intent of the special conditions. [Docket No. FAA–2012–0861; Directorate DATES: This AD becomes effective April Issued in Renton, Washington, on February Identifier 2012–NM–074–AD; Amendment 9, 2013. 39–17364; AD 2013–04–07] 13, 2013. The Director of the Federal Register Ali Bahrami, RIN 2120–AA64 approved the incorporation by reference of certain publications listed in this AD Manager, Transport Airplane Directorate, Airworthiness Directives; Bombardier, Aircraft Certification Service. as of April 9, 2013. Inc. Airplanes [FR Doc. 2013–05006 Filed 3–4–13; 8:45 am] ADDRESSES: You may examine the AD BILLING CODE 4910–13–P AGENCY: Federal Aviation docket on the Internet at http:// Administration (FAA), Department of www.regulations.gov or in person at the Transportation (DOT). U.S. Department of Transportation, ACTION: Final rule. Docket Operations, M–30, West Building Ground Floor, Room W12–140, SUMMARY: We are adopting a new 1200 New Jersey Avenue SE., airworthiness directive (AD) for certain Washington, DC. Bombardier, Inc. Model DHC–8–102, –103, –106, –201, –202, –301, –311, and FOR FURTHER INFORMATION CONTACT: –315 airplanes. This AD was prompted Assata Dessaline, Aerospace Engineer, by reports of the loss of the fixed Avionics and Flight Test Branch, ANE– frequency system, leading to the loss of 172, FAA, New York Aircraft power to the left and right buses and all Certification Office, 1600 Stewart systems serviced by these buses. This Avenue, Suite 410, Westbury, New York AD requires modification of the wiring 11590; telephone (516) 228–7301; fax and changes to existing airworthiness (516) 794–5531. limitations. We are issuing this AD to SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES ER05MR13.013 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14159

Discussion Costs of Compliance and 5 p.m., Monday through Friday, except Federal holidays. The AD docket We issued a notice of proposed We estimate that this AD will affect 94 products of U.S. registry. We also contains the NPRM (77 FR 51946, rulemaking (NPRM) to amend 14 CFR August 28, 2012), the regulatory part 39 to include an AD that would estimate that it will take about 9 work- hours per product to comply with the evaluation, any comments received, and apply to the specified products. That other information. The street address for NPRM was published in the Federal basic requirements of this AD. The average labor rate is $85 per work-hour. the Docket Operations office (telephone Register on August 28, 2012 (77 FR (800) 647–5527) is in the ADDRESSES 51946). That NPRM proposed to correct Based on these figures, we estimate the cost of this AD to the U.S. operators to section. Comments will be available in an unsafe condition for the specified the AD docket shortly after receipt. products. The Mandatory Continuing be $71,910, or $765 per product. Airworthiness Information (MCAI) Authority for This Rulemaking List of Subjects in 14 CFR Part 39 states: Title 49 of the United States Code Air transportation, Aircraft, Aviation There have been several reported specifies the FAA’s authority to issue safety, Incorporation by reference, occurrences of the loss of the 400Hz [hertz] rules on aviation safety. Subtitle I, Safety. Fixed Frequency System, leading to the loss section 106, describes the authority of of power to the Left 115VAC [alternating Adoption of the Amendment the FAA Administrator. ‘‘Subtitle VII: current] bus, the Right 115VAC bus, the Left Accordingly, under the authority Aviation Programs,’’ describes in more 26VAC bus, the Right 26VAC bus and all delegated to me by the Administrator, detail the scope of the Agency’s systems serviced by these four electrical the FAA amends 14 CFR part 39 as authority. buses. The loss of the 400Hz Fixed follows: Frequency System has been attributed to a We are issuing this rulemaking under failure of one or two static inverters, which the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS resulted in the loss of the remaining Part A, Subpart III, Section 44701: DIRECTIVES inverters. The loss of systems serviced by the General requirements.’’ Under that four fixed frequency electrical buses creates section, Congress charges the FAA with ■ 1. The authority citation for part 39 an unsafe condition due to the loss of a promoting safe flight of civil aircraft in number of the pilot’s and co-pilot’s flight continues to read as follows: instruments, in addition to the other avionics air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. systems. for practices, methods, and procedures This [Canadian] Airworthiness Directive the Administrator finds necessary for § 39.13 [Amended] (AD) mandates the wiring modification to safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding untie the 400Hz inverters and additional is within the scope of that authority the following new AD: Airworthiness Limitation tasks introduced as because it addresses an unsafe condition a result of this modification. that is likely to exist or develop on 2013–04–07 Bombardier, Inc.: Amendment products identified in this rulemaking 39–17364. Docket No. FAA–2012–0861; You may obtain further information by Directorate Identifier 2012–NM–074–AD. action. examining the MCAI in the AD docket. (a) Effective Date Regulatory Findings Comments This airworthiness directive (AD) becomes We determined that this AD will not effective April 9, 2013. We gave the public the opportunity to have federalism implications under participate in developing this AD. We Executive Order 13132. This AD will (b) Affected ADs have considered the comment received. not have a substantial direct effect on None. Request To Add Airplanes to the the States, on the relationship between (c) Applicability Applicability the national government and the States, (1) This AD applies to Bombardier, Inc. or on the distribution of power and Model DHC–8–102, –103, –106, –201, –202, All Nippon Airways (ANA) requested responsibilities among the various –301, –311, and –315 airplanes, certificated that Bombardier, Inc. Model DHC–8– levels of government. in any category, serial numbers 002 through 314 airplanes be added to the For the reasons discussed above, I 672 inclusive. applicability of the NPRM (77 FR 51946, certify that this AD: (2) This AD requires revisions to certain August 28, 2012). ANA stated that 1. Is not a ‘‘significant regulatory operator maintenance documents to include Bombardier Service Bulletin 8–24–87, action’’ under Executive Order 12866; new actions (e.g., inspections). Compliance dated May 26, 2011, included Model 2. Is not a ‘‘significant rule’’ under the with these inspections is required by 14 CFR DOT Regulatory Policies and Procedures 91.403(c). For airplanes that have been DHC–8–314 airplanes in its effectivity, previously modified, altered, or repaired in while Bombardier Service Bulletin 8– (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in the areas addressed by these actions, the 24–87, Revision A, dated October 5, operator may not be able to accomplish the 2011, excluded it. Alaska; and actions described in the revisions. In this 4. Will not have a significant We disagree with ANA’s request. situation, to comply with 14 CFR 91.403(c), economic impact, positive or negative, the operator must request approval for an Bombardier, Inc. Model DHC–8–314 on a substantial number of small entities airplanes are not on the U.S. type alternative method of compliance according under the criteria of the Regulatory to paragraph (k)(1) of this AD. The request certificate data sheet; therefore, no Flexibility Act. should include a description of changes to change is necessary. We have not We prepared a regulatory evaluation the required inspections that will ensure the changed this final rule in this regard. of the estimated costs to comply with continued operational safety of the airplane. Conclusion this AD and placed it in the AD docket. (d) Subject We reviewed the available data, Examining the AD Docket Air Transport Association (ATA) of America Code 24, Electrical Power. including the comment received, and You may examine the AD docket on determined that air safety and the the Internet at http:// (e) Reason public interest require adopting the AD www.regulations.gov; or in person at the This AD was prompted by reports of the as proposed. Docket Operations office between 9 a.m. loss of the fixed frequency system, leading to

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14160 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

the loss of power to the left and right buses 2011; or Bombardier Service Bulletin 8–24– (i) Bombardier Service Bulletin 8–24–87, and all systems serviced by these buses. We 87, Revision A, dated October 5, 2011; which Revision B, dated April 3, 2012. are issuing this AD to prevent loss of the are not incorporated by reference in this AD. (ii) de Havilland Dash 8 Series 100 fixed frequency system, which could lead to Temporary Revision AWL–117, dated April (k) Other FAA AD Provisions loss of a number of the pilot’s and co-pilot’s 8, 2011, to Section AWL2—Systems flight instruments, in addition to other The following provisions also apply to this Maintenance, of Part 2, Airworthiness avionics systems. AD: Limitations, of the Bombardier Dash 8 Series (1) Alternative Methods of Compliance 100 Maintenance Program Manual, PSM 1–8– (f) Compliance (AMOCs): The Manager, New York Aircraft 7. You are responsible for having the actions Certification Office (ACO), ANE–170, FAA, (iii) de Havilland Dash 8 Series 200 required by this AD performed within the has the authority to approve AMOCs for this Temporary Revision AWL 2–48, dated April compliance times specified, unless the AD, if requested using the procedures found 8, 2011, to Section AWL2—Systems actions have already been done. in 14 CFR 39.19. In accordance with 14 CFR Maintenance, of Part 2, Airworthiness 39.19, send your request to your principal Limitations, of the Bombardier Dash 8 Series (g) Wiring Modifications inspector or local Flight Standards District 200 Maintenance Program Manual, PSM 1– Within 6,000 flight hours or 36 months Office, as appropriate. If sending information 82–7. after the effective date of this AD, whichever directly to the ACO, send it to ATTN: (iv) de Havilland Dash 8 Series 300 occurs first: Incorporate the wiring Program Manager, Continuing Operational Temporary Revision AWL 3–118, dated April modifications specified in, and in accordance Safety, FAA, New York ACO, 1600 Stewart 8, 2011, to Section AWL2—Systems with, the Accomplishment Instructions of Avenue, Suite 410, Westbury, New York Maintenance, of Part 2, Airworthiness Bombardier Service Bulletin 8–24–87, 11590; telephone 516–228–7300; fax 516– Limitations, of the Bombardier Dash 8 Series Revision B, dated April 3, 2012. 794–5531. Before using any approved AMOC, 300 Maintenance Program Manual, PSM 1– notify your appropriate principal inspector, (h) Airplane Maintenance Program Revision 83–7. or lacking a principal inspector, the manager (3) For service information identified in Within 30 days after the effective date of of the local flight standards district office/ this AD, contact Bombardier, Inc., Q-Series this AD: Revise the airplane maintenance certificate holding district office. The AMOC Technical Help Desk, 123 Garratt Boulevard, program by incorporating Task 2420/13, approval letter must specifically reference Toronto, Ontario M3K 1Y5, Canada; Operational Check of Relays K4, K5, K6, and this AD. telephone 416–375–4000; fax 416–375–4539; K7 (Post Modsum 8Q101917), in the (2) Airworthy Product: For any requirement email [email protected]; applicable temporary revision specified in in this AD to obtain corrective actions from Internet http://www.bombardier.com. paragraph (h)(1), (h)(2), or (h)(3) of this AD. a manufacturer or other source, use these (4) You may review copies of the service The initial compliance time for Task 2420/13 actions if they are FAA-approved. Corrective information at the FAA, Transport Airplane is within 18,000 flight hours after actions are considered FAA-approved if they Directorate, 1601 Lind Avenue SW., Renton, accomplishing the actions specified in are approved by the State of Design Authority WA. For information on the availability of paragraph (g) of this AD, or 30 days after the (or their delegated agent). You are required this material at the FAA, call 425–227–1221. effective date of this AD, whichever occurs to assure the product is airworthy before it (5) You may view this service information later. is returned to service. that is incorporated by reference at the (1) For Model DHC–8–102, –103, and –106 (l) Related Information National Archives and Records airplanes: de Havilland Dash 8 Series 100 Administration (NARA). For information on Temporary Revision AWL–117, dated April Refer to MCAI Canadian Airworthiness the availability of this material at NARA, call 8, 2011, to Section AWL2—Systems Directive CF–2012–09, dated February 15, 202–741–6030, or go to: http:// Maintenance, of Part 2, Airworthiness 2012, and the service information specified www.archives.gov/federal-register/cfr/ibr- Limitations, of the Bombardier Dash 8 Series in paragraphs (l)(1) through (l)(4) of this AD, locations.html. 100 Maintenance Program Manual, PSM 1–8– for related information. 7. (1) Bombardier Service Bulletin 8–24–87, Issued in Renton, Washington, on February (2) For Model DHC–8–201 and –202 Revision B, dated April 3, 2012. 11, 2013. airplanes: de Havilland Dash 8 Series 200 (2) de Havilland Dash 8 Series 100 Ali Bahrami, Temporary Revision AWL 2–48, dated April Temporary Revision AWL–117, dated April Manager, Transport Airplane Directorate, 8, 2011, to Section AWL2—Systems 8, 2011, to Section AWL2—Systems Aircraft Certification Service. Maintenance, of Part 2, Airworthiness Maintenance, of Part 2, Airworthiness [FR Doc. 2013–04006 Filed 3–4–13; 8:45 am] Limitations, of the Bombardier Dash 8 Series Limitations, of the Bombardier Dash 8 Series 200 Maintenance Program Manual, PSM 1– 100 Maintenance Program Manual, PSM 1–8– BILLING CODE 4910–13–P 82–7. 7. (3) For Model DHC–8–301, –311, and –315 (3) de Havilland Dash 8 Series 200 airplanes: de Havilland Dash 8 Series 300 Temporary Revision AWL 2–48, dated April DEPARTMENT OF TRANSPORTATION Temporary Revision AWL 3–118, dated April 8, 2011, to Section AWL2—Systems 8, 2011, to Section AWL2—Systems Maintenance, of Part 2, Airworthiness Federal Aviation Administration Maintenance, of Part 2, Airworthiness Limitations, of the Bombardier Dash 8 Series Limitations, of the Bombardier Dash 8 Series 200 Maintenance Program Manual, PSM 1– 14 CFR Part 39 300 Maintenance Program Manual, PSM 1– 82–7. 83–7. (4) de Havilland Dash 8 Series 300 [Docket No. FAA–2012–1172; Directorate Temporary Revision AWL 3–118, dated April Identifier 2012–CE–040–AD; Amendment (i) No Alternative Actions or Intervals 8, 2011, to Section AWL2—Systems 39–17365; AD 2013–04–08] After accomplishing the revision required Maintenance, of Part 2, Airworthiness RIN 2120–AA64 by paragraph (h) of this AD, no alternative Limitations, of the Bombardier Dash 8 Series actions (e.g., inspections) or intervals may be 300 Maintenance Program Manual, PSM 1– Airworthiness Directives; Diamond used, unless the actions and intervals are 83–7. approved as an AMOC in accordance with Aircraft Industries GmbH Airplanes (m) Material Incorporated by Reference the procedures specified in paragraph (k)(1) AGENCY: Federal Aviation of this AD. (1) The Director of the Federal Register Administration (FAA), Department of approved the incorporation by reference (j) Credit for Previous Actions (IBR) of the service information listed in this Transportation (DOT). This paragraph provides credit for the paragraph under 5 U.S.C. 552(a) and 1 CFR ACTION: Final rule. actions required by paragraph (g) of this AD, part 51. if those actions were performed before the (2) You must use this service information SUMMARY: We are adopting a new effective date of this AD using Bombardier as applicable to do the actions required by airworthiness directive (AD) for Service Bulletin 8–24–87, dated May 26, this AD, unless the AD specifies otherwise. Diamond Aircraft Industries GmbH

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14161

Model H–36, HK 36 R, HK 36 TS, and control rod had disconnected from the section 106, describes the authority of HK 36 TTS airplanes. This AD results elevator bell crank in the tail section of the the FAA Administrator. ‘‘Subtitle VII: from mandatory continuing fuselage, as a result of installation of a non- Aviation Programs,’’ describes in more airworthiness information (MCAI) suitable self-locking nut. detail the scope of the Agency’s The subsequent design review of the issued by an aviation authority of affected elevator bell crank joint with authority. another country to identify and correct elevator control rod identified that its current We are issuing this rulemaking under an unsafe condition on an aviation configuration has a failure potential when the authority described in ‘‘Subtitle VII, product. The MCAI describes the unsafe components such as thin self-securing nuts Part A, Subpart III, Section 44701: condition as installation of an and bearings are aging and original clearance General requirements.’’ Under that unsuitable self-locking nut on the bell of the control system cannot be maintained section, Congress charges the FAA with crank of the elevator push rod that can in service. Both the designs of elevator bell promoting safe flight of civil aircraft in cause failure of the elevator, resulting in crank and elevator control rod are installed air commerce by prescribing regulations loss of control. We are issuing this AD in DV 20 aeroplanes. This condition, if not corrected, could lead for practices, methods, and procedures to require actions to address the unsafe to further cases of elevator control failure, the Administrator finds necessary for condition on these products. likely resulting in reduced control of the safety in air commerce. This regulation DATES: This AD is effective April 9, aeroplane, consequent damage to the is within the scope of that authority 2013. aeroplane and injury to the occupants. because it addresses an unsafe condition The Director of the Federal Register To address this concern, Diamond Aircraft that is likely to exist or develop on approved the incorporation by reference Industries (DAI) published Mandatory products identified in this rulemaking of certain publications listed in the AD Service Bulletin (MSB) 36–108 and MSB 20– action. as of April 9, 2013. 061/1 to improve the affected elevator control joint by embodiment of new design which Regulatory Findings ADDRESSES: You may examine the AD prevents elevator bell crank and push rod docket on the Internet at http:// disconnection. We determined that this AD will not www.regulations.gov or in person at For reasons described above, this AD have federalism implications under Document Management Facility, U.S. requires replacement of aeroplane elevator Executive Order 13132. This AD will Department of Transportation, Docket bell cranks with improved parts and not have a substantial direct effect on Operations, M–30, West Building prohibits installation of any previous design the States, on the relationship between Ground Floor, Room W12–140, 1200 elevator bell crank. the national government and the States, New Jersey Avenue SE., Washington, Comments or on the distribution of power and DC 20590. responsibilities among the various We gave the public the opportunity to For service information identified in levels of government. this AD, contact Diamond Aircraft participate in developing this AD. We received no comments on the NPRM (77 For the reasons discussed above, I Industries GmbH, N.A. Otto-Stra+e 5, certify this AD: A–2700 Wiener Neustadt, Austria, FR 66409, November 5, 2012) or on the determination of the cost to the public. (1) Is not a ‘‘significant regulatory telephone: +43 2622 26700; fax: +43 action’’ under Executive Order 12866, 2622 26780; email: office@diamond- Conclusion air.at; Internet: www.diamond-air.at/ (2) Is not a ‘‘significant rule’’ under _ _ We reviewed the relevant data and the DOT Regulatory Policies and hk36 super determined that air safety and the dimona+M52087573ab0.html. You may Procedures (44 FR 11034, February 26, public interest require adopting the AD 1979), review copies of the referenced service as proposed except for minor editorial information at the FAA, Small Airplane (3) Will not affect intrastate aviation changes. We have determined that these in Alaska, and Directorate, 901 Locust, Kansas City, minor changes: (4) Will not have a significant Missouri 64106. For information on the • Are consistent with the intent that economic impact, positive or negative, availability of this material at the FAA, was proposed in the NPRM (77 FR on a substantial number of small entities call (816) 329–4148. 66409, November 5, 2012) for correcting under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: the unsafe condition; and Mike Kiesov, Aerospace Engineer, FAA, • Do not add any additional burden Flexibility Act. Small Airplane Directorate, 901 Locust, upon the public than was already Examining the AD Docket Room 301, Kansas City, Missouri 64106; proposed in the NPRM (77 FR 66409, telephone: (816) 329–4144; fax: (816) November 5, 2012). You may examine the AD docket on 329–4090; email: [email protected]. the Internet at http:// Costs of Compliance SUPPLEMENTARY INFORMATION: www.regulations.gov; or in person at the We estimate that this AD will affect Docket Management Facility between 9 Discussion 25 products of U.S. registry. We also a.m. and 5 p.m., Monday through We issued a notice of proposed estimate that it would take about 2 Friday, except Federal holidays. The AD rulemaking (NPRM) to amend 14 CFR work-hours per product to comply with docket contains the NPRM, the part 39 to include an AD that would the basic requirements of this AD. The regulatory evaluation, any comments apply to the specified products. That average labor rate is $85 per work-hour. received, and other information. The NPRM was published in the Federal Required parts would cost about $352 street address for the Docket Office Register on November 5, 2012 (77 FR per product. (telephone (800) 647–5527) is in the 66409). That NPRM proposed to correct Based on these figures, we estimate ADDRESSES section. Comments will be an unsafe condition for the specified the cost of this AD on U.S. operators to available in the AD docket shortly after products. The MCAI states: be $13,050, or $522 per product. receipt. A HK 36 R aeroplane recently experienced Authority for This Rulemaking List of Subjects in 14 CFR Part 39 an in-flight elevator control failure after take- off which resulted in an uncontrolled Title 49 of the United States Code Air transportation, Aircraft, Aviation landing. The results of the subsequent specifies the FAA’s authority to issue safety, Incorporation by reference, investigation revealed that the elevator rules on aviation safety. Subtitle I, Safety.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14162 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Adoption of the Amendment 2730–12–00 and elevator bell crank mounts (ii) Diamond Aircraft Industries GmbH with P/N 820–2730–11–00. Work Instruction WI–MSB 36–108, dated Accordingly, under the authority February 28, 2012. (g) Other FAA AD Provisions delegated to me by the Administrator, (3) For Diamond Aircraft Industries GmbH the FAA amends 14 CFR part 39 as The following provisions also apply to this service information identified in this AD, follows: AD: contact Diamond Aircraft Industries GmbH, (1) Alternative Methods of Compliance N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt, PART 39—AIRWORTHINESS (AMOCs): The Manager, Standards Office, Austria, telephone: +43 2622 26700; fax: +43 DIRECTIVES FAA, has the authority to approve AMOCs 2622 26780; email: [email protected]; for this AD, if requested using the procedures Internet: www.diamond-air.at/ ■ 1. The authority citation for part 39 found in 14 CFR 39.19. Send information to hk36_super_dimona+M52087573ab0.html. continues to read as follows: ATTN: Mike Kiesov, Aerospace Engineer, (4) You may view this service information FAA, Small Airplane Directorate, 901 Locust, at FAA, Small Airplane Directorate, 901 Authority: 49 U.S.C. 106(g), 40113, 44701. Room 301, Kansas City, Missouri 64106; Locust, Kansas City, Missouri 64106. For telephone: (816) 329–4144; fax: (816) 329– § 39.13 [Amended] information on the availability of this 4090; email: [email protected]. Before material at the FAA, call (816) 329–4148. ■ 2. The FAA amends § 39.13 by adding using any approved AMOC on any airplane (5) You may view this service information the following new AD: to which the AMOC applies, notify your that is incorporated by reference at the appropriate principal inspector (PI) in the National Archives and Records 2013–04–08 Diamond Aircraft Industries FAA Flight Standards District Office (FSDO), Administration (NARA). For information on GmbH: Amendment 39–17365; Docket or lacking a PI, your local FSDO. the availability of this material at NARA, call No. FAA–2012–1172; Directorate (2) Airworthy Product: For any requirement 202–741–6030, or go to: http:// Identifier 2012–CE–040–AD. in this AD to obtain corrective actions from www.archives.gov/federal-register/cfr/ibr- (a) Effective Date a manufacturer or other source, use these locations.html. actions if they are FAA-approved. Corrective This airworthiness directive (AD) becomes actions are considered FAA-approved if they Issued in Kansas City, Missouri, on effective April 9, 2013. are approved by the State of Design Authority February 14, 2013. (b) Affected ADs (or their delegated agent). You are required Earl Lawrence, to assure the product is airworthy before it None. Manager, Small Airplane Directorate, Aircraft is returned to service. Certification Service. (c) Applicability (3) Reporting Requirements: For any reporting requirement in this AD, a federal [FR Doc. 2013–04089 Filed 3–4–13; 8:45 am] This AD applies to the following Diamond agency may not conduct or sponsor, and a BILLING CODE 4910–13–P Aircraft Industries GmbH models and serial person is not required to respond to, nor number (S/N) airplanes, certificated in any shall a person be subject to a penalty for category: H–36 and HK 36 R airplanes, S/Ns failure to comply with a collection of DEPARTMENT OF TRANSPORTATION 36.300 through 36.414; HK 36 TS airplanes, information subject to the requirements of S/Ns 36.415 and 36.416; and HK 36 TTS the Paperwork Reduction Act unless that Federal Aviation Administration airplane, S/N 36.393. collection of information displays a current (d) Subject valid OMB Control Number. The OMB 14 CFR Part 39 Control Number for this information Air Transport Association of America collection is 2120–0056. Public reporting for [Docket No. FAA–2012–1159; Directorate (ATA) Code 27: Flight Controls. this collection of information is estimated to Identifier 2012–NM–028–AD; Amendment (e) Reason be approximately 5 minutes per response, 39–17368; AD 2013–04–10] including the time for reviewing instructions, This AD was prompted by mandatory completing and reviewing the collection of RIN 2120–AA64 continuing airworthiness information (MCAI) information. All responses to this collection originated by an aviation authority of another of information are mandatory. Comments Airworthiness Directives; Airbus country to identify and correct an unsafe concerning the accuracy of this burden and Airplanes condition on an aviation product. The MCAI suggestions for reducing the burden should describes the unsafe condition as installation be directed to the FAA at: 800 Independence AGENCY: Federal Aviation of an unsuitable self-locking nut on the bell Ave. SW., Washington, DC 20591, Attn: Administration (FAA), Department of crank of the elevator push rod that can cause Information Collection Clearance Officer, Transportation (DOT). failure of the elevator, resulting in loss of AES–200. control. We are issuing this AD to prevent ACTION: Final rule. disconnection of the elevator bell crank and (h) Related Information SUMMARY: We are adopting a new push rod. Refer to MCAI European Aviation Safety airworthiness directive (AD) for certain (f) Actions and Compliance Agency (EASA) AD No.: 2012–0173, dated September 3, 2012; Diamond Aircraft Airbus Model A310–203, –204, –222, Unless already done, do the following Industries GmbH Mandatory Service Bulletin –304, –322, and –324 airplanes. This AD actions following Diamond Aircraft MSB 36–108, dated February 28, 2012; and was prompted by a design review of the Industries GmbH Mandatory Service Bulletin Diamond Aircraft Industries GmbH Work fuel tank access covers and analyses MSB 36–108 and Diamond Aircraft Instruction WI–MSB 36–108, dated February comparing compliance of the access Industries GmbH Work Instruction WI–MSB 28, 2012, for related information. 36–108, both dated February 28, 2012: covers to different tire burst models. (1) Within the next 200 hours time-in- (i) Material Incorporated by Reference ‘Type 21’ panels located within the service (TIS) after April 9, 2013 (the effective (1) The Director of the Federal Register debris zone revealed that they could not date of this AD) or within the next 12 months approved the incorporation by reference sustain the impact of the tire debris. after April 9, 2013 (the effective date of this (IBR) of the service information listed in this This AD requires modifying the wing AD), whichever occurs first, replace each paragraph under 5 U.S.C. 552(a) and 1 CFR manhole surrounds and replacing elevator bell crank assembly with part part 51. certain fuel access panels. We are number (P/N) 820–2730–12–00, and replace (2) You must use this service information issuing this AD to prevent a possibility each elevator bell crank mount with P/N as applicable to do the actions required by of a fire due to tire debris impact on the 820–2730–11–00. this AD, unless the AD specifies otherwise. (2) After April 9, 2013 (the effective date (i) Diamond Aircraft Industries GmbH fuel access panels. of this AD), only install on the airplane Mandatory Service Bulletin MSB 36–108, DATES: This AD becomes effective April elevator bell crank assemblies with P/N 820– dated February 28, 2012. 9, 2013.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14163

The Director of the Federal Register Conclusion 3. Will not affect intrastate aviation in approved the incorporation by reference We reviewed the available data and Alaska; and 4. Will not have a significant of certain publications listed in this AD determined that air safety and the economic impact, positive or negative, as of April 9, 2013 public interest require adopting the AD on a substantial number of small entities ADDRESSES: You may examine the AD as proposed. docket on the Internet at http:// under the criteria of the Regulatory www.regulations.gov or in person at the Costs of Compliance Flexibility Act. We prepared a regulatory evaluation U.S. Department of Transportation, We estimate that this AD will affect of the estimated costs to comply with Docket Operations, M–30, West 56 products of U.S. registry. We also this AD and placed it in the AD docket. Building Ground Floor, Room W12–140, estimate that it will take about 40 work- 1200 New Jersey Avenue SE., hours per product to comply with the Examining the AD Docket Washington, DC. basic requirements of this AD. The You may examine the AD docket on FOR FURTHER INFORMATION CONTACT: Dan average labor rate is $85 per work-hour. the Internet at http:// Rodina, Aerospace Engineer, Required parts will cost about $6,340 www.regulations.gov; or in person at the International Branch, ANM–116, per product. Where the service Docket Operations office between 9 a.m. Transport Airplane Directorate, FAA, information lists required parts costs and 5 p.m., Monday through Friday, 1601 Lind Avenue SW., Renton, WA that are covered under warranty, we except Federal holidays. The AD docket 98057–3356; telephone (425) 227–2125; have assumed that there will be no contains the NPRM (77 FR 66762, fax (425) 227–1149. charge for these parts. As we do not November 7, 2012), the regulatory control warranty coverage for affected SUPPLEMENTARY INFORMATION: evaluation, any comments received, and parties, some parties may incur costs other information. The street address for Discussion higher than estimated here. Based on the Docket Operations office (telephone these figures, we estimate the cost of We issued a notice of proposed (800) 647–5527) is in the ADDRESSES this AD to the U.S. operators to be section. Comments will be available in rulemaking (NPRM) to amend 14 CFR $545,440, or $9,740 per product. part 39 to include an AD that would the AD docket shortly after receipt. apply to the specified products. That Authority for This Rulemaking List of Subjects in 14 CFR Part 39 NPRM was published in the Federal Title 49 of the United States Code Air transportation, Aircraft, Aviation Register on November 7, 2012 (77 FR specifies the FAA’s authority to issue safety, Incorporation by reference, 66762). That NPRM proposed to correct rules on aviation safety. Subtitle I, Safety. an unsafe condition for the specified section 106, describes the authority of products. The Mandatory Continuing the FAA Administrator. ‘‘Subtitle VII: Adoption of the Amendment Airworthiness Information (MCAI) Aviation Programs,’’ describes in more Accordingly, under the authority states: detail the scope of the Agency’s delegated to me by the Administrator, Following a design review of the fuel tank authority. the FAA amends 14 CFR part 39 as access covers and further analyses aiming at We are issuing this rulemaking under follows: comparing compliance of the access covers to the authority described in ‘‘Subtitle VII, different tyre burst models, panels ‘Type 21’ Part A, Subpart III, Section 44701: PART 39—AIRWORTHINESS revealed to be a matter of concern when General requirements.’’ Under that DIRECTIVES located within the tyre debris zone. It has section, Congress charges the FAA with been demonstrated that ’Type 21’ Super ■ 1. The authority citation for part 39 promoting safe flight of civil aircraft in Plastic Formed (SPF) panels for fuel access, continues to read as follows: installed on left hand (LH) and right hand air commerce by prescribing regulations (RH) wings at manhole positions No. 1 and for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. No. 2 of A310 aeroplanes pre-MSN500 could the Administrator finds necessary for § 39.13 [Amended] not sustain in an acceptable manner the safety in air commerce. This regulation ■ impact of tyre debris. is within the scope of that authority 2. The FAA amends § 39.13 by adding This condition, if not corrected, could because it addresses an unsafe condition the following new AD: result, following tyre debris impact, in fuel that is likely to exist or develop on 2013–04–10 Airbus: Amendment 39–17368. leaking and consequently fire on that area of products identified in this rulemaking FAA–2012–1159; Directorate Identifier the aeroplane. 2012–NM–028–AD. For the reasons described above, this action. [European Aviation Safety Agency (EASA)] Regulatory Findings (a) Effective Date AD requires the replacement of SPF ‘Type 21’ This airworthiness directive (AD) becomes access panels with [type 11 access panels We determined that this AD will not effective April 9, 2013. with]‘Type 11A’ [associated clamp plates] or have federalism implications under ‘Type 21R’ access panels and concurrent Executive Order 13132. This AD will (b) Affected ADs modification of the manhole surrounds at not have a substantial direct effect on None. positions No.1 and No.2 to prevent re- the States, on the relationship between (c) Applicability installation of ’Type 21’ panels at those the national government and the States, positions. This AD applies to Airbus Model A310– or on the distribution of power and 203, –204, –222, –304, –322, and –324 You may obtain further information by responsibilities among the various airplanes, certificated in any category, examining the MCAI in the AD docket. levels of government. manufacturer serial numbers 0378, 0392, For the reasons discussed above, I 0399, 0404, 0406, 0407, 0409, 0410, 0412, Comments certify that this AD: 0413, 0416, 0418, 0419, 0421, 0422, 0424, We gave the public the opportunity to 1. Is not a ‘‘significant regulatory 0425, 0427, 0428, 0429, 0431, 0432, 0434 to 0437 inclusive, 0439, 0440, 0441, 0443 to participate in developing this AD. We action’’ under Executive Order 12866; 0449 inclusive, 0451 to 0454 inclusive, 0456, received no comments on the NPRM (77 2. Is not a ‘‘significant rule’’ under the 0457, 0458, 0467, 0472, 0473, 0475, 0476, FR 66762, November 7, 2012) or on the DOT Regulatory Policies and Procedures 0478, 0480 to 0485 inclusive, and 0487 to determination of the cost to the public. (44 FR 11034, February 26, 1979); 0499 inclusive.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14164 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

(d) Subject approval letter must specifically reference DEPARTMENT OF TRANSPORTATION Air Transport Association (ATA) of this AD. America Code 57, Wings. (2) Airworthy Product: For any requirement Federal Aviation Administration in this AD to obtain corrective actions from (e) Reason a manufacturer or other source, use these 14 CFR Part 39 This AD was prompted by a design review actions if they are FAA-approved. Corrective [Docket No. FAA–2012–1173; Directorate of the fuel tank access covers and analyses actions are considered FAA-approved if they Identifier 2012–CE–038–AD; Amendment comparing compliance of the access covers to are approved by the State of Design Authority different tire burst models. ‘‘Type 21’’ panels 39–17367; AD 2013–04–09] (or their delegated agent). You are required located within the debris zone revealed that RIN 2120–AA64 they could not sustain the impact of the tire to assure the product is airworthy before it is returned to service. debris. We are proposing this AD to prevent Airworthiness Directives; Costruzioni a possibility of a fire due to tire debris impact (j) Related Information Aeronautiche Tecnam srl Airplanes on the fuel access panels. Refer to MCAI European Aviation Safety AGENCY: Federal Aviation (f) Compliance Agency Airworthiness Directive 2012–0016, Administration (FAA), Department of You are responsible for having the actions dated January 26, 2012, and the service Transportation (DOT). required by this AD performed within the information specified in paragraphs (j)(1) and compliance times specified, unless the (j)(2) of this AD, for related information. ACTION: Final rule. actions have already been done. (1) Airbus Service Bulletin A310–57–2033, SUMMARY: We are adopting a new (g) Actions dated July 15, 1989. airworthiness directive (AD) for Within 60 months after the effective date (2) Airbus Mandatory Service Bulletin Costruzioni Aeronautiche Tecnam srl A310–57–2097, Revision 01, dated of this AD, do the actions specified in Model P2006T airplanes. This AD September 29, 2011. paragraph (g)(1) or (g)(2) of this AD. results from mandatory continuing (1) Modify the wing manhole surrounds (k) Material Incorporated by Reference airworthiness information (MCAI) and replace the super plastic formed (SPF) ‘‘Type 21’’ fuel access panels at positions 1 (1) The Director of the Federal Register issued by an aviation authority of and 2 on the left- and right-hand wings with approved the incorporation by reference another country to identify and correct ‘‘Type 11’’ fuel access panels with associated (IBR) of the service information listed in this an unsafe condition on an aviation ‘‘Type 11A’’ clamp plates, in accordance paragraph under 5 U.S.C. 552(a) and 1 CFR product. The MCAI describes the unsafe with the Accomplishment Instructions of part 51. condition as multiple cracks found on Airbus Mandatory Service Bulletin A310–57– (2) You must use this service information the outboard aileron hinge support of a 2097, Revision 01, dated September 29, 2011. as applicable to do the actions required by P2006T airplane during an inspection. (2) Modify the wing manhole surrounds this AD, unless the AD specifies otherwise. We are issuing this AD to require and replace the SPF ‘‘Type 21’’ fuel access (i) Airbus Service Bulletin A310–57–2033, actions to address the unsafe condition panels at positions 1 and 2 on the left- and right-hand wings with ‘‘Type 21R’’ fuel dated July 15, 1989. on these products. access panels, in accordance with the (ii) Airbus Mandatory Service Bulletin DATES: This AD is effective April 9, Accomplishment Instructions of Airbus A310–57–2097, Revision 01, dated 2013. Service Bulletin A310–57–2033, dated July September 29, 2011. The Director of the Federal Register 15, 1989. (3) For service information identified in approved the incorporation by reference this AD, contact Airbus SAS—EAW (h) Parts Installation Prohibition of a certain publication listed in the AD (Airworthiness Office), 1 Rond Point Maurice as of April 9, 2013. After accomplishing the modification Bellonte, 31707 Blagnac Cedex, France; required by paragraph (g) of this AD, no ADDRESSES: You may examine the AD telephone +33 5 61 93 36 96; fax +33 5 61 person may install SPF ‘‘Type 21’’ fuel access docket on the Internet at http:// 93 44 51; email account.airworth- panels at positions 1 and 2 on the left- and www.regulations.gov or in person at right-hand wings, on any airplane. [email protected]; Internet http:// Document Management Facility, U.S. www.airbus.com. (i) Other FAA AD Provisions Department of Transportation, Docket (4) You may review copies of the service Operations, M–30, West Building The following provisions also apply to this information at the FAA, Transport Airplane Ground Floor, Room W12–140, 1200 AD: Directorate, 1601 Lind Avenue SW., Renton, New Jersey Avenue SE., Washington, (1) Alternative Methods of Compliance WA. For information on the availability of DC 20590. (AMOCs): The Manager, International this material at the FAA, call 425–227–1221. For service information identified in Branch, ANM–116, Transport Airplane (5) You may view this service information Directorate, FAA, has the authority to this AD, contact Costruzioni that is incorporated by reference at the approve AMOCs for this AD, if requested Aeronautiche TECNAM Airworthiness National Archives and Records using the procedures found in 14 CFR 39.19. Office, Via Maiorise—81043 Capua (CE) Administration (NARA). For information on In accordance with 14 CFR 39.19, send your Italy; telephone: +39 0823 620134; fax: request to your principal inspector or local the availability of this material at NARA, call 202–741–6030, or go to: http:// +39 0823 622899; email: Flight Standards District Office, as [email protected] or appropriate. If sending information directly www.archives.gov/federal-register/cfr/ibr- to the International Branch, send it to ATTN: locations.html. [email protected]; Internet: Dan Rodina, Aerospace Engineer, www.tecnam.com/it-IT/documenti/ Issued in Renton, Washington, on February International Branch, ANM–116, Transport service-bulletins.aspx. You may review Airplane Directorate, FAA, 1601 Lind 14, 2013. copies of the referenced service Avenue SW., Renton, WA 98057–3356; Ali Bahrami, information at the FAA, Small Airplane telephone (425) 227–2125; fax (425) 227– Manager, Transport Airplane Directorate, Directorate, 901 Locust, Kansas City, 1149. Information may be emailed to: 9- Aircraft Certification Service. Missouri 64106. For information on the [email protected]. [FR Doc. 2013–04340 Filed 3–4–13; 8:45 am] availability of this material at the FAA, Before using any approved AMOC, notify call (816) 329–4148. your appropriate principal inspector, or BILLING CODE 4910–13–P lacking a principal inspector, the manager of FOR FURTHER INFORMATION CONTACT: the local flight standards district office/ Albert Mercado, Aerospace Engineer, certificate holding district office. The AMOC FAA, Small Airplane Directorate, 901

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14165

Locust, Room 301, Kansas City, verified with the type certificate holder that is likely to exist or develop on Missouri 64106; telephone: (816) 329– (manufacturer) that the labor rate of 3 products identified in this rulemaking 4119; fax: (816) 329–4090; email: hours takes into account service centers’ action. [email protected]. knowledge of the airplane. The cost Regulatory Findings SUPPLEMENTARY INFORMATION: does not include the cost of painting and does not take into consideration We determined that this AD will not Discussion varying circumstances and have federalism implications under We issued a notice of proposed configurations of certain airplanes that Executive Order 13132. This AD will rulemaking (NPRM) to amend 14 CFR may require additional work-hours to not have a substantial direct effect on part 39 to include an AD that would accomplish the actions. the States, on the relationship between apply to the specified products. That We are making no changes to the final the national government and the States, NPRM was published in the Federal rule AD based on this comment. or on the distribution of power and responsibilities among the various Register on November 5, 2012 (77 FR Conclusion 66417). That NPRM proposed to correct levels of government. an unsafe condition for the specified We reviewed the relevant data, For the reasons discussed above, I products. The MCAI states: considered the comments received, and certify this AD: determined that air safety and the (1) Is not a ‘‘significant regulatory During a 100-hour inspection of a P2006T public interest require adopting the AD action’’ under Executive Order 12866, aeroplane, multiple cracks were detected on as proposed except for minor editorial (2) Is not a ‘‘significant rule’’ under the outboard aileron hinge support, part the DOT Regulatory Policies and number (P/N) 26–1–1082–1/3. changes. We have determined that these minor changes: Procedures (44 FR 11034, February 26, This condition, if not detected and • corrected, could jeopardize the wing Are consistent with the intent that 1979), structural integrity. was proposed in the NPRM (77 FR (3) Will not affect intrastate aviation For the reason described above, this AD 66417, November 5, 2012) for correcting in Alaska, and requires to inspect for crack detection all the unsafe condition; and (4) Will not have a significant aileron hinge supports and to accomplish the • Do not add any additional burden economic impact, positive or negative, applicable corrective actions. upon the public than was already on a substantial number of small entities proposed in the NPRM (77 FR 66417, under the criteria of the Regulatory Comments November 5, 2012). Flexibility Act. We gave the public the opportunity to Costs of Compliance Examining the AD Docket participate in developing this AD. The following presents the comments We estimate that this AD will affect 7 You may examine the AD docket on received on the proposal and the FAA’s products of U.S. registry. We also the Internet at http:// response to each comment. estimate that it would take about .5 www.regulations.gov; or in person at the work-hour per product to comply with Docket Management Facility between 9 Decrease Inspection Interval the basic requirements of this AD. The a.m. and 5 p.m., Monday through Dudley Clark of Ocean Air Flight average labor rate is $85 per work-hour. Friday, except Federal holidays. The AD Services stated that they found a crack Based on these figures, we estimate docket contains the NPRM, the on an airplane at less than 300 hours the cost of this AD on U.S. operators to regulatory evaluation, any comments time-in-service (TIS). He stated we be $297.50, or $42.50 per product. received, and other information. The should decrease the initial inspection In addition, we estimate that any street address for the Docket Office interval to 200 hours TIS and the necessary follow-on actions would take (telephone (800) 647–5527) is in the continuing checks at 50 hours TIS until about 3 work-hours and require parts ADDRESSES section. Comments will be compliance is met with the replacement costing $460, for a cost of $715 per available in the AD docket shortly after parts. product. We have no way of receipt. We do not agree because we have determining the number of products List of Subjects in 14 CFR Part 39 evaluated the compliance time utilized that may need these actions. Air transportation, Aircraft, Aviation by the State of Design in the EASA AD Authority for This Rulemaking and determined that it provides the safety, Incorporation by reference, acceptable level of risk to mitigate the Title 49 of the United States Code Safety. specifies the FAA’s authority to issue unsafe condition. The compliance time Adoption of the Amendment in this AD is the same as in the EASA rules on aviation safety. Subtitle I, AD. We have also provided the section 106, describes the authority of Accordingly, under the authority information about this crack to EASA the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, (the State of Design) for their Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as consideration. detail the scope of the Agency’s follows: We are making no changes to the final authority. PART 39—AIRWORTHINESS rule AD based on this comment. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, DIRECTIVES Increase Amount of Labor Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 Dudley Clark of Ocean Air Flight General Requirements.’’ Under that continues to read as follows: Services stated that the labor time is section, Congress charges the FAA with understated by about half and does not promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. include any time for painting. He air commerce by prescribing regulations § 39.13 [Amended] recommends we increase the amount of for practices, methods, and procedures labor required to 6 hours per wing, not the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding including painting. safety in air commerce. This regulation the following new AD: We do not agree with increasing the is within the scope of that authority 2013–04–09 Costruzioni Aeronautiche labor hours to 6 hours because we because it addresses an unsafe condition Tecnam srl: Amendment 39–17367;

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14166 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Docket No. FAA–2012–1173; Directorate TECNAM Service Bulletin No. SB 102–CS– (3) For Costruzioni Aeronautiche TECNAM Identifier 2012–CE–038–AD. Rev1, dated June 29, 2012. service information identified in this AD, contact Costruzioni Aeronautiche TECNAM (a) Effective Date (h) Other FAA AD Provisions Airworthiness Office, Via Maiorise—81043 This airworthiness directive (AD) becomes The following provisions also apply to this Capua (CE) Italy; telephone: +39 0823 effective April 9, 2013. AD: 620134; fax: +39 0823 622899; email: (1) Alternative Methods of Compliance [email protected] or (b) Affected ADs (AMOCs): The Manager, Standards Office, [email protected]; Internet: None. FAA, has the authority to approve AMOCs www.tecnam.com/it-IT/documenti/service- bulletins.aspx. (c) Applicability for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to (4) You may view this service information This AD applies to Costruzioni ATTN: Albert Mercado, Aerospace Engineer, at FAA, Small Airplane Directorate, 901 Aeronautiche Tecnam srl P2006T airplanes, FAA, Small Airplane Directorate, 901 Locust, Locust, Kansas City, Missouri 64106. For serial numbers 001/US through 9999/US, Room 301, Kansas City, Missouri 64106; information on the availability of this certificated in any category. telephone: (816) 329–4119; fax: (816) 329– material at the FAA, call (816) 329–4148. (d) Subject 4090; email: [email protected]. Before (5) You may view this service information using any approved AMOC on any airplane that is incorporated by reference at the Air Transport Association of America National Archives and Records (ATA) Code 57, Wings. to which the AMOC applies, notify your appropriate principal inspector (PI) in the Administration (NARA). For information on (e) Reason FAA Flight Standards District Office (FSDO), the availability of this material at NARA, call 202–741–6030, or go to: http:// This AD was prompted by multiple cracks or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement www.archives.gov/federal-register/cfr/ibr- found on the outboard aileron hinge support locations.html. of a P2006T airplane during an inspection. in this AD to obtain corrective actions from We are issuing this AD to require actions to a manufacturer or other source, use these Issued in Kansas City, Missouri, on address the unsafe condition on these actions if they are FAA-approved. Corrective February 20, 2013. products. actions are considered FAA-approved if they John Colomy, are approved by the State of Design Authority Acting Manager, Small Airplane Directorate, (f) Actions and Compliance (or their delegated agent). You are required Aircraft Certification Service. Unless already done, do the following to assure the product is airworthy before it actions following the Inspection Instructions, is returned to service. [FR Doc. 2013–04341 Filed 3–4–13; 8:45 am] paragraph 2, numbers 1 through 8, in (3) Reporting Requirements: For any BILLING CODE 4910–13–P Costruzioni Aeronautiche TECNAM Service reporting requirement in this AD, a federal Bulletin No. SB 102–CS–Rev2, dated July 3, agency may not conduct or sponsor, and a 2012: person is not required to respond to, nor DEPARTMENT OF TRANSPORTATION (1) At the compliance times below, inspect shall a person be subject to a penalty for all aileron hinge supports part numbers (P/ failure to comply with a collection of Federal Aviation Administration N) 26–1–1082–1/3, P/N 26–1–1081–1/3, P/N information subject to the requirements of 26–1–1081–2/4, and P/N 26–1–1082–2/4 for the Paperwork Reduction Act unless that 14 CFR Parts 117 and 121 cracks: collection of information displays a current (i) For airplanes with 600 or more hours valid OMB Control Number. The OMB [Docket No. FAA–2012–0358] time-in-service (TIS) as of April 9, 2013 (the Control Number for this information effective date of this AD): Within 30 days collection is 2120–0056. Public reporting for Clarification of Flight, Duty, and Rest after April 9, 2013 (the effective date of this this collection of information is estimated to Requirements AD) or within the next 25 hours TIS after be approximately 5 minutes per response, April 9, 2013 (the effective date of this AD), including the time for reviewing instructions, AGENCY: Federal Aviation whichever occurs first, and repetitively completing and reviewing the collection of Administration (FAA), DOT. thereafter at intervals not to exceed 100 hours information. All responses to this collection ACTION: Clarification. TIS or 12 months, whichever occurs first, of information are mandatory. Comments (ii) For airplanes with less than 600 hours concerning the accuracy of this burden and SUMMARY: The FAA published a final TIS as of April 9, 2013 (the effective date of suggestions for reducing the burden should rule on January 4, 2012, that amends the this AD): Within 30 days after accumulating be directed to the FAA at: 800 Independence existing flight, duty and rest regulations 600 hours TIS or within 25 hours TIS after Ave. SW., Washington, DC 20591, Attn: applicable to certificate holders and accumulating 600 hours TIS, whichever Information Collection Clearance Officer, their flightcrew members. Since then, occurs first, and thereafter at intervals not to AES–200. the FAA has received numerous exceed 100 hours TIS or 12 months, whichever occurs first. (i) Related Information questions about the new flight, duty, (2) If a crack is found during any Refer to MCAI European Aviation Safety and rest rule. This is a response to those inspection required by paragraph (f)(1) of this Agency (EASA) AD No.: 2012–0146, dated questions. AD, before further flight, contact: Costruzioni August 6, 2012; and Costruzioni FOR FURTHER INFORMATION CONTACT: For Aeronautiche TECNAM at Costruzioni Aeronautiche TECNAM Service Bulletin No. technical questions, contact Dale E. Aeronautiche TECNAM Airworthiness SB 102–CS–Rev2, dated July 3, 2012, for Roberts, Air Transportation Division, Office, Via Maiorise—81043 Capua (CE) Italy; related information. Flight Standards Service, Federal telephone: +39 0823 620134; fax: +39 0823 Aviation Administration; email 622899; email: [email protected] or (j) Material Incorporated by Reference [email protected]; Internet: (1) The Director of the Federal Register [email protected]. For legal www.tecnam.com/it-IT/documenti/service- approved the incorporation by reference questions, contact Robert Frenzel, bulletins.aspx; for replacement instructions (IBR) of the service information listed in this Regulations Division, Office of the Chief and accomplish them accordingly. paragraph under 5 U.S.C. 552(a) and 1 CFR Counsel, Federal Aviation part 51. Administration; email (g) Credit for Actions Accomplished in (2) You must use this service information [email protected]. Accordance With Previous Service as applicable to do the actions required by Information this AD, unless the AD specifies otherwise. SUPPLEMENTARY INFORMATION: This AD provides credit for the actions (i) Costruzioni Aeronautiche TECNAM I. Background required in this AD if already done before Service Bulletin No. SB 102–CS–Rev2, dated April 9, 2013 (the effective date of this AD) July 3, 2012. On January 4, 2012, the FAA following Costruzioni Aeronautiche (ii) Reserved published a final rule entitled,

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14167

‘‘Flightcrew Member Duty and Rest not require that the rest period include member who flies only on part 91 Requirements’’ (77 FR 330). In that rule, an 8-hour sleep opportunity. operations is not subject to part 117.6 In the FAA created new part 117, which Conversely, § 117.25(e) and (f) 3 will addition, because part 117 does not replaces the existing flight, duty, and require that a rest period have an 8-hour apply to part 91 operations that are not rest regulations, contained in Subparts uninterrupted sleep opportunity when conducted by or on behalf of a part 121 Q, R, and S, for part 121 passenger part 117 becomes effective. Thus, a certificate holder, the remainder of this operations. As part of this rulemaking, certificate holder operating a domestic answer discusses part 91 operations that the FAA also applied the new 14 CFR operation who wishes to voluntarily are conducted by or on behalf of a part part 117 to certain 14 CFR part 91 ensure that its flight crewmembers have 121 certificate holder. This answer also operations, and permitted all-cargo an 8-hour sleep opportunity during a assumes that the part 91 operations it operations operating under 14 CFR part rest period can do so because the sleep discusses are not conducted under 121 to voluntarily opt into the part 117 opportunity will not violate the Subpart K of part 91. flight, duty, and rest regulations. provisions of § 121.471(b) and (c). The definition of flight duty period On April 5, 2012, the FAA published The FAA emphasizes, however, that, (FDP) in part 117 specifies that two a notice explaining the procedures for before January 4, 2014, a certificate flight segments are part of the same FDP submitting clarifying questions holder can only comply with those if a ‘‘required intervening rest period’’ concerning these flight, duty, and rest provisions of part 117 that do not has not been provided between those regulations.1 Since then, the FAA contradict the requirements of Subparts flight segments.7 A ‘‘required received numerous questions Q, R, and S. For example, a certificate intervening rest period’’ is the rest concerning the new regulations. This is holder who wishes to engage in period that is specified in § 117.25. a response to those questions. augmentation on domestic flights Pursuant to § 117.25(e), that rest period cannot do so before January 4, 2014, must be 10 consecutive hours of rest II. Discussion because, even though part 117 permits with an 8-hour uninterrupted sleep A. Applicability domestic augmentation, Subpart Q, opportunity. However, depending on which governs domestic operations, the specific nature of an individual i. Applicability of Previous Flight, Duty, does not allow domestic augmentation. flightcrew member’s schedule, the other and Rest Interpretations to Part 117 Likewise, a certificate holder operating subsections of § 117.25 may require a Airlines for America (A4A) asked supplemental passenger flights who longer rest period. For example, if a whether previous interpretations of the wishes to avoid the compensatory rest flightcrew member has not been part 121 flight, duty, and rest rules are requirements of Subpart S cannot rely provided 30 consecutive hours of rest in applicable to part 117. on part 117 to do so before January 2014 the preceding 168-hour period, the Part 117 creates a new flight, duty, because, even though part 117 largely ‘‘required intervening rest period’’ and rest regulatory scheme for part 121 eliminates compensatory rest, part 117 would be 30 consecutive hours pursuant passenger operations. As such, some does not become effective until January to § 117.25(b). interpretations of the regulatory scheme 2014. Applying this discussion to the that preceded part 117 may have limited questions raised above, if a flightcrew or no applicability to the provisions of iii. Part 91 Flights member flies a part 121 passenger flight part 117. The FAA will decide on a Air Line Pilots Association, segment and a part 91 ferry flight case-by-case basis to what extent an International (ALPA) and an individual segment without being provided an existing flight, duty, and rest commenter asked what amount of rest is intervening rest period that satisfies interpretation applies to part 117. necessary between a part 121 passenger § 117.25, those flight segments would be flight and a part 91 ferry flight so that part of the same FDP.8 Consequently, ii. Voluntary Implementation of Part 117 just like the part 121 passenger flights, Before January 4, 2014 the part 91 flight does not have to function under part 117. ALPA asked the part 91 ferry flight segment would A4A asked whether carriers can whether part 91 operations that are not have to be conducted under the flight, implement more restrictive portions of conducted under part 117 count toward duty, and rest rules of part 117.9 part 117 before the effective date of the the cumulative limits of part 117. However, if a flightcrew member is final rule that created part 117. Alaska Air asked whether a pilot who is provided with the rest period specified The flight, duty, and rest rule that only assigned part 91 flights (and does in § 117.25 between the part 91 ferry created part 117 will become effective not have any part 121 assignments) is flight segment and the part 121 2 on January 4, 2014. Until then, subject to part 117. passenger flight segment, those flight passenger operations operating under Part 117 applies to all part 91 segments would not be part of the same part 121 must comply with the flight, operations (other than Part 91 Subpart FDP. In that case, the part 91 ferry flight duty, and rest requirements set out in K) that are directed by a part 121 segment would not be subject to the Subparts Q, R, and S of part 121. If a certificate holder ‘‘if any segment’’ is flight, duty, and rest provisions of part carrier wishes to voluntarily comply conducted as a part 121 passenger 117. For purposes of this analysis, it is with a provision of part 117 before flight.4 Part 117 also applies to all irrelevant whether the part 91 ferry January 4, 2014, the carrier can do so as flightcrew members who are flight segment takes place before or after long as it also remains compliant with participating in a part 91 operation the part 121 passenger flight segment— the provisions of Subparts Q, R, and S (other than Part 91 Subpart K) on behalf what matters is whether a rest period as applicable. of a part 121 certificate holder ‘‘if any For example, 14 CFR 121.471(b) and flight segment’’ is conducted as a part 6 See 77 FR at 336 (stating that ‘‘pilots flying only (c) specify the amount of rest that a 121 passenger flight.5 As an initial part 91 passenger operations * * * are not subject to the provisions of this rule’’). flight crewmember on a domestic matter, we note that a flightcrew operation must receive in a 24-hour 7 See 14 CFR 117.3, Flight Duty Period (stating that activities that occur between flight segments period. However, these subsections do 3 The regulatory provisions of part 117 can be are part of the FDP unless a required intervening found at 77 FR 398 (Jan. 4, 2012). rest period has been provided). 1 77 FR 20530 (Apr. 5, 2012). 4 14 CFR 117.1(b). 8 See § 117.3 (definition of flight duty period). 2 See 77 FR 28763 (May 16, 2012). 5 14 CFR 117.1(c). 9 See § 117.1(b) and (c).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14168 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

that satisfies § 117.25 was provided The FAA emphasizes that required intervening rest period.’’ Thus, between the two flight segments. transportation provided for a rest period duty that occurs prior to an FDP is part We note, however, that the required by § 117.25 would not be of that FDP if there is no required cumulative limitations set out in considered ‘‘transportation to or from a intervening rest period between the § 117.23 include ‘‘all flying by suitable accommodation’’ for deadhead duty and the flight segments that make flightcrew members on behalf of any purposes because there is no up the FDP. Duty that takes place after certificate holder or 91K Program requirement in § 117.25 that rest periods an FDP, such as flight training device Manager.’’ 10 Thus, even if a part 91 must be provided in a suitable duty, is not part of an FDP, as it does flight is not operated pursuant to part accommodation. not occur before a flight segment or between flight segments. 117, that flight still counts for purposes ii. Duty of the cumulative limitations of part 117 2. Meaning of ‘‘Futher Aircraft 1. Collective Bargaining Agreement if it is flown on behalf of a certificate Movement’’ holder or 91K Program Manager. Requirement Horizon Air (Horizon) and Regional A4A asked whether a requirement in B. Definitions Airline Association (RAA) asked the collective bargaining agreement to whether the phrase ‘‘further aircraft i. Deadhead Transportation check a schedule or calendar, or to movement’’ in the FDP definition meant acknowledge a trip assignment, is 1. Length of Deadhead movement for the purpose of flight. considered duty. The Southwest Airlines Pilots Section 117.3 defines duty as ‘‘any These commenters provided the Association (SWAPA) asked whether a task that a flightcrew member performs following example. An aircraft is parked flightcrew member could deadhead as required by the certificate holder following the last flight and passengers beyond the limits of Table B. SWAPA * * *’’ Thus, if a certificate holder deplane. The pilot then repositions the also asked whether there was a limit to requires that a flightcrew member check aircraft on the ground to a hangar. The the period of time that a flightcrew a schedule or calendar, or acknowledge commenters asked whether, in this could be engaged in deadhead a trip assignment, then the flightcrew situation, the FDP ends when the transportation at the conclusion of an member’s compliance with that aircraft is first parked and deplaned. FDP. requirement would be considered duty. Another commenter, Alaska Air, asked Pursuant to the definition of FDP in The collective bargaining agreement has whether time spent repositioning a § 117.3, deadhead transportation that is no impact on this analysis, as this plane from customs to a domestic gate followed by a flight segment without an agreement simply provides the legal would be part of an FDP. The definition of FDP in § 117.3 states intervening rest period is part of an FDP basis for the certificate holder to require that an FDP ends ‘‘when the aircraft is and is subject to the FDP limits in a flightcrew member to perform certain parked after the last flight and there is Tables B and C. All other deadhead actions. transportation is not part of an FDP and no intention for further aircraft is not subject to any limits under part 2. Limitations on Duty movement by the same flightcrew 117. However, if the deadhead SWAPA asked whether there are any member.’’ The phrase ‘‘further aircraft transportation exceeds the limits of limits on duty aside from the FDP movement’’ in the FDP definition does Table B, § 117.25(g) requires that the limitations. not say that the movement must be for flightcrew member engaging in the The flight, duty, and rest notice of the purpose of flight. Rather, any aircraft deadhead transportation be provided proposed rulemaking (NPRM) proposed movement by the flightcrew member is with a compensatory rest period before a set of cumulative duty-period limits. part of that flightcrew member’s FDP. beginning his/her next FDP. However, in response to comments, the Thus, moving the aircraft between final rule eliminated those limits.11 As different gates or moving the aircraft to 2. Transportation to a Suitable such, duty periods that are not part of a hangar would be considered ‘‘aircraft Accommodation an FDP are only limited to the extent movement’’ and it would be part of a ALPA asked whether there is a limit that they may cause a flightcrew flightcrew member’s FDP. to how far a drive can be to still be member to be too tired to safely perform iv. Physiological Night’s Rest considered transportation to/from a his or her assigned duties. Allied Pilots Association (APA) asked suitable accommodation. iii Flight Duty Period (FDP) whether the 8-hour sleep opportunity The definition of deadhead required by § 117.25 must take place 1. Type of Duty That Is Included in an transportation in § 117.3 states that between the hours of 0100 and 0700. FDP ‘‘transportation to or from a suitable Subsections (e) and (f) of § 117.25 accommodation’’ is not deadhead SWAPA asked for clarification about require that immediately prior to transportation. ‘‘Transportation to or the type of duty that is part of an FDP. beginning an FDP, a flightcrew member from a suitable accommodation’’ refers SWAPA provided the following three must be provided with a 10-hour rest to transportation that is conducted for types of duty as examples, and it asked period that includes an 8-hour the purposes of a split-duty or mid-duty which of these examples would be part uninterrupted sleep opportunity. These rest pursuant to § 117.15 and/or of an FDP: (1) duty prior to an FDP; (2) subsections do not require that the 8- § 117.27. While this type of duty after an FDP; and (3) flight training hour sleep opportunity take place transportation is not deadhead device duty after an FDP. during a specific time of day—they transportation, it is part of an FDP as The definition of FDP in § 117.3 states simply require that an 8-hour sleep split-duty and mid-duty rest take place that ‘‘[a] flight duty period includes the opportunity be provided at some point between flight segments. Accordingly, duties performed by the flightcrew during the 10-hour rest period. transportation for split-duty and mid- member on behalf of the certificate duty rest would be limited by the holder that occur before a flight segment v. Rest Facility pertinent FDP limits. or between flight segments without a A4A asked about the publication date of Advisory Circular (AC) 121–31 10 § 117.23(a). 11 See 77 FR at 379. Flightcrew Sleeping Quarters and Rest

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14169

Facilities. A4A also asked: (1) What the and the electronic signature would have simply chosen not to impose a approval process will be like for rest to comply with the pertinent electronic mandatory regulatory requirement facilities; and (2) what constitutes ‘‘near signature requirements. because the signs used to identify flat’’ for purposes of the Class 2 rest fatigue cannot be synthesized into a ii. Certifying as to Specific Flight 15 facility definition. Segments general objective standard.’’ Thus, The AC that provides guidance for § 117.5 should not be read as rest facilities has been renamed as AC Horizon and RAA were concerned prohibiting a certificate holder from 117–1, and was published on September with the following scenario. A pilot voluntarily terminating the FDP of a 19, 2012. This AC discusses what ‘‘near reports fit for an FDP that includes 6 fatigued flightcrew member who does flat’’ means for purposes of qualifying a flight segments. After the fourth flight not self-report his/her fatigue. Indeed, rest facility as Class 2. As far as the segment, the pilot notifies the company the FAA strongly encourages certificate approval process for rest facilities, the that he will be too fatigued to fly the holders to voluntarily terminate the FAA will approve rest facilities through sixth flight segment, but will be fit to fly FDPs of flightcrew members who are an Operation Specification (OpSpec) the fifth flight segment. Horizon and showing signs of fatigue. that will specify the class(es) of rest RAA asked whether § 117.5(c) allowed D. Fatigue Risk Management System facility that are inside a certificate the company to permit the pilot to fly (FRMS) holder’s aircraft. the fifth flight segment. Section 117.5 places a joint i. Scope of an FRMS vi. Suitable Accommodation responsibility for fitness for duty on the ALPA also asked: (1) Whether a APA asked whether a layover facility certificate holder and the flightcrew certificate holder could use an FRMS to could be a suitable accommodation. member. The flightcrew member must: avoid a large portion of part 117 (e.g. all APA also asked whether a room that has (1) Report for an FDP ‘‘rested and of Table A); (2) whether FRMS multiple reclining chairs with multiple prepared to perform his/her duties;’’ (2) authorization is applied on a route- individuals resting could be a suitable sign a statement before beginning a specific basis; (3) whether route-specific accommodation. flight segment affirmatively stating that data could be used to justify an FRMS A layover facility could be a suitable he or she is fit for duty; and (3) on another route; and (4) whether each accommodation if it meets the immediately notify the certificate holder certificate holder’s FRMS request must definition of suitable accommodation if he/she is too fatigued to perform the be supported by data that is specific to set out in § 117.3. A room that has assigned duties. For its part, the that certificate holder. multiple reclining chairs with multiple certificate holder must: (1) ‘‘Provide the Section 117.7 permits a certificate individuals resting could also be a flightcrew member with a meaningful holder to exceed the provisions of part suitable accommodation if it meets the rest opportunity that will allow the 117 pursuant to a Fatigue Risk suitable accommodation requirements flightcrew member to get the proper 13 Management System (FRMS) ‘‘that of § 117.3. The FAA emphasizes that the amount of sleep;’’ (2) immediately provides for an equivalent level of safety definition of suitable accommodation in terminate a flightcrew member’s FDP if against fatigue-related accidents or § 117.3 does not require that access to a the flightcrew member does not incidents.’’ The preamble to the final suitable accommodation be limited so affirmatively state before beginning a rule clarifies that ‘‘a certificate holder that only one person can use it at any flight segment that he/she is fit to safely may use an FRMS for any of the given time. perform the assigned duties; and (3) immediately terminate a flightcrew elements of the flight and duty C. Fitness for Duty member’s FDP if the flightcrew member requirements provided under this rule.’’ 16 Thus, a certificate holder can i. Means of Certification informs the certificate holder that he/ she is too tired to safely perform the submit a wide range of FRMS requests A4A and Alaska Air asked whether assigned duties. ranging from narrow requests flightcrew members could use electronic In the example provided by Horizon concerning a specific route to broad means, such as Aircraft and RAA, a flightcrew member certifies, requests that seek to establish Communications Addressing and pursuant to § 117.5(d), that he is fit to alternatives to large portions of part 117. Reporting System (ACARS) and cell fly the fifth flight segment but will not However, because an FRMS request has phone applications, to certify their be fit to fly the sixth flight segment. to be supported by evidence showing an fitness for duty. Because § 117.5 does not require a equivalent level of safety if the FRMS is Subsection 117.5(d) states that ‘‘[a]s certificate holder to second-guess a approved, a broad FRMS will likely be part of the dispatch or flight release, as fitness-for-duty certification made by a more difficult to obtain than a narrow applicable, each flightcrew member flightcrew member, the company would FRMS. must affirmatively state he or she is fit not violate § 117.5(c) if it permits the The specific data that could be used for duty prior to commencing flight.’’ flightcrew member to take off on the to support an FRMS request would This subsection does not preclude a fifth flight segment. However, the FAA depend on the nature of the request and flightcrew member from making his/her emphasizes that the flightcrew member the nature of the certificate holder’s fitness for duty statement through in this example would be in violation of operations. While certificate holders are electronic means. However, the § 117.5 if he certifies that he is fit for not prohibited from using each other’s preamble to the final rule explains that duty when he is actually too tired to data for an FRMS request, the FAA the fitness for duty statement ‘‘must be safely perform the assigned duties. plans to evaluate each certificate signed by each flightcrew member.’’ 12 The FAA also cautions certificate holder’s FRMS request on an individual Accordingly, if a flightcrew member holders that, as the preamble to the final basis. Because of the differences chooses to submit his/her fitness for rule explains, ‘‘there are objective signs between certificate holders’ specific duty statement through electronic that could be used to identify operations, the FAA expects that each means, that flightcrew member would crewmember fatigue.’’ 14 ‘‘The FAA has FRMS request will be tailored to the have to electronically sign the statement 13 77 FR at 349. 15 Id. 12 77 FR at 350. 14 77 FR at 349. 16 77 FR at 354.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14170 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

requesting certificate holder’s The final rule that created part 117 117.11(b) allows a flightcrew member to operations, and the FAA will not allow will not become effective until January exceed these limitations to the extent multiple certificate holders to operate 4, 2014.18 Accordingly, certificate necessary to safely land the aircraft at under the same FRMS. holders are not required to comply with the next destination or alternate airport the fatigue education and training ‘‘[i]f unforeseen operational ii. Implementing an FRMS Before requirements of § 117.9 until January 4, circumstances arise after takeoff that are January 4, 2014 2014. The FAA notes, however, that a beyond the certificate holder’s control.’’ ALPA asked whether a certificate part 121 certificate holder is currently The preamble to the final rule explains holder could implement an FRMS responsible for fulfilling its obligations that this exception was added to prevent before January 4, 2014. under its Fatigue Risk Management diversions because ‘‘[i]f unexpected The final rule that created the FRMS Plan. circumstances significantly increase the alternative for the flight, duty, and rest length of the flight while the aircraft is requirements in parts 117 and 121 will iii. Completion Date for Initial Training in the air, the only way for a flightcrew not become effective until January 4, Alaska Air asked about the deadline member to comply with the flight-time 2014.17 While certificate holders can by which initial fatigue education and limits imposed by this rule would be to immediately begin gathering data that awareness training needs to be conduct an emergency landing.’’ 20 will be used to support an FRMS completed. Alaska Air also asked However, the preamble emphasizes that request, the FAA cannot actually whether training under § 117.9 is ‘‘this extension only applies to approve an FRMS until the pertinent mandated every 12 months or every unexpected circumstances that arise regulations become effective, which will calendar year. after takeoff,’’ and ‘‘[i]f a flightcrew be January 4, 2014. Subsection 117.9(a) requires that the member becomes aware, before takeoff, fatigue education and awareness that he or she will exceed the applicable E. Fatigue Education and Awareness training program must provide ‘‘annual flight-time limit, that flightcrew member Training Program education and awareness training.’’ The may not take off, and must return to the i. Whether the Program Has To Be FAA interprets the word ‘‘annual’’ as gate.’’ 21 Approved or Accepted referring to a 12-calendar-month period. Thus, if a flightcrew member finds out Because the training must be provided before takeoff that the flight segment Alaska Air pointed out that § 117.9(a) on an annual basis, the initial fatigue that he/she is about to fly will cause requires that a fatigue education and education and awareness training must him/her to exceed the flight time limits, awareness training program must be be completed within 12 calendar that flightcrew member may not take off. approved by the FAA Administrator months after the certificate holder’s It does not matter if the flightcrew while § 117.9(c) requires that updates to program has been approved by the member acquires this knowledge after the program must be accepted by the Administrator. taxi out because, as the preamble to the FAA Administrator. Alaska Air asked final rule explains, until the flightcrew whether the fatigue education and iv. Credit for Previously-Completed member actually takes off from the awareness training program has to be Training airport, that flightcrew member is still approved or accepted by the Alaska Air also asked whether credit able to return to the gate without a Administrator. would be provided for previously- diversion. Accordingly, if a flightcrew Subsection 117.9(a) states that the completed training. member finds out after taxi out but initial fatigue education and awareness The preamble to the final rule before takeoff that the flight segment training program must be approved by specifies that covered personnel do not that he or she is about to fly will cause the FAA and § 117.9(c)(1) states that need to repeat fatigue education and him/her to exceed the pertinent flight- updates to this program only need to be awareness training ‘‘if that training time limit, that flightcrew member must accepted by the FAA. The FAA meets the requirements of [§ 117.9].’’ 19 return to the gate. considers a minor change to the SWAPA provided an example of a 4- program to be an update that does not F. Flight Time Limitations leg FDP with a 9-hour flight-time limit need to go through the approval process. The FAA received a number of in which the crew realizes, after Leg 2, That is why § 117.9(c) only requires questions concerning FDP and flight that their total flight time will be 9 FAA acceptance for these types of time extensions. This section answers hours and 5 minutes if they complete changes. Conversely, the initial fatigue questions concerning the flight-time the remaining two legs. SWAPA then education and awareness training extension. Discussion of FDP extensions asked whether the fligthcrew can depart program and all non-minor changes to is set out in another section. on Leg 3 of this FDP. In response, the that program must receive FAA FAA notes that if completing Leg 3 of approval per § 117.9(a). The FAA i. Taking Off Knowing That the Flight the scheduled FDP will not cause the emphasizes that a major change to the Will Exceed Flight Time Limits flightcrew to exceed the 9-hour flight- fatigue education and awareness A4A and ALPA asked whether a crew time limit, then the flightcrew can take training program would be considered a can depart if they show up to the airport off on Leg 3. new program, and this change would and the weather conditions indicate that SWAPA and ALPA also provided have to be approved by the FAA before the flight will exceed flight time limits. another example. In this example, a it is implemented. SWAPA asked whether an aircraft must flightcrew member exceeds the limits of ii. Whether Training Needs To Begin return to the gate if, after taxi out but Table A and lands at an alternate airport Before January 4, 2014 prior to takeoff a flightcrew member is due to unforeseen operational forecast to exceed flight time limits. circumstances that arose after takeoff A4A asked whether fatigue education Section 117.11 sets out the flight time and were beyond the certificate holder’s and awareness training pursuant to limitations for augmented and control. SWAPA and ALPA asked § 117.9 must begin before January 4, unaugmented flights. Subsection whether the flightcrew member could, 2014. 18 See 77 FR 28763 (May 16, 2012). 20 77 FR at 363. 17 See 77 FR 28763 (May 16, 2012). 19 See 77 FR at 352. 21 Id.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14171

after landing, proceed to a follow-on leg scenarios an airplane taxies to a holding ‘‘FDP limits are determined by from the alternate airport to the original spot under its own power with the scheduled reporting time and not by destination. intention of eventually taking off on a actual reporting time.’’26 The scheduled As discussed above, a flightcrew flight. In those two scenarios, the time reporting time for an FDP is created member cannot take off on a flight spent taxiing to the holding spot and the once that FDP has been assigned to a segment if he knows that taking off on time spent at the holding spot would be flightcrew member. In order to change that flight segment will cause him to considered flight time. As the FAA’s this scheduled reporting time, the exceed the pertinent flight-time limit. In previous interpretations point out, the flightcrew member would have to be SWAPA and ALPA’s example, a fact that the airplane shuts down its shifted into either long-call or short-call flightcrew member exceeds his flight- engines at the holding spot is irrelevant reserve for the pertinent FDP. time limit while flying to an alternate for flight time purposes, as the airplane If long-call reserve is used to change airport. Thus, the flightcrew member has moved under its own power with the FDP start time, the flightcrew will have already exceeded the the intention of eventually taking off. In member would have to be provided pertinent flight-time limit upon landing APA’s third scenario, the airplane is proper notification of the change to the at the alternate airport. Accordingly, towed to the holding spot and does not previously-scheduled FDP. Pursuant to once the flightcrew member lands at the arrive to that spot on its own power. In the definition of long-call reserve in alternate airport, that flightcrew member that scenario, the time spent towing the § 117.3, a flightcrew member on long- cannot commence any flight segments airplane and the time that the airplane call reserve must be notified of the under part 117 until he/she receives a spends at the holding spot would not be change to FDP start time before he or legal rest period. flight time because that time occurs she begins the rest period specified in ii. Flight Time During a Taxiing Delay prior to when the aircraft first moves § 117.25. In addition, if the FDP under its own power. infringes on the window of circadian APA provided three scenarios in low (WOCL), § 117.21(d) requires that which an aircraft, prior to takeoff, waits iii. Repositioning From Customs to a Domestic Gate the flightcrew member receive a 12-hour for an hour at a holding spot on a ramp notice of the change to the FDP start and then takes off. In two of the Alaska Air asked whether time spent time. scenarios, the aircraft: (1) Taxies to the repositioning a plane from customs to a If short-call reserve is used to change holding spot under its own power, (2) domestic gate would constitute flight the FDP start time, the flightcrew shuts down its engines once it reaches time. For purposes of this question, we member would have to be placed on the holding spot; and (3) restarts its will assume that everyone, including short-call reserve at the time that his engines, finishes taxiing, and takes off the flightcrew, exits the plane at the FDP was originally scheduled to begin. once the one-hour wait is over. In the customs gate in order to go through In that scenario, instead of beginning an third scenario, the aircraft is towed to customs and passport control. FDP at the originally-scheduled start the holding spot for the one-hour wait, As discussed above, flight time time, the flightcrew member would and once the wait is over, restarts its ‘‘commences when an aircraft moves simply begin his reserve availability engines and proceeds to taxi out and under its own power for the purposes of period (RAP) pursuant to § 117.21. The takeoff. APA asked whether there was flight and ends when the aircraft comes FAA emphasizes that if an FDP start any difference as far as how flight time to rest after landing.’’25 An empty plane time is not changed pursuant to the is calculated for these three scenarios. that is parked at a customs gate has long-call or short-call reserve provisions Section 1.1 states that flight time come to a rest. As such, the flight time ‘‘commences when an aircraft moves from the previous flight segment flown of § 117.21, then the FDP begins at the time that it was originally scheduled to under its own power for the purposes of by that airplane is no longer running, as 27 flight and ends when the aircraft comes the plane has come to a rest after begin. to rest after landing.’’ The FAA has landing. When the airplane is ii. Adjusting the Number of Flight previously found that ‘‘the time spent subsequently moved from customs to a Segments towing the airplane prior to the moment domestic gate, that movement would A number of commenters asked it first moves under its own power for not be for purposes of flight because the whether a diversion on an unaugmented the purpose of flight is not flight purpose of the movement would be to flight counts as a flight segment in Table time.’’ 22 move the plane to another gate. However, once the airplane B that would change a flightcrew Accordingly, in Alaska Air’s scenario, moves under its own power with the member’s maximum FDP limit. moving an airplane from customs to a intention to eventually take off, that American Eagle (AE) asked whether domestic gate after a flight would not movement is part of flight time even if cancelling previously-scheduled flight constitute flight time. However, we note the airplane shuts down its engines at segments after an FDP has begun would 23 that, as discussed above, this movement some point during this process. Thus, affect the applicable FDP limit. Horizon the FAA concluded that if, before would be part of a flightcrew member’s FDP. asked whether a flight that is aborted takeoff, an airplane taxies to a de-icing after taxi out but before takeoff counts station on its own power, the de-icing G. Flight Duty Period: Unaugmented as a flight segment. Horizon also asked procedures are part of flight time even Operations whether, in that situation, the taxi-out if the airplane’s engines are shut down time would count as FDP and/or flight 24 i. Adjusting FDP Start Time during the de-icing process. time. Applying the above discussion to A number of commenters also asked The unaugmented FDP limits in Table APA’s scenarios, in the first two whether FDP start time of a flightcrew B are determined using two pieces of member could be delayed by notifying information: (1) The time that the FDP 22 Letter to James W. Johnson from Donald Byrne, that flightcrew member of the delay Assistant Chief Counsel (June 22, 2000) (quoting is scheduled to begin, and (2) the Memorandum to AGL–7, from Dewey R. Roark, Jr., before beginning his/her FDP. Acting Associate General Counsel, Regulations and In the preamble to the final flight, 26 77 FR at 358. Codification Division (Oct. 18, 1972)). duty, and rest rule, the FAA stated that 27 See id. (stating that an FDP begins to run at the 23 See Johnson Letter. time that it is scheduled to begin even if the 24 Id. 25 See § 1.1 (definition of flight time). flightcrew member arrives late).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14172 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

number of flight segments that will be of flying a plane and when the pilot within the 14-hour limit specified in flown during the FDP. Once an FDP completes his/her final flight segment. § 117.15(f). begins, the scheduled time of start With regard to cancelled flights, if a iii. Time Zone on Which Split Duty Rest cannot be changed, as that FDP has flight is cancelled before takeoff, then it is Based already started.28 However, a certificate does not count as a segment for Table holder can change the number of flight B purposes. This is because a flight Horizon and RAA asked whether the segments in an FDP after that FDP has segment consists of a takeoff and a time zone used for § 117.15(a) is started by either assigning the flightcrew landing, and the lack of a takeoff/ determined using base/acclimated or members additional flight segments or landing means that there is no flight local time. cancelling previously-scheduled flight segment. However, the taxi out time for Subsection 117.15(a) states that the segments. A change in the number of the cancelled flight segment would still split-duty rest opportunity must be flight segments assigned to a flightcrew constitute FDP time because the taxi out ‘‘provided between the hours of 22:00 member would change the pertinent would have taken place after the and 05:00 local time.’’ (emphasis FDP limit in Table B. flightcrew member reported for duty added). Thus, in order to determine Thus, a certificate holder could with the intention of conducting a compliance with § 117.15(a), the potentially decrease or increase the flight.30 If the aircraft moved under its certificate holder must use local time at applicable FDP limit by assigning own power for the taxi out, then the taxi the location where the split-duty rest is additional flight segments or cancelling out would also count as flight time being provided regardless of whether previously-assigned flight segments. For because the aircraft would have moved the flightcrew member is acclimated to example, consider a 3-segment under its own power for purposes of the theater that encompasses that unaugmented FDP that begins at 1100. flight.31 location. Pursuant to Table B, the FDP limit I. Flight Duty Period: Augmented H. Split Duty applicable to this FDP is 13 hours. Operations However, if the certificate holder i. Extending the 14-hour Split Duty i. Three-Flight-Segment Limit cancels one of the flight segments after Limit the FDP begins, then the pertinent FDP A4A and ALPA asked whether the A4A asked whether the maximum 14- three-flight-segment limit on augmented limit would increase to 14 hours, as that hour split duty limit could be extended. is the limit that applies to a 2-segment operations can be extended for In response, the FAA notes that diversions. ALPA also asked whether unaugmented FDP that starts between § 117.15(f) explicitly states that the 0700 and 1159. this limit could be extended if the combined time of the FDP and the split- diversion is for a fuel stop made The FAA cautions that changing the duty rest opportunity may not exceed 14 number of flight segments may not necessary by winds or other operational hours. Section § 117.15 does not issues. always change the pertinent FDP limit. indicate that there are any exceptions to For example, a flightcrew member could Subsection 117.17(d) prohibits an this 14-hour limit. Thus, if the augmented FDP from exceeding three be assigned to an unaugmented FDP combined split duty rest opportunity consisting of four flight segments that flight segments. However, as discussed and FDP time of a flightcrew member above, a diversion is not a flight begins at 0800. The applicable FDP limit exceeds 14 hours, then the amount of for that FDP would be 13 hours. If a segment. Accordingly, a diversion split duty rest that caused the would not count toward the 3-segment certificate holder subsequently cancels exceedance would not count as split one of the four segments, the applicable limit that applies to augmented duty. Instead, this time would simply operations. FDP limit would still be 13 hours count as part of the flightcrew member’s because Table B assigns the same FDP FDP, and it would be subject to the FDP ii. Mixed Operations limit to three and four-segment FDPs extensions specified in § 117.19. APA and ALPA asked whether that are scheduled to start between 0700 augmentation could be used to increase and 1159. ii. Actual Split Duty Rest Exceeding the limits on an FDP that is already in Turning to diversions, the portion of Scheduled Rest progress. The FAA will assume that the the final rule preamble that discusses An individual commenter asked about FDP in question began as an flight segments makes no mention of a a situation in which the actual split unaugmented FDP. diversion counting as a separate flight duty rest exceeds the scheduled split 29 In the preamble to the final flight, segment. Accordingly, because there duty rest. The individual commenter duty, and rest rule, the FAA explained was no intent to treat diversions as asked whether in that situation it would that ‘‘if an FDP contains both an flight segments, a diversion does not be the actual or scheduled rest that augmented and an unaugmented flight, constitute a new flight segment for would be considered split-duty rest that FDP is subject to the unaugmented purposes of part 117. However, we under § 117.15. FDP-limits set out in Table B and the emphasize that, while a diversion may Subsection 117.15(d) states that the unaugmented flight-time limits set out not count as a flight segment, the time actual split-duty rest opportunity may in Table A.’’ 32 Accordingly, an spent on diversion would still count for not be less than the scheduled split-duty unaugmented flightcrew member’s FDP purposes of the FDP and flight time rest opportunity. However, § 117.15 limit cannot be increased by augmenting limits. This is because the flight-time does not prohibit actual split-duty rest the flightcrew. limit applies to all time that is spent from exceeding the scheduled split-duty piloting an aircraft and the FDP limit rest. If the actual split-duty rest period iii. Time Each Augmented Flightcrew applies to all time between when a pilot exceeds the scheduled rest period, then Member Spends at the Controls first reports for duty with the intention the actual rest provided to the ALPA asked whether there is any flightcrew member would be considered restriction on the amount of time that 28 As discussed above, in order to change a each flightcrew member on an previously-scheduled FDP, a certificate holder must split-duty as long as that rest period is comply with the long-call-reserve notice augmented flightcrew can spend at the requirements. 30 See § 117.3. 29 See 77 FR at 356–57. 31 See § 1.1 (definition of flight time). 32 77 FR at 368.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14173

controls of the aircraft. Subsection the requirements for a Class 3 rest FDP, he would need to use the pre- 117.17(c) states that the pilot flying the facility. takeoff FDP extension because the plane aircraft during landing must be was not airborne at the time that the J. Flight Duty Period Extensions provided with a two-consecutive-hour flightcrew member realized that he in-flight rest opportunity in the second i. Determining Whether Pre or Post- would exceed the pertinent FDP limit. half of his/her FDP. This subsection also Takeoff FDP Extension Applies Since the pre-takeoff FDP extension is states that the pilot performing SWAPA asked whether the final limited to two hours, the flightcrew monitoring duties during landing must check for a pre-takeoff FDP extension is member in SWAPA’s example would be be provided with a 90-consecutive- done prior to takeoff. SWAPA provided unable to commence a segment that exceeds his FDP limit by over two minute in-flight rest opportunity. Apart an example in which after taxiing but hours. from these required rest opportunities, before takeoff a flightcrew member there is no restriction as to the amount Turning to ALPA’s example, the realizes that he/she will exceed the limit certificate holder has a high degree of of time that a pilot can spend at the of Table B or C by over two hours. controls of an aircraft during an confidence, before takeoff, that the SWAPA asked whether the flightcrew destination airport will be hit by a operation that meets the pertinent FDP, member in that example must return to flight time, and cumulative limits. typhoon. As discussed above, in order the gate instead of taking off. to utilize the post-takeoff FDP iv. Broken Rest Facility ALPA provided a scenario in which extension, the flightcrew and certificate an FDP is scheduled near the FDP limit holder have to have a reasonable ALPA asked a number of questions and the destination airport is forecast to about how to treat a rest facility that is expectation, prior to takeoff, that they be influenced by a typhoon. In that will complete the flight segment within broken. First, ALPA asked whether an scenario, the certificate holder elects, aircraft with a Class 3 rest facility can the pertinent FDP limit. Because the before takeoff, to operate the flight as certificate holder in this example has a continue to operate under the Class 3 originally scheduled while augmented FDP limits if the designated high degree of confidence that the simultaneously planning with a high destination airport will be hit by a rest seat is inoperative. Second, ALPA degree of confidence for a diversion that asked whether an aircraft with a Class typhoon, that certificate holder does not would exceed the pertinent FDP limit. have a reasonable expectation that the 2 rest facility with a non-functional ALPA asked whether the certificate privacy curtain would be subject to the flight segment will be completed as holder in this situation would be scheduled. Accordingly, the certificate Class 2 or Class 3 augmented FDP allowed to use the post-takeoff FDP limits. holder would need to utilize a pre- extension. takeoff FDP extension in order for the In order to qualify as a Class 1, 2, or Section 117.19 provides for two ways flightcrew in this example to exceed the 3 rest facility, a rest facility must meet to extend a flightcrew member’s FDP: pertinent FDP limits. the specific definition for the pertinent (1) A pre-takeoff FDP extension, and (2) class of rest facility set out in § 117.3. a post-takeoff FDP extension. The post- ii. Diversions and FDP Extensions The definitions of rest facility in § 117.3 takeoff FDP extension applies to an FDP ALPA posed the following scenario. presume that a rest facility is fully in which a situation arises after takeoff Unforeseen operational circumstances functional. Thus, if a required part of a that would cause a flightcrew member arise after takeoff that require a rest facility stops functioning, the to exceed the pertinent FDP limit. This diversion to an alternate airport without certificate holder would need to use the type of extension is more generous than an exceedance of the pertinent FDP minimum-equipment-list (MEL) a pre-takeoff FDP extension because limit. Once at the alternate airport, provisions of § 121.628 in order to once an airplane is in the air, ‘‘the completion of the FDP to the intended prevent a downgrade of that rest facility. certificate holder and pilot in command destination will require an FDP If the non-functional part of the rest have very little discretion concerning extension. ALPA asked whether the facility does not meet the pertinent MEL FDPs and flight time limits,’’ as they post-takeoff FDP extension would apply requirements, then that part cannot be cannot change the flightcrew while the to this scenario. SWAPA posed an used to meet the rest-facility standards plane is in the air.33 alternative scenario in which the set out in § 117.3. For situations that are known before flightcrew members’ FDP is extended Turning to ALPA’s questions, § 117.3 takeoff, the more stringent pre-takeoff in-flight by over two hours during the defines a Class 3 rest facility as ‘‘a seat FDP extensions can be utilized. That is diversion to an alternate airport. In this in an aircraft cabin or flight deck that because the certificate holder and pilot alternate scenario, SWAPA asked reclines at least 40 degrees and provides in command have more options for whether the flightcrew would have to leg and foot support.’’ If a seat is dealing with unexpected situations that immediately enter a rest period upon inoperative and cannot recline at least arise while the plane is still on the reaching the alternate airport. 40 degrees, then, if it does not satisfy ground. Thus, the distinction between As discussed above, a post-takeoff the MEL provisions of § 121.628, that pre- and post-takeoff FDP extensions FDP extension can be taken in response seat would not meet the requirements comes from determining whether the to a situation that arises after takeoff. for a Class 3 rest facility. Similarly, flightcrew member and certificate However, under § 117.19(b)(1), the post- § 117.3 states that a Class 2 rest facility holder had a reasonable expectation takeoff FDP extension only encompasses must, among other things, be ‘‘separated before takeoff that the flight segment the time ‘‘necessary to safely land the from passengers by a minimum of a would be completed within the aircraft at the next destination airport or curtain to provide darkness and some pertinent FDP limit. alternate airport, as appropriate.’’ Thus, sound mitigation.’’ If a rest facility does In SWAPA’s example a flightcrew the post-takeoff FDP extension not have a functional privacy curtain (or member realizes after taxi out but before terminates once the airplane has landed. something similar) then, if it does not takeoff that he will exceed the pertinent Applying the above discussion to satisfy the MEL provisions of § 121.628, FDP limit by over two hours. In order SWAPA’s example, a situation arises that rest facility would not meet the for this flightcrew member to extend his mid-flight that requires a diversion. The requirements for a Class 2 rest facility. diversion results in a flightcrew member That rest facility may, however, meet 33 77 FR at 371. exceeding his FDP limit by over two

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14174 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

hours. This exceedance is valid under ALPA also asked whether the PIC could K. Reserve the post-takeoff FDP extension because concur on the condition that only one i. Airport Reserve that extension permits a flightcrew hour of the two-hour FDP extension is member to finish the flight during utilized. A4A asked whether carriers APA asked whether the reserve period which unexpected circumstances arose. could use existing procedures for has to be physically located on airport However, the extension terminates once acknowledging joint responsibility property in order to be classified as the flight lands at the destination or between pilots and carriers for airport/standby reserve. Horizon, Alaska alternate airport. As such, the flightcrew extensions that exceed 30 minutes. Air, and RAA asked whether the time a member in SWAPA’s example would Under § 117.19(a)(1) the ‘‘pilot in pilot spends in airport reserve is have to terminate his FDP once he lands command and the certificate holder’’ considered FDP if that pilot does not at the alternate airport because at that must both concur in order to utilize an pilot a flight during the reserve period. time he would have exceeded the FDP extension. Thus, § 117.19(a)(1) Section 117.3 defines airport/standby pertinent FDP limit by over two hours requires PIC concurrence for all FDP reserve as a ‘‘duty period during which and the post-takeoff FDP extension extensions taken pursuant to § 117.19, a flightcrew member is required by a would cease applying once the plane even if the PIC is not the flightcrew certificate holder to be at an airport for has landed. member who is using the extension. If a possible assignment.’’ (emphasis Turning to ALPA’s example, a flight the PIC believes that the flightcrew is added). In order to ‘‘be at an airport,’’ is diverted but the diversion does not too fatigued for a two-hour FDP a flightcrew member would have to be result in exceedance of the pertinent extension, the PIC could concur to a physically located on airport property. FDP limit. Because the flightcrew shorter FDP extension that he/she Turning to Horizon, Alaska Air, and member’s FDP does not need to be believes could safely be carried out by RAA’s question, § 117.21(b) states that extended during the diversion, there is the flightcrew. We also note that, ‘‘[f]or airport/standby reserve, all time no need to utilize the post-takeoff FDP pursuant to § 117.5, each flightcrew spent in a reserve status is part of the extension. Once the plane lands at the member would also have to certify that flightcrew member’s flight duty period.’’ alternate airport, the PIC and certificate he/she would not be too fatigued to Thus, all time that is spent on airport/ holder could utilize the pre-takeoff FDP operate the aircraft during the standby reserve is part of a flightcrew extension to begin a new flight segment extension. member’s FDP regardless of what and fly the plane from the alternate A record of PIC concurrence can take happens during the airport/standby airport to the destination airport. any reasonable form as long as there is reserve. However, because the pre-takeoff FDP evidence that the PIC concurred with ii. Short-Call Reserve extension is limited to two hours, the the extension. For example, the PIC certificate holder would be able to use could note his/her concurrence with an 1. Determining What FDP Limit Applies this extension only if the new flight FDP extension on a flight release or in for Each FDP + Reserve Limit segment could be completed within the an ACARS message. ALPA and RAA asked at what time FDP-limit+two-hours timeframe. v. Using Multiple Extensions does a flightcrew member enter FDP Table B or C in order to determine the iii. Exceeding the Cumulative Limits A4A, Alaska Air, and AE posed a FDP + RAP limit. AE asked whether the ALPA posed another scenario in scenario in which a flightcrew that has RAP is associated with each specific which a flightcrew member’s FDP was already used their over-30-minute FDP crewmember. extended using a post-takeoff FDP extension discovers, after takeoff, that The short-call reserve regulations in extension. ALPA asked whether the they will need to again extend more § 117.21 limit the total number of hours post-takeoff FDP extension would than 30 minutes. The commenters asked that a flightcrew member on short call extend the flightcrew member’s whether the flightcrew in this scenario reserve may spend in a RAP and an cumulative limits for the duration of the would need to divert in order to comply FDP. For an augmented operation, flight or for the entire cumulative period with the pertinent FDP limits. under § 117.21(c)(4), the combined in which the flight took place. Under § 117.19(a)(2) and (b)(2), an number of hours spent in a RAP and an Under § 117.19(b)(3), a post-takeoff FDP extension of greater than 30 FDP may not exceed the pertinent FDP FDP extension allows a flightcrew minutes can only be taken once before limit in Table C plus four hours. For an member to exceed the cumulative FDP a flightcrew member is provided with unaugmented operation, under limits. However, as discussed above, a 30 hours of rest pursuant to § 117.25(b). § 117.21(c)(3), the combined number of post-takeoff FDP extension is limited in Thus, the flightcrew and the certificate hours spent in a RAP and FDP may not that it expires once the airplane lands. holder in the above example would be exceed the smaller of: (1) Pertinent FDP Once the flight on which the post- in violation of part 117 if the flightcrew limit in Table B plus four hours; or (2) takeoff extension was used has been exceeds the pertinent FDP limits. It is 16 hours.34 completed, the flightcrew member irrelevant that the exceedance in this The RAP and RAP + FDP limits, as would again be bound by the example was caused by unexpected well as the other limits in § 117.21, cumulative FDP limitations. Thus, the circumstances because, at the time of apply to each flightcrew member post-takeoff FDP extension allows a the exceedance, the flightcrew members individually. The pertinent FDP limit flightcrew member to exceed the had each already used up their one for the RAP + FDP regulations in cumulative FDP limits only to the extent over-30-minutes FDP extension. § 117.21 is determined using the time at necessary to complete the flight on Accordingly, once a flightcrew member which the FDP begins. The examples which the extension is utilized. uses up their FDP extension, the FAA below help illustrate how the RAP + strongly recommends that the certificate iv. PIC Concurrence in FDP Extension FDP limit works. holder: (1) adds buffers to that For the first example, an acclimated ALPA asked whether the PIC needed crewmember’s schedule to account for flightcrew member begins a RAP at to concur if the PIC does not need an possible unexpected events; and (2) 0600. That flightcrew member is then FDP extension but another flightcrew provides the crewmember with a 30- member needs an FDP extension in hour rest period as soon as possible in 34 This is subject to the FDP extensions specified order to finish the assigned schedule. order to reset the FDP extension. in § 117.19.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14175

assigned to an unaugmented FDP that sleep opportunity immediately before 4. Additional Questions begins at 1200 and consists of two flight the RAP. Thus, a flightcrew member APA provided a scenario in which a segments. According to Table B, the cannot begin a RAP immediately after pilot is assigned to a RAP. After 3 hours FDP limit for a two-segment FDP that ending an FDP because that flightcrew of being on-call during the RAP, the begins at 1200 is 13 hours. The member would not have received 10 applicable 13-hour FDP limit plus 4 pilot is contacted to report for an FDP hours of rest immediately before of 10 hours, all of which is in hours equals 17 hours. Because this is beginning the RAP. greater than 16 hours, under compliance with the pertinent § 117.21(c)(3), the pertinent RAP + FDP However, as discussed above, the provisions of part 117. APA asked how limit for this unaugmented operation is number of flight segments in an FDP can much of this time would count toward 16 hours. Given that the flightcrew be changed after an FDP begins. Thus, the cumulative FDP limitation of 60 member in this example began his RAP in RAA’s example a certificate holder hours in a 168-hour period. APA also at 0600, he will have 6 hours of RAP could utilize a flightcrew member’s asked whether this answer would time by the time his FDP will start at remaining allowable FDP time by change if the FDP was assigned during 1200. As a result, to stay within the 16- adding three more flight segments to the airport reserve instead of short-call hour RAP + FDP limit, this flightcrew flightcrew member’s FDP. However, the reserve. member’s FDP cannot exceed 10 hours FAA emphasizes that: (1) the addition of Short-call reserve consists of: (1) a without an extension, as his RAP will flight segments to an FDP will require RAP, and (2) an FDP if the FDP is use up 6 hours of the 16-hour RAP + a recalculation of the pertinent FDP assigned during the reserve. The RAP is FDP limit. limit in Table B using the updated not part of an FDP, and as such, the time For the second example, an number of flight segments; and (2) the spent on an FDP is the only aspect of acclimated flightcrew member begins a flightcrew member will have to reaffirm short-call reserve that is counted toward RAP at 1100. That flightcrew member is his or her fitness for duty before the cumulative FDP limits. Thus, the 10 then assigned to an unaugmented FDP beginning each flight segment. hours that the pilot in APA’s example consisting of five flight segments that spent on an FDP would count toward begin at 1500. According to Table B, the 3. Early Termination of a RAP the cumulative FDP limits while the 3- FDP limit for a five-segment FDP that APA asked whether a pilot could be hours that pilot spent on a RAP would begins at 1500 is 11.5 hours. The released from a RAP early without not count toward those limits. applicable 11.5-hour FDP limit plus 4 serving the entire permitted RAP period. This situation would change if the hours equals 15.5 hours. Because this is APA also asked whether there is a pilot was to be assigned to airport/ smaller than 16 hours, under requirement for a pilot in these standby reserve instead of short-call § 117.21(c)(3), the pertinent FDP + RAP reserve. Under § 117.21(b), the entire limit for this unaugmented operation is circumstances to receive a physiological night’s rest. RAA provided an example time that is spent in airport/standby 15.5 hours. Since the flightcrew member reserve is considered to be FDP. Thus, in this example began his RAP at 1100, in which a pilot is assigned a RAP of 0700 to 2100. At 0800, the air carrier if the pilot in APA’s example was to be he will have 4 hours of RAP time by the assigned to airport/standby reserve, the time his FDP will start at 1500. contacts the pilot and notifies him that his RAP has ended. The carrier then entire 13 hours that he spends on Consequently, this flightcrew member reserve would be counted toward the can take the full 11.5-hour FDP as the notifies the pilot that he is being given 10 hours of rest, and that he will begin cumulative FDP limits, as well as the 11.5-hour FDP plus the 4 hours of RAP daily FDP limits. will not exceed the 15.5-hour RAP + a new RAP at 1800. RAA asks whether FDP limit. the air carrier’s actions in this scenario iii. Long-Call Reserve are permissible under part 117. 2. Rest Period Before Being Assigned A ALPA asked a number of questions RAP The regulations in § 117.21 do not about long-call reserve. First, ALPA prohibit a certificate holder from asked whether, for long-call reserve that RAA asked whether § 117.21 allows a releasing a flightcrew member from a RAP to be assigned upon completion of operates into the WOCL, the regulations RAP early. Thus, a flightcrew member a multi-day trip when the flightcrew require 12 hours of notice before completes a RAP once he or she has member still has not reached the FDP beginning the FDP or 12 hours of rest. been released from that RAP by the limits specified in Table B. To illustrate Second, ALPA also asked whether the its question, RAA provided the certificate holder. However, once the 12-hour notice is required for an FDP following scenario. A reserve pilot is flightcrew member is released from a that starts during the WOCL. Third, assigned a three-day trip. On Day 3, he RAP, § 117.25(e) requires that the ALPA asked whether the WOCL is begins an FDP at 0700, and flies one flightcrew member be provided with 10 determined using local time or last- flight segment until 1430. Upon hours of rest that include 8 acclimated time. Finally, ALPA asked completion of the one flight segment, uninterrupted hours of sleep whether this same 12-hour-notice the flightcrew member arrives back on opportunity before the flightcrew requirement applied to short-call base and the carrier assigns him 3 member begins a new RAP. Section reserve. additional flight segments. RAA stated 117.25 does not require that this rest For long-call reserve, § 117.21(d) that the revised schedule would not period be provided during a requires that flightcrew members exceed the pertinent FDP or flight time physiological night. Thus, RAA’s assigned to an FDP ‘‘that will begin limitations, and it would also not example in which a certificate holder before and operate into the flightcrew exceed any cumulative limitations. RAA terminates a RAP early and then member’s window of circadian low asked whether this schedule would be provides the flightcrew member with 10 * * * must receive a 12 hour notice of permissible under § 117.21. hours of rest would be permissible report time from the certificate holder.’’ Subsection 117.25(e) prohibits a under § 117.21 and § 117.25 because the Because this regulatory text specifies a flightcrew member from beginning a certificate holder in that example would ‘‘notice of report time’’ and does not set RAP unless that flightcrew member provide a legal rest period between two out any rest requirements, § 117.21(d) receives 10 hours of rest with an 8-hour RAPs. only requires a 12-hour notice and not

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14176 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

a 12-hour rest period for long-call be allowed to begin a new flight her sleep has been interrupted, then the reserve that operates into the WOCL. segment from the alternate airport. flightcrew member must notify the air carrier of the interruption. For this In addition, the 12-hour notice M. Rest Period requirement is only applicable to FDPs determination, it is irrelevant whether that ‘‘begin before and operate into’’ the i. Sleep Opportunity the interruption to the flightcrew WOCL. Thus, this requirement would 1. Definition of Sleep Opportunity member’s sleep was caused by the air not apply to an FDP that begins during carrier. the WOCL, as that FDP would not begin APA asked the FAA to define Taking the fire alarm example, if the before the WOCL. The time zone from ‘‘uninterrupted sleep opportunity.’’ fire alarm sounds for only a few the flightcrew member’s last-acclimated APA also asked whether the sleep seconds, some flightcrew members may theater is used to determine the WOCL opportunity has to take place at a have no problem getting back to sleep, period. This is because part 117 specific location, such as the flightcrew and they may determine that their sleep explicitly states when local time is to be member’s home. was not interrupted. Conversely, other Subsection 117.25(e) requires a used instead of last-acclimated time,35 flightcrew members may find it difficult certificate holder to provide a flightcrew and § 117.21(d) does not instruct the to get back to sleep even if their sleep member with 10 hours of rest that certificate holder to use local time. was interrupted for only a short period includes an 8-hour uninterrupted sleep Finally, the 12-hour notice requirement of time. These flightcrew members may opportunity immediately before the does not apply to short-call reserve determine that their sleep opportunity flightcrew member begins a reserve or because the requirements of § 117.21(d) was interrupted, at which point they FDP. Subsection 117.25(f) requires the apply only to long-call reserve. would have to notify the carrier of the flightcrew member to notify the interruption. L. Cumulative Limitations certificate holder if he or she determines that his/her rest period will not provide ii. Requirement To Perform a Task A4A and ALPA asked whether the an 8-hour uninterrupted sleep During a Rest Period flight time and FDP cumulative limits opportunity. were hard limits or whether they could A4A and ALPA asked whether A sleep opportunity generally be extended under certain carriers could require a pilot to check a commences once a flightcrew member is circumstances. ALPA provided the calendar, text, or email during a rest at a location where the flightcrew following example. The return segment period. AE asked whether a pilot could member can reasonably be expected to of a trans-oceanic flight is scheduled check the schedule/calendar voluntarily go to sleep and not have that sleep within all FDP and flight-time limits. during a rest period. interrupted. The sleep opportunity does Due to unforeseen circumstances, the During a rest period, a crewmember not need to take place at the flightcrew flight holds for an extended period and must be free from all restraint by the member’s home, but it must take place 38 then diverts to an alternate airport. In certificate holder. If a crewmember is at a location where the flightcrew order to begin a new flight segment from required to do something by the member can reasonably expect to obtain the alternate airport and complete the certificate holder, then that 8 hours of uninterrupted sleep. In original schedule, one of the flightcrew crewmember is not free from all addition, as the FAA pointed out in the members would have to exceed one of restraint, and that crewmember is not on preamble to final rule, specific sleep the cumulative flight time or FDP limits. a valid rest period. Accordingly, a situations ‘‘are difficult to capture in a ALPA asked whether the flightcrew certificate holder cannot require a regulatory standard.’’37 That is why member would be allowed to exceed the flightcrew member to perform any tasks § 117.25(f) requires the flightcrew cumulative FDP limitations in this case. during a rest period, including tasks member to notify the certificate holder The cumulative FDP and flight time such as checking the schedule/calendar, if the flightcrew member determines checking a text message, or checking an limits of part 117 are set out in § 117.23. that he or she cannot get the requisite While these are generally hard limits, email message. amount of uninterrupted sleep. However, if a flightcrew member they can be extended in certain performs a task of his/her own volition circumstances. For example, a post- 2. Interruptions to the Sleep without being required to perform the takeoff FDP extension taken under Opportunity That Are Not Caused by task by the certificate holder, then that § 117.19(b)(3) would be permitted to Carrier task is not a restraint imposed by the exceed the cumulative limits of § 117.23 A4A, APA, and AE asked whether an certificate holder. Thus, it is permissible and the flight-time limits of § 117.11 interruption not from the air carrier, for a flightcrew member to voluntarily while a pre-takeoff FDP extension such as a hotel fire alarm, would decide to check the schedule/calendar would not be permitted to exceed those interrupt the 8-hour sleep opportunity. during his or her rest period. We limits.36 A4A and AE asked whether the emphasize, however, that a flightcrew In ALPA’s example a flightcrew flightcrew member is required to inform member’s decision to perform a task member who is at an alternate airport the carrier if a sleep opportunity has during a rest period must be entirely seeks to begin a new flight segment that been interrupted. voluntary. would exceed the cumulative FDP Subsection 117.25(f) requires a limits. Because that flightcrew member flightcrew member to notify the air iii. One-Phone Call Rule knows before takeoff that he will exceed carrier if the flightcrew member A number of commenters asked the pertinent limits, he cannot utilize determines that his/her rest period will whether the required 8-hour sleep the post-takeoff FDP extension. Since not provide 8 hours of uninterrupted opportunity eliminates the one-phone- the pre-takeoff FDP extension does not sleep. This section provides the call rule or places additional restrictions allow a flightcrew member to exceed the flightcrew member with discretion to on when the phone call can be made. cumulative FDP limits, the flightcrew determine whether his or her sleep has ALPA asked whether a flightcrew member in ALPA’s example would not been interrupted. However, if the member is required to notify the flightcrew member determines that his/ 35 See, e.g., § 117.15(a). 38 Letter to Glenn Jimenez from Rebecca 36 See § 117.19(a)(3). 37 77 FR at 383. MacPherson (June 9, 2011).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14177

certificate holder if the certificate A rest period must be prospective in place the flightcrew member on short- holder’s phone call prevents the nature, which means that a flightcrew call reserve. flightcrew member from receiving an 8- member must be told in advance that he These circumstances change if a hour sleep opportunity. or she will be on a rest period for a flightcrew member decides, on his/her The FAA has a ‘‘one phone call’’ specified duration. This is so that a own initiative, to pick up a trip from policy that ‘‘generally allows a flightcrew member has an opportunity open time, as the regulations do not certificate holder to initiate one phone to plan out his or her rest period in prohibit this practice as long as the call during [a] crewmember’s rest order to maximize the sleep flightcrew member has received the period.’’39 If the crewmember opportunities available during that rest required rest. However, the FAA voluntarily chooses to answer this period. cautions flightcrew members that phone call, then the FAA does not view In this case § 117.25(b) requires that a § 117.5(a) requires a flightcrew member the call as disruptive and breaking the flightcrew member be provided with a to ‘‘report for any flight duty period rest period.40 The sleep-opportunity 30-consecutive-hour rest period in the rested and prepared to perform his or requirements of § 117.25 do not 168-hour period immediately preceding her assigned duties.’’ The preamble to eliminate this policy. However, the FAA an FDP. Because a flightcrew member the final rule explains that this cautions that a flightcrew member may would need to plan ahead in order to provision was added to the regulations have difficulty getting back to sleep after maximize the multiple sleep to, among other things, ‘‘discourage being woken up by a certificate holder’s opportunities available during this 30- flightcrew-member practices such as phone call. In that situation, a hour rest period, the flightcrew member picking up extra hours.’’ 44 Thus, while flightcrew member may notify the must be told before the rest period a flightcrew member is free to certificate holder, pursuant to begins that he/she will be receiving 30 voluntarily pick up extra flight hours § 117.25(f), that his or her sleep hours of rest in order for that rest to from open time, the flightcrew member opportunity has been interrupted. Thus, satisfy § 117.25(b). The FAA notes that may be in violation of § 117.5(a) if this a certificate holder runs the risk of this approach is consistent with a 1991 activity results in the flightcrew member interrupting a flightcrew member’s sleep interpretation in which the FAA stated becoming unduly fatigued. opportunity if the certificate holder calls that a pertinent rest period had to be Turning to ALPA’s other question, if a flightcrew member during the identified in advance as a 24-hour rest a flightcrew member is not on a rest flightcrew member’s rest period. period in order for that rest period to period, the certificate holder may contact the flightcrew member to iv. Point of Reference for the 30-Hour satisfy a regulation requiring 24 hours of 43 schedule a flight assignment.45 Rest Period rest. However, pursuant to § 117.25(b) and An individual commenter asked vi. Assigning an FDP (e), the certificate holder would then whether the point of reference for the A4A and Alaska Air asked whether a need to provide that flightcrew member 168-hour period specified in § 117.25(b) rest period that is longer than the with the requisite rest period prior to was the beginning of an FDP or the end regulatory minimum could be beginning the FDP. The certificate of an FDP. terminated early if the resulting rest holder would also have to follow the Subsection 117.25(b) originally stated satisfied the minimum regulatory FDP notification requirements of long- that ‘‘[b]efore beginning any reserve or requirements. ALPA asked whether an call reserve, as this type of contact and flight duty period a flightcrew member air carrier could contact a flightcrew FDP assignment would qualify as long- must be given at least 30 consecutive member when the flightcrew member is call reserve pursuant to the definition of hours free from all duty in any 168 off duty but not on a rest period to give that term in § 117.3. consecutive hour period.’’ In May 2012, a flight assignment. If so, ALPA the FAA issued a correction, changing vii. Requirements of § 117.25(d) questioned whether the carrier must the regulatory text of this subsection to provide at least 10 hours of rest prior to A4A and AE asked whether require 30 hours free from all duty the flight assignment. ALPA also asked § 117.25(d) requires 60 degrees of travel ‘‘within the past 168 consecutive hour whether a flightcrew member could in one direction and 168 consecutive period.’’41 The FAA’s correction voluntarily elect to ‘‘pick up a trip’’ hours away from the flightcrew explained that this change was made ‘‘to from open time if he or she will have member’s home base together to trigger clarify that the ‘168 consecutive hour the requisite rest prior to the report time the 56 consecutive hours of rest period’ is the period that precedes the for that trip. requirement. ALPA asked whether the beginning of the flight duty period.’’42 rest requirement of § 117.25(d) would As discussed above, the start of a Thus, the point of reference for the 168- trigger if a flightcrew member never previously-scheduled FDP can only be hour period specified in § 117.25(b) is enters a new theater. ALPA also changed by utilizing the reserve the beginning of an FDP. provided an example in which a provisions of § 117.21. As such, a flightcrew member flies a series of two v. Prospective Identification of a Rest certificate holder that wishes to bump 144-hour time-away-from-base trips Period up the time of a previously-scheduled which are separated by a 10-hour rest FDP would have to provide the APA asked whether the 30-hour rest period at home base. ALPA asked flightcrew member with the pertinent period in § 117.25(b) has to be whether this situation would trigger the long-call-reserve notice of the FDP prospectively identified. More 56-hour rest requirement of § 117.25(d). specifically, APA asked whether a rest change. Alternatively, if a certificate Subsection 117.25(d) requires that a period that is scheduled for less than 30 holder anticipates that it may need to flightcrew member be given a minimum hours can be extended to 30 hours to call in a flightcrew member for an FDP, of 56 consecutive hours of rest upon satisfy the requirements of § 117.25(b). then that certificate holder should return to home base if that flightcrew provide the flightcrew member with the 39 Id. required 10-hour rest period and then 44 77 FR at 348. 40 Id. 45 This answer assumes that the flightcrew 41 77 FR 28763, 28764 (May 16, 2012). 43 Letter to B. Stephen Fortenberry from Donald member is not on short-call or airport/standby 42 Id. at 28763. P. Byrne (June 24, 1991). reserve at the time of the contact.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14178 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

member has been away from home base provided the following scenario. A If the entire assignment in RAA and for more than 168 consecutive hours as flightcrew member reports for duty at AE’s scenario consisted of deadhead part of an FDP or series of FDPs that 0430 and operates a single flight that transportation, then the total amount of required that flightcrew member to blocks in at 0800. At 1100 he starts to deadhead transportation, which would travel more than 60 degrees longitude.46 deadhead to another city to fly the next take place from 0430 to 1530, would be Thus, in order to trigger the 56-hour rest day and the series of deadhead flights 11 hours. This would exceed the requirement of § 117.25(d), a flightcrew arrives at 1530. RAA and AE asked how pertinent limits of Table B, as the member must satisfy both of the much rest this flightcrew member highest FDP limit for an FDP that begins following requirements: (1) The would need. RAA also asked how much at 0430 is 10 hours. Accordingly, flightcrew member has to be away from rest this flightcrew member would need § 117.25(g) would require a home base for over 168 consecutive if this entire assignment had consisted compensatory rest period equal to the hours; and (2) the time away from home solely of deadhead transportation. length of the deadhead transportation base must take place during FDP(s) that Subsection 117.25(g) states that ‘‘[i]f a before the flightcrew member begins a require the flightcrew member to travel flightcrew member engaged in deadhead new FDP. In this case, the length of the over 60 degrees longitude. transportation exceeds the applicable compensatory rest period would be 11 The requirement to travel over 60 flight duty period in Table B of this part, hours. degrees longitude refers to travel in a the flightcrew member must be given a N. Consecutive Nighttime Operations single direction, as a flightcrew member rest period equal to the length of the who travels 30 degrees in one direction deadhead transportation’’ but not less i. Applicability to Augmented and then 30 degrees back would wind than the 10-hour rest period required by Operations up in the same place where he started. § 117.25(e). Because Table B is used to A4A asked whether the consecutive- Because this requirement does not refer calculate FDPs, the total length of the night-provisions of § 117.27 apply to to theaters, it is irrelevant whether a deadhead is determined in a similar augmented operations. flightcrew member changes theaters manner as the total length of an FDP. Section 117.27 requires that a during his/her FDP(s)—all that matters More specifically, flight segments that flightcrew member be provided with a is whether the flightcrew member has are not separated by a ‘‘required two-hour mid-duty rest break during traveled more than 60 degrees longitude intervening rest period’’ 47 would be each consecutive FDP that infringes on in one direction away from home base. considered part of the same deadhead. the WOCL in order for that flightcrew Turning to ALPA’s example, in that As discussed above, a ‘‘required member to be scheduled for more than example, a flightcrew member goes on intervening rest period’’ refers to a rest three consecutive nighttime FDPs. The two trips each of which requires him to period specified by § 117.25. Thus, two preamble to the final rule rejected a spend 144 hours away from home base deadhead segments that are separated commenter’s suggestion to exempt and has a rest period at home base by a five-hour rest period would be augmented operations from this between the trips. Because each trip considered a single deadhead period provision. 48 The preamble explained does not exceed 168 hours away from because five hours is not a required this decision by pointing out that home base, each of these trips is intervening rest period. Conversely, two augmented operations need the insufficient to trigger the rest deadhead segments separated by 10 mitigation provided by nighttime mid- requirement of § 117.25(d). In addition, hours of rest with an 8-hour sleep duty breaks to the same extent as it is important to note that a flightcrew opportunity would constitute two unaugmented operations.49 member must be away from home base separate deadhead periods, as they Accordingly, the consecutive-night for more than 168 ‘‘consecutive’’ hours would be separated by a required provisions of § 117.27 apply to in order to trigger the rest requirement intervening rest period. augmented operations that infringe on in § 117.25(d). Because the two trips in Turning to RAA and AE’s scenario, a the WOCL. ALPA’s example were separated by a flightcrew member reports for a one- ii. Applicability to FDPs That Begin rest period at home base, the time away segment FDP at 0430 and flies a single During the WOCL from home for these two trips cannot be flight segment that concludes at 0800. A4A, Jeppesen, and Alaska Air asked combined for § 117.25(d) purposes, as The FAA will assume that this whether an FDP that begins during the that time away from home was not flightcrew member is acclimated. WOCL infringes on the WOCL for consecutive. Thus, ALPA’s example Because the flightcrew member purposes of § 117.27. would not trigger the rest requirements concludes his one flight segment at of § 117.25(d), as the flightcrew member As discussed above, § 117.27 0800, his FDP terminates at that time. prohibits a flightcrew member from in that example would not spend over Then, at 1100, the flightcrew member 168 consecutive hours away from home accepting and a certificate holder from begins a series of deadhead flights that scheduling five consecutive FDPs ‘‘that base. It would, however trigger the 30- terminate at 1530. This deadhead hour consecutive-rest requirement of infringe on the window of circadian assignment consists of 4.5 hours (the low’’ if the flightcrew member assigned § 117.25(b) once the flightcrew member time from 1100 to 1530). While RAA reached 168 hours. to these FDPs does not receive mid-duty and AE have not specified how many rest periods that are specified in viii. Deadheading flight segments make up this deadhead § 117.27. In the preamble to the final assignment, the 4.5 hours of this The National Air Carrier Association rule, the FAA explained that ‘‘[t]he assignment would be well within the (NACA) asked how the compensatory consecutive-night limit is intended to bounds of any of the FDP limits in Table rest for deadheading is calculated if the apply to FDPs that infringe on the B. Because this deadhead assignment deadhead has multiple legs with a WOCL because operations conducted has not exceeded the pertinent FDP sleep/rest opportunity between during the WOCL significantly increase limits of Table B, § 117.25(g) would not deadhead segments. RAA and AE cumulative fatigue.’’ 50 Accordingly, an require a compensatory rest period in

this case. 48 46 See 77 FR at 383 (explaining § 117.25(d)). The 77 FR at 376. FAA intends to issue a correction clarifying the 49 Id. regulatory language in § 117.25(d). 47 See § 117.3 (FDP definition). 50 Id. at 376.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14179

FDP ‘‘infringe[s] on the window of O. Applicability to Flight Attendants I. Background circadian low’’ for the purposes of Alaska Air asked whether flight This rule implements the Debt § 117.27 if any portion of that FDP takes attendants operating under part 117 Collection Improvement Act of 1996 place during the WOCL. 1 must comply with the fatigue education (‘‘DCIA’’). The DCIA amended the Thus, an operation that begins during and awareness training program Federal Civil Penalties Inflation the WOCL would ‘‘infringe on the provisions of § 117.9. Alaska Air also Adjustment Act of 1990 (‘‘FCPIAA’’) 2 to window of circadian low’’ and be asked whether these flight attendants require each federal agency to adopt subject to § 117.27 because a portion of must declare their fitness for duty regulations at least once every four years that operation would be conducted pursuant to the provisions of § 117.5. that adjust for inflation the maximum during the WOCL. An operation that If a flight attendant operates under amount of the civil monetary penalties remains entirely free of the WOCL part 117, that flight attendant must (‘‘CMPs’’) under the statutes 3 would not ‘‘infringe on the window of comply with the provisions of part 117 administered by the agency. circadian low’’ for the purposes of that apply to flightcrew members. A civil monetary penalty (‘‘CMP’’) is § 117.27 because no portion of that Flightcrew members are required to defined in relevant part as any penalty, operation would be conducted during declare their fitness for duty pursuant to fine, or other sanction that: (1) Is for a the WOCL. § 117.5(d) and go through fatigue specific amount, or has a maximum amount, as provided by federal law; and education and awareness training iii. How Often the Mid-Duty Break Must (2) is assessed or enforced by an agency pursuant to § 117.9. Accordingly, these Be Provided in an administrative proceeding or by a requirements would also extend to flight federal court pursuant to federal law.4 ALPA asked whether the two-hour attendants operating under part 117. mid duty rest break must be given on This definition covers the monetary Issued in Washington, DC, on February 28, penalty provisions contained in the the day a pilot first reports for duty if 2013. he or she is scheduled for five days of statutes administered by the Mark Bury, flight that infringe on the WOCL. Commission. In addition, this definition Acting Assistant Chief Counsel for encompasses the civil monetary Section 117.27 requires that, in order International Law, Legislation, and penalties that may be imposed by the to exceed three consecutive nighttime Regulations Division, AGC–200. Public Company Accounting Oversight FDPs, the two-hour mid-duty rest break [FR Doc. 2013–05083 Filed 3–4–13; 8:45 am] Board (the ‘‘PCAOB’’) in its disciplinary be given ‘‘during each of the BILLING CODE 4910–13–P proceedings pursuant to 15 U.S.C. consecutive nighttime duty periods’’ 7215(c)(4)(D).5 that infringe on the WOCL. Accordingly, The DCIA requires that the penalties if a pilot is scheduled for five be adjusted by the cost-of-living consecutive FDPs that infringe on the SECURITIES AND EXCHANGE adjustment set forth in Section 5 of the WOCL, that pilot must be provided with COMMISSION FCPIAA.6 The cost-of-living adjustment a two-hour mid-duty break during each is defined in the FCPIAA as the of those FDPs. This would include the 17 CFR Part 201 percentage by which the U.S. first FDP in the series that infringes on Department of Labor’s Consumer Price the WOCL. [Release Nos. 33–9387; 34–68994; IA–3557; Index for all-urban consumers (‘‘CPI– iv. Whether Reserve Triggers § 117.27 IC–30408] U’’) 7 for the month of June for the year preceding the adjustment exceeds the SWAPA asked whether a RAP that Adjustments to Civil Monetary Penalty CPI–U for the month of June for the year infringes on the WOCL would trigger Amounts in which the amount of the penalty was the requirements of § 117.27. Horizon last set or adjusted pursuant to law.8 AGENCY: Securities and Exchange and RAA asked whether a pilot can be Commission. The statute contains specific rules for scheduled for more than 3 consecutive rounding each increase based on the airport reserve periods that infringe on ACTION: Final rule. size of the penalty.9 Agencies do not the WOCL. have discretion over whether to adjust SUMMARY: This rule implements the a maximum CMP, or the method used Section 117.27 only applies to ‘‘flight Federal Civil Penalties Inflation duty periods that infringe on the Adjustment Act of 1990, as amended by 1 Public Law 104–134, 110 Stat. 1321–373 (1996) window of circadian low.’’ Because a the Debt Collection Improvement Act of reserve availability period is not a flight (codified at 28 U.S.C. 2461 note). 1996. The Commission is adopting a 2 duty period, a RAP does not trigger the 28 U.S.C. 2461 note. rule adjusting for inflation the 3 Increased CMPs apply only to violations that requirements of § 117.27. However, if a maximum amount of civil monetary occur after the increase takes effect. flightcrew member on short-call reserve penalties under the Securities Act of 4 28 U.S.C. 2461 note (3)(2). is assigned an FDP at least a portion of 1933, the Securities Exchange Act of 5 The Commission may by order affirm, modify, remand, or set aside sanctions, including civil which takes place during the WOCL, 1934, the Investment Company Act of that FDP would infringe on the WOCL monetary penalties, imposed by the PCAOB. See 1940, the Investment Advisers Act of Section 107(c) of the Sarbanes-Oxley Act of 2002, for purposes of § 117.27. 1940, and certain penalties under the 15 U.S.C. 7217. The Commission may enforce such Turning to airport/standby reserve, Sarbanes-Oxley Act of 2002. orders in federal district court pursuant to Section § 117.21(a) states that ‘‘[f]or airport/ 21(e) of the Securities Exchange Act of 1934. As a DATES: Effective Date: March 5, 2013. result, penalties assessed by the PCAOB in its standby reserve, all time spent in a disciplinary proceedings are penalties ‘‘enforced’’ reserve status is part of the flightcrew FOR FURTHER INFORMATION CONTACT: by the Commission for purposes of the Act. See member’s flight duty period.’’ Because James A. Cappoli, Senior Special Adjustments to Civil Monetary Penalty Amounts, time spent in airport/standby reserve is Counsel, Office of the General Counsel, Release No. 33–8530 (Feb. 4, 2005) [70 FR 7606 at (202) 551–7923, or Miles S. Treakle, (Feb. 14, 2005)]. considered to be part of an FDP, 6 Senior Counsel, Office of the General 28 U.S.C. 2461 note (5). consecutive airport reserve periods that 7 28 U.S.C. 2461 note (3)(3). infringe on the WOCL would trigger the Counsel, at (202) 551–3609. 8 28 U.S.C. 2461 note (5)(b). requirements of § 117.27. SUPPLEMENTARY INFORMATION: 9 28 U.S.C. 2461 note (5)(a)(1)–(6).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14180 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

to determine the adjustment. Although for inflation. Because the Commission the notice and comment provisions of the DCIA imposes a 10 percent last adjusted this CMP in 2009, we use the APA.15 Specifically, the maximum increase for each penalty for the CPI–U for June of 2009, which was Commission finds that because the the first adjustment pursuant thereto, 215.693. adjustment is mandated by Congress that limitation does not apply to Second, we calculate the cost-of- and does not involve the exercise of subsequent adjustments. living adjustment or inflation factor. To Commission discretion or any policy The Commission administers four do this we divide the CPI for June of judgments, public notice and comment statutes that provide for civil monetary 2012 (229.478) by the CPI for June of is unnecessary.16 penalties: The Securities Act of 1933; 2009 (215.693). Our result is 1.0639. Under the DCIA, agencies must make the Securities Exchange Act of 1934; the Third, we calculate the raw inflation the required inflation adjustment to Investment Company Act of 1940; and adjustment (the inflation adjustment civil monetary penalties: (1) According the Investment Advisers Act of 1940. In before rounding). To do this, we to a very specific formula in the statute; addition, the Sarbanes-Oxley Act of multiply the maximum penalty amounts and (2) within four years of the last 2002 provides the PCAOB (over which by the inflation factor. In our example, inflation adjustment. Agencies have no the Commission has jurisdiction) $1,425,000 multiplied by the inflation discretion as to the amount of the authority to levy civil monetary factor of 1.0639 equals $1,516,058. adjustment and have limited discretion penalties in its disciplinary Fourth, we round the raw inflation as to the timing of the adjustment, in proceedings.10 Penalties administered amounts according to the rounding rules that agencies are required to make the by the Commission were last adjusted in Section 5(a) of the FCPIAA. Since we adjustment at least once every four by rules effective March 3, 2009.11 The round only the increase amount, we years. The regulation discussed herein DCIA requires the civil monetary calculate the increased amount by is ministerial, technical, and penalties to be adjusted for inflation at subtracting the current maximum noncontroversial. Furthermore, because least once every four years. The penalty amounts from the raw the regulation concerns penalties for Commission is therefore obligated by maximum inflation adjustments. conduct that is already illegal under statute to increase the maximum Accordingly, the increase amount for existing law, there is no need for amount of each penalty by the the maximum penalty in our example is affected parties to have thirty days prior appropriate formulated amount. $91,072 (i.e., $1,516,058 less to the effectiveness of the regulation and Accordingly, the Commission is $1,425,000). Under the rounding rules, amendments to adjust their conduct. adopting an amendment to 17 CFR part if the penalty is greater than $200,000, Accordingly, the Commission believes 201 to add § 201.1005 and Table V to we round the increase to the nearest that there is good cause to make this Subpart E, increasing the amount of multiple of $25,000. Therefore, the regulation effective immediately upon 17 each civil monetary penalty authorized maximum penalty increase in our publication. by the Securities Act of 1933, the example is $100,000. A. Economic Analysis Securities Exchange Act of 1934, the Fifth, we add the rounded increase to Investment Company Act of 1940, the The Commission is sensitive to the the maximum penalty amount last set or costs and benefits that result from its Investment Advisers Act of 1940, and adjusted. In our example, $1,425,000 certain penalties under the Sarbanes- rules. This regulation merely adjusts plus $100,000 yields a maximum civil monetary penalties in accordance Oxley Act of 2002.12 The adjustments inflation adjustment penalty amount of with inflation as required by the DCIA, set forth in the amendment apply to 13 $1,525,000. and has no impact on disclosure or violations occurring after the effective compliance costs. The Commission date of the amendment. III. Related Matters notes that the civil monetary penalties II. Summary of the Calculation Administrative Procedure Act— ordered in SEC proceedings in fiscal Immediate Effectiveness of Final Rule To explain the inflation adjustment year 2012 totaled approximately calculation for CMP amounts that were Under the Administrative Procedure $1,021.0 million. Assuming that the last adjusted in 2009, we will use the Act (‘‘APA’’), a final rule may be issued Commission is successful in obtaining following example. Under the current without public notice and comment if civil monetary penalties in fiscal years provisions, the Commission may impose the agency finds good cause that notice subsequent to the enactment of the new a maximum CMP of $1,425,000 for and comment are impractical, regulation in similar proportion to that certain insider trading violations by a unnecessary, or contrary to public obtained in fiscal year 2012, the controlling person. To determine the interest.14 Because the Commission is inflationary adjustment pursuant to the new CMP amounts under the required by statute to adjust the civil new regulation would result in a amendment, first we determine the monetary penalties within its maximum increase in the civil monetary appropriate CPI–U for June of the jurisdiction by the cost-of-living penalties ordered of approximately calendar year preceding the year of adjustment formula set forth in Section 6.4%, or $65.3 million. This figure adjustment. Because we are adjusting 5 of the FCPIAA, the Commission finds assumes that the Commission would CMPs in 2013, we use the CPI–U for that good cause exists to dispense with obtain a civil monetary penalty equal to June of 2012, which was 229.478. We public notice and comment pursuant to the maximum statutory amount in each must also determine the CPI–U for June 15 of the year the CMP was last adjusted 13 The adjustments in Table V to Subpart E of Part 5 U.S.C. 553(b)(3)(B). 201 reflect that the operation of the statutorily 16 A regulatory flexibility analysis under the mandated computation, together with rounding Regulatory Flexibility Act (‘‘RFA’’) is required only 10 15 U.S.C. 7215(c)(4)(D). rules, does not result in any adjustment to ten when an agency must publish a general notice of 11 See 17 CFR 201.1004. penalties. These particular penalties will be subject proposed rulemaking for notice and comment. See 12 The Commission also is adopting technical to slightly different treatment when calculating the 5 U.S.C. 603. As noted above, notice and comment corrections to Table I, Table II, Table III, and Table next adjustment. Under the statute, when we next are not required for this final rule. Therefore, the IV of 17 CFR Part 201. 17 CFR 201.1001–1004. Each adjust these penalties, we will be required to use RFA does not apply. of these tables referenced 15 U.S.C. 78ff(c)(2)(C), the CPI–U for June of the year when these particular 17 Additionally, this finding satisfies the rather than 15 U.S.C. 78ff(c)(2)(B). The technical penalties were ‘‘last adjusted,’’ rather than the requirements for immediate effectiveness under the corrections will amend each table to refer to the CPI–U for 2013. Small Business Regulatory Enforcement Fairness correct paragraph. 14 5 U.S.C. 553(b)(3)(B). Act. See 5 U.S.C. 808(2); see also id. 801(a)(4).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14181

case, which clearly overstates the effect B. Paperwork Reduction Act § 201.1002 [Amended] of the adjustment to the penalties. The This rule does not contain any ■ 3. Section 201.1002 is amended in Commission further notes that, in many collection of information requirements Table II in the first column labeled cases in which it has obtained large civil as defined by the Paperwork Reduction ‘‘U.S. code citation’’ by removing the monetary penalties, such penalties were Act of 1995 as amended.20 reference ‘‘15 U.S.C. 78ff(c)(2)(C) calculated on the basis of the gross * * *’’ and adding in its place ‘‘15 pecuniary gain rather than the C. Statutory Basis U.S.C. 78ff(c)(2)(B) * * *’’. maximum penalty dollar amount set by The Commission is adopting these § 201.1003 [Amended] statute that will be adjusted by this amendments to 17 CFR Part 201, rule.18 In addition, the Commission Subpart E pursuant to the directives and ■ 4. Section 201.1003 is amended in notes that this figure includes penalties authority of the DCIA, Pub. L. No. 104– Table III in the first column labeled imposed for insider trading, for which 134, 110 Stat. 1321–373 (1996). ‘‘U.S. code citation’’ by removing the the statutory maximum is stated as an reference ‘‘15 U.S.C. 78ff(c)(2)(C) amount not to exceed three times the List of Subjects in 17 CFR Part 201 * * *.’’ and adding in its place ‘‘15 profit gained or loss avoided as a result Administrative practice and U.S.C. 78ff(c)(2)(B) * * *’’. of the violation, rather than by reference procedure, Claims, Confidential § 201.1004 [Amended] to a statutory dollar amount that is business information, Lawyers, affected by this regulation.19 Therefore, Securities. ■ 5. Section 201.1004 is amended in Table IV in the first column labeled the Commission does not believe that Text of Amendment adjusting civil monetary penalties will ‘‘U.S. code citation’’ by removing the significantly affect the amount of For the reasons set forth in the reference ‘‘15 U.S.C. 78ff(c)(2)(C) penalties it obtains. preamble, part 201, title 17, chapter II of * * *’’ and adding in its place ‘‘15 the Code of Federal Regulations is U.S.C. 78ff(c)(2)(B) * * *’’. The benefit provided by the amended as follows: ■ inflationary adjustment to the maximum 6. Section 201.1005 and Table V to Subpart E are added to read as follows: civil monetary penalties is that of PART 201—RULES OF PRACTICE maintaining the level of deterrence § 201.1005 Adjustment of civil monetary effectuated by the civil monetary Subpart E—Adjustment of Civil penalties—2013. penalties, and not allowing such Monetary Penalties As required by the Debt Collection deterrent effect to be diminished by Improvement Act of 1996, the maximum ■ inflation. The costs of implementing 1. The authority citation for part 201, amounts of all civil monetary penalties this rule should be negligible, because Subpart E, continues to read as follows: under the Securities Act of 1933, the the only change from the current, Authority: 28 U.S.C. 2461 note. Securities Exchange Act of 1934, the baseline situation is determining Investment Company Act of 1940, the § 201.1001 [Amended] potential penalties using a new Investment Advisers Act of 1940, and maximum dollar amount. Furthermore, ■ 2. Section 201.1001 is amended in certain penalties under the Sarbanes- Congress, in mandating the inflationary Table 1 in the first column labeled ‘‘U.S. Oxley Act of 2002 are adjusted for adjustments, has already determined code citation’’ by removing the inflation in accordance with Table V to that any possible increase in costs is reference ‘‘15 U.S.C. 78ff(c)(2)(C) this subpart. The adjustments set forth justified by the overall benefits of such * * *’’ and adding in its place ‘‘15 in Table V apply to violations occurring adjustments. U.S.C. 78ff(c)(2)(B) * * *’’. after March 5, 2013.

Table V to subpart E Civil monetary penalty inflation adjust- Maximum ments penalty Adjusted Year penalty amount maximum amount was pursuant penalty U.S. Code citation Civil monetary penalty description last adjusted to last amount adjustment

Securities and Exchange Commission: 15 U.S.C. 77h–1(g) ...... For natural person ...... 2010 $7,500 $7,500 For any other person ...... 2010 75,000 80,000 For natural person/fraud ...... 2010 75,000 80,000 For any other person/fraud ...... 2010 375,000 400,000 For natural person/substantial losses or 2010 150,000 160,000 risk of losses to others. For any other person/substantial losses 2010 725,000 775,000 or risk of losses to others. 15 U.S.C. 77t(d) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses or 2009 150,000 160,000 risk of losses to others. For any other person/substantial losses 2009 725,000 775,000 or risk of losses to others.

18 For example, 15 U.S.C. 77t(d)(2)(A), after or [$80,000] for any other person, or (ii) the gross 19 15 U.S.C. 78u–1(a)(2). In fiscal year 2012, adjusting for inflation as required by the DCIA, amount of pecuniary gain to such defendant as a penalties imposed under this provision totaled over provides that ‘‘the amount of the penalty shall not result of the violation.’’ $140 million. exceed the greater of (i) [$7,500] for a natural person 20 44 U.S.C. 3501 et seq.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14182 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Table V to subpart E Civil monetary penalty inflation adjust- Maximum ments penalty Adjusted Year penalty amount maximum amount was pursuant penalty U.S. Code citation Civil monetary penalty description last adjusted to last amount adjustment

15 U.S.C. 78ff(b) ...... Exchange Act/failure to file information 1996 110 210 documents, reports. 15 U.S.C. 78ff(c)(1)(B) ...... Foreign Corrupt Practices—any issuer ... 2009 16,000 16,000 15 U.S.C. 78ff(c)(2)(B) ...... Foreign Corrupt Practices—any agent or 2009 16,000 16,000 stockholder acting on behalf of issuer. 15 U.S.C. 78u–1(a)(3) ...... Insider Trading—controlling person ...... 2009 1,425,000 1,525,000 15 U.S.C. 78u–2 ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses to 2009 150,000 160,000 others/gains to self. For any other person/substantial losses 2009 725,000 775,000 to others/gain to self. 15 U.S.C. 78u(d)(3) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses or 2009 150,000 160,000 risk of losses to others. For any other person/substantial losses 2009 725,000 775,000 or risk of losses to others. 15 U.S.C. 80a–9(d) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses to 2009 150,000 160,000 others/gains to self. For any other person/substantial losses 2009 725,000 775,000 to others/gain to self. 15 U.S.C. 80a–41(e) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses or 2009 150,000 160,000 risk of losses to others. For any other person/substantial losses 2009 725,000 775,000 or risk of losses to others. 15 U.S.C. 80b–3(i) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses to 2009 150,000 160,000 others/gains to self. For any other person/substantial losses 2009 725,000 775,000 to others/gain to self. 15 U.S.C. 80b–9(e) ...... For natural person ...... 2009 7,500 7,500 For any other person ...... 2009 75,000 80,000 For natural person/fraud ...... 2009 75,000 80,000 For any other person/fraud ...... 2009 375,000 400,000 For natural person/substantial losses or 2009 150,000 160,000 risk of losses to others. For any other person/substantial losses 2009 725,000 775,000 or risk of losses to others. 15 U.S.C. 7215(c)(4)(D)(i) ...... For natural person ...... 2009 120,000 130,000 For any other person ...... 2009 2,375,000 2,525,000 15 U.S.C. 7215(c)(4)(D)(ii) ...... For natural person ...... 2009 900,000 950,000 For any other person ...... 2009 17,800,000 18,925,000

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4700 Sfmt 9990 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14183

Dated: February 27, 2013. Background Determinations By the Commission. Elizabeth M. Murphy, The value of cultural property is Under 19 U.S.C. 2602(a)(1), the Secretary. immeasurable. Such items often United States must make certain [FR Doc. 2013–04931 Filed 3–4–13; 8:45 am] constitute the very essence of a society determinations before entering into an and convey important information BILLING CODE 8011–01–P agreement to impose import restrictions concerning a people’s origin, history, under 19 U.S.C. 2602(a)(2). On and traditional setting. The importance September 19, 2012, the Assistant and popularity of such items regrettably Secretary for Educational and Cultural DEPARTMENT OF HOMELAND makes them targets of theft, encourages SECURITY Affairs, U.S. Department of State, made clandestine looting of archaeological the determinations required under the U.S. Customs and Border Protection sites, and results in their illegal export statute with respect to certain and import. archaeological material originating in DEPARTMENT OF THE TREASURY The United States shares in the Belize that are described in the international concern for the need to designated list set forth below in this 19 CFR Part 12 protect endangered cultural property. document. These determinations The appearance in the United States of [CBP Dec. 13–05] include the following: (1) That the stolen or illegally exported artifacts cultural patrimony of Belize is in RIN 1515–AD94 from other countries where there has jeopardy from the pillage of been pillage has, on occasion, strained archaeological material originating in Import Restrictions Imposed on our foreign and cultural relations. This Belize from approximately 9000 B.C. up Certain Archaeological Material From situation, combined with the concerns to 250 years old representing the Pre- Belize of museum, archaeological, and Columbian era through the Early and scholarly communities, was recognized AGENCY: U.S. Customs and Border Late Colonial Periods (19 U.S.C. Protection, Department of Homeland by the President and Congress. It 2602(a)(1)(A)); (2) that the Government Security; Department of the Treasury. became apparent that it was in the of Belize has taken measures consistent national interest for the United States to with the Convention to protect its ACTION: Final rule. join with other countries to control cultural patrimony (19 U.S.C. illegal trafficking of such articles in SUMMARY: This final rule amends the 2602(a)(1)(B)); (3) that import international commerce. U.S. Customs and Border Protection restrictions imposed by the United (CBP) regulations to reflect the The United States joined international States would be of substantial benefit in imposition of import restrictions on efforts and actively participated in deterring a serious situation of pillage, certain archaeological material from deliberations resulting in the 1970 and remedies less drastic are not Belize. These restrictions are being United Nations Educational, Scientific available (19 U.S.C. 2602(a)(1)(C)); and imposed pursuant to an agreement and Cultural Organization (UNESCO) (4) that the application of import Convention on the Means of Prohibiting between the United States and Belize restrictions as set forth in this final rule that has been entered into under the and Preventing the Illicit Import, Export is consistent with the general interests authority of the Convention on Cultural and Transfer of Ownership of Cultural of the international community in the Property Implementation Act in Property (823 U.N.T.S. 231 (1972)). U.S. accordance with the 1970 United acceptance of the 1970 UNESCO interchange of cultural property among Nations Educational, Scientific and Convention was codified into U.S. law nations for scientific, cultural, and Cultural Organization (UNESCO) as the ‘‘Convention on Cultural Property educational purposes (19 U.S.C. Convention on the Means of Prohibiting Implementation Act’’ (Pub. L. 97–446, 2602(a)(1)(D)). The Assistant Secretary and Preventing the Illicit Import, Export 19 U.S.C. 2601 et seq.) (the Act). This also found that the material described in and Transfer of Ownership of Cultural was done to promote U.S. leadership in the determinations meet the statutory Property. The final rule amends CBP achieving greater international definitions of ‘‘archaeological material regulations by adding Belize to the list cooperation towards preserving cultural of the state party’’ (19 U.S.C. 2601(2)). treasures that are of importance to the of countries for which a bilateral The Agreement agreement has been entered into for nations from where they originate and imposing cultural property import contribute to greater international On February 27, 2013, the United restrictions. The final rule also contains understanding of our common heritage. States and Belize entered into a bilateral the designated list that describes the Since the Act entered into force, agreement pursuant to the provisions of types of archaeological material to import restrictions have been imposed 19 U.S.C. 2602(a)(2). The agreement which the restrictions apply. on the archaeological materials of a enables the promulgation of import DATES: Effective Date: March 5, 2013. number of State Parties to the 1970 restrictions on categories of FOR FURTHER INFORMATION CONTACT: For UNESCO Convention. These restrictions archaeological material representing legal aspects, George Frederick McCray, have been imposed as a result of Belize’s cultural heritage that is at least Chief, Cargo Security, Carriers and requests for protection received from 250 years old, dating from the Pre- Restricted Merchandise Branch, those nations. More information on Ceramic (from approximately 9000 Regulations and Rulings, Office of import restrictions can be found on the B.C.), Pre-Classic, Classic, and Post- International Trade, (202) 325–0082. For Cultural Property Protection Web site Classic Periods of the Pre-Columbian era operational aspects: Virginia (http://exchanges.state.gov/heritage/ through the Early and Late Colonial McPherson, Chief, Interagency culprop.html). Periods. A list of the categories of Requirements Branch, Trade Policy and This document announces that import archaeological material subject to the Programs, Office of International Trade, restrictions are now being imposed on import restrictions is set forth later in (202) 863–6563. certain archaeological material from this document. SUPPLEMENTARY INFORMATION: Belize.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14184 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Restrictions and Amendment to the 1. Vases and bottles—(10–50 cm ht). is, therefore, being made without notice Regulations 2. Bowls—(5–25 cm ht). or public procedure (5 U.S.C. 553(a)(1)). 3. Dishes and plates—(10–50 cm In accordance with the Agreement, For the same reason, a delayed effective diam). importation of material designated date is not required under 5 U.S.C. 4. Jars—(10–100 cm ht). 553(d)(3). below is subject to the restrictions of 19 5. Bottles—(5–50 cm ht). U.S.C. 2606 and § 12.104g(a) of the U.S. B. Special Forms Regulatory Flexibility Act Customs and Border Protection (CBP) 1. Figurines—(5–20 cm ht). regulations (19 CFR 12.104g(a)) and will 2. Whistles, rattles and flutes—(5–20 Because no notice of proposed be restricted from entry into the United cm ht). rulemaking is required, the provisions States unless the conditions set forth in 3. Miniature vessels—(5–10 cm ht). of the Regulatory Flexibility Act (5 19 U.S.C. 2606 and § 12.104c of the CBP 4. Stamps and seals. U.S.C. 601 et seq.) do not apply. regulations (19 CFR 12.104c) are met. 5. Effigy vessels—(15–50 cm ht). Executive Order 12866 CBP is amending § 12.104g(a) of the CBP 6. Incense burners—(25–50 cm ht). regulations (19 CFR 12.104g(a)) to 7. Drums—(10–50 cm ht). Because this rule involves a foreign indicate that these import restrictions II. Stone—Objects in any type of affairs function of the United States, it have been imposed. stone, including jade, greenstone, is not subject to Executive Order 12866. obsidian, flint, alabaster/calcite, Designated List of Archaeological limestone, slate, or other. Signing Authority Material of Belize A. Tools—forms such as points, This regulation is being issued in blades, scrapers, hoes, grinding stones, The bilateral agreement between the accordance with 19 CFR 0.1(a)(1). United States and Belize includes, but is eccentrics and, others. not limited to, the categories of objects B. Jewelry—forms such as necklaces, List of Subjects in 19 CFR Part 12 earplugs, pendants, beads, and others. described in the designated list set forth Cultural property, Customs duties and below. Any dimensions listed are C. Monumental Stone Art—forms such as stelae, round altars, inspection, Imports, Prohibited approximations and the import merchandise, Reporting and restrictions include complete examples architectural elements, and others. D. Vessels—forms such as bowls and recordkeeping requirements. of objects and fragments thereof. These vases. Amendment to CBP Regulations categories of objects are subject to the E. Figurines—forms such as human, import restrictions set forth above, in animal, and mythological creatures. For the reasons set forth above, part accordance with the above explained F. Masks—burial masks of variable 12 of Title 19 of the Code of Federal applicable law and the regulation stone composition. Regulations (19 CFR part 12), is amended in this document (19 CFR G. Mirrors—round or rectangular amended as set forth below: 12.104(g)(a)). forms composed of pyrite pieces. The archeological material covered III. Metal—Objects in copper, gold, PART 12—SPECIAL CLASSES OF under this agreement originated in silver, brass, or other. Beaten or cast into MERCHANDISE Belize, from the following periods: shape, often decorated with engraving, Archaic, Pre-Classic, Classic, Post- inlay, puncturing, or attachments. ■ 1. The general authority citation for Classic, and Early and Late Colonial IV. Shell—Objects made out of part 12 and the specific authority Periods. The import restrictions apply to modified shell, often decorated with citation for § 12.104g continue to read as archeological material, described below, incisions or inlays. follows: ranging in date from approximately V. Bone—Objects made out of 9000 B.C. to at least 250 years old, modified human or animal bone, Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 including, but not limited to, objects (General Note 3(i), Harmonized Tariff including tools, such as hooks and Schedule of the United States (HTSUS)), comprised of ceramic, stone, metal, punches; jewelry, such as necklaces and 1624. shell, bone, glass, and wood. pendants; and objects for ritual use. * * * * * I. Ceramic/Terracotta/Fired Clay— VI. Glass—Objects made of glass, Unpainted, monochrome, bichrome, and Sections 12.104 through 12.104i also including utilitarian forms such as issued under 19 U.S.C. 2612; polychrome. Decorative motifs include bottles, beads, figurines, and others. human, animal, and hybrid figures; VII. Wood—Objects made of wood, * * * * * curvilinear and rectilinear abstract including utilitarian forms such as ■ 2. In § 12.104g, paragraph (a), the table designs; mythological and historic canoes, vessels, tools, and others; and is amended by adding Belize to the list scenes; and other motifs. Decorative ritual forms, such as crosses, figurines, in appropriate alphabetical order as techniques include: painting, fluting, and others. follows: gouging, incisions, and modeling, among others. Forms vary considerably, Inapplicability of Notice and Delayed § 12.104g Specific items or categories and may include lids, tripod feet, or Effective Date designated by agreements or emergency actions. other supplementary decoration. This amendment involves a foreign A. Common Vessels affairs function of the United States and (a) * * *

State party Cultural property Decision No.

Belize ...... Archaeological material representing Belize’s cultural heritage that is at least 250 years old, dating from CBP Dec. 13 the Pre-Ceramic (from approximately 9000 B.C.), Pre-Classic, Classic, and Post-Classic Periods of the –05. Pre-Columbian era through the Early and Late Colonial Periods.

*******

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14185

* * * * * SUPPLEMENTARY INFORMATION: Jefferson DEPARTMENT OF HOMELAND Approved: March 1, 2013. Parish has requested a temporary SECURITY deviation from the operating schedule David V. Aguilar, Coast Guard Deputy Commissioner, U.S. Customs and for the Bascule Span Bridge across the Border Protection. Harvey Canal Route, Intracoastal 33 CFR Part 165 Timothy E. Skud, Waterway, mile 2.8 at New Orleans, Deputy Assistant Secretary of the Treasury. Jefferson Parish, Louisiana. The bridge [Docket No. USCG–2013–0091] [FR Doc. 2013–05151 Filed 3–4–13; 8:45 am] has a vertical clearance of 45 feet above RIN 1625–AA00 BILLING CODE 9111–14–P mean high water in the closed-to- navigation position and unlimited in the Safety Zone; MODU KULLUK; Kiliuda open-to-navigation position. Vessels Bay, Kodiak Island, AK to Captains DEPARTMENT OF HOMELAND requiring a clearance of less than 45 feet Bay, Unalaska Island, AK SECURITY may transit beneath the bridge during AGENCY: Coast Guard, DHS. maintenance operations. Coast Guard ACTION: Temporary final rule. In accordance with 33 CFR SUMMARY: 33 CFR Part 117 117.451(a), the bridge currently opens The Coast Guard is on signal for the passage of vessels; establishing a temporary safety zone in [Docket No. USCG–2013–0104] except that, from 6:30 a.m. to 8:30 a.m. the navigable waters, from surface to and from 3:45 p.m. to 5:45 p.m. Monday seabed, around the Outer Continental Drawbridge Operation Regulation; Gulf Shelf Mobile Offshore Drilling Unit Intracoastal Waterway, LA through Friday except holidays, the draw need not be opened for the passage (MODU) KULLUK currently located in AGENCY: Coast Guard, DHS. of vessels. This deviation allows the Kiliuda Bay, Kodiak Island, Alaska with ACTION: Notice of deviation from bridge to remain closed to navigation planned towed transit into Captains Bay, Unalaska Island, AK. The regulation. from 6 a.m. on Monday, March 18, 2013, temporary safety zone will encompass until 6 a.m. on Monday, March 25, SUMMARY: The Coast Guard has issued a the navigable waters within a 1000 temporary deviation from the regulation 2013. At all other times, the bridge will meter radius of the MODU KULLUK governing the operation of the Lapalco open on signal for the passage of vessels while it is being towed to and located Boulevard bascule span drawbridge in accordance with 33 CFR 117.451(a). within Captains Bay to include while at across the Harvey Canal Route, Gulf The closure is necessary in order to anchor and through the loading of the Intracoastal Waterway (GIWW), mile 2.8 change out the four drive panels for the MODU KULLUK onto the transport ship at New Orleans, Jefferson Parish, motors that operate the bridge. This M/V XIANG RUI KOU. The purpose of Louisiana. The deviation is necessary to maintenance is essential for the the safety zone is to protect persons and change out the four drive panels for the continued operation of the bridge. vessels from the inherent dangers of motors that operate the bridge. This Notices will be published in the Eighth towing and loading operations of the deviation allows the bridge to remain Coast Guard District Local Notice to MODU KULLUK. closed to navigation for seven Mariners and will be broadcast via the DATES: This rule is effective with actual consecutive days. Coast Guard Broadcast Notice to notice from February 20, 2013 until DATES: This deviation is effective from Mariners System. March 5, 2013. This rule is effective in 6 a.m. on Monday, March 18, 2013, the Code of Federal Regulations from Navigation on the waterway consists until 6 a.m. on Monday, March 25, March 5, 2013 until April 30, 2013. mainly of tugs with tows with some 2013. ADDRESSES: The docket for this rule, commercial fishing vessels and USCG–2013–0091, is available online at ADDRESSES: The docket for this recreational craft. Coordination between www.regulations.gov by typing in the deviation, [USCG–2013–0104] is the Coast Guard and the waterway users available at http://www.regulations.gov. docket number in the ‘‘SEARCH’’ box determined that there should not be any Type the docket number in the and clicking ‘‘SEARCH.’’ Next, click on significant effects on these vessels. The ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ the Open Docket Folder on the line Click on Open Docket Folder on the line bridge will be unable to open during associated with this rule. This material associated with this deviation. You may these repairs; however, an alternate is also available for inspection or also visit the Docket Management route is available via the GIWW (Algiers copying at the Docket Management Facility in Room W12–140 on the Alternate Route). Facility (M–30), U.S. Department of ground floor of the Department of In accordance with 33 CFR 117.35(e), Transportation, West Building Ground Transportation West Building, 1200 the drawbridge must return to its regular Floor, Room W12–140, 1200 New Jersey New Jersey Avenue SE., Washington, operating schedule immediately at the Avenue SE., Washington, DC 20590, DC 20590, between 9 a.m. and 5 p.m., end of the designated time period. This between 9 a.m. and 5 p.m., Monday Monday through Friday, except Federal deviation from the operating regulations through Friday, except Federal holidays. holidays. is authorized under 33 CFR 117.35. FOR FURTHER INFORMATION CONTACT: If FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or Dated: February 21, 2013. you have questions on this temporary email LCDR Jason Boyle, U.S. Coast deviation, call or email Kay Wade, David M. Frank, Guard, Seventeenth Coast Guard Bridge Branch Office, Coast Guard; Bridge Administrator. District; telephone 907–463–2821, telephone 504–671–2128, email [FR Doc. 2013–05071 Filed 3–4–13; 8:45 am] [email protected]. If you have [email protected]. If you have BILLING CODE 9110–04–P questions on viewing or submitting questions on viewing the docket, call material to the docket, call Barbara Barbara Hairston, Program Manager, Hairston, Program Manager, Docket Docket Operations, telephone 202–366– Operations, telephone 202–366–9826. 9826. SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14186 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Table of Acronyms safety zone is needed based on the 13563. The Office of Management and DHS Department of Homeland Security significant number of persons, vessels Budget has not reviewed it under those FR Federal Register and activities necessary to tow and load Orders. NPRM Notice of Proposed Rulemaking the MODU KULLUK, a non-self- The proposed rule is not a significant propelled vessel. The tow operations are regulatory action due to the minimal A. Regulatory History and Information expected to involve a large number of impact this will have on standard vessel The Coast Guard is issuing this vessels, including tow vessels, and operations within the vicinity of transit temporary final rule without prior pollution response vessels. The tow and route from Kiliuda Bay, AK to Captains notice and opportunity to comment loading operation is anticipated to take Bay, AK during the winter months and pursuant to authority under section 4(a) up to 30 days. it will be enforced for a short duration. of the Administrative Procedure Act A temporary safety zone is needed to The proposed safety zone is designed to (APA) (5 U.S.C. 553(b). This provision ensure vessels engaged in the towing allow vessels transiting through the area authorizes an agency to issue a rule operation are able to maneuver to safely travel around the MODU without prior notice and opportunity to unimpeded in the vicinity of the MODU KULLUK during towing operations and comment when the agency for good KULLUK and to keep other mariners a loading area without incurring cause finds that those procedures are safe distance from tow cables, vessels additional cost or delay. ‘‘impracticable, unnecessary, or contrary and other activities involved in the 2. Impact on Small Entities to the public interest.’’ Under 5 U.S.C. towing operations from Kiliuda Bay, AK 553(b)(B), the Coast Guard finds that to Captains Bay, AK and the loading of The Regulatory Flexibility Act of 1980 good cause exists for not publishing a the MODU KULLUK onto the transport (RFA), 5 U.S.C. 601–612, as amended, notice of proposed rulemaking (NPRM) ship M/V XIANG RUI KOU that will requires federal agencies to consider the with respect to this rule because doing take place within the navigable waters potential impact of regulations on small so would be impracticable. The MODU of Captains Bay, AK. entities during rulemaking. The term KULLUK grounded during severe Previously, a temporary final rule ‘‘small entities’’ comprises small weather in the vicinity of Sitkalidak (USCG–2011–0668) was issued on businesses, not-for-profit organizations Island and response, recovery and January 2, 2013, creating a safety zone that are independently owned and salvage efforts began immediately. one nautical mile around the MODU operated and are not dominant in their Following an assessment, it was KULLUK. A second temporary final rule fields, and governmental jurisdictions determined that the MODU KULLUK (USCG–2012–1088) was issued on with populations of less than 50,000. required towing to Captains Bay, January 6, 2013, creating a safety zone The Coast Guard certifies under 5 Unalaska for loading aboard a transport around the MODU KULLUK while it U.S.C. 605(b) that this rule would not ship for further relocation. This new was towed and anchored for assessment have a significant economic impact on temporary final rule is established to and repairs in Kiliuda Bay. a substantial number of small entities. cover the anticipated time necessary for This rule would affect the following the towing of MODU KULLUK to C. Discussion of Final Rule entities, some of which might be small Captains Bay and the operations For the reasons stated above, the entities: The owners or operators of necessary to load the vessel onto the Coast Guard is establishing a safety zone vessels intending to transit through or transport ship for transit to the vessels in the navigable waters, from surface to anchor in the transit route from Kiliuda repair facility. Notice and comment seabed, within a 1000 meter radius of Bay, AK to Captains Bay, AK or within rulemaking is impracticable because the MODU KULLUK while it being Captains Bay, AK in the vicinity of the this transport for further repairs was towed to and anchored in Captains Bay, MODU KULLUK from February 20, unexpected and requiring notice and AK and while it is being loaded onto the 2013, to April 30, 2013. comment would create further delay in M/V XIANG RUI KOU from February This safety zone will not have a achieving those repairs and 20, 2013 through April 30, 2013. If the significant economic impact on a safeguarding the public from the salvage and recovery operations are substantial number of small entities for significant amount of vessels and crew completed, and the safety zone is the following reasons: This rule will be required to tow this MODU. determined to be no longer necessary, effective for a short period of time, For similar reasons, under 5 U.S.C. enforcement of the zone will end prior enforcement will end once the towing 553(d)(3), the Coast Guard finds that to April 30, 2013. and loading operations are completed, good cause exists for making this rule and the zone is limited to the waters effective less than 30 days after D. Regulatory Analyses within 1000 meter radius of the MODU publication in the Federal Register We developed this rule after KULLUK while it is towed to or at because immediate action is needed to considering numerous statutes and anchor within Captains Bay. minimize potential danger to the public executive orders related to rulemaking. during the period of time when there Below we summarize our analyses 3. Assistance for Small Entities will be unusually high vessel traffic based on these statutes and executive Under section 213(a) of the Small during towing operations to Captains orders. Business Regulatory Enforcement Bay, Alaska and the complexities of Fairness Act of 1996 (Pub. L. 104–121), 1. Regulatory Planning and Review loading the MODU KULLUK aboard the we want to assist small entities in transport ship. This rule is not a significant understanding this rule. If the rule regulatory action under section 3(f) of would affect your small business, B. Basis and Purpose Executive Order 12866, Regulatory organization, or governmental The MODU KULLUK unexpectedly Planning and Review, as supplemented jurisdiction and you have questions grounded during severe weather in the by Executive Order 13563, Improving concerning its provisions or options for vicinity of Sitkalidak Island, Alaska, Regulation and Regulatory Review, and compliance, please contact the person precipitating a salvage and recovery does not require an assessment of listed in the FOR FURTHER INFORMATION operation. The MODU KULLUK was potential costs and benefits under CONTACT, above. towed to Kiliuda Bay for damage section 6(a)(3) of Executive Order 12866 Small businesses may send comments assessments. The Coast Guard believes a or under section 1 of Executive Order on the actions of Federal employees

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14187

who enforce, or otherwise determine 9. Civil Justice Reform discovery of a significant environmental impact from this rule. compliance with, Federal regulations to This rule meets applicable standards the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165 Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to and the Regional Small Business Harbors, Marine safety, Navigation minimize litigation, eliminate (water), Reporting and recordkeeping Regulatory Fairness Boards. The ambiguity, and reduce burden. Ombudsman evaluates these actions requirements, Security measures, annually and rates each agency’s 10. Protection of Children Waterways. For the reasons discussed in the responsiveness to small business. If you We have analyzed this rule under preamble, the Coast Guard is amending wish to comment on actions by Executive Order 13045, Protection of 33 CFR part 165 as follows: employees of the Coast Guard, call 1– Children from Environmental Health 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION Coast Guard will not retaliate against an economically significant rule and small entities that question or complain AREAS AND LIMITED ACCESS will not create an environmental risk to AREAS. about this rule or any policy or action health or risk to safety that may of the Coast Guard. disproportionately affect children. ■ 1. The authority citation for part 165 continues to read as follows: 4. Collection of Information 11. Indian Tribal Governments This rule will not call for the Authority: 33 U.S.C 1226, 1231; 46 U.S.C. This rule does not have tribal collection of new information under the Chapter 701, secs. 3306, 3703; 50 U.S.C. 191, implications under Executive Order 195; 33 CFR 1.05–1, 6.04–1, § 6.04–6, AND Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination § 160.5; Pub L. 107–295, 116 Stat. 2064; U.S.C. 3501–3520). with Indian Tribal Governments, Department of Homeland Security Delegation 5. Federalism because it does not have a substantial No. 0171.1. ■ A rule has implications for federalism direct effect on one or more Indian 2. Add § 165.T17–0091 to read as under Executive Order 13132, tribes, on the relationship between the follows: Federal Government and Indian tribes, Federalism, if it has a substantial direct § 165.T17–0091 Safety Zone; MODU effect on the States, on the relationship or on the distribution of power and KULLUK; Kiliuda Bay, Kodiak Island to between the national government and responsibilities between the Federal Captains Bay, Unalaska Island, Alaska. Government and Indian tribes. the States, or on the distribution of (a) Location. The following areas are power and responsibilities among the 12. Energy Effects safety zones: All navigable waters, from various levels of government. We have the surface to the seabed, within a one This action is not a ‘‘significant analyzed this rule under that Order and thousand meter radius of the MODU energy action’’ under Executive Order determined that this rule does not have KULLUK, a large ocean-going drill 13211, Actions Concerning Regulations implications for federalism. vessel, while it is under tow from That Significantly Affect Energy Supply, 6. Protest Activities Kiliuda Bay, Kodiak Island to Captains Distribution, or Use. Bay, Unalaska Island, Alaska and while The Coast Guard respects the First 13. Technical Standards the MODU KULLUK is anchored or Amendment rights of protesters. moored in Captains Bay including times This rule does not use technical Protesters are asked to contact the while it is being loaded onto and aboard person listed in the FOR FURTHER standards. Therefore, we did not the transport ship M/V XIANG RUI INTFORMATION CONTACT section to consider the use of voluntary consensus KOU. coordinate protest activities so that your standards. (b) Effective date. The safety zone is message can be received without 14. Environment effective beginning February 20, 2013, jeopardizing the safety or security of and terminates at 11:59 p.m. on April people, places or vessels. We have analyzed this rule under 30, 2013. Enforcement of this safety Department of Homeland Security zone may end earlier if ordered by the 7. Unfunded Mandates Reform Act Management Directive 023–01 and Captain of the Port, Western Alaska. The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, (c) Regulations. The general of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in regulations governing safety zones Federal agencies to assess the effects of complying with the National contained in § 165.23 apply to all their discretionary regulatory actions. In Environmental Policy Act of 1969 vessels operating within the areas particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and described in paragraph (a). In addition that may result in the expenditure by a have concluded this action is one of a to the general regulations, the following State, local, or tribal government, in the category of actions which do not provisions apply to this safety zone: aggregate, or by the private sector of individually or cumulatively have a (1) All persons and vessels shall $100,000,000 (adjusted for inflation) or significant effect on the human comply with the instructions of the more in any one year. Though this rule environment. This rule involves Captain of the Port (COTP) or will not result in such an expenditure, establishing regulations for a safety designated on-scene representative, we do discuss the effects of this rule zone. This rule is categorically excluded consisting of commissioned, warrant, elsewhere in this preamble. from further review under paragraph and petty officers of the Coast Guard. 34(g) of Figure 2–1 of the Commandant Upon being hailed by a U.S. Coast 8. Taking of Private Property Instruction. An environmental analysis Guard vessel by siren, radio, flashing This rule will not affect a taking of checklist supporting this determination light or other means, the operator of a private property or otherwise have and a Categorical Exclusion vessel shall proceed as directed by the taking implications under Executive Determination are available in the COTP’s designated on-scene Order 12630, Governmental Actions and docket where indicated under representative. Interference with Constitutionally ADDRESSES. We seek any comments or (2) Entry into the safety zone is Protected Property Rights. information that may lead to the prohibited unless authorized by the

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14188 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

COTP or his designated on-scene available in the docket, go to http:// Guard anticipates a large recreational representative. Any persons desiring to www.regulations.gov, type the docket boating fleet during this event, enter the safety zone must contact the number in the ‘‘SEARCH’’ box and click scheduled on a late Thursday afternoon designated on-scene representative on ‘‘SEARCH.’’ Click on Open Docket before the Memorial Day Holiday VHF channel 16 (156.800 MHz) and Folder on the line associated with this weekend in Baltimore, Maryland. receive permission prior to entering. rulemaking. You may also visit the Operators should expect significant (3) If permission is granted to transit Docket Management Facility in Room vessel congestion along the planned within the safety zone, all persons and W12–140 on the ground floor of the route. In the event of inclement weather, vessels must comply with the Department of Transportation West the ‘‘turn-around’’ will be rescheduled instructions of the designated on-scene Building, 1200 New Jersey Avenue SE., for the Thursday following Memorial representative. Washington, DC 20590, between 9 a.m. Day (observed). (4) The COTP will notify the maritime and 5 p.m., Monday through Friday, To address safety concerns during the and general public by marine except Federal holidays. event, the Captain of the Port Baltimore information broadcast during the period FOR FURTHER INFORMATION CONTACT: If is changing the enforcement period of a of time that the safety zones are in force you have questions on this rule, call or safety zone regulation for the annual including notification that the MODU email Mr. Ronald L. Houck, Sector movement of the historic sloop-of-war KULLUK is loaded onto the M/V XIANG Baltimore, Waterways Management USS CONSTELLATION, conducted RUI KOU by providing notice in Division, U.S. Coast Guard; telephone upon certain waters of the Patapsco accordance with 33 CFR 165.7. (410) 576–2674, email River, Northwest Harbor and Inner (d) Penalties. Persons and vessels [email protected]. If you have Harbor. The change to the enforcement violating this rule are subject to the questions on viewing or submitting period of the safety zone will help the penalties set forth in 33 U.S.C. 1232 and material to the docket, call Renee V. Coast Guard provide a clear transit route 50 U.S.C. 192. Wright, Program Manager, Docket for the participating vessels, and Dated: February 20, 2013. Operations, telephone (202) 366–9826. provide a safety buffer around the Paul Mehler III, SUPPLEMENTARY INFORMATION: participating vessels while they are in transit. This rule is needed to ensure Captain, U.S. Coast Guard, Captain of the Table of Acronyms Port, Western Alaska. safety on the waterway in the Port of [FR Doc. 2013–04989 Filed 3–4–13; 8:45 am] DHS Department of Homeland Security Baltimore before, during and after the scheduled event. BILLING CODE 9110–04–P FR Federal Register NPRM Notice of Proposed Rulemaking C. Discussion of Comments, Changes and the Final Rule DEPARTMENT OF HOMELAND A. Regulatory History and Information SECURITY On January 9, 2013, we published a The Coast Guard received no notice of proposed rulemaking (NPRM) comments in response to the NPRM. No Coast Guard entitled ‘‘Safety Zone, Change to public meeting was requested and none Enforcement Period, Patapsco River, was held. 33 CFR Part 165 Northwest and Inner Harbors; D. Regulatory Analyses [Docket Number USCG–2012–1075] Baltimore, MD’’ in the Federal Register (78 FR 1795). We received no comments We developed this rule after RIN 1625–AA00 on the proposed rule. No public meeting considering numerous statutes and was requested, and none was held. executive orders related to rulemaking. Safety Zone, Change to Enforcement Below we summarize our analyses Period, Patapsco River, Northwest and B. Basis and Purpose based on these statutes and executive Inner Harbors; Baltimore, MD Historic Ships in Baltimore is orders. planning to conduct its ‘‘turn-around’’ AGENCY: Coast Guard, DHS. 1. Regulatory Planning and Review ceremony involving the sloop-of-war ACTION: Final rule. USS CONSTELLATION in Baltimore, This rule is not a significant SUMMARY: The Coast Guard is changing Maryland on the Thursday before regulatory action under section 3(f) of the enforcement period of a safety zone Memorial Day (observed). Planned Executive Order 12866, Regulatory regulation for the annual movement of events include a three-hour, round-trip Planning and Review, as supplemented the historic sloop-of-war USS tow of the USS CONSTELLATION in by Executive Order 13563, Improving CONSTELLATION. This regulation the Port of Baltimore, consisting of an Regulation and Regulatory Review, and applies to a recurring event that takes onboard salute with navy pattern does not require an assessment of place in Baltimore, MD. The safety zone cannon while the historic vessel is potential costs and benefits under regulation is necessary to provide for positioned off the Fort McHenry section 6(a)(3) of Executive Order 12866 the safety of life on navigable waters National Monument and Historic Site. or under section 1 of Executive Order during the event. This action is Beginning at 3 p.m., the historic Sloop- 13563. The Office of Management and intended to restrict vessel traffic in of-War USS CONSTELLATION will be Budget has not reviewed it under those portions of the Patapsco River, towed ‘‘dead ship,’’ which means that Orders. Although this safety zone Northwest Harbor and Inner Harbor the vessel will be underway without the restricts vessel traffic through the during the event. benefit of mechanical or sail propulsion. affected area, the effect of this regulation The return dead ship tow of the USS will not be significant due to the limited DATES: This rule is effective April 4, CONSTELLATION to its berth in the size and duration that the regulated area 2013. Inner Harbor is expected to occur will be in effect. In addition, ADDRESSES: Documents mentioned in immediately upon execution of a tug- notifications will be made to the this preamble are part of docket [USCG– assisted ‘‘turn-around’’ of the USS maritime community via marine 2012–1075]. To view documents CONSTELLATION on the Patapsco information broadcasts so mariners may mentioned in this preamble as being River near Fort McHenry. The Coast adjust their plans accordingly.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14189

2. Impact on Small Entities Federalism, if it has a substantial direct Federal Government and Indian tribes, The Regulatory Flexibility Act of 1980 effect on the States, on the relationship or on the distribution of power and (RFA), 5 U.S.C. 601–612, as amended, between the national government and responsibilities between the Federal requires federal agencies to consider the the States, or on the distribution of Government and Indian tribes. power and responsibilities among the potential impact of regulations on small 12. Energy Effects entities during rulemaking. The term various levels of government. We have This action is not a ‘‘significant ‘‘small entities’’ comprises small analyzed this rule under that Order and energy action’’ under Executive Order businesses, not-for-profit organizations determined that this rule does not have 13211, Actions Concerning Regulations that are independently owned and implications for federalism. That Significantly Affect Energy Supply, operated and are not dominant in their 6. Protest Activities Distribution, or Use. fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard respects the First 13. Technical Standards The Coast Guard received no comments Amendment rights of protesters. Protesters are asked to contact the This rule does not use technical from the Small Business Administration standards. Therefore, we did not on this rule. The Coast Guard certifies person listed in the FOR FURTHER INFORMATION CONTACT section to consider the use of voluntary consensus under 5 U.S.C. 605(b) that this rule will standards. not have a significant economic impact coordinate protest activities so that your on a substantial number of small message can be received without 14. Environment entities. This rule would affect the jeopardizing the safety or security of We have analyzed this rule under following entities, some of which might people, places or vessels. Department of Homeland Security be small entities: the owners or 7. Unfunded Mandates Reform Act Management Directive 023–01 and operators of vessels intending to operate Commandant Instruction M16475.lD, The Unfunded Mandates Reform Act or transit through or within the safety which guide the Coast Guard in of 1995 (2 U.S.C. 1531–1538) requires zone during the enforcement period. complying with the National Federal agencies to assess the effects of Before the effective period, maritime Environmental Policy Act of 1969 their discretionary regulatory actions. In advisories will be widely available to (NEPA)(42 U.S.C. 4321–4370f), and particular, the Act addresses actions the maritime community. have determined that this action is one that may result in the expenditure by a of a category of actions that do not 3. Assistance for Small Entities State, local, or tribal government, in the individually or cumulatively have a aggregate, or by the private sector of Under section 213(a) of the Small significant effect on the human $100,000,000 (adjusted for inflation) or Business Regulatory Enforcement environment. This rule involves Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule establishing a safety zone. This rule is we want to assist small entities in will not result in such an expenditure, categorically excluded from further understanding this rule. If the rule we do discuss the effects of this rule review under paragraph 34(g) of Figure would affect your small business, elsewhere in this preamble. 2–1 of the Commandant Instruction. An organization, or governmental 8. Taking of Private Property environmental analysis checklist jurisdiction and you have questions supporting this determination and a This rule will not cause a taking of concerning its provisions or options for Categorical Exclusion Determination are private property or otherwise have compliance, please contact the person available in the docket where indicated taking implications under Executive listed in the FOR FURTHER INFORMATION under ADDRESSES. CONTACT, above. Order 12630, Governmental Actions and Small businesses may send comments Interference with Constitutionally List of Subjects in 33 CFR Part 165 on the actions of Federal employees Protected Property Rights. Harbors, Marine safety, Navigation who enforce, or otherwise determine 9. Civil Justice Reform (water), Reporting and recordkeeping compliance with, Federal regulations to requirements, Security measures, the Small Business and Agriculture This rule meets applicable standards Waterways. in sections 3(a) and 3(b)(2) of Executive Regulatory Enforcement Ombudsman For the reasons discussed in the Order 12988, Civil Justice Reform, to and the Regional Small Business preamble, the Coast Guard amends 33 minimize litigation, eliminate Regulatory Fairness Boards. The CFR part 165 as follows: Ombudsman evaluates these actions ambiguity, and reduce burden. annually and rates each agency’s 10. Protection of Children PART 165—REGULATED NAVIGATION responsiveness to small business. If you AREAS AND LIMITED ACCESS AREAS wish to comment on actions by We have analyzed this rule under employees of the Coast Guard, call 1– Executive Order 13045, Protection of ■ 1. The authority citation for part 165 888–REG–FAIR (1–888–734–3247). The Children from Environmental Health continues to read as follows: Coast Guard will not retaliate against Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 1231; 46 U.S.C. small entities that question or complain an economically significant rule and Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; about this rule or any policy or action does not create an environmental risk to 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; of the Coast Guard. health or risk to safety that may Pub. L. 107–295, 116 Stat. 2064; Department disproportionately affect children. of Homeland Security Delegation No. 0170.1. 4. Collection of Information 11. Indian Tribal Governments ■ 2. Revise paragraph (e) of § 165.512 as This rule will not call for a new follows: collection of information under the This rule does not have tribal Paperwork Reduction Act of 1995 (44 implications under Executive Order § 165.512 Safety Zone; Patapsco River, U.S.C. 3501–3520). 13175, Consultation and Coordination Northwest and Inner Harbors, Baltimore, with Indian Tribal Governments, MD. 5. Federalism because it does not have a substantial * * * * * A rule has implications for federalism direct effect on one or more Indian (e) Enforcement period. This section under Executive Order 13132, tribes, on the relationship between the will be enforced from 2 p.m. through 7

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14190 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

p.m. on the Thursday before Memorial ACTION: Final rule. from giant reed (Arundo donax) or Day (observed), and, if necessary due to napier grass (Pennisetum purpureum) or inclement weather, from 2 p.m. through SUMMARY: EPA is issuing a final rule biodiesel produced from esterification. 7 p.m. on the Thursday following identifying additional fuel pathways We continue to consider the issues Memorial Day (observed). that EPA has determined meet the concerning these proposals, and will biomass-based diesel, advanced biofuel Dated: February 21, 2013. make a final decision on them at a later or cellulosic biofuel lifecycle time. Kevin C. Kiefer, greenhouse gas (GHG) reduction DATES: This rule is effective on May 6, Captain, U.S. Coast Guard, Captain of the requirements specified in Clean Air Act 2013. Port Baltimore. section 211(o), the Renewable Fuel [FR Doc. 2013–05076 Filed 3–4–13; 8:45 am] Standard (RFS) Program, as amended by FOR FURTHER INFORMATION CONTACT: BILLING CODE 9110–04–P the Energy Independence and Security Vincent Camobreco, Office of Act of 2007 (EISA). This final rule Transportation and Air Quality describes EPA’s evaluation of biofuels (MC6401A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., ENVIRONMENTAL PROTECTION produced from camelina (Camelina Washington, DC 20460; telephone AGENCY sativa) oil and energy cane; it also includes an evaluation of renewable number: (202) 564–9043; fax number: 40 CFR Part 80 gasoline and renewable gasoline (202) 564–1686; email address: blendstocks, and clarifies our definition [email protected]. [EPA–HQ–OAR–2011–0542; FRL–9686–3] of renewable diesel. The inclusion of SUPPLEMENTARY INFORMATION: these pathways creates additional RIN 2060–AR07 opportunity and flexibility for regulated Does this action apply to me? Regulation of Fuels and Fuel parties to comply with the advanced Entities potentially affected by this Additives: Identification of Additional and cellulosic requirements of EISA and action are those involved with the Qualifying Renewable Fuel Pathways provides the certainty necessary for production, distribution, and sale of Under the Renewable Fuel Standard investments to bring these biofuels into transportation fuels, including gasoline Program commercial production from these new and diesel fuel or renewable fuels such feedstocks. as ethanol and biodiesel. Regulated AGENCY: Environmental Protection We are not finalizing at this time categories and entities affected by this Agency (EPA). determinations on biofuels produced action include:

1 NAICS 2 Category Codes SIC Codes Examples of potentially regulated entities

Industry ...... 324110 2911 Petroleum Refineries. Industry ...... 325193 2869 Ethyl alcohol manufacturing. Industry ...... 325199 2869 Other basic organic chemical manufacturing. Industry ...... 424690 5169 Chemical and allied products merchant wholesalers. Industry ...... 424710 5171 Petroleum bulk stations and terminals. Industry ...... 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry ...... 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC) system code.

This table is not intended to be II. Identification of Additional Qualifying C. Regulatory Flexibility Act exhaustive, but rather provides a guide Renewable Fuel Pathways Under the D. Unfunded Mandates Reform Act for readers regarding entities likely to be Renewable Fuel Standard (RFS) Program E. Executive Order 13132 (Federalism) regulated by this action. This table lists A. Analysis of Lifecycle Greenhouse Gas F. Executive Order 13175 (Consultation Emissions for Biodiesel, Renewable and Coordination With Indian Tribal the types of entities that EPA is now Diesel, Jet Fuel, Heating Oil, Naphtha, Governments) aware could be potentially regulated by and Liquefied Petroleum Gas (LPG) G. Executive Order 13045: Protection of this action. Other types of entities not Produced From Camelina Oil Children From Environmental Health listed in the table could also be B. Lifecycle Greenhouse Gas Emissions Risks and Safety Risks regulated. To determine whether your Analysis for Ethanol, Diesel, Jet Fuel, H. Executive Order 13211: Actions entity is regulated by this action, you Heating Oil, and Naphtha Produced Concerning Regulations That should carefully examine the From Energy Cane Significantly Affect Energy Supply, applicability criteria of Part 80, subparts C. Lifecycle Greenhouse Gas Emissions Distribution, or Use I. National Technology Transfer and D, E and F of title 40 of the Code of Analysis for Certain Renewable Gasoline and Renewable Gasoline Blendstocks Advancement Act Federal Regulations. If you have any Pathways J. Executive Order 12898: Federal Actions question regarding applicability of this D. Esterification Production Process To Address Environmental Justice in action to a particular entity, consult the Inclusion for Specified Feedstocks Minority Populations and Low-Income person in the preceding FOR FURTHER Producing Biodiesel Populations INFORMATION CONTACT section above. III. Additional Changes to Listing of K. Congressional Review Act Available Pathways in Table 1 of 80.1426 V. Statutory Provisions and Legal Authority Outline of This Preamble IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory I. Executive Summary I. Executive Summary Planning and Review and Executive A. Purpose of This Regulatory Action A. Purpose of the Regulatory Action Order 13563: Improving Regulation and B. Summary of the Major Provisions of the Regulatory Review In this rulemaking, EPA is taking final Regulatory Action In Question B. Paperwork Reduction Act action to identify additional fuel

VerDate Mar<15>2010 17:51 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14191

pathways that we have determined meet blendstock—qualifying to generate the proposed rule provided an adequate the greenhouse gas (GHG) reduction cellulosic biofuel RINs notice and comment process. EPA is requirements under the Renewable Fuel Renewable gasoline and renewable finalizing several of the proposed Standard (RFS) program. This final rule gasoline blendstock (new fuel types) actions in this final rule, but continues describes EPA’s evaluation of biofuels • Produced from crop residue, slash, to consider determinations on biofuels produced from camelina (Camelina pre-commercial thinnings, tree residue, produced from giant reed (Arundo sativa) oil, which qualify as biomass- annual cover crops, and cellulosic donax) or napier grass (Pennisetum based diesel or advanced biofuel, as components of separated yard waste, purpureum) or biodiesel produced from well as biofuels from energy cane which separated food waste, and separated esterification. EPA will make a final qualify as cellulosic biofuel. This final municipal solid waste (MSW) decision on theses elements of the rule also qualifies renewable gasoline • Using the following processes—all proposal at a later time. and renewable gasoline blendstock utilizing natural gas, biogas, and/or In this action, EPA is issuing a final made from certain qualifying feedstocks biomass as the only process energy rule to identify in the RFS regulations as cellulosic biofuel. Finally, this rule sources—qualifying to generate additional renewable fuel production clarifies the definition of renewable cellulosic biofuel RINs: pathways that we have determined meet Æ diesel to explicitly include jet fuel. Thermochemical pyrolysis the greenhouse gas (GHG) reduction Æ Thermochemical gasification requirements of the RFS program. There EPA is taking this action as a result of Æ changes to the RFS program in Clean Biochemical direct fermentation are three critical components of a Æ Biochemical fermentation with Air Act (‘‘CAA’’) Section 211(o) renewable fuel pathway: (1) Fuel type, catalytic upgrading (2) feedstock, and (3) production required by the Energy Independence Æ Any other process that uses biogas process. Each specific combination of and Security Act of 2007 (‘‘EISA’’). This and/or biomass as the only process rulemaking modifies the RFS the three components, or fuel pathway, energy sources is assigned a D code which is used to regulations published at 40 CFR This final rule adds these pathways to § 80.1400 et seq. The RFS program designate the type of biofuel and its Table 1 to § 80.1426. This final rule compliance category under the RFS regulations specify the types of allows producers or importers of fuel renewable fuels eligible to participate in program. This final rule describes EPA’s produced under these pathways to lifecycle GHG evaluation of camelina oil the RFS program and the procedures by generate RINs in accordance with the which renewable fuel producers and and energy cane. RFS regulations, providing that the fuel Determining whether a fuel pathway importers may generate Renewable meets other definitional criteria for Identification Numbers (‘‘RINs’’) for the satisfies the CAA’s lifecycle GHG renewable fuel. The inclusion of these reduction thresholds for renewable fuels qualifying renewable fuels they produce pathways creates additional opportunity through approved fuel pathways. See 75 requires a comprehensive evaluation of and flexibility for regulated parties to the lifecycle GHG emissions of the FR 14670 (March 26, 2010); 75 FR 26026 comply with the requirements of EISA. (May 10, 2010); 75 FR 37733 (June 30, renewable fuel as compared to the Substantial investment has been made lifecycle GHG emissions of the baseline 2010); 75 FR 59622 (September 28, to commercialize these new feedstocks, 2010); 75 FR 76790 (December 9, 2010); gasoline or diesel fuel that it replaces. and the cellulosic biofuel industry in As mandated by CAA section 211(o), the 75 FR 79964 (December 21, 2010); 77 FR the United States continues to make 1320 (January 9, 2012); and 77 FR 74592 GHG emissions assessments must significant advances in its progress evaluate the aggregate quantity of GHG (December 17, 2012). towards large scale commercial By qualifying these new fuel emissions (including direct emissions production. Approval of these new and significant indirect emissions such pathways, this rule provides feedstocks will help further the opportunities to increase the volume of as significant emissions from land use Congressional intent to expand the changes) related to the full fuel advanced, low-GHG renewable fuels— volumes of cellulosic and advanced such as cellulosic biofuels—under the lifecycle, including all stages of fuel and biofuels. feedstock production, distribution, and RFS program. EPA’s comprehensive We are also finalizing two changes to analyses show significant lifecycle GHG use by the ultimate consumer. Table 1 to 80.1426 that were proposed In examining the full lifecycle GHG emission reductions from these fuel on July 1, 2011(76 FR 38844). The first impacts of renewable fuels for the RFS types, as compared to the baseline change adds ID letters to pathways to program, EPA considers the following: gasoline or diesel fuel that they replace. facilitate references to specific • Feedstock production—based on B. Summary of the Major Provisions of pathways. The second change adds agricultural sector models that include the Regulatory Action In Question ‘‘rapeseed’’ to the existing pathway for direct and indirect impacts of feedstock renewable fuel made from canola oil. production. This final rule describes EPA’s • Fuel production—including process evaluation of: II. Identification of Additional Qualifying Renewable Fuel Pathways energy requirements, impacts of any raw Camelina (Camelina sativa) oil (new materials used in the process, and feedstock) Under the Renewable Fuel Standard • (RFS) Program benefits from co-products produced. Biodiesel, and renewable diesel, • Fuel and feedstock distribution— (including jet fuel, and heating oil)— This rule was originally published in including impacts of transporting qualifying to generate biomass-based the Federal Register at 77 FR 462, feedstock from production to use, and diesel and advanced biofuel RINs January 5, 2012 as a direct final rule, transport of the final fuel to the • Naphtha and liquefied petroleum with a parallel publication of a consumer. gas (LPG)—qualifying to generate proposed rule. A limited number of • Use of the fuel—including advanced biofuel RINs relevant adverse comments were combustion emissions from use of the Energy cane cellulosic biomass (new received, and EPA published a fuel in a vehicle. feedstock) withdrawal notice of the direct final Many of the pathways evaluated in • Ethanol, renewable diesel rule on March 5, 2012 (77 FR 13009). A this rulemaking rely on a comparison to (including renewable jet fuel and second comment period was not issued, the lifecycle GHG analysis work that heating oil), and renewable gasoline since the simultaneous publication of was done as part of the Renewable Fuel

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14192 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Standard Program Final Rule, published been limited.5 In addition to being used any state invasive species or noxious March 26, 2010 (75 FR 14670) (March as a renewable fuel feedstock, small weed list. We believe that the 2010 RFS). The evaluations here rely on quantities of camelina (less than 5% of production of camelina is unlikely to comparisons to the existing analyses total U.S. camelina production) are spread beyond the intended borders in presented in the March 2010 final rule. currently used as a dietary supplement which it is grown, which is consistent EPA plans to periodically review and and in the cosmetics industry. with the assumption in EPA’s lifecycle revise the methodology and Approximately 95% of current US analysis that significant expenditures of assumptions associated with calculating production of camelina has been used energy or other sources of GHGs will not the GHG emissions from all renewable for testing purposes to evaluate its use be required to remediate the spread of fuel pathways. as a feedstock to produce primarily jet this feedstock from the specific fuel.6 The FDA has not approved locations where it is grown as a A. Analysis of Lifecycle Greenhouse Gas camelina for food uses, although it has renewable fuel feedstock for the RFS Emissions for Biodiesel, Renewable approved the inclusion of certain program. Therefore, we are finalizing Diesel, Jet Fuel, Heating Oil, Naphtha, quantities of camelina meal in the camelina pathway in this rule based and Liquefied Petroleum Gas (LPG) commercial feed.7 on our lifecycle analysis discussed Produced From Camelina Oil In response to the proposed rule, EPA below.11 received comments highlighting the Camelina is currently being grown on The following sections describe EPA’s concern that by approving certain new approximately 50,000 acres of land in evaluation of camelina (Camelina feedstock types under the RFS program, the U.S., primarily in Montana, eastern sativa) as a biofuel feedstock under the EPA would be encouraging their Washington, and the Dakotas.12 USDA RFS program. As discussed previously, introduction or expanded planting does not systematically collect camelina this analysis relies on a comparison to without considering their potential production information; therefore data the lifecycle GHG analysis work that impact as invasive species.8 The degree on historical acreage is limited. was done as part of the Renewable Fuel of concern expressed by the commenters However, available information Standard Program (RFS) Final Rule, depended somewhat on the feedstock. indicates that camelina has been grown published March 26, 2010 for soybean As pointed out by the commenters, on trial plots in 12 U.S. states.13 oil biofuels. camelina and energy cane are not In response to the proposed rule, two commenters were supportive of the use 1. Feedstock Production ‘‘native species,’’ defined as ‘‘a species that, other than as a result of an of renewable feedstocks such as Camelina sativa (camelina) is an introduction, historically occurred or camelina oil to produce biofuels for oilseed crop within the flowering plant currently occurs in that ecosystem.’’ The aviation. One commenter noted that family Brassicaceae that is native to commenters asserted that there is a aviation is unique in its complete Northern Europe and Central Asia. ‘‘potential risk posed by the non-native dependency upon liquid fuel—today Camelina’s suitability to northern species camelina and energy cane.’’ In and into the foreseeable future. Another climates and low moisture requirements contrast, comments stated that giant commenter noted that development of allows it to be grown in areas that are reed (Arundo donax) or napier grass additional feedstocks and production unsuitable for other major oilseed crops (Pennisetum purpureum) have been pathways should increase supply and such as soybeans, sunflower, and identified as invasive species in certain ultimately move us closer to the day canola/rapeseed. Camelina also requires parts of the country. These commenters when renewable jet fuels are price- the use of little to no tillage.1 Compared asserted that the Arundo donax and competitive with legacy fossil fuels and to many other oilseeds, camelina has a napier grass pose a ‘‘clear risk of help cut our dependence on foreign oil. relatively short growing season (less invasion.’’ Commenters stated that EPA EPA also received comment regarding a than 100 days), and can be grown either should not approve the proposed concern that EPA did not adequately as a spring annual or in the winter in feedstocks until EPA has conducted an establish that camelina would only be 23 invasive species analysis, as required grown on fallow land and therefore milder climates. Camelina can also be 9 used to break the continuous planting under Executive Order (EO) 13112. would not have a land use impact and The information before us does not cycle of certain grains, effectively that EPA overestimated the likely yields raise significant concerns about the reducing the disease, insect, and weed in growing camelina and therefore threat of invasiveness and related GHG pressure in fields planted with such underestimated the land requirements. emissions for camelina. For example, In terms of the comment on camelina grains (like wheat) in the following camelina is not listed on the Federal not being grown on fallow land, for the year.4 Noxious Weed List,10 nor is it listed on purposes of analyzing the lifecycle GHG Although camelina has been emissions of camelina, EPA has cultivated in Europe in the past for use 5 Lafferty, Ryan M., Charlie Rife and Gus Foster. considered the likely production pattern as food, medicine, and as a source for 2009. Spring camelina production guide for the for camelina grown for biofuel lamp oil, commercial production using Central High Plains. Blue Sun Biodiesel special publication. Blue Sun Agriculture Research & production. Given the information modern agricultural techniques has Development, Golden, CO. http:// currently available, camelina is www.gobluesun.com/upload/Spring%20Cam- 1 Putnam, D.H., J.T. Budin, L.A. Field, and W.M. elina%20Production%20Guide%202009.pdf. in the U.S. or are incipient to the U.S. See http:// Breene. 1993. Camelina: A promising low-input 6 Telephone conversation with Scott Johnson, plants.usda.gov/java/ oilseed. p. 314–322. In: J. Janick and J.E. Simon Sustainable Oils, January 11, 2011. noxious?rptType=Federal&statefips=&sort=sc. (eds.), New crops. Wiley, New York. 7 See http://agr.mt.gov/camelina/FDAletter11- Accessed on March 28, 2012. 2 Moser, B.R., Vaughn, S.F. 2010. Evaluation of 09.pdf. 11 EPA continues to evaluate Arundo donax and Alkyl Esters from Camelina Sativa Oil as Biodiesel 8 Comment submitted by Jonathan Lewis, Senior napier grass as feedstock for a renewable fuel and as Blend Components in Ultra Low Sulfur Counsel, Climate Policy, Clean Air Task Force et al., pathway, and will make a final decision on these Diesel Fuel. Bioresource Technology. 101:646–653. dated February 6, 2012. Document ID # EPA–HQ– pathways at a later time. 3 McVay, K.A., and P.F. Lamb. 2008. Camelina OAR–2011–0542–0118. 12 McCormick, Margaret. ‘‘Oral Comments of production in Montana. MSU Ext. MT200701AG 9 http://www.gpo.gov/fdsys/pkg/FR-1999-02-08/ Targeted Growth, Incorporated’’ Submitted to the (revised). http://msuextension.org/publications/ pdf/99-3184.pdf. EPA on June 9, 2009. AgandNaturalResources/MT200701AG.pdf. 10 However, this list is not exhaustive and is 13 See https://www.camelinacompany.com/ 4 Putnam et al., 1993. generally limited to species that are not currently Marketing/PressRelease.aspx?Id=25.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14193

expected to be primarily planted in the decreases the demand for alternative below, on dryland wheat acres replacing U.S. as a rotation crop on acres that biofuels, some with higher GHG a period that the land would otherwise would otherwise remain fallow.14 emissions, this biofuel could have some be left fallow. Because camelina has not yet been beneficial GHG impact. However, it is In the semi-arid regions of the established as a commercial crop with uncertain which mix of biofuel sources Northern Great Plains, dryland wheat significant monetary value, farmers are the market will demand so this potential farmers currently leave acres fallow unlikely to dedicate acres for camelina GHG impact cannot be quantified. once every three to four years to allow production that could otherwise be used Commenters stated that EPA failed to additional moisture and nutrients to to produce other cash crops. Since justify why camelina would be grown accumulate (see Figure 1). Recent camelina would therefore not be on fallow land and thus result in no research indicates that introducing cool expected to displace another crop but land use change. In the proposed rule, season oilseed crops such as camelina rather maximize the value of the land EPA provided a detailed description of can provide benefits by reducing soil through planting camelina in rotation, the economics indicating why erosion, increasing soil organic matter, EPA does not believe new acres would producers are most likely to grow need to be brought into agricultural use camelina on land that would otherwise and disrupting pest cycles. Although to increase camelina production. In remain fallow. This analysis formed the long-term data on the effects of addition, camelina currently has only basis for why it was reasonable and replacing wheat/fallow growing patterns limited high-value niche markets for logical for camelina to be grown on with wheat/oilseed rotations is limited, uses other than renewable fuels. Unlike acres that would otherwise remain there is some data that growing oilseeds commercial crops that are tracked by fallow. Comments also indicated that in drier semi-arid regions year after year 16 USDA, camelina does not have a well- EPA’s economic basis for assuming can lead to reduced wheat yields. established, internationally traded camelina would most likely be grown However, the diversification and market that would be significantly on fallow land was inadequate, intensification of wheat-fallow cropping affected by an increase in the use of especially if production of camelina was systems can improve the long term camelina to produce biofuels. For these scaled up. However, the comment did economic productivity of wheat acres by reasons, which are described in more not indicate any specific point of error increasing soil nitrogen and soil organic detail below, EPA has determined that in our economically based analysis. As carbon pools.17 In addition, selective production of camelina-based biofuels is we described in the proposed rule and breeding is expected to reduce the not expected to result in significant discuss below, camelina is currently not potential negative impacts on wheat GHG emissions related to direct land a commercially raised crop in the yields.18 Additional research in this area use change since it is expected to be United States, therefore the returns on is needed and if significant negative grown on fallow land. Furthermore, due camelina are expected to be low impacts on crop rotations are to the limited non-biofuel uses for compared to wheat and other crops with determined from camelina grown on camelina, production of camelina-based established, commercially traded fallow acres EPA would take that into biofuels is not expected to have a markets.15 Therefore, EPA expects that account in future analysis. significant impact on other agricultural initial production of camelina for crop production or commodity markets biofuel production will be on land with 16 Personal communication with Andrew (either camelina or other crop markets) the lowest opportunity cost. Based on Lenssen, Department of Agronomy, Iowa State University, April 17, 2012. See also http:// and consequently would not result in this logic, EPA believes camelina will be significant GHG emissions related to www.ars.usda.gov/is/pr/2010/100413.htm. grown as a rotation crop, as discussed 17 See Sainju, U.M., T. Caesar-Tonthat, A.W. indirect land use change. To the extent Lenssen, R.G. Evans, and R. Kohlberg. 2007. Long- camelina-based biofuel production 15 See Shonnard, D. R., Williams, L., & Kalnes, T. term tillage and cropping sequence effects on N. 2010. Camelina-Derived Jet Fuel and Diesel: dryland residue and soil carbon fractions. Soil 14 Fallow land here refers to cropland that is Sustainable Advanced Biodiesel. Environmental Science Society of America Journal 71: 1730–1739. periodically not cultivated. Progress & Sustainable Energy, 382–392. 18 See Shonnard et al., 2010; Lafferty et al., 2009.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14194 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

As pointed out by commenters, in the expand beyond what is currently camelina would most likely not be able future camelina production could assumed in this analysis. However, to compete with other uses of land until

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES ER05MR13.014 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14195

it becomes a commercial crop with a be available annually for camelina may be attainable, but previous trials do well-established market value. EPA planting. not suggest that yields could reach this once again reiterates that we will b. Projected Volumes level in ten years. As a point of continue to monitor the growing clarification, we did not assume that patterns associated with camelina to Based on these projections of land yields would need to be 3000 pounds determine whether actual production is availability, EPA estimates that at per acre for biodiesel produced from consistent with the assumptions used in current yields (approximately 800 camelina oil to qualify as an advanced pounds per acre), approximately 100 this analysis. Monitoring will be done biofuel. In the analysis presented below, million gallons (MG) of camelina-based by tracking the amount of RIN EPA assumed yields of camelina would generating camelina fuel produced renewable fuels could be produced with be 1650 pounds per acre. Since the use through the EPA Moderated Transaction camelina grown in rotation with of camelina as a biofuel feedstock in the System (EMTS). We can compare the existing crop acres without having amount of RIN generating fuel against direct land use change impacts. Also, U.S. is in its infancy, it is reasonable to expected volumes from fallow acres in since camelina will likely be grown on consider how yields will change over conjunction with USDA. Consistent fallow land and thus not displace any time. Furthermore, jet fuel contracts and with EPA’s approach to all RFS other crop and since camelina currently the BCAP programs play a very feedstock pathway analyses, we will does not have other significant markets, important part in determining the periodically reevaluate whether our expanding production and use of amount of camelina planted, and assessment of GHG impacts will need to camelina for biofuel purposes is not therefore interest in increasing yields. be updated in the future based on the likely to have other agricultural market As the commenter noted, this yield potential for significant changes in our impacts and therefore, would not result assumption is within the range of analyses. in any significant indirect land use potential yields of 330–2400 pounds per impacts.21 Yields of camelina are acre found in the current literature. a. Land Availability expected to approach the yields of USDA estimates that there are similar oilseed crops over the next few c. Indirect Impacts approximately 60 million acres of wheat years, as experience with growing Although wheat can in some cases be in the U.S.19 USDA and wheat state camelina improves cultivation practices cooperative extension reports through and the application of existing grown in rotation with other crops such 2008 indicate that 83% of US wheat technologies are more widely adopted.22 as lentils, flax, peas, garbanzo, and production is under non-irrigated, Yields of 1650 pounds per acre have millet, cost and benefit analysis indicate dryland conditions. Of the been achieved on test plots, and are in that camelina is most likely to be approximately 50 million non-irrigated line with expected yields of other planted on soil with lower moisture and acres, at least 45% are estimated to oilseeds such as canola/rapeseed. nutrients where other rotation crops are follow a wheat/fallow rotation. Thus, Assuming average US yields of 1650 not viable.26 Because expected returns approximately 22 million acres are pounds per acre,23 approximately 200 on camelina are relatively uncertain, potentially suitable for camelina MG of camelina-based renewable fuels farmers are not expected to grow production. However, according to could be produced on existing wheat/ camelina on land that would otherwise industry projections, only about 9 fallow acres. Finally, if investment in be used to grow cash crops with well million of these wheat/fallow acres have new seed technology allows yields to established prices and markets. Instead, the appropriate climate, soil profile, and increase to levels assumed by Shonnard farmers are most likely to grow camelina market access for camelina et al (3000 pounds per acre), on land that would otherwise be left 20 production. Therefore, our analysis approximately 400 MG of camelina- fallow for a season. The opportunity uses the estimate that only 9 million based renewable fuels could be cost of growing camelina on this type of 24 wheat/fallow acres are available for produced on existing acres. land is much lower. As previously camelina production. Depending on future crop yields, we discussed, this type of land represents One commenter stated that EPA project that roughly 100 MG to 400 MG the 9 million acres currently being assumed more than 8 million acres of camelina-based biofuels could be would be used to produce camelina, produced on currently fallow land with targeted for camelina production. even though a recent paper stated that no impacts on land use.25 Current returns on camelina are only 5 million acres would have the We also received comments that we relatively low ($13.24 per acre), given potential to grow camelina in a overestimated long term camelina average yields of approximately 800 sustainable manner in a way that would yields. The commentors stated that pounds per acre and the current not impact the food supply. This reaching yields of 3000 pounds per acre contract price of $0.145 per pound.27 commenter misinterpreted EPA’s See Table 1. For comparison purposes, assumptions. EPA’s assessment is based 21 Wheeler, P. and Guillen-Portal F. 2007. the USDA projections for wheat returns on a three year rotation cycle in which Camelina Production in Montana: A survey study are between $133–$159 per acre sponsored by Targeted Growth, Inc. and Barkley Ag. 28 only one third of the 9 million available Enterprises, LLP. between 2010 and 2020. Over time, acres would be fallow in any given year. 22 See Hunter, J and G. Roth. 2010. Camelina advancements in seed technology, In other words, EPA assumed only 3 Production and Potential in Pennsylvania, Penn improvements in planting and million acres would be planted with State University Agronomy Facts 72. See http:// harvesting techniques, and higher input camelina in any given year. This pubs.cas.psu.edu/freepubs/pdfs/uc212.pdf. 23 usage could significantly increase future number is less than the 5 million acres Ehrensing, D.T. and S.O. Guy. 2008. Oilseed Crops—Camelina. Oregon State Univ. Ext. Serv. camelina yields and returns. the Shonnard et. al. paper states would EM8953–E. See http://extension.oregonstate.edu/ catalog/pdf/em/em8953-e.pdf; McVay & Lamb, 26 See Lafferty et al, 2009; Shonnard et al, 2010; 19 2009 USDA Baseline. See http:// 2008. Sustainable Oils Memo dated November 5, 2010. www.ers.usda.gov/publications/oce091/. 24 See Shonnard et al., 2010. 27 20 Johnson, S. and McCormick, M., Camelina: an 25 This assumes no significant adverse climate Wheeler & Guillen-Portal, 2007. Annual Cover Crop Under 40 CFR Part 80 Subpart impacts on world agricultural yields over the 28 See http://www.ers.usda.gov/media/273343/ M, Memorandum, dated November 5, 2010. analytical timeframe. oce121_2_.pdf.

VerDate Mar<15>2010 16:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14196 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

TABLE 1—CAMELINA COSTS AND RETURNS

2030 Inputs Rates 2010 2022 Camelina 29 Camelina 30 Camelina 31

Herbicides: Glysophate (Fall) ...... 16 oz. ( $0.39/oz) ...... $7.00 $7.00 $7.00 Glysophate (Spring) ...... 16 oz. ( $0.39/oz) ...... $7.00 $7.00 $7.00 Post ...... 12 oz ( $0.67/oz) ...... $8.00 $8.00 $8.00 Seed: Camelina seed ...... $1.44/lb ...... $5.76 $7.20 $7.20 (4 lbs/acre) (5 lbs/acre) (5 lbs/acre) Fertilizer: Nitrogen Fertilizer ...... $1/pd ...... $25.00 $40.00 $75 (25 lb/acre) (40 lb/acre) (75 lbs/acre) Phosphate Fertilizer ...... $1/pd ...... $15.00 $15.00 $15 (15 lb/acre) (15 lb/acre) (15 lb/acre) Sub-Total ...... $67.76 $84.20 $119.20 Logistics: Planting Trip ...... $10.00 $10.00 $10.00 Harvest & Hauling ...... $25.00 $25.00 $25.00 Total Cost ...... $102.76 $119.20 $154.20 Yields ...... lb/acre ...... 800 1650 3000 Price ...... $/lb ...... $0.145 $0.120 $0.090 Total Revenue at avg prod/pricing ...... $116.00 $198 $270 Returns ...... $13.24 $78.80 $115.80

While replacing the fallow period in camelina may be affected differently production for biofuel internationally. a wheat rotation is expected to be the than in colder climates.33 Therefore, Additionally, any camelina production primary means by which the majority of camelina grown outside of a wheat on existing cropland internationally all domestic camelina is commercially fallow situation was not considered as would not be expected to have land use harvested in the short- to medium-term, part of this analysis. impacts beyond what was considered in the long term camelina may expand The determination in this final rule is for international soybean production to other regions and growing methods.32 based on our projection that camelina is (soybean oil is the expected major For example, if camelina production likely to be produced on what would feedstock source for US biodiesel fuel expanded beyond the 9 million acres otherwise be fallow land. However, the production and thus the feedstock of assumed available from wheat fallow rule applies to all camelina regardless of reference for the camelina evaluation). land, it could impact other crops. where it is grown. EPA does not expect Because of these factors along with the However, as discussed above this is not that significant camelina would be small amounts of fuel potentially likely to happen in the near term due to grown on non-fallow land, and small coming from other countries, we believe uncertainties in camelina financial quantities that may be grown elsewhere that incorporating fuels produced in returns. Camelina production could also and used for biofuel production will not other countries will not impact our occur in areas where wheat is not significantly impact our analysis. threshold analysis for camelina-based commonly grown. For example, testing Furthermore, although we expect biofuels. of camelina production has occurred in most camelina used as a feedstock for Florida in rotation with kanaf, peanuts, renewable fuel production that would d. Crop Inputs cotton, and corn. However, only 200 qualify in the RFS program would be acres of camelina were harvested in grown in the U.S., today’s rule would For comparison purposes, Table 2 2010 in Florida. While Florida acres of apply to qualifying renewable fuel made shows the inputs required for camelina camelina are expected to be higher in from camelina grown in any country. production compared to the FASOM 2011, very little research has been done For the same reasons that pertain to U.S. agricultural input assumptions for on growing camelina in Florida. For production of camelina, we expect that soybeans. Since yields and input example, little is known about potential camelina grown in other countries assumptions vary by region, a range of seedling disease in Florida or how would also be produced on land that values for soybean production are would otherwise be fallow and would shown in Table 2. The camelina input 29 See Sustainable Oils Memo dated November 5, therefore have no significant land use values in Table 2 represent average 2010. change impacts. The renewable biomass values, camelina input values will also 30 Based on yields technically feasible. See provisions under the Energy vary by region, however, less data is McVey and Lamb, 2008; Ehrenson & Guy, 2008. available comparing actual practices by 31 Independence and Security Act would Adapted from Shonnard et al, 2010. region due to limited camelina 32 See Sustainable Oils Memo dated November 5, prohibit direct land conversion into new 2010 for a map of the regions of the country where agricultural land for camelina production. More information on camelina is likely to be grown in wheat fallow camelina inputs is available in materials conditions. 33 Wright & Marois, 2011. provided in the docket.

VerDate Mar<15>2010 16:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14197

TABLE 2—INPUTS FOR CAMELINA AND SOYBEAN PRODUCTION

Camelina Soybeans (varies by region) Inputs Emissions Inputs Emissions (per acre) (per mmBtu fuel) (per acre) (per mmBtu fuel)

N2O ...... N/A ...... 22 kg CO2-eq ...... N/A ...... 9–12 kg CO2-eq. Nitrogen Fertilizer ...... 40 lbs ...... 7 kg CO2-eq ...... 3.5–8.2 lbs ...... 1–3 kg CO2-eq. Phosphorous Fertilizer ...... 15 lbs ...... 1 kg CO2-eq ...... 5.4–21.4 lbs ...... 0–2 kg CO2-eq. Potassium Fertilizer ...... 10 lbs ...... 0 kg CO2-eq ...... 3.1–24.3 lbs ...... 0–2 kg CO2-eq. Herbicide ...... 2.75 lbs ...... 3 kg CO2-eq ...... 0.0–1.3 lbs ...... 0–2 kg CO2-eq. Pesticide ...... 0 lbs ...... 0 kg CO2-eq ...... 0.1–0.8 lbs ...... 0–2 kg CO2-eq. Diesel ...... 3.5 gal ...... 5 kg CO2-eq ...... 3.8–8.9 gal ...... 7–20 kg CO2-eq. Gasoline ...... 0 gal ...... 0 kg CO2-eq ...... 1.6–3.0 gal ...... 3–5 kg CO2-eq. Total ...... 39 kg CO2-eq ...... 21–47 kg CO2-eq.

Regarding crop inputs per acre, it acre and fertilizer, herbicide, pesticide, the lifecycle GHG emissions from this should be noted that camelina has a and petroleum use. stage for soybean oil and camelina oil. higher percentage of oil per pound of In summary, EPA concludes that the As discussed above, camelina seeds seed than soybeans. Soybeans are agricultural inputs for growing camelina produce more oil per pound than approximately 18% oil, therefore are similar to those for growing soy soybeans. As a result, the lifecycle GHG crushing one pound of soybeans yields beans, direct land use change impacts emissions associated with crushing and 0.18 pounds of oil. In comparison, are expected to be negligible due to oil extraction are lower for camelina camelina is approximately 36% oil, planting on land that would be than soybeans, per pound of vegetable therefore crushing one pound of otherwise fallow, and the limited oil produced. Table 3 summarizes data camelina yields 0.36 pounds of oil. The production and use of camelina on inputs, outputs and estimated difference in oil yield is taken into indicates no expected impacts on other lifecycle GHG emissions from crushing account when calculating the emissions crops and therefore no indirect land use and oil extraction. The data on soybean per mmBTU included in Table 2. As impacts. crushing comes from the March 2010 shown in Table 2, GHG emissions from RFS final rule, based on a process model e. Crushing and Oil Extraction feedstock production for camelina and developed by USDA–ARS.34 The data soybeans are relatively similar when We also looked at the seed crushing on camelina crushing is from Shonnard factoring in variations in oil yields per and oil extraction process and compared et al. (2010).

TABLE 3—COMPARISON OF CAMELINA AND SOYBEAN CRUSHING AND OIL EXTRACTION

Item Soybeans Camelina Units

Material Inputs: Beans or Seeds ...... 5.38 2.90 Lbs. Energy Inputs: Electricity ...... 374 47 Btu. Natural Gas & Steam ...... 1,912 780 Btu. Outputs: Refined vegetable oil ...... 1.00 1.00 Lbs. Meal ...... 4.08 1.85 Lbs. GHG Emissions ...... 213 64 gCO2e/lb refined oil.

2. Feedstock Distribution, Fuel same distribution impacts for camelina into fuel. The trans-esterification Distribution, and Fuel Use as soybean is a reasonable estimate of process produces biodiesel and a For this analysis, EPA projects that the GHG emissions from camelina glycerin co-product. The hydrotreating the feedstock distribution emissions feedstock distribution. In addition, the process can be configured to produce will be the same for camelina and final fuel produced from camelina is renewable diesel either primarily as soybean oil. To the extent that camelina also expected to be similar in diesel fuel (including heating oil) or contains more oil per pound of seed, as composition to the comparable fuel primarily as jet fuel. Possible additional discussed above, the energy needed to produced from soybeans, therefore we products from hydrotreating include move the camelina would be lower than are assuming GHG emissions from the naphtha LPG, and propane. Both soybeans per gallon of fuel produced. distribution and use of fuels made from processes and the fuels produced are To the extent that camelina is grown on camelina will be the same as emissions described in the following sections. more disperse fallow land than soybean of fuel produced from soybeans. Both processes use camelina oil as a and would need to be transported 3. Fuel Production feedstock and camelina crushing is also further, the energy needed to move the included in the analysis. camelina could be higher than soybean. There are two main fuel production We believe the assumption to use the processes used to convert camelina oil

34 A. Pradhan, D.S. Shrestha, A. McAloon, W. Biodiesel’’, United States Department of Energy Policy and New Uses, Agricultural Yee, M. Haas, J.A. Duffield, H. Shapouri, September Agriculture, Office of the Chief Economist, Office of Economic Report Number 845. 2009, ‘‘Energy Life-Cycle Assessment of Soybean

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14198 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

a. Biodiesel could range from fairly high reduction of renewable diesel is relatively 35 For this analysis, we assumed the credits if petroleum glycerin is replaced insensitive to feedstock source. While same biodiesel production facility to lower reduction credits if it is used any propane produced as part of the designs and conversion efficiencies as in new markets that have no direct hydrotreating process will most likely modeled for biodiesel produced from replacement product, and therefore no be combusted within the facility for soybean oil and canola/rapeseed oil. replaced emissions. process energy, the other co-products EPA does not have sufficient Camelina oil biodiesel is produced that can be produced (i.e., renewable information (and received no relevant using the same methods as soybean oil diesel, naphtha, LPG) are higher value comments as part of the March 2010 biodiesel, therefore plant designs are products that could be used as RFS rule) on which to allocate glycerin assumed to not significantly differ transportation fuels or, in the case of use across the range of likely uses. between fuels made from these naphtha, a blendstock for production of Therefore, EPA believes that the feedstocks. As was the case for soybean transportation fuel. The hydrotreating approach used in the RFS of picking a oil biodiesel, we have not projected in process maximized for producing a surrogate use for modeling purposes in our assessment of camelina oil biodiesel diesel fuel replacement as the primary the mid-range of likely glycerin uses, fuel product requires more overall any significant improvements in plant and the GHG emissions results tied to technology. Unanticipated energy material and energy inputs than such use, is reasonable. The transesterification to produce biodiesel, saving improvements would further replacement of an energy equivalent improve GHG performance of the fuel but it also results in a greater amount of amount of residual oil is a simplifying other valuable co-products as listed pathway. assumption determined by EPA to The glycerin produced from camelina above. The hydrotreating process can reflect the mid-range of possible biodiesel production is chemically also be maximized for jet fuel glycerin uses in terms of GHG credits. production which requires even more equivalent to the glycerin produced EPA believes that it is appropriately from the existing biodiesel pathways process energy than the process representative of GHG reduction credit optimized for producing a diesel fuel (e.g., based on soy oil) that were across the possible range without analyzed as part of the March 2010 RFS replacement, and produces a greater necessarily biasing the results toward amount of co-products per barrel of final rule. Therefore the same co- high or low GHG impact. Given the product credit would apply to glycerin feedstock, especially naphtha. fundamental difficulty of predicting Producers of renewable diesel from from camelina biodiesel as glycerin possible glycerin uses and impacts of produced in the biodiesel pathways camelina have expressed interest in those uses many years into the future generating RINs under the RFS program modeled for the March 2010 RFS final under evolving market conditions, EPA rule. The assumption is that the GHG for the slate of products resulting from believes it is reasonable to use the more the hydrotreating process. Our lifecycle reductions associated with the simplified approach to calculating co- replacement of residual oil with analysis accounts for the various uses of product GHG benefits associated with the co-products. There are two main glycerin on an energy equivalent basis glycerin production at this time. EPA represents an appropriate midrange co- approaches to accounting for the co- will continue to evaluate the co-product products produced, the allocation product credit of biodiesel produced credit associated with glycerine glycerin. approach, and the displacement production in future rulemakings. approach. In the allocation approach all As part of our RFS2 proposal, we Given the fact that GHG emissions the emissions from the hydrotreating assumed the glycerin would have no from camelina-based biodiesel would be process are allocated across all the value and would effectively receive no similar to the GHG emissions from co-product credits in the soy biodiesel soybean-based biodiesel at all stages of different co-products. There are a pathway. We received numerous the lifecycle but would not result in number of ways to do this but since the comments, however, asserting that the land use changes as was the case for soy main use of the co-products would be to glycerin would have a beneficial use oil used as a feedstock, we believe generate RINs as a fuel product we and should generate co-product biodiesel from camelina oil will also allocate based on the energy content of benefits. Therefore, the biodiesel meet the 50% GHG emissions reduction the co-products produced. In this case, glycerin co-product determination made threshold to qualify as a biomass based emissions from the process would be as part of the March 2010 RFS final rule diesel and an advanced fuel. Therefore, allocated equally to all the Btus took into consideration the possible EPA is including biodiesel produced produced. Therefore, on a per Btu basis range of co-product credit results. The from camelina oil under the same all co-products would have the same actual co-product benefit will be based pathways for which biodiesel made emissions. The displacement approach on what products are replaced by the from soybean oil qualifies under the would attribute all of the emissions of glycerin and what new uses develop for March 2010 RFS final rule. the hydrotreating process to one main the co-product glycerin. The total product and then account for the amount of glycerin produced from the b. Renewable Diesel (Including Jet Fuel emission reductions from the other co- biodiesel industry will actually be used and Heating Oil), Naphtha, and LPG products displacing alternative product across a number of different markets The same feedstocks currently used production. For example, if the with different GHG impacts. This could for biodiesel production can also be hydrotreating process is configured to include for example, replacing used in a hydrotreating process to maximize diesel fuel replacement petroleum glycerin, replacing fuel produce a slate of products, including production, all of the emissions from products (residual oil, diesel fuel, diesel fuel, heating oil (defined as No. the process would be attributed to diesel natural gas, etc.), or being used in new 1 or No. 2 diesel), jet fuel, naphtha, LPG, fuel, but we would then assume the products that don’t have a direct and propane. Since the term renewable other co-products were displacing replacement, but may nevertheless have diesel is defined to include the products indirect effects on the extent to which diesel fuel, jet fuel and heating oil, the 35 Kalnes, T., N., McCall, M., M., Shonnard, D., R., 2010. Renewable Diesel and Jet-Fuel Production existing competing products are used. following discussion uses the term from Fats and Oils. Thermochemical Conversion of The more immediate GHG reduction renewable diesel to also include diesel Biomass to Liquid Fuels and Chemicals, Chapter 18, credits from glycerin co-product use fuel, jet fuel and heating oil. The yield p. 475.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14199

alternative products, for example, displacement credits to assign than reduction threshold for biomass based naphtha would displace gasoline, LPG would be the case if RINs were not diesel or advanced biofuel when co- would displace natural gas, etc. This generated for the co-products.36 On the products are RIN-generating, they will assumes the other alternative products other hand, the upstream lifecycle GHG also do so in the case when RINs are not are not produced or used, so we would emissions associated with producing generated for co-products. subtract the emissions of gasoline and transporting the plant oil feedstocks We have evaluated information about production and use, natural gas will be distributed over a larger group production and use, etc. This would of RIN-generating products. Assuming the lifecycle GHG emissions associated show up as a GHG emission credit each product (except propane) produced with the hydrotreating process which associated with the production of diesel via the camelina oil hydrotreating can be maximized for jet fuel or diesel fuel replacement. process will generate RINs results in replacement fuel production. Our To account for the case where RINs higher lifecycle GHG emissions for evaluation considers information are generated for the jet fuel, naphtha diesel fuel replacement as compared to published in peer-reviewed journal and LPG in addition to the diesel the case where the co-products are not articles and publicly available literature replacement fuel produced, we would used to generate RINs. This general (Kalnes et al., 2010, Pearlson, M., N., not give the diesel replacement fuel a principle is also true when the 2011,37 Stratton et al., 2010, Huo et al., displacement credit for these co- hydrotreating process is maximized for 2008 38). Our analysis of GHG emissions products. Instead, the lifecycle GHG jet fuel production. As a result, the from the hydrotreating process is based emissions from the fuel production worst GHG performance (i.e., greatest on the mass and energy balance data in processes would be allocated to each of lifecycle GHG emissions) for diesel Pearlson (2011) which analyzes a the RIN-generating products on an replacement fuel and jet fuel produced hydrotreating process maximized for energy content basis. This has the effect from camelina oil via hydrotreating will diesel replacement fuel production and of tending to increase the fuel occur when all of the co-products are a hydrotreating process maximized for production lifecycle GHG emissions RIN-generating (we assume propane will jet fuel production.39 This data is associated with the diesel replacement be used for process energy). Thus, if summarized in Table 4. fuel because there are less co-product these fuels meet the 50% GHG

TABLE 4—HYDROTREATING PROCESSES TO CONVERT CAMELINA OIL INTO DIESEL REPLACEMENT FUEL AND JET FUEL40

Maximized Units for diesel Maximized (per gallon of fuel for jet fuel fuel production production produced)

Inputs: Refined camelina oil ...... 9.56 12 .84 Lbs. Hydrogen ...... 0.04 0.08 Lbs. Electricity ...... 652 865 Btu. Natural Gas ...... 23,247 38,519 Btu. Outputs: Diesel Fuel ...... 123,136 55,845 Btu. Jet fuel ...... 23,197 118,669 Btu. Naphtha ...... 3,306 17,042 Btu. LPG ...... 3,084 15,528 Btu. Propane ...... 7,454 9,881 Btu.

Table 5 compares lifecycle GHG this case we assume that RINs are displacing fossil fuel such as natural emissions from oil extraction and fuel generated for the use of LPG in a way gas. Supporting information for the production for soybean oil biodiesel and that meets the EISA definition of values in Table 5, including key for camelina-based diesel and jet fuel. transportation fuel, for example it could assumptions and data, is provided The lifecycle GHG estimates for be used in a nonroad vehicle. The through the docket.41 The key camelina oil diesel and jet fuel are based lifecycle GHG results in Table 5 assumptions and data discussed in the on the input/output data summarized in represent the worst case scenario (i.e., docket include the emissions factors for Table 3 (for oil extraction) and Table 4 highest GHG emissions) because all of natural gas, hydrogen and grid average (for fuel production). We assume that the eligible co-products are used to electricity, and the energy allocation the propane co-product does not generate RINs. This is because, as and displacement credits given to co- generate RINs; instead, it is used for discussed above, lifecycle GHG products. These data and assumptions process energy displacing natural gas. emissions per Btu of diesel or jet fuel We also assume that the naphtha is used would be lower if the naphtha or LPG are based on the approach taken in the as blendstock for production of is not used to generate RINs and is March 2010 RFS rule, as explained transportation fuel to generate RINs. In instead used for process energy further below. 36 For a similar discussion see page 46 of Stratton, 38 Huo, H., Wang., M., Bloyd, C., Putsche, V., information (CBI). The conclusions using the CBI R.W., Wong, H.M., Hileman, J.I. 2010. Lifecycle 2008. Life-Cycle Assessment of Energy and data are consistent with the analysis presented here. Greenhouse Gas Emissions from Alternative Jet Greenhouse Gas Effects of Soybean-Derived 40 Based on Pearlson (2011), Table 3.1 and Table Fuels. PARTNER Project 28 report. Version 1.1. Biodiesel and Renewable Fuels. Argonne National 3.2. PARTNER–COE–2010–001. June 2010, http:// Laboratory. Energy Systems Division. ANL/ESD/08– 41 web.mit.edu/aeroastro/partner/reports/proj28/ See for example the spreadsheet with lifecycle partner-proj28-2010-001.pdf. 2. March 12, 2008. GHG emissions calculations titled ‘‘Final Camelina 37 Pearlson, M., N. 2011. A Techno-Economic and 39 We have also considered data submitted by Calculations for Docket’’ with document number Environmental Assessment of Hydroprocessed companies involved in the hydrotreating industry EPA–HQ–OAR–2011–0542–0046. Renewable Distillate Fuels. which is claimed as confidential business

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14200 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

TABLE 5—FUEL PRODUCTION LIFECYCLE GHG EMISSIONS [kgCO2e/mmBtu) 42

RIN-Generating Oil Feedstock Production process products Other co-products extraction Processing Total

Soybean Oil ...... Trans-Esterification ... Biodiesel ...... Glycerin ...... 14 (1 ) 13 Camelina Oil ...... Trans-Esterification ... Biodiesel ...... Glycerin ...... 4 (1 ) 3 Camelina Oil ...... Hydrotreating Maxi- Diesel ...... Propane ...... 4 8 12 mized for Diesel. Jet Fuel. Naphtha. LPG. Camelina Oil ...... Hydrotreating Maxi- Diesel Fuel ...... Propane ...... 4 11 14 mized for Jet Fuel. Jet Fuel. Naphtha. LPG.

we conclude that renewable diesel from However, while production of As discussed above, for a process that camelina oil will also meet the 50% camelina on acres that would otherwise produces more than one RIN-generating GHG emissions reduction threshold to remain fallow is expected to be the output (e.g., the hydrotreating process qualify as biomass based diesel and primary means by which the majority of summarized in Table 5 which produces advanced fuel. Although some of the all camelina is commercially harvested diesel replacement fuel, jet fuel, and potential configurations result in fuel in the short- to medium- term, in the naphtha) we allocate lifecycle GHG production GHG emissions that are long term camelina may expand to other emissions to the RIN generating higher than fuel production GHG growing methods and lands if demand products on an energy equivalent basis. emissions for soybean oil biodiesel, land increases substantially beyond what We then normalize the allocated use change emissions account for EPA is currently predicting. While the lifecycle GHG emissions per mmBtu of approximately 80% of the soybean oil to impacts are uncertain, there are some each fuel product. Therefore, each RIN- biodiesel lifecycle GHGs. Since indications demand could increase generating product from the same camelina is assumed not to have land significantly. For example, camelina is process will be assigned equal lifecycle use change emissions, our analysis included under USDA’s Biomass Crop GHG emissions per mmBtu from fuel shows that camelina renewable diesel Assistance Program (BCAP) and there is processing. For example, based on the will qualify for advanced renewable fuel growing support for the use of camelina lifecycle GHG estimates in Table 5 for and biomass-based diesel RINs even for oil in producing drop-in alternative the hydrotreating process maximized to the cases with the highest lifecycle aviation fuels. EPA plans to monitor, produce jet fuel, the jet fuel and the GHGs (e.g., when all of the co-products through EMTS and in collaboration with naphtha both have lifecycle GHG are used to generate RINs.) Because the USDA, the expansion of camelina emissions of 14 kgCO2e/mmBtu. For the lifecycle GHG emissions for RIN- production to verify whether camelina same reasons, the lifecycle GHG generating co-products are very similar, is primarily grown on existing acres emissions from the jet fuel and naphtha we can also conclude renewable once camelina is produced at larger- will stay equivalent if we consider gasoline blendstock and LPG produced scale volumes. Similarly, we will upstream GHG emissions, such as from camelina oil will also meet the consider market impacts if alternative emissions associated with camelina 50% GHG emissions reduction uses for camelina expand significantly cultivation and harvesting. Lifecycle threshold. If the facility does not beyond what was described in the above GHG emissions from fuel distribution actually generate RINs for one or more analysis. Just as EPA plans to and use could be somewhat different for of these co-products, we estimate that periodically review and revise the the jet fuel and naphtha, but since these the lifecycle GHG emissions related to methodology and assumptions stages produce a relatively small share the RIN-generating products would be associated with calculating the GHG of the emissions related to the full fuel lower, thus renewable diesel (which emissions from all renewable fuel lifecycle, the overall difference will be includes diesel fuel, jet fuel, and heating feedstocks, EPA expects to review and quite small. oil) from camelina would still meet the revise as necessary the analysis of Given that GHG emissions from 50% emission reduction threshold. camelina in the future. camelina oil would be similar to the GHG emissions from soybean oil at all 4. Summary Taking into account the assumption of stages of the lifecycle but would not no land use change emissions when result in land use change emissions (soy Current information suggests that camelina is used to produce renewable oil feedstock did have a significant land camelina will be produced on land that fuel, and considering that other sources use change impact but still met a 50% would otherwise remain fallow. of GHG emissions related to camelina GHG reduction threshold), and Therefore, increased production of biodiesel or renewable diesel considering differences in process camelina-based renewable fuel is not production have comparable GHG emissions between soybean biodiesel expected to result in significant land use emissions to biodiesel from soybean oil, and camelina-based renewable diesel, change emissions; however, the agency we have determined that camelina- will continue to monitor volumes based biodiesel and renewable diesel 42 Lifecycle GHG emissions are normalized per through EMTS to verify this should be treated in the same manner as mmBtu of RIN-generating fuel produced. Totals assumption. For the purposes of this soy-based biodiesel and renewable may not be the sum of the rows due to rounding analysis, EPA is projecting there will be diesel in qualifying as biomass-based error. Parentheses indicate negative numbers. no land use emissions associated with diesel and advanced biofuel for Process emissions for biodiesel production are negative because they include the glycerin offset camelina production for use as a purposes of RIN generation, since the credit. renewable fuel feedstock. GHG emission performance of the

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14201

camelina-based fuels will be at least as light of the revised definition of B. Lifecycle Greenhouse Gas Emissions good and in some respects better than renewable diesel enacted after the RFS2 Analysis for Ethanol, Diesel, Jet Fuel, that modeled for fuels made from rule, there is ambiguity regarding the Heating Oil, and Naphtha Produced soybean oil. EPA found as part of the extent to which references in Table 1 to From Energy Cane Renewable Fuel Standard final ‘‘renewable diesel’’ include jet fuel. For this rulemaking, EPA considered rulemaking that soybean biodiesel The original lifecycle analysis for the the lifecycle GHG impacts of a new type resulted in a 57% reduction in GHG renewable diesel from hydrotreating of high-yielding perennial grass similar emissions compared to the baseline pathways listed in Table 1 to § 80.1426 in cellulosic composition to switchgrass petroleum diesel fuel. Furthermore, was not based on producing jet fuel but and comparable in status as an emerging approximately 80% of the lifecycle rather other transportation diesel fuel energy crop. The grass considered in impacts from soybean biodiesel were products, namely a diesel fuel this rulemaking is energy cane, which is from land use change emissions which replacement. As discussed above, the defined as a complex hybrid in the are assumed to be not significant for the hydrotreating process can produce a Saccharum genus that has been bred to camelina pathway considered. Thus, mix of products including jet fuel, maximize cellulosic rather than sugar EPA is including camelina oil as a diesel, naphtha, LPG and propane. Also, content. potential feedstock under the same as discussed, there are differences in the As discussed above, in response to the biodiesel and renewable diesel (which process configured for maximum jet fuel proposed rule, EPA received comments includes diesel fuel, jet fuel, and heating production vs. the process maximized highlighting the concern that by oil) pathways for which soybean oil for diesel fuel production and the approving certain new feedstock types currently qualifies. We are also lifecycle results vary depending on what under the RFS program, EPA would be including a pathway for naphtha and approach is used to consider co- encouraging their introduction or LPG produced from camelina oil products (i.e., the allocation or expanded planting without considering through hydrotreating. This is based on displacement approach). their potential impact as invasive the fact that our analysis shows that 44 In cases where there are no pathways species. even when all of the co-products are As described in the previous section for generating RINs for the co-products used to generate RINs the lifecycle GHG on camelina, the information before us from the hydrotreating process it would emissions for RIN-generating co- does not raise significant concerns about be appropriate to use the displacement products including diesel replacement the threat of invasiveness and related method for capturing the credits of co- fuel, jet fuel, naphtha and LPG GHG emissions for energy cane. Energy products produced. This is the case for produced from camelina oil will all cane is generally a hybrid of Saccharum most of the original feedstocks included meet the 50% GHG emissions reduction officinarum and Saccharum in Table 1 to § 80.1426.43 As was threshold. spontaneum, though other species such discussed previously, if the We are also clarifying that two as Saccharum barberi and Saccharum displacement approach is used when jet existing pathways for RIN generation in sinense have been used in the fuel is the primary product produced it the RFS regulations that list ‘‘renewable development of new cultivars.45 Given results in lower emissions than the diesel’’ as a fuel product produced the fact that S. spontaneum is listed on production maximized for diesel fuel through a hydrotreating process include the Federal Noxious Weed List, this production. Therefore, since the jet fuel. This applies to two pathways in rulemaking does not allow for the hydrotreating process maximized for Table 1 to § 80.1426 of the RFS inclusion of S. spontaneum in the diesel fuel meets the 50% lifecycle GHG regulations which both list renewable definition of energy cane. However, threshold for the feedstocks in question, diesel made from soy bean oil, oil from hybrids derived from S. spontaneum the process maximized for jet fuel annual covercrops, algal oil, biogenic that have been developed and publicly would also qualify. waste oils/fats/greases, or non-food released by USDA are included in this grade corn oil using hydrotreating as a Thus, we are interpreting the definition of the energy cane feedstock. process. If parties produce jet fuel from references to ‘‘renewable diesel’’ in USDA’s Agricultural Research Service the hydrotreating process and co- Table 1 to include jet fuel, consistent has developed strains of energy cane process renewable biomass and with our regulatory definition of ‘‘non- that strive to maximize fiber content and petroleum they can generate advanced ester renewable diesel,’’ since doing so minimize invasive traits. Therefore, we biofuel RINs (D code 5) for the jet fuel clarifies the existing regulations while believe that the production of cultivars produced. If they do not co-process ensuring that Table 1 to § 80.1426 of energy cane that were developed by renewable biomass and petroleum they appropriately identifies fuel pathways USDA are unlikely to spread beyond the can generate biomass-based diesel RINs that meet the GHG reduction thresholds intended borders in which it is grown, (D code 4) for the jet fuel produced. associated with each pathway. § 80.1401 of the RFS regulations which is consistent with the assumption currently defines non-ester renewable We note that although the definition in EPA’s lifecycle analysis that diesel as a fuel that is not a mono-alkyl of renewable diesel includes jet fuel and significant expenditures of energy or ester and which can be used in an heating oil, we have also listed in Table other sources of GHGs will not be engine designed to operate on 1 of section 80.1426 of the RFS required to remediate the spread of this conventional diesel fuel or be heating regulations jet fuel and heating oil as feedstock from the specific locations oil or jet fuel. The reference to jet fuel specific co-products in addition to where it is grown as a renewable fuel in this definition was added by direct listing renewable diesel to assure final rule dated May 10, 2010. Table 1 clarity. This clarification also pertains to 44 Comment submitted by Jonathan Lewis, Senior all the feedstocks already included in Counsel, Climate Policy, Clean Air Task Force et al., to § 80.1426 identifies approved fuel dated February 6, 2012. Document ID # EPA–HQ– pathways by fuel type, feedstock source Table 1 for renewable diesel. OAR–2011–0542–0118. and fuel production processes. The 45 See https://www.crops.org/publications/jpr/ table, which was largely adopted as part 43 The exception is renewable gasoline blendstock abstracts/2/3/211?access=0&view=pdf and http:// produced from waste categories, but these would www.cpact.embrapa.br/eventos/2010/ of the March 26, 2010 RFS final rule, pass the lifecycle thresholds regardless of the simposio_agroenergia/palestras/10_terca/Tarde/ identifies jet fuel and renewable diesel allocation approach used given their low feedstock USA/4%20%20%208-10- as separate fuel types. Accordingly, in GHG impacts. 2010%20Cold%20Tolerance.pdf.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14202 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

feedstock for the RFS program. analysis to assess the relative GHG from approximately 11 to 20 dry tons Therefore, we are finalizing the energy impacts of biofuel produced from per acre.46 47 Until recently there have cane pathway in this rule based on our energy cane. As with the switchgrass been few efforts to improve energy cane lifecycle analysis discussed below. analysis, we have attributed all land use yields, but several energy cane In the proposed and final RFS rule, impacts and resource inputs from use of development programs are now EPA analyzed the lifecycle GHG impacts these feedstocks to the portion of the underway to further increase its biomass of producing and using cellulosic fuel produced that is derived from the productivity. In general, energy cane ethanol and cellulosic Fischer-Tropsch cellulosic components of the feedstocks. will have higher yields than diesel from switchgrass. The midpoint Based on this analysis and currently switchgrass, so from a crop yield of the range of switchgrass results available information, we conclude that perspective, the switchgrass analysis showed a 110% GHG reduction (range biofuel (ethanol, cellulosic diesel, jet would be a conservative estimate when of 102%–117%) for cellulosic ethanol fuel, heating oil and naphtha) produced comparing against the energy cane (biochemical process), a 72% (range of from the cellulosic biomass of energy pathway. ¥64% to ¥79%) reduction for cane has similar lifecycle GHG impacts Furthermore, EPA’s analysis of cellulosic ethanol (thermochemical to switchgrass biofuel and meets the switchgrass for the RFS rulemaking process), and a 71% (range of ¥62% to 60% GHG reduction threshold required assumed a 2% annual increase in yield ¥77%) reduction for cellulosic diesel for cellulosic biofuel. that would result in an average national (F–T process) compared to the yield of 6.6 dry tons per acre in 2022. petroleum baseline. In the RFS final 1. Feedstock Production and EPA anticipates a similar yield rule, we indicated that some feedstock Distribution improvement for energy cane due to sources can be determined to be similar For the purposes of this rulemaking, their similarity as perennial grasses and enough to those modeled that the energy cane refers to varieties of their comparable status as energy crops modeled results could reasonably be perennial grasses in the Saccharum in their early stages of development. extended to these similar feedstock genus which are intentionally bred for Given this, our analysis assumes an types. For instance, information on high cellulosic biomass productivity but average energy cane yield of 19 dry tons miscanthus indicated that this perennial have characteristically low sugar per acre in the southern United States grass will yield more feedstock per acre content making them less suitable as a by 2022.48 The ethanol yield for all of than the modeled switchgrass feedstock primary source of sugar as compared to the grasses is approximately the same so without additional inputs with GHG other varieties of grasses commonly the higher crop yields for energy cane implications (such as fertilizer). known as ‘‘sugarcane’’ in the Saccharum result directly in greater ethanol Therefore in the final rule EPA genus. Energy cane varieties developed production compared to switchgrass per concluded that since biofuel made from to date have low tolerance for cold acre of production. the cellulosic biomass in switchgrass temperatures but grow well in warm, Based on these yield assumptions, in was found to satisfy the 60% GHG humid climates. Energy cane originated areas with suitable growing conditions, reduction threshold for cellulosic from efforts to improve disease energy cane would require biofuel, biofuel produced from the resistance and hardiness of commercial approximately 26% to 47% of the land cellulosic biomass in miscanthus would sugarcane by crossbreeding commercial area required by switchgrass to produce also comply. In the final rule we and wild sugarcane strains. Certain the same amount of biomass due to included cellulosic biomass from higher fiber, lower sugar varieties that higher yields. Even without yield switchgrass and miscanthus as eligible resulted were not suitable for growth assumptions, the currently feedstocks for the cellulosic biofuel commercial sugar production, and are higher crop yield rates means the land pathways included in Table 1 to now being developed as a high-biomass use required for energy cane would be § 80.1426. energy crop. There is currently no lower than for switchgrass. Therefore We did not include other perennial commercial production of energy cane. less crop area would be converted and grasses such as energy cane as Current plantings are mainly limited to displaced resulting in smaller land-use feedstocks for the cellulosic biofuel research field trials and small change GHG impacts than that assumed pathways in Table 1 at that time, since demonstrations for bioenergy purposes. for switchgrass to produce the same we did not have sufficient time to However, based in part on discussions amount of fuel. Furthermore, we believe adequately consider them. Based in part with industry, EPA anticipates energy cane will have a similar impact on additional information received continued development of energy cane on international markets as assumed for through the petition process for EPA particularly in the south-central and switchgrass. Like switchgrass, energy approval of the energy cane pathway, southeastern United States due to its cane is not expected to be traded EPA has evaluated energy cane and is high yields in these regions. internationally and its impacts on other now including it as a feedstock in Table crops are expected to be limited. 1 to § 80.1426 as approved pathways for a. Crop Yields cellulosic biofuel pathways. For the purposes of analyzing the b. Land Use As described in detail in the following GHG emissions from energy cane In EPA’s March 2010 RFS analysis, sections of this preamble, because of the production, EPA examined crop yields switchgrass plantings displaced similarity of energy cane to switchgrass and production inputs in relation to primarily soybeans and wheat, and to a and miscanthus, and because crop switchgrass to assess the relative GHG lesser extent hay, rice, sorghum, and production input emissions (e.g., diesel impacts. Current national yields for cotton. Energy cane, with production and pesticide emissions) are generally a switchgrass are approximately 4.5 to 5 focused in the southern United States, is small fraction of the overall lifecycle dry tons per acre. Average energy cane GHG emissions (representing yields exceed switchgrass yields in both 46 See Bischoff, K.P., Gravois, K.A., Reagan, T.E., approximately 1% of total emissions for unfertilized and fertilized trails Hoy, J.W., Kimbeng, C.A., LaBorde, C.M., Hawkins, switchgrass), EPA believes that new conducted in the southern United G.L. Plant Regis. 2008, 2, 211–217. 47 See Hale, A.L. Sugar Bulletin, 2010, 88, 28–29. agricultural sector modeling is not States. Unfertilized yields are around 48 These yields assume no significant adverse needed to analyze energy cane. We have 7.3 dry tons per acre while fertilized climate impacts on world agricultural yields over instead relied upon the switchgrass trials show energy cane yields range the analytical timeframe.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14203

likely to be grown on land once used for any adverse impacts beyond what was c. Crop Inputs and Feedstock Transport pasture, rice, commercial sod, cotton or considered for switchgrass production. alfalfa, which would likely have less of This analysis took into account the EPA also assessed the GHG impacts an international indirect impact than economic conditions such as input costs associated with planting, harvesting, switchgrass because some of those and commodity prices when evaluating and transporting energy cane in commodities are not as widely traded as the GHG and land use change impacts comparison to switchgrass. Table 6 soybeans or wheat. Given that energy of switchgrass. shows the assumed 2022 commercial- cane will likely displace the least One commenter stated that by scale production inputs for switchgrass productive land first, EPA concludes assuming no land use change for energy (used in the RFS rulemaking analysis), that the land use GHG impact for energy cane and other feedstocks, the Agency average energy cane production inputs cane per gallon should be no greater and may have underestimated the increase (USDA projections and industry data) likely less than estimated for in GHG emissions that could result from and the associated GHG emissions. switchgrass. breaking new land. According to the Available data gathered by EPA Considering the total land potentially commenter, EPA assumed that these suggest that energy cane requires on impacted by all the new feedstocks feedstocks will be grown on the least average less nitrogen, phosphorous, included in this rulemaking would not productive land without citing any potassium, and pesticide than impact these conclusions (including the specific models or studies. switchgrass per dry ton of biomass, but camelina discussed in the previous The commenter appears to have more herbicide, lime, diesel, and section and energy cane considered misinterpreted EPA’s analysis. EPA did electricity per unit of biomass. here). As discussed previously, the not assume these crops would be grown This assessment assumes production camelina is expected to be grown on on fallow acres, nor did EPA assume of energy cane uses electricity for fallow land in the Northwest, while that switchgrass would only be irrigation given that growers will likely energy cane is expected to be grown produced on the least productive lands. irrigate when possible to improve mainly in the south on existing EPA assumed these crops would be yields. Irrigation rates will vary cropland or pastureland. In the grown on acres similar to switchgrass, depending on the timing and amount of switchgrass ethanol scenario done for and therefore applied the land use rainfall, but for the purpose of the Renewable Fuel Standard final change impacts of switchgrass analyzed estimating GHG impacts of electricity rulemaking, total cropland acres in the final RFS rule. In the final RFS, use for irrigation, we assumed a rate increases by 4.2 million acres, including EPA provided detailed information on similar to what we assumed for other an increase of 12.5 million acres of the types of crops (e.g., wheat) that irrigated crops in the Southwest, South switchgrass, a decrease of 4.3 million would be displaced by dedicated Central, and Southeast as shown in acres of soybeans, a 1.4 million acre switchgrass. This analysis took into Table 6. decrease of wheat acres, a decrease of 1 account the economic conditions such million acres of hay, as well as as input costs and commodity prices Applying the GHG emission factors decreases in a variety of other crops. when evaluating the GHG and land use used in the March 2010 RFS final rule, energy cane production results in Given the higher yields of the energy change impacts of switchgrass.49 cane considered here compared to slightly higher GHG emissions relative switchgrass, there would be ample land 49 See Final Regulatory Impact Analysis Chapter to switchgrass production (an increase available for production without having 2, February 2010. of approximately 4 kg CO2eq/mmbtu).

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14204 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

GHG emissions associated with be similar to EPA’s estimates for all herbaceous agricultural crops distributing energy cane are expected to switchgrass feedstock because they are requiring similar transport, loading,

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES ER05MR13.015 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14205

unloading, and storage regimes. Our the feedstock that are similar to production. Furthermore, any energy analysis therefore assumes the same switchgrass. Emissions from growing grass production on existing cropland GHG impact for feedstock distribution and harvesting energy cane are internationally would not be expected as we assumed for switchgrass, although approximately 4 kg CO2eq/mmBtu to have land use impacts beyond what distributing energy cane could be less higher than switchgrass. These are small was considered for switchgrass GHG intensive because higher yields changes in the overall lifecycle, production. Even if there were could translate to shorter overall representing at most a 6% change in the unexpected larger differences, EPA hauling distances to storage or biofuel energy grass lifecycle impacts in believes the small amounts of feedstock production facilities per gallon or Btu of comparison to the petroleum fuel or fuel potentially coming from other final fuel produced. baseline. Furthermore, energy cane is countries will not impact our threshold expected to have similar or lower GHG 2. Fuel Production, Distribution, and analysis. emissions than switchgrass associated Use Based on our assessment of with other components of the biofuel Energy cane is suitable for the same lifecycle. switchgrass in the March 2010 RFS final conversion processes as other cellulosic Under a hypothetical worst case, if rule and this comparison of GHG feedstocks, such as switchgrass and corn the calculated increases in growing and emissions from switchgrass and energy stover. Currently available information harvesting the new feedstocks are cane, we do not expect variations to be on energy cane composition shows that incorporated into the lifecycle GHG large enough to bring the overall GHG hemicellulose, cellulose, and lignin emissions calculated for switchgrass, impact of fuel made from energy cane to content are comparable to other crops and other lifecycle components are come close to the 60% threshold for that qualify under the RFS regulations projected as having similar GHG cellulosic biofuel. Therefore, EPA is as feedstocks for the production of impacts to switchgrass (including land including cellulosic biofuel produced cellulosic biofuels. Based on this similar use change associated with switchgrass from the cellulose, hemicelluloses and composition as well as conversion yield production), the overall lifecycle GHG lignin portions of energy cane under the data provided by industry, we applied reductions for biofuel produced from same pathways for which cellulosic the same production processes that were energy cane still meet the 60% biomass from switchgrass qualifies modeled for switchgrass in the final RFS reduction threshold for cellulosic under the RFS final rule. rule (biochemical ethanol, biofuel. We believe these are C. Lifecycle Greenhouse Gas Emissions thermochemical ethanol, and Fischer- conservative estimates, as use of energy Analysis for Certain Renewable Tropsch (F–T) diesel 50) to energy cane. cane as a feedstock is expected to have Gasoline and Renewable Gasoline We assumed the GHG emissions smaller land-use GHG impacts than Blendstocks Pathways associated with producing biofuels from switchgrass, due to higher yields. The energy cane are similar to what we docket for this rule provides additional In this rule, EPA is also adding estimated for switchgrass and other detail on the analysis of energy cane as pathways to Table 1 to § 80.1426 for the cellulosic feedstocks. EPA also assumes a biofuel feedstock. production of renewable gasoline and that the distribution and use of biofuel Although this analysis assumes renewable gasoline blendstock using made from energy cane will not differ energy cane biofuels produced for sale specified feedstocks, fuel production significantly from similar biofuel and use in the United States will most processes, and process energy sources. likely come from domestically produced produced from other cellulosic sources. The feedstocks we considered are feedstock, we also intend for the As was done for the switchgrass case, generally considered waste feedstocks approved pathways to cover energy cane this analysis assumes energy grasses such as crop residues or cellulosic from other countries. We do not expect grown in the United States for components of separated yard waste. incidental amounts of biofuels from production purposes. If crops were These feedstocks have been identified grown internationally, used for biofuel feedstocks produced in other nations to impact our assessment that the average by the industry as the most likely production, and the fuel was shipped to feedstocks for use in making renewable the U.S., shipping the finished fuel to GHG emissions reductions will meet the threshold for qualifying as a cellulosic gasoline or renewable gasoline the U.S. could increase transport blendstock in the near term due to their emissions. However, based on analysis biofuel pathway. Moreover, those countries most likely to be exporting availability and low cost. Additionally, of the increased transport emissions these feedstocks have already been associated with sugarcane ethanol energy cane or biofuels produced from energy cane are likely to be major analyzed by EPA as part of the RFS distribution to the U.S. considered for rulemaking for the production of other the 2010 final rule, this would at most producers which typically use similar cultivars and farming techniques. fuel types. Consequently, no new add 1–2% to the overall lifecycle GHG modeling is required and we rely on impacts of the energy grasses. Therefore, GHG emissions from producing biofuels with energy cane earlier assessments of feedstock 3. Summary grown in other countries should be production and distribution for Based on our comparison to similar to the GHG emissions we assessing the likely lifecycle impact on switchgrass, EPA believes that cellulosic estimated for U.S. energy cane, though renewable gasoline and renewable biofuel produced from the cellulose, they could be slightly higher or lower. gasoline blendstock. We have also relied hemicellulose and lignin portions of For example, the renewable biomass on the petroleum gasoline baseline energy cane has similar or better provisions under the Energy assessment from the March 2010 RFS lifecycle GHG impacts than biofuel Independence and Security Act as rule for estimating the fuel distribution produced from the cellulosic biomass outlined in the March 2010 RFS final and use GHG emissions impacts for from switchgrass. Our analysis suggests rule regulations, would preclude use of renewable gasoline and renewable that energy cane has GHG impacts a crop as a feedstock for renewable fuel gasoline blendstock. Consequently, the associated with growing and harvesting if it was gown on land that was a direct only new analysis required is of the conversion of previously unfarmed land technologies for turning the feedstock 50 The F–T diesel process modeled applies to in other countries into cropland for into renewable gasoline and renewable cellulosic diesel, jet fuel, heating oil, and naphtha. energy grass-based renewable fuel gasoline blendstock.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14206 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

1. Feedstock Production and In this rulemaking we are analyzing process to a biochemical renewable Distribution renewable gasoline and renewable gasoline or renewable gasoline EPA has evaluated renewable gasoline gasoline blendstock produced from corn blendstock fermentation process. In and renewable gasoline blendstock stover (and, by extension, other waste some cases, the available data sources pathways that utilize cellulosic feedstocks). The number of gallons of included process yields for renewable feedstocks currently included in Table 1 fuel produced from a ton of corn stover gasoline or renewable gasoline to § 80.1426 of the regulations. The (modeled process yields) is specific to blendstock produced from wood chips following feedstocks were evaluated: the process used to produce renewable rather than corn stover which was • Cellulosic biomass from crop fuel. EPA has adjusted the results of the specifically modeled as a feedstock in residue, slash, pre-commercial earlier corn stover modeling to reflect the RFS final rule. We believe that the thinnings and tree residue, annual cover the different process yields and heating process yields are not significantly impacted by the source of cellulosic crops; value of renewable gasoline or • Cellulosic components of separated renewable gasoline blendstock product. material whether the cellulosic material yard waste; The results of this calculation are shown comes from residue such as corn stover • Cellulosic components of separated below in Table 7. or wood material such as from tree food waste; and We based our process yields and residues. We made the simplifying • Cellulosic components of separated heating values for renewable gasoline assumption that one dry ton of wood MSW and renewable gasoline blendstock on feedstock produces the same volume of The FASOM and FAPRI models were several process technologies renewable gasoline or renewable used to analyze the GHG impacts of the representative of technologies gasoline blendstock as one dry ton of feedstock production portion of a fuel’s anticipated to be used in producing corn stover. We believe this is lifecycle. In the March 2010 RFS these fuels. As discussed later in this reasonable considering that the RFS rulemaking, FASOM and FAPRI section, there are four main types of fuel rulemaking analyses for biochemical ethanol and thermochemical F–T diesel modeling was performed to analyze the production technologies available for processes showed limited variation in emissions impact of using corn stover as producing renewable gasoline. These process yields between different a biofuel feedstock and this modeling four processes can be characterized as feedstocks for a given process was extended to some additional (1) thermochemical gasification, (2) technology.52 In addition, since the feedstock sources considered similar to catalytic pyrolysis and upgrading to renewable gasoline and renewable corn stover. This approach was used for renewable gasoline or renewable gasoline blendstock pathways include crop residues, slash, pre-commercial gasoline blendstock (‘‘catalytic pyrolysis feedstocks that were already considered thinnings, tree residue and cellulosic and upgrading’’), (3) biochemical as part of the RFS2 final rule, the components of separated yard, food, and fermentation with upgrading to existing feedstock lifecycle GHG MSW. These feedstocks are all excess renewable gasoline or renewable gasoline blendstock via carboxylic acid impacts for distribution of corn stover materials and thus, like corn stover, were also applied to this analysis.53 were determined to have little or no (‘‘fermentation and upgrading’’), and (4) direct biochemical fermentation to Feedstock production emissions are land use change GHG impacts. Their shown in Table 7 below for corn stover. GHG emission impacts are mainly renewable gasoline and renewable gasoline blendstock (‘‘direct Corn stover feedstock production associated with collection, transport, emissions are mainly a result of corn and processing into biofuel. See the RFS fermentation’’). The thermochemical gasification process was modeled as part stover removal increasing the rulemaking preamble for further profitability of corn production discussion. We used the results of the of the March 2010 RFS final rule, included as producing naptha via the F– (resulting in shifts in cropland and thus corn stover modeling in this analysis to slight emission impacts) and also the estimate the upper bound of agricultural T process. Our analysis of the catalytic pyrolysis process was based on the need for additional fertilizer inputs to sector impacts from the production of replace the nutrients lost when corn the various cellulosic feedstocks noted modeling work completed by the National Renewable Energy Laboratory stover is removed. However, corn stover above. removal also has an emissions benefit as The agriculture sector modeling (NREL) for this rule for a process to make renewable gasoline blendstock.51 it encourages the use of no-till farming results for corn stover represents all of which results in the lowering of the direct and significant indirect The fermentation and upgrading process was modeled based on confidential domestic land use change emissions. emissions in the agriculture sector This change to no-till farming results in (feedstock production emissions) for a business information (CBI) from industry for a unique process which a negative value for domestic land use certain quantity of corn stover change emission impacts (see also Table produced. For the March 2010 RFS uses biochemical conversion of cellulose to renewable gasoline via a 13 below). For other waste feedstocks rulemaking, this was roughly 62 million (e.g., tree residues and cellulosic carboxylic acid route. In addition, we dry tons of corn stover to produce 5.7 components of separate yard, food, and have qualitatively assessed the direct billion gallons of ethanol assuming MSW), the feedstock production fermentation to renewable gasoline biochemical fermentation to ethanol emissions are even lower than the process based on similarities to the processing. We have calculated GHG values shown for corn stover since the emissions from feedstock production for biochemical ethanol process already analyzed as part of the March 2010 RFS that amount of corn stover. The GHG 52 Aden, Andy. Feedstock Considerations and emissions were then divided by the total rulemaking. The fuel production section Impacts on Biorefining. National Renewable Energy heating value of the fuel to get feedstock below provides further discussion on Laboratory (NREL). December 2009. The report extending the GHG emissions results of indicates that woody biomass feedstocks generally production emissions per mmBtu of have higher yields than crop residues or herbaceous fuel. In addition to the biochemical the biochemical ethanol fermentation grasses (∼6% higher yields). However the same ethanol process, a similar analysis was lower yield was assumed for all as a conservatively 51 completed for thermochemical ethanol Kinchin, Christopher. Catalytic Fast Pyrolysis low estimate. with Upgrading to Gasoline and Diesel Blendstocks. 53 Results for feedstock distribution are and F–T diesel pathways as part of the National Renewable Energy Laboratory (NREL). aggregated along with fuel distribution and are RFS rulemaking. 2011. reported in a later section, see conclusion section.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14207

use of such feedstocks does not require assume that additional no-till practices penalty factor is applied. If residue land use changes or additional will be adopted with residue extraction. removal is combined with switching to agricultural inputs. Therefore, we The analysis the EPA conducted to conservation tillage or no-till, then the conclude that if the use of corn stover evaluate the GHG impacts associated net soil C effect would be the sum of the as a feedstock in the production of with corn stover removal as part of the till change effect and the ‘‘crop change’’ renewable gasoline and renewable March 2010 RFS final rule did not effect. assume that the corn stover had to be gasoline blendstock yields lifecycle For the March 2010 RFS rulemaking, removed from no-till corn production. GHG emissions results for the resulting EPA conducted an in-depth literature The models used to evaluate the fuel that qualify it as cellulosic biofuel review of corn stover removal practices impacts of stover removal included the (i.e., it has at least a 60% lifecycle GHG option for farmers to switch to no-till and consulted with numerous experts in reduction as compared to conventional practices and therefore have the option the field. In the FRM, EPA recognized fuel), then the use of other waste for more stover removal. As the demand that sustainable stover removal practices feedstocks with little or no land use for stover increased in the case where vary significantly based on local change emissions will also result in stover is used for biofuel production, differences in soil and erosion renewable gasoline or renewable the relative costs associated with no-till conditions, soil type, landscape (slope), gasoline blendstock that qualifies as factored in the impact of lost corn yield tillage practices, crop rotation cellulosic biofuel. as well as higher yield for corn stover. managements, and the use of cover crops. EPA, in consultation with USDA, One commenter stated that the The model optimized the rate of returns based its impacts on corn stover from Agency assumed that using the corn for the farmers such that no-till reduced till and no till acres based on stover for biofuels production would practices were applied until the increased returns for greater stover agronomical practices, nutrient result in additional no-till farming requirements, and erosion without any evidence that the stover removal on no-till acres were balanced by lost profits from lower corn yields. considerations. EPA does not believe would actually be removed from no- Therefore, the comment that we that the commentor has provided new tilled acres. This commenter feels that assumed stover had to come from no-till information that would substantially with recent increased profitability from acres or that the economics would drive change our analysis of the GHG corn production, farmers may actually more intensive tillage practices is not emissions associated with corn stover. increase tillage to reap high corn prices. accurate, as described in more detail in However, EPA will continue to monitor This commenter urged the EPA to the March 2010 RFS final rule. actual practices and based on new data consider changes to soil carbon from the Furthermore, there is an annual soil will consider reviewing and revising the removal of corn stover as they may have carbon penalty applied to crops with methodology and assumptions an impact on the GHG score of this new residue removal in our models. Thus, as associated with calculating the GHG biofuel pathway. This commenter one shifts from conventional corn to emissions from all renewable fuel further urged the Agency to not simply residue corn, an annual soil carbon feedstocks.

TABLE 7—FEEDSTOCK PRODUCTION EMISSIONS FOR RENEWABLE GASOLINE AND RENEWABLE GASOLINE BLENDSTOCK PATHWAYS USING CORN STOVER

Catalytic pyrolysis and Biochemical fermenta- Direct biochemical fer- upgrading to renewable tion and upgrading to re- mentation process to re- Feedstock production gasoline and renewable newable gasoline and newable gasoline and emission sources gasoline blendstock (g renewable gasoline renewable gasoline blendstock via carboxylic blendstock (g CO2-eq./ CO2-eq./mmBtu) acid (g CO2-eq./mmBtu) mmBtu)

Domestic Livestock ...... 7,648 6,770 ∼ 9,086 Domestic Farm Inputs and Fertilizer N2O ...... 1,397 1,237 ∼ 1,660 Domestic Rice Methane ...... 366 324 ∼ 434 Domestic Land Use Change ...... ¥9,124 ¥8,076 ∼¥10,820 International Livestock ...... 0 0 0 International Farm Inputs and Fertilizer N2O ...... 0 0 0 International Rice Methane ...... 0 0 0 International Land Use Change ...... 0 0 0

Total Feedstock Production Emissions: ...... 287 254 ∼ 361 Assumed yield (gal/ton of biomass) ...... 64.5 75 92.3

The results in Table 7 differ for the 2. Fuel Distribution impacts of the petroleum gasoline different pathways considered because baseline from the RFS final rule were of the different amounts of corn stover A petroleum gasoline baseline was applied to this analysis. developed as part of the RFS final rule used to produce the same amount of 3. Use of the Fuel fuel in each case. Table 7 only considers which included estimates for fuel the feedstock production impacts distribution emissions. Since renewable A petroleum gasoline baseline was associated with the renewable gasoline gasoline and renewable gasoline developed as part of the RFS final rule blendstocks when blended into gasoline or renewable gasoline blendstocks which estimated the tailpipe emissions are similar to petroleum gasoline, it is pathways, other aspects of the lifecycle from fuel combustion. Since renewable reasonable to assume similar fuel gasoline and renewable gasoline are discussed in the following sections. distribution emissions. Therefore, the blendstock are similar to petroleum existing fuel distribution lifecycle GHG gasoline in energy and hydrocarbon

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14208 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

content, the non-CO2 combustion processes other than the F–T process the National Renewable Energy emissions calculated as part of the RFS could also qualify for a similar D–Code Laboratory (NREL). Information final rule for petroleum gasoline were of 3.54 For the reasons described below, provided by industry and claimed as applied to our analysis of the renewable we have decided to authorize the CBI are based on similar processing gasoline and renewable gasoline generation of RINs with a D code of 3 methods and suggest similar results blendstock pathways. Only non-CO2 for renewable gasoline and renewable than those reported by NREL. Details on emissions were included since carbon gasoline blendstock produced using the NREL modeling are described fluxes from land use change are specified cellulosic feedstocks for the further in a technical report available accounted for as part of the biomass processes considered here. through the docket.57 Catalytic pyrolysis feedstock production. Several routes have been identified as involves the rapid heating of biomass to available for the production of about 500°C at slightly above 4. Fuel Production renewable gasoline and renewable atmospheric pressure. The rapid heating In the March 2010 RFS rulemaking, gasoline blendstock from renewable EPA analyzed several of the main biomass. These include catalytic thermally decomposes biomass, cellulosic biofuel pathways: a pyrolysis and upgrading to renewable converting it into pyrolysis vapor, biochemical fermentation process to gasoline or renewable gasoline which is condensed into a liquid bio-oil. ethanol and two thermochemical blendstock (‘‘catalytic pyrolysis and The liquid bio-oil can then be upgraded gasification processes, one producing upgrading’’), biochemical fermentation using conventional hydroprocessing mixed alcohols (primarily ethanol) and with upgrading to renewable gasoline or technology and further separated into the other one producing mixed renewable gasoline blendstock via renewable gasoline, renewable gasoline hydrocarbons (primarily diesel fuel). carboxylic acid (‘‘fermentation and blendstock and renewable diesel These pathways all exceeded the 60% upgrading’’), and direct biochemical streams (cellulosic diesel from catalytic lifecycle GHG threshold requirements fermentation to renewable gasoline and pyrolysis is already included as an for cellulosic biofuel using the specified renewable gasoline blendstock (‘‘direct acceptable pathway in the RFS feedstocks. Refer to the preamble and fermentation’’) and other thermo- program). Some industry sources also regulatory impact analysis (RIA) from catalytic hydrodeoxygenation routes expect to produce smaller fractions of the final rule for more details. From with upgrading such as aqueous phase heating oil in addition to gasoline and these analyses, it was determined that processing.55 56 diesel blendstocks. Excess electricity ethanol and diesel fuel produced from Similar to how we analyzed several of from the process is also accounted for in the specified cellulosic feedstocks and the main routes for cellulosic ethanol our modeling as a co-product credit in processes would be eligible for and cellulosic diesel for the final March which any excess displaces U.S. average cellulosic and advanced biofuel RINs. 2010 RFS rule, we have chosen to grid electricity. Excess electricity is The thermochemical gasification analyze the main renewable gasoline generated from the use of co-product process to diesel fuel (via F–T synthesis) and renewable gasoline blendstock coke/char and product gases and is also produces a smaller portion of pathways in order to estimate the available because internal electricity renewable gasoline blendstock. In the potential GHG reduction profile for demands are fully met. The estimated final rule, naphtha produced with renewable gasoline and renewable energy inputs and electricity credits specified cellulosic feedstocks by a F–T gasoline blendstock across a range of shown in Table 8, below, utilize the process was included as exceeding the other production technologies for which data provided by the NREL process 60% lifecycle GHG threshold, with an we are confident will have at least as applicable D–Code of 3, in Table 1 to great of GHG emission reductions as modeling. However, industry sources § 80.1426. In this rule, we are changing those specifically analyzed. also identified potential areas for the reference to F–T as the process improvements in energy use, such as the technology to the more correct reference a. Catalytic Pyrolysis With Upgrading to use of biogas fired dryers instead of as gasification technology since F–T Renewable Gasoline and Renewable natural gas fired dryers for drying reactions are only part of the process Gasoline Blendstock incoming wet feedstocks and increased technology. The first production process we turbine efficiencies for electricity Since the final March 2010 RFS rule investigated for this rule is a catalytic production which may result in lower was released, EPA has received several fast pyrolysis route to bio-oils with energy consumption than estimated by petitions and inquiries that suggest that upgrading to a renewable gasoline or a NREL and thus improve GHG renewable gasoline or renewable renewable gasoline blendstock. We performance compared to our estimates gasoline blendstock produced using utilized process modeling results from here.

TABLE 8—2022 ENERGY USE AT CELLULOSIC BIOFUEL FACILITIES [Btu/gal]

Natural gas Purchased Technology Biomass use use electricity Sold electricity

Catalytic Pyrolysis to Renewable Gasoline or Renewable Gasoline Blendstock ...... 136,000 51,000 0 ¥2,000

54 See http://www.epa.gov/otaq/fuels/ and Chemical Engineering 34 (2010) 1393–1396. 57 Kinchin, Christopher. Catalytic Fast Pyrolysis renewablefuels/compliancehelp/rfs2-lca- February 2010. with Upgrading to Gasoline and Diesel Blendstocks. pathways.htm for list of petitions received by EPA. 56 Serrano-Ruiz, J., Dumesic, James. ‘‘Catalytic National Renewable Energy Laboratory (NREL). 55 Regalbuto, John. ‘‘An NSF perspective on next routes for the conversion of biomass into liquid 2011. hydrocarbon transportation fuels,’’ Energy generation hydrocarbon biorefineries,’’ Computers Environmental Science (2011) 4, 83–99.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14209

The emissions from energy inputs based on assumed carbon contents of stage of the catalytic pyrolysis pathway were calculated by multiplying the the different process fuels. The are the use of natural gas (mainly due amount of energy by emission factors for emissions from producing electricity in to hydrogen production for fuel production and combustion, based the U.S. were also taken from GREET hydroprocessing) and the co-products on the same method and factors used in and represent average U.S. grid available for additional heat and power the March 2010 RFS final rulemaking. electricity production emissions. generation.58 See Table 9 for a summary The emission factors for the different The major factors influencing the of emissions from fuel production. fuel types are from GREET and were emissions from the fuel production

TABLE 9—FUEL PRODUCTION EMISSIONS FOR CATALYTIC PYROLYSIS AND UPGRADING TO RENEWABLE GASOLINE OR RENEWABLE GASOLINE BLENDSTOCK USING CORN STOVER

Catalytic pyrolysis to renewable gasoline or Lifecycle stage renewable gasoline blendstock (g CO2-eq./mmBtu)

On-Site & Upstream Emissions (Natural Gas & Biomass*) ...... 31,000 Electricity Co-Product Credit ...... ¥3,000

Total Fuel Production Emissions: ...... 28,000

* Only non-CO2 combustion emissions from biomass

b. Catalytic Upgrading of produce a variety of carboxylic acids. If facility demands as well as provide Biochemically Derived Intermediates to the feedstock has high lignin content, excess electricity to the grid. EPA used Renewable Gasoline and Renewable then the biomass is pretreated to the estimated energy and material Gasoline Blendstock enhance digestibility. The acids are then inputs along with emission factors to The second production process we neutralized to carboxylate salts and estimate the GHG emissions from this investigated is a biochemical further converted to ketones and process. The energy inputs and fermentation process to intermediate, alcohols for refining into gasoline, electricity credits are shown in Table such as carboxylic acids with catalytic diesel, and jet fuel. 10, below. These inputs are based on upgrading to renewable gasoline or The process requires the use of Confidential Business Information (CBI), renewable gasoline blendstock. This natural gas and hydrogen inputs.59 No rounded to the nearest 1000 units, process involves the fermentation of purchased electricity is required as provided by industry as part of the biomass using microorganisms that lignin is projected to be used to meet all petition process for new fuel pathways.

TABLE 10—2022 ENERGY USE AT CELLULOSIC FACILITY [Btu/gal]

Natural gas Purchased Technology Biomass use use electricity Sold electricity

Biochemical Fermentation to Renewable Gasoline or Renewable Gasoline Blendstock via Carboxylic Acid ...... 49,000 59,000 0 ¥2,000

The process also uses a small amount results due to its likely negligible estimates from the fuel production stage of buffer material as neutralizer which emissions impact. The GHG emissions are seen in Table 11. was not included in the GHG lifecycle

TABLE 11—FUEL PRODUCTION EMISSIONS FOR BIOCHEMICAL FERMENTATION TO RENEWABLE GASOLINE OR RENEWABLE GASOLINE BLENDSTOCK VIA CARBOXYLIC ACID USING CORN STOVER

Lifecycle stage GHG Emissions (g CO2-eq./mmBtu)

On-Site & Upstream Emissions (Natural Gas & Biomass*) ...... 33,000 Electricity Co-Product Credit ...... ¥3,000 Total Fuel Production Emissions: ...... 30,000

* Only non-CO2 combustion emissions from biomass

58 A steam methane reformer (SMR) is used to alternatives are available, such as renewable or emissions from hydrogen production using the produce the hydrogen necessary for nuclear resources used to extract hydrogen from more commonly used SMR technology. hydroprocessing. In the U.S. over 95% of hydrogen water or the use of biomass to produces hydrogen. 59 Hydrogen emissions are modeled as natural gas is currently produced via steam reforming (DOE, These alternative methods, however, are currently and electricity demands. 2002 ‘‘A National Vision of America’s Transition to not as efficient or cost effective as the use of fossil a Hydrogen Economy to 2030 and Beyond’’). Other fuels and therefore we conservatively estimate

VerDate Mar<15>2010 18:47 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14210 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

c. Biological Conversion to Renewable thereby avoiding poisoning of microbes biochemical fermentation to ethanol Gasoline and Renewable Gasoline by the accumulated products and process results to a similar (but likely Blendstock facilitating separation/collection of slightly improved) process that instead hydrocarbons from the reaction produces hydrocarbons. Since the final The third production process we medium. In other words, some energy rule cellulosic ethanol GHG results were investigated involves the use of savings may result because fewer well above the 60% GHG reduction microorganisms to biologically convert separation unit operations could be threshold for cellulosic biofuels, if sugars hydrolyzed from cellulose required for separating the final product actual emissions from other necessary directly into hydrocarbons which could from other reactants and there may be changes to the direct biochemical be either a complete fuel as renewable better conversion yields as the fermentation to hydrocarbons process gasoline or a renewable gasoline fermentation microorganisms are not represent some small increment in GHG blendstock. The process is similar to the poisoned when interacting with biochemical fermentation to ethanol accumulated products. We also expect emissions, the pathway would still pathway modeled for the final rule with that the lignin/byproduct portions of the likely meet the threshold. Table 12 is the major difference being the end fuel biomass from the fermentation to our qualitative assessment of the product, hydrocarbons instead of hydrocarbon process could be converted potential emissions reductions from a ethanol. Researchers believe that this into heat and electricity for internal process using biochemical fermentation new technology could achieve demands or for export, similar to the to cellulosic hydrocarbons assuming improvements over classical biochemical fermentation to ethanol similarities to the biochemical fermentation approaches because pathway. fermentation to cellulosic ethanol route hydrocarbons generally separate Therefore, we can conservatively from the final rule. spontaneously from the aqueous phase, extend our final March 2010 RFS rule

TABLE 12—FUEL PRODUCTION EMISSIONS FOR MARCH 2010 RFS CELLULOSIC BIOCHEMICAL ETHANOL COMPARED TO DI- RECT BIOCHEMICAL FERMENTATION TO RENEWABLE GASOLINE OR RENEWABLE GASOLINE BLENDSTOCK USING CORN STOVER

Direct biochemical fermentation to Cellulosic biochemical renewable gasoline Lifecycle stage ethanol emissions and renewable (g CO2-eq./mmBtu) gasoline blendstock emissions (g CO2-eq./mmBtu)

On-Site Emissions & Upstream (biomass) ...... 3,000 < or = 3,000 Electricity Co-Product Credit ...... ¥35,000 = ¥35,000 Total Fuel Production Emissions 60: ...... ¥33,000 < or = ¥33,000

Table 13 below breaks down by stage contribution of each stage in the fuel assume natural gas as the process energy the lifecycle GHG emissionsfor the pathway and its relative significance in when needed; using biogas as process renewable gasoline and renewable terms of GHG emissions. These results energy would result in an even better gasoline blendstock pathways using are also presented in graphical form in lifecycle GHG impact. corn stover and the 2005 petroleum a supplemental memorandum to the baseline. The table demonstrates the docket.61 As noted above, these analyses

TABLE 13—LIFECYCLE GHG EMISSIONS FOR RENEWABLE GASOLINE AND RENEWABLE GASOLINE BLENDSTOCK PATHWAYS USING CORN STOVER, 2022

[kg CO2-eq./mmBtu]

Catalytic Biochemical Direct pyrolysis and fermentation to biochemical upgrade to renewable fermentation renewable gasoline and to renewable 2005 gasoline Fuel type gasoline and renewable gasoline and baseline renewable gasoline renewable gasoline blendstock via gasoline blendstock carboxylic acid blendstock

Net Domestic Agriculture (w/o land use change) ...... 9 8 ∼ 11 ...... Net International Agriculture (w/o land use change) ...... Domestic Land Use Change ...... ¥9 ¥8 ∼ ¥11 ...... International Land Use Change ...... Fuel Production ...... 28 30 < or = ¥33 19 Fuel and Feedstock Transport ...... 2 2 ∼ 2 * Tailpipe Emissions ...... 2 2 ∼ 1 79

Total Emissions ...... 32 34 < or = ¥29 98

60 Numbers do not add up due to rounding. 61 Memorandum to the Air and Radiation Docket Gasoline Blendstock Pathways Under the EPA–HQ–OAR–2011–0542 ‘‘Supplemental Renewable Fuel Standard (RFS2) Program’’. Information for Renewable Gasoline and Renewable

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14211

TABLE 13—LIFECYCLE GHG EMISSIONS FOR RENEWABLE GASOLINE AND RENEWABLE GASOLINE BLENDSTOCK PATHWAYS USING CORN STOVER, 2022—Continued

[kg CO2-eq./mmBtu]

Catalytic Biochemical Direct pyrolysis and fermentation to biochemical upgrade to renewable fermentation renewable gasoline and to renewable 2005 gasoline Fuel type gasoline and renewable gasoline and baseline renewable gasoline renewable gasoline blendstock via gasoline blendstock carboxylic acid blendstock

% Change from Baseline ...... ¥67% ¥65% ¥129% ...... * Emissions included in fuel production stage.

d. Extension of Modeling Results to literature. 62 63 The two primary routes final rule. In all cases, the processes that Other Production Processes Producing for renewable gasoline and renewable we have considered meet the 60% Renewable Gasoline or Renewable gasoline blendstock production from lifecycle GHG reduction required for Gasoline Blendstock cellulosic feedstock can be classified as cellulosic biofuels. Furthermore, we either thermochemical or biological. believe that the results from our In the March 2010 RFS rulemaking, Each of these two major categories has modeling would cover all the likely we modeled the GHG emissions results two subcategories. The processes under variations within these potential routes from the biochemical fermentation the thermochemical category include: for producing renewable gasoline and process to ethanol, thermochemical • Pyrolysis and Upgrading—in which renewable gasoline blendstock which gasification processes to mixed alcohols cellulosic biomass is decomposed with also use natural gas, biogas or biomass 64 (primarily ethanol) and mixed temperature to bio-oils and requires for process energy and that all such hydrocarbons (primarily diesel fuel). We further catalytic processing to produce a production variations would also meet extended these modeled process results finished fuel the 60% lifecycle threshold.65 to apply when the biofuel was produced • Gasification—in which cellulosic The main reason for this is that we from ‘‘any’’ process. We determined that biomass is decomposed to syngas with believe that our energy input since we modeled multiple cellulosic further catalytic processing of methanol assumptions are reasonable at this time biofuel processes and all were shown to to gasoline or through Fischer-Tropsch but probably in some cases are exceed the 60% lifecycle GHG threshold (F–T) synthesis to gasoline conservatively high for commercial requirements for cellulosic biofuel using The processes under the biochemical scale cellulosic facilities. The cellulosic industry is in its early stages of the specified feedstocks its was category include: • development and many of the estimates reasonable to extend to other processes Biological conversion to of process technology GHG impacts is (e.g. additional thermo-catalytic hydrocarbons—requires the release of sugars from biomass and based on pre-commercial scale hydrodeoxygenation routes with assessments and demonstration upgrading similar to pyrolysis and microorganisms to biologically convert sugars straight into hydrocarbons programs. Commercial scale cellulosic aqueous phase processing) that might instead of alcohols facilities will continue to make develop as these would likely represent • Catalytic upgrading of efficiency improvements over time to improvements over existing processes as biochemically produced maximize their fuel products/co- the industry works to improve the intermediates—requires the release of products and minimize wastes. For economics of cellulosic biofuel sugars from biomass and aqueous- or cellulosic facilities, such improvements production by, for example, reducing liquid-phase processing of sugars or include increasing conversion yields energy consumption and improving biochemically produced intermediate and fully utilizing the biomass input for process yields. Similarly, this rule products into hydrocarbons using solid valuable products. assesses multiple processes for the catalysts, An example of increasing the amount production of renewable gasoline and As part of the modeling effort here, as of biomass utilized is the combustion of renewable gasoline blendstocks and all well as for the March 2010 RFS final undigested or unconverted biomass for were shown to exceed the 60% lifecycle rule, we have considered the lifecycle heat and power. The three routes that GHG threshold requirements for GHG impacts of the four possible we analyzed for the production of cellulosic biofuel using specified production technologies mentioned renewable gasoline and renewable feedstocks. above. The pyrolysis and upgrading, gasoline blendstock in today’s rule assume an electricity production credit As was the case in our earlier direct biological conversion, and from the economically-driven use of rulemaking, a couple reasons in catalytic upgrading of biochemically lignin or waste byproducts; we also ran particular support extending our produced intermediates are considered modeling results to other production in this rule and the gasification route was already included in the March 2010 64 Our lifecycle analysis assumes that producers process producing renewable gasoline would use the same type of biomass as both the or renewable gasoline blendstock from feedstock and the process energy. 62 cellulosic feedstock. Under this rule we Regalbuto, John. ‘‘An NSF perspective on next 65 One commenter wanted clarification of the generation hydrocarbon biorefineries,’’ Computers term ‘‘process energy’’ as it applies to the analyzed the core technologies most and Chemical Engineering 34 (2010) 1393–1396. production of renewable gasoline. The EPA did not likely available through 2022 for February 2010. intend for the term, ‘‘process energy’’, to include production of renewable gasoline and 63 Serrano-Ruiz, J., Dumesic, James. ‘‘Catalytic other energy sources, such as electricity to provide renewable gasoline blendstock routes routes for the conversion of biomass into liquid power for ancillary processes, such as lights, small hydrocarbon transportation fuels,’’ Energy pumps, computers, and other small support from cellulosic feedstock as shown in Environmental Science (2011) 4, 83–99. equipment.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14212 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

a sensitivity case where no electricity scenarios. We believe that as allowing the pathway to meet the GHG credit was given. We found that all of commercial scale cellulosic facilities performance threshold. the routes analyzed would still pass the develop, more of these improvements There is an even wider gap between GHG threshold without an electricity will be made to maximize the use of all the results modeled for the direct credit, providing confidence that over the biomass and waste byproducts fermentation route and the cellulosic the range of technology options, these available to bring the facility closer to lifecycle GHG threshold. The variation process technologies will surely allow energy self-sufficiency. These we considered for the direct the cellulosic biofuel produced to improvements could help to increase fermentation process resulted in an exceed the threshold for cellulosic the economic profitability for cellulosic approximately 129% reduction in biofuel GHG performance. Without facilities where fossil energy inputs lifecycle GHG emissions compared to excess electricity production the become costly to purchase. Therefore the petroleum baseline. This process did catalytic pyrolysis pathway results in a we can extend the modeling results for consider production of electricity as 65% lifecycle GHG reduction, the our pyrolysis route to all variations of part of the process but as mentioned biochemical fermentation via carboxylic this production technology which use even if this was not the case the acid pathway results in a 62% lifecycle natural gas, biogas or biomass for pathway would still easily fall below GHG reduction, and the direct production energy for producing the 60% lifecycle threshold for biochemical fermentation pathway renewable gasoline or renewable cellulosic biofuels. If actual emissions results in a 93% reduction in lifecycle gasoline blendstock. from other necessary changes to the direct biochemical fermentation to GHG emissions compared to the The F–T gasification technology route hydrocarbons process represent some petroleum fuel baseline. considered as part of the March 2010 small increment in GHG emissions, the Additionally, while the final results RFS final rule resulted in an pathway would still likely meet the reported in this rule include an approximately 91% reduction in threshold. Therefore, we can extend the electricity credit, this electricity credit lifecycle GHG emissions compared to results to all variations of the direct is based on current technology for the petroleum baseline. This could be biochemical route for renewable generating electricity; it is possible that considered a conservatively high gasoline or renewable gasoline over the next decade as cellulosic estimate as the process did not assume blendstock production which use biofuel production matures, the any excess electricity production, which natural gas, biogas or biomass for efficiency with which electricity is as mentioned above could lead to generated at these facilities will also production energy. additional GHG reductions. The F–T The biochemical with catalytic improve. Such efficiency improvements process involves gasifying biomass into will tend to improve the GHG upgrading route that we evaluated syngas (mix of H2 and CO) and then resulted in a 65% reduction in GHG performance for cellulosic biofuel converting the syngas through a technologies in general including those emissions compared to the petroleum catalytic process into a hydrocarbon mix baseline. However, this can be used to produce renewable gasoline. that is further refined into finished Furthermore, industry has identified considered a conservatively high product. The F–T process considered estimate. For instance, the biochemical other areas for energy improvements was based on producing both gasoline which our current pathway analyses do fermentation to gasoline via carboxylic and diesel fuel so that it was not acid route considered did not include not include. Therefore, the results we optimized for renewable gasoline have come up with for the individual the potential for generating steam from production. A process for producing the combustion of undigested biomass pathway types represent conservative primarily renewable gasoline rather estimates and any variations in the and then using this steam for process than diesel from a gasification route energy. If this had been included, pathways considered are likely to result should not result in a significantly in greater GHG reductions than what is natural gas consumption could worse GHG impacts compared to the potentially be decreased which would considered here. For example, the mixed fuel process analyzed. variation of the catalytic pyrolysis route lower the potential GHG emissions Furthermore, as the lifecycle GHG estimated from the process. Therefore, considered here resulted in a 67% reduction from the F–T process reduction in lifecycle GHG emissions the scenario analyzed could be considered was around 91%, there is considered conservative in estimating compared to the petroleum baseline. considerable room for variations in this actual natural gas usage. As was the case However, as was mentioned this was route to still meet the 60% lifecycle with the pyrolysis route considered, we based on data from our NREL modeling GHG reduction threshold for cellulosic believe that as commercial scale and industry CBI data indicated more fuels. Therefore, in addition to the F–T cellulosic facilities develop, efficient energy performance which, if process originally analyzed for improvements will be made to realized, would improve GHG producing naphtha, we can extend the maximize the use of all the biomass and performance. Another area for results based on the above analyses to waste byproducts available to bring the improvement in this pathway could be include all variations of the gasification facility closer to energy self-sufficiency. the use of anaerobic digestion to treat route which use natural gas, biogas or These improvements help to increase organics in waste water. If the anaerobic biomass for production energy for the economic profitability for cellulosic digestion is on-site, then enough biogas producing renewable gasoline or facilities where fossil energy inputs could potentially be produced to replace renewable gasoline blendstock. These become costly to purchase. The all of the fossil natural gas used as fuel variations include for example different processes we analyzed for this and about half the natural gas fed for catalysts and different refining 66 rulemaking utilized a mix of natural gas hydrogen production. Thus, fossil processes to produce different mixes of and biomass for process energy, with natural gas consumption could be final fuel product. While the current biogas replacing natural gas providing further minimized under certain Table 1 entry in the regulations does not improved GHG performance. We have specify process energy sources, we are not analyzed other fuel types (e.g., coal) 66 Kinchin, Christopher. Catalytic Fast Pyrolysis with Upgrading to Gasoline and Diesel Blendstocks. adding these specific eligible energy and are therefore not approving National Renewable Energy Laboratory (NREL). sources since we have not analyzed processes that utilized other fuel 2011. other energy sources (e.g., coal) as also sources at this point. Therefore, we are

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14213

extending our results to include all renewable gasoline and renewable blendstock produced by catalytic variations of the biochemical with gasoline blendstock pathways result in pyrolysis and upgrading, gasification catalytic upgrading process utilizing a GHG emissions reduction of 65–129% and upgrading, other similar thermo- natural gas, biogas or biomass for or better compared to the gasoline fuel catalytic hydrodeoxygenation routes process energy. it would replace using corn stover as a with upgrading, direct fermentation, While actual cellulosic facilities may feedstock. The renewable gasoline and fermentation and upgrading, all show some modifications to the process renewable gasoline blendstock utilizing natural gas, biogas, and/or scenarios we have already analyzed, our pathways which use corn stover as a biomass as the only process energy results give a good indication of the feedstock all exceed the 60% lifecycle sources or any process utilizing biogas range of emissions we could expect GHG threshold requirements for and/or biomass as the only energy from processes producing renewable cellulosic biofuel, these pathways sources, and using corn stover as a gasoline and renewable gasoline capture the likely current technologies, feedstock or the feedstocks noted above. blendstock from cellulosic feedstock, all and future technology improvements are In order to qualify for RIN generation, of which meet the 60% cellulosic likely to increase efficiency and lower the fuel must meet the other definitional biofuel threshold (assuming they are GHG emissions. Therefore we have criteria for renewable fuel (e.g., utilizing natural gas, biogas or biomass determined that all processes producing produced from renewable biomass, and for process energy). Technology changes renewable gasoline or renewable used to reduce or replace petroleum- in the future are likely to increase gasoline blendstock from corn stover based transportation fuel, heating oil or efficiency to maximize profits, while can qualify if they fall in the following jet fuel) specified in the Clean Air Act also lowering lifecycle GHG emissions. process characterizations: and the RFS regulations. Therefore, we have concluded that since • Catalytic pyrolysis and upgrading A manufacturer of a renewable motor all of the renewable gasoline or utilizing natural gas, biogas, and/or vehicle gasoline (including parties using renewable gasoline blendstock fuel biomass as the only process energy a renewable blendstock obtained from processing methods we have analyzed sources another party), must satisfy EPA motor • exceed the 60% threshold using specific Gasification and upgrading utilizing vehicle registration requirements in 40 cellulosic feedstock types, we can natural gas, biogas, and/or biomass as CFR part 79 for the fuel to be used as conclude that processes producing the only process energy sources a transportation fuel. Per 40 CFR • renewable gasoline or renewable Thermo-catalytic 79.56(e)(3)(i), a renewable motor vehicle gasoline blendstock that fit within the hydrodeoxygenation processes such as gasoline would be in the Non-Baseline categories of process analyzed here and aqueous phase processing with Gasoline category or the Atypical are produced from the same feedstock upgrading sufficiently similar to Gasoline category (depending on its types and using natural gas, biogas or pyrolysis and gasification properties) since it is not derived only biomass for process energy use will also • Direct fermentation utilizing natural from conventional petroleum, heavy oil meet the 60% GHG reduction threshold. gas, biogas, and/or biomass as the only deposits, coal, tar sands and/or oil sands In addition, while other technologies process energy sources (40 CFR 79.56(e)(3)(i)(5)). In either case, may develop, we expect that they will • Fermentation and upgrading the Tier 1 requirements at 40 CFR 79.52 only become commercially competitive utilizing natural gas, biogas, and/or (emissions characterization) and the if they have better yields (more gallons biomass as the only process energy Tier 2 requirements at 40 CFR 79.53 per ton of feedstock) or lower sources (animal exposure) are conditions for production costs due to lower energy • Any process utilizing biogas and/or registration unless the manufacturer consumption. Both of these factors biomass as the only process energy qualifies for a small business provision would suggest better GHG performance. sources. at 40 CFR 79.58(d). For a non-baseline This would certainly be the case if such As was the case for extending corn gasoline, a manufacturer under $50 processes also relied upon using biogas stover results to other feedstocks in the million in annual revenue is exempt and/or biomass as the primary energy March 2010 RFS final rule, these results from Tier 1 and Tier 2. For an atypical source. Therefore based on our review are also reasonably extended to gasoline there is no exemption from Tier of the existing primary cellulosic biofuel feedstocks with similar or lower GHG 1, but a manufacturer under $10 million production processes, likely GHG emissions profiles, including the in annual revenue is exempt from Tier emission improvements for existing or following feedstocks: new technologies, and consideration of • Cellulosic biomass from crop 2. the positive GHG emissions benefits residue, slash, pre-commercial Registration for a motor vehicle associated with using biogas and/or thinnings and tree residue, annual cover gasoline at 40 CFR 79 is via EPA Form biomass for process energy, we are crops; 3520–12, Fuel Manufacturer approving for cellulosic RIN generation • Cellulosic components of separated Notification for Motor Vehicle Fuel, any process for renewable gasoline and yard waste; available at: http://www.epa.gov/otaq/ renewable gasoline blendstock • Cellulosic components of separated regs/fuels/ffarsfrms.htm. production using specified cellulosic food waste; and • D. Esterification Production Process biomass feedstocks as long as the Cellulosic components of separated Inclusion for Specified Feedstocks process utilizes biogas and/or biomass MSW Producing Biodiesel for all process energy. For more information on the reasoning for extension to these other The Agency is not taking final action 5. Summary feedstocks refer to the feedstock at this time on its proposed inclusion of Three renewable gasoline and production and distribution section or the process ‘‘esterification’’ as an renewable gasoline blendstock the March 2010 RFS rulemaking (75 FR approved biodiesel production process pathways were compared to baseline 14670). in Table 1 to § 40 CFR 80.1426. See 77 petroleum gasoline, using the same Based on these results, today’s rule FR 465. We continue to evaluate the value for baseline gasoline as in the includes pathways for the generation of issue and anticipate issuing a final March 2010 RFS final rule analysis. The cellulosic biofuel RINs for renewable determination as part of a subsequent results of the analysis indicate that the gasoline or renewable gasoline rulemaking.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14214 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

III. Additional Changes to Listing of GHG emissions for two reasons. First, existing regulations at 40 CFR part 80, Available Pathways in Table 1 of our analyses considered world-wide subpart M under the provisions of the 80.1426 impacts and thus considered canola/ Paperwork Reduction Act, 44 U.S.C. We are also finalizing two changes to rapeseed crop production in other 3501 et seq. and has assigned OMB Table 1 to 80.1426 that were proposed countries. Second, other countries most control numbers 2060– 0637 and 2060– on July 1, 2011(76 FR 38844). The first likely to be exporting canola/rapeseed 0640. The OMB control numbers for change adds ID letters to pathways to or biodiesel product from canola/ EPA’s regulations in 40 CFR are listed facilitate references to specific rapeseed are likely to be major in 40 CFR part 9. pathways. The second change adds producers which typically use similar C. Regulatory Flexibility Act cultivars and farming techniques. ‘‘rapeseed’’ to the existing pathway for The Regulatory Flexibility Act (RFA) renewable fuel made from canola oil. Therefore, GHG emissions from producing biodiesel with canola/ generally requires an agency to prepare On September 28, 2010, EPA a regulatory flexibility analysis of any published a ‘‘Supplemental rapeseed grown in other countries should be very similar to the GHG rule subject to notice and comment Determination for Renewable Fuels rulemaking requirements under the Produced Under the Final RFS2 emissions we modeled for Canadian and U.S. canola, though they could be Administrative Procedure Act or any Program from Canola Oil’’ (75 FR other statute unless the agency certifies 59622). In the July 1, 2011 NPRM (76 FR slightly (and insignificantly) higher or lower. At any rate, even if there were that the rule will not have a significant 38844) we proposed to clarify two economic impact on a substantial aspects of the supplemental unexpected larger differences, EPA believes the small amounts of feedstock number of small entities. Small entities determination. First we proposed to include small businesses, small amend the regulatory language in Table or fuel potentially coming from other countries will not impact our threshold organizations, and small governmental 1 to § 80.1426 to clarify that the jurisdictions. currently-approved pathway for canola analysis. Therefore, EPA interprets the approved canola pathway as covering For purposes of assessing the impacts also applies more generally to rapeseed. of today’s rule on small entities, small While ‘‘canola’’ was specifically canola/rapeseed regardless of country of origin. entity is defined as: (1) A small business described as the feedstock evaluated in as defined by the Small Business the supplemental determination, we had We are also correcting an inadvertent omission to the proposal which Administration’s (SBA) regulations at 13 not intended the supplemental CFR 121.201; (2) a small governmental determination to cover just those incorrectly did not include a pathway for producing naphtha from switchgrass jurisdiction that is a government of a varieties or sources of rapeseed that are city, county, town, school district or identified as canola, but to all rapeseed. and miscanthus; this pathway was included in the original March 2010 special district with a population of less As described in the July 1, 2011 NPRM, than 50,000; and (3) a small we currently interpret the reference to RFS final rule. This pathway also incorporates the additional energy grass organization that is any not-for-profit ‘‘canola’’ in Table 1 to § 80.1426 to enterprise which is independently include any rapeseed. To eliminate feedstock sources being added today, namely energy cane. owned and operated and is not ambiguity caused by the current dominant in its field. language, however, we proposed to IV. Statutory and Executive Order After considering the economic replace the term ‘‘canola’’ in that table Reviews impacts of this action on small entities, with the term ‘‘canola/rapeseed’’. I certify that this rule will not have a A. Executive Order 12866: Regulatory Canola is a type of rapeseed. While the significant economic impact on a Planning and Review and Executive term ‘‘canola’’ is often used in the substantial number of small entities. Order 13563: Improving Regulation and American continent and in Australia, This rule will not impose any new Regulatory Review the term ‘‘rapeseed’’ is often used in requirements on small entities. The Europe and other countries to describe Under Executive Order 12866 (58 FR relatively minor corrections and the same crop. We received no adverse 51735, October 4, 1993), this action is a modifications this rule makes to the comments on our proposal, and are ‘‘significant regulatory action.’’ final March 2010 RFS regulations do not finalizing it as proposed. This change Accordingly, EPA submitted this action impact small entities. will enhance the clarity of the to the Office of Management and Budget regulations regarding the feedstocks that (OMB) for review under Executive D. Unfunded Mandates Reform Act qualify under the approved canola Orders 12866 and 13563 (76 FR 3821, This rule does not contain a Federal biodiesel pathway. January 21, 2011) and any changes made mandate that may result in expenditures Second, we wish to clarify that in response to OMB recommendations of $100 million or more for State, local, although the GHG emissions of have been documented in the docket for and tribal governments, in the aggregate, producing fuels from canola feedstock this action. or the private sector in any one year. We grown in the U.S. and Canada was have determined that this action will specifically modeled as the most likely B. Paperwork Reduction Act not result in expenditures of $100 source of canola (or rapeseed) oil used This action does not impose any new million or more for the above parties for biodiesel produced for sale and use information collection burden. The and thus, this rule is not subject to the in the U.S., we also intended that the corrections, clarifications, and requirements of sections 202 or 205 of approved pathway cover canola/ modifications to the final March 2010 UMRA. rapeseed oil from other countries, and RFS regulations contained in this rule This rule is also not subject to the we interpret our regulations in that are within the scope of the information requirements of section 203 of UMRA manner. We expect the vast majority of collection requirements submitted to the because it contains no regulatory biodiesel used in the U.S. and produced Office of Management and Budget requirements that might significantly or from canola/rapeseed oil will come from (OMB) for the final March 2010 RFS uniquely affect small governments. It U.S. and Canadian crops. Incidental regulations. only applies to gasoline, diesel, and amounts from crops produced in other OMB has approved the information renewable fuel producers, importers, nations will not impact our average collection requirements contained in the distributors and marketers and makes

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14215

relatively minor corrections and determination to qualify new fuel that before a rule may take effect, the modifications to the RFS regulations. pathways under the RFS regulations, agency promulgating the rule must creating further opportunity and submit a rule report, which includes a E. Executive Order 13132 (Federalism) flexibility for compliance with the copy of the rule, to each House of the This action does not have federalism Energy Independence and Security Act Congress and to the Comptroller General implications. It will not have substantial of 2007 (EISA) mandates. of the United States. A major rule direct effects on the States, on the cannot take effect until 60 days after it relationship between the national I. National Technology Transfer and Advancement Act is published in the Federal Register. government and the States, or on the EPA will submit a report containing this distribution of power and Section 12(d) of the National rule and other required information to responsibilities among the various Technology Transfer and Advancement the U.S. Senate, the U.S. House of levels of government, as specified in Act of 1995 (‘‘NTTAA’’), Public Law Representatives, and the Comptroller Executive Order 13132. This action only 104–113, 12(d) (15 U.S.C. 272 note) General of the United States prior to applies to gasoline, diesel, and directs EPA to use voluntary consensus publication of the rule the Federal renewable fuel producers, importers, standards in its regulatory activities Register. This action is not a ‘‘major distributors and marketers and makes unless to do so would be inconsistent rule’’ as defined by 5 U.S.C. 804(2). relatively minor corrections and with applicable law or otherwise modifications to the RFS regulations. impractical. Voluntary consensus V. Statutory Provisions and Legal Thus, Executive Order 13132 does not standards are technical standards (e.g., Authority apply to this action. materials specifications, test methods, Statutory authority for the rule sampling procedures, and business F. Executive Order 13175 (Consultation finalized today can be found in section practices) that are developed or adopted and Coordination With Indian Tribal 211 of the Clean Air Act, 42 U.S.C. by voluntary consensus standards Governments) 7545. Additional support for today’s bodies. NTTAA directs EPA to provide rule comes from Section 301(a) of the This rule does not have tribal Congress, through OMB, explanations Clean Air Act, 42 U.S.C. 7414, 7542, and implications, as specified in Executive when the Agency decides not to use 7601(a). Order 13175 (65 FR 67249, November 9, available and applicable voluntary 2000). It applies to gasoline, diesel, and consensus standards. List of Subjects in 40 CFR Part 80 renewable fuel producers, importers, This action does not involve technical Environmental protection, distributors and marketers. This action standards. Therefore, EPA did not Administrative practice and procedure, makes relatively minor corrections and consider the use of any voluntary Agriculture, Air pollution control, modifications to the RFS regulations, consensus standards. Confidential business information, and does not impose any enforceable Diesel Fuel, Energy, Forest and Forest duties on communities of Indian tribal J. Executive Order 12898: Federal Actions To Address Environmental Products, Fuel additives, Gasoline, governments. Thus, Executive Order Imports, Labeling, Motor vehicle 13175 does not apply to this action. Justice in Minority Populations and Low-Income Populations pollution, Penalties, Petroleum, Reporting and recordkeeping G. Executive Order 13045: Protection of Executive Order (EO) 12898 (59 FR requirements. Children From Environmental Health 7629 (Feb. 16, 1994)) establishes Federal Risks and Safety Risks executive policy on environmental Dated: February 22, 2013. EPA interprets EO 13045 (62 FR justice. Its main provision directs Bob Perciasepe, 19885, April 23, 1997) as applying only Federal agencies, to the greatest extent Acting Administrator. to those regulatory actions that concern practicable and permitted by law, to For the reasons set forth in the health or safety risks, such that the make environmental justice part of their preamble, 40 CFR part 80 is amended as analysis required under section 5–501 of mission by identifying and addressing, follows: the EO has the potential to influence the as appropriate, disproportionately high regulation. This action is not subject to and adverse human health or PART 80—REGULATION OF FUELS EO 13045 because it does not establish environmental effects of their programs, AND FUEL ADDITIVES an environmental standard intended to policies, and activities on minority mitigate health or safety risks. populations and low-income ■ 1. The authority citation for part 80 continues to read as follows: H. Executive Order 13211: Actions populations in the United States. EPA has determined that this rule will Concerning Regulations That Authority: 42 U.S.C. 7414, 7521(1), 7545 not have disproportionately high and Significantly Affect Energy Supply, and 7601(a). adverse human health or environmental Distribution, or Use effects on minority or low-income ■ 2. Section 80.1401 is amended by This action is not a ‘‘significant populations because it does not affect adding definitions of ‘‘Energy cane,’’ energy action’’ as defined in Executive the level of protection provided to ‘‘Renewable gasoline’’ and ‘‘Renewable Order 13211 (66 FR 28355 (May 22, human health or the environment. gasoline blendstock’’ in alphabetical 2001)), because it is not likely to have These amendments would not relax the order to read as follows: a significant adverse effect on the control measures on sources regulated § 80.1401 Definitions. supply, distribution, or use of energy. by the RFS regulations and therefore This rulemaking does not change any would not cause emissions increases * * * * * programmatic structural component of from these sources. Energy cane means a complex hybrid the RFS regulatory requirements. This in the Saccharum genus that has been rulemaking does not add any new K. Congressional Review Act bred to maximize cellulosic rather than requirements for obligated parties under The Congressional Review Act, 5 sugar content. For the purposes of this the program or mandate the use of any U.S.C. 801 et seq., as added by the Small section, energy cane excludes the of the new pathways contained in the Business Regulatory Enforcement species Saccharum spontaneum, but rule. This rulemaking only makes a Fairness Act of 1996, generally provides includes hybrids derived from S.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14216 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

spontaneum that have been developed Renewable gasoline blendstock means ■ 3. Section 80.1426 is amended by and publicly released by USDA. a blendstock made from renewable revising Table 1 in paragraph (f)(1) to * * * * * biomass that is composed of only read as follows: hydrocarbons and which meets the Renewable gasoline means renewable § 80.1426 How are RINs generated and definition of gasoline blendstock in fuel made from renewable biomass that assigned to batches of renewable fuel by § 80.2(s). is composed of only hydrocarbons and renewable fuel producers or importers? which meets the definition of gasoline * * * * * * * * * * in § 80.2(c). (f) * * * (1) * * *

TABLE 1 TO § 80.1426—APPLICABLE D CODES FOR EACH FUEL PATHWAY FOR USE IN GENERATING RINS

Fuel type Feedstock Production process requirements D–Code

A ...... Ethanol ...... Corn starch ...... All of the following: Dry mill process, using nat- 6 ural gas, biomass, or biogas for process en- ergy and at least two advanced technologies from Table 2 to this section. B ...... Ethanol ...... Corn starch ...... All of the following: Dry mill process, using nat- 6 ural gas, biomass, or biogas for process en- ergy and at least one of the advanced tech- nologies from Table 2 to this section plus dry- ing no more than 65% of the distillers grains with solubles it markets annually. C ...... Ethanol ...... Corn starch ...... All of the following: Dry mill process, using nat- 6 ural gas, biomass, or biogas for process en- ergy and drying no more than 50% of the dis- tillers grains with solubles it markets annually. D ...... Ethanol ...... Corn starch ...... Wet mill process using biomass or biogas for 6 process energy. E ...... Ethanol ...... Starches from crop residue and annual Fermentation using natural gas, biomass, or 6 covercrops. biogas for process energy. F ...... Biodiesel, renew- Soy bean oil; Oil from annual covercrops; Algal One of the following: Trans-Esterification 4 able diesel, jet oil; Biogenic waste oils/fats/greases; Non-food Hydrotreating Excluding processes that co- fuel and heating grade corn oil Camelina sativa oil. process renewable biomass and petroleum. oil. G ...... Biodiesel, heating Canola/Rapeseed oil ...... Trans-Esterification using natural gas or bio- 4 oil. mass for process energy. H ...... Biodiesel, renew- Soy bean oil; Oil from annual covercrops; Algal One of the following: Trans-Esterification 5 able diesel, jet oil; Biogenic waste oils/fats/greases; Non-food Hydrotreating Includes only processes that fuel and heating grade corn oil Camelina sativa oil. co-process renewable biomass and petroleum. oil. I ...... Naphtha, LPG ...... Camelina sativa oil ...... Hydrotreating ...... 5 J ...... Ethanol ...... Sugarcane ...... Fermentation ...... 5 K ...... Ethanol ...... Cellulosic Biomass from crop residue, slash, Any ...... 3 pre-commercial thinnings and tree residue, annual covercrops, switchgrass, miscanthus, and energy cane; cellulosic components of separated yard waste; cellulosic components of separated food waste; and cellulosic com- ponents of separated MSW. L ...... Cellulosic diesel, Cellulosic Biomass from crop residue, slash, Any ...... 7 jet fuel and heat- pre-commercial thinnings and tree residue, ing oil. annual covercrops, switchgrass, miscanthus, and energy cane; cellulosic components of separated yard waste; cellulosic components of separated food waste; and cellulosic com- ponents of separated MSW. M ...... Renewable gaso- Cellulosic Biomass from crop residue, slash, Catalytic Pyrolysis and Upgrading, Gasification 3 line and renew- pre-commercial thinnings, tree residue, annual and Upgrading, Thermo-Catalytic able gasoline cover crops; cellulosic components of sepa- Hydrodeoxygenation and Upgrading, Direct blendstock. rated yard waste; cellulosic components of Biological Conversion, Biological Conversion separated food waste; and cellulosic compo- and Upgrading, all utilizing natural gas, nents of separated MSW. biogas, and/or biomass as the only process energy sources Any process utilizing biogas and/or biomass as the only process energy sources. N ...... Naphtha ...... Cellulosic biomass from switchgrass, Gasification and upgrading ...... 3 miscanthus, and energy cane. O ...... Butanol ...... Corn starch ...... Fermentation; dry mill using natural gas, bio- 6 mass, or biogas for process energy.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14217

TABLE 1 TO § 80.1426—APPLICABLE D CODES FOR EACH FUEL PATHWAY FOR USE IN GENERATING RINS—Continued

Fuel type Feedstock Production process requirements D–Code

P ...... Ethanol, renewable The non-cellulosic portions of separated food Any ...... 5 diesel, jet fuel, waste. heating oil, and naphtha. Q ...... Biogas ...... Landfills, sewage waste treatment plants, ma- Any ...... 5 nure digesters. R ...... Ethanol ...... Grain Sorghum ...... Dry mill process using biogas from landfills, 6 waste treatment plants, and/or waste digest- ers, and/or natural gas, for process energy. S ...... Ethanol ...... Grain Sorghum ...... Dry mill process, using only biogas from land- 5 fills, waste treatment plants, and/or waste di- gesters for process energy and for on-site production of all electricity used at the site other than up to 0.15 kWh of electricity from the grid per gallon of ethanol produced, cal- culated on a per batch basis.

* * * * * DATES: This rule is effective on May 6, Avenue SE, Washington, DC between 9 [FR Doc. 2013–04929 Filed 3–4–13; 8:45 am] 2013. Petitions for reconsideration must a.m. and 5 p.m. Monday through Friday, BILLING CODE 6560–50–P be received on or before May 6, 2013. except Federal holidays. Petitions for reconsideration will be FOR FURTHER INFORMATION CONTACT: posted in the docket for this proceeding. Patricia V. Sun, Trial Attorney, Office of DEPARTMENT OF TRANSPORTATION Comments on any submitted petition for Chief Counsel, Mail Stop 10, FRA, 1200 reconsideration must be received on or New Jersey Avenue SE. Washington, DC Federal Railroad Administration before June 18, 2013. 20590 (telephone 202–493–6060), ADDRESSES: Petitions for reconsideration [email protected]. 49 CFR Part 219 or comments on such petitions: Any SUPPLEMENTARY INFORMATION: petitions and any comments to petitions [Docket No. FRA–2010–0155] related to Docket No. FRA–2010–0155, The NPRM may be submitted by any of the RIN 2130–AC24 In 1985, to further its accident following methods: investigation program, FRA began Control of Alcohol and Drug Use: • Online: Comments should be filed conducting alcohol and drug tests on Addition of Post-Accident at the Federal eRulemaking Portal, railroad employees who had been Toxicological Testing for Non- http://www.regulations.gov. Follow the involved in serious train accidents that Controlled Substances online instructions for submitting comments. met its specified criteria for post- AGENCY: Federal Railroad • Fax: 202–493–2251. accident testing (see 49 CFR 219.201). Administration (FRA), Department of • Mail: Docket Management Facility, Since the program’s inception, FRA has Transportation (DOT). U.S. DOT, 1200 New Jersey Avenue SE., routinely conducted post-accident tests ACTION: Final rule. W12–140, Washington, DC 20590. for alcohol and for certain drugs • Hand Delivery: Room W12–140 on classified by the Drug Enforcement SUMMARY: In 1985, FRA implemented a the Ground level of the West Building, Administration (DEA) as controlled post-accident toxicological testing (post- 1200 New Jersey Avenue SE., substances because of their potential for accident testing) program to test railroad Washington, DC between 9 a.m. and 5 abuse or addiction. See the Controlled employees who had been involved in p.m. Monday through Friday, except Substances Act (CSA), Title II of the serious train accidents for alcohol and federal holidays. Comprehensive Drug Abuse Prevention certain controlled substances Instructions: All submissions must Substances Act of 1970 (CSA, 21 U.S.C. (marijuana, cocaine, phencyclidine include the agency name and docket 801 et seq.). As noted in the NPRM, FRA (PCP), and selected opiates, number or Regulatory Identification has historically conducted post-accident amphetamines, barbiturates, and Number (RIN) for this rulemaking. All tests for alcohol and marijuana, cocaine, benzodiazepines). This final rule adds petitions and comments received will be phencyclidine (PCP), and certain certain non-controlled substances with posted without change to http:// opiates, amphetamines, barbiturates, potentially impairing side effects to its www.regulations.gov; this includes any and benzodiazepines. The purpose of standard post-accident testing panel. personal information. Please see the these tests is to determine if alcohol The non-controlled substances include Privacy Act heading in the misuse or drug abuse played a role in tramadol and sedating antihistamines. ‘‘Supplementary Information’’ section of the occurrence or severity of an This final rule makes clear that FRA this document for Privacy Act accident. intends to keep the post-accident test information related to any submitted On May 17, 2012, FRA proposed to results for these non-controlled petitions or materials. add routine post-accident tests for substances confidential while it Docket: For access to the docket to certain non-controlled substances with continues to obtain and analyze data on read background documents or potentially impairing side effects (77 FR the extent to which prescription and comments received, go to http:// 29307). As discussed in the NPRM, over-the-counter (OTC) drug use by www.regulations.gov at any time or to studies have shown a significant railroad employees potentially affects Room W12–140 on the Ground level of increase in the daily use of prescription rail safety. the West Building, 1200 New Jersey drugs, OTC drugs, vitamins, and herbal

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14218 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

and dietary supplements by both Brotherhood of Locomotive Engineers studies FRA cited in the NPRM (Slone railroad workers and the general and Trainmen, the Brotherhood of Epidemiology Center at Boston population. Although most prescription Maintenance of Way Employes Division, University, Patterns of Medications Use drugs and all OTC drugs are non- the Brotherhood of Railroad Signalmen, in the United States (2006), and controlled substances, many commonly and the United Transportation Union National Community Pharmacists used ones, such as antihistamines and (collectively referred to as ‘‘Rail Labor’’); Association, Take as Directed: A muscle relaxants (e.g., tramadol), carry with the Transportation Trades Prescription Not Followed (2006)) warning labels against driving or Division, AFL-CIO filing a comment in concerned the prevalence of moving heavy machinery because of support. FRA also received individual prescription and OTC drug use among their potential sedating effects. comments from three health care the population in general, and not Furthermore, even prescription and professionals (HCPs). FRA addresses the railroad workers in particular. An HCP OTC drugs that do not carry such common issues raised by the also expressed the view that FRA had warnings can have unintended side commentators below instead of not shown that medication use was effects when taken in combination with addressing each comment separately. prevalent in the rail industry. other drugs, when not used in FRA notes that commenters provided The Addition of Post-Accident Tests for accordance with directions, or when a no evidence that the use of prescription Tramadol and Sedating Antihistamines user has an unusual reaction. and OTC drugs by the railroad employee In the NPRM, FRA discussed testing Comment was divided on FRA’s population is different than that of the for two non-controlled substances: (1) proposal to add routine post-accident general population studied in Slone and Tramadol, which is available only by tests for non-controlled substances such National Community. In 2006, FRA prescription, and (2) sedating as tramadol and sedating published a study that it had antihistamines, which are available at antihistamines. Rail Labor commissioned from Foster-Miller, Inc. both prescription and OTC dosages. representatives, who were uniformly (GERTLER, J., HARTENBAUM, N., MD, FRA asked for comment on how the opposed, asserted that conducting post- VIALE, A., WITTELS, E., MD, S. ELLIS, agency should handle test results for accident tests for legal drugs would ESQ. (2005) MEDICAL STANDARDS these first non-controlled substances to discourage railroad employees from FOR RAILROAD WORKERS), which be tested for routinely in its post- using necessary prescription and OTC found over 60 percent of U.S. railroad accident testing program. In the NPRM, drugs, and that the resulting risks from workers to be males between 45–64 FRA proposed to continue its research untreated medical conditions could years of age. That same year, Slone testing related to sedating outweigh the possible adverse effects found that 30 percent of men between antihistamines and keep the test results from the medications used to treat them. 45–64 years old self-reported using five confidential and not report to the Rail Labor representatives also stressed or more prescription and OTC drugs in relevant railroad or employee any the privacy interests employees have in a week, while the corresponding figure sedating antihistamine post-accident their medical information and expressed for men between 18–44 years old was test results. In the NPRM, FRA noted concerns that the release of positive test only eight percent. Slone concluded that that although tramadol is a non- results for sedating antihistamines could the nearly one third of older men who controlled substance, it is a cause an employee to suffer discipline use at least five drugs a week are at prescription-only semi-synthetic opioid or dismissal for the use of a legal greater risk for unintended drug that can cause dizziness, and sought substance. The AAR supported FRA’s interactions. comment on how it should handle proposal, and the ACOEM was strongly Moreover, FRA’s own research studies tramadol post-accident test results. FRA in favor of post-accident testing for non- provided anecdotal evidence of multiple specifically requested comment as to controlled substances as a necessary drug use among railroad employees. As whether the agency should release post- first step in increasing employee and discussed in the NPRM, from April 2002 accident test results for tramadol as it employer awareness of the risks of to April 2009, FRA asked railroad does for other opioids that are unintended drug interactions from employees who had been involved in controlled substances. polypharmacy (the use of multiple reportable (see FRA’s accident reporting The NPRM also contained two prescription and OTC drugs). The HCPs regulations at 49 CFR part 225) human- announcements. To make its post- who submitted comments had varied factor accidents to complete surveys on accident testing requirements and views. One HCP supported the addition their recent prescription and OTC drug procedures easier to understand, FRA of sedating antihistamines, but not use. In eighty percent of the 294 railroad announced that its standard post- tramadol, because the HCP considered it accidents at least partially attributed to accident testing box would include new to be a ‘‘mild opioid.’’ Another HCP human error during this period, one or information and an updated and supported the addition of both more of the employees involved simplified form and instructions. FRA substances because of their tendency to reported using at least one generic or also announced that it was amending induce drowsiness, but added that FRA brand name drug, and many employees Appendix B to 49 CFR part 219 to needed to address the issue of fatigue reporting the use of multiple substances, designate Quest Diagnostics in Tucker, among railroad workers. A third HCP, including not only prescription and Georgia as its post-accident testing noting that any substance, including OTC drugs, but also herbal remedies laboratory. water, can be problematic if taken and dietary supplements. FRA believes incorrectly or in too large amounts, the actual use of prescription and OTC Comments on the NPRM questioned how FRA had selected drugs by railroad employees is likely FRA received seven comments on the tramadol and the four sedating higher than that indicated in these self- NPRM. FRA received comments from antihistamines mentioned in the NPRM reports, since some survey respondents the Association of American Railroads for post-accident testing. may have omitted or forgotten drugs (AAR), the American College of Some commentators questioned that they had used. Occupational and Environmental whether FRA had proven that post- Rail Labor representatives commented Medicine (ACOEM), and a joint accident testing for non-controlled that FRA had no data linking the use of submission from the American Train substances was necessary. Rail Labor tramadol or sedating antihistamines to Dispatchers Association, the pointed out that the independent an increased risk of rail accidents,

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14219

whether due to an adverse side effect of ANTIHISTAMINE AND DRIVING– request. See § 219.211(f) and (h).) Except the drug or an employee’s failure to RELATED BEHAVIOR: A REVIEW OF for these limited circumstances, all post- comply with HCP or manufacturer THE EVIDENCE FOR IMPAIRMENT accident test results for non-controlled directions. This is correct. As FRA (2004). As explained in the NPRM, the substances will be kept confidential. noted in the NPRM, FRA proposes to addition of tramadol and sedating FRA will, however, continue to monitor conduct post-accident testing for antihistamines to FRA’s standard post- its post-accident test results and other tramadol and sedating antihistamines accident drug panel does not limit data to see if changes in policy or for research purposes only to obtain FRA’s ability to conduct post-accident additional action are needed. such data and to determine whether tests for other non-controlled The Nature of FRA Post-Accident their use presents a safety issue in the substances, whether to investigate an Testing railroad industry. While the addition of individual accident or to conduct any drug to FRA’s post-accident testing additional research. Several comments concerned both the panel indicates that the drug is of safety addition of non-controlled substances to The Reporting of Post-Accident Test concern to FRA, FRA’s purpose in post-accident tests and FRA post- Results for Non-Controlled Substances adding routine post-accident tests for accident testing in general. An HCP non-controlled substances is to obtain As noted above, in the NPRM, FRA commented that since the purpose of data, not to deter the use of legal drugs asked for comment on how it should post-accident testing is to prevent by railroad employees. FRA would not handle post-accident test results for accidents, FRA would better address be fulfilling its accident investigation non-controlled substances such as non-controlled substance use by mission if it did not research the impact sedating antihistamines and tramadol. expanding the scope of its prohibitions of legal drugs on the occurrence or Comment was divided on the issue of instead of its post-accident testing severity of significant rail accidents, whether FRA should report tramadol program. Rail Labor representatives including the potential risks of using post-accident test results. Rail Labor commented that FRA post-accident drugs with known adverse effects and representatives and one HCP objected to testing was exempt from DOT testing the potential risks of using multiple the release of results for tramadol, on procedures (see Procedures for prescription and OTC drugs which may the grounds that it is a mild opioid that Transportation Workplace Drug and cause unintended drug interactions. is not a controlled substance. Alcohol Testing Programs (49 CFR part One HCP cited several studies on the Conversely, the AAR argued that as the 40)) only by ‘‘dint of history,’’ and that sedating effects of various primary guardians of rail safety, the proposed addition of non-controlled antihistamines and asked how FRA railroads had a need to know both substances would make FRA’s post- decided to select diphenhydramine, tramadol and sedating antihistamines accident testing panel inconsistent with chlorpheniramine, bromenphiramine, results to be able to address any the drug panels used by other DOT and doxylamine for post-accident concerns that could affect safe programs. To address these comments, testing. To clarify, FRA listed these operations. With the exception of the some of which reflect misperceptions of drugs simply as examples, and not as an AAR, all commentators supported the nature and history of the program, exhaustive list, of the sedating FRA’s proposal to continue the practice FRA is providing an overview of the antihistamines that would be added to of not reporting post-accident test program’s fundamentals. FRA’s drug panel. As stated in the results for sedating antihistamines. While the purpose of other DOT NPRM, the sedating antihistamines After reviewing the comments, FRA agency workplace testing programs is to category ‘‘includes, but is not limited to, has decided to maintain its proposal to detect or deter drug abuse, the purpose diphenhydramine, chlorpheniramine, treat post-accident test results for non- of FRA post-accident testing is not to bromenphiramine, and doxylamine’’ (77 controlled substances (including prevent, but to investigate the causes of FR at 29308, emphasis added). As sedating antihistamines and tramadol) significant railroad accidents and explained below, the purpose of FRA confidential. To this end, FRA is incidents; this is why the FRA’s post- post-accident testing is to obtain data on revising the regulatory text of accident testing program has always the potential causes of major railroad § 219.211(b) as proposed in the NPRM tested for more controlled substances accidents. FRA’s ability to do so would to limit the reporting of post-accident (e.g., barbiturates and benzodiazepines) be hampered if it could only post- testing results to results for controlled than do other DOT agency testing accident test for four of the drugs in the substances only. An employee’s use of programs. Furthermore, an examination sedating antihistamine class. a non-controlled substance is legal and of the history of FRA post-accident FRA is selecting tramadol and generally subject to few restrictions, and testing reveals that the program’s sedating antihistamines, both of which FRA is not convinced at this time that exemption from part 40 coverage was can cause drowsiness, as the initial non- a railroad has a safety need to know deliberate. FRA pioneered controlled substances to be added to its whether an employee is using a non- transportation workplace testing (see standard post-accident testing panel. controlled substance while subject to Final Rule implementing FRA The widely used painkiller tramadol is performing covered service. Thus, FRA reasonable suspicion and post-accident a synthetic opioid similar to other will not report non-controlled substance testing, 50 FR 31508, August 2, 1985), synthetic opioids such as the controlled post-accident test results to the and the Supreme Court upheld the substances oxycodone and methadone. railroads. FRA will report a post- Constitutionality of both programs in The use of sedating antihistamines, accident test result for a non-controlled Skinner v. RLEA, 489 U.S. 602, 109 S. which is even more common, has been substance to an employer or a third Ct. 1402 (1989). Congress took notice of studied by the National Highway Traffic party only if an employee has provided this Court decision two years later when Safety Administration (NHTSA), which specific written consent for release of it enacted the Omnibus Transportation expressed concerns that ‘‘first his or her test result to the employer or Employee Testing Act of 1991 generation antihistamines produce third party. (As has been its standard (‘‘Omnibus Act,’’ Pub. L 102–143, Oct. objective signs of skills performance practice, FRA may also provide post- 28, 1991), by specifically exempting impairment as well as subjective accident test results and post-mortem FRA post-accident testing from the Act, symptoms of sedation.’’ See specimens to the National which required DOT and six of its MOSKOWITZ AND WILKINSON, Transportation Safety Board upon operating administrations to implement

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14220 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

transportation workplace testing Rail Labor representatives also variety of reasons. For this reason FRA programs in accordance with standards expressed misgivings related to railroad will maintain its practice of adjusting set by the Department of Health and availability policies, unpredictable work the substances, cutoffs and protocols in Human Services (HHS). DOT in turn schedules, and FRA post-accident its post-accident testing program exempted FRA post-accident testing testing cutoffs. Their concern was that a without notice and as it has done since from its part 40 procedures (see railroad employee could test above the the program’s inception. When a major § 40.1(c)), which implemented the cutoff for tramadol or a sedating accident happens, FRA cannot wait for Omnibus Act’s mandates and govern all antihistamine if the employee used the notice and comment before deciding other types of FRA and DOT testing. substance, received an unexpected call whether to test for a substance that is Although FRA encourages railroad for duty, and was later involved in an not on its routine post-accident testing employees to seek drugs with fewer accident or incident that qualified for panel if preliminary investigation shows potential side effects, FRA does not post-accident testing. For the reasons the substance may have played a role in believe the addition of non-controlled outlined below, FRA believes this the accident’s occurrence or severity. substances to post-accident tests will misgiving is unfounded. Publication of this final rule provides discourage employees from seeking FRA has consulted with forensic notice that FRA will routinely conduct necessary treatment. As stated above, toxicologists to establish post-accident post-accident tests for non-controlled FRA will not report post-accident test screening and confirmation cut-offs for substances but does not provide results for non-controlled substances tramadol and sedating antihistamines, precedent that FRA will publish notice as appropriate for purposes of accident except with the permission of the of future changes to its post-accident investigation. The purpose of random employee. Moreover, the average testing program. and other types of workplace tests is to Rail Labor representatives also employee will finish his or her railroad detect whether a substance or its questioned why FRA was proposing to career without ever being required to metabolite in present in an employee’s add post-accident tests for prescription provide post-accident test specimens. system, with the ultimate goal of and OTC drugs, given the conclusions of The number of post-accident tests deterring or detecting substance abuse. a Working Group tasked by the Railroad conducted annually is only a fraction of This is not the case with FRA post- Safety Advisory Committee (RSAC) to the total number of FRA drug and accident testing. With the exception of develop Medical Standards (Task alcohol tests conducted each year, major train accidents, where all crew Number 2006–03, Medical Standards for because post-accident tests are members involved must be tested, a Safety-Critical Personnel). According to conducted only on employees involved railroad supervisor on the scene must these commentators, the Working Group in rail accidents or incidents that meet make a good faith determination that an had concluded ‘‘that regulatory FRA’s criteria for a ‘‘qualifying event’’ employee may have played a role in the treatment of such usage [of prescription (see the four types of qualifying events cause or severity of an accident before drugs, OTC drugs, dietary supplements, described in § 219.201). In 2011, for the employee is post-accident tested. and herbal remedies] is inappropriate example, there were only 87 qualifying When a significant accident occurs, the * * * and that FRA’s current Safety events in which a total of 195 railroad special features of the program—the Advisory [Safety Advisory 98–3, employees were post-accident tested. requirement to collect blood from Recommended practices for the safe use This means that 195 post-accident drug surviving employees, the requirement to of prescription and over-the-counter tests and 195 post-accident alcohol tests collect and test specimens from drugs by safety-sensitive railroad were administered in 2011, while fatalities, the requirement to use only employees, 63 FR 71334, December 24, during that same year a total of 34,093 FRA-issued specimen collection kits 1998] continues to sufficiently address random drug tests and 42,289 random and forms, the requirement to follow recommended practices for safe use of alcohol tests were administered to FRA-only collection procedures, the prescription and OTC drugs.’’ FRA railroad employees. As previously requirement that all specimens be believes that this characterization by mentioned, FRA has designated Quest shipped to a single laboratory for these commentators is incorrect since Diagnostics as its post-accident testing analysis, the requirement that this the Medical Standards Working Group laboratory. Again unlike other laboratory exceed the qualifications for has made no consensus workplace testing programs, FRA post- HHS certification, and the requirement recommendations to the RSAC about the accident testing specimens are analyzed that all test results be reviewed by FRA, use of medications by safety-sensitive only at a single laboratory. To be which has sole control over whether employees and Task 2006–03 remains awarded the contract as FRA’s they are reported to employees and open. designated post-accident testing employers—enable FRA to collect data Finally, with regard to Safety laboratory, a laboratory must be able to as one part of its investigation of the Advisory 98–3, FRA notes that the meet not only the technical cause of the accident. (See Appendix C stated purpose of that Advisory remains qualifications for HHS laboratory to 49 CFR part 219.) Because the as important today as it was when the certification but also qualifications set ultimate purpose of FRA’s post-accident Advisory was issued—i.e., the by FRA specifically for its post-accident testing program is to determine the recommendations in that Advisory are testing program. These include the cause of an accident, an employee’s intended to ensure that transportation capability to analyze a wider variety of post-accident test result is just one of employees safely use prescription and specimens (unique among DOT testing the many things FRA investigates. The OTC drugs. In that Advisory, FRA programs, FRA post-accident tests blood mere presence of a substance or specifically noted that ‘‘FRA does not from surviving employees and tissue metabolite in an employee’s system is have a clear picture of the extent to and fluid specimens from fatalities), for never considered in isolation and FRA which the performance of safety- a wider variety of substances (e.g., retains control of all post-accident sensitive employees is adversely barbiturates, carbon monoxide) at lower specimens and results to ensure that a affected by legal drug use.’’ FRA’s levels of detection than other HHS- post-accident test result is interpreted in promulgation of this final rule adding certified laboratories. FRA audits the the context of the overall investigation. certain non-controlled substances to its post-accident laboratory’s compliance Accidents can occur at any time, standard post-accident testing panel is and quality each quarter. under different circumstances, and for a one step toward FRA’s longstanding

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14221

goal of determining whether the and non-controlled substances specified Regulatory Impact and Notices performance of safety-sensitive by FRA’’ to accommodate the addition A. Executive Order 12866 and 13563 employees is adversely affected by the of routine testing for non-controlled and DOT Regulatory Policies and use of prescription and OTC drugs. substances to its post-accident testing Procedures Contents of Standard Post-Accident program. As also proposed in the NPRM, FRA is deleting the reference to This final rule has been evaluated in Testing Box accordance with existing policies and submittal of FRA post-accident testing As announced in the NPRM, FRA is procedures under both Executive Order protocols to HHS, since as detailed amending the contents of its standard 12866 and 13563 and DOT policies and post-accident testing box. FRA is adding above, HHS standards do not apply to procedures. See 44 FR 11034; February guidance on the basis, purpose, and FRA post-accident testing and FRA is 26, 1979. FRA has prepared and placed requirements of its post-accident testing adopting language from the DEA by in the docket (FRA–2010–0155) a program and updating the information adding a sentence stating that regulatory impact analysis addressing requests in FRA F 6180.74, Post- substances may be tested for in any the economic impact of this final rule. Accident Testing Blood/Urine Custody form, whether naturally or synthetically As part of the regulatory impact and Control Form. These amendments derived, since controlled substances can analysis, FRA has assessed pertinent should make FRA’s post-accident be derived from many sources (e.g., costs expected from the implementation testing collection and shipping opiates can be natural, synthetic, or of this rulemaking. FRA has not found requirements easier to understand and semi-synthetic in origin). any costs associated with this final rule. follow. (FRA is not changing the As discussed above, FRA will keep all Additional costs are assumed by the Federal government in their entirety. contents of its fatalities post-accident non-controlled substance post-accident testing box or changing the other form Railroads will not be required to change test results confidential. FRA is in its standard post-accident testing box, their collection process and will have to therefore amending the first sentence of Form FRA F 6180.73, Accident follow the same collection, shipping, Information Required for Post-Accident paragraph (b) as proposed in the NPRM. and handling processes they currently Toxicological Testing.) This change is intended to make clear follow. This means that individuals that FRA will report post-accident test subject to post-accident testing will Section-by-Section Analysis results for controlled substances only. provide the same specimens currently Section 219.5—Definitions Although not discussed in the NPRM, required, which will then be tested for FRA received no comment on its FRA is also amending the first sentence tramadol and sedating antihistamines at proposed definition of a non-controlled of paragraph (f)(1) of this section to state FRA’s expense. Since FRA will use substance and is adding the definition that post-accident test results for non- these results for research and accident as proposed. controlled substances will not be in the investigation purposes only, tramadol final toxicology report included in each and sedating antihistamines test results Section 219.13—Preemptive Effect FRA accident investigation report. In will not be reported directly to either the employee or the employing railroad. FRA received one comment from an the NPRM, FRA asked for comment on This reporting process will apply to HCP who supported removal and whether non-controlled substance both surviving and fatally injured reservation of this section. As proposed, results should be reported to employers FRA is removing the preemption employees. No monetary costs will be and employees; most commentators imposed on the industry as a result of language in paragraph (a) of this section favored keeping these post-accident test because part 219 has preemptive effect this addition. results confidential. While FRA did not by operation of law under the Federal As part of the regulatory impact raise the issue of whether non- Rail Safety Act (FRSA). See 49 U.S.C. analysis, FRA has explained what the 20106. Also as proposed, FRA is moving controlled substance post-accident test likely benefits for this final rule will be, the language in paragraph (b) of this results should be included in FRA and provided numerical assessments of section to a new paragraph (c) of accident investigation reports, keeping the potential value of such benefits. The § 219.17. these results confidential from inclusion of tramadol and sedating employers and employees would be antihistamines will generate safety Section 219.17—Construction meaningless if FRA published them in benefits. Qualitative benefits will be As discussed in the paragraph above its official reports. FRA will therefore generated with the inclusion of sedating and as proposed in the NPRM, FRA is redact non-controlled substance test antihistamines and tramadol in the post- adding a new paragraph (c) to this results from a post-accident toxicology accident testing panel by providing FRA section to replace the language formerly testing report before that report is with the data necessary to carry out contained in § 219.13(b). This new published as part of an FRA accident research to inform future policy on this paragraph states that part 219 does not investigation report. This amendment is topic. The final rule will generate impact State criminal laws imposing necessary to ensure the complete quantifiable benefits upon the addition of sedating antihistamines to the post- sanctions for reckless conduct that leads confidentiality of non-controlled accident testing panel by creating a to actual loss of life, injury, or damage substance post-accident test results. to property, whether such provisions small deterring effect on the use of apply specifically to railroad employees Appendix B sedating antihistamines by railroad or the public at large. workers and encouraging the use of As announced in the NPRM, FRA is alternative medications for allergic Section 219.211—Analysis and Follow- revising Appendix B to this part to relief. A deterring effect will be Up designate Quest Diagnostics in Tucker, generated by the regulatory signal FRA As proposed in the NPRM, in the Georgia as its post-accident testing is sending to the regulated community second sentence of paragraph (a), FRA laboratory. about the safety concern related to these is replacing the phrase ‘‘alcohol and non-controlled substances. FRA expects controlled substances specified by FRA’’ some individuals to alter their usage of with ‘‘alcohol, controlled substances, these substances and improve safety.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14222 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Thus, in general, the final rule will Consistent with societal trends, FRA standards’’ for small entities. It provides reduce railroad accidents and their is concerned about the increasing use of that the largest a for-profit railroad associated casualties and damages. FRA non-controlled drugs in the railroads business firm may be (and still classify believes the value of the anticipated labor force. With this final rule FRA will as a ‘‘small entity’’) is 1,500 employees safety benefits will exceed the cost of learn about the impact of some of these for ‘‘Line-Haul Operating’’ railroads, implementing the final rule. Over a 10- non-controlled substances on railroad and 500 employees for ‘‘Short-Line year period, this analysis finds that $2.3 safety by updating the definition of non- Operating’’ railroads.1 controlled substances, changing the million in benefits will accrue through Federal agencies may adopt their own reporting requirements related to the accident prevention. The discounted size standards for small entities in drug panel change, and including more value of this is $1.9 million (PV, 7 consultation with SBA, and in drugs in the current post-accident percent). The table below presents the conjunction with public comment. testing panel. This Regulatory estimated benefits associated with the Pursuant to the authority provided to it final rule. Flexibility Impact Analysis is presented to comply with Executive Order 13272 by SBA, FRA has published a final policy, which formally establishes small 10-YEAR ESTIMATED BENEFITS OF THE and with the Regulatory Flexibility Act entities as railroads that meet the line FINAL RULE as part of the formal rulemaking process required by law. haulage revenue requirements of a Class [In millions] 2 The final regulation is amending III railroad. Currently, the revenue requirements are $20 million or less in Benefits PV, 7% §§ 219.5 and 219.211 by providing for the routine post-accident testing for annual operating revenue, adjusted Tramadol ...... $0 $0 non-controlled substances. FRA will annually for inflation. The $20 million Sedating Antihistamines 2.3 1.9 treat post-accident test results for non- limit (adjusted annually for inflation) is controlled substances as confidential based on the Surface Transportation Total ...... 2.3 1.9 and will not disclose such results to the Board’s threshold of a Class III railroad, relevant railroad or employee. which is adjusted by applying the Dollars are discounted at a Present value 3 rate of 7 percent. railroad revenue deflator adjustment. I. Description of Regulated Entities and FRA is using this definition for this final Regulatory Flexibility Act—Certification Impacts rule. of No Significant Economic Impact on a The ‘‘universe’’ of the entities under Substantial Number of Small Entities consideration includes only those small Railroads FRA developed the final rule in entities that can reasonably be expected FRA regulates a total 756 railroads. to be directly affected by the provisions accordance with Executive Order 13272 However, only 644 could be considered of this final rule. For this final rule there (‘‘Proper Consideration of Small Entities to be small for the purposes of this is only one type of small entity that is in Agency Rulemaking’’) and DOT’s analysis because 7 are large Class I affected: small railroads. procedures and policies to promote ‘‘Small entity’’ is defined in 5 U.S.C. freight railroads, Amtrak and 26 compliance with the Regulatory 601. Section 601(3) defines a ‘‘small commuter railroads serving Flexibility Act (5 U.S.C. 601 et seq.) to entity’’ as having the same meaning as communities larger than 50,000 people, ensure potential impacts of rules on ‘‘small business concern’’ under § 3 of and 12 are Class II railroads. All these small entities are properly considered. the Small Business Act. This includes railroads are not considered to be small. FRA certified pursuant to the Regulatory any small business concern that is The rest of the railroads not included in Flexibility Act (5 U.S.C. 605(b)) in the independently owned and operated, and this analysis do not operate in the NPRM. Furthermore, FRA invited all is not dominant in its field of operation. general railroad system and are not interested parties to submit data and Section 601(4) likewise includes within subject to the final regulation. Two information regarding this certification the definition of ‘‘small entities’’ not- commuter railroads were included in and did not receive any comments about for-profit enterprises that are this analysis, the Hawkeye Express and it during the public comment period. independently owned and operated, and the Saratoga & North Creek Railway. The Regulatory Flexibility Act are not dominant in their field of The Hawkeye Express provides requires an agency to review regulations operations. Additionally, 5 U.S.C. commuter service to Iowa City and is to assess their impact on small entities. 601(5) defines ‘‘small entities’’ as owned by a Class III railroad, a small An agency must conduct a regulatory governments of cities, counties, towns, entity. The Saratoga & North Creek flexibility analysis unless it determines townships, villages, school districts, or Railway started operations in 2011, and certifies that a rule is not expected special districts with populations less serving several stations between North to have a significant economic impact than 50,000. Creek and Saratoga Springs, New York on a substantial number of small The U.S. Small Business with three trains a day and meets the entities. Administration (SBA) stipulates ‘‘size criteria to be considered a small entity.

Railroads that do not operate Type of railroad Total in general Small system

Freight Class I ...... 7 0 0 Freight Class II ...... 12 0 0 Freight Class III ...... 708 66 642 Amtrak ...... 1 0 0

1 ‘‘Table of Size Standards,’’ U.S. Small Business 2 See 68 FR 24891 (May 9, 2003). 3 For further information on the calculation of the Administration, January 31, 1996, 13 CFR Part 121. specific dollar limit, please see 49 CFR Part 1201.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14223

Railroads that do not operate Type of railroad Total in general Small system

Commuter ...... 28 0 2

Total ...... 756 66 644

It is important to note that the small positive on any of these non-controlled 219.3). Thus, as noted above this final entities being considered in this substances neither the railroad nor the rule will impact a substantial number of analysis are knowledgeable about employee will face additional expenses small railroads. current post-accident testing to respond to that finding. requirements. Most small railroads have II. Certification Significant Economic Impact Criteria experience on carrying out a post- Pursuant to the Regulatory Flexibility Previously, FRA sampled small accident test. Data from the FRA’s Drug Act (5 U.S.C. 605(b)), FRA certifies that railroads and found that revenue and Alcohol Program reveals that this final rule will not have a significant averaged approximately $4.7 million generally, about 4 or 5 percent of all economic impact on a substantial (not discounted) in 2006. One percent of post-accident testing qualifying events number of small entities. FRA invited involve a small railroad. For example, in that average annual revenue per small all interested parties to submit data and 2011 with a total of 87 post-accident railroad is $47,000. FRA realizes that information regarding the potential testing events, four implicated Class III some railroads will have a lower economic impact that will result from railroads. Similarly, in 2010, 85 post- revenue than $4.7 million. However, adoption of the proposals in the NPRM. accident testing events involved four FRA estimates that small railroads will FRA did not receive any comments Class III railroads. not have any additional expenses over concerning this certification in the This final rule does not increase costs the next ten years to comply with the public comment process. for small railroads. The cost for testing new requirements in this final additional drugs will be paid by the regulation. Based on this, FRA Paperwork Reduction Act FRA through existing contracts. concludes that the expected burden of Railroads will follow the same this final rule will not have a significant The information collection collection and shipping process for impact on the competitive position of requirements in this rule are being urine and blood samples that is small entities, or on the small entity submitted for approval to the Office of currently in place. Results originating segment of the railroad industry as a Management and Budget (OMB) under from this regulatory change will only be whole. the Paperwork Reduction Act of 1995, used by FRA for research and 44 U.S.C. 3501 et seq. The section that investigation purposes only and will not Substantial Number Criteria contains the revised information be shared with external entities. This final rule will likely burden all collection requirement and the Therefore, in the eventuality that an small railroads that are not exempt from estimated time to fulfill that employee from a small railroad is found its scope or application (See 49 CFR requirement is as follows:

Total CFR Section Respondent annual Average time per Total annual universe responses response burden hours

219.211—Analysis and Follow-up—Reports of Positive Post-Acci- 698 railroads ..... 16 reports + 16 15 minutes + 5 5 dent Toxicological Test (Controlled Substances) to Medical Re- report copies. minutes. view Officer and Employee (Revised Requirement).

All estimates include the time for technology, may be minimized. For requirements contained in this rule reviewing instructions; searching information or a copy of the paperwork between 30 and 60 days after existing data sources; gathering or package submitted to OMB, contact Mr. publication of this document in the maintaining the needed data; and Robert Brogan, Information Clearance Federal Register. Therefore, a comment reviewing the information. Pursuant to Officer, at 202–493–6292, or Ms. to OMB is best assured of having its full 44 U.S.C. 3506(c)(2)(B), FRA solicits Kimberly Toone at 202–493–6132. effect if OMB receives it within 30 days comments concerning: whether these Organizations and individuals of publication. information collection requirements are desiring to submit comments on the FRA is not authorized to impose a necessary for the proper performance of collection of information requirements penalty on persons for violating the functions of FRA, including whether should direct them to Mr. Robert Brogan information collection requirements the information has practical utility; the or Ms. Kimberly Toone, Federal which do not display a current OMB accuracy of FRA’s estimates of the Railroad Administration, 1200 New control number, if required. FRA burden of the information collection Jersey Avenue SE., 3rd Floor, intends to obtain current OMB control requirements; the quality, utility, and Washington, DC 20590. Comments may numbers for any new information clarity of the information to be also be submitted via email to Mr. collection requirements resulting from collected; and whether the burden of Brogan or Ms. Toone at the following this rulemaking action prior to the collection of information on those who address: [email protected]; effective date of the final rule. The OMB are to respond, including through the [email protected]. control number, when assigned, will be use of automated collection techniques OMB is required to make a decision announced by separate notice in the or other forms of information concerning the collection of information Federal Register.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14224 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

Federalism Implications security hazard’’ exception to section rulemaking, and notices of proposed Executive Order 13132, ‘‘Federalism’’ 20106. rulemaking: (1)(i) That is a significant regulatory action under Executive Order (64 FR 43255, Aug. 4, 1999), requires Environmental Impact FRA to develop an accountable process 12866 or any successor order, and (ii) is FRA has evaluated this final rule in to ensure ‘‘meaningful and timely input likely to have a significant adverse effect accordance with its ‘‘Procedures for on the supply, distribution, or use of by State and local officials in the Considering Environmental Impacts’’ development of regulatory policies that energy; or (2) that is designated by the (‘‘FRA’s Procedures’’) (64 FR 28545, Administrator of the Office of have federalism implications.’’ ‘‘Policies May 26, 1999) as required by the that have federalism implications’’ are Information and Regulatory Affairs as a National Environmental Policy Act (42 significant energy action. FRA has defined in the Executive Order to U.S.C. 4321 et seq.), other include regulations that have evaluated this final rule in accordance environmental statutes, Executive with Executive Order 13211, and ‘‘substantial direct effects on the States, Orders, and related regulatory on the relationship between the national determined that it is not a ‘‘significant requirements. FRA has determined that regulatory action’’ likely to have a government and the States, or on the this final rule is not a major FRA action distribution of power and significant adverse effect on the supply, (requiring the preparation of an distribution, or use of energy. responsibilities among the various environmental impact statement or levels of government.’’ Under Executive environmental assessment) because it is Privacy Act Order 13132, the agency may not issue categorically excluded from detailed a regulation with federalism Anyone is able to search the environmental review pursuant to electronic form of any comments or implications that imposes substantial section 4(c)(20) of FRA’s Procedures. In direct compliance costs and that is not other written communications received accordance with section 4(c) and (e) of into any of FRA’s dockets, by the name required by statute, unless the Federal FRA’s Procedures, the agency has government provides the funds of the individual submitting the further concluded that no extraordinary comment or other written necessary to pay the direct compliance circumstances exist with respect to this costs incurred by State and local communication (or signing the comment regulation that might trigger the need for or other written communication, if governments, or the agency consults a more detailed environmental review. with State and local government submitted on behalf of an association, As a result, FRA finds that this final rule business, labor union, etc.). See http:// officials early in the process of is not a major Federal action developing the regulation. Where a www.regulations.gov/#!privacyNotice significantly affecting the quality of the for the privacy notice of regulations.gov, regulation has federalism implications human environment. and preempts State law, the agency or you may review DOT’s complete seeks to consult with State and local Unfunded Mandates Reform Act of Privacy Act Statement in the Federal officials in the process of developing the 1995 Register published on April 11, 2000 regulation. FRA has analyzed this final The Unfunded Mandates Reform Act (65 FR 19477). rule in accordance with the principles of 1995 (Pub. L. 104–4, 2 U.S.C. 1531) List of Subjects in 49 CFR Part 219 and criteria contained in Executive requires agencies to prepare a written Alcohol abuse, Drug abuse, Drug Order 13132. FRA believes this final assessment of the costs, benefits, and testing, Penalties, Railroad safety, rule it is in compliance with Executive other effects of proposed or final rules Reporting and recordkeeping Order 13132. that include a Federal mandate likely to requirements, Safety, Transportation. This final rule will not have a result in the expenditures by State, local substantial effect on the States, on the or tribal governments, in the aggregate, The Rule relationship between the Federal or by the private sector, of more than For the reasons stated above, FRA government and the States, or on the $100 million annually (adjusted amends part 219 of chapter II, subtitle distribution of power and annually for inflation with base year of B of title 49, Code of Federal responsibilities among the various 1995). The value equivalent of $100 Regulations, as follows: levels of government. In addition, this million in CY 1950, adjusted annually final rule will not have any federalism for inflation to CY 2008 levels by the PART 219—[AMENDED] implications that impose substantial Consumer Price Index for All Urban direct compliance costs on State and Consumers (CPI–U) is $141.3 million. ■ 1. The authority citation for part 219 local governments. This assessment may be included in is revised to read as follows: This final will have preemptive effect conjunction with other assessments, as Authority: 49 U.S.C. 20102–20103, 20107, by operation of law under certain it is here. This final rule will not create provisions of the Federal railroad safety 20140, 21301, 21304, 21311; 28 U.S.C. 2461, an unfunded mandate in excess of the note; and 49 CFR 1.89. statutes, specifically the former Federal threshold amount. Rail Safety Act (FRSA), repealed and ■ 2. Amend § 219.5 by adding a recodified at 49 U.S.C 20106. The Energy Impact definition of Non-controlled substance former FRSA provides that States may Executive Order 13211 requires to read as follows: not adopt or continue in effect any law, Federal agencies to prepare a Statement § 219.5 Definitions. regulation, or order related to railroad of Energy Effects for any ‘‘significant safety or security that covers the subject energy action.’’ 66 FR 28355 (May 22, * * * * * matter of a regulation prescribed or 2001). Under the Executive Order, a Non-controlled substance means any order issued by the Secretary of ‘‘significant energy action’’ is defined as substance (including prescription Transportation (with respect to railroad any action by an agency (normally medications, over-the-counter products, safety matters) or the Secretary of published in the Federal Register) that dietary supplements, and herbal Homeland Security (with respect to promulgates or is expected to lead to the preparations) which is not currently railroad security matters), except when promulgation of a final rule or regulated under 21 U.S.C. 801–971 or 21 the State law, regulation, or order regulation, including notices of inquiry, CFR part 1308. qualifies under the ‘‘local safety or advance notices of proposed * * * * *

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14225

§ 219.13 [Removed and Reserved] Appendix B to Part 219—Designation of FOR FURTHER INFORMATION CONTACT: Rich Laboratory for Post-Accident Malinowski, telephone: 727–824–5305, ■ 3. Remove and reserve § 219.13. Toxicological Testing or email: [email protected]. ■ 4. Revise § 219.17 to read as follows: The following laboratory is currently SUPPLEMENTARY INFORMATION: The reef § 219.17 Construction. designated to conduct post-accident fish fishery of the Gulf is managed toxicological analysis under subpart C of this under the Fishery Management Plan for Nothing in this part— part: Quest Diagnostics, 1777 Montreal Reef Fish Resources of the Gulf (FMP). (a) Restricts the power of FRA to Circle, Tucker, GA 30084, Telephone: (800) The FMP was prepared by the Gulf conduct investigations under sections 729–6432. Fishery Management Council and is 20107, 20108, 20111, and 20112 of title Issued in Washington, DC, on February 26, implemented under the authority of the 49, United States Code; 2013. Magnuson-Stevens Fishery (b) Creates a private right of action on Joseph C. Szabo, Conservation and Management Act the part of any person for enforcement Administrator. (Magnuson-Stevens Act) by regulations of the provisions of this part or for [FR Doc. 2013–05010 Filed 3–4–13; 8:45 am] at 50 CFR part 622. All gray triggerfish weights discussed in this temporary rule damages resulting from noncompliance BILLING CODE 4910–06–P with this part; or are in round weight. (c) Impacts provisions of State Background criminal law that impose sanctions for DEPARTMENT OF COMMERCE The reauthorization of the Magnuson- reckless conduct that leads to actual loss Stevens Act implemented new of life, injury or damage to property, National Oceanic and Atmospheric requirements that ACLs and AMs be whether such provisions apply Administration established to end overfishing and specifically to railroad employees or prevent overfishing from occurring. generally to the public at large. 50 CFR Part 622 Accountability measures are ■ 5. Amend § 219.211 by revising management controls to prevent ACLs paragraph (a), the first sentence of [Docket No. 120417412–2412–01] from being exceeded, and correct or mitigate overages of the ACL if they paragraph (b), and paragraph (f)(2) to RIN 0648–XC510 read as follows: occur. Section 303(a)(15) of the Magnuson-Stevens Act mandates the § 219.211 Analysis and follow-up. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of establishment of ACLs at a level such (a) The laboratory designated in Mexico Reef Fish Fishery; 2013 that overfishing does not occur in the appendix B to this part undertakes Accountability Measure for Gulf of fishery, including measures to ensure prompt analysis of provided under this Mexico Commercial Gray Triggerfish accountability. subpart, consistent with the need to On July 3, 2008, NMFS issued a final develop all relevant information and AGENCY: National Marine Fisheries rule (73 FR 38139) to implement produce a complete report. Specimens Service (NMFS), National Oceanic and Amendment 30A to the FMP. In part, are analyzed for alcohol, controlled Atmospheric Administration (NOAA), Amendment 30A established substances, and non-controlled Commerce. commercial ACLs, commercial quotas substances specified by FRA under ACTION: Temporary rule; accountability (which were set lower than the ACLs to protocols specified by FRA. These measures. account for management uncertainty) substances may be tested for in any and commercial AMs that would go into form, whether naturally or synthetically SUMMARY: NMFS implements an effect if the commercial quotas for gray derived. Specimens may be analyzed for accountability measure (AM) for triggerfish are reached or the ACLs are other impairing substances specified by commercial gray triggerfish in the Gulf exceeded. In accordance with FRA as necessary to the particular of Mexico (Gulf) reef fish fishery for the regulations at 50 CFR 622.49(a)(2)(i), accident investigation. 2013 fishing year through this when the applicable quota is reached, or temporary final rule. This temporary projected to be reached, the Assistant (b) Results of post-accident Administrator for Fisheries, NOAA, toxicological testing for controlled rule reduces the Gulf gray triggerfish 2013 commercial annual catch target (AA), will file a notification with the substances conducted under this Office of the Federal Register to close subpart are reported to the railroad’s (ACT) (equal to the commercial quota) to 51,602 lb (23,406 kg), based on the the sector for the remainder of the Medical Review Officer and the fishing year. If despite such closure, employee. * * * 2012 commercial annual catch limit (ACL) overage. This action is necessary landings exceed the ACL, the AA will * * * * * to reduce overfishing of the gray reduce the quota the year following an (f) * * * triggerfish resource in the Gulf of overage by the amount of the ACL (2) With the exception of post- Mexico. overage of the prior fishing year. accident test results for non-controlled The Council requested and NMFS DATES: This rule is effective March 5, implemented a temporary rule to, in substances, the toxicology report is a 2013, through December 31, 2013. part of the report of the accident/ part, reduce the gray triggerfish ADDRESSES: incident and therefore subject to the Electronic copies of the commercial ACLs and ACTs (equal to limitation of 49 U.S.C. 20903 final rule for Amendment 30A, the the commercial quotas) (77 FR 28308, (prohibiting use of the report for any temporary rule and associated May 14, 2012). The gray triggerfish purpose in a civil action for damages environmental assessment (EA) for gray commercial sector AMs state that, in resulting from a matter mentioned in the triggerfish interim measures, and other accordance with regulations at 50 CFR report). supporting documentation may be 622.49(a)(17)(i), when the applicable obtained from Rich Malinowski, NMFS, commercial ACT (commercial quota) is * * * * * Southeast Regional Office, 263 13th reached, or projected to be reached, the ■ 6. Revise Appendix B to part 219 to Avenue South, St. Petersburg, FL 33701; AA will file a notification with the read as follows: telephone: 727–824–5305. Office of the Federal Register to close

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14226 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

the sector for the remainder of the Amendment 30A and the temporary exemption from current regulations and fishing year. If despite such closure, rule for interim measures were already is intended to allow sector vessels the landings exceed the ACL, the AA will subject to notice and comment. opportunity to increase redfish harvest reduce the commercial ACT Therefore, all that remains is to notify and subsequent profitability, above (commercial quota) the year following the public of the reduced 2013 what is already being harvested. an overage by the amount of the ACL commercial ACT (commercial quota) for DATES: Effective February 28, 2013, until overage of the prior fishing year. These Gulf gray triggerfish. April 30, 2013. interim measures were extended Additionally, prior notice and ADDRESSES: A copy of the through May 15, 2013, to allow for the opportunity for public comment would accompanying environmental development and implementation of be contrary to the public interest. Given assessment (EA) and supplement and permanent measures through the ability of the commercial sector to the draft of Component 2 of the Amendment 37 to the FMP (77 FR rapidly harvest fishery resources, there REDNET project are available from the 67303, November 9, 2012). is a need to immediately implement the NMFS Northeast Regional Office: John reduced commercial ACT (commercial Management Measures Contained in K. Bullard, Regional Administrator, quota) for the 2013 fishing year. Taking This Temporary Rule National Marine Fisheries Service, 55 time to provide prior notice and Great Republic Drive, Gloucester, MA In 2012, the commercial sector for opportunity for public comment creates 01930. These documents are also gray triggerfish exceeded the 64,100 lb a higher likelihood of the reduced accessible via the Federal eRulemaking (28,845 kg) commercial ACL by 9,298 lb commercial ACT (commercial quota) Portal: http://www.regulations.gov. (4,218 kg). Therefore, NMFS reduces the and the commercial ACL being 2013 commercial ACT (commercial FOR FURTHER INFORMATION CONTACT: exceeded. William Whitmore, Fishery Policy quota) for gray triggerfish through this For the aforementioned reasons, the Analyst, phone (978) 281–9182, fax temporary rule. The 2013 commercial AA also finds good cause to waive the (978) 281–9135. ACT is set at 51,602 lb (23,406 kg). 30-day delay in the effectiveness of this SUPPLEMENTARY INFORMATION: Classification action under 5 U.S.C. 553(d)(3). Background The Regional Administrator, Authority: 16 U.S.C. 1801 et seq. Southeast Region, NMFS, has Dated: February 28, 2013. Regulations from Amendment 16 to determined this temporary rule is Kara Meckley, the Northeast (NE) Multispecies Fishery necessary for the conservation and Acting Deputy Director, Office of Sustainable Management Plan (FMP) allow a management of the Gulf gray triggerfish Fisheries, National Marine Fisheries Service. groundfish sector to request exemptions component of the Gulf reef fish fishery [FR Doc. 2013–05056 Filed 3–4–13; 8:45 am] from Federal fishing regulations through and is consistent with the Magnuson- BILLING CODE 3510–22–P its annual operations plan. Based on Stevens Act, the FMP, and other catch data from a collaborative research applicable laws. project, referred to as REDNET, several The temporary rule has been DEPARTMENT OF COMMERCE NE multispecies sectors submitted a determined to be not significant for regulatory exemption request to fish purposes of Executive Order 12866. National Oceanic and Atmospheric with 4.5-inch (11.4-cm) codend mesh These measures are exempt from the Administration when targeting Acadian redfish procedures of the Regulatory Flexibility (Sebastes fasciatus) in a portion of the Act because the temporary rule is issued 50 CFR Part 648 Gulf of Maine, east of the year-round without opportunity for prior notice and [Docket No. 120813331–3122–02] Western Gulf of Maine Closure Area. A comment. detailed explanation of the REDNET An EA was prepared for the interim RIN 0648–XC164 research project, sector exemption measures contained in the May 14, requests to target redfish, and the 2012, final temporary rule (77 FR Magnuson-Stevens Act Provisions; development of this particular 28308). The EA analyzed the impacts of Fisheries of the Northeastern United exemption request can be found in the reduced gray triggerfish harvest through States; Northeast Multispecies proposed rule for this action (77 FR the 2012 fishing year, including the Fishery; Sector Exemptions; Final Rule 66947; November 8, 2012). Those details impacts related to the interim rule Implementing a Targeted Acadian are not repeated here. extension (77 FR 28308, November 12, Redfish Fishery for Sector Vessels Regulatory exemption requests are 2012). Copies of the EA are available AGENCY: National Marine Fisheries normally proposed, reviewed, and from NMFS (see ADDRESSES). Service (NMFS), National Oceanic and approved through the final rule Pursuant to 5 U.S.C. 553(b)(B), there Atmospheric Administration (NOAA), implementing the annual sector is good cause to waive the requirements Commerce. operations plans. However, sectors can to provide prior notice and opportunity ACTION: Final rule. request exemptions at any time within for public comment on this temporary the fishing year (for a more detailed rule. Such procedures are unnecessary SUMMARY: This action expands on a explanation of the sector exemption because the AMs (established by previously approved sector exemption request process and current sector Amendment 30A), and the commercial by allowing groundfish sector trawl exemptions, see 77 FR 8780; February ACT and commercial ACL vessels to harvest redfish using nets 15, 2012). The New England Fishery (implemented by the temporary rule for with codend mesh as small as 4.5 inches Management Council (Council) has interim measures), all located at 50 CFR (11.4 cm). In addition, this action allows requested that we pursue exemptions 622.49(a), authorize the AA to file a sectors to develop an industry-funded allowing sector vessels to more notification with the Office of the at-sea monitoring program for sector efficiently target redfish, and the Federal Register to reduce the trips targeting redfish with trawl nets Council’s Research Steering Committee commercial ACT (commercial quota) the with mesh sizes that are less than the has endorsed the approval of a 4.5-inch following fishing year if a commercial regulated mesh size requirement. This (11.4-cm) mesh exemption. Because of ACL overage occurs. The final rule for action is necessary to expand an this, we proposed a 4.5-inch (11.4-cm)

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14227

codend trawl mesh exemption for inch (15.2-cm) codend mesh exemption summarizing the key events for this potential mid-year implementation. All for trips targeting redfish, which is action. measures that were proposed for this currently approved for fishing year exemption are also extended to the 6- 2012. Table 1 below provides a timeline

TABLE 1—TIMELINE OF TARGETED REDFISH FISHERY DEVELOPMENT

December 1, 2011 ...... The Sustainable Harvest Sector and Northeast Fishery Sectors submit an exemption request to use codend mesh as small as 4.5-inches (11.4 cm) to target redfish. December 21, 2011 ...... NMFS informs the requesting sectors that the exemption request was submitted too late to be considered for ap- proval by May 1, 2012, the start of fishing year 2012. February 1, 2012 ...... Preliminary findings from Component 2 (of 6) of the REDNET report are presented to the Council. February 7, 2012 ...... The Council requests NMFS expedite approval of a sector exemption to target redfish. April 2012 ...... A draft of Component 2 (of 6) of the REDNET report is completed. May 21, 2012 ...... NMFS requests the Council’s Research Steering Committee to review the draft REDNET report. June 25, 2012 ...... After reviewing the catch data (including discards) presented in the draft REDNET report, the Research Steering Committee recommends that an exemption allowing vessels to use 4.5-inch (11.4-cm) mesh codend to target redfish be approved annually based on catch information from the previous year. November 8, 2012 ...... NMFS publishes a proposed rule to implement a targeted Acadian redfish fishery.

Approved Measures Second, to help mitigate catches of sub- 1 month to correct the overage(s) (i.e., legal sized groundfish, total groundfish the sector must be completely compliant 1. Exemption From 6.5-Inch (16.5-cm) discards (including redfish discards), with the thresholds by the end of the Codend Mesh Size So Vessels Can may not exceed 5 percent of all ‘‘correcting’’ month). If after 1 month Target Redfish regulated groundfish caught monthly the sector has still exceeded either This final rule authorizes a regulatory when trawling with small-mesh nets. threshold, the exemption for that exemption for the remainder of fishing These thresholds were determined to be particular sector could be revoked by year 2012 that allows sector vessels to consistent with catch information from the Regional Administrator for the target redfish with codend mesh greater REDNET research trips. The initial remainder of the fishing year through a than or equal to 4.5 inches (11.4-cm) but findings from the REDNET project, notice published in the Federal less than 6.5 inches (16.5-cm) (the including catch data, were presented to Register. Because of these catch required minimum codend mesh size the Council and its Research Steering thresholds, a catch monitoring program, for the area fished). Committee, both which endorsed the and the requirement to submit a trip Requirements for Mesh Size Exemption report and encouraged NMFS to start hail, sector vessels are no longer Use approve an exemption which would required to submit daily catch reports allow redfish to be targeted with smaller when utilizing either this or the existing Sectors that intend to use this mesh. A presentation on the proposed 6.0-inch (15.2-cm) codend mesh exemption must notify NMFS and rule, including the thresholds, was also exemption for redfish. The reporting receive amended letters of authorization given to the Council’s Groundfish mechanisms used for submitting catch prior to fishing. To aid in identifying Committee on December 19, 2012. Catch data may be adjusted at any time if trips targeting redfish with small-mesh data recorded by the observer or at-sea deemed necessary by the Regional nets, sector vessels intending to utilize this exemption are required to submit a monitor will be used to monitor these Administrator. trip start hail identifying the trip as one thresholds. The Regional Administrator In addition, the Regional that will target redfish under the retains the authority to further adjust Administrator reserves the right to exemption. In addition, all sector trawl these two thresholds, if necessary, to revoke this exemption on determining vessels that intend to target redfish with help ensure that vessels are directing on that the exemption is negatively codend mesh less than 6.5 inches (16.5- redfish and catching minimal amounts impacting spawning fish, rebuilding cm) are required to have an observer or of undersized groundfish. efforts for any groundfish stock, or at-sea monitor on board. Mesh sizes are Mesh Exemption Revocation populations of stocks that the current measured as described at 50 CFR minimum codend mesh size of 6.5 648.80(f). An interim reporting process is being inches (16.5-cm) was intended to developed to monitor catch under this protect. Mesh Exemption Performance exemption. Sector catch utilizing this Use of Multiple Mesh Sizes Monitoring Requirements exemption will be analyzed on a To ensure that this exemption does calendar monthly basis with a We specifically requested public not negatively impact fish stocks, we cumulative calculation throughout the comment on whether vessels requesting have established two catch thresholds fishing year. For example, if a sector this exemption should be allowed to that, if exceeded by a sector, could discards 2 lb (0.91 kg) out of 100 lb fish with both exempted small mesh result in the NMFS Northeast Regional (45.36 kg) of regulated groundfish and regulated codend mesh nets for Administrator rescinding the approval caught (catch includes landings and other groundfish stocks on the same trip of this exemption for the sector in discards) in month one, and 6 lb (2.72 citing concern that some requirements question. First, to help ensure that kg) out of 200 lb (90.72 kg) of regulated could be circumvented. For example, vessels do not direct on other species of groundfish in month two, the sector because monitors do not observe every fish, monthly catch amounts of would have cumulatively discarded 8 lb haul (fishing operations may occur regulated groundfish (both landings and (3.63 kg) out of 300 lb (136.08 kg), or while monitors are sleeping), exact discards) when trawling small mesh 2.67 percent. If a sector exceeds either catch from these hauls cannot be under this exemption must be the 80 percent redfish threshold or 5 identified and included in catch comprised of at least 80 percent redfish. percent discard threshold, it would have thresholds.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14228 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

This action allows vessels to fish with will be included as an addendum to the comments addressed more specific multiple mesh sizes while fishing on a sector’s operations plan. issues discussed below. trip targeting redfish with small mesh. Comment 1: The Council, Associated Pre-Trip Notification While Using As stated in the proposed rule, if the Fisheries of Maine, State of Maine, and Industry-Funded Monitors majority of hauls are not observed, the Northeast Sector Service Network Regional Administrator could revoke A vessel fishing with an industry- commented that vessels should be the exemption. Vessels not fishing funded at-sea monitor must notify provided the flexibility to use multiple under an exempted redfish trip remain NMFS at least 48 hours in advance of meshes on trips targeting redfish with subject to the minimum mesh size taking an exempted small-mesh trip 100-percent observer coverage. They requirements specified in the targeting redfish. Instead of calling into also clarified that vessels should not regulations. the Pre-Trip Notification System have mesh of less than 6 inches (15.2 currently established for sector vessels, cm) on board if not declared on an Discard Rate for Exempted and Non- the vessel will call into a separate exempted redfish trip. Exempted Trips system. Call-in information will be Response: We agree that this option All exempted small-mesh redfish trips provided to the sector vessels utilizing would provide additional flexibility to will be observed and discard estimates the exemption upon implementation of fishermen. Each trip using the mesh-size on observed hauls will be used to the program. exemption to target redfish will have an calculate discards of unobserved observer or at-sea monitor onboard the Industry-Funded Program Participation hauls—a total amount of discards will vessel which helps alleviate some then be derived for the entire trip. All We proposed that all vessels enrolled concerns raised by opponents of groundfish catch from a declared small- in a sector with an approved industry- allowing the use of multiple mesh sizes. mesh exempted redfish trip will be funded program would forfeit the Because all redfish trips will have an debited against the sector’s allocation. opportunity to have a randomly observer or at-sea monitor on board, and No catch from small-mesh exempted assigned federally funded observer or at- the need for additional flexibility, we redfish trips (even catch from mesh sea monitor. We also proposed that any are allowing vessels to fish multiple greater than 6.5 inches (16.5-cm)) will vessel in a sector that has an approved mesh sizes on these trips. We also agree be factored into a sector’s overall industry-funded program and elects to that sector vessels cannot have mesh discard rate because targeted redfish target redfish under the exemption less than the regulated minimum mesh trips may exhibit different behavior would be required to pay for at-sea size requirement on board unless fishing and/or catch rates. monitoring coverage for that redfish under the small-mesh redfish exemption trip. However, based on comments or unless otherwise exempted. 2. Request To Develop Industry-Funded received, this final rule allows sectors to Comment 2: The Council, Associated At-Sea Monitoring Programs for Trips propose industry-funded at-sea Fisheries of Maine, State of Maine, and Targeting Redfish monitoring programs that apply only to Northeast Sector Service Network As previously outlined, any sector specific vessels within a sector. Vessels suggested that sectors be permitted to vessel targeting redfish under a mesh that intend to fish with industry-funded allow a subset of their membership to size exemption is required to have an at-sea monitors must be identified in the participate in an industry-funded at-sea observer or at-sea monitor on board. sector’s monitoring plan. Identified monitoring program, instead of Some sectors are concerned that vessels vessels may not opt-out of the industry- requiring all members of a sector to may lose flexibility if they have to wait funded program until the following participate in that program. to be randomly selected for a federally- fishing year. While identified vessels Response: We initially proposed that funded observer or at-sea monitor may still be selected for random all sector members would have to through the existing monitoring observer or at-sea monitoring coverage participate in an industry-funded at-sea programs. Several sectors asked to work when not targeting redfish under this monitoring program submitted by a with us to develop an industry-funded exemption, these vessels may not fish sector for trips targeting redfish because at-sea monitoring program to avoid under this exemption with a randomly we felt it would be easier to implement delays while waiting for random selected observer or at-sea monitor. All and enforce. However, several monitoring selection. We have other vessels in the sector may only comments indicated that not all sector determined that we can support a small- participate in the exempted small-mesh members who wished to target redfish scale industry-funded program. fishery if their trip is selected for wanted to pay for additional coverage. Limitations to the size of the program random observer or at-sea monitoring We understand that the cost of requiring are due to a limited pool of available coverage. all members of a sector to participate in observers and at-sea monitors. an industry-funded at-sea monitoring Comments and Responses program as proposed for this exemption Industry-Funded Monitoring Program Ten public comments were received, could prevent a sector from being able Plan Approval seven of which are relevant to this to develop and fund their own at-sea Four sectors (26 vessels) have action. Comments that were similar monitoring program. Therefore, this expressed interest in funding additional were combined and all relevant final rule allows a subset of sector at-sea monitoring coverage for exempted comments are responded to below. members to participate in an industry- trips targeting redfish. Any sector Comments submitted by the Council, funded at-sea monitoring program for interested in developing an industry- Associated Fisheries of Maine, Maine trips targeting redfish under this funded at-sea monitoring program will Coast Fishermen’s Association, State of exemption instead of requiring all be required to develop a monitoring Maine, and Northeast Sector Service members of a sector to participate in plan as part of its operation plan to be Network all supported allowing vessels that program, as explained in the approved by NMFS. If NMFS to target redfish with smaller mesh. The preamble of this rule. determines the plan is sufficient, NMFS Pew Environment Group opposes the Comment 3: Associated Fisheries of will approve it along with the rest of the exemption. A coordinator for the Maine and the Northeast Sector Service sector’s operations plan. For fishing year REDNET project provided a clarification Network argued that requiring industry 2012, any approved monitoring program on the proposed rule. Several of the to fund all at-sea monitoring coverage

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14229

for purposes of utilizing the small mesh trip targeting redfish under this proposed rule incorrectly stated that the redfish exemption is inconsistent with exemption was assigned an at-sea ‘‘final’’ report for Component 2 of the Amendment 16. They cited Amendment monitor or observer, it would be highly REDNET project was available for 16, which states that ‘‘[t]he industry- likely that they would take a trip under public review, when in fact it was a funded observer or at-sea monitor the redfish exemption, thus biasing the ‘‘draft’’ report. program will not replace the NMFS nature of the trips on which observer Response: This clarification is correct. Observer Program. In the event a NMFS coverage was provided. In the proposed The report available for public review observer and a third party observer or rule, and as now approved in this final was a ‘‘draft’’ report. The ‘‘final’’ at-sea monitor is assigned to the same rule, we reduced this bias by prohibiting REDNET report was submitted to NMFS trip, the NMFS observer will take vessels that participate in a voluntary on January 23, 2013, and is currently precedence and the third party observer industry-funded at-sea monitoring under review. However, the catch data or at-sea monitor will stand down.’’ program from fishing under this (landings and discards) from the Response: While the comment is exemption on trips where they are REDNET project, which NMFS relied on unclear on this point, it appears that the randomly assigned a federally-funded to approve this exemption, is the same commenters believe that vessels observer or at-sea monitor. It should be in both the final and draft report. The participating in an industry-funded at- noted that we are carefully evaluating draft report was subject to the Council’s sea monitoring program should be able this bias for sector exemptions that are and public’s review. Further, there were to first call into the Pre-Trip Notification being requested for fishing year 2013. no changes to the draft version that System (PTNS) and have the Finally, this comment suggests that substantially affect anything in this rule. opportunity to receive a federally- vessels participating in an industry- The final report added analyses on tow funded NEFOP observer or at-sea funded at-sea monitoring program as information and length/frequency monitor. Their position, however, is not approved in this rule have some type of distributions at particular depths. We supported by the quoted language from right to request and potentially receive continue to believe that the results from Amendment 16, which is taken out of a NMFS observer. On the contrary, this Component 2 of the REDNET project context. As described in Amendment action approves a voluntary sector support the careful development of a 16, NMFS annually establishes a exemption for vessels that receive targeted redfish fishery. minimum amount of at-sea monitoring random observer or at-sea monitoring Comment 6: The Pew Environment coverage that is necessary for coverage and an additional voluntary Group expressed serious concerns with monitoring bycatch by all vessels in the industry-funded at-sea monitoring the exemption as currently proposed. groundfish fishery. Amendment 16 also program. In either circumstance, the Pew opposes allowing bottom trawl stated that each sector would develop exemption requires accepting several vessels to target redfish with smaller an at-sea monitoring plan to monitor accompanying contingencies (e.g., catch mesh and suggests that smaller fish will bycatch across the fishery, and industry thresholds, monitoring requirements, be caught with smaller mesh. Pew cited would pay for all of that at-sea etc.). If a vessel or sector is unwilling to particular concerns with this exemption monitoring by fishing year 2012. It was participate in an industry-funded at-sea due to prior stock depletion as well as thus in the context of monitoring monitoring program, then a vessel must the slow growth and long life span of bycatch across the groundfish fishery wait to be selected for random coverage. redfish. Pew also noted that additional that Amendment 16 explained that in Or, if a vessel or sector is unwilling to analyses are necessary before they could the instance where an industry-funded participate in an industry funded at-sea support a ‘‘directed fishery’’ for redfish, at-sea monitor and Federal observer monitoring program and accept the the results of which may warrant an were assigned to the same trip, the at- other contingencies, it can choose not to environmental impact statement (EIS). sea monitor would ‘‘stand down.’’ The fish for redfish under the exemption. Response: While we understand language cited in the comment above Comment 4: Associated Fisheries of Pew’s concerns with the exemption, we was included in Amendment 16 as a Maine and the Northeast Sector Service do not agree with their comments for way to acknowledge that some trips Network expressed concern that if the several reasons. First, redfish are not would be selected for coverage by the redfish exemption trips are monitored overfished or subject to overfishing—the NMFS Observer Program and industry only by the industry-funded program, stock is one of the healthiest groundfish would not be responsible for costs they would never be monitored by the stocks. Most of the redfish allocation associated with those trips. more rigorous Northeast Fishery has recently gone unharvested; in Furthermore, prohibiting vessels Observer Program (NEFOP) protocol. fishing year 2010, only 31 percent of the participating in an industry-funded While the comment is unclear on this allocation was harvested, and only 36 program from calling into the PTNS point, it appears that the commenters percent was harvested in 2011. The system and fishing under the exemption are concerned that the protocols Magnuson-Stevens Act encourages with a federally-funded observer or at- followed by at-sea monitors will not be fishing at maximum sustainable levels. sea monitor is necessary to reduce sufficient to ensure compliance with the It should be noted that redfish growth potential bias in data collected by the small mesh redfish exemption. characteristics, such as growth rates and NMFS observer program. Sectors Response: NMFS-certified at-sea life spans, are considered when annual originally requested that vessels in an monitors record all the catch allocations are established. industry-funded at-sea monitoring information necessary to adequately Second, the REDNET research shows program have the opportunity to receive monitor the exemption’s measures, as that smaller mesh can be used to target a federally-funded at-sea monitor or approved. While NEFOP Observers redfish without resulting in increased observer prior to having to contract and gather additional data not collected by catches of juvenile fish. Importantly, pay for their own at-sea monitor at-sea monitors, much of it is data on because we recognize that these results coverage in order to take advantage of gear and fishing practices that are not are just from one study, we are requiring the small-mesh exemption. We had relevant to monitoring the catch a bycatch threshold to further prevent concerns about this approach because thresholds critical to approving this increased catches of juvenile redfish we believed that it could bias the exemption. and other groundfish while fishing with federally-funded coverage. Essentially, Comment 5: A coordinator for the smaller mesh under this exemption. All any time a vessel interested in taking a REDNET project commented that the trips targeting redfish will be monitored

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14230 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

by an observer or at-sea monitor and percent of all groundfish caught when DEPARTMENT OF COMMERCE will provide additional beneficial data directing on redfish with small-mesh to increase our understanding of the nets.’’ This requirement was incorrectly National Oceanic and Atmospheric fishery and allow us to closely monitor stated in the proposed rule. Catch from Administration this exemption. the REDNET research project Third, measures in this action have demonstrated that vessels discarded less 50 CFR Part 648 been adequately analyzed in several than 5 percent of all groundfish caught [Docket No. 121128658–3161–02] environmental assessments. The (including redfish). A clarification was environmental assessment for published in the Federal Register on RIN 0648–BC72 Framework Adjustment 47 analyzed January 10, 2012 (78 FR 2249), with an allocations based on stock assessments Fisheries of the Northeastern United that use the best available science, are additional 15-day period to comment on States; Atlantic Mackerel, Squid, and subject to peer review, and include this clarification. No comments on this Butterfish Fisheries; Framework consideration of the growth rates and clarification were received. Redfish Adjustment 7 lifespan of redfish and other groundfish discards will be included in the discard AGENCY: species. Importantly, this action only threshold as intended and as stated in National Marine Fisheries allows sector vessels an increased the EA completed for this action. Not Service (NMFS), National Oceanic and opportunity to harvest more of their incorporating discards of juvenile Atmospheric Administration (NOAA), allocation, which has previously been redfish could jeopardize the health of Commerce. underharvested. The environmental the stock. ACTION: Final rule. impacts of sectors receiving an SUMMARY: allocation and fishing under regulatory Classification NMFS is changing the butterfish mortality cap on the longfin exemptions for fishing year 2012 are The Administrator, Northeast Region, further analyzed in the Environmental squid fishery from a catch cap to a NMFS, has determined that this rule is discard cap as a result of its approval of Assessment for Fishing Year 2012 consistent with the NE Multispecies Sector Operations Plans and Contracts, Framework Adjustment 7 to the Atlantic FMP, other provisions of the Magnuson- which also tiers off the assessment for Mackerel, Squid, and Butterfish Fishery Stevens Act, and other applicable law. Framework Adjustment 47. Management Plan. This action also The environmental impacts specific to This action is exempt from review reduces the butterfish mortality cap for this action are analyzed in a under Executive Order (E.O.) 12866. the 2013 fishing year by 13 percent (from 4,477 mt to 3,884 mt) to exclude Supplemental Environmental Pursuant to the Regulatory Flexibility Assessment for Fishing Year 2012 butterfish landings that were previously Act, 5 U.S.C. 605(b), the Chief Council included in the butterfish mortality cap Sector Operations Plans and Contracts. for Regulation of the Department of This assessment included a review of allocation. The adjustment will Commerce certified to the Chief Council the REDNET study, which showed no maintain the intended function of the for Advocacy of the Small Business increased catch of juvenile fish when butterfish mortality cap by continuing to fishing for redfish with 4.5 inch mesh Administration during the proposed limit butterfish discards in the longfin nets. Because the REDNET information rule stage that this action would not squid fishery while accommodating a shows no increased catch of juvenile have a significant economic impact on potential directed butterfish fishery fish, and there were no significant a substantial number of small entities. during the 2013 fishing year. impacts found in the EAs and The factual basis for the certification DATES: Effective March 5, 2013 through specifications that considered the was published in the proposed rule and December 31, 2013. impacts of fishing for the total is not repeated here. No comments were ADDRESSES: Copies of supporting allocation, an EIS is unnecessary. Last, received regarding this certification. As documents used by the Mid-Atlantic this action includes increased a result, a regulatory flexibility analysis Fishery Management Council (Council), monitoring, catch thresholds, and we was not required and none was including the Framework Document for have stated that we will revoke the prepared. Framework Adjustment 7, are available exemption if it is determined that Authority: 16 U.S.C. 1801 et seq. from: Dr. Christopher M. Moore, fishing for redfish with smaller mesh is Executive Director, Mid-Atlantic Dated: February 27, 2013. negatively impacting redfish or other Fishery Management Council, Suite 201, groundfish stocks. Alan D. Risenhoover, 800 N. State Street, Dover, DE 19901. Changes From the Proposed Rule Director, Office of Sustainable Fisheries, The Framework Document is also performing the functions and duties of the accessible via the Internet at http:// We had proposed that all vessels in a Deputy Assistant Administrator for www.nero.noaa.gov. sector be required to fund their own at- Regulatory Programs, National Marine sea monitoring coverage for trips Fisheries Service. FOR FURTHER INFORMATION CONTACT: targeting redfish under this exemption if [FR Doc. 2013–05044 Filed 2–28–13; 4:15 pm] Katherine Richardson, Policy Analyst, 978–675–2152, fax 978–281–9135. the sector elected to develop an BILLING CODE 3510–22–P industry-funded at-sea monitoring plan. SUPPLEMENTARY INFORMATION: The final rule changes this requirement Background so that a subset of sector members may participate in an industry-funded at-sea NMFS published a proposed rule for monitoring plan that is subject to Framework Adjustment 7 on December approval by NMFS. 13, 2012 (77 FR 74159). The proposed The November 8, 2012, proposed rule rule included additional background stated that ‘‘* * * to help mitigate information and detail on why and how catches of sub-legal sized groundfish, the Council developed Framework total groundfish discards (excluding Adjustment 7, which NMFS has not redfish discards) may not exceed 5 repeated in this rule.

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14231

NFMS implemented the butterfish mortality allocation will decrease, manner to avoid premature closure of mortality cap on the longfin squid NMFS expects the adjusted cap level to the longfin squid fishery constitutes fishery as part of Amendment 10 to the maintain overall butterfish mortality in good cause under 5 U.S.C. 553(d)(3) to Atlantic Mackerel, Squid, and Butterfish the longfin squid fishery. waive the 30-day delay in effective date. (MSB) Fishery Management Plan (FMP) The 2013 MSB Specifications allocated Changes From the Proposed Rule (75 FR 11441, March 11, 2010) as a a level of butterfish catch that may means of reducing fishing mortality to At the time the proposed rule for create enough butterfish market interest the butterfish stock. Butterfish discards Framework 7 published, NMFS had not to cause a directed butterfish fishery for in the longfin squid fishery account for yet finalized the butterfish mortality cap the first time in many years. This the largest source of butterfish fishing allocation for 2013. Final Research Set- directed fishery is expected to be of the mortality. The cap currently limits Aside (RSA) allocations for a given year greatest value in late winter. If directed butterfish catch (both landings and are typically not available until final butterfish fishing increases without the discards) on directed longfin squid specifications, and the exclusion of the measures included in this action, trips. The mortality cap accounts for final RSA allocation results in slight vessels that catch a high volume of fishery behavior in which fishermen decreases in a number of the specified butterfish on trips we determine to be discard most butterfish caught on a allocations for a given species. We have longfin squid trips (i.e., those trips that longfin squid trip and land only a small since finalized in the 2013 MSB also land more than 2,500 lb of longfin amount of butterfish, which has been Specifications and adjusted the squid), will cause the butterfish the case since 2002. In response to new butterfish mortality allocation from mortality cap in the longfin squid information that suggests increased 4,500 mt to 4,477 mt to account for fishery to be quickly harvested, butterfish abundance, the Council allocated butterfish RSA. resulting in a premature closure of the recommended and NMFS implemented The proposed rule included the 13- longfin squid fishery. Because the on January 16, 2013, (78 FR 3346) a percent reduction to the mortality cap measures in this action remove landed much higher butterfish quota for the using the cap specified prior to final butterfish from the calculation of the 2013 fishing year. The increased quota RSA allocation. For this final rule, we longfin squid butterfish mortality cap, will allow for a directed butterfish are adjusting the reduction of the these measures would prevent such an fishery for the first time in recent years. mortality cap to include the RSA early closure of the longfin squid NMFS currently calculates the allocation. Thus, the final rule for fishery. A premature closure of the butterfish mortality cap by extrapolating Framework 7 applies the 13-percent longfin squid fishery would be contrary the observed butterfish catch (landings discount to the butterfish mortality cap to the public interest because it would and discards) on longfin squid trips allocation presented in the final 2013 cause unnecessary and unjustifiable with an observer aboard to determine MSB Specifications (4,477 mt), which economic harm to fishery participants. the butterfish catch on all unobserved results in a 2013 butterfish mortality cap Failure to implement this rule longfin squid trips. The butterfish of 3,884 mt. immediately will undermine NMFS’ mortality cap calculations currently ability to accurately manage the include all trips that land greater than Comments and Responses butterfish resource by correctly or equal to 2,501 lb of longfin squid. NMFS received one comment on the estimating discards. This action has no With directed butterfish fishing, an proposed rule for Framework other impacts on the fishing industry or observed trip could land a very large Adjustment 7. The Garden State Seafood other members of the public, and thus, amount of butterfish and just enough Association (GSSA), a New Jersey-based the potential for closing the fishery longfin squid to qualify as a longfin commercial fishing industry group, during the normal 30-day delay in squid trip, and we would include it as commented in support for the action effectiveness would be contrary to a butterfish mortality cap trip. This and noted that it was consistent with public interest. Therefore, we are means that the cap estimation would the intent of Amendment 10 to limit waiving the delay in effectiveness so include a number of trips that are not butterfish discards and maintain the that the final rule may be effective upon truly targeting longfin squid. In order to butterfish cap within the longfin fishery, publication. Under MSA and other accommodate the directed butterfish while facilitating the directed butterfish applicable law requirements, we have fishery, Framework Adjustment 7 fishery in 2013. changes the butterfish mortality cap on Response: NMFS agrees that the proceeded expeditiously with this the longfin squid fishery from a catch measures in Framework 7 will still limit action and factors out of our control cap to a discard cap. If the Council butterfish discards in the longfin squid resulted in the delay beyond the specifies a butterfish quota that does not fishery. The measures implemented in implementation of the 2013 MSB accommodate a directed fishery in the 2013 MSB Specifications facilitate Specifications. future fishing years, it can change the the directed butterfish fishery, but this This rule has been determined to be butterfish discard cap to a catch cap as measure does allow additional landings not significant for purposes of Executive part of the specifications process. of butterfish while on a directed longfin Order 12866. This action also reduces the butterfish squid trip. The Chief Counsel for Regulation of mortality cap for the 2013 fishing year the Department of Commerce certified by 13 percent (from 4,477 mt to 3,884 Classification to the Chief Counsel for Advocacy of the mt) to exclude butterfish landings that Pursuant to section 304(b)(1)(A) of the Small Business Administration during were previously included in the Magnuson-Stevens Act, the NMFS the proposed rule stage that this action butterfish mortality cap allocation. Assistant Administrator has determined would not have a significant economic NMFS has based this reduction on year- that this final rule is consistent with the impact on a substantial number of small end butterfish mortality cap analyses for Atlantic Mackerel, Squid, and Butterfish entities. NMFS published the factual the 2011 fishing year, in which 13 FMP, other provision of the Magnuson- basis for this certification in the percent of butterfish catch in the cap Stevens Act, and other applicable law. proposed rule and has not repeated it was retained, and 87 percent of The Assistant Administrator for here. NMFS received no comments butterfish catch in the cap was Fisheries finds that the need to regarding this certification. As a result, discarded. Although the total butterfish implement these measures in a timely NMFS was not required to prepare a

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14232 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations

final regulatory flexibility analysis, and Dated: February 27, 2013 none has been prepared. Alan D. Risenhoover, Authority: 16 U.S.C. 1801 et seq. Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2013–05068 Filed 3–4–13; 8:45 am] BILLING CODE 3510–22–P

VerDate Mar<15>2010 13:43 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00078 Fmt 4700 Sfmt 9990 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES 14233

Proposed Rules Federal Register Vol. 78, No. 43

Tuesday, March 5, 2013

This section of the FEDERAL REGISTER • Email: [email protected]. Include Individual Retirement Record, the contains notices to the public of the proposed RIN number 3206–AM45 in the subject Electronic Retirement Record, and the issuance of rules and regulations. The line of the message. Retirement Data Repository. purpose of these notices is to give interested • Mail: John Panagakos, Retirement The proposed rule also revises persons an opportunity to participate in the Policy, Retirement Services, Office of language at § 850.106(a)(4) to clarify that rule making prior to the adoption of the final Personnel Management, 1900 E. Street rules. when there are regulatory requirements NW., Washington, DC 20415–3200. under CSRS, FERS, FEGLI, FEHB or FOR FURTHER INFORMATION CONTACT: RFEHB that require a signature be OFFICE OF PERSONNEL Roxann Johnson or Kristine Prentice, notarized, the notarization requirement MANAGEMENT (202) 606–0299. may be satisfied if the notary public or SUPPLEMENTARY INFORMATION: OPM other official’s signature is attached to, 5 CFR Part 850 proposes to amend part 850 of title 5, or logically associated with, all records RIN 3206–AM45 Code of Federal Regulations, by necessary to meet the prescribed updating the regulations previously regulations. Additionally, we have Electronic Retirement Processing published at 72 FR 73573 (December 28, added language in the proposed rule to 2007). OPM is proceeding with its clarify that a person making an AGENCY: Office of Personnel efforts to modernize its retirement electronic signature must be in the Management. processing systems and, therefore, is physical presence of a notary or other ACTION: Proposed rule. proposing these changes so that part 850 official. However, the proposed rule better reflects the automated systems would allow the Director to issue SUMMARY: Pursuant to the President’s OPM has developed and to afford directives allowing for virtual presence January 18, 2011, Executive Order if the procedures used by the notary or 13563—Improving Regulation and flexibility in developing and adopting automated technologies that improve official (such as audio-video Regulatory Review, published in the conferencing) have safeguards Federal Register, the Office of Personnel the quality and timeliness of retirement, health, and life insurance benefits equivalent to the physical presence of Management (OPM) undertook a review the person signing. of our regulations, to streamline and processing. To assist in meeting the ongoing We also propose removing the revise this part so that it better serves objective to modernize the processing of references to notice requirements under OPM’s ongoing modernization of the employee and retirement benefits, we §§ 850.201(c) and 850.203(b). These processing of benefits under the Civil have removed references to OPM’s requirements were included in part 850 Service Retirement System (CSRS), the ‘‘Retirement Systems Modernization’’ to accommodate specific processes Federal Employees’ Retirement System (RSM) initiative so that part 850 reflects designed for the previous RSM effort. (FERS), the Federal Employees’ Group OPM’s current efforts in modernizing However, upon review, OPM has Life Insurance (FEGLI), the Federal these systems. For that reason, OPM determined that under future retirement Employees Health Benefits (FEHB), and proposes renaming part 850 ‘‘Electronic processes, OPM’s standard the Retired Federal Employee Health Retirement Processing.’’ This proposed informational material provided to Benefits (RFEHB) Programs. OPM rule would also amend §§ 850.101 and annuitants and OPM’s annual notices, proposes these amendments to ensure 850.102 by removing specific references which include information to the rule reflects the electronic to RSM and the electronic retirement annuitants regarding their post- recordkeeping and automated and insurance processing system so that retirement survivor election rights and retirement processing improvements these subsections better reflect OPM’s annuity Cost-of-Living Adjustments, being deployed by OPM, agencies, and current modernization efforts and provide sufficient information to Shared Service Centers under OPM’s objectives. The proposed rule adds annuitants to satisfy the purpose of the Human Resources Line of Business. language in § 850.101(a) to clarify that notice requirements under §§ 850.201(c) These amendments are also being automated technologies implemented to and 850.203(b). proposed to provide OPM with the improve the quality and timeliness of The proposed rule would also add flexibility to implement further retirement, health, and life insurance specific references at § 850.301 to the improvements in automated retirement benefits processing must be accessible Electronic Individual Retirement processing, recordkeeping, and to people with disabilities as required Record. These electronic record electronic submission of forms and by section 508 of the Rehabilitation Act, equivalents for the hardcopy based retirement applications as OPM’s 29 U.S.C. 794(d). Individual Retirement Record (SF 2806 technological initiatives reach The proposed rule would add or SF 3100) are, or will be, provided to completion. definitions within § 850.103 that OPM by agencies and Shared Service DATES: We must receive your comments describe specific databases, electronic Centers through the electronic data by May 6, 2013. records, and processes OPM has feeds for storage in OPM’s Retirement ADDRESSES: You may submit comments, developed, utilized, or is in the process Data Repository databases. Section identified by docket number and/or RIN of implementing since part 850 was first 850.301 would also be amended to add number 3206–AM54, by any of the issued in 2007. Specifically, we have a reference to OPM’s Electronic following methods: included definitions of OPM’s Document Management System, which • Federal eRulemaking Portal: http:// Electronic Document Management is a database of electronic images of www.regulations.gov. Follow the System, the Electronic Official hardcopy documents imaged and stored instructions for submitting comments. Personnel Record Folder, the Electronic during OPM’s RSM initiative.

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14234 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

Additionally, we propose removing Authority: 5 U.S.C. 8347; 5 U.S.C. 8461; Service; the Postal Regulatory subsection (c) from section 850.301, 5 U.S.C. 8716; 5 U.S.C. 8913; sec. 9 of Pub. Commission; and the District of which requires OPM to retain L. 86–724, 74 Stat. 849, 851–52 (September Columbia government. documents in accordance with 8, 1960) as amended by sec. 102 of Biometrics means the technology that Reorganization Plan No. 2 of 1978, 92 Stat. requirements under title 44, United 3781, 3783 (February 23, 1978). converts a unique characteristic of an States Code, after they have been individual into a digital form, which is imaged or converted to electronic ■ 2. The heading for part 850 is revised then interpreted by a computer and records. Because title 44, United States as above to read as follows: compared with a digital exemplar copy Code, provides the requirements federal ■ 3. Revise § 850.101 to read as follows: of the characteristic stored in the agencies must follow in retaining § 850.101 Purpose and scope. computer. Among the unique documents after they have been characteristics of an individual that can (a) The purpose of this part is to converted to electronic records, the be converted into a digital form are enable changes to OPM’s retirement and additional requirements noted under voice patterns, fingerprints, and the insurance processing systems to § 850.301(c) regarding retention are blood vessel patterns present on the improve the quality and timeliness of unnecessary. retina of one or both eyes. services to employees and annuitants Finally, OPM has received many Cryptographic control method means covered by CSRS and FERS by using requests from agencies to allow them an approach to authenticating identity contemporary, automated business the ability to submit electronically or the authenticity of an electronic processes and supporting accessible notices of law enforcement officer, document through the use of a cipher technologies. By utilizing these firefighter, or nuclear materials (i.e., a pair of algorithms) which automated processes, OPM will employ retirement coverage required by performs encryption and decryption. more efficient and effective business §§ 831.811(a), 831.911(a), 842.808(a), or systems to respond to increased CSRS means the Civil Service 842.910(a). To accommodate these customer demand for higher levels of Retirement System established under requests, we have included instructions customer service and online self-service subchapter III of chapter 83 of title 5, under § 850.401 on how to submit these tools. United States Code. notices electronically and propose (b) The provisions of this part Digital signature means an electronic amending this section to require authorize exceptions from regulatory signature generated by means of an agencies and other entities to use this provisions that would otherwise apply algorithm that ensures that the identity method when submitting future notices. to CSRS and FERS annuities and FEGLI, of the signatory and the integrity of the Executive Order 13563 and Executive FEHB, and RFEHB benefits processed by data can be verified. A value, referred to Order 12866 or at the direction of OPM. Those as the ‘‘private key,’’ is generated to produce the signature and another The Office of Management and Budget regulatory provisions that would otherwise apply were established for a value, known as the ‘‘public key,’’ has reviewed this rule in accordance which is linked to but is not the same with E.O. 13563 and E.O. 12866. hardcopy based retirement and insurance benefits processing system as the private key, is used to verify the Regulatory Flexibility Act that may eventually be phased out but signature. which will continue to operate Digitized signature means a graphical I certify that this regulation will not image of a handwritten signature have a significant economic impact on concurrently with OPM’s modernization efforts. During the phased transition to usually created using a special a substantial number of small entities computer input device (such as a digital because the purpose of this regulation is electronic retirement and insurance processing, certain regulations that were pen and pad), which contains unique to assist in facilitating OPM’s ongoing biometric data associated with the modernization of the processing of not designed with information technology needs in mind, and which creation of each stroke of the signature benefits under CSRS, FERS, FEGLI, (such as duration of stroke or pen FEHB, and RFEHB. are incompatible with electronic business processes, must be set aside pressure). A digitized signature can be List of Subjects in 5 CFR Parts 850 with respect to electronic retirement verified by a comparison with the characteristics and biometric data of a Administrative practice and and insurance processing. The known or exemplar signature image. procedure, Air traffic controllers, regulations set forth in this part make Director means the Director of the Alimony, Claims, Disability benefits, the transition to electronic processing Office of Personnel Management. Firefighters, Government employees, possible. Electronic communication means any Income taxes, Intergovernmental (c) The provisions of this part do not information conveyed through relations, Law enforcement officers, affect retirement and insurance electronic means and includes Pensions, Reporting and recordkeeping eligibility and annuity computation electronic forms, applications, elections, requirements, Retirement. provisions. The provisions for capturing retirement and insurance data in an and requests submitted by email or any Office of Personnel Management. electronic format, however, may other electronic message. John Berry, support, in some instances, more Electronic Document Management Director. precise calculations of annuity and System (EDMS) means the electronic For the reasons discussed in the insurance benefits than were possible system of images of hardcopy individual preamble, the Office of Personnel using hardcopy records. retirement records (SF 2806 and SF Management is proposing to amend 5 ■ 4. Revise § 850.103 to read as follows: 3100) and other retirement-related CFR parts 850 as follows: documents. § 850.103 Definitions. Electronic Official Personnel Record PART 850—RETIREMENT SYSTEMS In this part— Folder (eOPF) means an electronic MODERNIZATION Agency means an Executive agency as version of the hardcopy Official defined in section 105 of title 5, United Personnel Folder (OPF), providing Web- ■ 1. The authority citation for part 850 States Code; a legislative branch agency; enabled access for federal employees continues to read as follows: a judicial branch agency; the U.S. Postal and HR staff to view eOPF documents.

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14235

Electronic Individual Retirement public validation key that is available to certified, or witnessed election or Record (eIRR) means a web-based the public. consent, but only if those procedures database that contains certified Retirement Data Repository means a with respect to the electronic system electronic closeout and fully paid post- secure centralized data warehouse that provide the same safeguards as are 56 military service deposit Individual stores electronic retirement data of provided by physical presence. Retirement Records (IRRs), also known employees covered under the Civil * * * * * as Standard Form (SF) 2806 and SF Service Retirement System or the ■ 6. Revise § 850.201 to read as follows: 3100. The eIRR is stored in the Federal Employees Retirement System Electronic Individual Retirement Record compiled from multiple sources § 850.201 Applications for benefits. records storage database (formerly including agencies and Shared Service (a) Hardcopy applications and related known as the Individual Retirement Centers. submissions that are otherwise required Record Closeout Data Capture or ICDC RFEHB means the Retired Federal to be made to an individual’s employing records storage database). Employees Health Benefits Program agency (other than by statute) may Employee means an individual, other established under Public Law 86–724, instead be submitted electronically in than a Member of Congress, who is 74 Stat. 849, 851–52 (September 8, such form as the Director prescribes covered by CSRS or FERS. 1960), as amended. under § 850.104. Enterprise Human Resources Shared Service Centers means (b) Data provided under subpart C of Integration (EHRI) Data System means processing centers delivering a broad this part are the basis for adjudicating the comprehensive electronic retirement array of administrative services to claims for CSRS and FERS retirement record-keeping system that supports multiple agencies. benefits, and will support the OPM’s retirement processing across the Shared symmetric key cryptography administration of FEGLI, FEHB and Federal Government. means a method of authentication in RFEHB coverage for annuitants, under Electronic Retirement Record (ERR) which a single key is used to sign and this part. means the certified electronic retirement verify an electronic document. The § 850.202 [Amended] record submitted to OPM as a retirement single key (also known as a ‘‘private data feed in accordance with the Guide key’’) is known only by the user and the ■ 7. Amend § 850.202 by removing to Retirement Data Reporting. The ERR recipient or recipients of the electronic paragraphs (b)(1) and (b)(2). is submitted to OPM whenever an document. ■ 8. Revise § 850.203 to read as follows: Smart card means a plastic card, Agency would otherwise submit a § 850.203 Other elections. hardcopy IRR to OPM. typically the size of a credit card, Any other election may be effected in FEGLI means the Federal Employees’ containing an embedded integrated such form as the Director prescribes Group Life Insurance Program circuit or ‘‘chip’’ that can generate, under § 850.104. Such elections include established under chapter 87 of title 5, store, or process data. A smart card can but are not limited to elections of United States Code. be used to facilitate various authentication technologies that may be coverage under CSRS, FERS, FEGLI, FEHB means the Federal Employees FEHB, or RFEHB by individuals entitled Health Benefits Program established embedded on the same card. ■ 5. Amend § 850.106 by revising to elect such coverage; applications for under chapter 89 of title 5, United States paragraph (a)(4) to read as follows: service credit and applications to make Code. deposit; and elections regarding the FERS means the Federal Employees’ § 850.106 Electronic signatures. withholding of State income tax from Retirement System established under (a) * * * annuity payments. chapter 84 of title 5, United States Code. (4)(i) In general, any regulatory ■ 9. Revise § 850.301 to read as follows: Member means a Member of Congress requirement under CSRS, FERS, FEGLI, as defined by section 2106 of title 5, FEHB or RFEHB that a signature be § 850.301 Electronic records; other United States Code, who is covered by notarized, certified, or otherwise acceptable records. CSRS or FERS. witnessed, by a notary public or other (a) Acceptable electronic records for Non-cryptographic method is an official authorized to administer oaths retirement and insurance processing by approach to authenticating identity that may be satisfied by the electronic OPM include— relies solely on an identification and signature of the person authorized to (1) Electronic employee data, authentication mechanism that must be perform those acts when such electronic including an eIRR or an ERR, submitted linked to a specific software platform for signature is attached to or logically by an agency, agency payroll office, or each application. associated with all other information Shared Service Center, or other entity Personal identification number (PIN) and records required to be included by and stored within the EHRI Retirement or password means a non-cryptographic the applicable regulation. Data Repository, the eIRR records method of authenticating the identity of (ii) Except as provided in paragraph storage database, or other OPM a user of an electronic application, (iii), a person signing a consent or database. involving the use of an identifier known election for the purpose of electronic (2) Electronic Official Personnel only to the user and to the electronic notarization under paragraph (i) must be Folder (eOPF) data; and system, which checks the identifier in the physical presence of the notary (3) Documents, including hardcopy against data in a database to public or an official authorized to versions of the Individual Retirement authenticate the user’s identity. administer oaths. Record (SF 2806 or SF 3100), or data or Public/private key (asymmetric) (iii) The Director may provide in images obtained from such documents, cryptography is a method of creating a directives issued under § 850.104 that including images stored in EDMS, that unique mark, known as a digital alternative procedures utilized by a are converted to an electronic or digital signature, on an electronic document or notary public or other official form by means of image scanning or file. This method involves the use of authorized to administer oaths (such as other forms of electronic or digital two computer-generated, audio-video conference technology) will conversion. mathematically-linked keys: A private be deemed to satisfy the physical (b) Documents that are not converted signing key that is kept private and a presence requirement for a notarized, to an electronic or digital form will

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14236 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

continue to be acceptable records for 2013. Pursuant to the Paperwork The Act provides that administrative processing by the retirement and Reduction Act, comments on the proceedings must be exhausted before insurance processing system. information collection burden must be parties may file suit in court. Under ■ 10. Revise § 850.401 to read as received by May 6, 2013. section 608c(15)(A) of the Act, any follows: ADDRESSES: Interested persons are handler subject to an order may file invited to submit written comments with USDA a petition stating that the § 850.401 Electronic notice of coverage order, any provision of the order, or any determination. concerning this proposal. Comments must be sent to the Docket Clerk, obligation imposed in connection with An agency or other entity that submits Marketing Order and Agreement the order is not in accordance with law electronic employee records directly or Division, Fruit and Vegetable Program, and request a modification of the order through a Shared Service Center must AMS, USDA, 1400 Independence or to be exempted therefrom. A handler include in the notice of law enforcement Avenue SW., STOP 0237, Washington, is afforded the opportunity for a hearing officer, firefighter, or nuclear materials DC 20250–0237; Fax: (202) 720–8938; or on the petition. After the hearing, USDA retirement coverage, required by Internet: http://www.regulations.gov. All would rule on the petition. The Act §§ 831.811(a), 831.911(a), 842.808(a), or comments should reference the provides that the district court of the 842.910(a) of this chapter, the position document number and the date and United States in any district in which description number, or other unique page number of this issue of the Federal the handler is an inhabitant, or has his alphanumeric identifier, in the notice Register and will be made available for or her principal place of business, has for the position for which law public inspection in the Office of the jurisdiction to review USDA’s ruling on enforcement officer, firefighter, or Docket Clerk during regular business the petition, provided an action is filed nuclear materials courier retirement hours, or can be viewed at: http:// not later than 20 days after the date of coverage has been approved. Agencies www.regulations.gov. All comments the entry of the ruling. or other entities must submit position submitted in response to this rule will This proposed rule would revise the descriptions to OPM in a PDF document be included in the record and will be reporting requirements prescribed under to combox address: [email protected]. made available to the public. Please be the order. This action would require all [FR Doc. 2013–04965 Filed 3–4–13; 8:45 am] advised that the identity of the fresh citrus handlers to provide the BILLING CODE 6325–38–P individuals or entities submitting the Committee with a list of all growers comments will be made public on the whose fruit they handled each season. Internet at the address provided above. This information would enable the DEPARTMENT OF AGRICULTURE Committee to more efficiently FOR FURTHER INFORMATION CONTACT: administer the order and better Jennie M. Varela, Marketing Specialist, Agricultural Marketing Service communicate fresh market issues to or Christian D. Nissen, Regional fresh market citrus growers. This Director, Southeast Marketing Field 7 CFR Part 905 proposed change was unanimously Office, Marketing Order and Agreement recommended by the Committee at a [Doc. No. AMS–FV–12–0052; FV12–905–2 Division, Fruit and Vegetable Program, PR] July 17, 2012, meeting. AMS, USDA; Telephone: (863) 324– Section 905.71 of the order provides 3375, Fax: (863) 325–8793, or Email: Oranges, Grapefruit, Tangerines, and the Committee, with the approval of the [email protected] or Tangelos Grown in Florida; Revising Secretary, authority to collect [email protected]. Reporting Requirements and New information from handlers that is Small businesses may request Information Collection deemed necessary for administering the information on complying with this order. This proposed rule would utilize AGENCY: Agricultural Marketing Service, regulation by contacting Laurel May, this authority to establish a new USDA. Marketing Order and Agreement § 905.171 under the rules and ACTION: Proposed rule. Division, Fruit and Vegetable Program, regulations of the order. This new AMS, USDA, 1400 Independence section would require handlers of fresh SUMMARY: This rule invites comments Avenue SW., STOP 0237, Washington, citrus to report to the Committee a list on a proposed change to reporting DC 20250–0237; Telephone: (202) 720– of names and contact information for all requirements prescribed under the 2491, Fax: (202) 720–8938, or Email: growers whose fruit they have shipped Federal marketing order for oranges, [email protected]. by June 15 of each season. grapefruit, tangerines, and tangelos SUPPLEMENTARY INFORMATION: This Currently, the Committee does not grown in Florida (order). The Citrus proposal is issued under Marketing require handlers to report any Administrative Committee (Committee) Order No. 905, as amended (7 CFR part information regarding the growers who is responsible for local administration of 905), regulating the handling of oranges, supply them. In order to communicate the order. This action would require all grapefruit, tangerines, and tangelos with its grower base regarding the order fresh citrus handlers to provide the grown in Florida, hereinafter referred to or Committee actions, the Committee Committee with a list of all growers as the ‘‘order.’’ The order is effective depends on mailing lists from other whose fruit they handled each season. under the Agricultural Marketing industry groups. However, third-party This information would enable the Agreement Act of 1937, as amended (7 lists are often incomplete, out of date, or Committee to more efficiently U.S.C. 601–674), hereinafter referred to do not distinguish between those administer the order and improve as the ‘‘Act.’’ growing for the fresh market or those communication with growers. This The Department of Agriculture growing for the processed market. proposal also announces the (USDA) is issuing this rule in Ninety percent of the volume of citrus Agricultural Marketing Service’s (AMS) conformance with Executive Order produced in Florida is sold for intention to request approval from 12866. processing into juice, which is not Office of Management and Budget This proposal has been reviewed regulated under the order. (OMB) of a new information collection. under Executive Order 12988, Civil Consequently, while there are an DATES: Comments on the proposed Justice Reform. This rule is not intended estimated 8,000 citrus growers, it is rulemaking must be received by May 6, to have retroactive effect. estimated only 750 growers produce for

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14237

the fresh market. Because there is no Marketing Service (AMS) has increase in the reporting burden on all readily available comprehensive list of considered the economic impact of this citrus handlers. However, this data is fresh citrus growers, the Committee action on small entities. Accordingly, already recorded and maintained by could allocate a great deal of resources AMS has prepared this initial regulatory handlers as a part of their daily into information distribution and still flexibility analysis. business. Handlers, regardless of size, not be certain that the information is The purpose of the RFA is to fit should be able to readily access this getting to those covered under the order. regulatory actions to the scale of information. Consequently, any Recently, the Committee began business subject to such actions in order additional costs associated with this discussing potential changes to the that small businesses will not be unduly change would be minimal and apply order to make it more efficient and or disproportionately burdened. equally to all handlers. responsive to industry needs. In these Marketing orders issued pursuant to the This action should also help growers discussions, the Committee recognized Act, and rules issued thereunder, are receive more information about the that grower involvement could be unique in that they are brought about activities under the order and make improved through focused through group action of essentially them more aware of their opportunities communication with fresh market citrus small entities acting on their own to participate in the efforts of the growers. However, in order to actively behalf. Committee. The benefits of this rule are reach out to growers in the industry, the There are approximately 8,000 expected to be equally available to all Committee must have accurate growers of citrus in the production area fresh citrus growers, regardless of their information. The Committee discussed and approximately 45 handlers subject size. developing a list of growers compiled to regulation under the marketing order; The Committee discussed making no annually from information provided by however, it is estimated that only 750 change as an alternative to this action handlers to make effective outreach growers produce for the fresh market. but determined that in order to possible. Some members expressed Small agricultural producers are defined efficiently carry out the objectives of the concerns about the disclosure of by the Small Business Administration marketing order, the information proprietary information. The Committee (SBA) as those having annual receipts collection within this new report was addressed these concerns by stating the less than $750,000, and small necessary. Therefore, this alternative scope of the information collection agricultural service firms are defined as was rejected. could be limited to only grower contact those whose annual receipts are less This proposal would establish one information. than $7,000,000 (13 CFR 121.201). new reporting requirement and would In addition, while this action would Based on production data, grower require one new Committee form. assist the Committee in its efforts to prices as reported by the National Therefore, this proposed rule would keep growers informed and to solicit Agricultural Statistics Service, and the impose a minor increase in the reporting their input on potential changes to the total number of Florida citrus growers, burden for all handlers, which is order, it also could be used to increase the average annual grower revenue is discussed in the Paperwork Reduction grower outreach and involvement in below $750,000. In addition, based on Act section of this document. Committee elections and membership, industry and Committee data, the As with all Federal Marketing order facilitate grower participation in average annual f.o.b. price for fresh programs, reports and forms are amendment and continuance referenda, Florida citrus during the 2010–11 periodically reviewed to reduce and provide for a more efficient use of season was approximately $12.16 per 4⁄5 information requirements and Committee resources. bushel carton, and total fresh shipments duplication by industry and public As a result, Committee members were approximately 30.4 million sector agencies. USDA has not recommended collecting grower names cartons. Using the average f.o.b. price identified any relevant Federal rules and contact information each season and shipment data, about 55 percent of that duplicate, overlap, or conflict with from handlers of fresh citrus so that the the Florida citrus handlers could be this rule. Committee would have an accurate and considered small businesses under AMS is committed to complying with updated list to use in communicating SBA’s definition. Thus, assuming a the E-Government Act, to promote the with fresh market citrus growers. June normal distribution, the majority of use of the Internet and other 15 was selected as the due date for this producers and handlers of Florida citrus information technologies to provide information as it is toward the end of may be classified as small entities. increased opportunities for citizen the season, and Committee members This proposed rule would revise the access to Government information and agreed handlers would have a complete reporting requirements prescribed under services, and for other purposes. list at that time. the order. This action would require all Further, the Committee’s meeting was This change would revise reporting fresh citrus handlers to provide the widely publicized throughout the citrus requirements to require all fresh citrus Committee with a list of all growers industry and all interested persons were handlers regulated under the order to whose fruit they handled by June 15 of invited to attend the meeting and provide the Committee with contact each season. This information would participate in Committee deliberations information for all growers whose fruit enable the Committee to more on all issues. Like all Committee they have shipped. This information efficiently administer the order and meetings, the July 17, 2012, meeting was would be due by June 15 of each season. better communicate fresh market issues a public meeting and all entities, both The change would enable the to fresh market citrus growers. This rule large and small, were able to express Committee to more efficiently would create a new § 905.171, which views on this issue. Finally, interested administer the order and communicate would establish the new reporting persons are invited to submit comments fresh market issues to fresh market requirement. The authority for this on this proposed rule, including the citrus growers. action is provided for in § 905.71 of the regulatory and informational impacts of order. This proposed change was this action on small businesses. Initial Regulatory Flexibility Analysis unanimously recommended by the A small business guide on complying Pursuant to requirements set forth in Committee at a July 17, 2012, meeting. with fruit, vegetable, and specialty crop the Regulatory Flexibility Act (RFA) (5 Requiring grower contact information marketing agreements and orders may U.S.C. 601–612), the Agricultural each season would impose a minor be viewed at: www.ams.usda.gov/

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14238 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

MarketingOrdersSmallBusinessGuide. in accordance with the Act and the PART 905—ORANGES, GRAPEFRUIT, Any questions about the compliance order. TANGERINES, AND TANGELOS guide should be sent to Laurel May at The proposed request for new GROWN IN FLORIDA the previously mentioned address in the information collection under the order ■ FOR FURTHER INFORMATION CONTACT is as follows: 1. The authority citation for 7 CFR section. part 905 continues to read as follows: A 60-day comment period is provided Handler Supplier Report Authority: 7 U.S.C. 601–674. to allow interested persons to respond ■ to this proposal. All written comments Estimate of Burden: Public reporting 2. Section 905.171 is added to read as timely received will be considered burden for this collection of information follows: is estimated to be an average of 0.33 before a final determination is made on § 905.171 Handler Supplier Report. hours per response. this matter. Each handler shall furnish a supplier Respondents: Handlers of fresh Paperwork Reduction Act report to the Committee on an annual Florida citrus basis. Such reports shall be made on In accordance with the Paperwork Estimated Number of Respondents: 45 forms provided by the Committee and Reduction Act of 1995 (44 U.S.C. shall include the name and business chapter 35), this notice announces Estimated Number of Responses per Respondent: 1 address of each grower whose fruit was AMS’s intent to request approval from shipped or acquired by the handler the Office of Management and Budget Estimated Total Annual Burden on during the season. Handlers shall (OMB) for a new information collection Respondents: 14.85 hours submit this report to the Committee not under OMB No. 0581–NEW. It will be Comments are invited on: (1) Whether later than June 15 of each season. merged with the forms currently the proposed collection of information Dated: February 27, 2013. approved under OMB No. 0581–0189 is necessary for the proper performance Rex A. Barnes, ‘‘Generic Fruit Crops.’’ of the functions of the agency, including Title: Oranges, Grapefruit, Tangerines, whether the information will have Acting Administrator, Agricultural Marketing Service. and Tangelos Grown in Florida; practical utility; (2) the accuracy of the Marketing Order No. 905. agency’s estimate of the burden of the [FR Doc. 2013–04964 Filed 3–4–13; 8:45 am] OMB Number: 0581–NEW. proposed collection of information, BILLING CODE 3410–02–P Type of Request: New Collection. including the validity of the Abstract: The information methodology and assumptions used; (3) requirements in this request are ways to enhance the quality, utility, and DEPARTMENT OF COMMERCE essential to carry out the intent of the clarity of the information to be Act, to provide the respondents the type collected; and (4) ways to minimize the Minority Business Development of service they request, and to burden of the collection of information Agency administer the Florida citrus marketing on those who are to respond, including order program. the use of appropriate automated, 15 CFR Part 1400 On July 17, 2012, the Committee electronic, mechanical, or other [Docket No. 121130667–2667–02] unanimously recommended that all technological collection techniques or fresh citrus handlers, covered under the other forms of information technology. Determination of Group Eligibility for order, provide the Committee with a list MBDA Assistance of all growers whose fruit they handled Comments should reference OMB No. each season. This form, titled Handler 0581–NEW and the Marketing Order for AGENCY: Minority Business Supplier Report, would be submitted Oranges, Grapefruit, Tangerines, and Development Agency, Commerce. Tangelos Grown in Florida, and should directly to the Committee by handlers ACTION: Response to petition. by June 15 of each year. be sent to the USDA in care of the This information collection would Docket Clerk at the previously- SUMMARY: On January 11, 2012, the benefit the facilitation of mentioned address or at http:// Minority Business Development Agency communication between the Committee www.regulations.gov. (MBDA) received a petition from the and the growers. The information All responses to this notice will be American-Arab Anti-Discrimination collected would only be used by summarized and included in the request Committee (ADC or Petitioner) authorized representatives of the USDA, for OMB approval. All comments requesting designation of the Arab- including the AMS Fruit and Vegetable received will become a matter of public American community as a socially or Program regional and headquarters staff, record and will be available for public economically disadvantaged group and authorized employees of the inspection during regular business whose members are eligible for MBDA Committee. Authorized Committee hours at the address of the Docket Clerk assistance. This document announces employees would be the primary users or at http://www.regulations.gov. MBDA’s determination that the ADC Petition is not currently supported by of the information, and the AMS would If this proposed rule is finalized, this be the secondary users. The sufficient evidence to establish social or information collection will be merged economic disadvantage as required by Committee’s staff would compile the with the forms currently approved information and utilize it to distribute the MBDA regulations and applicable under OMB No. 0581–0189 ‘‘Generic legal precedent. regulatory information, to seek grower Fruit Crops.’’ nominations for Committee positions, to FOR FURTHER INFORMATION CONTACT: keep fresh growers informed of issues Citrus, Marketing agreements, Kimberly Marcus, Associate Director for affecting the fresh segment of the Reporting and recordkeeping Legislation, Education, and industry, and to prepare both the annual requirements. Intergovernmental Affairs, Minority report and marketing policy, as required For the reasons set forth in the Business Development Agency, 1401 under the order. All proprietary preamble, 7 CFR part 905 is proposed to Constitution Ave., Room 5065, information would be kept confidential be amended as follows: Washington, DC 20230, (202) 482–6272.

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14239

SUPPLEMENTARY INFORMATION: Pursuant review of the application and comments music, unique food, as well as an Arab- to Executive Order 11625 (E.O. 11625), as well as independent research, MBDA American press catering to this MBDA provides management and has determined that the Petition is not community. technical assistance to minority currently supported by sufficient As required by its regulations, MBDA business enterprises (MBEs) through its evidence to prove the necessary published the Petition in the Federal services and programs. A minority elements of social or economic Register for 30 days and requested business enterprise for purposes of E.O. disadvantage within the specific general comments and comments on 11625 is defined as a business owned or requirements of 15 CFR 1400.4(a) of the specific social and economic issues controlled by one or more socially or MBDA regulations and applicable case related to Arab-Americans. This is the economically disadvantaged law. first time that MBDA has considered the individuals.1 inclusion of a group on the basis of E. O. 11625 and subsequent MBDA Procedural Requirements for racial or ethnic classification under the regulations have designated the Determination of Group Eligibility for regulations set forth in 15 CFR 1400.1 following groups whose members are MBDA Assistance through 1400.6 MBDA published currently considered socially or A group applying for designation as several notices extending the time economically disadvantaged and socially or economically disadvantaged period for making a decision in order to therefore eligible to receive MBDA within the meaning of the MBDA consider fully the issues presented by assistance: 2 Blacks, Puerto-Ricans, regulations must submit a written the Petition, to conduct independent Spanish-speaking Americans, American application to the Minority Business research, and to consider the Indians, Eskimos and Aleuts, Hasidic Development Agency containing a implications of relevant legal Jews, Asian Pacific Americans, and statement of request, a detailed precedent.10 These issues are addressed Asian Indians.3 In order for a group to description of the applicant group below. become eligible for MBDA’s services, delineating sufficiently distinctive traits of its members, a brief summary of the Substantive Requirements for Group the group must submit a petition to Eligibility MBDA demonstrating, by a submission, a narrative description of preponderance of the evidence, that the documentation in support of the claim, For a group to become eligible for group is socially or economically and a conclusion.6 Along with an MBDA’s services, it must submit a disadvantaged.4 adequate petition, MBDA must consider petition to MBDA demonstrating, by a On May 30, 2012, MBDA published a the comments received and may also preponderance of the evidence, that the notice of proposed rulemaking and a consider any additional information group is socially or economically request for comments in the Federal gathered by the Agency from disadvantaged. The regulations at Register announcing receipt of a independent research.7 section 1400.2(b) define socially petition from the ADC seeking On January 11, 2012, the ADC filed a disadvantaged persons as ‘‘persons who designation of Arab-Americans as a petition on behalf of the Arab-American have been subjected to cultural, racial or socially or economically disadvantaged community, requesting that MBDA ethnic prejudice because of their group and requesting public comment designate Arab-Americans as a socially identity as members of a group without on this designation.5 In particular, the or economically disadvantaged group. regard to their individual qualities.’’ notice requested comment on and The Petition defines the Arab-American Section 1400.2(c) of the regulations evidence concerning the extent to which group as persons who can trace their defines economically disadvantaged Arab-Americans are economically ancestry to one of the Arabic-speaking persons as ‘‘persons whose ability to disadvantaged. Comments were countries or areas of the world compete in the free enterprise system accepted from the public for a 30 day categorized as Arab countries. has been impaired due to diminished According to the Petition, these period until June 29, 2012, and were capital and credit opportunities because countries include, but are not limited to: posted with the petition on MBDA’s of their identity as members of a group Algeria, Bahrain, Djibouti, Egypt, Iraq, Web site. without regard to their individual In response, the Agency received 37 Jordan, Kuwait, Lebanon, Libya, qualities, as compared to others in the comments. Of these comments, 19 were Mauritania, Morocco, Oman, Qatar, same line of business and competitive in support of ADC’s petition, while 13 Somalia, Saudi Arabia, Sudan, Syria, market area.’’ The petition must prove Tunisia, United Arab Emirates, and that the social or economic disadvantage expressed opposition, and five were 8 disqualified for use of offensive or Yemen. The Petition included Census has produced impediments in the data showing 1.2 million Americans business world for members of the derogatory language. After careful 9 who report Arab ancestry. The Petition group which are not common to all also includes a description of unique 1 15 CFR 1400.1(b) (1984). business people in the same or similar 2 See Executive Order 11625, sec. 6 (1971); 15 cultural and ethnic traits such as business and marketplace. CFR 1400.1(b) and (c) (1984). common Arabic language, traditional The regulations also set out several 3 15 CFR 1400.1(b) and (c) (1984). nonexclusive categories of evidence that 4 Id. at § 1400.4(a). 6 15 CFR 1400.3 (1984). will be considered including: national 5 7 Petition for Inclusion of the Arab-American Id. at § 1400.5. income level and standard of living Community in the Groups Eligible for MBDA 8 American-Arab Anti-Discrimination Committee Services, 77 FR 31,765–31,767 (May 30, 2012). If Petition for Determination of Group Eligibility for statistical data; evidence of employment the applicant has submitted a Petition for formal MBDA Assistance (filed, January 11, 2012) at 3 and educational discrimination; designation as a socially or economically (ADC Petition or Pet.). The Petition also includes evidence of denial of access to disadvantaged group, ‘‘the Department of Palestinian-Americans within this group. educational, professional, and social Commerce will publish a notice in the Federal 9 Pet. at 4 (citing Arab American Institute, Register that formal designation of this group will Demographics: Religion (2002 Zogby International organizations; the kinds of business be considered’’ requesting comments that will help Survey), http://www.aaiusa.org/arabamericans/22/ opportunities available to members of in making a final determination. See 15 CFR 1400.5. demographics (last visited December 30, 2011)). See the group; the availability of capital, MBDA extended the deadline for making its also De la Cruz, G. Patricia and Brittingham, decision until March 1, 2013. See Petition for Angela. US Census Bureau Census 2000 Brief, The technical, and managerial resources; Inclusion of the Arab-American Community in the Arab Population: 2000 (December 2003) available at Groups Eligible for MBDA Services, 77 FR 72254 http://www.census.gov/prod/2003pubs/c2kbr- 10 Adarand Constructors, Inc. v. Pena, 515 U.S. (December 5, 2012). 23.pdf. 200 (1995).

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14240 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

and any other evidence of denial of prejudice is chronic, long standing, The Petitioner adduces evidence that opportunity or access to those things substantial, and beyond the control of Arab-Americans have faced significant that would enable successful the group’s members. Finally, the prejudice in the form of hate crimes and participation in the American economic evidence must demonstrate that the other adverse treatment based on system.11 While the petitioner has the social conditions experienced by the characteristics, distinct clothing, or self- burden of providing sufficient evidence group have produced impediments in identification.18 The Petition illustrates to meet the standard, MBDA as trier of the business world for members of the a sharp increase in prejudice since 9/11 fact may gather additional information group that are not common to those by citing the Senate testimony of which supports or refutes the group’s faced by all business people in the same Assistant Attorney General Thomas E. request.12 or similar businesses or marketplaces.15 Perez, that ‘‘more than 800 incidents Since the promulgation of the MBDA For economic disadvantage, the involving violence, threats, vandalism, regulations, the U.S. Supreme Court petition must present evidence and arson against persons perceived to issued its opinion in Adarand v. Pena, demonstrating that members of the be Muslim or to be of Arab, Middle which applied strict scrutiny to group have had their ability to compete Eastern, or South Asian origin’’ were government programs that rely on racial in the free enterprise system impaired investigated by the Department of 13 19 classifications. To the extent that it due to diminished capital and credit Justice between 2001 and 2011. The applies, strict scrutiny analysis requires opportunities because of their identity testimony also highlights a 1,600 that in order to meet a constitutional as members of the group without regard percent increase in reports to the FBI of challenge, the program must serve a to their individual qualities, as discrimination and harassment of Arab- compelling government interest and compared to others in the same line of Americans following 9/11. An ADC must be narrowly tailored to serve that business and competitive market areas. report submitted in support of the interest. Courts have repeatedly found The evidence in the petition must Petition demonstrates a rise in the level that the government has a compelling establish that the economic of employment discrimination government interest in rectifying past disadvantage created by such prejudice complaints filed by Arab-Americans in discrimination caused by the is chronic, long standing, substantial, the period following 9/11 and includes government and in not passively and beyond the control of the group’s instances where employees were participating in private systems of members, as compared to others in the released without explanation or were discrimination. To establish that same line of business or market area. called derogatory names in the compelling interest, the government Finally, the economic conditions must workplace, which led to their 20 must show a strong basis in evidence have produced impediments in the subsequent resignation. This increase that a race based program is necessary business world for the group that are not in prejudicial treatment is also to remedy racial or ethnic common to those faced by all business suggested by evidence from the Equal discrimination. Courts usually rely on a people in the same or similar businesses Employment Opportunity Commission showing that includes statistical or marketplaces.16 (EEOC) documenting 1,035 charges filed evidence of underrepresentation or under Title VII alleging post-9/11 underutilization in finding that the Application of Standard to Arab- backlash employment discrimination.21 ‘‘strong basis in evidence’’ standard has American Petition The Petition and supporting evidence been met. Therefore, to ensure that its demonstrates that, in too many programs meet constitutional standards MDBA has reviewed the evidence instances, Arab-Americans have faced as applicable, MBDA requires a group presented in the Petition and the prejudice that has resulted in incidents seeking eligibility for MBDA programs comments, as well as its own of violence, assault, and other to provide substantial evidence of recognition of barriers Arab-Americans undeniably adverse treatment.22 But the impediments in the business world to have faced, and has determined that, Petition fails to connect this evidence to show a need for extending the program while there is qualitative evidence that a showing of impediments in the to that group. demonstrates that Arab-Americans have business world for members of the faced significant prejudice in numerous group that are not common to all Social or Economic Disadvantage instances, there is insufficient evidence business people in the same or similar Evidentiary Standard that this undeniable prejudice has business and marketplace. Nor does the In order to establish social or impaired their ability to compete in the Petition establish that Arab-Americans economic disadvantage for purposes of free enterprise system due to have had their ability to compete in the MBDA programs, a petition must diminished capital and credit present evidence of either social or opportunities. In addition, the available 18 Pet. at 15–16, 18, 23–25. economic disadvantage that meets each evidence does not, for purposes of this 19 Id. at 17 (citing Statement of Thomas E. Perez, prong of the standard set out in the program, adequately show chronic, long AAG Civil Rights Division before Senate Judiciary standing, and substantial bias that has Subcommittee on the Constitution, Civil Rights, and regulation. Human Rights ‘‘Protecting the Civil Rights of For social disadvantage, the petition produced impediments in the business Muslim Americans’’ March 29, 2011 available at must present evidence establishing that world for members of the group that are http://www.judiciary.senate.gov/hearings/ not common to all business people in testimony.cfm?id=e655f9e2809e5476862f735da the group has been subjected to cultural, _ racial, or ethnic prejudice because of the same or similar business and market 169475f&wit id=e655f9e2809e5476862f735da16947 place.17 5f-1-0). their identity as members of a group 20 Id. at 23 (citing 2003–2007 Report on Hate without regard to their individual Crimes and Discrimination against Arab qualities.14 The petition must show that 15 Id. at § 1400.4(a). Americans, American-Arab Anti-Discrimination the social disadvantage created by such 16 Id. § 1400.4(a). Committee Research Institute at 34–38 (2008), 17 In the absence of sufficient evidence in the available at http://www.adc.org/PDF/hcr07.pdf). Petition and comments, the Agency searched 21 Id. at 25. 11 15 CFR 1400.4(b) (1984). sources available to it and was unable to locate the 22 However, nothing in the forgoing discussion or 12 Id. at § 1400.5 (1984). type of statistical or empirical studies necessary to any other part of this response to petition should 13 Adarand Constructors, Inc. v. Pena, 515 U.S. establish this element both for purposes of the be construed as MBDA’s acceptance of the 200 (1995). regulation and as required to meet constitutional Petition’s assertions that the federal government has 14 15 CFR 1400.2(b). standards under existing case law. discriminated against Arab-Americans.

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14241

free enterprise system impaired due to states target Arab-Americans do not ACTION: Denial of petition. diminished capital and credit demonstrate that Arab-Americans are opportunities. unable to compete in the free enterprise SUMMARY: EPA is denying a petition to Specifically, the Petition fails to system due to diminished capital and remove acetonitrile from the list of provide evidence of the type MBDA credit opportunities. Statistical or chemicals subject to reporting requires to establish a relationship empirical evidence demonstrating a requirements under section 313 of the between any discriminatory treatment relationship between the discrimination Emergency Planning and Community and business impediments experienced suffered by the group and business Right-to-Know Act of 1986 (EPCRA) and by Arab-American businesses as a group impediments, or impaired access to section 6607 of the Pollution Prevention that are not common to all business capital, credit, contracts, and other people in the same or similar market Act of 1990 (PPA). EPA has reviewed business opportunities experienced by the available data on this chemical and place. Section III of the Petition states the group is necessary to show the has determined that acetonitrile does that: social or economic conditions required not meet the deletion criterion of Arab-Americans suffer from to qualify the Petitioners for eligibility EPCRA section 313(d)(3). Specifically, discrimination, prejudice and cultural bias in for MBDA’s programs that assist the workplace. This employment businesses in obtaining access to EPA is denying this petition because discrimination has produced obstacles in the capital, credit, contracting, and other EPA’s review of the petition and business world for Arab-Americans—both as business opportunities. The comments available information resulted in the employees and entrepreneurs. Members of submitted in support of the Petition conclusion that acetonitrile meets the the group have no control over such listing criterion of EPCRA section discrimination. Other entrepreneurs and similarly lack this supporting individuals, outside of the group, do not information. 313(d)(2)(B) due to its potential to cause suffer from such discrimination and bias.23 Accordingly, MBDA does not death in humans. But, the Petition does not substantiate currently have sufficient evidence to FOR FURTHER INFORMATION CONTACT: this assertion by providing evidence to recognize the Arab-American Daniel R. Bushman, Environmental community as a minority group that is support the statement, such as statistical Analysis Division, Office of Information socially or economically disadvantaged measures of the impact that Analysis and Access (2842T), within the specific meaning of the employment discrimination complaints Environmental Protection Agency, 1200 have on Arab-American business regulation because the Petition is not supported by sufficient evidence to Pennsylvania Ave. NW., Washington, success or workplace attainment. The DC 20460; telephone number: 202–566– EEOC complaints discussed above must meet the necessary elements of social or economic disadvantage as required by 0743; fax number: 202–566–0677; email: be coupled with an analysis or study of [email protected], for specific the impact of discrimination on Arab- 15 CFR 1400.4(a) of the MBDA information on this notice. For general Americans in the business world. regulations and applicable case law. As In addition, a 2008 Arab American such, MBDA has returned the Petition to information on EPCRA section 313, Institute Foundation study produced ADC for further consideration consistent contact the Emergency Planning and results contrary to the Petitioner’s with this response to petition. Community Right-to-Know Hotline, toll arguments. This study found that Arab- Dated: February 27, 2013. free at (800) 424–9346 or (703) 412– 9810 in Virginia and Alaska or toll free, American households’ mean individual David Hinson, TDD (800) 553–7672, http:// income is 27% higher than the national Director. average and that the group shows higher www.epa.gov/epaoswer/hotline/. than average educational attainment.24 [FR Doc. 2013–04955 Filed 3–4–13; 8:45 am] SUPPLEMENTARY INFORMATION: These figures are not dispositive, but do BILLING CODE P suggest that prejudice Arab-Americans I. General Information have faced may not have impacted their economic opportunities to the extent ENVIRONMENTAL PROTECTION A. Does this notice apply to me? AGENCY necessary to establish that Arab- You may be potentially affected by Americans’ businesses require the 40 CFR Part 372 this action if you manufacture, process, technical and outreach services that or otherwise use acetonitrile. Potentially MBDA provides. [EPA–HQ–TRI–2006–0319; FRL–9787–1] The Petition also does not establish affected categories and entities may with the necessary type of evidence that RIN 2025–AA19 include, but are not limited to: Arab-Americans have experienced Acetonitrile; Community Right-to- diminished capital and credit Know Toxic Chemical Release opportunities. The descriptions of Reporting immigration controls, employment discrimination complaints, and AGENCY: Environmental Protection post-9/11 programs that the Petition Agency (EPA).

Category Examples of potentially affected entities

Industry ...... Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes.

23 Id. at 21. 24 Comment of Nicholas Legendre, http:// Arab American Institute Foundation, Quick Facts www.mbda.gov/sites/default/files/ About Arab Americans, http://aai.3cdn.net/ AAPetitioncomments_asof062912.pdf at 56 (citing afbc33810b07728c5a_oim6bx98f.pdf).

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14242 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

Category Examples of potentially affected entities

Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122, 221330 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (cor- respond to SIC 4953, Refuse Systems). Federal Government ...... Federal facilities.

This table is not intended to be Amendments and Reauthorization Act (C) The chemical is known to cause or exhaustive, but rather provides a guide of 1986 (SARA) (Pub. L. 99–499). can be reasonably anticipated to cause, for readers regarding entities likely to be because of B. Background affected by this action. Some of the (i) its toxicity, entities listed in the table have Section 313 of EPCRA, 42 U.S.C. (ii) its toxicity and persistence in the exemptions and/or limitations regarding 11023, requires certain facilities that environment, or coverage, and other types of entities not manufacture, process, or otherwise use (iii) its toxicity and tendency to listed in the table could also be affected. listed toxic chemicals in amounts above bioaccumulate in the environment, a To determine whether your facility reporting threshold levels to report their significant adverse effect on the would be affected by this action, you environmental releases and other waste environment of sufficient seriousness, should carefully examine the management quantities of such in the judgment of the Administrator, to applicability criteria in part 372 subpart chemicals annually. These facilities warrant reporting under this section. B of Title 40 of the Code of Federal must also report pollution prevention EPA often refers to the section Regulations. If you have questions and recycling data for such chemicals, 313(d)(2)(A) criterion as the ‘‘acute regarding the applicability of this action pursuant to section 6607 of the PPA, 42 human health effects criterion;’’ the section 313(d)(2)(B) criterion as the to a particular entity, consult the person U.S.C. 13106. Congress established an ‘‘chronic human health effects listed in the preceding FOR FURTHER initial list of toxic chemicals subject to criterion;’’ and the section 313(d)(2)(C) INFORMATION CONTACT section. reporting that comprised more than 300 criterion as the ‘‘environmental effects chemicals and 20 chemical categories. B. How can I get copies of this document criterion.’’ and other related information? EPCRA section 313(d) authorizes EPA EPA issued a statement of petition to add or delete chemicals from the list policy and guidance in the Federal EPA has established a docket for this and sets criteria for these actions. Register of February 4, 1987 (52 FR action under Docket ID No. EPA–HQ– EPCRA section 313(d)(2) states that EPA 3479) to provide guidance regarding the TRI–2006–0319. All documents in the may add a chemical to the list if any of recommended content and format for docket are listed in the the listing criteria in Section 313(d)(2) submitting petitions. On May 23, 1991 www.regulations.gov index. Although are met. Therefore, to add a chemical, (56 FR 23703), EPA issued guidance listed in the index, some information is EPA must demonstrate that at least one regarding the recommended content of not publicly available, e.g., CBI or other criterion is met, but need not determine petitions to delete individual members information whose disclosure is whether any other criterion is met. of the section 313 metal compounds restricted by statute. Certain other Conversely, to remove a chemical from categories. EPA has also published in material, such as copyrighted material, the list, EPCRA section 313(d)(3) the Federal Register of November 30, will be publicly available only in hard dictates that EPA must demonstrate that 1994 (59 FR 61432) a statement copy. Publicly available docket none of the listing criteria in Section clarifying its interpretation of the materials are available either 313(d)(2) are met. The EPCRA section section 313(d)(2) and (d)(3) criteria for electronically in www.regulations.gov or 313(d)(2) criteria are: modifying the section 313 list of toxic in hard copy at the OEI Docket, EPA/ (A) The chemical is known to cause chemicals. DC, EPA West, Room 3334, 1301 or can reasonably be anticipated to III. What is the description of the Constitution Ave. NW., Washington, cause significant adverse acute human petition and the regulatory status of DC. This Docket Facility is open from health effects at concentration levels acetonitrile? 8:30 a.m. to 4:30 p.m., Monday through that are reasonably likely to exist Friday, excluding legal holidays. The beyond facility site boundaries as a Acetonitrile is on the list of toxic telephone number for the Public result of continuous, or frequently chemicals subject to the annual release Reading Room is (202) 566–1744, and recurring, releases. reporting requirements of EPCRA the telephone number for the OEI (B) The chemical is known to cause or section 313 and PPA section 6607. Docket is (202) 566–1752. can reasonably be anticipated to cause Acetonitrile was among the list of chemicals placed on the EPCRA section II. Introduction in humans— (i) cancer or teratogenic effects, or 313 list by Congress. Acetonitrile is listed under the Clean Air Act (CAA) as A. Statutory Authority (ii) serious or irreversible– a volatile organic compound (VOC) and This action is taken under sections (I) reproductive dysfunctions, a hazardous air pollutant (HAP). 313(d) and 313(e)(1) of EPCRA, 42 (II) neurological disorders, Acetonitrile is also on the list of U.S.C. 11023. EPCRA is also referred to (III) heritable genetic mutations, or hazardous constituents (Appendix VIII as Title III of the Superfund (IV) other chronic health effects. to Part 261) and can qualify as listed

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14243

hazardous waste (U003) under the cyanide. Data demonstrate that the 2. Effects of Subchronic and Chronic Resource Conservation and Recovery metabolism to cyanide is oxygen- and Exposure Act (RCRA). NADPH-dependent (Ref. 3), and Subchronic inhalation exposure to On February 4, 1998, EPA received a mediated by cytochrome P450 isozyme acetonitrile resulted in an increase in petition from BP Chemicals Inc. (BP) 2E1 (or P–450j) production of a reactive mortality in rats at 1,600 ppm and GNI Chemicals Corporation intermediate, methyl cyanohydrine (calculates to approximately 505 mg/kg- (GNICC) to delete acetonitrile from the (Refs. 4, 5, and 6). Formaldehyde and day) and in mice at 800 ppm (calculates list of chemicals reportable under formic acid are also by-products of to approximately 402 mg/kg-day) (Ref. EPCRA section 313 and PPA section acetonitrile metabolism (Ref. 4). 13). 6607, stating that acetonitrile meets all Cyanide is further oxidized and Following subchronic inhalation of the criteria for delisting under EPCRA conjugated to thiocyanate, a less toxic exposure in rats, the mortality incidence section 313(d)(3). On March 5, 1999 (64 compound that is excreted in urine, but was 0/20 in each of the 0, 100, 200 and FR 10597), EPA denied the petition one that has been shown to interfere 400 ppm groups, 1/20 in the 800 ppm based on a determination that with thyroid function (Ref. 7). group (one death occurring on day 5), acetonitrile meets the listing criteria of and 9/20 in the 1,600 ppm group (four EPCRA section 313(d)(2)(B) and B. Toxicity Evaluation deaths occurring on day 2, one each on (d)(2)(C) due to its potential to cause days 7, 9, 10, 11, and 23) (Ref. 13). neurotoxicity and death in humans and 1. Effects of Acute Exposure Clinical signs at the two high- its contribution to the formation of Humans acutely exposed to sublethal concentration groups included ozone in the environment. doses of acetonitrile developed effects In September 2000, based on hypoactivity and ruffled fur during the that are generally attributed to additional reviews, EPA reversed its first week. Ataxia, abnormal posture, metabolism of acetonitrile to cyanide previous position that acetonitrile was a and clonic convulsions occurred in the (Ref. 8). Several cases were reported in chronic neurotoxicant (Ref. 1). 1,600 ppm males that died. In addition, which children or adults ingested large a decrease in hematocrit, hemoglobin, On June 28, 2002, EPA received a ≈ second petition from BP to delete amounts of acetonitrile ( 250 to 4,000 and erythrocytes was observed in male acetonitrile from the list of chemicals milligrams/kilogram (mg/kg)) (Ref. 9). rats at 1,600 ppm and in female rats at ≥ reportable under EPCRA section 313. Symptoms exhibited by poisoning 800 ppm. Changes in organ weights Specifically, BP argues that acetonitrile victims include anxiety, confusion, were also observed, primarily at the ≥ meets all of the criteria for delisting hyperpnea, dyspnea, rapid pulse, highest dose in male rats and at 800 under EPCRA section 313(d)(3) because: unconsciousness, and convulsions (Ref. ppm in female rats, and include (1) Under generally accepted scientific 9). Cyanide was detected in the blood of decreases in absolute and relative principles, chronic mortality is not an these individuals. Case reports of acute thymus weight, increases in absolute issue for concern; and (2) EPA’s Office occupational exposure to acetonitrile and/or relative liver and kidney weight, of Air Quality Planning and Standards indicate that workers exhibited nausea, and decreases and increases in brain (OAQPS) has concluded that shallow and/or irregular respiration, and heart weight, respectively. acetonitrile does not have sufficient and impaired motor activity. An Histopathologic effects were limited to photochemical reactivity to contribute autopsy of a worker who died shortly rats that died at 800 and 1,600 ppm; to ozone formation. Subsequent to BP’s after exposure revealed cerebral, effects observed include congestion, filing of the petition on June 28, 2002, thyroid, liver, splenic, and renal edema, and hemorrhage in the lung BP formed Innovene USA LLC as its congestion (Ref. 9). Gastric erosion has alveoli. olefin, derivatives and refining group, been reported in individuals who Following subchronic inhalation which was then acquired from BP by ingested acetonitrile (Refs. 10 and 11). exposure in mice, the mortality INEOS USA, LLC (INEOS), which has incidence was 0/20 in each of the 0, 100 In animals, oral LD50 values (i.e., the taken over the petition. and 200 ppm groups, 1/20 in the 400 dose of a chemical that is lethal to 50 ppm group (death occurring on day 13), IV. What is EPA’s technical review of percent of the test organisms) have been 5/20 in the 800 ppm group (deaths acetonitrile? reported for the mouse (269–453 mg/kg) occurring on days 20, 21, 45, 69, 89) and In response to the petition to delete and the rat (1,730–4,050 mg/kg) and 20/20 in the 1,600 ppm group (all acetonitrile from the list of chemicals inhalation LC50 values (i.e., the deaths occurring by day 21) (Ref. 13). reportable under EPCRA section 313 concentration of a chemical that is Changes in organ weights were and PPA section 6607, EPA prepared a lethal to 50 percent of the test observed, including increased absolute Technical Review of Acetonitrile organisms) of 12,000, 16,000, and and/or relative liver weight at ≥100 ppm (Methyl Cyanide) (Ref. 2). The sections 7,551–12,435 parts per million (ppm) in males and ≥400 ppm in females and below summarize the human health have been reported for the rat for 2, 4, increased relative lung weight at ≥200 hazard information contained in the and 8 hour exposures, respectively, and ppm in males. Technical Review. The review did not for the mouse following 1–2 hour Effects were not observed in rats or consider acetonitrile’s status as a exposures (2,300–5,700 ppm) (Ref. 9). A mice following chronic inhalation volatile organic compound (VOC) and 1-hour LC50 estimate for acetonitrile in exposure to 400 ppm (calculates to thus its contribution to the formation of mice was reported to be 2,693 ppm (Ref. approximately 126 mg/kg-day) ozone in the environment since EPA no 6). A recent study (Ref. 12) reported a acetonitrile in rats and 200 ppm longer considers these factors as a basis slightly higher oral LD50 of 617 mg/kg (calculates to approximately 100 mg/kg- for listing under EPCRA section for Crl:CD–1(ICR)BR mice and an day) acetonitrile in mice (Ref. 13). The 313(d)(2) (70 FR 37698). inhalation LC50 of 3,587 ppm for this concentrations at which effects were strain. Observational signs of toxicity observed in the 13-week study were not A. Metabolism reported in animals after acute exposure tested in the chronic study, and, in Acetonitrile is metabolized to to acetonitrile include dyspnea, addition, two of the three principal inorganic cyanide through the tachypnea, tremors, and convulsions in reviewers of the study suggested that the intermediate production of hydrogen various studies (Ref. 9). highest exposure concentrations applied

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14244 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

in the chronic study (200 ppm-mouse; Inhalation and oral exposure in rats group is not due to a single acute 400 ppm-rat) were too low and one and rabbits resulted in both maternal exposure to sufficiently high acetonitrile reviewer suggested concentrations and developmental toxicity. Maternal concentrations, but rather is best should have been as high as 800 ppm mortality was observed in rats at explained as being the result of long- (Ref. 13). inhalation concentrations of 1,827 ppm term repeated exposures. The observed (Ref. 17) and oral doses of 275 mg/kg- exposure-response relationship for 3. Carcinogenicity day (Ref. 18), and at 30 mg/kg-day in acetonitrile demonstrates that a There are no studies evaluating the rabbits (Ref. 16). In rats, inhalation threshold exists at which acetonitrile carcinogenicity of acetonitrile in exposure to 1,827 ppm resulted in an exposure levels are sufficient to cause humans. Other data pertinent to the increase in the percentage of nonlive mortality from chronic exposure, and, as assessment of potential carcinogenicity implants per litter and early resorptions such, mortality would not necessarily be include a National Toxicology Program (Ref. 17). In rats, there was an increase expected following chronic exposure at (NTP) cancer bioassay in mice and rats. in post-implantation loss and in the the doses tested in the NTP 2-year study NTP concluded that the evidence for number of fetuses with unossified because the acetonitrile exposure levels carcinogenicity via inhalation of sternebrae and a decrease in number of in the study design were not sufficient acetonitrile in male F344/N rats was live fetuses per dam at the oral dose of to cause mortality. equivocal (Ref. 13). Although there was 275 mg/kg-day (Ref. 18). A decrease in In addition, in 1999, EPA’s Integrated a statistically significant positive trend the average number of live fetuses per Risk Information System (IRIS) in the incidences of hepatocellular litter was observed in rabbits at 30 mg/ Toxicological Review of Acetonitrile adenomas, carcinomas, and adenomas kg-day (Ref. 16). While developmental (Ref. 8) set the reference concentration and carcinomas (combined) in male rats toxicity was observed at doses that (RfC) for acetonitrile based on this same only, the incidences were not produced maternal toxicity or mortality, 13-week mouse inhalation study (Ref. statistically significant by pairwise it is inadequate to assume that the 13). The IRIS Toxicological Review of comparison or by life table analysis. developmental effects result only from Acetonitrile identified the 400 ppm There was no evidence of maternal toxicity, and the results may concentration in the NTP (1996) mouse carcinogenicity in female rats or in indicate that both lifestages, the adult study as a frank effect level (FEL) and either male or female B6C3F1 mice (Ref. and developing offspring, are sensitive the critical effect in the derivation of the 13). to the dose level (Ref. 19). reference concentration (RfC), given the death of a mouse at week 2 at 400 ppm 4. Developmental and Reproductive V. What is EPA’s summary of the and the increased mortality at 800 ppm. Toxicity technical review? The FEL is a level of exposure or dose Based on the available data, and given that produces irreversible, adverse Following acute inhalation exposure the severity of the effect, mortality, EPA effects at a statistically or biologically to 3,800 ppm acetonitrile to hamsters on concludes that there is sufficient significant increase in frequency or a single day during gestation day 8 evidence to support a concern for severity between those exposed and (GD8), an increase in maternal toxicity moderately high toxicity from exposure those not exposed. The RfC is an and mortality was observed; at higher to acetonitrile. In assessing mortality ≥ estimate of a continuous inhalation exposure concentrations ( 5,000 ppm), following acetonitrile exposure, the exposure to the human population an increase in severe fetal abnormalities, patterns in the timing of death across (including sensitive subgroups) that is including exencephaly, encephalocoele, exposures demonstrates the chronic likely to be without an appreciable risk and rib fusions was reported (Ref. 14). nature of the effect. Mortality was of deleterious effects during a lifetime. Following acute oral ingestion of observed in the 13-week mouse Such a ‘‘lifetime’’ exposure value, set by acetonitrile in hamsters on a single day inhalation study in the 800 and 1600 IRIS based on the 13-week mouse at GD8, a decrease in fetal body weight ppm treatment groups (Ref. 13). The inhalation study, is based on chronic was observed at the lowest observed first occurrence of mortality in the 800 effects, and would be unnecessary if adverse effect level (LOAEL) of 100 mg/ ppm treatment group was not observed IRIS found only acute effects. kg (the LOAEL for maternal toxicity was until day 20 and single deaths 300 mg/kg) (Ref. 14). In rats, a single continued on days 21, 45, 69 and 89 of VI. What is EPA’s rationale for the oral dose of 2,000 mg/kg on GD10 the 13-week study. This pattern of denial? resulted in dysmorphogenic features, mortality is dissimilar to that observed EPA is denying the petition to delete including misdirected allantois and/or in the 13-week mouse inhalation study acetonitrile from the EPCRA section 313 trunk and caudal extremity (Ref. 15). at 1,600 ppm, where initial deaths were list of toxic chemicals. This denial is Mortality was not observed in dams observed in the first week and all mice based on EPA’s conclusion that exposed to 2,000 mg/kg acetonitrile on died by day 21 (Ref. 13). acetonitrile can reasonably be GD10; however, dams exhibited clinical Based on the observed pattern of anticipated to cause serious or signs of toxicity including piloerection, death in the 800 ppm treatment group irreversible chronic health effects in prostration, and/or tremors, and caused of the NTP 13-week mouse inhalation humans. Based on the available data, unspecified maternal weight loss study, beginning at the end of the third and given the severity of the effect, between GDs 10 and 12 (Ref. 15). In a week and extending through the mortality, EPA concludes that there is oral gavage study, New Zealand white termination of the study, it can be sufficient evidence to support a concern rabbits were administered acetonitrile reasonably anticipated that additional for moderately high toxicity from on GDs 6–18, which resulted in a acetonitrile-induced mortality would chronic exposure to acetonitrile. decrease in the average number of live have continued beyond the termination Because EPA believes that acetonitrile fetuses per litter at 30 mg/kg-day, as of the study and the sacrifice of has moderately high chronic toxicity, well as an increase in maternal surviving animals. Because the EPA does not believe that an exposure mortality and anorexia, ataxia, mortalities extended from the third assessment is appropriate for decreased motor activity, bradypnea, week of the study to study termination, determining whether acetonitrile meets dyspnea, and impaired righting reflex the data indicates that the mortality the criteria of EPCRA section (Ref. 16). observed in the 800 ppm treatment 313(d)(2)(B). This determination is

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14245

consistent with EPA’s published 8. U.S. EPA. 1999. Toxicological Review List of Subjects in 40 CFR Part 372 statement clarifying its interpretation of of Acetonitrile. Office of Research Environmental protection, the section 313(d)(2) and (d)(3) criteria and Development. Washington, DC. Community right-to-know, Reporting for modifying the section 313 list of January, 1999. Available at http:// and recordkeeping requirements, and toxic chemicals (59 FR 61432, www.epa.gov/iris/toxreviews/0205- Toxic chemicals. November 30, 1994). tr.pdf. 9. WHO (World Health Organization). Dated: February 25, 2013. VII. References 1993. Environmental Health Criteria Arnold E. Layne, EPA has established an official public 154: Acetonitrile. International Director, Office of Information Analysis and docket for this action under Docket ID Programme on Chemical Safety, Access. No. EPA–HQ–TRI–2006–0319. The Geneva, Switzerland. Available at [FR Doc. 2013–04933 Filed 3–4–13; 8:45 am] public docket includes information http://www.inchem.org/documents/ BILLING CODE 6560–50–P considered by EPA in developing this ehc/ehc/ehc154.htm. action, including the documents listed 10. Ballantyne, B. 1983. Artifacts in the definition of toxicity by cyanides below, which are electronically or DEPARTMENT OF THE INTERIOR physically located in the docket. In and cyanogens. Fundam. Appl. addition, interested parties should Toxicol. 3:400–408. Fish and Wildlife Service consult documents that are referenced 11. Way, J.L. 1981. Pharmacologic in the documents that EPA has placed aspects of cyanide and its 50 CFR Part 17 in the docket, regardless of whether antagonism. In: Cyanide in Biology. these referenced documents are Vennesland, B., E.E. Conn, C.J. [Docket No. FWS–R8–ES–2009–0062; electronically or physically located in Knowles et al., eds. New York, NY: 4500030114] the docket. For assistance in locating Academic Press. pp. 29–49. RIN 1018–AW85 documents that are referenced in 12. Moore, N.P., R.J. Hilaaski, T.D. Morris et al. 2000. Acute and documents that EPA has placed in the Endangered and Threatened Wildlife subacute toxicological evaluation of docket, but that are not electronically or and Plants; Designation of Critical acetonitrile. Int. J. Toxicol. 19:363– physically located in the docket, please Habitat for the Buena Vista Lake Shrew consult the person listed in the above 364. FOR FURTHER INFORMATION CONTACT 13. NTP (National Toxicology Program). AGENCY: Fish and Wildlife Service, section. 1996. Toxicology and Interior. carcinogenesis studies of 1. U.S. EPA. 2000. OPPT/RAD Decision ACTION: Proposed rule; revision and acetonitrile (CAS NO. 75–05–8) in on Neurotoxicity Endpoint for reopening of comment period. Acetonitrile. Office of Pollution F344/N rats and B6C3F1 mice Prevention and Toxics, Washington, (inhalation studies). NTP Technical SUMMARY: We, the U.S. Fish and DC. Report Series 447. Wildlife Service (Service), announce the 14. Willhite, C.C. 1983. Developmental 2. U.S. EPA, 2012. Technical Review of reopening of the comment period on the toxicology of acetonitrile in the Acetonitrile (Methyl Cyanide). July 10, 2012, revised proposal to Syrian golden hamster. Teratology. Office of Environmental designate critical habitat for the Buena 27:313–325. Information. Washington, DC. Vista Lake shrew (Sorex ornatus 15. Saillenfait, A.M. and J.P. Sabate´. November 5, 2012. relictus) (shrew) under the Endangered 2000. Comparative developmental Species Act of 1973, as amended (Act). 3. Freeman, J.J. and E.P. Hayes. 1988. toxicities of aliphatic nitriles: In Microsomal metabolism of We announce a revision of the unit map vivo and in vitro observations. labels. We provide maps with correct acetonitrile to cyanide. Biochem. Toxicol. Appl. Pharmacol. 163:149– Pharmacol. 37:1153–1159. labels for all proposed units herein. We 163. also announce the availability of a draft 4. Ahmed, A.E., J.P. Loh, B. Ghanayem 16. Argus Research Laboratories, Inc. et al. 1992. Studies on the economic analysis (DEA) of the revised 1984. Embryofetal toxicity and critical habitat proposal, and of an mechanism of acetonitrile toxicity: teratogenicity study of acetonitrile I. Whole body autoradiographic amended required determinations in New Zealand White rabbits section of the revised proposal. We are distribution and macromolecular (Segment II evaluation). interaction of 214C-acetonitrile in reopening the comment period for an Washington, DC: Office of Toxic additional 60 days to allow all mice. Pharmacol. Toxicol. 70:322– Substances submission. Microfiche 330. interested parties an opportunity to No. OTS 507279. comment on the revised proposed rule, 5. Feierman, D.E. and A.I. Cederbaum. 17. Saillenfait, A.M., P. Bonnet, J.P. the associated DEA, and the amended 1989. Role of cytochrome P–450 Guenier et al. 1993. Relative required determinations section. IIE1 and catalase in the oxidation of developmental toxicities of inhaled Furthermore, we announce a public acetonitrile to cyanide. Chem. Res. aliphatic mononitriles in rats. hearing for the purpose of taking oral or Toxicol. 2:359–66. Fundam. Appl. Toxicol. 20:365– written comments on those documents. 6. Willhite, C.C. and R.P. Smith. 1981. 375. Comments previously submitted need The role of cyanide liberation in the 18. Johannsen, F.R., G.J. Levinskas, P.E. not be resubmitted, as they will be fully acute toxicity of aliphatic nitriles. Berteau et al. 1986. Evaluation of considered in preparation of the final Toxicol. Appl. Pharmacol. 59:559– the teratogenic potential of three rule. 602. aliphatic nitriles in the rat. 7. Hartung, R. 1982. Cyanides and Fundam. Appl. Toxicol. 7:33–40. DATES: Written Comments: We will nitriles. In: Patty’s Industrial 19. U.S. EPA. 1991. Guidelines for consider comments received on or Hygiene and Toxicology, 3rd Rev. Developmental Toxicity Risk before May 6, 2013. Comments must be Ed. Patty, F.A., G.D. Clayton, F.E. Assessment. Risk Assessment received by 11:59 p.m. Eastern Time on Clayton et al., eds. New York: Forum, Washington, DC. EPA/600/ the closing date. Any comments that we Wiley. pp. 4845–4900. FR–91/001. receive after the closing date may not be

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14246 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

considered in the final decision on this Public Comments (7) The likelihood of adverse social action. We will accept written comments and reactions to the designation of critical Public Hearing: We will hold the information during this reopened habitat, as discussed in the DEA, and public hearing on March 28, 2013. The comment period on our revised how the consequences of such reactions, first hearing session will start at 1:00 proposed designation of critical habitat if likely to occur, would relate to the p.m. Pacific Time with doors opening at for the shrew that we published in the conservation and regulatory benefits of 12:30, and the second session at 6 p.m. Federal Register on July 10, 2012 (77 FR the proposed revised critical habitat with doors opening at 5:30. The location 40706), our DEA of the revised proposed designation. of the hearing is under ADDRESSES, designation, and the amended required (8) Whether any specific areas being below. determinations provided in this proposed as critical habitat should be excluded under section 4(b)(2) of the ADDRESSES: Document availability: You document. We will consider may obtain copies of the DEA and the information and recommendations from Act, and whether the benefits of potentially excluding any particular revised proposed rule on the Internet at all interested parties. We are area outweigh the benefits of including http://www.regulations.gov at Docket particularly interested in comments that area under section 4(b)(2) of the No. FWS–R8–ES–2009–0062, or by mail concerning: Act. See Areas Previously Considered from the Sacramento Fish and Wildlife (1) The reasons why we should or for Exclusion Under Section 4(b)(2) of Office (see FOR FURTHER INFORMATION should not designate habitat as ‘‘critical the Act section below for further CONTACT). habitat’’ under section 4 of the Act (16 Written Comments: You may submit U.S.C. 1531 et seq.), including whether discussion. If you submitted comments or written comments by one of the there are threats to the species from information on the 2009 proposed rule following methods: human activity, the degree of which can (74 FR 53999, Oct 21, 2009 and 76 FR (1) Electronically: Go to the Federal be expected to increase due to the 23781, April 28, 2011), or on the July eRulemaking Portal: http:// designation, and whether that increase 10, 2012, revised proposed rule (77 FR www.regulations.gov. Search for FWS– in threat outweighs the benefit of 40706) during any of the previous R8–ES–2009–0062, which is the docket designation such that the designation of comment periods, please do not number for this rulemaking. critical habitat is not prudent. resubmit them. We will incorporate (2) By hard copy: Submit by U.S. mail (2) Specific information on: them into the public record as part of or hand-delivery to: Public Comments (a) The distribution of the shrew, this comment period, and we will fully Processing, Attn: FWS–R8–ES–2009– including the locations of any consider them in the preparation of our 0062; Division of Policy and Directives additional populations of this species final determination. Our final Management; U.S. Fish and Wildlife that would help us further refine determination concerning revised Service; 4401 N. Fairfax Drive, MS boundaries of critical habitat; critical habitat will take into 2042–PDM; Arlington, VA 22203. Or (b) The amount and distribution of consideration all written comments and deliver them by hand at the public shrew habitat, including areas that any additional information we receive hearing (see Public Hearing, below). provide habitat for the shrew that we during all comment periods. On the We request that you send comments did not discuss in the revised proposed basis of public comments, we may, only by the methods described above. critical habitat rule; during the development of our final We will post all comments on http:// (c) Any areas occupied by the species determination, find that some areas www.regulations.gov. This generally at the time of listing that contain proposed are not essential, are means that we will post any personal features essential for the conservation of appropriate for exclusion under section information you provide us (see the the species that we should include in 4(b)(2) of the Act, or are not appropriate Public Comments section below for the designation, and why; and (d) Any areas not occupied at the time for exclusion. more information). of listing that are essential to the You may submit your comments and Public hearing: We will hold a public materials concerning the proposed rule hearing at the Doubletree Hotel, 3100 conservation of the species, and why. (3) Land use designations and current or DEA by one of the methods listed in Camino Del Rio Court, Bakersfield, or planned activities in the subject areas the ADDRESSES section. We request that California. The hearing will take place and their possible impacts on proposed you send comments only by the on the date and times indicated above revised critical habitat. methods described in the ADDRESSES under DATES. People needing reasonable (4) Any foreseeable economic, section. accommodations in order to attend and national security, or other relevant If you submit a comment via http:// participate should contact Robert Moler, impacts that may result from www.regulations.gov, your entire External Affairs Supervisor, Sacramento designating any area that may be comment—including any personal Fish and Wildlife Office, as soon as included in the final designation. We identifying information—will be posted FOR FURTHER INFORMATION possible (see are particularly interested in any on the Web site. We will post all CONTACT). impacts on small entities, and the hardcopy comments on http:// FOR FURTHER INFORMATION CONTACT: Jan benefits of including or excluding areas www.regulations.gov as well. If you Knight, Acting Field Supervisor, or from the proposed designation that are submit a hardcopy comment that Karen Leyse, Listing Coordinator, U.S. subject to these impacts. includes personal identifying Fish and Wildlife Service, Sacramento (5) Whether our approach to information, you may request at the top Fish and Wildlife Office, 2800 Cottage designating critical habitat could be of your document that we withhold this Way, Room W–2605, Sacramento, CA improved or modified in any way to information from public review. 95825; by telephone (916) 414–6600; or provide for greater public participation However, we cannot guarantee that we by facsimile (916) 414–6713. Persons and understanding, or to assist us in will be able to do so. who use a telecommunications device accommodating public concerns and Comments and materials we receive, for the deaf (TDD) may call the Federal comments. the DEA, as well as supporting Information Relay Service (FIRS) at (6) Information on the extent to which documentation we used in preparing the (800) 877–8339. the description of economic impacts in proposed rule, will be available for SUPPLEMENTARY INFORMATION: the DEA is complete and accurate. public inspection at http://

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14247

www.regulations.gov at Docket No. designate critical habitat for the Buena Critical Habitat FWS–R8–ES–2009–0062, or by Vista Lake shrew (74 FR 53999) Section 3 of the Act defines critical appointment, during normal business encompassing the same geographic area habitat as the specific areas within the hours, at the U.S. Fish and Wildlife as our August 19, 2004 (69 FR 51417), geographical area occupied by a species, Service, Sacramento Fish and Wildlife proposed designation. On April 28, at the time it is listed in accordance FOR FURTHER INFORMATION Office (see 2011 (76 FR 23781), we announced the with the Act, on which are found those CONTACT). availability of a draft economic analysis physical or biological features essential Background (DEA) showing the economic impacts of to the conservation of the species and the proposed critical habitat that may require special management It is our intent to discuss in this designation. In that document we document only those topics directly considerations or protection, and invited comments on the DEA and specific areas outside the geographical relevant to the designation of revised amended required determinations, and critical habitat for the shrew. For more area occupied by a species at the time we reopened the comment period for it is listed, upon a determination that information on previous Federal actions the proposed critical habitat concerning the shrew, refer to the such areas are essential for the designation. The document also conservation of the species. If the July proposed designation of critical habitat announced a public hearing, which was published in the Federal Register on 10, 2012, revised proposed rule is made held in Bakersfield, California, on June final, section 7 of the Act will prohibit October 21, 2009 (74 FR 53999). 8, 2011. Additional relevant information may be destruction or adverse modification of On March 6, 2012, the Service was found in the final rule to designate the designated critical habitat by any granted an extension by the Court to critical habitat for the Buena Vista Lake activity funded, authorized, or carried consider additional information on the shrew published on January 24, 2005 out by any Federal agency. Federal shrew that was identified during the (70 FR 3437). For more information on agencies proposing actions affecting 5-year review process (Center for the shrew or its habitat, refer to the final critical habitat must consult with us on listing rule published in the Federal Biological Diversity v. Kempthorne et the effects of their proposed actions, Register on March 6, 2002 (67 FR al., Case 1:08–cv–01490–AWI–GSA, under section 7(a)(2) of the Act. 10101), which is available online at filed March 7, 2012). The extension provided for submission of a revised Consideration of Impacts Under Section http://www.regulations.gov at Docket 4(b)(2) of the Act No. FWS–R8–ES–2009–0062, or by mail proposed rule to the Federal Register on from the Sacramento Fish and Wildlife or before June 29, 2012, with Section 4(b)(2) of the Act requires that submission of a final rule on or before Office (see FOR FURTHER INFORMATION we designate or revise critical habitat June 29, 2013. The revised proposed CONTACT). based upon the best scientific data rule was published in the Federal available, after taking into consideration Previous Federal Actions Register on July 10, 2012 (77 FR 40706), the economic impact, impact on On August 19, 2004, we proposed with a 60-day comment period ending national security, or any other relevant critical habitat for the shrew on September 10, 2012. We will submit for impact of specifying any particular area approximately 4,649 acres (ac) (1,881 publication in the Federal Register a as critical habitat. The Secretary may hectares (ha)) in Kern County, California final critical habitat designation for the exclude an area from critical habitat if (69 FR 51417). On January 24, 2005, we Buena Vista Lake shrew on or before he determines that the benefits of published in the Federal Register a final June 29, 2013. excluding the area outweigh the benefits rule (70 FR 3437) designating 84 ac (34 Correction to Maps of including the area as critical habitat, ha) of critical habitat for the shrew in provided such exclusion will not result Kern County, California. The decrease In the revised proposed rule to in the extinction of the species. in acreage between the proposed rule designated critical habitat for the Buena When considering the benefits of and final rule resulted from exclusions Vista Lake shrew (77 FR 40706; July 10, inclusion for an area, we consider the under section 4(b)(2) of the Act and, to 2012), we inadvertently mislabeled the additional regulatory benefits that area a small degree, refinements in our unit names on the maps for units 4–7; would receive from the protection from mapping of critical habitat boundaries. the labels for Units 4 and 5 were adverse modification or destruction as a On October 2, 2008, the Center for inadvertently reversed in the revised result of actions with a Federal nexus Biological Diversity filed a complaint, proposal, as were the labels for Units 6 (activities conducted, funded, challenging the Service’s designation of and 7. The correct index and unit maps permitted, or authorized by Federal critical habitat for the shrew, in the U.S. are included in the Proposed Regulation agencies), the educational benefits of District Court for the Eastern District of Promulgation section of this notice. The mapping areas containing essential California (Center for Biological correct unit names and unit numbers features that aid in the recovery of the Diversity v. United States Fish and include: Unit 1, Kern National Wildlife listed species, and any benefits that may Wildlife, et al., Case No. 08–CV–01490– Refuge (Subunits 1A, 1B, and 1C); Unit result from designation due to State or AWI–GSA). On July 9, 2009, the Court 2, Goose Lake; Unit 3, Kern Fan Federal laws that may apply to critical approved a stipulated settlement Recharge; Unit 4, Coles Levee; Unit 5, habitat. agreement in which the Service agreed Kern Lake; Unit 6, Semitropic; and Unit When considering the benefits of to submit a new proposed rule to the 7, Lemoore. Please see the July 10, 2012, exclusion, we consider, among other Federal Register within 90 days of the Federal Register notice on the revised things, whether exclusion of a specific signed agreement. The new proposed proposed designation of critical habitat area is likely to result in conservation; rule was to encompass the same for the Buena Vista Lake shrew (77 FR the continuation, strengthening, or geographic area as the August 19, 2004 40706) for additional information on the encouragement of partnerships; or (69 FR 51417), proposed critical habitat units proposed as critical habitat. The implementation of a management plan. designation. changes set forth in the rule portion of In the case of the shrew, the benefits of In accordance with the settlement this document are basically critical habitat include public awareness agreement, on October 21, 2009, we administrative and do not add or of the presence of the shrew and the published a new proposed rule to subtract any proposed critical habitat. importance of habitat protection, and,

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14248 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

where a Federal nexus exists, increased impacts are only quantified for The DEA estimates total potential habitat protection for the shrew due to conservation measures implemented incremental economic impacts in areas protection from adverse modification or specifically due to the designation of proposed as revised critical habitat over destruction of critical habitat. critical habitat (i.e., incremental the next 20 years (2013 to 2032) to be As discussed in the revised proposed impacts). For a further description of the approximately $130,000 (rounded to rule, we have not proposed to exclude methodology of the analysis, see two significant digits) ($11,000 any areas from critical habitat Chapter 2 ‘‘Framework of the Analysis,’’ annualized) in present-value terms designation, although we are of the DEA. applying a 7 percent discount rate considering whether to exclude the The DEA provides estimated costs of (Industrial Economics Inc. (IEc) 2013, p. Kern Fan Water Discharge (Unit 3) the foreseeable potential economic 4–4). Administrative costs associated (2,687 ac (1,088 ha)). We also have impacts of the proposed critical habitat with section 7 consultations on a variety received comments from several entities designation for the Buena Vista Lake of activities (including pipeline requesting to exclude other areas based shrew over the next 20 years (2013 to construction and removal, delivery of on economic or other concerns. We will 2032). This was determined to be an water supplies under the Central Valley evaluate these additional exclusion appropriate period for analysis because Project, pesticide applications for requests during our development of a limited planning information is invasive species, and restoration final designation. The final decision on available for most economic activities in activities) in proposed critical habitat whether to exclude any areas will be the area beyond a 20-year timeframe. It Units 1, 2, and 3 are accounting for based on the best scientific data identifies potential incremental costs approximately 88 percent of the forecast available at the time of the final due to the proposed critical habitat incremental impacts (IEc 2012, p. 4–4). designation, including information designation; these are those costs Pacific Gas and Electric (PG&E) has obtained during the various comment attributed to critical habitat that are in facilities in three of the proposed periods and information about the addition to the baseline costs attributed critical habitat units. Impacts associated economic impact of designation. to listing. with section 7 consultations on PG&E Accordingly, we have prepared a draft The DEA quantifies economic impacts operations and maintenance activities economic analysis (DEA) concerning the of Buena Vista Lake shrew conservation represent approximately 31 percent of revised proposed critical habitat efforts associated with the following the total incremental costs and are designation, which is available for categories of activity: (1) Water expected to total $40,000 over the next review and comment at http:// availability and delivery; (2) agricultural 20 years. Incremental impacts due to www.regulations.gov at Docket No. production; and (3) energy costs of internal consultations at the FWS–R8–ES–2009–0062 (see ADDRESSES development. The DEA considers both Kern National Wildlife Refuge are section). A previous DEA analyzing the economic efficiency and distributional expected to total $17,000 over the next effects that may result from efforts to economic impacts of the 2009 proposed 20 years, which represents protect the shrew and its habitat. critical habitat designation (74 FR approximately 13 percent of total Economic efficiency effects generally 53999) is also available at that site. The incremental impacts. Incremental costs reflect the ‘‘opportunity costs’’ new DEA analyzes economic impacts of section 7 consultations with the U.S. associated with the commitment of from the revised proposed critical Army Corps of Engineers due to Clean resources required to accomplish habitat designation, published in the Water Act (33 U.S.C. 1251 et seq.) species and habitat conservation. The Federal Register July 10, 2012 (77 FR permitting are estimated to total 40706). DEA also addresses how potential $15,000, and represent approximately economic impacts are likely to be 12 percent of total incremental costs. Draft Economic Analysis distributed. The purpose of the DEA is to identify The DEA concludes that incremental Finally, the present-value incremental and analyze the potential economic impacts resulting from the critical impact of reviewing an update to the impacts associated with the proposed habitat designation are limited to City of Bakersfield’s management plan critical habitat designation for the additional administrative costs of and one estimated formal section 7 shrew. The DEA separates conservation section 7 consultation. There are two consultation over the next 20 years for measures into two distinct categories primary sources of uncertainty the shrew at Unit 3 is estimated at according to ‘‘without critical habitat’’ associated with the incremental effects $7,800, and represents approximately 6 and ‘‘with critical habitat’’ scenarios. analysis: (1) The actual rate of future percent of the overall incremental The ‘‘without critical habitat’’ scenario consultation is unknown, and (2) future impacts. No incremental impacts are represents the baseline for the analysis, land use on private lands is uncertain. estimated to be incurred by Aera Energy considering protections otherwise The analysis does not identify any LLC for their activities at the Coles afforded to the shrew (e.g., under the future projects on private lands beyond Levee Ecosystem Preserve (IEc 2012, p. Federal listing and other Federal, State, those covered by existing baseline 4–9). and local regulations). The ‘‘with projections. Within critical habitat The incremental costs described critical habitat’’ scenario describes the units, section 7 consultation on the above are further broken down by incremental impacts specifically due to shrew has not occurred on private lands location of expected incremental costs designation of critical habitat for the that are not covered by conservation within the seven proposed critical species. In other words, these plans (Units 2 and 5). As a result, the habitat units. The greatest incremental incremental conservation measures and analysis does not forecast incremental impacts are due to cost of section 7 associated economic impacts would not impacts due to conservation measures consultations forecast to occur for occur but for the designation. being implemented as a result of the activities within the Kern Fan Recharge Conservation measures implemented designation of critical habitat. However, area (proposed Unit 3) ($79,000), and under the baseline (without critical if zoning of these lands changes in the make up 61 percent of the overall habitat) scenario are described future (such as for urban residential or incremental impacts. The second largest qualitatively within the DEA, but commercial development) and new incremental impacts are predicted to economic impacts associated with these projects are identified, conservation occur within the Kern National Wildlife measures are not quantified. Economic measures for the shrew may change. Refuge (proposed Unit 1) with present-

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14249

value impacts at $22,000, comprising Unfunded Mandates Reform Act (2 if potential economic impacts to these just over 17 percent of the overall U.S.C. 1501 et seq.), the Paperwork small entities are significant, we incremental impacts. Incremental Reduction Act of 1995 (44 U.S.C. 3501 considered the types of activities that impacts associated with section 7 et seq.), the National Environmental might trigger regulatory impacts under consultations for activities occurring on Policy Act (42 U.S.C. 4321 et seq.), and this designation as well as types of the Goose Lake Unit (proposed Unit 2), the President’s memorandum of April project modifications that may result. In are forecast at $14,000 of present-value 29, 1994, ‘‘Government-to-Government general, the term ‘‘significant economic impacts, and makes up 11 percent of the Relations with Native American Tribal impact’’ is meant to apply to a typical overall incremental impacts. Governments’’ (59 FR 22951). However, small business firm’s business Incremental impacts due to section 7 based on the DEA data, we are operations. consultations occurring on the Coles amending our required determination To determine if the proposed Levee Unit (proposed Unit 4) are concerning the Regulatory Flexibility designation of critical habitat for the estimated to be $7,200 in present-value Act (5 U.S.C. 601 et seq.) shrew would affect a substantial number impacts, comprising 6 percent of total of small entities, we considered the Regulatory Flexibility Act (5 U.S.C. 601 incremental impacts. No projected number of small entities affected within et seq.) incremental impacts are forecast to particular types of economic activities, occur on the Kern Lake Unit (proposed Under the Regulatory Flexibility Act such as water availability and delivery, Unit 5). The consultations forecast for (RFA; 5 U.S.C. 601 et seq.), as amended agricultural production, or energy proposed critical habitat Units 2 and 5 by the Small Business Regulatory development. In order to determine are limited to those associated with Enforcement Fairness Act of 1996 whether it is appropriate for our agency occasional permitted pipeline, (SBREFA; 5 U.S.C. 801 et seq.), to certify that this proposed rule would restoration, or water projects. The whenever an agency is required to not have a significant economic impact incremental impacts associated with publish a notice of rulemaking for any on a substantial number of small section 7 consultations for activities proposed or final rule, it must prepare entities, we considered each industry or occurring on the Semitropic unit (Unit and make available for public comment category individually. In estimating the 6) are forecast at $5,900 of present-value a regulatory flexibility analysis that numbers of small entities potentially impacts and make up 5 percent of the describes the effects of the rule on small affected, we also considered whether overall incremental impacts. entities (i.e., small businesses, small their activities have any Federal Incremental impacts due to section 7 organizations, and small government involvement. Critical habitat consultations occurring on the Lemoore jurisdictions). However, no regulatory designation will not affect activities that unit (Unit 7) are estimated to be $1,100 flexibility analysis is required if the do not have any Federal involvement; in present-value impacts, comprising head of the agency certifies the rule will designation of critical habitat only less than 1 percent of total incremental not have a significant economic impact affects activities conducted, funded, impacts. on a substantial number of small permitted, or authorized by Federal As stated earlier, we are soliciting entities. The SBREFA amended the RFA agencies. In areas where the shrew is data and comments from the public on to require Federal agencies to provide a present, Federal agencies already are the DEA, as well as on all aspects of the certification statement of the factual required to consult with us under proposed rule and our amended basis for certifying that the rule will not section 7 of the Act on activities they required determinations. We may revise have a significant economic impact on fund, permit, or implement that may the proposed rule or supporting a substantial number of small entities. affect the species. If we finalize this documents to incorporate or address Based on our DEA of the proposed proposed critical habitat designation, information we receive during the designation, we provide our analysis for consultations to avoid the destruction or public comment period. In particular, determining whether the proposed rule adverse modification of critical habitat we may exclude an area from critical would result in a significant economic would be incorporated into the existing habitat if we determine that the benefits impact on a substantial number of small consultation process. of excluding the area outweigh the entities. Based on comments we receive, In the DEA, we evaluated the benefits of including the area, provided we may revise this determination as part potential economic effects on small the exclusion will not result in the of our final rulemaking. entities resulting from implementation extinction of this species. According to the Small Business of conservation actions related to the Administration, small entities include proposed designation of critical habitat Required Determinations—Amended small organizations such as for the shrew. The DEA did not identify In our July 10, 2012, revised proposed independent nonprofit organizations; any entities meeting the definition as rule (77 FR 40706), we indicated that we small governmental jurisdictions, small (IEc 2012, pp. A–2–A–3). would defer our determination of including school boards and city and However, we acknowledge that third- compliance with several statutes and town governments that serve fewer than party proponents of an action subject to executive orders until the information 50,000 residents; and small businesses Federal permitting or funding may be concerning potential economic impacts (13 CFR 121.201). Small businesses indirectly affected by critical habitat of the designation and potential effects include manufacturing and mining designation. The DEA, therefore, on landowners and stakeholders became concerns with fewer than 500 includes a brief evaluation of the available in the DEA. We have now employees, wholesale trade entities potential number of third-party small made use of the DEA data to make these with fewer than 100 employees, retail business entities likely to be affected if determinations. In this document, we and service businesses with less than $5 this critical habitat designation is affirm the information in our proposed million in annual sales, general and finalized. In total, the DEA estimates rule concerning Executive Order (E.O.) heavy construction businesses with less $26,000 in incremental impacts may be 12866 (Regulatory Planning and than $27.5 million in annual business, borne by third-party participants in Review), E.O. 12630 (Takings), E.O. special trade contractors doing less than section 7 consultation. As shown in 13132 (Federalism), E.O. 12988 (Civil $11.5 million in annual business, and Exhibit A–1 of the DEA, none of these Justice Reform), E.O. 13211 (Energy, agricultural businesses with annual third-party entities meets SBA’s Supply, Distribution, and Use), the sales less than $750,000. To determine definition of a small government or

VerDate Mar<15>2010 13:45 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14250 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

business (IEc 2012, pp. A–4—A–6). document is available on the Internet at ■ 2. In § 17.95, the critical habitat Please refer to the DEA of the proposed http://www.regulations.gov or by designation for ‘‘Buena Vista Lake critical habitat designation for a more contacting the Sacramento Fish and Shrew (Sorex ornatus relictus)’’ is detailed discussion of potential Wildlife Office (see FOR FURTHER proposed to be amended by revising economic impacts. INFORMATION CONTACT). paragraphs (a)(4) through (15) to read as follows: In summary, we have considered Authors whether the proposed designation § 17.95 Critical habitat—fish and wildlife. would result in a significant economic The primary authors of this notice are impact on a substantial number of small the staff members of the Sacramento (a) Mammals. Fish and Wildlife Office, Region 8, U.S. entities. Information for this analysis * * * * * Fish and Wildlife Service. was gathered from the Small Business Buena Vista Lake Shrew (Sorex Administration, stakeholders, and the Authority ornatus relictus) Service. We estimate that no (roughly The authority for this action is the zero as identified in the DEA) small * * * * * Endangered Species Act of 1973, as business will be affected annually by (4) Critical habitat map units. Data amended (16 U.S.C. 1531 et seq.). designation of this proposed critical layers defining map units were created habitat. However, based on comments Proposed Regulation Promulgation on a base of USGS digital ortho-photo we receive, we may revise this estimate quarter-quadrangles, and critical habitat Accordingly, we propose to further units were then mapped using Universal as part of our final rulemaking. For the amend part 17, subchapter B of chapter above reasons and based on currently Transverse Mercator (UTM) Zone 11 I, title 50 of the Code of Federal coordinates. available information, we certify that, if Regulations, as proposed to be revised at promulgated, the proposed critical 77 FR 40706 (July 10, 2012), as set forth (5) The coordinates for these maps are habitat designation would not have a below: available on the Internet at http:// significant economic impact on a www.regulations.gov at Docket No. substantial number of small business PART 17—[AMENDED] FWS–R8–ES–2009–0062, at http:// entities. Therefore, an initial regulatory www.fws.gov/sacramento/, or at the flexibility analysis is not required. ■ 1. The authority citation for part 17 Sacramento Fish and Wildlife Office. continues to read as follows: Field office location information may be References Cited Authority: 16 U.S.C. 1361–1407, 1531– obtained at the Service regional offices, A complete list of all references we 1544, and 4201–4245, unless otherwise the addresses of which are at 50 CFR cited in the proposed rule and in this noted. 2.2.

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14251

(6) The index map of critical habitat (Sorex ornatus relictus) in Kern and units for the Buena Vista Lake shrew Kings Counties, California, follows: BILLING CODE 4310–55–P

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.000 14252 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

(7) Subunit 1A: Kern National California. Map of Subunits 1A, 1B, and Wildlife Refuge, Kern County, 1C follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.001 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14253

(8) Subunit 1B: Kern National (9) Subunit 1C: Kern National (10) Unit 2: Goose Lake, Kern County, Wildlife Refuge, Kern County, Wildlife Refuge, Kern County, California. Map follows: California. Map of Subunits 1A, 1B, and California. Map of Subunits 1A, 1B, and 1C is provided at paragraph (7) of this 1C is provided at paragraph (7) of this entry. entry.

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.002 14254 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

(11) Unit 3: Kern Fan Recharge, Kern County, California. Map follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.003 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14255

(12) Unit 4: Coles Levee, Kern County, California. Map follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.004 14256 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

(13) Unit 5: Kern Lake, Kern County, California. Map follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.005 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14257

(14) Unit 6: Semitropic, Kern County, California. Map follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4725 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.006 14258 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

(15) Unit 7: Lemoore, Kings County, California. Map follows:

* * * * * Dated: February 19, 2013. Rachel Jacobsen, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–04785 Filed 3–4–13; 8:45 am] BILLING CODE 4310–55–C

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP05MR13.007 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14259

DEPARTMENT OF COMMERCE confidential business information, or to 2012) of Pacific whiting to the tribal otherwise sensitive information fishery, following the process National Oceanic and Atmospheric submitted voluntarily by the sender will established in 50 CFR 660.50(d). The Administration be publicly accessible. NMFS will tribal allocation is subtracted from the accept anonymous comments (enter U.S. Pacific whiting TAC before 50 CFR Part 660 ‘‘N/A’’ in the required fields if you wish allocation to the non-tribal sectors. To date, only the Makah Tribe has [Docket No. 130114034–3034–01] to remain anonymous). Attachments to electronic comments will be accepted in prosecuted a tribal fishery for Pacific RIN 0648–BC93 Microsoft Word, Excel, or Adobe PDF whiting. The Makah Tribe has annually file formats only. harvested a whiting allocation every Magnuson-Stevens Act Provisions; year since 1996 using midwater trawl Fisheries off West Coast States; FOR FURTHER INFORMATION CONTACT: Kevin C. Duffy (Northwest Region, gear. Since 1999, the tribal allocation Pacific Coast Groundfish Fishery; 2013 has been made in consideration of their Tribal Fishery for Pacific Whiting NMFS), phone: 206–526–4743, fax: 206– 526–6736 and email: participation in the fishery. In 2008 the AGENCY: National Marine Fisheries [email protected]. Quileute Tribe and Quinault Indian Nation expressed an interest in Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: Atmospheric Administration (NOAA), commencing participation in the Commerce. Electronic Access whiting fishery. Tribal allocations for 2009–2012 were based on discussions ACTION: Proposed rule; request for This proposed rule is accessible via with all three tribes regarding their comments. the Internet at the Office of the Federal intent for those fishing years. The table Register Web site at https:// below provides a history of U.S. OYs/ SUMMARY: NMFS issues this proposed www.federalregister.gov. Background rule for the 2013 Pacific whiting fishery ACLs and the annual tribal allocation in information and documents are metric tons (mt). under the authority of the Pacific Coast available at the NMFS Northwest Region Groundfish Fishery Management Plan Web site at http://www.nwr.noaa.gov/ Tribal (FMP), the Magnuson Stevens Fishery Groundfish/Groundfish-Fishery- Year U.S. OY allocation Conservation and Management Act Management/Whiting-Management and (Magnuson-Stevens Act), and the Pacific at the Pacific Fishery Management 2000 ...... 232,000 mt ...... 32,500 mt. Whiting Act of 2006. This proposed rule 2001 ...... 190,400 mt ...... 27,500 mt. Council’s Web site at http:// 2002 ...... 129,600 mt ...... 22,680 mt. would establish a formula, specifically www.pcouncil.org/. [17.5 percent * (U.S. Total Allowable 2003 ...... 148,200 mt ...... 25,000 mt. Catch)] plus 16,000 metric tons (mt), for Background 2004 ...... 250,000 mt ...... 32,500 mt. 2005 ...... 269,069 mt ...... 35,000 mt. determining the Pacific whiting tribal The regulations at 50 CFR 660.50(d) 2006 ...... 269,069 mt ...... 32,500 mt. allocation for 2013 for Pacific Coast establish the process by which the tribes 2007 ...... 242,591 mt ...... 35,000 mt. Indian tribes that have a Treaty right to with treaty fishing rights in the area 2008 ...... 269,545 mt ...... 35,000 mt. harvest groundfish. covered by the FMP request new 2009 ...... 135,939 mt ...... 50,000 mt. DATES: Comments on this proposed rule allocations or regulations specific to the 2010 ...... 193,935 mt ...... 49,939 mt. must be received no later than April 4, 2011 ...... 290,903 mt ...... 66,908 mt. tribes, in writing, during the biennial 2012 ...... 186,037 mt TAC 1 48,556 mt. 2013. harvest specifications and management ADDRESSES: You may submit comments measures process. The regulations state 1 Beginning in 2012, the United States start- ed using the term Total Allowable Catch, on this document, identified by NOAA– that ‘‘the Secretary will develop tribal based on the Agreement between the Govern- NMFS–2013–0013 by any of the allocations and regulations under this ment of the United States of America and the following methods: paragraph in consultation with the Government of Canada on Pacific Hake/ • Electronic Submission: Submit all affected tribe(s) and, insofar as possible, Whiting. electronic public comments via the with tribal consensus.’’ The procedures In exchanges between NMFS and the Federal eRulemaking Portal. Go to NOAA employs in implementing tribal tribes during December 2012, and again www.regulations.gov/ treaty rights under the FMP, in place in January, 2013, the Makah and #!docketDetail;D=NOAA–NMFS–2013– since May 31, 1996, were designed to Quileute tribes indicated their intent to 0013; click the ‘‘Comment Now!’’ icon, provide a framework process by which participate in the tribal whiting fishery complete the required fields, and enter NOAA Fisheries can accommodate in 2013. The Quinault Indian Nation or attach your comments. tribal treaty rights by setting aside indicated that they are not planning to • Mail: William W. Stelle, Jr., appropriate amounts of fish in participate in 2013, but reserved the Regional Administrator, Northwest conjunction with the Pacific Fishery right to participate if circumstances Region, NMFS, 7600 Sand Point Way Management Council (Council) process changed. The Hoh tribe has not NE., Seattle, WA 98115–0070, Attn: for determining harvest specifications expressed an interest in participating to Kevin C. Duffy. and management measures. The date. • Fax: 206–526–6736, Attn: Kevin C. Council’s groundfish fisheries require a Since 2008, NMFS and the co- Duffy. high degree of coordination among the managers, including the States of Instructions: Comments sent by any tribal, state, and federal co-managers in Washington and Oregon, as well as the other method, to any other address or order to rebuild overfished species and Treaty tribes, have been involved in a individual, or received after the end of prevent overfishing, while allowing process designed to determine the long- the comment period, may not be fishermen opportunities to sustainably term tribal allocation for Pacific considered by NMFS. All comments harvest over 90 species of groundfish whiting. At the September 2008 Council received are part of the public record managed under the FMP. meeting, NOAA, the states and the and will generally be posted for public Since 1996, NMFS has been allocating Quinault, Quileute, and Makah tribes viewing on www.regulations.gov a portion of the U.S. total allowable met and agreed on a process in which without change. All personal identifying catch (TAC) (called Optimum Yield NOAA would provide to the tribes and information (e.g., name, address, etc.), (OY) or Annual Catch Limit (ACL) prior states of Washington and Oregon a

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14260 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

summary of the current scientific recommend the coastwide and of the Magnuson-Stevens Act and other information regarding whiting, receive corresponding U.S./Canada TACs no applicable laws. In making the final comment on the information and later than March 25, 2013. determination, NMFS will take into possible analyses that might be In order for the public to have an account the data, views, and comments undertaken, and then prepare analyses understanding of the potential tribal received during the comment period. of the information to be used by the co- whiting allocation in 2013, NMFS is The Office of Management and Budget managers (affected tribes, affected states, using the range of U.S. TACs over the has determined that this proposed rule and NMFS) in developing a tribal last ten years, 2003 through 2012, to is not significant for purposes of allocation for use in 2010 and beyond. project a range of potential tribal Executive Order 12866. The goal was agreement among the co- allocations for 2013. This range of TACs An IRFA was prepared, as required by managers on a long-term tribal is 148,200 mt (2003) to 290,903 mt section 603 of the Regulatory Flexibility allocation for incorporation into the (2011). Act (RFA). The IRFA describes the Council’s planning process for the 2010 As described above, the Makah tribe economic impact this proposed rule, if season. An additional purpose was to and Quileute Indian Nation have stated adopted, would have on small entities. provide the tribes the time and their intent to participate in the Pacific A summary of the analysis follows. A information to develop an inter-tribal whiting fishery in 2013. The Makah copy of this analysis is available from allocation or other necessary tribe has requested 17.5% of the U.S. NMFS and is published on the NMFS management agreement. In 2009, NMFS TAC, and the Quileute Indian Nation Web site under Groundfish Management shared a preliminary report has requested 16,000 mt. (see ADDRESSES). summarizing scientific information Accommodating both requests results in Under the RFA, the term ‘‘small available on the migration and a formula [17.5 percent* (U.S. TAC)] + entities’’ includes small businesses, distribution of Pacific whiting on the 16,000 mt for application to the range of small organizations, and small west coast. The co-managers met in TACs. Application of this formula to the governmental jurisdictions. The Small 2009 and discussed this preliminary range of U.S. TACs over the last ten Business Administration has established information. years results in a tribal allocation of size criteria for all different industry In 2010, NMFS finalized the report between 41,935 and 66,906 mt for 2013. sectors in the U.S., including fish summarizing scientific information At the lower end of the range of U.S. harvesting and fish processing available on the migration and TACs, this tribal allocation would businesses. A business involved in fish distribution of Pacific whiting on the represent 28 percent of the U.S. TAC, harvesting is a small business if it is West Coast. In addition, NMFS and at the higher end of the range, this independently owned and operated and responded in writing to requests from tribal allocation would represent 23 not dominant in its field of operation the tribes for clarification on the paper percent of the U.S. TAC. NMFS believes (including its affiliates) and if it has and requests for additional information. that the current scientific information combined annual receipts less than $4.0 NMFS also met with each of the tribes regarding the distribution and million for all its affiliated operations in the fall of 2010 to discuss the report abundance of the coastal Pacific whiting worldwide. A seafood processor is a and to discuss a process for negotiation stock suggests that these percentages are small business if it is independently of the long-term tribal allocation of within the range of the tribal treaty right owned and operated, not dominant in Pacific whiting. to Pacific whiting. its field of operation, and employs 500 In 2011, NMFS again met individually As described earlier, NOAA Fisheries or fewer persons at all its affiliated with the Makah, Quileute, and Quinault proposes this rule as an interim operations worldwide. A business tribes to discuss these matters. Due to allocation for the 2013 tribal Pacific involved in both the harvesting and the detailed nature of the evaluation of whiting fishery. As with past processing of seafood products is a the scientific information, and the need allocations, this proposed rule is not small business if it meets the $4.0 to negotiate a long-term tribal allocation intended to establish any precedent for million criterion for fish harvesting following completion of the evaluation, future whiting seasons or for the long- operations. A wholesale business the process continued in 2012 and will term tribal allocation of whiting. servicing the fishing industry is a small not be completed prior to the 2013 The rule would be implemented business if it employs 100 or fewer Pacific whiting fishery; thus the tribal under authority of Section 305(d) of the persons at all its affiliated operations allocation of whiting for 2013 will not Magnuson-Stevens Act, which gives the worldwide. For marinas and charter/ reflect a negotiated long-term tribal Secretary responsibility to ‘‘carry out party boats, a small business is a allocation. Instead, it is an interim any fishery management plan or business with annual receipts less than allocation not intended to set precedent amendment approved or prepared by $7.0 million. For nonprofit for future allocations. him, in accordance with the provisions organizations, the RFA defines a small of this Act.’’ With this proposed rule, organization as any nonprofit enterprise Tribal Allocation for 2013 NMFS, acting on behalf of the Secretary, that is independently owned and It is necessary to propose a range for would ensure that the FMP is operated and is not dominant in its the tribal allocation, rather than a implemented in a manner consistent field. The RFA defines small specific allocation amount, because the with treaty rights of four Northwest governmental jurisdictions as specific allocation depends on the tribes to fish in their ‘‘usual and governments of cities, counties, towns, amount of the coastwide TAC (United accustomed grounds and stations’’ in townships, villages, school districts, or States plus Canada) and corresponding common with non-tribal citizens. special districts with populations of less U.S. TAC for 2013 (73.88% of the United States v. Washington, 384 F. than 50,000. coastwide TAC). The Joint Management Supp. 313 (W.D. 1974). For the years 2007 to 2011, the total Committee (JMC), which was whiting fishery (tribal and non-tribal) established pursuant to the Agreement Classification has averaged harvests of 199,000 mt between the Government of the United NMFS has preliminarily determined annually, worth $37 million in terms of States of America and the Government that the management measures for the ex-vessel revenues. As the U.S. OY/ACL of Canada on Pacific Hake/Whiting (the 2013 Pacific whiting tribal fishery are has been highly variable during this Agreement), is anticipated to consistent with the national standards time, so have harvests. During this

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14261

period, harvests have ranged from allocation would unnecessarily limit the Each permitted MS coop is authorized 122,000 mt (2009) to 248,000 mt (2008). non-tribal fishery. A no-action to harvest a quantity of Pacific whiting In 2011, the harvest was approximately alternative was considered, but the based on the sum of the catch history 231,000 mt. Ex-vessel revenues have regulatory framework provides for a assignments for each member’s MS/CV- also varied. Annual ex-vessel revenues tribal allocation on an annual basis endorsed permit identified in the have ranged from $16 million (2009) to only. Therefore, no action would result NMFS-accepted coop agreement for a $58 million (2008). Ex-vessel revenues in no allocation of Pacific whiting to the given calendar year. Each MS/CV in 2011 were about $53 million. tribal sector in 2013, which would be endorsed permit has an allocation of The prices for whiting are largely inconsistent with NMFS’ responsibility Pacific whiting catch based on its catch determined by the world market for to manage the fishery consistent with history in the fishery. The catch history groundfish, because most of the whiting the tribes’ treaty rights. Given that there assignment (CHA) is expressed as a harvested is exported. Average ex-vessel are tribal requests for allocations in percentage of Pacific whiting of the total price for trawl harvested whiting in 2013, this alternative received no MS sector allocation. Currently the MS 2011 was $230 per mt. For 2012, average further consideration. sector is composed of only a single ex-vessel prices increased to $309 per This proposed rule would affect how coop. (Shorebased IFQ QS and MS mt, leading to $49 million in ex-vessel whiting is allocated to the following sector CHA are not scheduled to begin revenues based on total harvests of sectors/programs: Tribal, Shorebased trading until 2014, pending resolution about 160,000 mt. Note that the use of Individual Fishing Quota (IFQ) of the Pacific Dawn v Bryson litigation ex-vessel values does not take into Program—Trawl Fishery, Mothership where the rules used to allocate whiting account the wholesale or export value of Coop (MS) Program—Whiting At-sea QS and CHA are being challenged.) the fishery or the costs of harvesting and Trawl Fishery, and Catcher-Processor The C/P coop program is a limited processing whiting into a finished (C/P) Coop Program—Whiting At-sea access program that applies to vessels in product. NMFS does not have sufficient Trawl Fishery. The amount of whiting the C/P sector of the Pacific whiting at- information to make a complete allocated to these sectors is based on the sea trawl fishery and is a single assessment of these values. U.S. TAC. From the U.S. TAC, small voluntary coop. Unlike the MS coop The Pacific whiting fishery harvests amounts of whiting that account for regulations, where multiple coops can almost exclusively Pacific whiting. research catch and for bycatch in other be formed around the catch history While bycatch of other species occurs, fisheries are deducted. The amount of assignments of each coop’s member’s the fishery is constrained by bycatch the tribal allocation is also deducted endorsed permit, the single C/P coop limits on key overfished species. This is directly from the TAC. After accounting receives the total Pacific whiting a high-volume fishery with low ex- for these deductions, the remainder is allocation for the catcher/processor vessel prices per pound. This fishery the commercial harvest guideline. This sector. Only C/P endorsed limited entry also has seasonal aspects based on the guideline is then allocated among the permits can participate in this coop. distribution of whiting off the west other three sectors as follows: 34 Currently, the shorebased IFQ Program coast. percent for the C/P Coop Program; 24 is composed of 138 QS permits/ Since 1996, there has been a tribal percent for the MS Coop Program; and accounts, 142 vessel accounts, and 50 allocation of the U.S. whiting TAC. 42 percent for the Shorebased IFQ first receivers. The mothership coop There are four tribes associated with the Program. fishery is currently composed of a single whiting fishery: Hoh, Makah, Quileute, The shorebased IFQ fishery is coop, with six mothership processor and Quinault. managed with individual fishing quotas permits, and 36 MS/CV endorsed This rule would establish the formula for most groundfish species, including permits, with one permit having two for determining 2013 interim tribal whiting. Annually quota pounds (QP) catch history assignments endorsed to allocation. The alternatives are ‘‘No- are allocated from the shorebased sector it. The C/P coop is composed of 10 Action’’ vs. the ‘‘Proposed Action.’’ The allocation based on the individual quota catcher-processor permits owned by proposed allocation, based on shares (QS) of each QS owner. (QP is three companies. There are four tribes discussions with the tribes, is for NMFS expressed as a weight and QS is that can participate in the tribal whiting to allocate between 28 percent and 23 expressed as a percent of the shorebased fishery. The current tribal fleet is percent of the U.S. total allowable catch allocation for a given species or species composed of 5 trawlers that either for 2013. NMFS did not consider a group.) QP may be transferred from a QS deliver to a shoreside plant or to a broader range of alternatives to the account to a vessel account or from one contracted mothership. proposed allocation. The tribal vessel account to another vessel Participants in the whiting fishery allocation is based primarily on the account. Vessel accounts are used to include fish harvesting companies, fish requests of the tribes. These requests track how QP is harvested (landings and processing companies, companies reflect the level of participation in the discards) by limited entry trawl vessels involved in both harvesting and fishery that will allow them to exercise of all IFQ species/species groups. processing of seafood products such as their treaty right to fish for whiting. Shorebased IFQ catch must be landed at catcher-processors, organizations, and Consideration of amounts lower than authorized first receiver sites. governmental jurisdictions. the tribal requests is not appropriate in The IFQ whiting quota shares (QS) These regulations directly affect IFQ this instance. As a matter of policy, were allocated to a mixture of limited Quota share holders who determine NMFS has historically supported the entry permit holders and shorebased which vessel accounts receive QP, harvest levels requested by the tribes. processors. One non-profit organization holders of mothership catcher-vessel- Based on the information available to received quota share based on the endorsed permits who determine how NMFS, the tribal request is within their ownership of multiple limited entry many co-ops will participate in the tribal treaty rights, and the participating permits. The MS coop sector can consist fishery and how much fish each co-op tribe has on occasion shown an ability of one or more coops and a non-coop is to receive, and the catcher-processor to harvest the amount of whiting subsector. For a MS coop to participate co-op which is made up of three requested. A higher allocation would, in the Pacific whiting fishery, it must be companies that own the catcher- arguably, also be within the scope of the composed of MS catcher-vessel (MS/CV) processor permits. As part of the permit treaty right. However, a higher endorsed limited entry permit owners. application processes for the non-tribal

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14262 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules

fisheries, based on a review of the SBA for their participation.’’ This that the bycatch of salmonids in the size criteria, applicants are asked if they reapportioning process allows Pacific whiting fishery were almost considered themselves a ‘‘small’’ unharvested tribal allocations of whiting entirely Chinook salmon, with little or business, and they are asked to provide to be fished by the non-tribal fleets, no bycatch of coho, chum, sockeye, and detailed ownership information. benefitting both large and small entities. steelhead. Although there are three non-tribal See ADDRESSES. On December 7, 2012, NMFS sectors, many companies participate in NMFS believes this proposed rule completed a biological opinion two or more of these sectors. All would not adversely affect small concluding that the groundfish fishery mothership catcher-vessel participants entities. Nonetheless, NMFS has is not likely to jeopardize non-salmonid participate in the shorebased IFQ sector, prepared this IRFA and is requesting marine species including listed while two of the three catcher-processor comments on this conclusion. eulachon, green sturgeon, humpback companies also participate in both the There are no reporting, recordkeeping whales, Steller sea lions, and shorebased IFQ sector and in the MS or other compliance requirements in the leatherback sea turtles. The opinion also sector. Many companies own several QS proposed rule. concludes that the fishery is not likely accounts. After accounting for cross No Federal rules have been identified to adversely modify critical habitat for participation, multiple QS account that duplicate, overlap, or conflict with green sturgeon and leatherback sea holders, and for affiliation through this action. turtles. An analysis included in the ownership, there are 100 non-tribal NMFS issued Biological Opinions same document as the opinion under the ESA on August 10, 1990, entities directly affected by these concludes that the fishery is not likely November 26, 1991, August 28, 1992, proposed regulations, 82 of which are to adversely affect green sea turtles, September 27, 1993, May 14, 1996, and considered to be ‘‘small’’ businesses. olive ridley sea turtles, loggerhead sea December 15, 1999 pertaining to the These regulations also directly affect turtles, sei whales, North Pacific right effects of the Pacific Coast groundfish tribal whiting fisheries. Based on whales, blue whales, fin whales, sperm FMP fisheries on Chinook salmon groundfish ex-vessel revenues and on whales, Southern Resident killer (Puget Sound, Snake River spring/ tribal enrollments (the population size whales, Guadalupe fur seals, or the summer, Snake River fall, upper of each tribe), the four tribes and their critical habitat for Steller sea lions. Columbia River spring, lower Columbia fleets are considered ‘‘small’’ entities. As Steller sea lions and humpback River, upper Willamette River, whales are also protected under the This rule will allocate fish between Sacramento River winter, Central Valley Marine Mammal Protection Act tribal harvesters (harvest vessels are spring, California coastal), coho salmon (MMPA), incidental take of these small entities, tribes are small (Central California coastal, southern species from the groundfish fishery jurisdictions) and non-tribal harvesters Oregon/northern California coastal), must be addressed under MMPA section (a mixture of small and large chum salmon (Hood Canal summer, 101(a)(5)(E). On February 27, 2012, businesses). Tribal fisheries undertake a Columbia River), sockeye salmon (Snake NMFS published notice that the mixture of fishing activities that are River, Ozette Lake), and steelhead incidental taking of Steller sea lions in similar to the activities that non-tribal (upper, middle and lower Columbia the West Coast groundfish fisheries is fisheries undertake. Tribal harvests are River, Snake River Basin, upper addressed in NMFS’ December 29, 2010 delivered to both shoreside plants and Willamette River, central California Negligible Impact Determination (NID) motherships for processing. These coast, California Central Valley, south/ and this fishery has been added to the processing facilities also process fish central California, northern California, list of fisheries authorized to take Steller harvested by non-tribal fisheries. The southern California). These biological sea lions (77 FR 11493). NMFS is effect of the tribal allocation on non- opinions have concluded that currently developing MMPA tribal fisheries will depend on the level implementation of the FMP for the authorization for the incidental take of of tribal harvests relative to their Pacific Coast groundfish fishery was not humpback whales in the fishery. allocation and the reapportioning expected to jeopardize the continued On November 21, 2012, the U.S. Fish process. If the tribes do not harvest their existence of any endangered or and Wildlife Service (FWS) issued a entire allocation, there are opportunities threatened species under the biological opinion concluding that the during the year to reapportion jurisdiction of NMFS, or result in the groundfish fishery will not jeopardize unharvested tribal amounts to the non- destruction or adverse modification of the continued existence of the short- tribal fleets. For example, last year, critical habitat. tailed albatross. The FWS also NMFS did such a reapportionment. On, NMFS issued a Supplemental concurred that the fishery is not likely October 4, 2012, NMFS announced: Biological Opinion on March 11, 2006 to adversely affect the marbled murrelet, ‘‘The best available information on concluding that neither the higher California least tern, southern sea otter, October 2, 2012 indicates that at least observed bycatch of Chinook in the bull trout, nor bull trout critical habitat. 28,000 mt of the tribal allocation of 2005 whiting fishery nor new data Pursuant to Executive Order 13175, 48,556 mt for the 2012 tribal Pacific regarding salmon bycatch in the this proposed rule was developed after whiting fishery will not be used by groundfish bottom trawl fishery meaningful consultation and December 31, 2012. Recent required a reconsideration of its prior collaboration with tribal officials from conversations with tribal fishery ‘‘no jeopardy’’ conclusion. NMFS also the area covered by the FMP. Consistent managers indicate that reapportioning reaffirmed its prior determination that with the Magnuson-Stevens Act at 16 28,000 mt, leaving a tribal allocation of implementation of the Groundfish U.S.C. 1852(b)(5), one of the voting 20,556 mt, will not limit tribal harvest PCGFMP is not likely to jeopardize the members of the Pacific Council is a opportunities for the remainder of year. continued existence of any of the representative of an Indian tribe with Tribal harvests to date amount to less affected ESUs. Lower Columbia River federally recognized fishing rights from than 1,000 mt. In addition, the Quileute coho (70 FR 37160, June 28, 2005) and the area of the Council’s jurisdiction. In Tribe has not entered the fishery to date. Oregon Coastal coho (73 FR 7816, addition, NMFS has coordinated Even if the Quileute Tribe enters the February 11, 2008) were recently specifically with the tribes interested in fishery, the remaining tribal allocation relisted as threatened under the ESA. the whiting fishery regarding the issues following reapportionment will allow The 1999 biological opinion concluded addressed by this rule.

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Proposed Rules 14263

List of Subjects in 50 CFR Part 660 PART 660—FISHERIES OFF WEST § 660.50 Pacific Coast treaty Indian fisheries. Fisheries, Fishing, Indian fisheries. COAST STATES * * * * * Dated: February 27, 2013. ■ 1. The authority citation for part 660 Alan D. Risenhoover, (f) * * * continues to read as follows: Director, Office of Sustainable Fisheries, (4) Pacific whiting. The tribal performing the functions and duties of the Authority: 16 U.S.C. 1801 et seq. and 16 allocation for 2013 will be 17.5 percent Deputy Assistant Administrator for U.S.C. 773 et seq. of the U.S. TAC plus 16,000 mt. Regulatory Programs, National Marine Fisheries Service. ■ 2. In § 660.50, paragraph (f)(4) is * * * * * [FR Doc. 2013–04922 Filed 3–4–13; 8:45 am] For the reasons set out in the revised to read as follows: BILLING CODE 3510–22–P preamble, 50 CFR part 660 is proposed to be amended as follows:

VerDate Mar<15>2010 18:21 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 E:\FR\FM\05MRP1.SGM 05MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 14264

Notices Federal Register Vol. 78, No. 43

Tuesday, March 5, 2013

This section of the FEDERAL REGISTER potential persons who are to respond to effectiveness of direct marketing, such contains documents other than rules or the collection of information that such as the development of modern farmers proposed rules that are applicable to the persons are not required to respond to markets. The Marketing Services public. Notices of hearings and investigations, the collection of information unless it Division (MSD), Agricultural Marketing committee meetings, agency decisions and displays a currently valid OMB control rulings, delegations of authority, filing of Service (AMS) identifies marketing petitions and applications and agency number. opportunities, provides analysis to help statements of organization and functions are Agricultural Marketing Service take advantage of those opportunities examples of documents appearing in this and develops and evaluates solutions Title: Mandatory Country of Origin section. including improving farmers markets Labeling of All Covered Commodities. OMB Control Number: 0581–0250. and other direct-to-consumer marketing activities. Markets are maintained by DEPARTMENT OF AGRICULTURE Summary of Collection: The 2002 (Pub. L. 107–171) and 2008 (Pub. L. State Departments of Agriculture, local Submission for OMB Review; 110–234) Farm Bills amended the public authorities, grower organizations Comment Request Agricultural Marketing Act of 1946 (7 and non-profit organizations. U.S.C. 1621–1627) to require retailers to Need and Use of the Information: February 27, 2013. notify their customers of the country of MSD/AMS is combining the National The Department of Agriculture will origin of muscle cuts and ground beef Farmers Market Managers Survey with submit the following information (including veal), lamb, pork, chicken, collection requirement(s) to OMB for the annual update of the USDA National and goat; wild and farm-raised fish and Farmers Market Directory, thereby review and clearance under the shellfish; perishable agricultural Paperwork Reduction Act of 1995, reducing the number of times that it commodities; peanuts, pecans, and seeks to make contact with market Public Law 104–13 on or after the date macadamia nuts; and ginseng. managers. The information will be of publication of this notice. Comments Individuals who supply covered collected using the form TM–6 regarding (a) whether the collection of commodities, whether directly to ‘‘Farmers’ Market Directory and information is necessary for the proper retailers or indirectly through other performance of the functions of the participants in the marketing chain, are Survey.’’ These markets represent a agency, including whether the required to establish and maintain varied range of sizes, geographical information will have practical utility; country of origin and, if applicable, locations, types, ownership, and (b) the accuracy of the agency’s estimate method of production information for structure. These markets will provide a of burden including the validity of the the covered commodities and supply valid overview of farmers markets in the methodology and assumptions used; (c) this information to retailers. United States. Information such as the ways to enhance the quality, utility and Need and Use of the Information: size of markets, operating times and clarity of the information to be Producers, handlers, manufacturers, days, retail and wholesale sales, collected; (d) ways to minimize the wholesalers, importers, and retailers of management structure, and rules and burden of the collection of information covered commodities are affected. This regulations governing the markets are all on those who are to respond, including public reporting burden is necessary to important questions that need to be through the use of appropriate ensure accuracy of country of origin and answered in the design of a new market. automated, electronic, mechanical, or method of production declarations other technological collection The information developed by this relied upon at the point of sale at retail. survey will support better designs, techniques or other forms of information The public reporting burden also technology should be addressed to: Desk development techniques, and operating assures that all parties involved in methods for modern farmers markets Officer for Agriculture, Office of supplying covered commodities to retail Information and Regulatory Affairs, and outline improvements that can be stores maintain and convey accurate applied to revitalize existing markets. Office of Management and Budget information as required. (OMB), New Executive Office Building, Description of Respondents: Business Description of Respondents: Not-for- Washington, DC; profit institutions, Federal Government, _ or other for-profit. OIRA [email protected] or Number of Respondents: 1,384,833. State, Local or Tribal Government. fax (202) 395–5806 and to Departmental Frequency of Responses: Number of Respondents: 7,865. Clearance Office, USDA, OCIO, Mail Recordkeeping. Stop 7602, Washington, DC 20250– Total Burden Hours: 31,437,002. Frequency of Responses: Reporting: 7602. On occasion. Agricultural Marketing Service Comments regarding these Total Burden Hours: 833. information collections are best assured Title: Farmers Market Directory and of having their full effect if received by Survey. Charlene Parker, April 4, 2013. Copies of the OMB Control Number: 0581–0169. Departmental Information Collection submission(s) may be obtained by Summary of Collection: The primary Clearance Officer. calling (202) 720–8681. legislative basis for conducting farmer’s [FR Doc. 2013–04943 Filed 3–4–13; 8:45 am] An agency may not conduct or market research is the Agricultural BILLING CODE 3410–02–P sponsor a collection of information Marketing Act of 1946 (7 U.S.C. 1621– unless the collection of information 1627). In addition, the Farmer-to- displays a currently valid OMB control Consumer Direct Marketing Act of 1976 number and the agency informs supports USDA’s work to enhance the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14265

DEPARTMENT OF AGRICULTURE law to Farm Service Agency (FSA).. collected is primarily financial data, Authority for the collection of the such as borrower’s asset values, current Submission for OMB Review; information was delegated by the financial information and public use Comment Request Secretary of Agriculture to the Farm and employment data. Failure to obtain Service Agency (FSA). The statute of this information at the time of the February 27, 2013. authority is 92 STAT (1263–1267) or 7 request for servicing will result in The Department of Agriculture has U.S.C. 3501–3508 or Public Law 95– rejection of the borrower’s request. submitted the following information 460. Foreign investors may obtain form Description of Respondents: Farms; collection requirement(s) to OMB for FSA–153, AFIDA Report, from their Individuals or households; Business or review and clearance under the local FSA county office or from the FSA other-for-profit; Not-for-profit Paperwork Reduction Act of 1995, Internet site. institutions; State. Local and Tribal Public Law 104–13. Comments Need and Use of the Information: The Government. regarding (a) whether the collection of information collected from the AFIDA Number of Respondents: 58. information is necessary for the proper Reports is used to monitor the effect of Frequency of Responses: Reporting: performance of the functions of the foreign investment upon family farms On occasion; Annually. agency, including whether the and rural communities and in the Total Burden Hours: 37. information will have practical utility; preparation of a voluntary report to (b) the accuracy of the agency’s estimate Congress and the President. Congress Ruth Brown, of burden including the validity of the reviews the report and decides if Departmental Information Collection methodology and assumptions used; (c) regulatory action is necessary to limit Clearance Officer. ways to enhance the quality, utility and the amount of foreign investment in [FR Doc. 2013–04942 Filed 3–4–13; 8:45 am] clarity of the information to be U.S. agricultural land. If this BILLING CODE 3410–05–P collected; (d) ways to minimize the information was not collected, USDA burden of the collection of information could not effectively monitor foreign on those who are to respond, including investment and the impact of such DEPARTMENT OF AGRICULTURE through the use of appropriate holdings upon family farms and rural Submission for OMB Review; automated, electronic, mechanical, or communities. other technological collection Description of Respondents: Business Comment Request techniques or other forms of information or other for-profit; Individuals or February 27, 2013. technology. households; Farms. Comments regarding this information The Department of Agriculture has Number of Respondents: 5,525. submitted the following information collection received by April 4, 2013 will Frequency of Responses: Reporting: collection requirement(s) to OMB for be considered. Written comments On occasion; Annually. should be addressed to: Desk Officer for Total Burden Hours: 2,631. review and clearance under the Agriculture, Office of Information and Paperwork Reduction Act of 1995, Regulatory Affairs, Office of Farm Service Agency Public Law 104–13. Comments Management and Budget (OMB), New Title: Servicing Minor Program Loans. regarding (a) whether the collection of Executive Office Building, 725—17th OMB Control Number: 0560–0230. information is necessary for the proper Street NW., Washington, DC 20502. Summary of Collection: Regulations performance of the functions of the Commenters are encouraged to submit are promulgated to implement selected agency, including whether the their comments to OMB via email to: provisions of sections 331 and 335 of information will have practical utility; [email protected] or the Consolidated Farm and Rural (b) the accuracy of the agency’s estimate fax (202) 395–5806 and to Departmental Development Act. Section 331 of burden including the validity of the Clearance Office, USDA, OCIO, Mail authorizes the Secretary of Agriculture methodology and assumptions used; (c) Stop 7602, Washington, DC 20250– to grant releases from personal liability ways to enhance the quality, utility and 7602. Copies of the submission(s) may where security property is transferred to clarity of the information to be be obtained by calling (202) 720–8958. approve applicants who, under collected; (d) ways to minimize the An agency may not conduct or agreement, assume the outstanding burden of the collection of information sponsor a collection of information secured indebtedness. Section 335 on those who are to respond, including unless the collection of information provides servicing authority for real through the use of appropriate displays a currently valid OMB control estate security; operation or lease of automated, electronic, mechanical, or number and the agency informs realty, disposition of surplus property; other technological collection potential persons who are to respond to conveyance of complete interest of the techniques or other forms of information the collection of information that such United States; easements; and technology. persons are not required to respond to condemnations. The information is Comments regarding this information the collection of information unless it collected from Farm Service Agency collection received by April 4, 2013 will displays a currently valid OMB control (FSA) Minor Program borrowers who be considered. Written comments number. may be individual farmers or farming should be addressed to: Desk Officer for partnerships, associations, or Agriculture, Office of Information and Farm Service Agency corporations. Regulatory Affairs, Office of Title: Agricultural Foreign Investment Need and Use of the Information: FSA Management and Budget (OMB), New Disclosure Act Report. will collect information related to a Executive Office Building, 725—17th OMB Control Number: 0560–0097. program benefit recipient or loan Street NW., Washington, DC 20502. Summary Of Collection: The borrower requesting action on security Commenters are encouraged to submit Agricultural Foreign Investment they own, which was purchased with their comments to OMB via email to: Disclosure Act of 1978 (AFIDA) requires FSA loan funds, improved with FSA [email protected] or foreign investors to report in a timely loan funds or has otherwise been fax (202) 395–5806 and to Departmental manner all held, acquired, or transferred mortgaged to FSA to secure a Clearance Office, USDA, OCIO, Mail U.S. agricultural land under penalty of Government loan. The information Stop 7602, Washington, DC 20250–

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14266 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

7602. Copies of the submission(s) may Description of Respondents: Business in Section 303.14 of the regulations (15 be obtained by calling (202) 720–8958. or other for-profit; Federal Government. CFR 303.14). The Departments have An agency may not conduct or Number of Respondents: 4. verified and, where appropriate, sponsor a collection of information Frequency of Responses: adjusted the data submitted in unless the collection of information Recordkeeping; Reporting: On occasion. application form ITA–334P by USVI displays a currently valid OMB control Total Burden Hours: 129. program producers and have inspected these producers’ operations in number and the agency informs Ruth Brown, potential persons who are to respond to accordance with Section 303.5 of the Departmental Information Collection regulations (15 CFR 303.5). the collection of information that such Clearance Officer. persons are not required to respond to In calendar year 2012, USVI program [FR Doc. 2013–04941 Filed 3–4–13; 8:45 am] the collection of information unless it producers shipped 53,347 watches and displays a currently valid OMB control BILLING CODE 3410–34–P watch movements into the customs number. territory of the United States under the Act. The dollar amount of corporate Animal & Plant Health Inspection DEPARTMENT OF COMMERCE income taxes paid by USVI program Service producers during calendar year 2012, International Trade Administration Title: Importation of Products of and the creditable wages and benefits Poultry and Birds. paid by these producers during calendar DEPARTMENT OF THE INTERIOR OMB Control Number: 0579–0141. year 2012 to residents of the territory Summary of Collection: The Animal Allocation of Duty-Exemptions for was a combined total of $1,105,504. The Health protection Act (AHPA) of 2002 is Calendar Year 2013 for Watch calendar year 2013 USVI annual duty the primary Federal law governing the Producers Located in the United States exemption allocations, based on the protection of the health of animals Virgin Islands data verified by the Departments, are as under the Animal & Plant Health follows: Inspection Service (APHIS) regulatory AGENCY: Import Administration, authority. The law gives the Secretary of International Trade Administration, Program producer Annual Agriculture broad authority to detect, Department of Commerce; Office of allocation Insular Affairs, Department of the control, or eradicate pests or diseases of Belair Quartz, Inc ...... 500,000 livestock or poultry. The AHPA is Interior. contained in Title X, Subtitle E, and ACTION: Notice. The balance of the units allocated to the Sections 10401–18 of Public Law 107– USVI is available for new entrants into SUMMARY: This action allocates calendar 171, dated may 13, 2002, and the Farm the program or existing program year 2013 duty exemptions for watch Security and Rural Investment Act of producers who request a supplement to assembly producers (‘‘program 2002. The regulations under which their allocation. disease prevention activities are producers’’) located in the United States contained are in Title 9, Chapter 1, Virgin Islands (‘‘USVI’’) pursuant to Dated: February 27, 2013. Subchapter D, and Parts 91 through 99 Public Law 97–446, as amended by Gregory W. Campbell, of the Code of Federal Regulations. The Public Law 103–465, Public Law106–36 Acting Director, Office of Policy, Import purpose of these regulations is to allow and Public Law 108–429 (‘‘the Act’’). Administration, International Trade poultry meat that originates in the FOR FURTHER INFORMATION CONTACT: Administration, Department of Commerce. United States to be shipped, for Supriya Kumar, Subsidies Enforcement Dated: February 27, 2013. processing purposes, to a region where Office; phone number: (202) 482–3530; Nikolao Pula, exotic Newcastle disease exists, and fax number: (202) 501–7952; and email Director of Office of Insular Affairs, then returned to the United States. The address: [email protected]. Department of the Interior. process entails the use of four SUPPLEMENTARY INFORMATION: Pursuant [FR Doc. 2013–05063 Filed 3–4–13; 8:45 am] information collection activities in the to the Act, the Departments of the BILLING CODE 3510–DS–P; 4310–93–P form of a certificate of origin that must Interior and Commerce (‘‘the be issued, including serial numbers that Departments’’) share responsibility for must be recorded, records that must be the allocation of duty exemptions DEPARTMENT OF COMMERCE maintained, and cooperative service among program producers in the United International Trade Administration agreements that must be signed and an States insular possessions and the a certificates for shipment back to the Northern Mariana Islands. In [A–583–837] United States. accordance with Section 303.3(a) of the Need and Use of the Information: regulations (15 CFR 303.3(a)), the total Polyethylene Terephthalate Film, APHIS will collect information to quantity of duty-free insular watches Sheet, and Strip From Taiwan: Notice ensure that imported poultry carcasses and watch movements for calendar year of Correction to the Final Results of pose a negligible risk of introducing 2013 is 1,866,000 units for the USVI. the 2010–2011 Antidumping Duty END into the United States. If the This amount was established in Administrative Review information is not collected, it would Changes in Watch, Watch Movement AGENCY: Import Administration, significantly cripple APHIS’ ability to and Jewelry Program for the U.S. Insular International Trade Administration, ensure that poultry carcasses imported Possessions, 65 FR 8048 (February 17, Department of Commerce. from regions affected with END pose a 2000). There are currently no program negligible risk of introducing this producers in Guam, American Samoa or DATES: Effective Date: March 5, 2013. disease into the United States. the Northern Mariana Islands. FOR FURTHER INFORMATION CONTACT: This would make a disease incursion The criteria for the calculation of the Sean Carey or Milton Koch, AD/CVD event much more likely, with calendar year 2013 duty-exemption Operations, Office 6, Import potentially devastating effects on the allocations among program producers Administration, International Trade U.S. poultry industry. within a particular territory are set forth Administration, U.S. Department of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14267

Commerce, 14th Street and Constitution SUMMARY: The Department of Commerce accordance with section 772 of the Act. Avenue NW., Washington, DC 20230; (‘‘the Department’’) is conducting a new Because the PRC is a nonmarket telephone: (202) 428–3964 or (202) 482– shipper review of the antidumping duty economy within the meaning of section 2584, respectively. order on certain new pneumatic off-the- 771(18) of the Act, normal value has SUPPLEMENTARY INFORMATION: road tires (‘‘OTR tires’’) from the been calculated in accordance with People’s Republic of China (‘‘PRC’’). section 773(c) of the Act. Specifically, Correction The period of review (‘‘POR’’) is the respondent’s factors of production On February 11, 2013, the Department September 1, 2011, through February have been valued in Indonesia, which is of Commerce (‘‘Department’’) published, 29, 2012. The review covers a single economically comparable to the PRC in the Federal Register, the final results entry of subject merchandise exported and is a significant producer of of the 2010–2011 administrative review by Trelleborg Wheel Systems (Xingtai) comparable merchandise. of the antidumping duty order on China, Co. Ltd. (‘‘Trelleborg Wheel For a full description of the polyethylene terephthalate film, sheet, Systems China’’) and imported by its methodology underlying our and strip (PET Film) from Taiwan.1 The U.S. affiliate, Trelleborg Wheel Systems conclusions, please see the Preliminary period of review covered July 1, 2010, Americas. We have preliminarily found Decision Memorandum, which is hereby through June 30, 2011. The published that Trelleborg Wheel Systems China adopted by this notice. The Preliminary Federal Register notice contained a did not make a sale of subject Decision Memorandum is a public clerical error, in that it identified an merchandise at less than normal value. document and is on file electronically incorrect case number associated with FOR FURTHER INFORMATION CONTACT: via Import Administration’s PET Film from Taiwan (i.e., incorrect Raquel Silva or Eugene Degnan or, AD/ Antidumping and Countervailing Duty case number A–533–824).2 The correct CVD Operations, Office 8, Import Centralized Electronic Service System case number associated with PET Film Administration, International Trade (‘‘IA ACCESS’’). IA ACCESS is available from Taiwan is A–583–837. Pursuant to Administration, U.S. Department of to registered users at http:// section 751(h) of the Tariff Act of 1930, Commerce, 14th Street and Constitution iaaccess.trade.gov and in the Central as amended (‘‘the Act’’), the Department Avenue NW., Washington, DC 20230; Records Unit, room 7046 of the main shall correct any ministerial errors telephone: (202) 482–6475 or (202) 482– Department of Commerce building. In within a reasonable time after the 0414, respectively. addition, a complete version of the determinations are issued under this SUPPLEMENTARY INFORMATION: Preliminary Decision Memorandum can section. A ministerial error is defined as be accessed directly on the internet at Scope of the Order an error ‘‘in addition, subtraction, or http://www.trade.gov/ia/. The signed other arithmetic function, clerical errors The merchandise covered by this Preliminary Decision Memorandum and resulting from inaccurate copying, order includes new pneumatic tires the electronic versions of the duplication, or the like, and any other designed for off-the-road and off- Preliminary Decision Memorandum are type of unintentional error.’’ This notice highway use, subject to certain identical in content. exceptions.1 The subject merchandise is serves to correct the incorrect case Preliminary Results of New Shipper currently classifiable under Harmonized number listed in the Final Results. Review This correction is published in Tariff Schedule of the United States accordance with sections 751(h) and (‘‘HTSUS’’) subheadings: 4011.20.10.25, The Department preliminarily finds 777(i) of the Act. 4011.20.10.35, 4011.20.50.30, that the following weighted-average 4011.20.50.50, 4011.61.00.00, dumping margin exists: Dated: February 26, 2013. 4011.62.00.00, 4011.63.00.00, Paul Piquado, 4011.69.00.00, 4011.92.00.00, Weighted- Assistant Secretary for Import Exporter average 4011.93.40.00, 4011.93.80.00, dumping margin Administration. 4011.94.40.00, and 4011.94.80.00. The [FR Doc. 2013–05041 Filed 3–4–13; 8:45 am] HTSUS subheadings are provided for Trelleborg Wheel Systems BILLING CODE 3510–DS–P convenience and customs purposes (Xingtai) China, Co. Ltd. 0.0% only; the written product description of the scope of the order is dispositive.2 DEPARTMENT OF COMMERCE Disclosure and Public Comment Methodology The Department will disclose International Trade Administration The Department has conducted this calculations performed for these preliminary results to the parties within [A–570–912] review in accordance with sections 751(a)(1)(B) and 751(a)(2)(B) of the five days of the date of publication of this notice in accordance with 19 CFR Certain New Pneumatic Off-the-Road Tariff Act of 1930, as amended (‘‘the 351.224(b). Interested parties may Tires From the People’s Republic of Act’’), and 19 CFR 351.214. Constructed submit written comments no later than China: Preliminary Results of export prices have been calculated in 30 days after the date of publication of Antidumping Duty New Shipper 3 1 these preliminary results of review. Review; 2011–2012 See a complete description of the Scope of the Order in the memorandum to Paul Piquado entitled Rebuttals to written comments may be AGENCY: Import Administration, ‘‘Decision Memorandum for Preliminary Results of filed no later than five days after the Antidumping Duty New Shipper Review Pertaining written comments are filed.4 International Trade Administration, to Trelleborg Wheel Systems (Xingtai) China, Co. Department of Commerce. Ltd.: Certain New Pneumatic Off-the-Road Tires Any interested party may request a DATES: Effective Date: March 5, 2013. from the People’s Republic of China,’’ dated hearing within 30 days of publication of February 26, 2013 (‘‘Preliminary Decision this notice.5 Hearing requests should Memorandum’’). contain the following information: (1) 1 See Polyethylene Terephthalate Film, Sheet, and 2 See Certain New Pneumatic Off-the-Road Tires Strip From Taiwan: Final Results of Antidumping From the People’s Republic of China: Notice of Duty Administrative Review; 2010–2011, 78 FR Amended Final Affirmative Determination of Sales 3 See 19 CFR 351.309(c). 9668 (February 11, 2013) (Final Results). at Less Than Fair Value and Antidumping Duty 4 See 19 CFR 351.309(d). 2 Id. 78 FR at 9668. Order, 73 FR 51624 (September 4, 2008). 5 See 19 CFR 351.310(c).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14268 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

The party’s name, address, and antidumping duties on all appropriate entered, or withdrawn from warehouse, telephone number; (2) the number of entries. The Department intends to issue for consumption on or after the participants; and (3) a list of the issues assessment instructions to CBP 15 days publication date, as provided by to be discussed. Oral presentations will after the date of publication of the final sections 751(a)(2)(C) of the Act: (1) For be limited to issues raised in the briefs. results of new shipper review. For any TWS China, which has a separate rate, If a request for a hearing is made, parties individually examined respondents the cash deposit rate will be that will be notified of the time and date for whose weighted-average dumping established in the final results of this the hearing to be held at the U.S. margin is above de minimis, we will review (except, if the rate is zero or de Department of Commerce, 1401 calculate importer-specific ad valorem minimis, then zero cash deposit will be Constitution Avenue NW., Washington, duty assessment rates based on the ratio required); (2) for previously investigated DC 20230.6 of the total amount of dumping or reviewed PRC and non-PRC exporters The Department will issue the final calculated for the importer’s examined not listed above that received a separate results of this administrative review, sales to the total entered value of those rate in a prior segment of this which will include the results of its same sales in accordance with 19 CFR proceeding, the cash deposit rate will analysis of issues raised in any such 351.212(b)(1).9 continue to be the existing exporter- comments, within 120 days of We will instruct CBP to assess specific rate; (3) for all PRC exporters of publication of these preliminary results, antidumping duties on all appropriate subject merchandise that have not been pursuant to section 751(a)(3)(A) of the entries covered by this new shipper found to be entitled to a separate rate, Act. review when the importer-specific the cash deposit rate will be that for the assessment rate calculated in the final PRC-wide entity; and (4) for all non-PRC Deadline for Submission of Publicly results of this review is above de Available Surrogate Value Information exporters of subject merchandise which minimis. Where either the respondent’s have not received their own rate, the In accordance with 19 CFR weighted-average dumping margin is cash deposit rate will be the rate 351.301(c)(3)(ii), the deadline for zero or de minimis, or an importer- applicable to the PRC exporter that submission of publicly available specific assessment rate is zero or de supplied that non-PRC exporter. These information to value factors of minimis, we will instruct CBP to deposit requirements, when imposed, production under 19 CFR 351.408(c) is liquidate the appropriate entries shall remain in effect until further 20 days after the date of publication of without regard to antidumping duties. notice. the preliminary results. In accordance The Department recently announced a with 19 CFR 351.301(c)(1), if an refinement to its assessment practice in Notification to Importers interested party submits factual NME cases. Pursuant to this refinement This notice also serves as a information less than ten days before, in practice, for entries that were not preliminary reminder to importers of on, or after (if the Department has reported in the U.S. sales databases their responsibility under 19 CFR extended the deadline), the applicable submitted by company individually 351.402(f)(2) to file a certificate deadline for submission of such factual examined during this new shipper regarding the reimbursement of information, an interested party may review, the Department will instruct antidumping duties prior to liquidation submit factual information to rebut, CBP to liquidate such entries at the of the relevant entries during this clarify, or correct the factual PRC-wide rate. In addition, if the review period. Failure to comply with information no later than ten days after Department determines that the exporter this requirement could result in the such factual information is served on under review had no shipments of the Department’s presumption that the interested party. However, the subject merchandise, any suspended reimbursement of antidumping duties Department generally will not accept in entries that entered under that occurred and the subsequent assessment the rebuttal submission additional or exporter’s case number (i.e., at that of double antidumping duties. alternative surrogate value information exporter’s rate) will be liquidated at the We are issuing and publishing these not previously on the record, if the PRC-wide rate.10 results in accordance with sections deadline for submission of surrogate The final results of this new shipper 751(a)(1) and 777(i)(1) of the Act and 19 value information has passed.7 review shall be the basis for the CFR 351.214. assessment of antidumping duties on Furthermore, the Department generally Dated: February 26, 2013. will not accept business proprietary entries of merchandise covered by the Paul Piquado, information in either the surrogate value final results of this review and for future submissions or the rebuttals thereto, as deposits of estimated duties, where Assistant Secretary for Import Administration. the regulation regarding the submission applicable. of surrogate values allows only for the Cash Deposit Requirements Appendix I submission of publicly available The following cash deposit List of Topics Discussed in the Preliminary information.8 requirements will be effective upon Decision Memorandum Assessment Rates publication of the final results of this 1. Background. 2. Scope of the Order. Upon issuing the final results of the new shipper review for shipments of the 3. Bona Fide Sale Analysis. new shipper review, the Department subject merchandise from the PRC 4. Nonmarket Economy Country. shall determine, and U.S. Customs and 5. Separate Rates. Border Protection (CBP) shall assess, 9 In these preliminary results, the Department 6. Surrogate Country and Surrogate Value applied the assessment rate calculation method Data. adopted in Antidumping Proceedings: Calculation 7. Surrogate Country. 6 See 19 CFR 351.310(d). of the Weighted-Average Dumping Margin and 8. Economic Comparability. 7 See, e.g., Glycine from the People’s Republic of Assessment Rate in Certain Antidumping China: Final Results of Antidumping Duty Proceedings: Final Modification, 77 FR 8101 9. Significant Producers of Identical or Administrative Review and Final Rescission, in (February 14, 2012). Comparable Merchandise. Part, 72 FR 58809 (October 17, 2007), and 10 For a full discussion of this practice, see Non- 10. Data Availability. accompanying Issues and Decision Memorandum at Market Economy Antidumping Proceedings: 11. Date of Sale. Comment 2. Assessment of Antidumping Duties, 76 FR 65694 12. Fair Value Comparisons. 8 See 19 CFR 351.301(c)(3). (October 24, 2011). 13. U.S. Price.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14269

14. Normal Value. the second sunset review on the materials, in single or multi-box packs 15. Factor Valuations. antidumping duty order 3 on folding gift for sale to the retail customer. The scope 16. Currency Conversion. boxes from the PRC. We invited excludes folding gift boxes that have a 17. Adjustment Under Section 777A(f) of interested parties to comment on the retailer’s name, logo, trademark or the Act. 18. Conclusion. Preliminary Results. Domestic Parties similar company information printed filed comments in support of the prominently on the box’s top exterior [FR Doc. 2013–05042 Filed 3–4–13; 8:45 am] Department’s Preliminary Results and (such folding gift boxes are often known BILLING CODE 3510–DS–P no other party submitted comments. as ‘‘not-for-resale’’ gift boxes or ‘‘give- Due to the complex issues discussed in away’’ gift boxes and may be provided DEPARTMENT OF COMMERCE the Preliminary Results, the Department by department and specialty stores at no has conducted a full sunset review charge to their retail customers). The International Trade Administration pursuant to section 75l(c)(5)(C) of the scope of the order also excludes folding Tariff Act of 1930, as amended (‘‘the gift boxes where both the outside of the [A–570–866] Act’’). box is a single color and the box is not packaged in shrink-wrap, cellophane, Folding Gift Boxes From the People’s On December 10, 2012, the ITC other resin-based packaging films, or Republic of China: Final Results of the determined, pursuant to section 751(c) paperboard. Second Sunset Review and of the Act, that revocation of the Order would likely lead to a continuation or Imports of the subject merchandise Continuation of the Antidumping Duty are classified under Harmonized Tariff Order recurrence of material injury to an industry in the United States within a Schedules of the United States AGENCY: Import Administration, reasonably foreseeable time.4 (‘‘HTSUS’’) subheadings 4819.20.0040 International Trade Administration, and 4819.50.4060. These subheadings Scope of the Order Department of Commerce. also cover products that are outside the SUMMARY: On October 26, 2012, the The products covered by the order are scope of the order. Furthermore, Department of Commerce (the certain folding gift boxes. Folding gift although the HTSUS subheadings are ‘‘Department’’) published the boxes are a type of folding or knock- provided for convenience and customs preliminary results of the second sunset down carton manufactured from paper purposes, our written description of the review of the antidumping duty order or paperboard. Folding gift boxes are scope of the order is dispositive. on folding gift boxes from the People’s produced from a variety of recycled and Final Determination of Likelihood of Republic of China (‘‘PRC’’). We gave virgin paper or paperboard materials, Continuation or Recurrence of interested parties an opportunity to including, but not limited to, clay- Dumping comment on the preliminary results. coated paper or paperboard and kraft In the Preliminary Results, the The Folding Gift Boxes Fair Trade (bleached or unbleached) paper or Department preliminarily determined Coalition (‘‘Domestic Parties’’) 1 filed paperboard. The scope of the order that dumping would likely continue or comments in support of the excludes gift boxes manufactured from recur if the Order were revoked, because Department’s preliminary results and no paper or paperboard of a thickness of the Department found dumping above other party submitted comments. more than 0.8 millimeters, corrugated de minimis levels in the investigation Further, as a result of the paperboard, or paper mache. The scope segment of this proceeding, and we determinations by the Department and also excludes those gift boxes for which determined that folding gift box imports the International Trade Commission no side of the box, when assembled, is from the PRC have been increasing in (‘‘ITC’’) that revocation of the at least nine inches in length. volume during the period of this sunset antidumping duty order would likely Folding gift boxes included in the review. Thus, since issuance of the lead to a continuation or recurrence of scope are typically decorated with a Order, dumping has continued at rates dumping and material injury to an holiday motif using various processes, exceeding de minimis levels, which industry in the United States, the including printing, embossing, suggests that dumping is likely to Department is publishing a notice of debossing, and foil stamping, but may also be plain white or printed with a continue if the Order is revoked. continuation of the antidumping duty As stated above, Domestic Parties order. single color. The subject merchandise includes folding gift boxes, with or submitted comments in support of our DATES: Effective Date: March 5, 2013. without handles, whether finished or Preliminary Results, and we did not FOR FURTHER INFORMATION CONTACT: unfinished, and whether in one-piece or receive comment from any respondent Demitri Kalogeropoulos, AD/CVD multi-piece configuration. One-piece interested party. Therefore, for the Operations, Office 8, Import gift boxes are die-cut or otherwise reasons explained in the Preliminary Administration, International Trade formed so that the top, bottom, and Results, we continue to determine Administration, Department of sides form a single, contiguous unit. dumping would likely continue or recur Commerce, 14th Street and Constitution Two-piece gift boxes are those with a if the Order were revoked. Avenue NW., Washington, DC 20230; folded bottom and a folded top as telephone: (202) 482–2623. Final Determination of Magnitude of separate pieces. Folding gift boxes are the Dumping Margin Likely To Prevail SUPPLEMENTARY INFORMATION: generally packaged in shrink-wrap, In the Preliminary Results, the cellophane, or other packaging Background Department noted that section 752(c)(3) On October 26, 2012, the Department Second Sunset Review of the Antidumping Duty of the Act provides that the 2 published the preliminary results of Order, 77 FR 65361 (October 26, 2012) administering authority shall provide to (‘‘Preliminary Results’’). the ITC the magnitude of the margin of 1 The Folding Gift Boxes Fair Trade Coalition is 3 See Notice of Antidumping Duty Order: Certain dumping that is likely to prevail if the comprised of Harvard Folding Gift Box Company, Folding Gift Boxes From the People’s Republic of order were revoked. While normally, the Inc. and Graphic Packaging International, Inc., both China, 67 FR 864 (January 8, 2002) (‘‘Order’’). U.S. producers of folding gift boxes. 4 See Folding Gift Boxes from China: Investigation Department will select a margin from 2 See Folding Gift Boxes From the People’s No. 731–TA–921 (Second Review), USITC the final determination in the Republic of China: Preliminary Results of the Publication 4365 (November 2012). investigation because that is the only

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14270 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

calculated rate that reflects the behavior for all imports of subject merchandise. of the Order before NAFTA panels.2 On of exporters without the discipline of an The effective date of the continuation of August 10, 2011, the Department order or suspension agreement in place, the Order will be the date of publication revoked the Order, effective July 25, under certain circumstances, the in the Federal Register of this notice of 2010, as a result of a sunset review. See Department may select a more recently final results and continuation. Pursuant Stainless Steel Sheet and Strip in Coils calculated rate to report to the ITC. to section 751(c)(2) of the Act, the from Germany, Italy and Mexico, 76 FR Thus, we determined that the margins Department intends to initiate the next 49450 (August 10, 2011) (revocation of likely to prevail were the order revoked five-year review of the Order not later the antidumping duty orders). As a would be above de minimis. As stated than 30 days prior to the fifth result of this revocation, the Department above, Domestic Parties submitted anniversary of the effective date of instructed Customs and Border comments in support of our Preliminary continuation. Protection (CBP) to terminate the Results, and we did not receive We are issuing and publishing these suspension of liquidation and collection comments from any respondent results and notice in accordance with of cash deposits of the subject interested party. Therefore, for the sections 751(c), 752, and 777(i)(1) of the merchandise entered or withdrawn from reasons explained in the Preliminary Act. warehouse on or after July 25, 2010. On September 20, 2012, the Results, we continue to determine that Dated: February 25, 2013. the margins likely to prevail were the Department and Mexinox entered into a Order revoked would be above de Paul Piquado, Settlement Agreement that fully minimis. Assistant Secretary for Import resolves all pending NAFTA disputes Administration. brought by Mexinox. Pursuant to this Final Results of Sunset Review [FR Doc. 2013–05055 Filed 3–4–13; 8:45 am] settlement of litigation, the Department Pursuant to section 751(c) of the Act, BILLING CODE 3510–DS–P and Mexinox agreed to a termination of the Department determines that the following cases (collectively, the revocation of the Order on folding gift five NAFTA disputes): boxes from the PRC would likely lead to DEPARTMENT OF COMMERCE 1. In the Matter of Stainless Steel continuation or recurrence of dumping Sheet and Strip in Coils from Mexico: International Trade Administration at the rate listed below: Final Results of the 2004–2005 [A–201–822] Antidumping Duty Administrative Exporter Weighted-average Review, Secretariat File No. USA–MEX– margin Stainless Steel Sheet and Strip in Coils 2007–1904–01; From Mexico: Notice of Settlement of 2. In the Matter of Stainless Steel All exporters 5 ...... Above de minimis. NAFTA Proceedings Sheet and Strip in Coils from Mexico: Final Results of the 2005–2006 AGENCY: Import Administration, Antidumping Duty Administrative International Trade Administration, Notification Regarding Administrative Review, Secretariat File No. USA–MEX– Protective Order Department of Commerce. 2008–1904–01; SUMMARY: The Department of Commerce This notice also serves as the only 3. In the Matter of Stainless Steel (the Department) is announcing the reminder to parties subject to Sheet and Strip in Coils from Mexico: settlement of proceedings before five administrative protective order (‘‘APO’’) Final Results of the 2006–2007 separate North American Free Trade of their responsibility concerning the Antidumping Duty Administrative Agreement (NAFTA) binational dispute return or destruction of proprietary Review, Secretariat File No. USA–MEX– settlement panels. information disclosed under APO in 2009–1904–02; accordance with 19 CFR 351.305. DATES: Effective Date: March 5, 2013. 4. In the Matter of Stainless Steel Timely notification of the return or FOR FURTHER INFORMATION CONTACT: Sheet and Strip in Coils from Mexico: destruction of APO materials or Mykhaylo Gryzlov, Office of the Chief Final Results of the 2007–2008 conversion to judicial protective order is Counsel for Import Administration, U.S. Antidumping Duty Administrative hereby requested. Failure to comply Department of Commerce, 14th Street Review, Secretariat File No. USA–MEX– with the regulations and terms of an and Constitution Avenue NW., 2010–1904–01; 5. In the Matter of Stainless Steel APO is a violation which is subject to Washington, DC 20230; telephone: (202) Sheet and Strip in Coils from Mexico: sanction. 482–0833. Final Results of the 2008–2009 SUPPLEMENTARY INFORMATION: Continuation of the Order As a result of the determinations by Background review); Stainless Steel Sheet and Strip in Coils from Mexico, 73 FR 7710 (February 11, 2008) the Department and the ITC that On July 27, 1999, the Department (admin. review), as amended by 73 FR 14215 revocation of the Order on folding gift published the antidumping duty order (March 17, 2008); Stainless Steel Sheet and Strip in boxes from the PRC would likely lead to on stainless steel sheet and strip in coils Coils from Mexico, 74 FR 6365 (February 9, 2009); a continuation or recurrence of dumping Stainless Steel Sheet and Strip in Coils from from Mexico (SSSS from Mexico). See Mexico, 75 FR 6627 (February 10, 2010) (admin. and material injury to an industry in the Stainless Steel Sheet and Strip in Coils review), as amended by 75 FR 17122 (April 05, United States, pursuant to section from Mexico, 64 FR 40560 (July 27, 2010); Stainless Steel Sheet and Strip in Coils from 751(d)(2) of the Act, the Department 1999) (notice of amended LTFV Mexico, 76 FR 2332 (January 13, 2011) (admin. hereby orders the continuation of the review), as amended by 76 FR 76 FR 9542 (February determination and antidumping duty 18, 2011). antidumping duty order on folding gift order) (Order). Since the Order was 2 Allegheny Ludlum Corporation, North boxes from the PRC. U.S. Customs and issued, ThyssenKrupp Mexinox S.A. de American Stainless, and AK Steel Corporation Border Protection will continue to C.V. and Mexinox USA, Inc. (together, (collectively, the domestic industry or petitioners) collect antidumping duty cash deposits Mexinox) have challenged various challenged certain aspects of the final results of 1 Stainless Steel Sheet and Strip in Coils from at the rates in effect at the time of entry aspects of five administrative reviews Mexico, 71 FR 76978 (December 22, 2006) (admin. review). On April 14, 2010, the NAFTA panel 5 Max Fortune Industrial Ltd. was excluded from 1 Stainless Steel Sheet and Strip in Coils from affirmed the final results with respect to all aspects the Order. See Order. Mexico, 71 FR 76978 (December 22, 2006) (admin. challenged by petitioners.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14271

Antidumping Duty Administrative possibly the length of residence in the researchers, educators, policy makers, Review, Secretariat File No. USA–MEX– area affected by the sanctuary. and other various groups that help to 2011–1904–01. Applicants who are chosen should focus efforts and attention on the central Pursuant to the Settlement expect to serve until February 2016. California coastal and marine Agreement, the five NAFTA disputes DATES: Applications are due by April 1, ecosystems. have been dismissed. Pursuant to the 2013. The Advisory Council functions in an Settlement Agreement, following the ADDRESSES: Application kits may be advisory capacity to the Sanctuary publication of this notice, the obtained from 99 Pacific Street, Bldg. Superintendent and is instrumental in Department will instruct CBP to assess 455A, Monterey, CA, 93940 or online at helping develop policies, program goals, appropriate antidumping duties on the http://montereybay.noaa.gov/. and identify education, outreach, affected entries of the subject Completed applications should be sent research, long-term monitoring, resource merchandise and liquidate such entries to the same address. protection, and revenue enhancement as indicated below. FOR FURTHER INFORMATION CONTACT: priorities. The Advisory Council works in concert with the Sanctuary Assessment of Duties Jacqueline Sommers, 99 Pacific Street, Bldg. 455A, Monterey, CA, 93940, (831) Superintendent by keeping him or her Pursuant to the terms of the 647–4247, informed about issues of concern Settlement Agreement, for any entries of [email protected]. throughout the Sanctuary, offering the subject merchandise produced and recommendations on specific issues, exported by Mexinox that were entered SUPPLEMENTARY INFORMATION: The and aiding the Superintendent in or withdrawn from warehouse for MBNMS Advisory Council is a achieving the goals of the Sanctuary consumption from July 1, 2004 through community-based group that was program within the context of June 30, 2005, the Department will established in March 1994 to assure California’s marine programs and instruct CBP to liquidate the entries continued public participation in the policies. without regard to antidumping duties. management of the Sanctuary. Since its Authority: 16 U.S.C. Sections 1431, et seq. Pursuant to the terms of the Settlement establishment, the Advisory Council has Agreement, for any entries of the subject played a vital role in decisions affecting (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) merchandise produced and exported by the Sanctuary along the central Mexinox that were entered or California coast. Dated: February 26, 2013. withdrawn from warehouse for The Advisory Council’s twenty voting Daniel J. Basta, consumption from July 1, 2005 through members represent a variety of local Director, Office of National Marine June 30, 2009, the Department will user groups, as well as the general Sanctuaries, National Ocean Service, instruct CBP to assess duties at the cash public, plus seven local, state and National Oceanic and Atmospheric deposit rate in effect at the time of entry. federal governmental jurisdictions. In Administration. addition, the respective managers or [FR Doc. 2013–05011 Filed 3–4–13; 8:45 am] Dated: February 26, 2013. superintendents for the four California BILLING CODE 3510–NK–M Paul Piquado, National Marine Sanctuaries (Channel Assistant Secretary for Import Islands National Marine Sanctuary, Administration. Cordell Bank National Marine DEPARTMENT OF DEFENSE [FR Doc. 2013–05060 Filed 3–4–13; 8:45 am] Sanctuary, Gulf of the Farallones BILLING CODE 3510–DS–P National Marine Sanctuary and the Office of the Secretary Monterey Bay National Marine Sanctuary) and the Elkhorn Slough [Docket ID DoD–2012–OS–0129] DEPARTMENT OF COMMERCE National Estuarine Research Reserve sit Manual for Courts-Martial; Proposed as non-voting members. Amendments National Oceanic and Atmospheric Four working groups support the Administration Advisory Council: The Research AGENCY: Joint Service Committee on Activity Panel (‘‘RAP’’) chaired by the Availability of Seats for the Monterey Military Justice (JSC), Department of Research Representative, the Sanctuary Bay National Marine Sanctuary Defense. Education Panel (‘‘SEP’’) chaired by the Advisory Council ACTION: Notice of response to public Education Representative, the comments on proposed amendments to AGENCY: Office of National Marine Conservation Working Group (‘‘CWG’’) the Manual for Courts-Martial, United Sanctuaries (ONMS), National Ocean chaired by the Conservation States (2012 ed.)(MCM). Service (NOS), National Oceanic and Representative, and the Business and Atmospheric Administration (NOAA), Tourism Activity Panel (‘‘BTAP’’) co- SUMMARY: The Joint Service Committee Department of Commerce (DOC). chaired by the Business/Industry on Military Justice (JSC) is publishing ACTION: Notice and request for Representative and Tourism final proposed amendments to the applications. Representative, each dealing with Manual for Courts-Martial, United matters concerning research, education, States (MCM) to the Department of SUMMARY: The ONMS is seeking conservation and human use. The Defense. The proposed changes concern applications for the following vacant working groups are composed of experts the rules of procedure and evidence and seats on the Monterey Bay National from the appropriate fields of interest the punitive articles applicable in trials Marine Sanctuary Advisory Council: and meet monthly, or bimonthly, by courts-martial. These proposed Commercial Fishing. Applicants are serving as invaluable advisors to the changes have not been coordinated chosen based upon their particular Advisory Council and the Sanctuary within the Department of Defense under expertise and experience in relation to Superintendent. DoD Directive 5500.1, ‘‘Preparation, the seat for which they are applying; The Advisory Council represents the Processing and Coordinating community and professional affiliations; coordination link between the Legislation, Executive Orders, philosophy regarding the protection and Sanctuary and the state and federal Proclamations, Views Letters and management of marine resources; and management agencies, user groups, Testimony,’’ June 15, 2007, and do not

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14272 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

constitute the official position of the determine admissibility can be found in Dated: February 28, 2013. Department of Defense, the Military Mil. R. Evid. 412(c).’’ Aaron Siegel, Departments, or any other Government b. One commenter recommended Alternate OSD Federal Register Liaison agency. amending the Analysis to MRE 412. The Officer, Department of Defense. ADDRESSES: Comments and materials JSC has not adopted this proposal due [FR Doc. 2013–04994 Filed 3–4–13; 8:45 am] received from the public are available to the change to the 2012 change, BILLING CODE 5001–06–P for inspection or copying at the Joint involving the Military Rules of Services Policy and Legislation Section, Evidence, in which MRE 412 was not Military Justice Division, AFLOA/JAJM, changed and reverted back to its original DEPARTMENT OF DEFENSE 1500 West Perimeter Road, Suite 1130, substance. Instead the JSC proposes to Office of the Secretary Joint Base Andrews, Maryland, 20762, add the following discussion to the Analysis to MRE 412: between 9 a.m. and 4 p.m. Monday Department of Defense Task Force on ‘‘In 2011, the Court of Appeals for the through Friday, except Federal holidays. the Care, Management, and Transition Armed Forces expressed concern with FOR FURTHER INFORMATION CONTACT: of Recovering Wounded, Ill, and the constitutionality of the balancing Major Daniel C. Mamber, Chief of Joint Injured Members of the Armed Forces; test from Rule 412(c)(3) as amended in Services Policy and Legislation Section, Notice of Federal Advisory Committee 2007. See United States v. Gaddis, 70 Military Justice Division, AFLOA/JAJM, Meeting M.J. 248 (C.A.A.F. 2011), United States 1500 West Perimeter Road, Suite 1130, v. Ellerbrock, 70 M.J. 314 (C.A.A.F. AGENCY: Joint Base Andrews, Maryland, 20762, Office of the Assistant 2011).’’ 240–612–4828, email: Secretary of Defense, Department of c. One commenter suggested the [email protected]. Defense. portion of RCM 405(i) that requires the ACTION: Meeting notice. SUPPLEMENTARY INFORMATION: investigating officer to determine admissibility of MRE 412 evidence by SUMMARY: Under the provisions of the Background determining whether the ‘‘probative Federal Advisory Committee Act of On October 23, 2012 (77 FR 64854– value of such evidence outweighs the 1972 (5 U.S.C., Appendix, as amended), 64887), the JSC published a Notice of danger of unfair prejudice’’ is confusing the Government in the Sunshine Act of Proposed Amendments concerning the and should instead read that the 1976 (5 U.S.C. 552b, as amended), and rules of procedure and evidence and the ‘‘probative value of such evidence 41 CFR 102–3.150, the Department of punitive articles applicable in trials by outweighs the danger of unfair prejudice Defense announces that the following courts-martial and a Notice of Public or confusion of the issue.’’ However, Federal Advisory Committee meeting of Meeting to receive comments on these due to the rescission of the proposed the Department of Defense Task Force proposals. The public meeting was held change to MRE 412 in the proposed on the Care, Management, and on December 11, 2012. One member of changes submitted in 2011, and its Transition of Recovering Wounded, Ill, the public appeared. Several comments reversion back to its original substance, and Injured Members of the Armed were received via electronic mail and the JSC has not adopted this proposal. Forces (subsequently referred to as the were considered by the JSC. Instead RCM 405(i)(2)(B) will now be Task Force) will take place. amended as stated in paragraph a, DATES: Tuesday, April 2, 2013— Discussion of Comments and Changes supra. Wednesday, April 3, 2013 from 8:00 The JSC considered each public d. One commenter recommended a.m. to 5:00 p.m. EDT each day. comment, and after making minor amending the sample specifications ADDRESSES: DoubleTree by Hilton Hotel modifications, the JSC is satisfied that under Article 120, UCMJ, Paragraphs Washington DC-Crystal City, 300 Army the proposed amendments are f.(7)(a)–(f) to include ‘‘(arouse)(gratify Navy Drive, Arlington, VA 22202. appropriate to implement. Comments the sexual desire of)’’ to correspond to FOR FURTHER INFORMATION CONTACT: Mail that were submitted that are outside the the elements under Abusive Sexual Delivery service through Recovering scope of these proposed changes will be Contact. In addition, based on this Warrior Task Force, Hoffman Building considered as part of the JSC’s 2013 comment, JSC noted the same II, 200 Stovall St, Alexandria, VA annual review of the MCM. The JSC will inconsistency in Paragraphs f.(5)(a)–(e). 22332–0021 ‘‘Mark as Time Sensitive forward the public comments and Article 120, UCMJ, Paragraphs f.(5) and for April Meeting’’. Emails to proposed amendments to the (7) will be amended to include the [email protected]. Denise F. Dailey, Department of Defense. The public language in the sample specifications. Designated Federal Officer; Telephone comments regarding the proposed e. Comments making grammatical (703) 325–6640. Fax (703) 325–6710. changes follow: corrections were received. Those SUPPLEMENTARY INFORMATION: Purpose of a. One commenter recommended corrections were made. the Meeting: The purpose of the meeting adding the words ‘‘to the victim’s f. Comments were received suggesting is for the Task Force Members to privacy’’ to RCM 405(i)(2)(B)(iv) after additional amendments to RCMs 307, convene and gather data from panels ‘‘unfair prejudice’’ when discussing 405, 701, 703, 905, 906, 907, 908, 1003, and briefers on the Task Force’s topics when MRE 412(b) evidence is 1004; the Analysis to MREs 513 and of inquiry. admissible. Due to the rescission of the 514; Article 120; and Part IV, paragraph Agenda: (Refer to http:// proposed change to MRE 412 in the 16e pertaining to Article 92, UCMJ. dtf.defense.gov/rwtf/meetings.html for previous year’s proposed changes, and These suggested changes were not the most up-to-date meeting its reversion back to its original incorporated. Several suggested changes information). substance, the JSC has not adopted this were not contemplated in the proposals proposal. Instead, the JSC will make a currently under review. Those Day One: Tuesday, April 2, 2013 different change to RCM405(i)(2)(B), to suggestions will be considered in the 8:00 a.m.–9:15 a.m.—Task Force read as follows: course of the FY13 annual review of the Members Site Visit After Action ‘‘(B) Procedure to determine MCM, which is required by DoD Review admissibility. The procedure to Directive 5500.17. 9:15 a.m.–9:30 a.m.—Break

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14273

9:30 a.m.–10:30 a.m.—Office of the Ill, and Injured Members of the Armed Dated: February 28, 2013. Assistant Secretary of Defense for Forces about its mission and functions. Aaron Siegel, Health Affairs Centers of Excellence If individuals are interested in making Alternate OSD Federal Register Liaison Oversight Board an oral statement during the Public Officer, Department of Defense. 10:30 a.m.–10:45 a.m.—Break Forum time period, a written statement [FR Doc. 2013–05005 Filed 3–4–13; 8:45 am] 10:45 a.m.–11:30 a.m.—Office of the for a presentation of two minutes must BILLING CODE 5001–06–P Assistant Secretary of Defense for be submitted (see FOR FURTHER Health Affairs (Medical Home) INFORMATION CONTACT) and must identify 11:30 a.m.–12:15 p.m.—Office of the it is being submitted for an oral DEPARTMENT OF DEFENSE Assistant Secretary of Defense for presentation by the person making the Health Affairs (Urogenital Injuries) submission. Identification information Office of the Secretary 12:15 p.m.–1:00 p.m.—Break for Lunch must be provided and at a minimum [Docket ID DoD–2013–OS–0019] 1:00 p.m.–2:00 p.m.—Office of the must include a name and a phone Assistant Secretary of Defense for number. Individuals may visit the Task Privacy Act of 1974; System of Health Affairs (Defense Health Force Web site at http://dtf.defense.gov/ Records Agency Executive Office of rwtf/to view the Charter. Individuals Transition making presentations will be notified by AGENCY: Defense Logistics Agency, DoD. 2:00 p.m.–2:15 p.m.—Break Wednesday, March 27, 2013. Oral ACTION: Notice to delete a System of 2:15 p.m.–3:45 p.m.—Department of the presentations will be permitted only on Records. Navy N8 Engineering Process Wednesday, April 3, 2013 from 8:00 improvements using Industrial a.m. to 8:15 a.m. EDT before the Task SUMMARY: The Defense Logistics Agency Approaches for Navy IDES and Force. The number of oral presentations is deleting a system of records notice in Comprehensive Combat and will not exceed ten, with one minute of its existing inventory of record systems Complex Casualty Care (C5) questions available to the Task Force subject to the Privacy Act of 1974 (5 3:45 p.m.–4:00 p.m.—Break members per presenter. Presenters U.S.C. 552a), as amended. 4:00 p.m.–5:00 p.m.—VA-DoD should not exceed their two minutes. DATES: This proposed action will be Interagency Care and Coordination Written statements in which the effective on April 5, 2013 unless Committee (IC3) author does not wish to present orally comments are received which result in 5:00 p.m.—Wrap Up may be submitted at any time or in a contrary determination. Comments response to the stated agenda of a will be accepted on or before April 4, Day Two: Wednesday, April 3, 2013 planned meeting of the Department of 2013. 8:00 a.m.–8:15 a.m.—Public Forum Defense Task Force on the Care, ADDRESSES: You may submit comments, 8:15 a.m.–9:00 a.m.—Results of the Management, and Transition of identified by docket number and title, DoD/VA Employment Task Force Recovering Wounded, Ill, and Injured by any of the following methods: 9:00 a.m.–9:15 a.m.—Break Members of the Armed Forces. * Federal Rulemaking Portal: http:// 9:15 a.m.–10:15 a.m.—Office of the All written statements shall be www.regulations.gov. Follow the Assistant Secretary of Defense for submitted to the Designated Federal instructions for submitting comments. Health Affairs TRICARE Officer for the Task Force through the * Mail: Federal Docket Management Management Activity Survey contact information in FOR FURTHER System Office, 4800 Mark Center Drive, 10:15 a.m.–10:30 a.m.—Break INFORMATION CONTACT, and this East Tower, 2nd Floor, Suite 02G09, 10:30 a.m.–12:00 p.m.—Office of individual will ensure that the written Alexandria, VA 22350–3100. Warrior Care Policy statements are provided to the Instructions: All submissions received 12:00 p.m.–1:00 p.m.—Break for Lunch membership for their consideration. must include the agency name and 1:00 p.m.–2:30 p.m.—Nonprofits Panel: Statements, either oral or written, docket number for this Federal Register Yellow Ribbon Fund, Wounded being submitted in response to the document. The general policy for Warrior Project, Hope for the agenda mentioned in this notice must be comments and other submissions from Warriors received by the Designated Federal members of the public is to make these 2:30 p.m.–2:45 p.m.—Break Officer at the address listed in FOR 2:45 p.m.–3:45 p.m.—Center for submissions available for public FURTHER INFORMATION CONTACT no later viewing on the Internet at http:// Deployment Psychology than 5:00 p.m. EDT, Monday, March 25, 3:45 p.m.–4:00 p.m.—Break www.regulations.gov as they are 2013 which is the subject of this notice. received without change, including any 4:00 p.m.–5:00 p.m.—Returning Warrior Statements received after this date may Workshops, Yellow Ribbon personal identifiers or contact not be provided to or considered by the information. Reintegration Program Task Force until its next meeting. Please 5:00 p.m.—Wrap Up mark mail correspondence as ‘‘Time FOR FURTHER INFORMATION CONTACT: Ms. Public’s Accessibility to the Meeting: Sensitive for April Meeting.’’ Jody Sinkler, DLA FOIA/Privacy Act Pursuant to 5 U.S.C. 552b and 41 CFR The Designated Federal Officer will Office, Headquarters, Defense Logistics 102–3.140 through 102–3.165, and the review all timely submissions with the Agency, ATTN: DGA, 8725 John J. availability of space, this meeting is Task Force Co-Chairs and ensure they Kingman Road, Suite 1644, Fort Belvoir, open to the public. Seating is on a first- are provided to all members of the Task VA 22060–6221, or by phone at (703) come basis. Force before the meeting that is the 767–5045. Pursuant to 41 CFR 102–3.105(j) and subject of this notice. SUPPLEMENTARY INFORMATION: The 102–3.140, and section 10(a)(3) of the Reasonable accommodations will be Defense Logistics Agency system of Federal Advisory Committee Act of made for those individuals with records notice subject to the Privacy Act 1972, the public or interested disabilities who request them. Requests of 1974 (5 U.S.C. 552a), as amended, organizations may submit written for additional services should be have been published in the Federal statements to the Department of Defense directed to Ms. Heather Moore, (703) Register and are available from the Task Force on the Care, Management, 325–6640, by 5:00 p.m. EDT, Monday, address in FOR FURTHER INFORMATION and Transition of Recovering Wounded, March 25, 2013. CONTACT. The proposed deletions are

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14274 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

not within the purview of subsection (r) Instructions: All submissions received Reason: Based on a recent review of of the Privacy Act of 1974 (5 U.S.C. must include the agency name and the systems of records notices K700.02, 552a), as amended, which requires the docket number for this Federal Register Civilian Award Program File (February submission of a new or altered system document. The general policy for 22, 1993, 58 FR 10562); K700.17 603– report. comments and other submissions from 01, Official Personnel Folder Files Dated: February 28, 2013. members of the public is to make these (Standard Form 66) (August 9, 1993, 58 FR 42302); K700.09 603–02, Services Aaron Siegel, submissions available for public viewing on the Internet at http:// Record Card Files (February 22, 1993, Alternate OSD Federal Register Liaison 58 FR 10562); K700.07, Employee Officer, Department of Defense. www.regulations.gov as they are received without change, including any Record File (February 22, 1993, 58 FR S335.01 personal identifiers or contact 10562) and K890.05, Overseas Rotation information. Program Files (February 22, 1993, 58 FR SYSTEM NAME: FOR FURTHER INFORMATION CONTACT: 10562) are covered by Government wide Training and Employee Development Jeanette Weathers-Jenkins, 6916 Cooper system of records notice OPM Govt-1, Record System (August 11, 2010, 75 FR Avenue, Fort Meade, MD 20755–7901, General Personnel Records (December 48655) or (301) 225–8158. 11, 2012, 77 FR 79694) and therefore can be deleted. Government-wide REASON: SUPPLEMENTARY INFORMATION: The notices can be found at http:// Defense Information Systems Agency The Defense Logistics Agency (DLA) dpclo.defense.gov/privacy/SORNs/govt/ systems of records notices subject to the systems of records notice, S335.01, Gov_Wide_Notices.html. Training and Employee Development Privacy Act of 1974 (5 U.S.C. 552a), as K700.13 602–26, Retention Register Record System, duplicates existing DoD- amended, have been published in the Files (February 22, 1993, 58 FR 10562). wide and OPM/Government-wide Federal Register and are available from K700.035 602–11, Active Application Privacy Act systems of records which the address in FOR FURTHER INFORMATION Files (Applicant Supply Files) (February cover Training and Employee CONTACT. The proposed deletions are 22, 1993, 58 FR 10562). Development Records. DoD-wide and not within the purview of subsection (r) K700.11 602–18, Promotion Register OPM/Government-wide notices can be of the Privacy Act of 1974, (5 U.S.C. and Record Files (February 22, 1993, 58 found at http://dpclo.defense.gov/ 552a), as amended, which requires the FR 10562). privacy/SORNs/SORNs.html. submission of a new or altered system K700.04, Priority Reassignment [FR Doc. 2013–05027 Filed 3–4–13; 8:45 am] report. Eligible File (February 22, 1993, 58 FR BILLING CODE 5001–06–P Dated: February 28, 2013. 10562). Aaron Siegel, K700.12 602–10, Civil Service Alternate OSD Federal Register Liaison Certificate Files (February 22, 1993, 58 DEPARTMENT OF DEFENSE Officer, Department of Defense. FR 10562). Reason: Based on a recent review of Office of the Secretary Deletions: the systems of records notices K700.13 K107.01, Investigation of Complaint 602–26, Retention Register Files [Docket ID DoD–2013–OS–0041] of Discrimination (February 22, 1993, 58 (February 22, 1993, 58 FR 10562); FR 10562). K700.035 602–11, Active Application Privacy Act of 1974; System of Files (Applicant Supply Files) (February Records KMIN.01, Minority Identification File List (February 22, 1993, 58 FR 10562). 22, 1993, 58 FR 10562); K700.11 602– AGENCY: Defense Information Systems Reason: Based on a recent review of 18, Promotion Register and Record Files Agency, DoD. the systems of records notices (SORNs) (February 22, 1993, 58 FR 10562); K700.04, Priority Reassignment Eligible ACTION: Notice to delete nineteen K107.01, Investigation of Complaint of systems of records notices. Discrimination (February 22, 1993, 58 File (February 22, 1993, 58 FR 10562); FR 10562) and KMIN.01, Minority and K700.12 602–10, Civil Service SUMMARY: The Defense Information Identification File List (February 22, Certificate Files (February 22, 1993, 58 Systems Agency is deleting nineteen 1993, 58 FR 10562), are covered by the FR 10562) it was found they are covered systems of records notices in its existing Government wide system of records by the Government wide system of inventory of record systems subject to notice EEOC/GOVT–1, Equal records notice OPM Govt-5, Recruiting, the Privacy Act of 1974 (5 U.S.C. 552a), Employment Opportunity in the Federal Examining, and Placement Records as amended. Government Complaint and Appeal (June 19, 2006, 71 FR 35351) and DATES: This proposed action will be Records (July 30, 2002, 67 FR 49338). therefore can be deleted. Government- effective on April 5, 2013 unless Therefore, these notices can be deleted. wide notices can be found at http:// Government-wide notices can be found dpclo.defense.gov/privacy/SORNs/govt/ comments are received which result in _ _ a contrary determination. Comments at http://dpclo.defense.gov/privacy/ Gov Wide Notices.html. will be accepted on or before April 4, SORNs/govt/Gov_Wide_Notices.html. K700.16, Classification Appeals File 2013. K700.02, Civilian Award Program File (February 22, 1993, 58 FR 10562). (February 22, 1993, 58 FR 10562). K700.10 603–08, Annual ADDRESSES: You may submit comments, K700.17 603–01, Official Personnel Classification Maintenance Review File identified by docket number and title, Folder Files (Standard Form 66) (August (February 22, 1993, 58 FR 10562). by any of the following methods: 9, 1993, 58 FR 42302). Reasons: Based on a recent review of * Federal Rulemaking Portal: http:// K700.09 603–02, Services Record the systems of records notices K700.16, www.regulations.gov. Follow the Card Files (February 22, 1993, 58 FR Classification Appeals File (February instructions for submitting comments. 10562). 22, 1993, 58 FR 10562); and K700.10 * Mail: Federal Docket Management K700.07, Employee Record File 603–08, Annual Classification System Office, 4800 Mark Center Drive, (February 22, 1993, 58 FR 10562). Maintenance Review File (February 22, East Tower, 2nd Floor, Suite 02G09, K890.05, Overseas Rotation Program 1993, 58 FR 10562), it was found that Alexandria, VA 22350–3100. Files (February 22, 1993, 58 FR 10562). they are covered by OPM Govt-9, File on

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14275

Position Classification Appeals, Job by OPM Govt-3, Records of Adverse Washington, DC 20301–1155, or by Grading Appeals, and Retained Grade or Actions, Performance Based Reduction phone at (571) 372–0461. Pay Appeals, and Fair Labor Standard in Grade and Removal Actions, and SUPPLEMENTARY INFORMATION: The Office Act (FLSA) Claims and Complaints Termination of Probationers (June 19, of the Secretary of Defense notices for (June 19, 2006, 71 FR 35358), and can 2006, 71 FR 35350), the DD Form 1787 systems of records subject to the Privacy therefore be deleted. Government-wide (Report of DoD and Defense Related Act of 1974 (5 U.S.C. 552a), as amended, notices can be found at http:// Employment As Required by 10 U.S.C. have been published in the Federal dpclo.defense.gov/privacy/SORNs/govt/ 2397) has been cancelled, so therefore Register and are available from the _ _ Gov Wide Notices.html. the notice can be deleted. Government- address in FOR FURTHER INFORMATION KPAC.02, Authorization to Sign for wide notices can be found at http:// CONTACT. The proposed system report, Classified Material List (February 22, dpclo.defense.gov/privacy/SORNs/govt/ as required by 5 U.S.C. 552a(r) of the 1993, 58 FR 10562). Gov_Wide_Notices.html. Privacy Act of 1974, as amended, was Reason: The SORN KPAC.2, [FR Doc. 2013–05039 Filed 3–4–13; 8:45 am] submitted on February 21, 2013, to the Authorization to Sign for Classified BILLING CODE 5001–06–P House Committee on Oversight and Material List is covered by K890.13, Government Reform, the Senate Security Container Information Committee on Governmental Affairs, (September 22, 2010, 75 FR 57740). All DEPARTMENT OF DEFENSE and the Office of Management and files were destroyed after expiration of Budget (OMB) pursuant to paragraph 4c the retention period and all active files Office of the Secretary of Appendix I to OMB Circular No. A– were transferred. Therefore KPAC.2, 130, ‘‘Federal Agency Responsibilities Authorization to Sign for Classified [Docket ID DoD–2013–OS–0033] for Maintaining Records About Material List can be deleted. Individuals,’’ dated February 8, 1996 K700.05, Executive Level Position Privacy Act of 1974; System of (February 20, 1996, 61 FR 6427). Files (February 22, 1993, 58 FR 10562). Records Reason: The SORN K700.05, Dated: February 28, 2013. AGENCY: Executive Level Position Files is Office of the Secretary of Aaron Siegel, Defense, DoD. covered by OPM Govt-2, Employee Alternate OSD Federal Register Liaison Performance File System Records (June ACTION: Notice to add a New System of Officer, Department of Defense. 19, 2006, 71 FR 35347). All files were Records. DWHS C01 destroyed after expiration of the SUMMARY: The Office of the Secretary of retention period and all active files were Defense proposes to add a new system SYSTEM NAME: transferred. Therefore K700.05, of records in its inventory of record Enterprise Support Portal (ESP). Executive Level Position Files can be systems subject to the Privacy Act of deleted. Government-wide notices can SYSTEM LOCATION: 1974 (5 U.S.C. 552a), as amended. be found at http://dpclo.defense.gov/ Washington Headquarters Service, DATES: privacy/SORNs/govt/ This proposed action will be Enterprise Information Technology Gov_Wide_Notices.html. effective on April 5, 2013 unless Services Directorate, 1155 Defense K240.03, Clearance File for Defense comments are received which result in Pentagon, Room 3B957, Washington, DC Information Systems Agency (DISA) a contrary determination. Comments 20301–1155. Personnel (February 22, 1993, 58 FR will be accepted on or before April 4, 10562). 2013. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Reasons: The SORN K240.03, ADDRESSES: You may submit comments, Clearance File for Defense Information identified by docket number and title, Military personnel, DoD civilian Systems Agency (DISA) is now covered by any of the following methods: employees and contractor employees by DMDC 12 DoD, Joint Personnel * Federal Rulemaking Portal: http:// assigned to the Office of the Secretary of Adjudication System (JPAS) (May 3, www.regulations.gov. Follow the Defense (OSD), the Pentagon Force 2011, 76 FR 24863). All closed case files instructions for submitting comments. Protection Agency (PFPA), or were destroyed after expiration of the * Mail: Federal Docket Management Washington Headquarters Services retention period and all active case files System Office, 4800 Mark Center Drive, (WHS). were transferred and therefore K240.03 East Tower, 2nd Floor, Suite 02G09, CATEGORIES OF RECORDS IN THE SYSTEM: can be deleted. Alexandria, VA 22350–3100. KEUR.10, Personnel File (February Instructions: All submissions received Full name, DoD ID number, work 22, 1993, 58 FR 10562). must include the agency name and contact information (phone number, Reason: The SORN KEUR.10, docket number for this Federal Register DoD email address, and physical Personnel File is covered by OPM Govt- document. The general policy for location), alternate worksite address, 1, General Personnel Records (December comments and other submissions from alternate worksite telephone number, 11, 2012, 77 FR 79694). All files were members of the public is to make these and alternate worksite email address. destroyed or transferred after expiration submissions available for public Copies of network acceptable use of the retention period. Therefore viewing on the Internet at http:// agreements, existence/non-existence of KEUR.10, Personnel Files can be www.regulations.gov as they are work related reportable items (e.g., deleted. Government-wide notices can received without change, including any issuance of parking passes, passports, be found at http://dpclo.defense.gov/ personal identifiers or contact Blackberries, laptops). privacy/SORNs/govt/ information. Gov_Wide_Notices.html. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: K700.06, Report of Defense Related FOR FURTHER INFORMATION CONTACT: Ms. 10 U.S.C. 113, Secretary of Defense; Employment (February 22, 1993, 58 FR Cindy Allard, Chief, OSD/JS Privacy DoD Directive 5105.53, Director of 10562). Office, Freedom of Information Administration and Management; and Reason: The SORN K700.06, Report of Directorate, Washington Headquarters DoD Directive 5110.4, Washington Defense Related Employment is covered Service, 1155 Defense Pentagon, Headquarters Services.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14276 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

PURPOSE(S): is contained in this system of records a contrary determination. Comments To assist OSD Components in should address written inquiries to the will be accepted on or before April 4, organizational management tasks, Manager, Enterprise System Portal, 2013. manpower-related tasks, and general Washington Headquarters Services, ADDRESSES: You may submit comments, administrative tasks related to 1235 S. Clark Street, Suite 920, identified by docket number and title, employees by retrieving information Arlington, VA 22202–4366. by any of the following methods: from the authoritative sources and Requests should contain the first and * Federal Rulemaking Portal: http:// storing administrative information last name of the individual, the DoD ID www.regulations.gov. Follow the within the Enterprise Support Portal. To number, and be signed. instructions for submitting comments. process network/system account * Mail: Federal Docket Management RECORD ACCESS PROCEDURES: requests, IT service/helpdesk requests, System Office, 4800 Mark Center Drive, and facilities requests. Individuals seeking access to records East Tower, 2nd Floor, Suite 02G09, about themselves contained in this Alexandria, VA 22350–3100. ROUTINE USES OF RECORDS MAINTAINED IN THE system of records should address Instructions: All submissions received SYSTEM, INCLUDING CATEGORIES OF USERS AND written inquires to the Office of the must include the agency name and THE PURPOSES OF SUCH USES: Secretary of Defense/Joint Staff Freedom docket number for this Federal Register In addition to those disclosures of Information Act Requester Service document. The general policy for generally permitted under 5 U.S.C. Center, Washington Headquarters comments and other submissions from 552a(b) of the Privacy Act of 1974, as Services/Executive Services Directorate, members of the public is to make these amended, the records contain herein 4800 Mark Center Drive, Alexandria, VA submissions available for public may specifically be disclosed outside 22350–3100. viewing on the Internet at http:// the DoD as a routine use pursuant to 5 Requests should be signed and www.regulations.gov as they are U.S.C. 552a(b)(3) as follows: include the first and last name, the DoD received without change, including any The DoD Blanket Routine Uses set ID number, and the name and number personal identifiers or contact forth at the beginning of the Office of of this system of records notice. information. the Secretary of Defense (OSD) systems of records notices may apply to this CONTESTING RECORD PROCEDURES: FOR FURTHER INFORMATION CONTACT: Ms. system. The OSD rules for accessing records, Sally Hughes, Headquarters, U.S. contesting contents, and appealing Marine Corps, FOIA/PA Section (ARSF), POLICIES AND PRACTICES FOR STORING, initial agency determinations are 3000 Marine Corps Pentagon, RETRIEVING, ACCESSING, RETAINING, AND Washington, DC 20380–1775 or by DISPOSING OF RECORDS IN THE SYSTEM: contained in OSD Administrative Instruction 81; 32 Code of Federal telephone at (703) 614–4008. STORAGE: Regulations part 311; or may be SUPPLEMENTARY INFORMATION: The Office Electronic storage media. obtained from the system manager. of the Secretary of Defense systems of records notices subject to the Privacy RETRIEVABILITY: RECORD SOURCE CATEGORIES: Act of 1974 (5 U.S.C. 552a), as amended, Name and/or DoD ID number. Defense Civilian Personnel Data have been published in the Federal SAFEGUARDS: System, Defense Enrollment Eligibility Register and are available from the Reporting System, Military Personnel, address in FOR FURTHER INFORMATION Records are maintained in a and Global Force Management-Data CONTACT. controlled area accessible only to Initiative (GFM–DI). The U.S. Marine Corps proposes to authorized personnel. Entry is restricted delete twenty-three systems of records to personnel with a valid requirement EXEMPTIONS CLAIMED FOR THE SYSTEM: notices from its inventory of record and authorization to enter. Physical None. systems subject to the Privacy Act of access is restricted by the use of locks, [FR Doc. 2013–05047 Filed 3–4–13; 8:45 am] 1974 (5 U.S.C. 552a), as amended. The guards and administrative procedures. BILLING CODE 5001–06–P proposed deletion is not within the Access to personally identifiable purview of subsection (r) of the Privacy information is role based and restricted Act of 1974 (5 U.S.C. 552a), as amended, to those who require the records in the DEPARTMENT OF DEFENSE which requires the submission of a new performance of their official duties. or altered system report. Access is further restricted by the use of Office of the Secretary system permissions and Common Dated: February 28, 2013. Access Cards (CAC). All individuals [Docket ID DoD–2013–OS–0042] Aaron Siegel, granted access to this system must Alternate OSD Federal Register Liaison Privacy Act of 1974; System of receive annual Information Assurance Officer, Department of Defense. Records and Privacy Act training. Deletions: AGENCY: United States Marine Corps, RETENTION AND DISPOSAL: MHD00001, Biographical Files DoD. Records are destroyed three years (February 22, 1993, 58 FR 10630). ACTION: after departure of the individual. Notice to delete twenty-three Reason: Systems of Records. Records are covered by NM 05724–1 SYSTEM MANAGER AND ADDRESS: Fleet Hometown News System (FHNS) SUMMARY: Manager, Enterprise System Portal, The U.S. Marine Corps is Records. All records have been scanned Washington Headquarters Services, deleting twenty-three systems of records and relocated to system. 1235 S. Clark Street, Suite 920, notices from its existing inventory of Therefore, MHD00001, Biographical Arlington, VA 22202–4366. record systems subject to the Privacy Files can be deleted. Act of 1974 (5 U.S.C. 552a), as amended. MHD00006, Register/Lineal Lists NOTIFICATION PROCEDURE: DATES: This proposed action will be (February 22, 1993, 58 FR 10630). Individuals seeking to determine effective on April 5, 2013 unless Reason: Records are covered by whether information about themselves comments are received which result in M01070–6, Marine Corps Official

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14277

Military Personnel Files. All files have Reason: Records are covered by and M06320–1 Marine Corps Total been scanned and relocated to system. M06320–1 Marine Corps Total Information Management Records. All Therefore, MHD00006, Register/ Information Management Records. All records that have met their retention Lineal Lists can be deleted. records that have met their retention have been deleted. All others have been MIL00015, Housing Referral Services have been deleted. All others have been incorporated into the new system. Records System (February 22, 1993, 58 incorporated into the new system. Therefore, MMN00013, Personnel FR 10630). Therefore, MMC00008, Message Management Working Files can be Reason: Records are covered by Release/Pickup authorization File can deleted. NM11101–1, DON Family and Bachelor be deleted. MMN00027, Marine Corps Military Housing Program. All records that have MMC00009, Narrative Biographical Personnel Records Access Files met their retention have been deleted. Data with Photos (August 3, 1993, 58 FR (February 22, 1993, 58 FR 10630). All others have been incorporated into 41254). Reason: Records are accessed via the new system. Reason: Records are covered by Marine Corps Total Force System Therefore, MIL00015, Housing M01070–6, Marine Corps Official (MCTFS) which is covered under Referral Services Records System can be Military Personnel Files. All files have M01040–3 Marine Corps Manpower deleted. been scanned and relocated to system. MIL00016, Depot Maintenance Management Information System Therefore, MMC00009, Narrative Records, M01070–6, Marine Corps Management Subsystem (DMMS) Biographical Data with Photos can be (February 22, 1993, 58 FR 10630). Official Military Personnel Files, and deleted. M06320–1 Marine Corps Total Reason: Records are covered by MMN00005, Marine Corps Education NM0742–1, Time and Attendance Information Management Records. All Program (October 22, 1999, 64 FR records that have met their retention Feeder Records. All records that have 57071). met their retention have been deleted. have been deleted. All others have been Reason: Records are covered by three incorporated into the new systems. All others have been incorporated into existing systems; M01040–3, Marine the new system. Therefore, MMN00027, Marine Corps Corps Manpower Management Military Personnel Records Access Files Therefore, MIL00016, Depot Information System Records, NM01560– Maintenance Management Subsystem can be deleted. 2 Department of Defense Voluntary MMN00034, Personnel Procurement (DMMS) can be deleted. Education System, and NM01500–2 MIL00017, Transportation Data Working Files (August 17, 1999, 64 FR Department of the Navy Education and Financial Management System (TDFMS) 44698). Training Records. All records that have (February 22, 1993, 58 FR 10630). Reason: Records are covered by four met their retention have been deleted. Reason: Records are covered by F024 existing systems; M01133–3, Marine All others have been incorporated into AF USTRANSCOM D DOD, Defense Corps Recruiting Information Support the new system. Transportation System Records. All System, M01040–3 Marine Corps Therefore, MMN00005, Marine Corps records that have met their retention Manpower Management Information have been deleted. All others have been Education Program can be deleted. MMN00010, Personnel Services System Records, M01070–6, Marine incorporated into the new system. Corps Official Military Personnel Files, Therefore, MIL00017, Transportation Working Files (February 22, 1993, 58 FR 10630). and M06320–1 Marine Corps Total Data Financial Management System Information Management Records. All (TDFMS) can be deleted. Reason: Records are covered by two existing systems; M01070–6, Marine records that have met their retention MJA00010, Unit Punishment Book have been deleted. All others have been (August 3, 1993, 58 FR 41254). Corps Official Military Personnel Files, and M01133–3, Marine Corps Recruiting incorporated into the new systems. Reason: Records are covered by two Therefore, MMN00034, Personnel existing system; M01040–3 Marine Information Support System. All records that have met their retention Procurement Working Files can be Corps Manpower Management deleted. Information System Records, and have been deleted. All others have been incorporated into the new system. MMN00035, Truth Teller/Static M01070–6, Marine Corps Official Listings (February 22, 1993, 58 FR Military Personnel Files. All records Therefore, MMN00010, Personnel 10630). that have met their retention have been Services Working Files can be deleted. Reason: Records are covered by deleted. All others have been MMN00011, Source Data Automated M01070–6, Marine Corps Official incorporated into the new systems. Fitness Report System (February 22, Therefore, MJA00010, Unit 1993, 58 FR 10630). Military Personnel Files. All files have Punishment Book can be deleted. Reason: Records are covered by an been scanned and relocated into the MMC00004, Adjutant Services existing system, M01070–6, Marine new system. Section Discharge Working Files Corps Official Military Personnel Files. Therefore, MMN00035, Truth Teller/ (August 3, 1993, 58 FR 41254). All files have been scanned and Static Listings can be deleted. Reason: Records are covered by two relocated to system. MMN00041, Non-Appropriated Fund system; M01040–3 Marine Corps Therefore, MMN00011, Source Data (NAF) Employee File (February 22, Manpower Management Information Automated Fitness Report System can 1993, 58 FR 10630). System Records, and M01070–6, Marine be deleted. Reason: Records are covered by two Corps Official Military Personnel Files. MMN00013, Personnel Management existing systems; DPR 34 DOD, Defense All records that have met their retention Working Files (February 22, 1993, 58 FR Civilian Personnel Data System, and have been deleted. All others have been 10630). NM07010–1, DON Non-Appropriated incorporated into the new systems. Reason: Records are covered by four Funds Standard payroll System. All Therefore, MMC00004, Adjutant existing systems; M01133–3, Marine records that have met their retention Services Section Discharge Working Corps Recruiting Information Support have been deleted. All others have been Files can be deleted. System, M01040–3 Marine Corps incorporated into the new system. MMC00008, Message Release/Pickup Manpower Management Information Therefore, MMN00041, Non- Authorization File (October 22, 1999, 64 System Records, M01070–6, Marine Appropriated Fund (NAF) Employee FR 57071). Corps Official Military Personnel Files, File can be deleted.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14278 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

MMN00043, Marine Corps Recreation MRS00003, Marine Corps Reserve have been published in the Federal Property Records and Facilities HIV Program (February 22, 1993, 58 FR Register and are available from the (February 22, 1993, 58 FR 10630). 10630). address in FOR FURTHER INFORMATION Reason: Records are covered by Reason: Records are covered by CONTACT. The proposed system report, NM01700–1, DON General Morale, N016150–2 Health Care Record System. as required by 5 U.S.C. 552a(r) of the Welfare, and Recreation Records. All All records that have met their retention Privacy Act of 1974, as amended, was records that have met their retention have been deleted. All others have been submitted on February 20, 2013, to the have been deleted. All others have been incorporated into the new system. House Committee on Oversight and incorporated into the new system. Therefore, MRS00003, Marine Corps Government Reform, the Senate Therefore, MMN00043, Marine Corps Reserve HIV Program can be deleted. Committee on Governmental Affairs, Recreation Property Records and [FR Doc. 2013–05040 Filed 3–4–13; 8:45 am] and the Office of Management and Facilities can be deleted. BILLING CODE 5001–06–P Budget (OMB) pursuant to paragraph 4c MMN00048, Performance Evaluation of Appendix I to OMB Circular No. A– Review Board (February 22, 1993, 58 FR 130, ‘‘Federal Agency Responsibilities 10630). DEPARTMENT OF DEFENSE for Maintaining Records About Reason: Records are covered by Individuals,’’ dated February 8, 1996 NM01000–1 Board for Correction of Office of the Secretary (February 20, 1996, 61 FR 6427). Naval Records Tracking System [Docket ID DoD–2013–OS–0032] Dated: February 28, 2013. (BCNRTS) and Case Files. All records Aaron Siegel, Privacy Act of 1974; System of that have met their retention have been Alternate OSD Federal Register Liaison deleted. All others have been Records Officer, Department of Defense. incorporated into the new system. AGENCY: Office of the Secretary, DoD. Therefore, MMN00048, Performance S170.04 Evaluation Review Board can be ACTION: Notice to alter a System of SYSTEM NAME: deleted. Records. MMN00049, Manpower Management Fraud and Irregularities (July 14, SUMMARY: The Defense Logistics Agency 2008; 73 FR 40304). Information System (February 22, 1993, proposes to alter a system of records in 58 FR 10630). its inventory of record systems subject CHANGES: Reason: Records are covered by two to the Privacy Act of 1974 (5 U.S.C. * * * * * existing systems; M0140–3 Marine 552a), as amended. Corps Manpower Management SYSTEM NAME: DATES: This proposed action will be Information System Records and Delete entry and replace with effective on April 5, 2013 unless M06320–1 Marine Corps Total ‘‘Debarment and Suspension Files.’’ comments are received which result in Information Management Records. All a contrary determination April 4, 2013. * * * * * records that have met their retention have been deleted. All others have been ADDRESSES: You may submit comments, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: incorporated into the new system. identified by docket number and title, Delete entry and replace with ‘‘10 Therefore, MMN00049, Manpower by any of the following methods: U.S.C. 136, Under Secretary of Defense Management Information System can be * Federal Rulemaking Portal: http:// for Personnel and Readiness; 10 U.S.C. deleted. www.regulations.gov. Follow the 133, Under Secretary of Defense for MMN00051, Individual Recruiter instructions for submitting comments. Acquisition, Technology, and Logistics; Training Record (February 22, 1993, 58 * Mail: Federal Docket Management Pub.L. 95–521, Ethics in Government FR 10630) System Office, 4800 Mark Center Drive, Act; and DoD Directive 7050.5, Reason: Records are covered by East Tower, 2nd Floor, Suite 02G09, Coordination of Remedies for Fraud and M01133–3, Marine Corps Recruiting Alexandria, VA 22350–3100. Corruption Related to Procurement Instructions: All submissions received Information Support System. All Activities.’’ must include the agency name and records that have met their retention docket number for this Federal Register PURPOSE(S): have been deleted. All others have been document. The general policy for Delete entry and replace with incorporated into the new system. comments and other submissions from ‘‘Information is used in the investigation Therefore, MMN00051, Individual members of the public is to make these and prosecution of criminal or civil Recruiter Training Record can be submissions available for public actions involving fraud, criminal deleted. viewing on the Internet at http:// conduct and antitrust violations and is MMT00002, Marine Corps Institute www.regulations.gov as they are used in determinations to suspend or Correspondence Training Records received without change, including any debar any individual or group of System (February 22, 1993, 58 FR personal identifiers or contact individuals or other entities from DLA 10630). information. procurement and sales.’’ Reason: Records are covered by two existing systems; NM01560–2 FOR FURTHER INFORMATION CONTACT: Ms. ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Defense Voluntary Jody Sinkler, DLA/FOIA/Privacy Act SYSTEM, INCLUDING CATEGORIES OF USERS AND Education System, and NM01500–2 Office, Headquarters, Defense Logistics THE PURPOSES OF SUCH USES: Department of the Navy Education and Agency, ATTN: DGA, 8725 John J. Delete entry and replace with ‘‘In Training Records. All records that have Kingman Road, Suite 1644, Fort Belvoir, addition to those disclosures generally met their retention have been deleted. VA 22060–6221, or by phone at (703) permitted under 5 U.S.C. 552a(b) of the All others have been incorporated into 767–5045. Privacy Act of 1974, as amended, these the new system. SUPPLEMENTARY INFORMATION: The Office records may specifically be disclosed Therefore, MMT00002, Marine Corps of the Secretary of Defense notices for outside the DoD as a routine use Institute Correspondence Training systems of records subject to the Privacy pursuant to 5 U.S.C. 552a(b)(3) as Records System can be deleted. Act of 1974 (5 U.S.C. 552a), as amended, follows:

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14279

Upon request, contractor suspension contesting contents, and appealing Office, Headquarters, Defense Logistics and debarment information may be initial agency determinations are Agency, ATTN: DGA, 8725 John J. disclosed to other Federal, state, and contained in 32 CFR part 323, or may Kingman Road, Suite 1644, Fort Belvoir, local agencies and with private industry be obtained from the DLA FOIA/Privacy VA 22060–6221, or by phone at (703) for the purpose of identifying those Act Office, Headquarters, Defense 767–5045. contractors that have provided non- Logistics Agency, ATTN: DGA, 8725 SUPPLEMENTARY INFORMATION: The conforming parts and/or have performed John J. Kingman Road, Suite 1644, Fort Defense Logistics Agency’s system of poorly on contracts. Belvoir, VA 22060–6221.’’ record subject to the Privacy Act of 1974 In response to inquiries concerning (5 U.S.C. 552a), as amended, have been RECORD SOURCE CATEGORIES: DLA’s entries into the General Services published in the Federal Register and Administration (GSA) maintained Delete entry and replace with are available from the address in FOR System for Award Management (SAM), ‘‘Federal, state and local investigative FURTHER INFORMATION CONTACT. DLA may confirm the identity of the agencies; other federal agencies; DLA The proposed changes to the record individual or other entities listed in employees; and the subject of the system being amended are set forth SAM. record.’’ below. The proposed amendment is not The DoD Blanket Routine Uses may * * * * * within the purview of subsection (r) of also apply to this system of records.’’ [FR Doc. 2013–05048 Filed 3–4–13; 8:45 am] the Privacy Act of 1974 (5 U.S.C. 552a), * * * * * BILLING CODE 5001–06–P as amended, which requires the submission of new or altered systems RETRIEVABILITY: reports. Delete from entry ‘‘or other entity’’. DEPARTMENT OF DEFENSE Dated: February 28, 2013. SAFEGUARDS: Office of the Secretary Aaron Siegel, Delete entry and replace with Alternate OSD Federal Register Liaison ‘‘Physical access to building is protected [Docket ID DoD–2013–OS–0025] Officer, Department of Defense. by uniformed security officers and Privacy Act of 1974; System of S110.85 requires a Common Access Card (CAC) Records for entry. Records, as well as computer SYSTEM NAME: terminals, are maintained in areas AGENCY: Defense Logistics Agency, DoD. Mandatory Declassification Review accessible only to authorized DLA ACTION: Notice to amend a System of (MDR) Files (April 29, 2011, 76 FR personnel and are password protected. Records. 24000). All who have access to the records are to have taken annual Information SUMMARY: The Defense Logistics Agency CHANGES: Assurance and Privacy training.’’ is proposing to amend a system of * * * * * records in its inventory of record * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: systems subject to the Privacy Act of Delete entry and replace with ‘‘E.O. SYSTEM MANAGER(S) AND ADDRESS: 1974 (5 U.S.C. 552a), as amended. Replace last word with ‘‘Activity.’’ 13526, Classified National Security DATES: This proposed action will be Information; DoD Manual 5200.01–V1, NOTIFICATION PROCEDURE: effective on April 5, 2013 unless DoD Information Security Program: comments are received which result in Delete entry and replace with Overview, Classification and a contrary determination. Comments ‘‘Individuals seeking to determine Declassification.’’ will be accepted on or before April 4, whether information about themselves * * * * * 2013. is contained in this system should [FR Doc. 2013–05034 Filed 3–4–13; 8:45 am] address written inquiries to the DLA ADDRESSES: You may submit comments, BILLING CODE 5001–06–P FOIA/Privacy Act Office, Headquarters, identified by docket number and title, Defense Logistics Agency, ATTN: DGA, by any of the following methods: 8725 John J. Kingman Road, Suite 1644, * Federal Rulemaking Portal: http:// DEPARTMENT OF DEFENSE Fort Belvoir, VA 22060–6221. www.regulations.gov. Inquiry should contain the record Follow the instructions for submitting Office of the Secretary subject’s full name, home address and comments. [Docket ID DoD–2013–OS–0040] telephone number.’’ * Mail: Federal Docket Management System Office, 4800 Mark Center Drive, Privacy Act of 1974; System of RECORD ACCESS PROCEDURES: East Tower, 2nd Floor, Suite 02G09, Records Delete entry and replace with Alexandria, VA 22350–3100. AGENCY: Defense Logistics Agency, DoD. ‘‘Individuals seeking access to Instructions: All submissions received information about themselves contained must include the agency name and ACTION: Notice to delete two Systems of in this system should address written docket number for this Federal Register Records. inquiries to the DLA FOIA/Privacy Act document. The general policy for SUMMARY: The Defense Logistics Agency Office, Headquarters, Defense Logistics comments and other submissions from is deleting two systems of records Agency, ATTN: DGA, 8725 John J. members of the public is to make these notices in its existing inventory of Kingman Road, Suite 1644, Fort Belvoir, submissions available for public record systems subject to the Privacy VA 22060–6221. viewing on the Internet at http:// Inquiry should contain the record Act of 1974 (5 U.S.C. 552a), as amended. www.regulations.gov as they are DATES: This proposed action will be subject’s full name, home address and received without change, including any telephone number.’’ effective on April 5, 2013 unless personal identifiers or contact comments are received which result in CONTESTING RECORD PROCEDURES: information. a contrary determination. Comments Delete entry and replace with ‘‘The FOR FURTHER INFORMATION CONTACT: Ms. will be accepted on or before April 4, DLA rules for accessing records, for Jody Sinkler, DLA FOIA/Privacy Act 2013.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14280 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

ADDRESSES: You may submit comments, ESAMS, identified as NM05100–5, U.S.C. 552a), as amended, have been identified by docket number and title, entitled ‘‘Enterprise Safety Applications published in the Federal Register and by any of the following methods: Management System (ESAMS)’’ last are available from the address in FOR * Federal Rulemaking Portal: http:// published in the Federal Register on FURTHER INFORMATION CONTACT. www.regulations.gov. March 25, 2011, at 76 FR 16739. The proposed system report, as Follow the instructions for submitting Therefore, these notices can be deleted. required by 5 U.S.C. 552a(r) of the comments. [FR Doc. 2013–05054 Filed 3–4–13; 8:45 am] Privacy Act of 1974, as amended, was * Mail: Federal Docket Management BILLING CODE 5001–06–P submitted on February 26, 2013, to the System Office, 4800 Mark Center Drive, House Committee on Oversight and East Tower, 2nd Floor, Suite 02G09, Government Reform, the Senate Alexandria, VA 22350–3100. DEPARTMENT OF DEFENSE Committee on Governmental Affairs, Instructions: All submissions received and the Office of Management and must include the agency name and Office of the Secretary Budget (OMB) pursuant to paragraph 4c docket number for this Federal Register [Docket ID DoD–2013–OS–0036] of Appendix I to OMB Circular No. A– document. The general policy for 130, ‘‘Federal Agency Responsibilities comments and other submissions from Privacy Act of 1974; System of for Maintaining Records About members of the public is to make these Records Individuals,’’ dated February 8, 1996 submissions available for public (February 20, 1996, 61 FR 6427). AGENCY: Office of the Secretary of viewing on the Internet at http:// Dated: February 28, 2013. www.regulations.gov as they are Defense, DoD. Aaron Siegel, received without change, including any ACTION: Notice to alter a System of personal identifiers or contact Records. Alternate OSD Federal Register Liaison Officer, Department of Defense. information. SUMMARY: The Defense Finance and T–7900 FOR FURTHER INFORMATION CONTACT: Ms. Accounting Service proposes to alter a Jody Sinkler, DLA FOIA/Privacy Act system of records notice in its inventory SYSTEM NAME: Office, Headquarters, Defense Logistics of record systems subject to the Privacy Operational Data Store (ODS) System Agency, ATTN: DGA, 8725 John J. Act of 1974 (5 U.S.C. 552a), as amended. (July 26, 2006, 71 FR 42357). Kingman Road, Suite 1644, Fort Belvoir, DATES: This proposed action will be VA 22060–6221, or by phone at (703) effective on April 5, 2013 unless CHANGES: 767–5045. comments are received which result in * * * * * SUPPLEMENTARY INFORMATION: The a contrary determination. Comments Defense Logistics Agency system of will be accepted on or before April 4, SYSTEM LOCATION: records notice subject to the Privacy Act 2013. Delete entry and replace with of 1974 (5 U.S.C. 552a), as amended, ‘‘Defense Information Systems Agency/ ADDRESSES: You may submit comments, have been published in the Federal Defense Enterprise Computing Center- identified by docket number and title, Register and are available from the Ogden, 7879 Wardleigh Road, Hill Air by any of the following methods: Force Base, UT 84056–5997.’’ address in FOR FURTHER INFORMATION • Federal Rulemaking Portal: http:// CONTACT. The proposed deletions are www.regulations.gov. Follow the * * * * * not within the purview of subsection (r) instructions for submitting comments. CATEGORIES OF RECORDS IN THE SYSTEM: of the Privacy Act of 1974 (5 U.S.C. • Mail: Federal Docket Management 552a), as amended, which requires the System Office, 4800 Mark Center Drive, Delete entry and replace with submission of a new or altered system East Tower, 2nd Floor, Suite 02G09, ‘‘Individual’s name, Social Security report. Alexandria, VA 22350–3100. Number (SSN), home address, Dated: February 28, 2013. Instructions: All submissions received employment information (employing agency, military branch of service, pay Aaron Siegel, must include the agency name and docket number for this Federal Register grade, years of service) financial Alternate OSD Federal Register Liaison information (bank account number and Officer, Department of Defense. document. The general policy for comments and other submissions from routing number, basic hourly pay rate) Deletions: members of the public is to make these and vender tax identification number.’’ S600.20 submissions available for public * * * * * SYSTEM NAME viewing on the Internet at http:// : STORAGE: DLA Fire and Emergency Services www.regulations.gov as they are received without change, including any Delete entry and replace with Program Records (May 7, 2010; 75 FR ‘‘Electronic storage media.’’ 25213) personal identifiers or contact information. * * * * * S600.30 FOR FURTHER INFORMATION CONTACT: Mr. SYSTEM MANAGER(S) AND ADDRESS: SYSTEM NAME: Gregory L. Outlaw, Defense Finance and Delete entry and replace with Safety, Health, Injury, and Accident Accounting Service, Freedom of ‘‘Defense Finance and Accounting Records (February 5, 2010; 75 FR 5997) Information/Privacy Act Program Service-Columbus, Operational Data Manager, Corporate Communications, Store System Manager, (ZTEAB/C), REASON: DFAS–HKC/IN, 8899 E. 56th Street, Building 11, Section 12–003, 3990 East DLA is currently using and receiving Indianapolis, IN 46249–0150 or at (317) Broad Street, Columbus, OH 43213– support from the Department of the 212–4591. 3990.’’ Navy ‘‘Enterprise Safety Applications SUPPLEMENTARY INFORMATION: The Management System (ESAMS).’’ Defense Finance and Accounting NOTIFICATION PROCEDURE: Records are now covered under the Service notices for systems of records Delete entry and replace with Privacy Act system of records for subject to the Privacy Act of 1974 (5 ‘‘Individuals seeking to determine

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14281

whether information about themselves comments are received which result in SYSTEM LOCATION: is contained in this record system a contrary determination. Comments Delete entry and replace with should address written inquiries to the will be accepted on or before April 4, ‘‘Defense Finance and Accounting Defense Finance and Accounting 2013. Service—Indianapolis Center, 8899 E. Service, Freedom of Information/ ADDRESSES: You may submit comments, 56th Street, Indianapolis, IN 46249– Privacy Act Program Manager, identified by docket number and title, 0001.’’ Corporate Communications, DFAS– by any of the following methods: * * * * * ZCF/IN, 8899 E. 56th Street, * Federal Rulemaking Portal: http:// Indianapolis, IN 46249–0150. www.regulations.gov. Follow the STORAGE: Requests should contain individual’s instructions for submitting comments. Delete entry and replace with full name, SSN for verification, current * Mail: Federal Docket Management ‘‘Electronic storage media.’’ address, and provide a reasonable System Office, 4800 Mark Center Drive, description of what they are seeking.’’ East Tower, 2nd Floor, Suite 02G09, RETRIEVABILITY: Alexandria, VA 22350–3100. Delete entry and replace with ‘‘Name RECORD ACCESS PROCEDURES: Instructions: All submissions received and SSN.’’ Delete entry and replace with must include the agency name and * * * * * ‘‘Individuals seeking access to docket number for this Federal Register information about themselves contained document. The general policy for SYSTEM MANAGER(S) AND ADDRESS: in this record system should address comments and other submissions from Delete entry and replace with written inquiries to Defense Finance members of the public is to make these ‘‘Director, Military Pay Operations, and Accounting Service, Freedom of submissions available for public Military and Civilian Pay Services, Information/Privacy Act Program viewing on the Internet at http:// Defense Finance and Accounting Manager, Corporate Communications, www.regulations.gov as they are Service, Indianapolis, 8899 East 56th DFAS–ZCF/IN, 8899 E. 56th Street, received without change, including any Street, Indianapolis, IN 46249.’’ Indianapolis, IN 46249–0150. personal identifiers or contact NOTIFICATION PROCEDURE: Request should contain individual’s information. full name, SSN for verification, current Delete entry and replace with FOR FURTHER INFORMATION CONTACT: address, and telephone number.’’ Mr. ‘‘Individuals seeking to determine Gregory L. Outlaw, Defense Finance and whether information about themselves CONTESTING RECORD PROCEDURES: Accounting Service, Freedom of is contained in this record system Delete entry and replace with ‘‘The Information/Privacy Act Program should address written inquiries to the Defense Finance and Accounting Manager, Corporate Communications, Defense Finance and Accounting Service (DFAS) rules for accessing DFAS–HKC/IN, 8899 E. 56th Street, Service, Freedom of Information/ records, for contesting contents and Indianapolis, IN 46249–0150 or at (317) Privacy Act Program Manager, appealing initial agency determinations 212–4591. Corporate Communications, DFAS– are published in Defense Finance and SUPPLEMENTARY INFORMATION: The ZCF/IN, 8899 E. 56th Street, Accounting Service Regulation 5400.11– Defense Finance and Accounting Indianapolis, IN 46249–0150. R, 32 CFR 324; or may be obtained from Service notices for systems of records Requests should contain individual’s the Defense Finance and Accounting subject to the Privacy Act of 1974 (5 full name, SSN, current address, and Service, Freedom of Information/ U.S.C. 552a), as amended, have been provide a reasonable description of Privacy Act Program Manager, published in the Federal Register and what they are seeking.’’ Corporate Communications, DFAS– are available from the address in FOR ZCF/IN, 8899 E. 56th Street, FURTHER INFORMATION CONTACT. RECORD ACCESS PROCEDURES: Indianapolis, IN 46249–0150.’’ The proposed changes to the record Delete entry and replace with * * * * * system being amended are set forth ‘‘Individuals seeking access to [FR Doc. 2013–05051 Filed 3–4–13; 8:45 am] below. The proposed amendment is not information about themselves contained BILLING CODE 5001–06–P within the purview of subsection (r) of in this record system should address the Privacy Act of 1974 (5 U.S.C. 552a), written inquiries to Defense Finance as amended, which requires the and Accounting Service, Freedom of DEPARTMENT OF DEFENSE submission of a new or altered system Information/Privacy Act Program report. Manager, Corporate Communications, Office of the Secretary Dated: February 28, 2013. DFAS–ZCF/IN, 8899 E. 56th Street, [Docket ID DoD–2013–OS–0027] Aaron Siegel, Indianapolis, IN 46249–0150. Alternate OSD Federal Register Liaison Request should contain individual’s Privacy Act of 1974; System of Officer, Department of Defense. full name, SSN, current address, and Records telephone number.’’ T7346 AGENCY: Office of the Secretary of CONTESTING RECORD PROCEDURES: SYSTEM NAME: Defense, DoD. Delete entry and replace with ‘‘The Defense Joint Military Pay System- ACTION: Notice to amend a System of Defense Finance and Accounting Records. Reserve Component (March 21, 2006, 71 Service (DFAS) rules for accessing FR 14182). records, for contesting contents and SUMMARY: The Defense Finance and * * * * * appealing initial agency determinations Accounting Service proposes to amend CHANGES: are published in Defense Finance and a system of records in its inventory of Accounting Service Regulation 5400.11– record systems subject to the Privacy SYSTEM IDENTIFIER: R, 32 CFR 324; or may be obtained from Act of 1974 (5 U.S.C. 552a), as amended. Delete entry and replace with the Defense Finance and Accounting DATES: This proposed action will be ‘‘T7344’’. Service, Freedom of Information/ effective on April 5, 2013 unless * * * * * Privacy Act Program Manager,

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14282 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Corporate Communications, DFAS– The proposed system report, as records are maintained requires a valid ZCF/IN, 8899 E. 56th Street, required by 5 U.S.C. 552a(r) of the Common Access Card (CAC). Electronic Indianapolis, IN 46249–0150.’’ Privacy Act of 1974, as amended, was files and databases are password * * * * * submitted on February 21, 2013, to the protected with access restricted to [FR Doc. 2013–05037 Filed 3–4–13; 8:45 am] House Committee on Oversight and authorized users. Paper records are BILLING CODE 5001–06–P Government Reform, the Senate secured in locked cabinets, offices, or Committee on Governmental Affairs, buildings during non-duty hours.’’ and the Office of Management and RETENTION AND DISPOSAL: DEPARTMENT OF DEFENSE Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A– Delete entry and replace with ‘‘Paper Office of the Secretary 130, ‘‘Federal Agency Responsibilities and electronic records are retained in the active file until an employee [Docket ID DoD–2013–OS–0031] for Maintaining Records About Individuals,’’ dated February 8, 1996 separates from the agency. At that time, records are moved to the inactive file, Privacy Act of 1974; System of (February 20, 1996, 61 FR 6427). retained for five years, and then deleted Records Dated: February 28, 2013. from the system. Paper records and AGENCY: Defense Contract Audit Aaron Siegel, electronic records on tapes produced by Agency, DoD. Alternate OSD Federal Register Liaison this system are destroyed by burning.’’ ACTION: Notice to alter a System of Officer, Department of Defense. * * * * * Records. RDCAA 152.1 NOTIFICATION PROCEDURE:

SUMMARY: The Defense Contract Audit SYSTEM NAME: Delete entry and replace with ‘‘Individuals seeking to determine Agency proposes to alter a system of The Enhanced Access Management whether information about themselves records in its inventory of record System (TEAMS) (April 29, 2004, 69 FR is contained in this system should systems subject to the Privacy Act of 23497). 1974 (5 U.S.C. 552a), as amended. address written inquiries to the Security DATES: This proposed action will be CHANGES: Office, Headquarters, Defense Contract effective on April 5, 2013 unless * * * * * Audit Agency, 8725 John J. Kingman comments are received which result in Road, Suite 2135, Fort Belvoir, VA a contrary determination. Comments CATEGORIES OF RECORDS IN THE SYSTEM: 22060–6219. will be accepted on or before April 4, Delete entry and replace with For verification purposes, requests 2013. ‘‘Records contain name, Social Security should contain name, SSN and/or DoD Number (SSN), Department of Defense ID Number, home address and home ADDRESSES: You may submit comments, Identification Number (DoD ID phone number, and approximate date of identified by docket number and title, Number), date and place of birth, home their association with DCAA for positive by any of the following methods: identification of requester. * Federal Rulemaking Portal: http:// address and home phone number, citizenship, position sensitivity, In addition, the requester must www.regulations.gov. Follow the provide a notarized statement or an instructions for submitting comments. accession date, type and number of DCAA identification, position number, unsworn declaration made in * Mail: Federal Docket Management accordance with 28 U.S.C. 1746, in the System Office, 4800 Mark Center Drive, organizational assignment, security adjudication, clearance, eligibility, and following format: East Tower, 2nd Floor, Suite 02G09, If executed outside the United States: investigation data.’’ Alexandria, VA 22350–3100. ‘I declare (or certify, verify, or state) Instructions: All submissions received AUTHORITY FOR MAINTENANCE OF THE SYSTEM: under penalty of perjury under the laws must include the agency name and Delete entry and replace with ‘‘5 of the United States of America that the docket number for this Federal Register U.S.C. 301, Departmental Regulations; foregoing is true and correct. Executed document. The general policy for DoD Directive 5105.36, Defense Contract on (date). (Signature)’. comments and other submissions from Audit Agency; E.O. 10450, Security If executed within the United States, members of the public is to make these Requirements for Government its territories, possessions, or submissions available for public Employees, as amended; E.O. 12958, commonwealths: ‘I declare (or certify, viewing on the Internet at http:// Classified National Security verify, or state) under penalty of perjury www.regulations.gov as they are that the foregoing is true and correct. Information; and E.O. 9397 (SSN), as received without change, including any Executed on (date). (Signature)’.’’ amended.’’ personal identifiers or contact RECORD ACCESS PROCEDURES: information. * * * * * Delete entry and replace with FOR FURTHER INFORMATION CONTACT: Mr. STORAGE: ‘‘Individuals seeking access to Keith Mastromichalis, DCAA FOIA/ Delete entry and replace with ‘‘Paper information about themselves contained Privacy Act Management Analyst, 8725 records and electronic storage media.’’ in this system should address written John J. Kingman Road, Suite 2135, Fort * * * * * inquiries to the Security Office, Belvoir, VA 22060–6219, or by Headquarters, Defense Contract Audit telephone at (703) 767–1022. SAFEGUARDS: Agency, 8725 John J. Kingman Road, SUPPLEMENTARY INFORMATION: The Delete entry and replace with Suite 2135, Fort Belvoir, VA 22060– Defense Contract Audit Agency notices ‘‘Electronic records are maintained in a 6219. for systems of records subject to the password-protected network and For verification purposes, requests Privacy Act of 1974 (5 U.S.C. 552a), as accessible only to DCAA civilian should contain name, SSN and/or DoD amended, have been published in the personnel, management, and ID Number, home address and home Federal Register and are available from administrative support personnel on a phone number, and approximate date of the address in FOR FURTHER INFORMATION need-to-know basis to perform their their association with DCAA for positive CONTACT. duties. Access to the network where identification of requester.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14283

In addition, the requester must comments and other submissions from SYSTEM MANAGER(S) AND ADDRESS: provide a notarized statement or an members of the public is to make these Delete entry and replace with unsworn declaration made in submissions available for public ‘‘Director, Information Operations, accordance with 28 U.S.C. 1746, in the viewing on the Internet at http:// ATTN: J–6, 8725 John J. Kingman Road, following format: www.regulations.gov as they are Stop 6226, Fort Belvoir, VA 22060– If executed outside the United States: received without change, including any 6221, and the Information Operations ‘I declare (or certify, verify, or state) personal identifiers or contact Offices of DLA Primary Level Field under penalty of perjury under the laws information. Activities. Official mailing addresses are of the United States of America that the FOR FURTHER INFORMATION CONTACT: published as an appendix to DLA’s foregoing is true and correct. Executed Ms. Jody Sinkler, DLA FOIA/Privacy Act compilation of systems of records on (date). (Signature)’. notices.’’ If executed within the United States, Office, Headquarters, Defense Logistics its territories, possessions, or Agency, ATTN: DGA, 8725 John J. NOTIFICATION PROCEDURE: commonwealths: ‘I declare (or certify, Kingman Road, Suite 1644, Fort Belvoir, Delete entry and replace with verify, or state) under penalty of perjury VA 22060–6221, or by phone at (703) ‘‘Individuals seeking to determine that the foregoing is true and correct. 767–5045. whether this system of records contains Executed on (date). (Signature)’.’’ SUPPLEMENTARY INFORMATION: The information about themselves should Defense Logistics Agency’s system of address written inquiries to the DLA CONTESTING RECORD PROCEDURES: record subject to the Privacy Act of 1974 FOIA/Privacy Act Office, Headquarters, Delete entry and replace with (5 U.S.C. 552a), as amended, have been Defense Logistics Agency, ATTN: DGA, ‘‘DCAA’s rules for accessing records, for published in the Federal Register and 8725 John J. Kingman Road, Suite 1644, contesting contents and appealing are available from the address in FOR Fort Belvoir, VA 22060–6221. initial agency determinations are FURTHER INFORMATION CONTACT. Inquiry should contain the subject published in DCAA Instruction 5410.10; The proposed changes to the record individual’s full name, Social Security 32 CFR part 317; or may be obtained system being amended are set forth Number (SSN), or user identification from the system manager.’’ below. The proposed amendment is not code.’’ * * * * * within the purview of subsection (r) of RECORD ACCESS PROCEDURES: [FR Doc. 2013–05046 Filed 3–4–13; 8:45 am] the Privacy Act of 1974 (5 U.S.C. 552a), BILLING CODE 5001–06–P as amended, which requires the Delete entry and replace with submission of new or altered systems ‘‘Individuals seeking to access records reports. about themselves contained in this DEPARTMENT OF DEFENSE system of records should address Dated: February 28, 2013. written inquiries to the DLA FOIA/ Office of the Secretary Aaron Siegel, Privacy Act Office, Headquarters, [Docket ID DoD–2013–OS–0024] Alternate OSD Federal Register Liaison Defense Logistics Agency, ATTN: DGA, Officer, Department of Defense. 8725 John J. Kingman Road, Suite 1644, Privacy Act of 1974; System of S500.55 Fort Belvoir, VA 22060–6221. Records Inquiry should contain the subject SYSTEM NAME: individual’s full name, Social Security AGENCY: Defense Logistics Agency, DoD. Number (SSN), or user identification ACTION: Information Technology Access and Notice to amend a System of code.’’ Records. Control Records (December 2, 2008, 73 FR 73247). CONTESTING RECORD PROCEDURES: SUMMARY: The Defense Logistics Agency Delete entry and replace with ‘‘The is proposing to amend a system of CHANGES: DLA rules for accessing records, for records in its inventory of record * * * * * contesting contents and appealing systems subject to the Privacy Act of initial agency determinations are 1974 (5 U.S.C. 552a), as amended. SYSTEM LOCATION: contained in 32 CFR part 323, or may Delete entry and replace with DATES: This proposed action will be be obtained from the DLA FOIA/Privacy ‘‘Director, Information Operations, effective on April 5, 2013 unless Act Office, Headquarters, Defense Headquarters Defense Logistics Agency, comments are received which result in Logistics Agency, ATTN: DGA, 8725 ATTN: J–6, 8725 John J. Kingman Road, a contrary determination. Comments John J. Kingman Road, Suite 1644, Fort Stop 6226, Fort Belvoir, VA 22060– will be accepted on or before April 4, Belvoir, VA 22060–6221.’’ 2013. 6221, and the Defense Logistics Agency Primary Level Field Activities. Official * * * * * ADDRESSES: You may submit comments, mailing addresses are published as an [FR Doc. 2013–05033 Filed 3–4–13; 8:45 am] identified by docket number and title, appendix to DLA’s compilation of BILLING CODE 5001–06–P by any of the following methods: * Federal Rulemaking Portal: http:// systems of records notices.’’ * * * * * www.regulations.gov. DEPARTMENT OF DEFENSE Follow the instructions for submitting RETENTION AND DISPOSAL: comments. Office of the Secretary * Mail: Federal Docket Management Delete entry and replace with System Office, 4800 Mark Center Drive, ‘‘Civilian and military records are [Docket ID DoD–2013–OS–0035] East Tower, 2nd Floor, Suite 02G09, deleted 1 year after the user’s account is Alexandria, VA 22350–3100. terminated from the system(s) listed on Privacy Act of 1974; System of Instructions: All submissions received the System Authorization Access Records must include the agency name and Request. Records relating to contractor docket number for this Federal Register access are destroyed 3 years after AGENCY: Office of the Secretary of document. The general policy for contract completion or termination.’’ Defense, DoD.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14284 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

ACTION: Notice to alter a system of Dated: February 28, 2013. is contained in this record system records. Aaron Siegel, should address written inquiries to the Alternate OSD Federal Register Liaison Defense Finance and Accounting SUMMARY: The Defense Finance and Officer, Department of Defense. Service, Freedom of Information/ Accounting Service proposes to alter a Privacy Act Program Manager, system of records notice in its inventory T7340 Corporate Communications, DFAS– of record systems subject to the Privacy SYSTEM NAME: ZCF/IN, 8899 E. 56th Street, Act of 1974 (5 U.S.C. 552a), as amended. Defense Joint Military Pay System- Indianapolis, IN 46249–0150. DATES: This proposed action will be Active Component (March 21, 2006, 71 Requests should contain individual’s effective on April 5, 2013 unless FR 14179). full name, SSN, current address, and comments are received which result in provide a reasonable description of a contrary determination. Comments CHANGES: what they are seeking.’’ will be accepted on or before April 4, * * * * * RECORD ACCESS PROCEDURES: 2013. SYSTEM LOCATION: Delete entry and replace with ADDRESSES: You may submit comments, Delete entry and replace with ‘‘Individuals seeking access to identified by docket number and title, ‘‘Defense Finance and Accounting information about themselves contained by any of the following methods: Service—Indianapolis Center, 8899 E. in this record system should address * Federal Rulemaking Portal: http:// 56th Street, Indianapolis, IN 46249– written inquiries to Defense Finance www.regulations.gov. Follow the 0150.’’ and Accounting Service, Freedom of instructions for submitting comments. Information/Privacy Act Program CATEGORIES OF INDIVIDUALS COVERED BY THE Manager, Corporate Communications, * Mail: Federal Docket Management SYSTEM: DFAS–ZCF/IN, 8899 E. 56th Street, System Office, 4800 Mark Center Drive, Delete entry and replace with Indianapolis, IN 46249–0150. East Tower, 2nd Floor, Suite 02G09, ‘‘Officers of the Air Force Reserve, Army Request should contain individual’s Alexandria, VA 22350–3100. Reserve, Navy Reserve and Air National full name, SSN, current address, and Instructions: All submissions received Guard on extended active duty; Air telephone number.’’ must include the agency name and Force Reserve and Air National Guard docket number for this Federal Register members on active duty where strength CONTESTING RECORD PROCEDURES: document. The general policy for accountability remains with the reserve Delete entry and replace with ‘‘The comments and other submissions from component; military academy cadets; Defense Finance and Accounting members of the public is to make these and Armed Forces Health Professions Service (DFAS) rules for accessing submissions available for public Scholarship Program (AFHPSP) records, for contesting contents and viewing on the Internet at http:// students.’’ appealing initial agency determinations www.regulations.gov as they are are published in Defense Finance and * * * * * received without change, including any Accounting Service Regulation 5400.11– personal identifiers or contact AUTHORITY FOR MAINTENANCE OF THE SYSTEM: R, 32 CFR 324; or may be obtained from information. Delete entry and replace with ‘‘5 the Defense Finance and Accounting Service, Freedom of Information/ FOR FURTHER INFORMATION CONTACT: Mr. U.S.C. 301, Departmental Regulations; 37 U.S.C., Pay and Allowances of the Privacy Act Program Manager, Gregory L. Outlaw, Defense Finance and Corporate Communications, DFAS– Accounting Service, Freedom of Uniformed Services; DoD Directive 5154.29, DoD Pay and Allowances ZCF/IN, 8899 E. 56th Street, Information/Privacy Act Program Indianapolis, IN 46249–0150.’’ Manager, Corporate Communications, Policy and Procedures; DoD 7000.14–R, DFAS–HKC/IN, 8899 E. 56th Street, DoD Financial Management Manual, * * * * * Indianapolis, IN 46249–0150 or at (317) Volume 7A, Military Pay Policy and [FR Doc. 2013–05050 Filed 3–4–13; 8:45 am] 212–4591. Procedures—Active Duty and Reserve BILLING CODE 5001–06–P Pay; Joint Federal Travel Regulations SUPPLEMENTARY INFORMATION: The (JFTR), Volume 1, Uniformed Services Defense Finance and Accounting Member, current edition; and E.O. 9397 DEPARTMENT OF DEFENSE Service notices for systems of records (SSN), as amended.’’ subject to the Privacy Act of 1974 (5 * * * * * Office of the Secretary U.S.C. 552a), as amended, have been [Docket ID DoD–2013–OS–0034] published in the Federal Register and STORAGE: FOR are available from the address in Delete entry and replace with Privacy Act of 1974; System of FURTHER INFORMATION CONTACT. The ‘‘Electronic storage media.’’ Records proposed system report, as required by * * * * * 5 U.S.C. 552a(r) of the Privacy Act of AGENCY: Defense Contract Audit 1974, as amended, was submitted on SYSTEM MANAGER(S) AND ADDRESSES: Agency, DoD. February 26, 2013, to the House Delete entry and replace with ACTION: Notice to alter a System of Committee on Oversight and ‘‘Director, Military Pay Operations, Records. Government Reform, the Senate Military and Civilian Pay Services, Committee on Governmental Affairs, Defense Finance and Accounting SUMMARY: The Defense Contract Audit and the Office of Management and Service, Indianapolis, 8899 East 56th Agency proposes to alter a system of Budget (OMB) pursuant to paragraph 4c Street, Indianapolis, IN 46249–0150.’’ records in its inventory of record of Appendix I to OMB Circular No. A– systems subject to the Privacy Act of 130, ‘‘Federal Agency Responsibilities NOTIFICATION PROCEDURE: 1974 (5 U.S.C. 552a), as amended. for Maintaining Records About Delete entry and replace with DATES: This proposed action will be Individuals,’’ dated February 8, 1996 ‘‘Individuals seeking to determine effective on April 5, 2013 unless (February 20, 1996, 61 FR 6427). whether information about themselves comments are received which result in

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14285

a contrary determination. Comments SYSTEM LOCATION: Branch, Defense Contract Audit Agency, will be accepted on or before April 4, Delete entry and replace with First Floor, Building 750, 5557 Oriskany 2013. ‘‘Defense Contract Audit Agency, Street, Naval Support Activity Mid- Information Technology First Floor, South, Millington, TN 38054. ADDRESSES: You may submit comments, Building 750, 5557 Oriskany Street, Individuals must furnish name, SSN, identified by docket number and title, Naval Support Activity Mid-South, approximate date of record, and by any of the following methods: Millington, TN 38054.’’ geographic area in which consideration * Federal Rulemaking Portal: http:// * * * * * was requested for record to be located www.regulations.gov. Follow the and identified. instructions for submitting comments. CATEGORIES OF RECORDS IN THE SYSTEM: Official mailing addresses are * Mail: Federal Docket Management Delete entry and replace with published as an appendix to the DCAA’s System Office, 4800 Mark Center Drive, ‘‘Records relating to audit work compilation of systems notices.’’ East Tower, 2nd Floor, Suite 02G09, performed in terms of hours expended RECORD ACCESS PROCEDURES: Alexandria, VA 22350–3100. by individual employees, dollar Delete entry and replace with amounts audited, exceptions reported, Instructions: All submissions received ‘‘Individuals seeking access to audit activity codes, and net savings to must include the agency name and information about themselves contained the government as a result of those docket number for this Federal Register in this system should address written exceptions; records containing document. The general policy for inquiries to the Chief, Information employee data; name, Social Security comments and other submissions from Technology Division, System Design Number (SSN), time and attendance, members of the public is to make these and Development Branch, Defense and work schedule; and records submissions available for public Contract Audit Agency, First Floor, containing office information, e.g., duty viewing on the Internet at http:// Building 750, 5557 Oriskany Street, station address, office symbol and www.regulations.gov as they are Naval Support Activity Mid-South, telephone number.’’ received without change, including any Millington, TN 38054. personal identifiers or contact AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals must furnish name, SSN, information. Delete entry and replace with ‘‘5 approximate date of record, and FOR FURTHER INFORMATION CONTACT: Mr. U.S.C. 301, Departmental Regulations; geographic area in which consideration Keith Mastromichalis, DCAA FOIA/ DoDD 5105.36, Defense Contract Audit was requested for record to be located Privacy Act Management Analyst, 8725 Agency and E.O. 9397 (SSN), as and identified.’’ John J. Kingman Road, Suite 2135, Fort amended.’’ * * * * * [FR Doc. 2013–05045 Filed 3–4–13; 8:45 am] Belvoir, VA 22060–6219, telephone * * * * * (703) 767–1022. BILLING CODE 5001–06–P SAFEGUARDS: SUPPLEMENTARY INFORMATION: The Delete entry and replace with Defense Contract Audit Agency notices DEPARTMENT OF DEFENSE for systems of records subject to the ‘‘Electronic records are maintained in Privacy Act of 1974 (5 U.S.C. 552a), as password-protected network and Office of the Secretary amended, have been published in the accessible only to DCAA personnel, Federal Register and are available from management, and administrative [Docket ID DoD–2013–OS–0038] the address in FOR FURTHER INFORMATION support personnel on a need-to-know basis to perform their duties. Access to Privacy Act of 1974; System of CONTACT. The proposed system report, Records as required by 5 U.S.C. 552a(r) of the the network where records are Privacy Act of 1974, as amended, was maintained requires a valid Common AGENCY: Office of the Secretary of submitted on February 14, 2013, to the Access Card (CAC).’’ Defense, DoD. House Committee on Oversight and RETENTION AND DISPOSAL: ACTION: Notice to alter a System of Government Reform, the Senate Delete entry and replace with Records. Committee on Governmental Affairs, ‘‘Disposition pending (until the National and the Office of Management and SUMMARY: The Defense Finance and Archives and Records Administration Budget (OMB) pursuant to paragraph 4c Accounting Service proposes to alter a approves the retention and disposition of Appendix I to OMB Circular No. A– system of records in its inventory of of these records, treat as permanent.’’ 130, ‘‘Federal Agency Responsibilities record systems subject to the Privacy for Maintaining Records About SYSTEM MANAGER(S) AND ADDRESS: Act of 1974 (5 U.S.C. 552a), as amended. DATES: Individuals,’’ dated February 8, 1996 Delete entry and replace with ‘‘Chief, This proposed action will be (February 20, 1996, 61 FR 6427). Information Technology Division, effective on April 5, 2013 unless Dated: February 28, 2013. System Design and Development comments are received which result in a contrary determination. Comments Aaron Siegel, Branch, Defense Contract Audit Agency, First Floor, Building 750, 5557 Oriskany will be accepted on or before April 4, Alternate OSD Federal Register Liaison 2013. Officer, Department of Defense. Street, Naval Support Activity Mid- South, Millington, TN 38054.’’ ADDRESSES: You may submit comments, RDCAA 590.8 identified by docket number and title, NOTIFICATION PROCEDURE: by any of the following methods: SYSTEM NAME: Delete entry and replace with • Federal Rulemaking Portal: http:// DCAA Management Information ‘‘Individuals seeking to determine www.regulations.gov. Follow the System (DMIS) (November 9, 2005, 70 whether information about themselves instructions for submitting comments. FR 67995). is contained in this system should • Mail: Federal Docket Management address written inquiries to the Chief, System Office, 4800 Mark Center Drive, CHANGES: Information Technology Division, East Tower, 2nd Floor, Suite 02G09, * * * * * System Design and Development Alexandria, VA 22350–3100.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14286 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Instructions: All submissions received CATEGORIES OF INDIVIDUALS COVERED BY THE in this record system should address must include the agency name and SYSTEM: written inquiries to Defense Finance docket number for this Federal Register Delete entry and replace with and Accounting Service, Freedom of document. The general policy for ‘‘Department of Defense and Department Information/Privacy Act Program comments and other submissions from of Energy civilian employees.’’ Manager, Corporate Communications, members of the public is to make these * * * * * DFAS–ZCF/IN, 8899 E. 56th Street, submissions available for public Indianapolis, IN 46249–0150. PURPOSE: viewing on the Internet at http:// Request should contain individual’s www.regulations.gov as they are Delete entry and replace with ‘‘To full name, SSN for verification, current received without change, including any provide civilian time and attendance address, and telephone number.’’ services for the Department of Defense personal identifiers or contact (DoD) components and the Department CONTESTING RECORD PROCEDURES: information. of Energy located worldwide. This Delete entry and replace with ‘‘The FOR FURTHER INFORMATION CONTACT: Mr. system will capture time and Defense Finance and Accounting Gregory L. Outlaw, Defense Finance and attendance, labor and production data Service (DFAS) rules for accessing Accounting Service, Freedom of for input to payroll and accounting records, for contesting contents and appealing initial agency determinations Information/Privacy Act Program systems. It will also provide the user a are published in Defense Finance and Manager, Corporate Communications, single, consolidated input method for Accounting Service Regulation 5400.11– DFAS–HKC/IN, 8899 E. 56th Street, reporting both time and attendance and labor information.’’ R, 32 CFR 324; or may be obtained from Indianapolis, IN 46249–0150 or at (317) * * * * * the Defense Finance and Accounting 212–4591. Service, Freedom of Information/ SUPPLEMENTARY INFORMATION: The RETRIEVABILITY: Privacy Act Program Manager, Defense Finance and Accounting Delete entry and replace with ‘‘Name Corporate Communications, DFAS– Service notices for systems of records and SSN.’’ ZCF/IN, 8899 E. 56th Street, Indianapolis, IN 46249–0150.’’ subject to the Privacy Act of 1974 (5 SAFEGUARDS: U.S.C. 552a), as amended, have been Delete entry and replace with ‘‘Access RECORD SOURCE CATEGORIES: published in the Federal Register and to records is limited to individuals who Delete entry and replace with ‘‘From are available from the address in FOR are properly screened and cleared on a the individual concerned, and DOD FURTHER INFORMATION CONTACT. need-to-know basis in the performance Components.’’ The proposed system report, as of their duties. Passwords and user * * * * * required by 5 U.S.C. 552a(r) of the identifications are used to control access [FR Doc. 2013–05052 Filed 3–4–13; 8:45 am] Privacy Act of 1974, as amended, was to the system data, and procedures are BILLING CODE 5001–06–P submitted on February 25, 2013, to the in place to deter browsing and House Committee on Oversight and unauthorized access. Physical and Government Reform, the Senate electronic access are limited to persons DEPARTMENT OF DEFENSE Committee on Governmental Affairs, responsible for servicing and authorized Office of the Secretary and the Office of Management and to use the system.’’ Budget (OMB) pursuant to paragraph 4c * * * * * [Docket ID DoD–2013–OS–0020] of Appendix I to OMB Circular No. A– SYSTEM MANAGER AND ADDRESS: 130, ‘‘Federal Agency Responsibilities Privacy Act of 1974; System of for Maintaining Records About Delete entry and replace with Records Individuals,’’ dated February 8, 1996 ‘‘Defense Finance and Accounting AGENCY: (February 20, 1996, 61 FR 6427). Service—Indianapolis, ATAAPS System Office of the Secretary of Manager, 8899 East 56th Street, Defense, DoD. Dated: February 28, 2013. Indianapolis, IN 46249–0150.’’ ACTION: Notice to amend a System of Aaron Siegel, NOTIFICATION PROCEDURE: Records. Alternate OSD Federal Register Liaison Officer, Department of Defense. Delete entry and replace with SUMMARY: The Defense Finance and ‘‘Individuals seeking to determine Accounting Service proposes to amend T7335a whether information about themselves a system of records in its inventory of is contained in this record system record systems subject to the Privacy SYSTEM NAME: should address written inquiries to the Act of 1974 (5 U.S.C. 552a), as amended. Defense Finance and Accounting Automated Time Attendance and DATES: This proposed action will be Service, Freedom of Information/ Production System (ATAAPS) (February effective on April 5, 2013 unless Privacy Act Program Manager, 27, 2007, 72 FR 8698). comments are received which result in Corporate Communications, DFAS– a contrary determination. Comments ZCF/IN, 8899 E. 56th Street, CHANGES: will be accepted on or before April 4, Indianapolis, IN 46249–0150. 2013. * * * * * Requests should contain individual’s full name, SSN for verification, current ADDRESSES: You may submit comments, SYSTEM LOCATION: address, and provide a reasonable identified by docket number and title, Delete entry and replace with description of what they are seeking.’’ by any of the following methods: ‘‘Defense Finance & Accounting Service- * Federal Rulemaking Portal: http:// RECORD ACCESS PROCEDURES: www.regulations.gov. Follow the Indianapolis, ATAAPS System Manager, Delete entry and replace with instructions for submitting comments. 8899 East 56th Street, Indianapolis, IN ‘‘Individuals seeking access to * Mail: Federal Docket Management 46249–0150.’’ information about themselves contained System Office, 4800 Mark Center Drive,

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14287

East Tower, 2nd Floor, Suite 02G09, Privacy Act Program Manager, ADDRESSES: You may submit comments, Alexandria, VA 22350–3100. Corporate Communications, DFAS– identified by docket number and title, Instructions: All submissions received ZCF/IN, 8899 E. 56th Street, by any of the following methods: must include the agency name and Indianapolis, IN 46249–0150. * Federal Rulemaking Portal: http:// docket number for this Federal Register Requests should contain individual’s www.regulations.gov. document. The general policy for full name, SSN for verification, current Follow the instructions for submitting comments and other submissions from address, and provide a reasonable comments. members of the public is to make these description of what they are seeking.’’ * Mail: Federal Docket Management submissions available for public System Office, 4800 Mark Center Drive, viewing on the Internet at http:// RECORD ACCESS PROCEDURES: East Tower, 2nd Floor, Suite 02G09, www.regulations.gov as they are Delete entry and replace with Alexandria, VA 22350–3100. received without change, including any ‘‘Individuals seeking access to Instructions: All submissions received personal identifiers or contact information about themselves contained must include the agency name and information. in this record system should address docket number for this Federal Register written inquiries to Defense Finance document. The general policy for FOR FURTHER INFORMATION CONTACT: Mr. and Accounting Service, Freedom of comments and other submissions from Gregory L. Outlaw, Defense Finance and Information/Privacy Act Program members of the public is to make these Accounting Service, Freedom of Manager, Corporate Communications, submissions available for public Information/Privacy Act Program DFAS–ZCF/IN, 8899 E. 56th Street, viewing on the Internet at http:// Manager, Corporate Communications, Indianapolis, IN 46249–0150. www.regulations.gov as they are DFAS–HKC/IN, 8899 E. 56th Street, Request should contain individual’s received without change, including any Indianapolis, IN 46249–0150 or at (317) full name, SSN for verification, current personal identifiers or contact 212–4591. address, and telephone number.’’ information. SUPPLEMENTARY INFORMATION: The Defense Finance and Accounting CONTESTING RECORD PROCEDURES: FOR FURTHER INFORMATION CONTACT: Mr. Service notices for systems of records Delete entry and replace with ‘‘The Charles J. Shedrick, Department of the subject to the Privacy Act of 1974 (5 Defense Finance and Accounting Air Force Privacy Office, Air Force U.S.C. 552a), as amended, have been Service (DFAS) rules for accessing Privacy Act Office, Office of Warfighting published in the Federal Register and records, for contesting contents and Integration and Chief Information are available from the address in FOR appealing initial agency determinations officer, ATTN: SAF/XCPPI, 1800 Air FURTHER INFORMATION CONTACT. are published in Defense Finance and Force Pentagon, Washington DC 20330– The proposed system report, as Accounting Service Regulation 5400.11– 1800 or at 202–404–6575. required by 5 U.S.C. 552a(r) of the R, 32 CFR 324; or may be obtained from SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended, was the Defense Finance and Accounting Department of the Air Force systems of submitted on January 30, 2013, to the Service, Freedom of Information/ records notices subject to the Privacy House Committee on Oversight and Privacy Act Program Manager, Act of 1974 (5 U.S.C. 552a), as amended, Government Reform, the Senate Corporate Communications, DFAS– have been published in the Federal Committee on Governmental Affairs, ZCF/IN, 8899 E. 56th Street, Register and are available from the and the Office of Management and Indianapolis, IN 46249–0150.’’ address in FOR FURTHER INFORMATION Budget (OMB) pursuant to paragraph 4c * * * * * CONTACT. of Appendix I to OMB Circular No. A– The Department of the Air Force [FR Doc. 2013–05028 Filed 3–4–13; 8:45 am] 130, ‘‘Federal Agency Responsibilities proposes to delete one system of records for Maintaining Records About BILLING CODE 5001–06–P notice from its inventory of record Individuals,’’ dated February 8, 1996 systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The (February 20, 1996, 61 FR 6427). DEPARTMENT OF DEFENSE proposed deletion is not within the Dated: February 28, 2013. Department of the Air Force purview of subsection (r) of the Privacy Aaron Siegel, Act of 1974 (5 U.S.C. 552a), as amended, Alternate OSD Federal Register Liaison [Docket ID USAF–2013–0012] which requires the submission of a new Officer, Department of Defense. or altered system report. T7220 Privacy Act of 1974; System of Dated: February 28, 2013. Records SYSTEM NAME: Aaron Siegel, Deployable Disbursing System (DDS) AGENCY: Department of the Air Force, Alternate OSD Federal Register Liaison Officer, Department of Defense. (June 4, 2007, 72 FR 30785). DoD. * * * * * ACTION: Notice to delete a System of Deletion: Records. CHANGES: F036 AFPC C Change System ID to read ‘‘T7320a.’’ SUMMARY: The Department of the Air SYSTEM NAME: Force is deleting a system of records * * * * * Indebtedness, Nonsupport Paternity notice in its existing inventory of record (June 11, 1997, 62 FR 31793). NOTIFICATION PROCEDURE: systems subject to the Privacy Act of Delete entry and replace with 1974 (5 U.S.C. 552a), as amended. REASON: ‘‘Individuals seeking to determine DATES: This proposed action will be Records of this type are no longer whether information about themselves effective on April 5, 2013 unless maintained by any office within the Air is contained in this record system comments are received which result in Force Personnel Center (AFPC). should address written inquiries to the a contrary determination. Comments Correspondence related to indebtedness, Defense Finance and Accounting will be accepted on or before April 4, nonsupport of dependents, and Service, Freedom of Information/ 2013. paternity is managed by the Unit

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14288 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Commander. Records that document submissions available for public DEPARTMENT OF DEFENSE these actions are filed in the Personnel viewing on the Internet at http:// Information File which is covered by www.regulations.gov as they are Department of the Air Force Air Force Systems of Records Notice received without change, including any [Docket ID USAF–2013–0016] F036 AF PC C, Military Personnel personal identifiers or contact Records System (October 13, 2000, 65 information. Privacy Act of 1974; System of FR 60916). Correspondence regarding Records garnishment of wages is managed by FOR FURTHER INFORMATION CONTACT: Mr. Defense Finance and Accounting Charles J. Shedrick, Department of the AGENCY: Department of the Air Force, Service (DFAS) and is covered by DFAS Air Force Privacy Office, Air Force DoD. Systems of Records Notice T5500b, Privacy Act Office, Office of Warfighting ACTION: Notice to alter a System of Integrated Garnishment System (IGS) Integration and Chief Information Records. (September 19, 2012, 77 FR 58106). officer, ATTN: SAF/CIO A6, 1800 Air SUMMARY: The Department of the Air Paper records previously maintained by Force Pentagon, Washington, DC 20330– Force proposes to alter a system of AFPC were destroyed by tearing into 1800, or by phone at (571) 256–2515. records notice in its existing inventory pieces, shredding, pulping, macerating of records systems subject to the Privacy or burning and electronic records were SUPPLEMENTARY INFORMATION: The Act of 1974 (5 U.S.C. 552a), as amended. destroyed by erasing, deleting, or Department of the Air Force systems of overwriting, in accordance with the records notices subject to the Privacy DATES: This proposed action will be National Archives and Records Act of 1974 (5 U.S.C. 552a), as amended, effective on April 5, 2013 unless Administration records disposition. have been published in the Federal comments are received which result in Therefore F036 AFPC C, Indebtedness, Register and are available from the a contrary determination. Comments Nonsupport Paternity (June 11, 1997, 62 address in FOR FURTHER INFORMATION will be accepted on or before April 4, FR 31793) can be deleted. CONTACT. 2013. [FR Doc. 2013–05035 Filed 3–4–13; 8:45 am] The Department of the Air Force ADDRESSES: You may submit comments, identified by docket number and title, BILLING CODE 5001–05–P proposes to delete one system of records notice from its inventory of record by any of the following methods: * Federal Rulemaking Portal: http:// systems subject to the Privacy Act of DEPARTMENT OF DEFENSE www.regulations.gov. Follow the 1974 (5 U.S.C. 552a), as amended. The instructions for submitting comments. Department of the Air Force proposed deletion is not within the * Mail: Federal Docket Management purview of subsection (r) of the Privacy System Office, 4800 Mark Center Drive [Docket ID USAF–2013–0013] Act of 1974 (5 U.S.C. 552a), as amended, East Tower, 2nd Floor, Suite 02G09, which requires the submission of a new Privacy Act of 1974; System of Alexandria, VA 22350–3100. Records or altered system report. Instructions: All submissions received Dated: February 28, 2013. must include the agency name and AGENCY: Department of the Air Force, docket number for this Federal Register Aaron Siegel, DoD. document. The general policy for Alternate OSD Federal Register Liaison ACTION: Notice to delete a System of comments and other submissions from Officer, Department of Defense. Records. members of the public is to make these Deletion: submissions available for public SUMMARY: The Department of the Air viewing on the Internet at http:// Force is deleting a system of records F036 AF PC R www.regulations.gov as they are notice in its existing inventory of record received without change, including any systems subject to the Privacy Act of SYSTEM NAME: personal identifiers or contact 1974 (5 U.S.C. 552a), as amended. Casualty Files (June 11, 1997, 62 FR information. DATES: This proposed action will be 31793). FOR FURTHER INFORMATION CONTACT: Mr. effective on April 5, 2013 unless Charles J. Shedrick, Department of the comments are received which result in REASON: Air Force Privacy Office, Air Force a contrary determination. Comments Privacy Act Office, Office of Warfighting will be accepted on or before April 4, Records are covered by DoD System of Integration and Chief Information 2013. Records Notice A0600–8–1C AHRC Officer, ATTN: SAF/CIO A6, 1800 Air DoD, Defense Casualty Information ADDRESSES: You may submit comments, Force Pentagon, Washington, DC 20330– identified by docket number and title, Processing System (DCIPS) (May 3, 1800, or by phone at (571) 256–2515. 2011, 76 FR 24865). Additional records by any of the following methods: SUPPLEMENTARY INFORMATION: The * Federal Rulemaking Portal: http:// related to this subject may be filed in Department of the Air Force’s notices www.regulations.gov. Follow the the official military records which is for systems of records subject to the instructions for submitting comments. covered by Air Force System of Records Privacy Act of 1974 (5 U.S.C. 552a), as * Mail: Federal Docket Management Notice F036 AF PC C, Military amended, have been published in the System Office, 4800 Mark Center Drive, Personnel Records System (October 13, Federal Register and are available from East Tower, 2nd Floor, Suite 02G09, 2000, 65 FR 60916). Therefore F036 AF the address in FOR FURTHER INFORMATION Alexandria, VA 22350–3100. PC R, Casualty Files (June 11, 1997, 62 CONTACT. Instructions: All submissions received FR 31793) can be deleted. The proposed systems reports, as must include the agency name and [FR Doc. 2013–05036 Filed 3–4–13; 8:45 am] required by 5 U.S.C. 552a(r) of the docket number for this Federal Register BILLING CODE 5001–06–P Privacy Act, as amended were document. The general policy for submitted on February 25, 2013, to the comments and other submissions from House Committee on Oversight and members of the public is to make these Government Reform, the Senate

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14289

Committee on Homeland Security and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: Governmental Affairs, and the Office of Delete entry and replace with ‘‘10 Delete entry and replace with ‘‘Paper Management and Budget (OMB) U.S.C. 8013, Secretary of the Air Force; records and/or electronic storage pursuant to paragraph 4c of Appendix I 10 U.S.C. Chapter 61, Retirement or media.’’ to OMB Circular No. A–130, ‘‘Federal Separation for Physical Disability; RETRIEVABILITY: Agency Responsibilities for Maintaining Department of Defense Directive (DoDD) Records About Individuals,’’ dated 1332.18, Separation or Retirement for Delete entry and replace with ‘‘Name, February 8, 1996, (February 20, 1996, 61 Physical Disability; DoD Instruction SSN and/or DoD ID number.’’ FR 6427). (DoDI) 1332.38, Physical Disability SAFEGUARDS: Dated: February 28, 2013. Evaluation; Air Force Policy Directive Delete entry and replace with (AFPD) 36–32, Military Retirements and Aaron Siegel, ‘‘Records are accessed by the program Separations; and Air Force Instruction manager or by person(s) responsible for Alternate OSD Federal Register Liaison (AFI) 36–3212, Physical Evaluation for Officer, Department of Defense. servicing the record system in Retention, Retirement and Separation; performance of their official duties that and E.O. 9397 (SSN), as amended.’’ F036 AFPC E are properly screened and cleared for SYSTEM NAME: PURPOSE(S): need-to-know. Paper records are stored Disability Retirement Records (June Delete entry and replace with ‘‘To in secured file cabinets in a locked 11, 1997, 62 FR 31793). maintain oversight of Air Force building with controlled access entry requirements. System software uses * * * * * personnel placed on the Temporary Disability Retirement List (TDRL). Primary Key Infrastructure (PKI)/ CHANGES: Individuals remain on the TDRL until Common Access Card (CAC) * * * * * reevaluation and removal (discharged, authentication to lock out unauthorized permanently retired, or found fit for access. Access to the building is SYSTEM NAME: duty) or for five years, whichever comes controlled by Security Access Card.’’ Delete entry and replace with first. The TDRL serves as a safeguard for RETENTION AND DISPOSAL: ‘‘Temporary Disability Retirement List both the member and the Air Force by (TDRL) Case Files.’’ delaying permanent disposition for Delete entry and replace with ‘‘Temporary paper and electronic SYSTEM LOCATION: those members whose conditions could improve or get worse, or where the records are retained for 30 days after Delete entry and replace with ultimate disposition could change individual is removed from the ‘‘Headquarters Air Force Personnel within a reasonable period of time. Temporary Disability Retirement List. Center (HQ AFPC), 550 C Street W, Records may also be used to respond to Documents designated as permanent Suite 6, Randolph Air Force Base, TX official inquiries concerning the remain in the military personnel records 78150–4708.’’ disability evaluation proceedings of system permanently and are retired with the master personnel record group. CATEGORIES OF INDIVIDUALS COVERED BY THE individuals.’’ SYSTEM: Paper records are destroyed by tearing ROUTINE USES OF RECORDS MAINTAINED IN THE into pieces, shredding, pulping, Delete entry and replace with ‘‘Air SYSTEM, INCLUDING CATEGORIES OF USERS AND macerating or burning. Electronic Force Active Duty, Reserve, and Air THE PURPOSE OF SUCH USES: records are destroyed by erasing, National Guard personnel who are Delete entry and replace with ‘‘In deleting, or overwriting.’’ placed on the Temporary Disability addition to those disclosures generally Retirement List.’’ permitted under 5 U.S.C. 552a(b) of the SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: Privacy Act of 1974, as amended, Delete entry and replace with ‘‘Assistant Deputy Chief of Staff for Delete entry and replace with ‘‘Name; records contained therein may Personnel, Headquarters Air Force Social Security Number (SSN); specifically be disclosed outside the Personnel Center, Air Force Disability Department of Defense Identification DoD as a routine use pursuant to 5 Division (HQ AFPC/DPFD), 550 C Street number (DoD ID); date of separation; U.S.C. 552a(b)(3) as follows: To the Department of Veterans Affairs W, Suite 6, Randolph AFB TX 78150– percentage of disability; Department of in the performance of their duties 4708.’’ Veterans Affairs Condition Codes; relating to processing and adjudicating disposition of the Physical Examination NOTIFICATION PROCEDURE: claims, benefits, and medical care. Board (PEB) (i.e., return to duty, The DoD Blanket Routine Uses Delete entry and replace with permanent retirement, temporary published at the beginning of the Air ‘‘Individuals seeking to determine retirement discharge with benefits, Force’s compilation of systems of whether this system of records contains discharge without benefits, unfitting records notices may apply to this information on themselves should condition); combat relation of condition; system. address written inquiries to the date of birth; retirement processing Assistant Deputy Chief of Staff for records; separation processing records; Note: This system of records contains Personnel, Headquarters Air Force medical evaluation board reports; individually identifiable health information. The DoD Health Information Privacy Personnel Center, Air Force Disability physical evaluation board findings; Regulation (DoD 6025.18–R) issued pursuant Division (HQ AFPC/DPFD), 550 C Street medical reports from Department of to the Health Insurance Portability and W, Suite 6, Randolph AFB TX 78150– Veterans Affairs and civilian medical Accountability Act of 1996, applies to most 4708. facilities; appellate actions and reviews such health information. DoD 6025.18–R may For verification purposes, individual taken in the case; correspondence from place additional procedural requirements on should provide their full name, SSN and to the member; members of the uses and disclosures of such information and/or DoD ID Number, any details Congress; attorneys and other interested beyond those found in the Privacy Act of which may assist in locating records, 1974, as amended, or mentioned in this parties; and documents concerning the system of records notice. and their signature. appointment of trustees for mentally In addition, the requester must incompetent service members.’’ * * * * * provide a notarized statement or an

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14290 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

unsworn declaration made in Recommended Disposition); medical Privacy Act Office, Office of Warfighting accordance with 28 U.S.C. 1746, in the treatment facilities (military, civilian, Integration and Chief Information following format: and Department of Veteran’s Affairs); Officer, ATTN: SAF/CIO A6, 1800 Air If executed outside the United States: Department of Veterans Affairs Rating Force Pentagon, Washington, DC 20330– ‘I declare (or certify, verify, or state) Boards; Department of Veterans Affairs 1800, or by phone at (202) 404–6575. under penalty of perjury under the laws Compensation and Pension Exams; SUPPLEMENTARY INFORMATION: The of the United State of America that the servicing Military Personnel Section; Department of the Air Force’s notices foregoing is true and correct. Executed Air Force Personnel Center Commander; for systems of records subject to the on (date). (Signature)’. individual whom the record pertains to; Privacy Act of 1974 (5 U.S.C. 552a), as If executed within the United States, individual’s commander; Judge amended, have been published in the its territories, possessions, or Advocate General (JAG) officials; Federal Register and are available from commonwealths: ‘I declare (or certify, Defense Finance and Accounting the address in FOR FURTHER INFORMATION verify, or state) under penalty of perjury Services officials; members of Congress, CONTACT. that the foregoing is true and correct. attorneys; and other interested parties.’’ The proposed systems reports, as Executed on (date). (Signature)’.’’ * * * * * [FR Doc. 2013–05053 Filed 3–4–13; 8:45 am] required by 5 U.S.C. 552a(r) of the RECORD ACCESS PROCEDURES: Privacy Act of 1974, as amended, were BILLING CODE 5001–06–P Delete entry and replace with submitted on January 30, 2013 to the ‘‘Individuals seeking to access records House Committee on Oversight and about themselves contained in this DEPARTMENT OF DEFENSE Government Reform, the Senate system should address written requests Committee on Homeland Security and to the Assistant Deputy Chief of Staff for Department of the Air Force Governmental Affairs, and the Office of Personnel, Headquarters Air Force Management and Budget (OMB) [Docket ID: USAF–2013–0011] Personnel Center, Air Force Disability pursuant to paragraph 4c of Appendix I Division (HQ AFPC/DPFD), 550 C Street Privacy Act of 1974; System of to OMB Circular No. A–130, ‘‘Federal W, Suite 6, Randolph AFB TX 78150– Records Agency Responsibilities for Maintaining 4708. Records About Individuals,’’ dated For verification purposes, individuals AGENCY: Department of the Air Force, February 8, 1996, (February 20, 1996, 61 should provide their full name, SSN DoD. FR 6427). and/or DoD ID Number, any details ACTION: Notice to alter a System of Dated: February 28, 2013. which may assist in locating records, Records. Aaron Siegel, and their signature. In addition, the requester must SUMMARY: The Department of the Air Alternate OSD Federal Register Liaison Officer, Department of Defense. provide a notarized statement or an Force proposes to alter a system of unsworn declaration made in records notice in its existing inventory F044 AF SG N accordance with 28 U.S.C. 1746, in the of records systems subject to the Privacy following format: Act of 1974 (5 U.S.C. 552a), as amended. SYSTEM NAME: DATES: This proposed action will be If executed outside the United States: Physical Fitness File (June 11, 1997, effective on April 5, 2013 unless ‘I declare (or certify, verify, or state) 62 FR 31793). under penalty of perjury under the laws comments are received which result in of the United State of America that the a contrary determination. Comments * * * * * foregoing is true and correct. Executed will be accepted on or before April 4, CHANGES: on (date). (Signature)’. 2013. If executed within the United States, ADDRESSES: You may submit comments, SYSTEM ID: its territories, possessions, or identified by docket number and title, commonwealths: ‘I declare (or certify, Delete entry and replace with ‘‘F036 by any of the following methods: AF A1 I.’’ verify, or state) under penalty of perjury * Federal Rulemaking Portal: http:// that the foregoing is true and correct. www.regulations.gov. Follow the SYSTEM NAME: Executed on (date). (Signature)’.’’ instructions for submitting comments. Delete entry and replace with ‘‘Air CONTESTING RECORD PROCEDURES: * Mail: Federal Docket Management System Office, 4800 Mark Center Drive Force Fitness Program.’’ Delete entry and replace with ‘‘The East Tower, 2nd Floor, Suite 02G09, Air Force rules for accessing records, SYSTEM LOCATION: Alexandria, VA 22350–3100. contesting contents, and appealing Instructions: All submissions received Delete entry and replace with ‘‘Air initial agency determinations are must include the agency name and Force Fitness Management System published in Air Force Instruction 33– docket number for this Federal Register (AFFMS) is located at Defense 332, Air Force Privacy Program; 32 CFR document. The general policy for Enterprise Computing Center part 806b; or may be obtained from the comments and other submissions from Montgomery, 401 E. Moore Dr., Maxwell system manager.’’ members of the public is to make these AFB-Gunter Annex, AL 36114–3004. RECORD SOURCE CATEGORIES: submissions available for public Air Force Fitness Management System Delete entry and replace with viewing on the Internet at http:// II (AFFMS II) is located at Air Force ‘‘Military Personnel Data System www.regulations.gov as they are Personnel Center Data Center, 499 C. (MilPDS); correspondence and forms received without change, including any Street West, Randolph AFB, TX 78150– generated in Air Force Disability personal identifiers or contact 4750. Records are also located at Air Division (AF Form 356, Report of information. Force units of assignment. Official Findings of the Physical Evaluation FOR FURTHER INFORMATION CONTACT: Mr. mailing addresses are published as an Board; AF form 1180, Action of Physical Charles J. Shedrick, Department of the appendix to the Air Force’s compilation Evaluation Board Findings and Air Force Privacy Office, Air Force of system notices.’’

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14291

CATEGORIES OF INDIVIDUALS COVERED BY THE assigned user roles to limit access to Commander at the unit of assignment or SYSTEM: appropriate organization level. Paper attachment. Official mailing addresses Delete entry and replace with ‘‘Air records are secured in locked cabinets are published as an appendix to the Air Force Active Duty, Reserve, and Air or drawers when not in use.’’ Force’s compilation of systems of National Guard personnel.’’ records notices. RETENTION AND DISPOSAL: For verification purposes, individual CATEGORIES OF RECORDS IN SYSTEM: Delete entry and replace with ‘‘Fitness should provide their full name, SSN Delete entry and replace with ‘‘Name, program case files (paper records) are and/or DoD ID Number, any details Social Security Number (SSN), maintained until individual has which may assist in locating records, Department of Defense Identification sustained a fitness score greater than or and their signature. Number (DoD ID Number), rank, date of equal to 75 percent for 24 consecutive In addition, the requester must birth, duty phone, height, weight, months or 90 days after member’s provide a notarized statement or an physical fitness test scores, individual separation or retirement, whichever is unsworn declaration made in fitness reports, fitness screening sooner. Electronic records are destroyed accordance with 28 U.S.C. 1746, in the questionnaire, letters documenting entry when the agency determines that the following format: and participation in individual fitness electronic records are superseded, If executed outside the United States: rehabilitation programs, medical profile obsolete, and are no longer needed for ‘I declare (or certify, verify, or state) documents, fitness progress reports, administrative, legal, audit, or other under penalty of perjury under the laws scheduled medical evaluations and operational purposes. Paper records are of the United States of America that the fitness center appointments, counseling destroyed by tearing into pieces, foregoing is true and correct. Executed documentation, and administrative shredding, pulping, macerating or on (date). (Signature)’. actions taken.’’ burning. Electronic records are deleted If executed within the United States, from the system.’’ its territories, possessions, or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: commonwealths: ‘I declare(or certify, Delete entry and replace with ‘‘10 SYSTEM MANAGER(S) AND ADDRESS: verify, or state) under penalty of perjury U.S.C. 8013, Secretary of the Air Force; Delete entry and replace with ‘‘Chief, that the foregoing is true and correct. Air Force Policy Directive 36–29, Military Force Policy Division, 1040 Air Executed on (date). (Signature)’.’’ Military Standards; Air Force Force Pentagon, Room 4D950, CONTESTING RECORD PROCEDURES: Instruction 36–2905, Fitness Program; Washington, DC 20330–1040.’’ Department of Defense Directive 1308.1, Delete entry and replace with ‘‘The Department of Defense Physical Fitness NOTIFICATION PROCEDURES: Air Force rules for accessing records and Body Fat Program; Department of Delete entry and replace with and for contesting contents and Defense Instruction 1308.3, Department ‘‘Individuals seeking to determine appealing initial agency determinations of Defense Physical Fitness and Body whether this system of records contains are published in 32 CFR part 806b, Air Fat Programs Procedures; and E.O. 9397 information on themselves should Force Instruction 33–332, Air Force (SSN), as amended.’’ address inquiries to Commander at the Privacy Program and may be obtained unit of assignment or attachment. from the system manager.’’ PURPOSE: Official mailing addresses are published RECORD SOURCE CATEGORIES: Delete entry and replace with ‘‘To as an appendix to the Air Force’s Delete entry and replace with ‘‘From document individuals’ progress in the compilation of systems of records Air Force Fitness Program. The file healthcare providers; individuals who notices. conduct fitness assessments and oversee keeps individuals and their leadership For verification purposes, individual informed of fitness levels and progress the unit fitness program; and the should provide their full name, SSN individual to whom the record in improving fitness levels towards and/or DoD ID Number, any details achieving minimum Air Force fitness pertains.’’ which may assist in locating records, * * * * * standards.’’ and their signature. * * * * * In addition, the requester must [FR Doc. 2013–05029 Filed 3–4–13; 8:45 am] BILLING CODE 5001–06–P STORAGE: provide a notarized statement or an Delete entry and replace with ‘‘Paper unsworn declaration made in records and electronic storage media.’’ accordance with 28 U.S.C. 1746, in the DEPARTMENT OF DEFENSE following format: RETRIEVABILITY: If executed outside the United States: Department of the Air Force Delete entry and replace with ‘I declare (or certify, verify, or state) [Docket ID USAF–2013–0015] ‘‘Retrieved by name, SSN and/or DoD ID under penalty of perjury under the laws number.’’ of the United States of America that the Privacy Act of 1974; System of foregoing is true and correct. Executed Records SAFEGUARDS: on (date). (Signature)’. Delete entry and replace with ‘‘Access If executed within the United States, AGENCY: Department of the Air Force, to records is limited to person(s) its territories, possessions, or DoD. responsible for servicing the record in commonwealths: ‘I declare(or certify, ACTION: Notice to delete a System of the performance of their official duties verify, or state) under penalty of perjury Records. and who are properly screened and that the foregoing is true and correct. cleared for need-to-know. System Executed on (date). (Signature)’.’’ SUMMARY: The Department of the Air software uses Primary Key Force is deleting a system of records Infrastructure (PKI)/Common Access RECORD ACCESS PROCEDURES: notice in its existing inventory of record Card (CAC) authentication to lock out Delete entry and replace with systems subject to the Privacy Act of unauthorized access. System software ‘‘Individuals seeking access to records 1974 (5 U.S.C. 552a), as amended. contains authorization/permission about themselves contained in this DATES: This proposed action will be partitioning in the form of by-name system should address requests to the effective on April 5, 2013 unless

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14292 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

comments are received which result in Personnel Data System (PDS) (June 11, Privacy Act of 1974 (5 U.S.C. 552a), as a contrary determination. Comments 1997, 62 FR 31793) and F036 AF PC C, amended, have been published in the will be accepted on or before April 4, Military Personnel Records System Federal Register and are available from 2013. (October 13, 2000, 65 FR 60916). the address in FOR FURTHER INFORMATION ADDRESSES: You may submit comments, Therefore F036 AFPC Q, Educational CONTACT. identified by docket number and title, Delay Action Notification (January 12, The proposed systems reports, as by any of the following methods: 2009, 74 FR 1183) can be deleted. required by 5 U.S.C. 552a(r) of the * Federal Rulemaking Portal: http:// [FR Doc. 2013–05049 Filed 3–4–13; 8:45 am] Privacy Act of 1974, as amended, were www.regulations.gov. Follow the BILLING CODE 5001–06–P submitted on January 30, 2013 to the instructions for submitting comments. House Committee on Oversight and * Mail: Federal Docket Management Government Reform, the Senate System Office, 4800 Mark Center Drive, DEPARTMENT OF DEFENSE Committee on Homeland Security and East Tower, 2nd Floor, Suite 02G09, Governmental Affairs, and the Office of Alexandria, VA 22350–3100. Department of the Air Force Management and Budget (OMB) Instructions: All submissions received [Docket ID USAF–2013–0008] pursuant to paragraph 4c of Appendix I must include the agency name and to OMB Circular No. A–130, ‘‘Federal docket number for this Federal Register Privacy Act of 1974; System of Agency Responsibilities for Maintaining document. The general policy for Records Records About Individuals,’’ dated comments and other submissions from February 8, 1996, (February 20, 1996, 61 AGENCY: Department of the Air Force, members of the public is to make these FR 6427). DoD. submissions available for public Dated: February 28, 2013. ACTION: Notice to alter a System of viewing on the Internet at http:// Aaron Siegel, Records. www.regulations.gov as they are Alternate OSD Federal Register Liaison received without change, including any SUMMARY: The Department of the Air Officer, Department of Defense. personal identifiers or contact Force proposes to alter a system of F036 AFPC F information. records notice in its existing inventory FOR FURTHER INFORMATION CONTACT: Mr. of records systems subject to the Privacy SYSTEM NAME: Charles J. Shedrick, Department of the Act of 1974 (5 U.S.C. 552a), as amended. Health Education Records (June 11, Air Force Privacy Office, Air Force DATES: This proposed action will be 1997, 62 FR 31793). Privacy Act Office, Office of Warfighting effective on April 5, 2013 unless CHANGES: Integration and Chief Information comments are received which result in Officer, ATTN: SAF/CIO A6, 1800 Air a contrary determination. Comments * * * * * Force Pentagon, Washington, DC 20330– will be accepted on or before April 4, SYSTEM LOCATION: 1800, or by phone at (571) 256–2515. 2013. Delete entry and replace with SUPPLEMENTARY INFORMATION: The ADDRESSES: You may submit comments, ‘‘Headquarters, Air Force Personnel Department of the Air Force systems of identified by docket number and title, Center (AFPC), Chief, Medical Service records notices subject to the Privacy by any of the following methods: Officer Utilization Division, 550 C Street Act of 1974 (5 U.S.C. 552a), as amended, * Federal Rulemaking Portal: http:// W, Randolph Air Force Base, TX 78150– have been published in the Federal www.regulations.gov. Follow the 4703.’’ Register and are available from the instructions for submitting comments. CATEGORIES OF INDIVIDUALS COVERED BY THE address in FOR FURTHER INFORMATION * Mail: Federal Docket Management SYSTEM: CONTACT. System Office, 4800 Mark Center Drive, The Department of the Air Force East Tower, 2nd Floor, Suite 02G09, Delete entry and replace with ‘‘Air proposes to delete one system of records Alexandria, VA 22350–3100. Force Active Duty, Reserve, and Air notice from its inventory of record Instructions: All submissions received National Guard personnel.’’ systems subject to the Privacy Act of must include the agency name and CATEGORIES OF RECORDS IN THE SYSTEM: 1974 (5 U.S.C. 552a), as amended. The docket number for this Federal Register Add as first paragraph ‘‘Name, Social proposed deletion is not within the document. The general policy for Security Number (SSN), Department of purview of subsection (r) of the Privacy comments and other submissions from Defense Identification Number (DoD ID Act of 1974 (5 U.S.C. 552a), as amended, members of the public is to make these Number) and grade.’’ which requires the submission of a new submissions available for public or altered system report. viewing on the Internet at http:// AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Dated: February 28, 2013. www.regulations.gov as they are Delete entry and replace with ‘‘10 Aaron Siegel, received without change, including any U.S.C. 105, Armed Forces Health Alternate OSD Federal Register Liaison personal identifiers or contact Professionals Financial Assistance Officer, Department of Defense. information. Programs; 10 U.S.C. 9301, Members of Air Force: detail as students, observers, FOR FURTHER INFORMATION CONTACT: Deletion: Mr. Charles J. Shedrick, Department of the and investigators at educational F036 AFPC Q Air Force Privacy Office, Air Force institutions, industrial plants, and hospitals; and E.O. 9397 (SSN), as SYSTEM NAME: Privacy Act Office, Office of Warfighting Integration and Chief Information amended.’’ Educational Delay Action Notification Officer, ATTN: SAF/CIO A6, 1800 Air * * * * * (January 12, 2009, 74 FR 1183) Force Pentagon, Washington, DC 20330– ROUTINE USES OF RECORDS MAINTAINED IN THE REASON: 1800, or by phone at (202) 404–6575. SYSTEM INCLUDING CATEGORIES OF USERS AND Records that document these actions SUPPLEMENTARY INFORMATION: The THE PURPOSES OF SUCH USES: are covered by System of Records Department of the Air Force’s notices Delete entry and replace with ‘‘In Notices (SORNs) F036 AF PC Q, for systems of records subject to the addition to those disclosures generally

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14293

permitted under 5 U.S.C. 552a(b) of the If executed outside the United States: 88, Report of Medical Examination; and Privacy Act of 1974, as amended, these ‘I declare (or certify, verify, or state) SF 93, Report of Medical History.’’ records contained therein may under penalty of perjury under the laws * * * * * specifically be disclosed outside the of the United States of America that the [FR Doc. 2013–05030 Filed 3–4–13; 8:45 am] DoD as a routine use pursuant to 5 foregoing is true and correct. Executed BILLING CODE 5001–06–P U.S.C. 552a(b)(3) as follows: on (date). (Signature)’. The DoD Blanket Routine Uses If executed within the United States, published at the beginning of the Air its territories, possessions, or DEPARTMENT OF DEFENSE Force’s compilation of systems of commonwealths: ‘I declare (or certify, records notices may apply to this verify, or state) under penalty of perjury Department of the Air Force system. that the foregoing is true and correct. [Docket ID USAF–2013–0010] Note: This system of records contains Executed on (date). (Signature)’.’’ individually identifiable health information. Privacy Act of 1974; System of The DoD Health Information Privacy RECORD ACCESS PROCEDURES: Records Regulation (DoD 6025.18–R) issued pursuant to the Health Insurance Portability and Delete entry and replace with AGENCY: Department of the Air Force, Accountability Act of 1996, applies to most ‘‘Individuals seeking to access records DoD. such health information. DoD 6025.18–R may about themselves contained in this ACTION: place additional procedural requirements on system should address written requests Notice to alter a System of the uses and disclosures of such information to the Chief, Medical Service Officer Records. beyond those found in the Privacy Act of Utilization Division, Headquarters, Air 1974, as amended, or mentioned in this SUMMARY: The Department of the Air system of records notice.’’ Force Military Personnel Center, 550 C Force proposes to alter a system of Street W, Randolph Air Force Base, TX records notice in its existing inventory * * * * * 78150–4703. of records systems subject to the Privacy STORAGE: For verification purposes, individuals Act of 1974 (5 U.S.C. 552a), as amended. Delete entry and replace with ‘‘Paper should provide their full name, SSN DATES: This proposed action will be records and electronic storage media.’’ and/or DoD ID Number, any details effective on April 5, 2013 unless which may assist in locating records, comments are received which result in RETRIEVABILITY: and their signature. a contrary determination. Comments Delete entry and replace with In addition, the requester must will be accepted on or before April 4, ‘‘Retrieved by name, SSN and/or DoD ID provide a notarized statement or an 2013. Number.’’ unsworn declaration made in ADDRESSES: You may submit comments, accordance with 28 U.S.C. 1746, in the SAFEGUARDS: identified by docket number and title, following format: Delete entry and replace with by any of the following methods: ‘‘Records are maintained in file cabinets If executed outside the United States: * Federal Rulemaking Portal: http:// in the building that are locked and have ‘I declare (or certify, verify, or state) www.regulations.gov. Follow the controlled access entry requirements. under penalty of perjury under the laws instructions for submitting comments. Electronic files are only accessed by of the United States of America that the * Mail: Federal Docket Management authorized personnel with secure foregoing is true and correct. Executed System Office, 4800 Mark Center Drive Common Access Card (CAC) in on (date). (Signature)’. East Tower, 2nd Floor, Suite 02G09, combination with a Personal If executed within the United States, Alexandria, VA 22350–3100. Identification Number (PIN) and need- its territories, possessions, or Instructions: All submissions received to-know. Environment consists of commonwealths: ‘I declare (or certify, must include the agency name and magnetic keyed cipher locked room verify, or state) under penalty of perjury docket number for this Federal Register within AFPC complex.’’ that the foregoing is true and correct. document. The general policy for * * * * * Executed on (date). (Signature)’.’’ comments and other submissions from members of the public is to make these NOTIFICATION PROCEDURE: CONTESTING RECORD PROCEDURES: submissions available for public Delete entry and replace with viewing on the Internet at http:// ‘‘Individuals seeking to determine Delete entry and replace with ‘‘The Air Force rules for accessing records, www.regulations.gov as they are whether this system of records contains received without change, including any information on themselves should and for contesting contents and appealing initial agency determinations personal identifiers or contact address written inquiries to the Chief, information. Medical Service Officer Utilization are published in Air Force Instruction Division, Headquarters, Air Force 33–332; Air Force Privacy Program; 32 FOR FURTHER INFORMATION CONTACT: Mr. Military Personnel Center, 550 C Street CFR part 806b; or may be obtained from Charles J. Shedrick, Department of the W, Randolph Air Force Base, TX 78150– the system manager.’’ Air Force Privacy Office, Air Force 4703. Privacy Act Office, Office of Warfighting RECORD SOURCE CATEGORIES: For verification purposes, individuals Integration and Chief Information should provide their full name, SSN Delete entry and replace with Officer, ATTN: SAF/CIO A6, 1800 Air and/or DoD ID Number, any details ‘‘Member’s Air Force Form 63, Active Force Pentagon, Washington, DC 20330– which may assist in locating records, Duty Service Commitment (ADSC) 1800, or by phone at (202) 404–6575. and their signature. Acknowledgement Statement; Member’s SUPPLEMENTARY INFORMATION: The In addition, the requester must application; supervisor’s evaluation; Department of the Air Force’s notices provide a notarized statement or an master personnel records (board use for systems of records subject to the unsworn declaration made in only); Career Brief (board use only); Privacy Act of 1974 (5 U.S.C. 552a), as accordance with 28 U.S.C. 1746, in the transcripts; test scores; Deans’ letters of amended, have been published in the following format: recommendation; Standard Form (SF) Federal Register and are available from

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14294 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the address in FOR FURTHER INFORMATION the United States Air Forces system of ‘I declare (or certify, verify, or state) CONTACT. records for managing Operational Plan under penalty of perjury under the laws The proposed systems reports, as requirements. The system integrates of the United States of America that the required by 5 U.S.C. 552a(r) of the automated decision support foregoing is true and correct. Executed Privacy Act of 1974, as amended, were applications and information exchange on (date). (Signature)’. submitted on January 31, 2013 to the capabilities to provide the Air Force the If executed within the United States, House Committee on Oversight and means to plan, present, source, its territories, possessions, or Government Reform, the Senate mobilize, deploy, account for, sustain, Committee on Homeland Security and redeploy, and reconstitute forces. commonwealths: ‘I declare (or certify, Governmental Affairs, and the Office of Records are collected to allow the Air verify, or state) under penalty of perjury Management and Budget (OMB) Force to assign personnel to deployment that the foregoing is true and correct. pursuant to paragraph 4c of Appendix I requirements and create official Executed on (date). (Signature)’.’’ to OMB Circular No. A–130, ‘‘Federal contingency, exercise and deployment Agency Responsibilities for Maintaining (CED) travel orders for Air Force RECORD ACCESS PROCEDURES: Records About Individuals,’’ dated personnel and to respond to authorized Delete entry and replace with February 8, 1996 (February 20, 1996, 61 internal and external requests for data ‘‘Individuals seeking access to FR 6427). relating to Air Force CED travel.’’ information about themselves contained Dated: February 28, 2013. * * * * * in this system should address inquiries Aaron Siegel, to the PM, Business and Enterprise STORAGE: Alternate OSD Federal Register Liaison Systems, 200 East Moore Drive, Officer, Department of Defense. Delete entry and replace with ‘‘Paper Decision Support Branch, Building 856, or electronic storage media.’’ Maxwell AFB, Gunter Annex, F010 AFMC RETRIEVABILITY: Montgomery, AL 36114–3004. SYSTEM NAME: Delete entry and replace with ‘‘By For verification purposes, individual Deliberate and Crisis Action Planning name, SSN and/or DoD ID Number.’’ should provide their full name, SSN and Execution Segment (DCAPES) * * * * * and/or DoD ID Number, current mailing Records (July 2, 2009, 74 FR 31721) address, any details which may assist in RETENTION AND DISPOSAL: CHANGES: locating records, and their signature. Delete entry and replace with * * * * * ‘‘Electronic records are maintained for In addition, the requester must the duration of an operation period then provide a notarized statement or an CATEGORIES OF INDIVIDUALS COVERED BY THE unsworn declaration made in SYSTEM: are automatically moved to inactive files. Inactive files are deleted after 30 accordance with 28 U.S.C. 1746, in the Delete entry and replace with ‘‘Air following format: Force Active Duty, Reserve, Air days by the Air Force Personnel Center, National Guard personnel, and Air and Space Expeditionary Force If executed outside the United States: government civilians. Records are Operations. Paper records are destroyed ‘I declare (or certify, verify, or state) maintained on individuals who are by tearing into pieces, shredding, under penalty of perjury under the laws projected to depart or departed on pulping, macerating or burning.’’ of the United States of America that the Temporary Duty (TDY) in support of SYSTEM MANAGER(S) AND ADDRESS: foregoing is true and correct. Executed contingency, crisis or manning assist Delete entry and replace with on (date). (Signature)’. deployments.’’ ‘‘Program Manager (PM), Business and If executed within the United States, CATEGORIES OF RECORDS IN THE SYSTEM: Enterprise Systems, 200 East Moore its territories, possessions, or Delete entry and replace with ‘‘Name, Drive, Building 856, Maxwell AFB, commonwealths: ‘I declare (or certify, Social Security Number (SSN), Gunter Annex, Montgomery, AL 36114– verify, or state) under penalty of perjury Department of Defense Identification 3004.’’ that the foregoing is true and correct. Number (DoD ID Number), grade, home NOTIFICATION PROCEDURE: Executed on (date). (Signature)’.’’ address, and geographical location.’’ Delete entry and replace with * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ‘‘Individuals seeking to determine RECORD SOURCE CATEGORIES: Delete entry and replace with ‘‘10 whether this system of records contains U.S.C. 8013, Secretary of the Air Force; information on themselves should Delete entry and replace with 10 U.S.C. 8032, The Air Staff, general address inquiries to the PM, Business ‘‘Information obtained from automated duties; Air Force Policy Directive 10–4, and Enterprise Systems, Decision external system interfaces. The Operations Planning Air & Space Support Branch, 200 East Moore Drive, interfaces are the Air Force Logistics Expeditionary Force Presence Policy; Building 856, Maxwell AFB, Gunter Module, Air Force Military Personnel Air Force Instruction 10–401, Air Force Annex, Montgomery, AL 36114–3004. Data System, Air Force Civilian For verification purposes, individual Operations Planning & Execution; Air Personnel Data System, Air Force should provide their full name, SSN Force Instruction 10–403, Deployment Personnel Center/Agile Force and/or DoD ID Number, current mailing Planning & Execution; Air Force Accountability Scanner and the Joint Instruction 36–3802, Personnel address, any details which may assist in locating records, and their signature. Operational Planning and Execution Readiness; and E.O. 9397 (SSN), as System.’’ amended.’’ In addition, the requester must provide a notarized statement or an * * * * * PURPOSE(S): unsworn declaration made in [FR Doc. 2013–05032 Filed 3–4–13; 8:45 am] Delete entry and replace with accordance with 28 U.S.C. 1746, in the BILLING CODE 5001–06–P ‘‘Deliberate and Crisis Action Planning following format: and Execution Segments (DCAPES) is If executed outside the United States:

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14295

DEPARTMENT OF DEFENSE Committee on Homeland Security and 10 U.S.C. Sections 885, Desertion, 886, Governmental Affairs, and the Office of Absence Without Leave, and 887, Department of the Air Force Management and Budget (OMB) Missing Movement (UCMJ Articles 85, [Docket ID USAF–2013–0009] pursuant to paragraph 4c of Appendix I 86, and 87); DoDD 1325.2, Desertion and to OMB Circular No. A–130, ‘‘Federal Unauthorized Absence; Air Force Privacy Act of 1974; System of Agency Responsibilities for Maintaining Instruction 36–2911, Desertion and Records Records About Individuals,’’ dated Unauthorized Absence; and E.O. 9397 February 8, 1996, (February 20, 1996, 61 (SSN), as amended.’’ AGENCY: Department of the Air Force, FR 6427). DoD. PURPOSE(S): Dated: February 28, 2013. ACTION: Notice to alter a System of Delete entry and replace with ‘‘To Records. Aaron Siegel, support the Air Force Unauthorized Alternate OSD Federal Register Liaison Absence (Absent Without Leave/ SUMMARY: The Department of the Air Officer, Department of Defense. Deserter) Program. Used to ensure Force proposes to alter a system of F036 AF PC J positive identification and expeditious records notice in its existing inventory reporting of service members who have of records systems subject to the Privacy SYSTEM NAME: been classified as Absent Without Leave Act of 1974 (5 U.S.C. 552a), as amended. Absentee and Deserter Information (AWOL)/Deserters to law enforcement, DATES: This proposed action will be Files (June 11, 1997, 62 FR 31793). financial, and leadership in order to effective on April 5, 2013 unless return members to military custody. CHANGES: comments are received which result in Documents commander’s actions which a contrary determination. Comments SYSTEM ID: may be used for support in personnel will be accepted on or before April 4, Delete entry and replace with ‘‘F036 and pay actions.’’ 2013. AFPC G.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE * * * * * ADDRESSES: You may submit comments, SYSTEM, INCLUDING CATEGORIES OF USERS AND identified by docket number and title, SYSTEM LOCATION: THE PURPOSES OF SUCH USES: by any of the following methods: Delete entry and replace with ‘‘Air Delete entry and replace with ‘‘In * Federal Rulemaking Portal: http:// addition to those disclosures generally www.regulations.gov. Follow the Force Personnel Center (AFPC), Missing Persons Division, 550 C Street West, permitted under 5 U.S.C. 552a(b) of the instructions for submitting comments. Privacy Act of 1974, as amended, these * Mail: Federal Docket Management Suite 14, Randolph Air Force Base, TX 78150–4716; records contained therein may System Office, 4800 Mark Center Drive specifically be disclosed outside the East Tower, 2nd Floor, Suite 02G09, Air Reserve Personnel Center, Denver, 18420 East Silver Creek Avenue, DoD as a routine use pursuant to 5 Alexandria, VA 22350–3100. U.S.C. 552a(b)(3) as follows: Instructions: All submissions received Building 390, 68 Buckley Air Force The DoD Blanket Routine Uses must include the agency name and Base, CO 80011–9502; National Personnel Records Center, published at the beginning of the Air docket number for this Federal Register Military Personnel Branch, 1 Archives Force’s compilation of systems of document. The general policy for Drive, St. Louis, MO 63138–1002.’’ records notices may apply to this comments and other submissions from system.’’ members of the public is to make these CATEGORIES OF INDIVIDUALS COVERED BY THE Policies and practices for storing, SYSTEM: submissions available for public retrieving, accessing, retaining, and viewing on the Internet at http:// Delete entry and replace with ‘‘Air disposing of records in the system: www.regulations.gov as they are Force active duty, Reserve, Air National received without change, including any Guard personnel who have been STORAGE: personal identifiers or contact identified as being absent without leave Delete entry and replace with ‘‘Paper information. or deserter.’’ records maintained in file folders, binders, and electronic storage media.’’ FOR FURTHER INFORMATION CONTACT: Mr. CATEGORIES OF RECORDS IN THE SYSTEM: Charles J. Shedrick, Department of the Delete entry and replace with ‘‘Name, RETRIEVABILITY: Air Force Privacy Office, Air Force Social Security Number (SSN), Privacy Act Office, Office of Warfighting Delete entry and replace with ‘‘Name, Department of Defense Identification SSN and/or DoD ID number.’’ Integration and Chief Information Number (DoD ID Number), Rank/Grade, Officer, ATTN: SAF/CIO A6, 1800 Air date of birth, place of birth, height, SAFEGUARDS: Force Pentagon, Washington, DC 20330– weight, eye color, hair color, residence Delete entry and replace with ‘‘Files 1800, or by phone at (202) 404–6575. address, organization and installation, are accessed by Air Force AWOL/ SUPPLEMENTARY INFORMATION: The branch of service, sex, race, ethnicity, Deserter Program Manager and Department of the Air Force’s notices current enlistment, time of absence, personnel cleared for need-to-know. for systems of records subject to the administrative date of desertion, Records are stored in file cabinets in Privacy Act of 1974 (5 U.S.C. 552a), as operator’s driver license and member’s buildings that are either locked or have amended, have been published in the vehicle information; information controlled access entry requirements. Federal Register and are available from currently on file pertaining to family Electronic files are accessed by the address in FOR FURTHER INFORMATION members or associates of the deserter or authorized personnel only who have a CONTACT. absentee, circumstance of absentee’s secure Common Access Card (CAC) and The proposed systems reports, as return and disposition, organization’s an official need-to-know.’’ required by 5 U.S.C. 552a(r) of the commander signature.’’ Privacy Act, as amended, were RETENTION AND DISPOSAL: submitted on January 30, 2013 to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘DD House Committee on Oversight and Delete entry and replace with ‘‘10 Form 553, Deserter/Absentee Wanted by Government Reform, the Senate U.S.C., 8013, Secretary of the Air Force; the Armed Forces and related records

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14296 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

are maintained until absentee is Missing Persons Division, 550 C Street ADDRESSES: You may submit comments, returned to military control, then DD West, Suite 14, Randolph Air Force identified by docket number and title, Form 616, Report of Return of Absentee, Base, TX 78150–4716. by any of the following methods: is accomplished; both forms are then For verification purposes, individual * Federal Rulemaking Portal: http:// filed in Master Personnel Record Group should provide their full name, SSN www.regulations.gov. for permanent retention. Paper records and/or DoD ID Number, any details are destroyed after electronic copy has which may assist in locating records, Follow the instructions for submitting been created and filed or when no and their signature. comments. longer needed for revision, In addition, the requester must * Mail: Federal Docket Management dissemination, or reference, whichever provide a notarized statement or an System Office, 4800 Mark Center Drive, is later. unsworn declaration made in East Tower, 2nd Floor, Suite 02G09, Electronic records replace temporary accordance with 28 U.S.C., 1746, in the Alexandria, VA 22350–3100. paper records and are created using following format: Instructions: All submissions received electronic mail and word processing. If executed outside the United States: must include the agency name and Electronic records are destroyed when ‘I declare (or certify, verify, or state) docket number for this Federal Register the agency determines records are under penalty of perjury under the laws document. The general policy for superseded, obsolete, or no longer of the United States of America that the comments and other submissions from needed for administrative, legal, audit, foregoing is true and correct. Executed members of the public is to make these or other operational purposes.’’ on (date). (Signature)’. submissions available for public If executed within the United States, SYSTEM MANAGER(S) AND ADDRESS: viewing on the Internet at http:// its territories, possessions, or www.regulations.gov as they are Delete entry and replace with ‘‘Air commonwealths: ‘I declare(or certify, received without change, including any Force Absent without Leave/Deserter verify, or state) under penalty of perjury personal identifiers or contact Program Manager, Air Force Personnel that the foregoing is true and correct. information. Center, Missing Persons Division, 550 C Executed on (date). (Signature)’.’’ Street West, Suite 14, Randolph Air * * * * * FOR FURTHER INFORMATION CONTACT: Ms. Force Base, TX 78150–4716.’’ Robin Patterson, HEAD, FOIA/Privacy RECORD SOURCE CATEGORIES: NOTIFICATION PROCEDURE: Act Policy Branch, Department of the Delete entry and replace with Navy, 2000 Navy Pentagon, Washington, Delete entry and replace with ‘‘Information is obtained from the Air DC 20350–2000, or by phone at (202) ‘‘Individuals seeking to determine Force Military Personnel Data System; 685–6545. whether information about themselves Unit Commanders/First Sergeants; Force is contained in this system should SUPPLEMENTARY INFORMATION: The Support Squadron representatives; address written inquiries to Air Force Department of the Navy’s systems of military and civilian law enforcement AWOL/Deserter Program Manager, Air records notices subject to the Privacy officials; DD Form 553, Deserter/ Force Personnel Center, Missing Persons Act of 1974 (5 U.S.C. 552a), as amended, Absentee Wanted by the Armed Forces; Division, 550 C Street West, Suite 14, have been published in the Federal DD Form 616, Report of Return of Randolph Air Force Base, TX 78150– Register and are available from the Absentee; and anyone who may report 4716. address in FOR FURTHER INFORMATION information concerning an absentee For verification purposes, individual CONTACT. The proposed deletion is not wanted by the Armed Forces.’’ should provide their full name, SSN within the purview of subsection (r) of and/or DoD ID Number, any details * * * * * the Privacy Act of 1974, (5 U.S.C. 552a), which may assist in locating records, [FR Doc. 2013–05031 Filed 3–4–13; 8:45 am] as amended, which requires the and their signature. BILLING CODE 5001–06–P submission of a new or altered system In addition, the requester must report. provide a notarized statement or an Dated: February 28, 2013. DEPARTMENT OF DEFENSE unsworn declaration made in Aaron Siegel, accordance with 28 U.S.C., 1746, in the Department of the Navy Alternate OSD Federal Register Liaison following format: Officer, Department of Defense. If executed outside the United States: [Docket ID USN–2013–0004] ‘I declare (or certify, verify, or state) Deletion: under penalty of perjury under the laws Privacy Act of 1974; System of of the United States of America that the Records N06310–1 foregoing is true and correct. Executed on (date). (Signature)’. AGENCY: Department of the Navy, DoD. SYSTEM NAME: If executed within the United States, ACTION: Notice to delete a System of Reports of Injury/Illness for Personnel its territories, possessions, or Records. on MSC Ships (February 22, 1993, 58 FR commonwealths: ‘I declare (or certify, SUMMARY: 10794). verify, or state) under penalty of perjury The Department of the Navy Reason: The Department of the Navy that the foregoing is true and correct. is deleting a system of records notice in (DON) has determined that N05880–2, Executed on (date). (Signature)’.’’ its existing inventory of record systems subject to the Privacy Act of 1974 (5 Admiralty Claims Files (May 9, 2003, 68 RECORD ACCESS PROCEDURES: U.S.C. 552a), as amended. FR 24959) maintains all OJAG records Delete entry and replace with DATES: This proposed action will be relevant to admiralty claims. Therefore, ‘‘Individuals seeking access to effective on April 5, 2013 unless N06310–1, Reports of Injury/Illness for information about themselves contained comments are received which result in Personnel on MSC Ships (February 22, in this system should address written a contrary determination. Comments 1993, 58 FR 10794) can be deleted. inquiries to AWOL/Deserter Program will be accepted on or before April 4, [FR Doc. 2013–05058 Filed 3–4–13; 8:45 am] Manager, Air Force Personnel Center, 2013. BILLING CODE 5001–06–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14297

DEPARTMENT OF DEFENSE 130, ‘‘Federal Agency Responsibilities signature as a means of proving the for Maintaining Records About identity of the individual requesting Department of the Navy Individuals,’’ dated February 8, 1996 access to the records.’’ [Docket ID USN–2013–0003] (February 20, 1996, 61 FR 6427). Dated: February 28, 2013. RECORD ACCESS PROCEDURES: Privacy Act of 1974; System of Aaron Siegel, Delete entry and replace with Records Alternate OSD Federal Register Liaison ‘‘Individuals seeking access to AGENCY: Department of the Navy, DoD. Officer, Department of Defense. information about themselves contained ACTION: Notice to alter a System of N05861–1 in this system should address written Records. inquiries to the Chief of Legislative SYSTEM NAME: Affairs, Department of the Navy, 1300 SUMMARY: The Department of the Navy Private Relief Legislation (April 1, Navy Pentagon, Washington, DC 20350– proposes to alter a system of records in 2008, 73 FR 17331). 2000. its inventory of record systems subject CHANGES: Individual should provide a signed to the Privacy Act of 1974 (5 U.S.C. request with their full name, the term * * * * * 552a), as amended. and session of Congress when the bill DATES: This proposed action will be SYSTEM LOCATION: was introduced, the bill number, the effective on April 5, 2013 unless Delete entry and replace with ‘‘Office sponsor of the bill (if available), and a comments are received which result in of Legislative Affairs, Department of the copy of their driver’s license or similar a contrary determination. Comments Navy, 1300 Navy Pentagon, Washington, substitute for identification purposes. will be accepted on or before April 4, DC 20350–2000.’’ The system manager may require an 2013. * * * * * original signature or a notarized ADDRESSES: You may submit comments, signature as a means of proving the CATEGORIES OF RECORDS IN THE SYSTEM: identified by docket number and title, identity of the individual requesting by any of the following methods: Delete entry and replace with ‘‘Letters access to the records.’’ * Federal Rulemaking Portal: http:// to Congressional Committees, expressing the views of the department * * * * * www.regulations.gov. Follow the [FR Doc. 2013–05059 Filed 3–4–13; 8:45 am] instructions for submitting comments. concerning the legislation and records * Mail: Federal Docket Management necessary to prepare the letters. BILLING CODE 5001–06–P System Office, 4800 Mark Center Drive, Collected information may include East Tower, 2nd Floor, Suite 02G09, name, address, phone number, birth date, and Social Security Number Alexandria, VA 22350–3100. DEPARTMENT OF EDUCATION Instructions: All submissions received (SSN).’’ must include the agency name and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: President’s Board of Advisors on docket number for this Federal Register Delete entry and replace with ‘‘10 Historically Black Colleges and document. The general policy for U.S.C. 5013, Secretary of the Navy, and Universities comments and other submissions from E.O. 9397 (SSN), as amended.’’ members of the public is to make these AGENCY: U.S. Department of Education. submissions available for public * * * * * ACTION viewing on the Internet at http:// STORAGE: : Notice; Advisory Committee Meeting Cancellation. www.regulations.gov as they are Delete entry and replace with ‘‘Paper received without change, including any records and electronic storage media.’’ personal identifiers or contact SUMMARY: The Department of Education * * * * * information. gives notice of the cancellation of the SYSTEM MANAGER(S) AND ADDRESS: meeting of the President’s Board of FOR FURTHER INFORMATION CONTACT: Ms. Advisors on Historically Black Colleges Robin Patterson, HEAD, FOIA/Privacy Delete entry and replace with ‘‘Chief and Universities scheduled for March 6, Act Policy Branch, Department of the of Legislative Affairs, Department of the 2013, and announced in the Federal Navy, 2000 Navy Pentagon, Washington, Navy, 1300 Navy Pentagon, Washington, Register on February 20, 2013, in Vol. DC 20350–2000, or by phone at (202) DC 20350–2000.’’ 78 No. 34. 685–6546. NOTIFICATION PROCEDURE: The meeting will be rescheduled for SUPPLEMENTARY INFORMATION: The Office Delete entry and replace with a date to be announced in the future. of the Secretary of Defense notices for ‘‘Individuals seeking to determine systems of records subject to the Privacy whether information about themselves FOR FURTHER INFORMATION CONTACT: John Act of 1974 (5 U.S.C. 552a), as amended, is contained in this system should P. Brown, Designated Federal Official, have been published in the Federal address written inquiries to the Chief of President’s Board of Advisors on Register and are available from the Legislative Affairs, Department of the Historically Black Colleges and address in FOR FURTHER INFORMATION Navy, 1300 Navy Pentagon, Washington, Universities, U.S. Department of CONTACT. The proposed system report, DC 20350–2000. Education, 400 Maryland Avenue SW., as required by 5 U.S.C. 552a(r) of the Individual should provide a signed Washington, DC 20202. Email Privacy Act of 1974, as amended, was request with their full name, the term [email protected]: Telephone: (202) submitted on February 7, 2013, to the and session of Congress when the bill 453–5645. House Committee on Oversight and was introduced, the bill number, the Government Reform, the Senate sponsor of the bill (if available), and a Martha Kanter, Committee on Governmental Affairs, copy of their driver’s license or similar Under Secretary, U.S. Department of and the Office of Management and substitute for identification purposes. Education. Budget (OMB) pursuant to paragraph 4c The system manager may require an [FR Doc. 2013–05001 Filed 3–4–13; 8:45 am] of Appendix I to OMB Circular No. A– original signature or a notarized BILLING CODE 4000–01–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00034 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14298 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

DEPARTMENT OF ENERGY Filed Date: 2/22/13. Docket Numbers: RP13–582–000. Accession Number: 20130222–5128. Applicants: Guardian Pipeline, L.L.C. Federal Energy Regulatory Comments Due: 5 p.m. ET 3/15/13. Description: Negotiated Rate Commission The filings are accessible in the Agreements—Wisconsin Public Service Commission’s eLibrary system by Corp to be effective 4/1/2013. Combined Notice of Filings #1 clicking on the links or querying the Filed Date: 2/25/13. Take notice that the Commission docket number. Accession Number: 20130225–5089. received the following electric corporate Any person desiring to intervene or Comments Due: 5 p.m. ET 3/11/13. filings: protest in any of the above proceedings Docket Numbers: RP13–583–000. Docket Numbers: EC13–75–000. must file in accordance with Rules 211 Applicants: Petal Gas Storage, L.L.C. Applicants: Wolverine Power Supply and 214 of the Commission’s Description: Compliance Filing in Cooperative, Inc., Wisconsin Electric Regulations (18 CFR 385.211 and CP12–464–000—Hattiesburg Roll-In to Power Company. 385.214) on or before 5:00 p.m. Eastern be effective 3/28/2013. Description: Wolverine Power Supply time on the specified comment date. Filed Date: 2/26/13. Cooperative, Inc. et al Application for Protests may be considered, but Accession Number: 20130226–5035. Authorization for Disposition of intervention is necessary to become a Comments Due: 5 p.m. ET 3/11/13. Jurisdictional Facilities Pursuant to party to the proceeding. Any person desiring to intervene or Federal Power Act Section 203 & eFiling is encouraged. More detailed protest in any of the above proceedings Request for limited Waivers & information relating to filing must file in accordance with Rules 211 Confidential Treatment. requirements, interventions, protests, and 214 of the Commission’s Filed Date: 2/22/13. service, and qualifying facilities filings Regulations (18 CFR 385.211 and Accession Number: 20130222–5142. can be found at: http://www.ferc.gov/ 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 3/15/13. docs-filing/efiling/filing-req.pdf. For time on the specified comment date. Take notice that the Commission other information, call (866) 208–3676 Protests may be considered, but received the following electric rate (toll free). For TTY, call (202) 502–8659. intervention is necessary to become a filings: Dated: February 25, 2013. party to the proceeding. Docket Numbers: ER12–513–006. Nathaniel J. Davis, Sr., The filings are accessible in the Applicants: PJM Interconnection, Deputy Secretary. Commission’s eLibrary system by L.L.C. [FR Doc. 2013–04925 Filed 3–4–13; 8:45 am] clicking on the links or querying the docket number. Description: Compliance filing per 1/ BILLING CODE 6717–01–P 31/2013 Order accepting Settlement eFiling is encouraged. More detailed Agreement in ER12–513 to be effective information relating to filing 1/31/2013. DEPARTMENT OF ENERGY requirements, interventions, protests, Filed Date: 2/22/13. and service can be found at: http:// Accession Number: 20130222–5077. Federal Energy Regulatory www.ferc.gov/docs-filing/efiling/filing- Comments Due: 5 p.m. ET 3/15/13. Commission req.pdf. For other information, call (866) Docket Numbers: ER13–973–000. 208–3676 (toll free). For TTY, call (202) Combined Notice of Filings Applicants: Saja Energy LLC. 502–8659. Description: Market-Based Rates Take notice that the Commission has Dated: February 26, 2013. application to be effective 2/23/2013. received the following Natural Gas Nathaniel J. Davis, Sr., Filed Date: 2/22/13. Pipeline Rate and Refund Report filings: Deputy Secretary. Accession Number: 20130222–5106. Filings Instituting Proceedings [FR Doc. 2013–04924 Filed 3–4–13; 8:45 am] Comments Due: 5 p.m. ET 3/15/13. BILLING CODE 6717–01–P Docket Numbers: ER13–974–000. Docket Numbers: RP13–579–000. Applicants: Dynegy Midwest Applicants: National Fuel Gas Supply Corporation. Generation, LLC. ENVIRONMENTAL PROTECTION Description: Fuel Tracker (04/01/13) Description: Revised Rate Schedule to AGENCY be effective 12/31/1998. to be effective 4/1/2013. Filed Date: 2/22/13. Filed Date: 2/22/13. [FRL–9784–8; EPA–HQ–OARM–2013–0041] Accession Number: 20130222–5115. Accession Number: 20130222–5095. Comments Due: 5 p.m. ET 3/15/13. Comments Due: 5 p.m. ET 3/6/13. Public Availability of Environmental Protection Agency FY 2012 Service Docket Numbers: ER13–975–000. Docket Numbers: RP13–580–000. Applicants: Pacific Gas and Electric Applicants: National Fuel Gas Supply Contract Inventory Company. Corporation. AGENCY: Environmental Protection Description: Western’s WPA Description: Market Pooling Points Agency (EPA). (Cottonwood Phase 2), Rate Schedule (Feb 2013) to be effective 12/31/1998. ACTION: Notice of public availability of Filed Date: 2/22/13. FERC No 228 to be effective 2/25/2013. FY 2012 Service Contract Inventories. Filed Date: 2/22/13. Accession Number: 20130222–5105. Accession Number: 20130222–5123. Comments Due: 5 p.m. ET 3/6/13. SUMMARY: In accordance with Section Comments Due: 5 p.m. ET 3/15/13. Docket Numbers: RP13–581–000. 743 of Division C of the Consolidated Docket Numbers: ER13–976–000. Applicants: Guardian Pipeline, L.L.C. Appropriations Act of 2010 (Pub. L. Applicants: Arizona Public Service Description: Rate Schedule OSS and 111–117), The Environmental Protection Company. Rate Schedule LBS Update to be Agency is publishing this notice to Description: Arizona Public Service effective 4/1/2013. advise the public of the availability of files Navajo Generating Station Filed Date: 2/25/13. the FY 2012 Service Contract Inventory. Operating Agreement to be effective 4/ Accession Number: 20130225–5087. This inventory provides information on 23/2013. Comments Due: 5 p.m. ET 3/11/13. service contract actions over $25,000

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14299

that were made in FY 2012. The ENVIRONMENTAL PROTECTION EPA’s ORD has requested that the information is organized by function to AGENCY SAB conduct peer reviews of selected IRIS chemical toxicological reviews. show how contracted resources are [FRL–9786–6] distributed throughout the agency. The The SAB CAAC will be augmented, as inventory has been developed in Notification of a Public Meeting of the needed, with additional subject matter accordance with guidance issued by the Science Advisory Board Chemical experts to provide advice regarding IRIS Office of Management and Budget’s Assessment Advisory Committee toxicological reviews through the Office of Federal Procurement Policy chartered SAB. Prior to the beginning of AGENCY: (OFPP), Service Contract Inventories Environmental Protection their peer review activities, the CAAC is Agency (EPA). (December 19, 2011). The meeting to learn more about the IRIS Environmental Protection Agency has ACTION: Notice. program and the process for developing posted its inventory and a summary of IRIS toxicological reviews for chemicals. SUMMARY: The Environmental Protection The SAB Staff Office previously the inventory on the EPA’s homepage at Agency (EPA or agency) Science requested public nominations of experts the following link: http://www.epa.gov/ Advisory Board (SAB) Staff Office to serve on the SAB committee in two oam/inventory/inventory.htm. announces a public meeting of the SAB Federal Register notices published on FOR FURTHER INFORMATION CONTACT: Chemical Assessment Advisory November 18, 2011 and August 29, 2012 Questions regarding the service contract Committee (CAAC) to receive a briefing (76 FR 223 pp. 71561–62; 77 FR 168 pp. about the Integrated Risk Information inventory should be directed to Linear 52330–31, respectively). Information System (IRIS) program and Cherry in the Office of Acquisition about the formation of this SAB enhancements to the process for Management, Headquarters committee can be found on the SAB developing IRIS toxicological reviews Web site at http://yosemite.epa.gov/sab/ Procurement Operations Division for chemicals. (3803R), Business Analysis and sabproduct.nsf/WebAll/ DATES: The SAB CAAC meeting dates Strategic Sourcing, Environmental nominationcommittee?OpenDocument. are Tuesday April 2, 2013 from 9 a.m. Protection Agency, 1200 Pennsylvania Availability of the review materials: to 5:00 p.m. (Eastern Time) and Information about this public meeting Avenue NW., Washington, DC 20460; Wednesday April 3, 2013 from 8:30 a.m. telephone number: 202–564–4403; will be available on the SAB Web site to 1:00 p.m. (Eastern Time). (http://www.epa.gov/sab) prior to the email address: [email protected]. ADDRESSES: The meeting will be held at meeting. Meeting materials can be SUPPLEMENTARY INFORMATION: the Washington Marriott Hotel, 1221 accessed by using the ‘‘calendar’’ link in 22nd Street, Washington, DC 20037. the blue navigation sidebar and then I. General Information FOR FURTHER INFORMATION CONTACT: clicking on the date corresponding to How can I get copies of this docket and Members of the public who wish to the meeting date. other related information? obtain further information regarding this Procedures for Providing Public Input: announcement may contact Dr. Suhair Public comment for consideration by 1. The EPA has established a docket Shallal, Designated Federal Officer EPA’s federal advisory committees and for this action under Docket ID No. (DFO), SAB Staff Office, by telephone/ panels has a different purpose from EPA–HQ–OARM–2013–0041. Publicly voice mail at (202) 564–2057 or via public comment provided to EPA available docket materials are available email at [email protected]. General program offices. Therefore, the process either electronically through information concerning the EPA SAB for submitting comments to a federal www.regulations.gov or in hard copy at can be found at http://www.epa.gov/sab. advisory committee is different from the the FY 2012 Service Contract Inventory SUPPLEMENTARY INFORMATION: process used to submit comments to an Docket in the EPA Docket Center, (EPA/ Background: The SAB was EPA program office. Federal advisory DC) EPA West, Room 3334, 1301 established pursuant to the committees and panels, including Constitution Ave. NW., Washington, Environmental Research, Development, scientific advisory committees, provide DC. The EPA Docket Center Public and Demonstration Authorization Act independent advice to EPA. Members of Reading Room is open from 8:30 a.m. to (ERDDAA) codified at 42 U.S.C. 4365, to the public can submit relevant 4:30 p.m., Monday through Friday, provide independent scientific and comments pertaining to the committee’s excluding legal holidays. The telephone technical peer review, advice, charge, meeting materials and/or the number for the Public Reading Room is consultation and recommendations to group conducting the activity. Input (202) 566–1744, and the telephone the EPA Administrator on the technical from the public to the SAB will have the most impact if it consists of comments number for the FY 2012 Service basis for EPA actions. As a Federal that provide specific scientific or Contract Inventory Docket is (202) 566– Advisory Committee, the SAB conducts business in accordance with the Federal technical information or analysis for the 1752. Advisory Committee Act (FACA) (5 SAB committee to consider or if it 2. Electronic Access. You may access U.S.C. App. 2) and related regulations. relates to the clarity or accuracy of the this Federal Register document Pursuant to FACA and EPA policy, technical information. Members of the electronically through the EPA Internet notice is hereby given that the SAB public wishing to provide comment under the ‘‘Federal Register’’ listings at Chemical Assessment Advisory should contact the Designated Federal http://www.epa.gov/fedrgstr/. Committee (CAAC) will hold a public Officer for the relevant advisory Dated: February 8, 2013. meeting to learn about the EPA’s Office committee directly. of Research and Development (ORD) Oral Statements: In general, John R. Bashista, Integrated Risk Information System individuals or groups requesting an oral Director, Office of Acquisition Management. (IRIS) program and the development of presentation will be limited to five [FR Doc. 2013–05097 Filed 3–4–13; 8:45 am] toxicological reviews for chemicals. The minutes per speaker. Interested parties BILLING CODE 6560–50–P SAB committee will comply with the should contact Dr. Suhair Shallal, DFO, provisions of FACA and all appropriate in writing (preferably via email), at the SAB Staff Office procedural policies. contact information noted above, by

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14300 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

March 25, 2013 to be placed on the list (‘‘Agreement’’) pursuant to Section Dated: February 13, 2013. of public speakers for the meeting. 122(h)(1) of CERCLA, with Rusony Walter E. Mugdan, Written Statements: Written Shiau and Katrina Shiau (‘‘Settling Director, Emergency and Remedial Response statements should be received in the Parties’’). The Settling Parties are Division. SAB Staff Office by March 25, 2013 so potentially responsible parties, pursuant [FR Doc. 2013–05099 Filed 3–4–13; 8:45 am] that the information may be made to Section 107(a) of CERCLA, and thus BILLING CODE 6560–50–P available to the SAB Committee for are potentially liable for response costs consideration. Written statements incurred at or in connection with the should be supplied to the DFO in 1244 White Drive Site (‘‘Site’’), located FARM CREDIT ADMINISTRATION electronic format via email (acceptable in North Brunswick, Middlesex County, file formats: Adobe Acrobat PDF, New Jersey. Under the Agreement, the Sunshine Act Meetings Farm Credit WordPerfect, MS Word, MS PowerPoint, Settling Parties agree to pay a total of Administration Board; Regular Meeting or Rich Text files in IBM–PC/Windows $429,783.54 to EPA for past response AGENCY: Farm Credit Administration. 98/2000/XP format). It is the SAB Staff costs over a period of three years with Office general policy to post written SUMMARY: Notice is hereby given, most of that money coming from the pursuant to the Government in the comments on the web page for the sale of seven properties that the Settling advisory meeting or teleconference. Sunshine Act, of the regular meeting of Parties own. The Settling Parties will Submitters are requested to provide an the Farm Credit Administration Board pay the money in accordance with the unsigned version of each document (Board). following schedule. Within 30 days of because the SAB Staff Office does not DATE AND TIME: The regular meeting of publish documents with signatures on the effective date of the Settlement the Board will be held at the offices of its Web sites. Members of the public Agreement, the Settling Parties will pay the Farm Credit Administration in should be aware that their personal EPA 10% ($42,978.35) of the total McLean, Virginia, on March 14, 2013, contact information, if included in any leaving a balance of $386,805.19. Within from 9:00 a.m. until such time as the written comments, may be posted to the three years of the effective date of the Board concludes its business. Settlement Agreement, the Settling SAB Web site. Copyrighted material will FOR FURTHER INFORMATION CONTACT: Dale not be posted without explicit Parties will sell the seven properties L. Aultman, Secretary to the Farm permission of the copyright holder. that they own and pay EPA 60% of the Credit Administration Board, (703) 883– Accessibility: For information on net proceeds from the sale of each of the 4009, TTY (703) 883–4056. seven properties until the balance of access or services for individuals with ADDRESSES: Farm Credit $386,805.19 is paid in full. In the event disabilities, please contact Dr. Suhair Administration, 1501 Farm Credit Drive, Shallal at the phone number or email that any balance remains due after the McLean, Virginia 22102–5090. address noted above, preferably at least sale of the seven properties the SUPPLEMENTARY INFORMATION: This ten days prior to the meeting, to give remaining balance will be paid out of meeting of the Board will be open to the EPA as much time as possible to process the Settling Parties’ estates. EPA will public (limited space available). In order your request. consider all comments received and to increase the accessibility to Board Dated: February 21, 2013. may modify or withdraw its consent to meetings, persons requiring assistance Thomas H. Brennan, the Agreement if comments received should make arrangements in advance. Deputy Director, EPA Science Advisory Board disclose facts or considerations that The matter to be considered at the Staff Office. indicate that the proposed Agreement is meeting is: inappropriate, improper, or inadequate. [FR Doc. 2013–05106 Filed 3–4–13; 8:45 am] Open Session BILLING CODE 6560–50–P EPA’s response to any comments received will be available for public A. Approval of Minutes inspection at EPA Region 2 offices, 290 • February 14, 2013 ENVIRONMENTAL PROTECTION Broadway, New York, New York 10007– AGENCY 1866. B. New Business [FRL–9787–5] DATES: Comments must be provided by • Liquidity and Funding—Final Rule April 4, 2013. Proposed CERCLA Settlement Relating C. Report to the 1244 White Drive Site in North ADDRESSES: The Agreement is available • Ethics Quarterly Report for public inspection at EPA Region 2 Brunswick, Middlesex County, NJ Dated: March 1, 2013. offices at 290 Broadway, New York, AGENCY: Environmental Protection New York 10007–1866. Comments Dale L. Aultman, Agency (EPA). should reference the 1244 White Drive Secretary, Farm Credit Administration Board. ACTION: Notice of Proposed Site, located in North Brunswick, [FR Doc. 2013–05224 Filed 3–1–13; 4:15 pm] Administrative Settlement and Middlesex County, New Jersey, Index BILLING CODE 6705–01–P Opportunity for Public Comment. No. CERCLA–02–2013–2004. To request a copy of the Agreement, please contact SUMMARY: In accordance with Section the EPA employee identified below. FEDERAL FINANCIAL INSTITUTIONS 122(i) of the Comprehensive EXAMINATION COUNCIL Environmental Response, FOR FURTHER INFORMATION CONTACT: Compensation, and Liability Act of Gerard Burke, Assistant Regional [Docket No. AS13–05] Counsel, New Jersey Superfund Branch, 1980, as amended (‘‘CERCLA’’), notice Appraisal Subcommittee; Notice of Office of Regional Counsel, U.S. is hereby given by the U.S. Meeting Environmental Protection Agency Environmental Protection Agency, 290 (‘‘EPA’’), Region 2, of a proposed Broadway—17th Floor, New York, New AGENCY: Appraisal Subcommittee of the Administrative Settlement Agreement York 10007–1866. Telephone: 212–637– Federal Financial Institutions for Recovery of Past Response Costs 3120, email at [email protected]. Examination Council.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14301

ACTION: Notice of Meeting. FEDERAL FINANCIAL INSTITUTIONS both of Ada, Oklahoma; Twylah EXAMINATION COUNCIL Jenonne Kesler, Edmond, Oklahoma; and Jeanetta Bagwell, Ada, Oklahoma; Description [Docket No. AS13–06] as trustees and members to the Vision In accordance with Section 1104 (b) of Appraisal Subcommittee; Notice of Bancshares, Inc. Voting Agreement, to Title XI of the Financial Institutions Meeting retain voting shares of Vision Reform, Recovery, and Enforcement Act Bancshares, Inc., and thereby indirectly of 1989, as amended, notice is hereby AGENCY: Appraisal Subcommittee of the retain voting shares of Vision Bank, given that the Appraisal Subcommittee Federal Financial Institutions National Association, both in Ada, (ASC) will meet in open session for its Examination Council. Oklahoma. regular meeting: ACTION: Notice of Meeting. Board of Governors of the Federal Reserve Location: OCC—400 7th Street SW., Description: In accordance with System, February 28, 2013. Washington, DC 20024. Section 1104 (b) of Title XI of the Robert deV. Frierson, Date: March 13, 2013. Financial Institutions Reform, Recovery, Secretary of the Board. and Enforcement Act of 1989, as [FR Doc. 2013–05009 Filed 3–4–13; 8:45 am] Time: 10:30 a.m. amended, notice is hereby given that the BILLING CODE 6210–01–P Status: Open Appraisal Subcommittee (ASC) will Matters to be Considered meet in closed session: Location: OCC—400 7th Street SW., FEDERAL RESERVE SYSTEM Summary Agenda Washington, DC 20024. Date: March 13, 2013. Formations of, Acquisitions by, and February 13, 2013 minutes—Open Time: Immediately following the ASC Mergers of Bank Holding Companies Session open session. The companies listed in this notice (No substantive discussion of the above Status: Closed have applied to the Board for approval, items is anticipated. These matters will be Matters To Be Considered: resolved with a single vote unless a member February 13, 2013 minutes—Closed pursuant to the Bank Holding Company of the ASC requests that an item be moved Session Act of 1956 (12 U.S.C. 1841 et seq.) to the discussion agenda.) Preliminary discussion of State (BHC Act), Regulation Y (12 CFR part Compliance Reviews 225), and all other applicable statutes Discussion Agenda and regulations to become a bank Dated: February 28, 2013. holding company and/or to acquire the Appraisal Complaint National Hotline James R. Park, assets or the ownership of, control of, or Illinois Compliance Review Executive Director. the power to vote shares of a bank or [FR Doc. 2013–05023 Filed 3–4–13; 8:45 am] bank holding company and all of the How to Attend and Observe an ASC BILLING CODE 6700–01–P banks and nonbanking companies Meeting owned by the bank holding company, Email your name, organization and including the companies listed below. contact information to FEDERAL RESERVE SYSTEM The applications listed below, as well [email protected]. as other related filings required by the Change in Bank Control Notices; Board, are available for immediate You may also send a written request Acquisitions of Shares of a Bank or inspection at the Federal Reserve Bank via U.S. Mail, fax or commercial carrier Bank Holding Company indicated. The applications will also be to the Executive Director of the ASC, The notificants listed below have available for inspection at the offices of 1401 H Street NW., Ste 760, the Board of Governors. Interested Washington, DC 20005. The fax number applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and persons may express their views in is 202–289–4101. Your request must be § 225.41 of the Board’s Regulation Y (12 writing on the standards enumerated in received no later than 4:30 p.m., ET, on CFR 225.41) to acquire shares of a bank the BHC Act (12 U.S.C. 1842(c)). If the the Monday prior to the meeting. or bank holding company. The factors proposal also involves the acquisition of Attendees must have a valid that are considered in acting on the a nonbanking company, the review also government-issued photo ID and must notices are set forth in paragraph 7 of includes whether the acquisition of the agree to submit to reasonable security the Act (12 U.S.C. 1817(j)(7)). nonbanking company complies with the measures. The meeting space is The notices are available for standards in section 4 of the BHC Act intended to accommodate public immediate inspection at the Federal (12 U.S.C. 1843). Unless otherwise attendees. However, if the space will not Reserve Bank indicated. The notices noted, nonbanking activities will be accommodate all requests, the ASC may also will be available for inspection at conducted throughout the United States. refuse attendance on that reasonable the offices of the Board of Governors. Unless otherwise noted, comments basis. The use of any video or audio Interested persons may express their regarding each of these applications tape recording device, photographing views in writing to the Reserve Bank must be received at the Reserve Bank device, or any other electronic or indicated for that notice or to the offices indicated or the offices of the Board of mechanical device designed for similar of the Board of Governors. Comments Governors not later than March 29, purposes is prohibited at ASC meetings. must be received not later than March 2013. 20, 2013. A. Federal Reserve Bank of Dated: February 28, 2013. A. Federal Reserve Bank of Kansas Minneapolis (Jacqueline G. King, James R. Park, City (Dennis Denney, Assistant Vice Community Affairs Officer) 90 Executive Director. President) 1 Memorial Drive, Kansas Hennepin Avenue, Minneapolis, [FR Doc. 2013–05024 Filed 3–4–13; 8:45 am] City, Missouri 64198–0001: Minnesota 55480–0291: BILLING CODE P 1. The Bill and Twylah Horne 1. Midwest Bancshares, Inc., Tyndall, Irrevocable Trust, and Bill J. Horne, Jr., South Dakota; to acquire 100 percent of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14302 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the voting shares of Commercial Bank of Commission, Room M–8102B, 600 Hours: 52,272 (2,240 hours for non- Minnesota, Heron Lake, Minnesota. Pennsylvania Avenue NW., Washington, liquid alternative fuels + 50,032 hours In connection with this application, DC 20580, (202) 326–2889. for AFV manufacturers) Applicant also has applied to acquire SUPPLEMENTARY INFORMATION: Labor Costs: $1,090,918 ($55,756 for Risk Management Partners, Inc., Heron Title: Alternative Fuels Rule, 16 CFR non-liquid alternative fuels + Lake, Minnesota, and thereby engage de Part 309. $1,035,162 for AFV manufacturers) novo in general insurance agency OMB Control Number: 3084–0094. Non-Labor Cost: $570,813 ($813 for activities in a town with a population Type of Review: Extension of non-liquid alternative fuels + $570,000 not exceeding 5,000, pursuant to section currently approved collection. for AFV manufacturers and sellers of 225.28(b)(11)(iii)(A). Abstract: The Rule, which used AFVs) implements the Energy Policy Act of Pursuant to the OMB regulations, 5 Board of Governors of the Federal Reserve CFR Part 1320, that implement the PRA, System, February 28, 2013. 1992, Public Law 102–486, requires disclosure of specific information on 44 U.S.C. 3501 et seq., the FTC is Robert deV. Frierson, labels posted on fuel dispensers for non- providing a second opportunity for the Secretary of the Board. liquid alternative fuels and on labels on public to comment while seeking OMB [FR Doc. 2013–05008 Filed 3–4–13; 8:45 am] Alternative Fueled Vehicles (AFVs). To approval to renew the pre-existing BILLING CODE 6210–01–P ensure the accuracy of these disclosures, clearance for the Rule. the Rule also requires that sellers Request for Comment: You can file a maintain records substantiating comment online or on paper. For the FEDERAL TRADE COMMISSION product-specific disclosures they Commission to consider your comment, include on these labels. we must receive it on or before April 4, Agency Information Collection It is common practice for alternative 2013. Write ‘‘Paperwork Comment: FTC Activities; Submission for OMB fuel industry members to determine and File No. P134200’’ on your comment. Review; Comment Request monitor fuel ratings in the normal Your comment B including your name and your state B will be placed on the AGENCY: Federal Trade Commission course of their business activities. This public record of this proceeding, (‘‘Commission’’ or ‘‘AFTC’’). is because industry members must including, to the extent practicable, on ACTION: Notice. determine the fuel ratings of their products in order to monitor quality and the public Commission Web site, at SUMMARY: The information collection to decide how to market them. http://www.ftc.gov/os/ requirements described below will be ‘‘Burden’’ for PRA purposes is defined publiccomments.shtm. As a matter of submitted to the Office of Management to exclude effort that would be discretion, the Commission tries to and Budget (‘‘OMB’’) for review, as expended regardless of any regulatory remove individuals’ home contact required by the Paperwork Reduction requirement. 5 CFR 1320.2(b)(2). information from comments before Act (‘‘PRA’’). The FTC seeks public Moreover, as originally anticipated placing them on the Commission Web comments on its proposal to extend when the Rule was promulgated in site. Because your comment will be made through April 30, 2016 the current PRA 1995, many of the information public, you are solely responsible for clearance for information collection collection requirements and the making sure that your comment doesn’t requirements contained in its originally-estimated hours were include any sensitive personal Alternative Fuels Rule (‘‘Rule’’). That associated with one-time start up tasks information, like anyone’s Social clearance expires on April 30, 2013. of implementing standard systems and Security number, date of birth, driver’s processes. DATES: Comments must be submitted on license number or other state or before April 4, 2013. Other factors also limit the burden associated with the Rule. Certification identification number or foreign country ADDRESSES: Interested parties may file a equivalent, passport number, financial comment online or on paper, by may be a one-time event or require only infrequent revision. Disclosures on account number, or credit or debit card following the instructions in the number. You are also solely responsible Request for Comment part of the electric vehicle fuel dispensing systems may be useable for several years. for making sure that your comment SUPPLEMENTARY INFORMATION section doesn’t include any sensitive health Nonetheless, there is still some burden below. Write ‘‘Paperwork Comment: information, like medical records or associated with posting labels. There FTC File No. P134200’’ on your other individually identifiable health also will be some minimal burden comment, and file your comment online information. In addition, don’t include associated with new or revised at https://ftcpublic.commentworks.com/ any ‘‘[t]rade secret or any commercial or certification of fuel ratings and ftc/altfuelspra2 by following the financial information which is obtained recordkeeping. The burden on vehicle instructions on the web-based form. If from any person and which is privileged manufacturers is limited because only you prefer to file your comment on or confidential * * *, ’’ as provided in newly-manufactured vehicles will paper, mail or deliver your comment to Section 6(f) of the FTC Act, 15 U.S.C. require label posting and manufacturers the following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR Commission, Office of the Secretary, produce very few new models each 4.10(a)(2). If you want the Commission Room H–113 (Annex J), 600 year. to give your comment confidential On December 10, 2012, the Pennsylvania Avenue NW., Washington, treatment, you must file it in paper Commission sought comment on the DC 20580. information collection requirements and See 77 FR at 73468. The non-labor cost estimate FOR FURTHER INFORMATION CONTACT: staff’s PRA burden estimates associated Requests for additional information or shown here, however, contains minor corrections with the Rule (‘‘December 10, 2012 for the calculation regarding AFV manufacturers copies of the proposed information Notice’’). 77 FR 73467. No comments and sellers of used AFVs and, accordingly, the requirements for the Alternative Fuels were received. cumulative non-labor cost total for all respondents. Rule should be addressed to Hampton 1 Based on an estimated 1,500,000 new and used Estimated Annual Burden: AFVs each year at thirty-eight cents for each label Newsome, Attorney, Division of (per industry sources), estimated annual AFV Marketing Practices, Bureau of 1 The calculations underlying these estimates are labeling cost is $570,000 ($0.38 × 1,500,000); total Consumer Protection, Federal Trade detailed in the related December 10, 2012 Notice. non-labor cost would thus be $570,813.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14303

form, with a request for confidential should be sent by facsimile to (202) DEPARTMENT OF HEALTH AND treatment, and you have to follow the 395–5167. HUMAN SERVICES procedure explained in FTC Rule 4.9(c), David C. Shonka, 16 CFR 4.9(c). Your comment will be Office of the Secretary kept confidential only if the FTC Acting General Counsel. General Counsel, in his or her sole [FR Doc. 2013–05070 Filed 3–4–13; 8:45 am] Notice of Interest Rate on Overdue discretion, grants your request in BILLING CODE 6750–01–P Debts accordance with the law and the public Section 30.18 of the Department of interest. Health and Human Services’ claims Postal mail addressed to the DEPARTMENT OF HEALTH AND collection regulations (45 CFR part 30) Commission is subject to delay due to HUMAN SERVICES provides that the Secretary shall charge heightened security screening. As a an annual rate of interest, which is result, we encourage you to submit your Statement of Delegation of Authority; determined and fixed by the Secretary comments online, or to send them to the Health Resources and Services of the Treasury after considering private Commission by courier or overnight Administration and Centers for consumer rates of interest on the date service. To make sure that the Disease Control and Prevention that the Department of Health and Commission considers your online Human Services becomes entitled to comment, you must file it at https:// I hereby delegate to the recovery. The rate cannot be lower than ftcpublic.commentworks.com/ftc/ Administrator, Health Resources and the Department of Treasury’s current altfuelspra2, by following the Services Administration (HRSA), and value of funds rate or the applicable rate determined from the ‘‘Schedule of instructions on the web-based form. If the Director, Centers for Disease Control Certified Interest Rates with Range of this Notice appears at http:// and Prevention (CDC), with authority to Maturities’’ unless the Secretary waives www.regulations.gov/#!home, you also redelegate, the authority vested in the Secretary of the Department of Health interest in whole or part, or a different may file a comment through that Web rate is prescribed by statute, contract, or site. and Human Services under Title III, Part R, Section 399BB, titled ‘‘Autism, repayment agreement. The Secretary of If you file your comment on paper, Education, Early Detection, and the Treasury may revise this rate write ‘‘Paperwork Comment: FTC File Intervention,’’ of the Public Health quarterly. The Department of Health and No. P134200’’ on your comment and on Service (PHS) Act, as amended, insofar Human Services publishes this rate in the envelope, and mail or deliver it to the Federal Register. as such authority pertains to the 5 the following address: Federal Trade functions of HRSA and CDC, The current rate of 10 ⁄8%, as fixed by Commission, Office of the Secretary, respectively. HRSA and CDC will the Secretary of the Treasury, is certified for the quarter ended December 31, Room H–113 (Annex J), 600 coordinate and collaborate with each 2012. This interest rate is effective until Pennsylvania Avenue NW., Washington, other, with the National Institutes of the Secretary of the Treasury notifies the DC 20580. If possible, submit your Health (NIH), and with the Department of Health and Human paper comment to the Commission by Administration for Children and Services of any change. courier or overnight service. Families (ACF), as appropriate, in Visit the Commission Web site at implementing this authority. In Dated: February 25, 2013. http://www.ftc.gov to read this Notice. addition, nothing in this delegation of Margie Yanchuk, The FTC Act and other laws that the authority would preclude NIH from Director, Office of Financial Policy and Commission administers permit the pursuing research and training activities Reporting. collection of public comments to authorized by the PHS Act. HRSA and [FR Doc. 2013–04945 Filed 3–4–13; 8:45 am] consider and use in this proceeding as CDC will also coordinate and BILLING CODE 4150–04–P appropriate. The Commission will collaborate with other agencies, as consider all timely and responsive appropriate, in implementing this public comments that it receives on or authority. DEPARTMENT OF HEALTH AND HUMAN SERVICES before April 4, 2013. You can find more This delegation excludes the authority information, including routine uses to issue regulations, to establish Centers for Disease Control and permitted by the Privacy Act, in the advisory committees and councils and Prevention Commission’s privacy policy, at http:// appoint their members, and shall be www.ftc.gov/ftc/privacy.htm. exercised in accordance with the Subcommittee for Dose Comments on the information Department’s applicable policies, Reconstruction Reviews (SDRR), collection requirements subject to procedures, and guidelines. Advisory Board on Radiation and review under the PRA should I hereby affirm and ratify any actions Worker Health (ABRWH or the additionally be submitted to OMB. If taken by the Administrator, HRSA, the Advisory Board), National Institute for sent by U.S. mail, they should be Director, CDC, or other HRSA and CDC Occupational Safety and Health addressed to Office of Information and officials, which involve the exercise of (NIOSH) Regulatory Affairs, Office of these authorities prior to the effective In accordance with section 10(a)(2) of Management and Budget, Attention: date of this delegation. the Federal Advisory Committee Act Desk Officer for the Federal Trade This delegation is effective upon date (Pub. L. 92–463), the Centers for Disease Commission, New Executive Office of signature. Control and Prevention (CDC), Building, Docket Library, Room 10102, Dated: February 22, 2013. announces the following meeting for the 725 17th Street NW., Washington, DC aforementioned subcommittee: 20503. Comments sent to OMB by U.S. Kathleen Sebelius, Time and Date: 9:00 a.m.–5:00 p.m. postal mail, however, are subject to Secretary. Eastern Time, March 25, 2013. delays due to heightened security [FR Doc. 2013–04946 Filed 3–4–13; 8:45 am] Place: Cincinnati Airport Marriott, precautions. Thus, comments instead BILLING CODE 4165–15–P 2395 Progress Drive, Hebron, Kentucky

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14304 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

41018, Telephone (859) 334–4611, Fax reconstruction cases under review (sets responded. Mr. Vela’s failure to respond (859) 334–4619. 8–9, Savannah River Site, Rocky Flats constitutes a waiver of his right to a Status: Open to the public, but Plant, and Los Alamos National hearing concerning this action. without an oral public comment period. Laboratory cases from sets 10–13); and DATES: This order is effective March 5, The USA toll-free, dial-in number is selection of ‘‘blind dose 2013. 1–866–659–0537 with a pass code of reconstructions’’ from set 16. ADDRESSES: Submit applications for 9933701. The agenda is subject to change as termination of debarment to the Background: The Advisory Board was priorities dictate. Division of Dockets Management (HFA– established under the Energy Employees In the event an individual cannot 305), Food and Drug Administration, Occupational Illness Compensation attend, written comments may be 5630 Fishers Lane, Rm. 1061, Rockville, Program Act of 2000 to advise the submitted. Any written comments MD 20852. President on a variety of policy and received will be provided at the meeting technical functions required to and should be submitted to the contact FOR FURTHER INFORMATION CONTACT: implement and effectively manage the person below well in advance of the Kenny Shade, Office of Regulatory new compensation program. Key meeting. Affairs, Food and Drug Administration, functions of the Advisory Board include Contact Person for More Information: 12420 Parklawn Dr., Rockville, MD providing advice on the development of Theodore Katz, Designated Federal 20857, 301–796–4640. probability of causation guidelines that Official, NIOSH, CDC, 1600 Clifton SUPPLEMENTARY INFORMATION: have been promulgated by the Road, Mailstop E–20, Atlanta, Georgia I. Background Department of Health and Human 30333, Telephone (513) 533–6800, Toll Services (HHS) as a final rule; advice on Free 1 (800) CDC–INFO, email Section 306(b)(1)(C) of the FD&C Act methods of dose reconstruction, which [email protected]. (21 U.S.C. 335a(b)(1)(C)) permits FDA to have also been promulgated by HHS as The Director, Management Analysis debar an individual from importing an a final rule; advice on the scientific and Services Office, has been delegated article of food or offering such an article validity and quality of dose estimation the authority to sign Federal Register for import into the United States if FDA and reconstruction efforts being notices pertaining to announcements of finds, as required by section performed for purposes of the meetings and other committee 306(b)(3)(A) of the FD&C Act, that the compensation program; and advice on management activities, for both the individual has been convicted of a petitions to add classes of workers to the Centers for Disease Control and felony for conduct relating to the Special Exposure Cohort (SEC). Prevention and the Agency for Toxic importation into the United States of In December 2000, the President Substances and Disease Registry. any food. delegated responsibility for funding, On November 21, 2011, Mr. Vela was staffing, and operating the Advisory Dana Redford, convicted, as defined in section Board to HHS, which subsequently Acting Director, Management Analysis and 306(l)(1)(B) of the FD&C Act, when the delegated this authority to CDC. NIOSH Services Office, Centers for Disease Control U.S. District Court for the Southern implements this responsibility for CDC. and Prevention. District of Florida accepted his plea of The charter was issued on August 3, [FR Doc. 2013–04969 Filed 3–4–13; 8:45 am] guilty and entered judgment against him 2001, renewed at appropriate intervals, BILLING CODE 4163–18–P for the following offenses: One count of and will expire on August 3, 2013. conspiracy to falsely label and misbrand Purpose: The Advisory Board is food, in violation of 18 U.S.C. 371; one charged with (a) providing advice to the DEPARTMENT OF HEALTH AND count of false labeling of seafood under Secretary, HHS, on the development of HUMAN SERVICES the Lacey Act, in violation of 16 U.S.C. guidelines under Executive Order Food and Drug Administration 3372(d)(2); and one count of 13179; (b) providing advice to the misbranding food in violation of 21 Secretary, HHS, on the scientific [Docket No. FDA–2012–N–0777] U.S.C. 331(a). validity and quality of dose FDA’s finding that debarment is reconstruction efforts performed for this Adrian Vela: Debarment Order appropriate is based on the felony program; and (c) upon request by the AGENCY: Food and Drug Administration, convictions referenced herein for Secretary, HHS, advise the Secretary on HHS. conduct relating to the importation into whether there is a class of employees at ACTION: Notice. the United States of any food. The any Department of Energy facility who factual basis for these convictions is as were exposed to radiation but for whom SUMMARY: The Food and Drug follows: As alleged in the criminal it is not feasible to estimate their Administration (FDA) is issuing an information filed against Mr. Vela, he radiation dose, and on whether there is order under the Federal Food, Drug, and was the operating manager and sole reasonable likelihood that such Cosmetic Act (the FD&C Act) debarring shareholder of Sea Food Center, a radiation doses may have endangered Adrian Vela for a period of 5 years from seafood wholesaler engaged in various the health of members of this class. The importing articles of food or offering aspects of purchasing, importing, Subcommittee for Dose Reconstruction such articles for importation into the processing, packing, selling, and Reviews was established to aid the United States. FDA bases this order on exporting seafood products. Advisory Board in carrying out its duty a finding that Mr. Vela was convicted of Beginning on or about June 30, 2008, to advise the Secretary, HHS, on dose three felony counts under Federal law and continuing through on or about reconstruction. for conduct relating to the importation June 29, 2009, he knowingly combined, Matters To Be Discussed: The agenda into the United States of an article of conspired, confederated, and agreed for the Subcommittee meeting includes: food. Mr. Vela was given notice of the with his co-conspirators to commit an dose reconstruction program quality proposed debarment and an opportunity offense against the laws of the United management and assurance activities, to request a hearing within the States related to the importation of food. including: Current findings from NIOSH timeframe prescribed by regulation. As The purpose of the conspiracy was for internal dose reconstruction blind of November 3, 2012 (30 days after Mr. Vela and his co-conspirators to reviews; discussion of dose receipt of the notice), Mr. Vela had not unlawfully enrich themselves by

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14305

introducing what the criminal for conduct relating to the importation Management between 9 a.m. and 4 p.m., information describes as a less into the United States of an article of Monday through Friday. marketable substituted seafood product food because he: Conspired to and Dated: February 8, 2013. into the U.S. seafood market. Those committed offenses related to the Melinda K. Plaisier, products—‘‘Shrimp, Product of importation of shrimp into the United Thailand,’’ ‘‘Shrimp, Product of Acting Associate Commissioner for States, falsely conveyed information Regulatory Affairs, Office of Regulatory Malaysia,’’ and ‘‘Shrimp, Product of about the shrimp’s country of origin; Affairs. Indonesia’’—were misbranded, introduced or delivered for introduction [FR Doc. 2013–05062 Filed 3–4–13; 8:45 am] marketed, and intended to be marketed misbranded food into interstate BILLING CODE 4160–01–P as ‘‘Shrimp, Product of Panama,’’ a commerce; and falsely labeled seafood seafood product that the criminal under the Lacey Act. The proposal was information describes as more readily also based on a determination, after DEPARTMENT OF HEALTH AND marketable. Mr. Vela instructed consideration of the factors set forth in HUMAN SERVICES employees at Sea Food Center’s Tampa section 306(c)(3) of the FD&C Act, that facility to divide the shrimp received Mr. Vela should be subject to a 5-year Food and Drug Administration from Thailand, Malaysia, and Indonesia period of debarment. The proposal also into smaller portions, and mark them as offered Mr. Vela an opportunity to [Docket No. FDA–2013–D–0147] ‘‘Shrimp, product of Panama,’’ on the request a hearing, providing him 30 Draft Guidance for Industry and Food individual packages, and then place days from the date of receipt of the letter and Drug Administration Staff; Types them in boxes, also marked as ‘‘Shrimp, in which to file the request, and advised of Communication During the Review product of Panama.’’ Employees under him that failure to request a hearing of Medical Device Submissions; the direction of Mr. Vela’s co- constituted a waiver of the opportunity Availability conspirator managed and directed the for a hearing and of any contentions labeling operations at Sea Food Center concerning this action. Mr. Vela failed AGENCY: Food and Drug Administration, by providing instructions and other to respond within the timeframe HHS. directives to Mr. Vela. The relabeled prescribed by regulation and has, ACTION: Notice. shrimp were then sold to a food therefore, waived his opportunity for a wholesaler based in Keene, NH, which hearing and waived any contentions SUMMARY: The Food and Drug in turn sold the shrimp to a supermarket concerning his debarment (21 CFR part Administration (FDA) is announcing the chain headquartered in Landover, MD. 12). availability of the draft guidance This conduct was in violation of 18 entitled ‘‘Types of Communication U.S.C. 371. II. Findings and Order During the Review of Medical Device On or about July 8, 2008, Mr. Vela Therefore, the Associate Submissions.’’ The purpose of this knowingly engaged in an offense that Commissioner for Regulatory Affairs, guidance is to update the Agency’s involved the sale and purchase of, the Office of Regulatory Affairs, under approach to Interactive Review to reflect offer of sale and purchase of, and the section 306(b)(1)(C) of the FD&C Act, FDA’s implementation of the Medical intent to sell and purchase shrimp, with and under authority delegated to the Device User Fee Act of 2007 (MDUFA a market value greater than $350.00. He Associate Commissioner (Staff Manual II) Commitment Letters and of knowingly made and caused to be made Guide 1410.21), finds that Mr. Adrian undertakings agreed in connection with individual labels, pre-printed bags, and Vela has been convicted of three felony the Medical Device User Fee other documents falsely identifying the counts under Federal law for conduct Amendments of 2012 (MDUFA III) and shrimp as being ‘‘Shrimp, Product of relating to the importation of an article to incorporate additional types of Panama,’’ when in fact the shrimp were of food into the United States and that communication, all of which increase ‘‘Shrimp, Product of Thailand,’’ he is subject to a 5-year period of the efficiency of the review process. ‘‘Shrimp, Product of Malaysia,’’ and debarment. This draft guidance is not final nor is it ‘‘Shrimp, Product of Indonesia.’’ This in effect at this time. conduct was in violation of 16 U.S.C. As a result of the foregoing finding, DATES: 3372(d)(2). Mr. Vela is debarred for a period of 5 Although you can comment on On or about July 8, 2008, Mr. Vela years from importing articles of food or any guidance at any time (see 21 CFR engaged in an offense that involved the offering such articles for import into the 10.115(g)(5)), to ensure that the Agency introduction or delivery for introduction United States, effective (see DATES). considers your comment on this draft into interstate commerce of a food that Under section 301(cc) of the FD&C Act guidance before it begins work on the was misbranded, with the intent to (21 U.S.C. 331(cc)), the importing or final version of the guidance, submit defraud or mislead, in that he created or offering for import into the United either electronic or written comments caused to be created individual labels, States of an article of food by, with the on the draft guidance by June 3, 2013. pre-printed bags, and other documents assistance of, or at the direction of Mr. ADDRESSES: Submit written requests for falsely identifying the shrimp. This Vela is a prohibited act. single copies of the draft guidance conduct was in violation of 21 U.S.C. Any application by Mr. Vela for document entitled ‘‘Types of 331(a). termination of debarment under section Communication During the Review of As a result of his conviction, on 306(d)(1) of the FD&C Act should be Medical Device Submissions’’ to the September 28, 2012, FDA sent Mr. Vela identified with Docket No. FDA–2012– Division of Small Manufacturers, a notice by certified mail proposing to N–0777 and sent to the Division of International, and Consumer Assistance, debar him for a period of 5 years from Dockets Management (see ADDRESSES). Center for Devices and Radiological importing articles of food or offering All such submissions are to be filed in Health, Food and Drug Administration, such articles for import into the United four copies. The public availability of 10903 New Hampshire Ave., Bldg. 66, States. The proposal was based on a information in these submissions is rm. 4613, Silver Spring, MD 20993– finding under section 306(b)(1)(C) of the governed by 21 CFR 10.20(j). 0002 or the Office of Communication, FD&C Act that Mr. Vela was convicted Publicly available submissions may Outreach and Development (HFM–40), of three felony counts under Federal law be seen in the Division of Dockets Center for Biologics Evaluation and

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14306 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Research (CBER), Food and Drug Missed MDUFA Decision Dockets Management (see ADDRESSES). It Administration, 1401 Rockville Pike, Communication. is only necessary to send one set of suite 200N, Rockville, MD 20852–1448. comments. Identify comments with the II. Significance of Guidance Send one self-addressed adhesive label docket number found in brackets in the to assist that office in processing your This draft guidance is being issued heading of this document. Received request, or fax your request to 301–847– consistent with FDA’s good guidance comments may be seen in the Division 8149. See the SUPPLEMENTARY practices regulation (21 CFR 10.115). of Dockets Management between 9 a.m. INFORMATION section for information on The draft guidance, when finalized, will and 4 p.m., Monday through Friday, and electronic access to the guidance. represent the Agency’s current thinking will be posted to the docket at http:// Submit electronic comments on the on communication during a medical www.regulations.gov. draft guidance to http:// device premarket submission review to Dated: February 27, 2013. provide further transparency into, and www.regulations.gov. Submit written Leslie Kux, to increase the efficiency of, the review comments to the Division of Dockets Assistant Commissioner for Policy. Management (HFA–305), Food and Drug process. It does not create or confer any [FR Doc. 2013–05015 Filed 3–4–13; 8:45 am] Administration, 5630 Fishers Lane, rm. rights for or on any person and does not 1061, Rockville, MD 20852. Identify operate to bind FDA or the public. An BILLING CODE 4160–01–P comments with the docket number alternative approach may be used if such approach satisfies the found in brackets in the heading of this DEPARTMENT OF HEALTH AND requirements of the applicable statute document. HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: and regulations. Samie Allen, Center for Devices and III. Electronic Access Food and Drug Administration Radiological Health, Food and Drug Persons interested in obtaining a copy [Docket No. FDA–2000–D–0598]; (Formerly Administration, 10903 New Hampshire of the draft guidance may do so by using Docket No. 00D–1631)] Ave., Bldg. 66, rm. 1533, Silver Spring, the Internet. A search capability for all MD 20993–0002, 301–796–6055, or CDRH guidance documents is available International Cooperation on Tami Belouin, Center for Biologics at http://www.fda.gov/MedicalDevices/ Harmonisation of Technical Evaluation and Research (HFM–17), DeviceRegulationandGuidance/ Requirements for Registration of Veterinary Medicinal Products; Draft Food and Drug Administration, 1401 GuidanceDocuments/default.htm. Revised Guidance for Industry on Rockville Pike, suite 200N, Rockville, Guidance documents are also available ‘‘Studies To Evaluate the Safety of MD 20852–1448, 301–827–6210. at either http://www.fda.gov/Biologics Residues of Veterinary Drugs in SUPPLEMENTARY INFORMATION: BloodVaccines/GuidanceCompliance Human Food: Genotoxicity Testing’’ RegulatoryInformation/Guidances/ I. Background (VICH GL23(R)); Availability default.htm or http:// In the letters dated September 27, www.regulations.gov. To receive ‘‘Types AGENCY: Food and Drug Administration, 2007, from the Secretary of Health and of Communication During the Review of HHS. Human Services to the Chairman of the Medical Device Submissions,’’ you may ACTION: Notice. Committee on Health, Education, Labor, either send an email request to and Pensions of the U.S. Senate and the [email protected] to receive an SUMMARY: The Food and Drug Chairman of the Committee on Energy electronic copy of the document or send Administration (FDA) is announcing the and Commerce of the U.S. House of a fax request to 301–847–8149 to receive availability of a draft revised guidance Representatives setting out the goals of a hard copy. Please use the document for industry (GFI #116) entitled ‘‘Studies section 201(c) of MDUFA II, Title II of number 1804 to identify the guidance to Evaluate the Safety of Residues of the Food and Drug Administration you are requesting. Veterinary Drugs in Human Food: Amendments of 2007 (FDAAA) (21 Genotoxicity Testing’’ (VICH GL23(R)). U.S.C. 379i note), FDA committed to IV. Paperwork Reduction Act of 1995 This draft revised guidance is a revision developing a guidance document that This guidance refers to previously of a final guidance on the same topic for describes an interactive review process approved collections of information which a notice of availability was between FDA and industry for specific found in FDA regulations. These published in the Federal Register of medical device premarket submissions. collections of information are subject to January 4, 2002, and has been Further, during discussions with review by the Office of Management and developed for veterinary use by the representatives of the medical device Budget (OMB) under the Paperwork International Cooperation on industry in the development of the Reduction Act of 1995 (44 U.S.C. 3501– Harmonisation of Technical Agency’s recommendations for MDUFA 3520). The collections of information in Requirements for Registration of III, Title II of the Food and Drug 21 CFR part 807, subpart E, have been Veterinary Medicinal Products (VICH). Administration Safety and Innovation approved under OMB control number In this draft revised VICH guidance the Act, Public Law 112–144 (July 9, 2012), 0910–0120; the collections of recommendation for a second test to 126 Stat. 1002 (21 U.S.C. 301 note), the information in 21 CFR part 814, subpart evaluate the potential of a chemical to Agency proposed process improvements B, have been approved under OMB produce chromosomal effects is being to provide further transparency into the control number 0910–0231; and the revised. The draft revised guidance review process, including new collections of information in 21 CFR indicates that the potential of a communication commitments. part 601 have been approved under chemical to produce chromosomal This guidance describes four types of OMB control number 0910–0338. effects can be evaluated using one of the communication that occur during the the following three tests: An in vitro review of a medical device premarket V. Comments chromosomal aberrations test using submission. The four types of Interested persons may submit either metaphase analysis, which detects both communication are: Acceptance Review electronic comments regarding this clastogenicity and aneugenicity; an in Communication, Substantive document to http://www.regulations.gov vitro mammalian cell micronucleus test, Interaction, Interactive Review, and or written comments to the Division of which detects the activity of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14307

clastogenicity and aneugenicity; or a requirements for drug development (67 FR 603). In this draft revised mouse lymphoma test, which, with among regulatory agencies in different guidance the recommendation for a modification, can detect both gene countries. second test to evaluate the potential of mutation and chromosomal damage. FDA has actively participated in the a chemical to produce chromosomal This draft revised VICH guidance International Conference on effects is being revised. The draft document is intended to facilitate the Harmonisation of Technical revised guidance indicates that the mutual acceptance of safety data Requirements for Approval of potential of a chemical to produce necessary for the establishment of Pharmaceuticals for Human Use (ICH) chromosomal effects can be evaluated acceptable daily intakes for veterinary for several years to develop harmonized using one of the the following three drug residues in human food by the technical requirements for the approval tests: (1) An in vitro chromosomal relevant regulatory authorities. of human pharmaceutical and biological aberrations test using metaphase DATES: Although you can comment on products among the European Union, analysis, which detects both any guidance at any time (see 21 CFR Japan, and the United States. The clastogenicity and aneugenicity; (2) an 10.115(g)(5)), to ensure that the Agency International Cooperation on in vitro mammalian cell micronucleus considers your comment on this draft Harmonisation of Technical test, which detects the activity of revised guidance before it begins work Requirements for Registration of clastogenicity and aneugenicity; or (3) a on the final version of the revised Veterinary Medicinal Products (VICH) is mouse lymphoma test, which, with guidance, submit either electronic or a parallel initiative for veterinary modification, can detect both gene written comments on the draft revised medicinal products. The VICH is mutation and chromosomal damage. guidance by May 6, 2013. concerned with developing harmonized This VICH draft revised guidance is ADDRESSES: Submit written requests for technical requirements for the approval intended to facilitate the mutual single copies of the draft revised of veterinary medicinal products in the acceptance of safety data necessary for guidance to the Communications Staff European Union, Japan, and the United the establishment of acceptable daily (HFV–12), Center for Veterinary States, and includes input from both intakes for veterinary drug residues in Medicine, Food and Drug regulatory and industry representatives. human food by the relevant regulatory Administration, 7519 Standish Pl., The VICH Steering Committee is authorities. The objective of this draft Rockville, MD 20855. Send one self- composed of member representatives revised guidance is to ensure from the European Commission; addressed adhesive label to assist that international harmonization of European Medicines Evaluation Agency; office in processing your request. See genotoxicity testing. European Federation of Animal Health; the SUPPLEMENTARY INFORMATION section The draft revised guidance is a Committee on Veterinary Medicinal for electronic access to the draft revised product of the Safety Expert Working Products; U.S. FDA; U.S. Department of guidance document. Group of the VICH. Comments about Submit electronic comments on the Agriculture; Animal Health Institute; this draft revised guidance document draft revised guidance to http:// Japanese Veterinary Pharmaceutical will be considered by FDA and the www.regulations.gov. Submit written Association; Japanese Association of VICH Safety Expert Working Group. Veterinary Biologics; and Japanese comments to the Division of Dockets Ministry of Agriculture, Forestry and III. Paperwork Reduction Act of 1995 Management (HFA–305), Food and Drug Fisheries. This draft revised guidance refers to Administration, 5630 Fishers Lane, rm. Four observers are eligible to previously approved collections of 1061, Rockville, MD 20852. participate in the VICH Steering information found in FDA regulations. FOR FURTHER INFORMATION CONTACT: Committee: One representative from the These collections of information are Tong Zhou, Center for Veterinary government of Australia/New Zealand, subject to review by the Office of Medicine, (HFV–153), Food and Drug one representative from the industry in Management and Budget (OMB) under Administration, 7500 Standish Pl., Australia/New Zealand, one the Paperwork Reduction Act of 1995 Rockville, MD 20855, 240–276–8120, representative from the government of (44 U.S.C. 3501–3520). The collections [email protected]. Canada, and one representative from the of information in this revised guidance SUPPLEMENTARY INFORMATION: industry of Canada. The VICH have been approved under OMB control Secretariat, which coordinates the I. Background number 0910–0032. preparation of documentation, is FDA is announcing the availability of provided by the International IV. Significance of Guidance a draft revised guidance for industry Federation for Animal Health (IFAH). This draft revised guidance, (GFI #116) entitled ‘‘Studies to Evaluate An IFAH representative also developed under the VICH process, has the Safety of Residues of Veterinary participates in the VICH Steering been revised to conform to FDA’s good Drugs in Human Food: Genotoxicity Committee meetings. guidance practices regulation (21 CFR Testing’’ (VICH GL23(R)). In recent 10.115). For example, the document has years, many important initiatives have II. Draft Revised Guidance on been designated ‘‘guidance’’ rather than been undertaken by regulatory Genotoxicity Testing ‘‘guideline.’’ In addition, guidance authorities and industry associations to In December 2012, the VICH Steering documents must not include mandatory promote the international Committee agreed that a draft revised language such as ‘‘must,’’ ‘‘shall,’’ harmonization of regulatory guidance document entitled ‘‘Studies to ‘‘require’’ or ‘‘requirement’’ unless FDA requirements. FDA has participated in Evaluate the Safety of Residues of is using these words to describe a efforts to enhance harmonization and Veterinary Drugs in Human Food: statutory or regulatory requirement. has expressed its commitment to seek Genotoxicity Testing’’ (VICH GL23(R)) This draft revised VICH guidance scientifically based harmonized should be made available for public when finalized, will represent the technical procedures for the comment. This draft revised VICH Agency’s current thinking on this topic. development of pharmaceutical guidance is a revision of a final It does not create or confer any rights for products. One of the goals of guidance on the same topic for which a or on any person and does not operate harmonization is to identify and then notice of availability was published in to bind FDA or the public. An reduce differences in technical the Federal Register of January 4, 2002 alternative approach may be used if

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14308 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

such approach satisfies the Requirements for Registration of technical requirements for the approval requirements of the applicable statutes Veterinary Medicinal Products (VICH). of human pharmaceutical and biological and regulations. This VICH guidance document is products among the European Union, intended to provide guidance for Japan, and the United States. The VICH V. Comments assessing the human food safety of is a parallel initiative for veterinary Interested persons may submit either residues from veterinary antimicrobial medicinal products. The VICH is electronic comments regarding this drugs with regard to effects on the concerned with developing harmonized document to http://www.regulations.gov human intestinal flora. technical requirements for the approval or written comments to the Division of DATES: Submit either electronic or of veterinary medicinal products in the Dockets Management (see ADDRESSES). It written comments on Agency guidances European Union, Japan, and the United is only necessary to send one set of at any time. States, and includes input from both comments. Identify comments with the ADDRESSES: Submit written requests for regulatory and industry representatives. docket number found in brackets in the single copies of the guidance to the The VICH Steering Committee is heading of this document. Received Communications Staff (HFV–12), Center composed of member representatives comments may be seen in the Division for Veterinary Medicine, Food and Drug from the European Commission, of Dockets Management between 9 a.m. Administration, 7519 Standish Pl., European Medicines Evaluation Agency, and 4 p.m., Monday through Friday, and Rockville, MD 20855. Send one self- European Federation of Animal Health, will be posted to the docket at http:// addressed adhesive label to assist that Committee on Veterinary Medicinal www.regulations.gov. office in processing your request. See Products, the U.S. FDA, the U.S. Department of Agriculture, the Animal VI. Electronic Access the SUPPLEMENTARY INFORMATION section for electronic access to the guidance Health Institute, the Japanese Veterinary Persons with access to the Internet Pharmaceutical Association, the may obtain the draft revised guidance at document. Submit electronic comments on the Japanese Association of Veterinary either http://www.fda.gov/ guidance to http://www.regulations.gov. Biologics, and the Japanese Ministry of AnimalVeterinary/ Submit written comments to the Agriculture, Forestry, and Fisheries. GuidanceComplianceEnforcement/ Division of Dockets Management (HFA– Four observers are eligible to GuidanceforIndustry/default.htm or 305), Food and Drug Administration, participate in the VICH Steering http://www.regulations.gov. Committee: One representative from the 5630 Fishers Lane, rm. 1061, Rockville, governments of Australia/New Zealand, Dated: February 27, 2013. MD 20852. one representative from industry in Leslie Kux, FOR FURTHER INFORMATION CONTACT: Assistant Commissioner for Policy. Australia/New Zealand, one Silvia A. Pineiro, Center for Veterinary representative from the government of [FR Doc. 2013–05014 Filed 3–4–13; 8:45 am] Medicine (HFV–157), Food and Drug Canada, and one representative from the BILLING CODE 4160–01–P Administration, 7500 Standish Pl., industry of Canada. The VICH Rockville, MD 20855, 240–276–8227, Secretariat, which coordinates the [email protected]. DEPARTMENT OF HEALTH AND preparation of documentation, is HUMAN SERVICES SUPPLEMENTARY INFORMATION: FDA is provided by the International announcing the availability of a revised Federation for Animal Health (IFAH). Food and Drug Administration guidance for industry (GFI #159) An IFAH representative also entitled ‘‘Studies to Evaluate the Safety participates in the VICH Steering [Docket No. FDA–2003–D–0433] of Residues of Veterinary Drugs in Committee meetings. Human Food: General Approach to International Cooperation on II. Revised Guidance on Establish a Microbiological Acceptable Harmonisation of Technical Microbiological ADI Daily Intake (ADI),’’ (VICH GL36(R)). Requirements for Registration of In the Federal Register of June 3, 2011 Veterinary Medicinal Products; I. Background (76 FR 32218), FDA published a notice Revised Guidance for Industry on In recent years, many important of availability for a draft revised ‘‘Studies To Evaluate the Safety of initiatives have been undertaken by guidance entitled ‘‘Studies to Evaluate Residues of Veterinary Drugs in regulatory authorities and industry the Safety of Residues of Veterinary Human Food: General Approach To associations to promote the Drugs in Human Food: General Establish a Microbiological Acceptable international harmonization of Approach to Establish a Microbiological Daily Intake (ADI)’’ (VICH GL36(R)); regulatory requirements. FDA has ADI’’ (VICH GL36(R)). Interested Availability participated in efforts to enhance persons were given until August 2, AGENCY: Food and Drug Administration, harmonization and has expressed its 2011, to comment on the draft revised HHS. commitment to seek scientifically- guidance. FDA received two comments ACTION: Notice. based, harmonized technical procedures on the draft, and those comments, as for the development of pharmaceutical well as those received by other VICH SUMMARY: The Food and Drug products. One of the goals of member regulatory agencies, were Administration (FDA) is announcing the harmonization is to identify, and then considered as the guidance was availability of a revised guidance for reduce, differences in technical finalized. No substantive changes were industry (GFI #159) entitled ‘‘Studies to requirements for drug development made in finalizing this guidance Evaluate the Safety of Residues of among regulatory agencies in different document. The revised guidance Veterinary Drugs in Human Food: countries. announced in this document finalizes General Approach to Establish a FDA has actively participated in the the draft revised guidance dated June 2, Microbiological Acceptable Daily Intake International Conference on 2011. The final revised guidance is a (ADI),’’ (VICH GL36(R)). This guidance Harmonisation of Technical product of the Microbiological ADI has been developed for veterinary use Requirements for Approval of Expert Working Group of the VICH. by the International Cooperation on Pharmaceuticals for Human Use for This document provides guidance for Harmonisation of Technical several years to develop harmonized assessing the human food safety of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14309

residues from veterinary antimicrobial VI. Electronic Access Written Submissions drugs with regard to effects on the Persons with access to the Internet Submit written submissions in the human intestinal flora. The objectives of may obtain the guidance at either http:// following way: this guidance are to: (1) Outline the www.fda.gov/AnimalVeterinary/ • Mail/Hand delivery/Courier (for steps in determining the need for GuidanceComplianceEnforcement/ paper, disk, or CD–ROM submissions): establishing a microbiological GuidanceforIndustry/default.htm or Division of Dockets Management (HFA– acceptable daily intake (ADI); (2) http://www.regulations.gov. 305), Food and Drug Administration, recommend test systems and methods Dated: February 27, 2013. 5630 Fishers Lane, Rm. 1061, Rockville, for determining no-observable adverse MD 20852. Leslie Kux, effect concentrations (NOAECs) and no- Instructions: All submissions received observable adverse effect levels Assistant Commissioner for Policy. must include the Agency name and (NOAELs) for the endpoints of health [FR Doc. 2013–05016 Filed 3–4–13; 8:45 am] Docket No. FDA–2012–N–1153 for this concern; and (3) recommend a BILLING CODE 4160–01–P notice. All comments and information procedure to derive a microbiological received may be posted without change ADI. It is recognized that different tests to http://www.regulations.gov, including DEPARTMENT OF HEALTH AND any personal information provided. For may be useful. The experience gained HUMAN SERVICES with the recommended tests may result additional information on submitting comments and information, see the in future modifications to this guidance Food and Drug Administration and its recommendations. ‘‘Comments’’ heading of the [Docket No. FDA–2012–N–1153] SUPPLEMENTARY INFORMATION section of III. Significance of Guidance this document. Implementation of the FDA Food Docket: For access to the docket to This guidance, developed under the Safety Modernization Act Provision read background documents or VICH process, has been revised to Requiring FDA To Establish Pilot comments and information received, go conform to FDA’s good guidance Projects and Submit a Report to to http://www.regulations.gov and insert practices regulation (21 CFR 10.115). Congress for the Improvement of the docket number(s), found in brackets For example, the document has been Tracking and Tracing of Food; Request in the heading of this document, into designated ‘‘guidance’’ rather than for Comments and for Information the ‘‘Search’’ box and follow the ‘‘guideline.’’ In addition, guidance AGENCY: Food and Drug Administration, prompts and/or go to the Division of documents must not include mandatory HHS. Dockets Management (HFA–305), Food language such as ‘‘shall,’’ ‘‘must,’’ and Drug Administration, 5630 Fishers ACTION: Notice; request for comments ‘‘require,’’ or ‘‘requirement,’’ unless Lane, Rm. 1061, Rockville, MD 20852. and information. FDA is using these words to describe a FOR FURTHER INFORMATION CONTACT: statutory or regulatory requirement. SUMMARY: In September 2011, the Food Sherri A. McGarry, Office of Foods, This guidance represents the Agency’s and Drug Administration (FDA or the Food and Drug Administration, 10903 current thinking on this topic. It does Agency) asked the Institute of Food New Hampshire Ave., Bldg. 1, Rm. not create or confer any rights for or on Technologists (IFT) to execute product 1212, Silver Spring, MD 20903, 301– any person and does not operate to bind tracing pilot projects as described in the 796–3851. FDA or the public. An alternative FDA Food Safety Modernization Act SUPPLEMENTARY INFORMATION: (FSMA). FDA recently released a report approach may be used if such approach I. Background satisfies the requirements of the from IFT on these pilot projects, entitled applicable statutes and regulations. ‘‘Pilot Projects for Improving Product A. FSMA Provisions Regarding Tracing along the Food Supply System.’’ Enhanced Tracking and Tracing of Food IV. Paperwork Reduction Act of 1995 FDA is announcing the opening of a and Recordkeeping docket to provide stakeholders and This guidance refers to previously On January 4, 2011, the President other interested parties an opportunity signed FSMA (Pub. L. 111–353) into approved collections of information to submit comments and information found in FDA regulations. These law. Section 204 of FSMA, 21 U.S.C. that will help the Agency as it forms its 2223, relates to enhanced tracking and collections of information are subject to own recommendations, to be contained review by the Office of Management and tracing of food and recordkeeping. As in the Agency’s report to Congress, and part of this provision, FDA must, among Budget (OMB) under the Paperwork as it implements the FSMA provisions Reduction Act of 1995 (44 U.S.C. 3501– other things, complete the following: relating to the tracking and tracing of 1. Establish pilot projects in 3520). The collections of information in food. this guidance have been approved under coordination with the food industry to DATES: OMB control number 0910–0032. Submit electronic or written explore and evaluate methods for rapid comments and information by April 4, and effective tracking and tracing of V. Comments 2013. foods. FDA is required to submit a ADDRESSES: You may submit comments report to Congress on the findings of the Interested persons may submit to the and information, identified by Docket pilot projects together with FDA’s Division of Dockets Management (see No.FDA–2012–N–2012–N–1153, by any recommendations for improving ADDRESSES) either electronic or written of the following methods: tracking and tracing of food; comments regarding this document. It is 2. Assess the costs and benefits only necessary to send one set of Electronic Submissions associated with the adoption and use of comments. Identify comments with the Submit electronic comments and several product tracing technologies and docket number found in brackets in the information in the following way: the feasibility of such technologies for heading of this document. Received • Federal eRulemaking Portal: http:// different sectors of the food industry comments may be seen in the Division www.regulations.gov. Follow the (including small businesses); of Dockets Management between 9 a.m. instructions for submitting comments 3. To the extent practicable in and 4 p.m., Monday through Friday. and information. assessing the costs, benefits, and

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14310 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

feasibility of several product tracing foods along the supply chain from high-risk foods. Should FDA pursue technologies, evaluate domestic and source to points of service; implementation of some or all of the international product tracing practices; 6. Demonstrate the tracking and report’s recommendations with respect consider international efforts and tracing of: (a) A selected processed food to all foods, not just high-risk foods? If compatibility with global tracing and its key ingredients (minimum of so, what routes might the Agency use? systems, as appropriate; and consult two ingredients) and (b) a selected fruit 3. The report recommends that each with a diverse and broad range of and/or vegetable along the supply chain; member of the food supply chain should experts and stakeholders; 7. Assess the costs and benefits of the be required to develop, document, and 4. Establish within FDA, as methods for rapid and effective tracking exercise a product tracing plan. FDA is appropriate, a product tracing system to and tracing of the selected foods and aware that industry often conducts and receive information that improves the key ingredients; and documents recall exercises, which are capacity of the Secretary to effectively 8. Determine the feasibility of product essentially traceforward exercises. Is it and rapidly track and trace food; tracing technologies for different sectors feasible to add a traceback to existing 5. Publish a notice of proposed of the food industry, including small procedures and exercises? Should FDA rulemaking to establish additional businesses. include this IFT recommendation as one recordkeeping requirements for high FDA released the report containing of its recommendations in the Agency’s risk foods; the findings of the pilot projects, report to Congress? Please explain why 6. Designate high-risk foods for which entitled ‘‘Pilot Projects for Improving the FDA should or should not include. the additional recordkeeping Product Tracing along the Food Supply 4. What additional information and requirements are appropriate and System’’ in March 2013. The report is data sources could be used to determine necessary to protect the public health. available on FDA’s Product Tracing Web cost and benefits associated with The list of high-risk foods is to be page at http://www.fda.gov/Food/ implementing IFT’s recommendations published on FDA’s Internet Web site FoodSafety/FSMA/ucm270851.htm. for KDEs and CTEs? when the Agency issues the final rule This extensive report is being reviewed 5. How might FDA more clearly and establishing additional recordkeeping by FDA. After careful review of this consistently articulate the information it requirements for high-risk foods; and report and information previously needs to conduct product tracing 7. Issue a small entity compliance gathered, FDA will submit its report to investigations? Would posting guide within 6 months after the final Congress containing FDA information on FDA’s Web site on how rule is issued. recommendations for improving FDA typically conducts a traceback or product tracing. This docket is being traceforward be helpful? B. FSMA Provisions Directing FDA To opened in order to request comments on 6. The report recommends that FDA Establish Pilot Projects To Explore and the pilot project report’s findings and develop standardized electronic Evaluate Methods for Rapid and recommendations to help inform FDA mechanisms for the reporting and Effective Tracking and Tracing of Foods in preparing its recommendations in the acquiring of CTEs and KDEs during Under section 204(a) of FSMA, in Agency’s report to Congress. product tracing investigations. How September 2011, FDA established pilot C. Request for Comments and would this work for your industry projects in coordination with the food Information segment? How might it be achieved industry to explore and evaluate most expeditiously? methods for rapid and effective tracking In addition to providing the findings 7. Is there anything else FDA should and tracing of foods. These product of the pilot projects, the report contains consider in preparing its tracing pilots were executed through an IFT’s recommendations for FDA on recommendations for improving existing contract with the IFT. IFT was improving tracking and tracing of food. product tracing in the Agency’s report to required to: FDA released this report to make it Congress? 1. Conduct two food product tracing available for stakeholders and to solicit pilot projects—one in coordination with input that may be helpful as FDA forms II. Comments the processed food sector and one in its own recommendations, to be Interested persons may submit either coordination with the produce sectors— contained in the Agency’s report to electronic comments regarding this working in consultation with the U.S. Congress, and as FDA implements other document to http://www.regulations.gov Department of Agriculture, State public FSMA requirements related to product or written comments to the Division of health agencies, and nongovernmental tracing. FDA invites comment on the Dockets Management (see ADDRESSES). It organizations that represent the interests findings and recommendations is only necessary to send one set of of consumers; contained in the IFT report and the comments. Identify comments with the 2. Conduct the pilot projects to reflect submission of information relevant to docket number found in brackets in the the diversity of the food supply and improving product tracing. In addition, heading of this document. Received consider/address confounding factors, FDA would like specific comment on comments may be seen in the Division such as commingling and the following: of Dockets Management between 9 a.m. transshipment; 1. The report contains specific and 4 p.m., Monday through Friday, and 3. Include different types of FDA- recommendations regarding key data will be posted to the docket at http:// regulated foods that were the subject of elements (KDEs) and critical tracking www.regulations.gov. significant outbreaks between 2005 and events (CTEs). How might this work for III. References 2010; your industry segment? What would 4. Use the selected foods to develop you keep the same or change in Table The following reference has been and demonstrate methods for rapid and 2 in the Executive Brief of the report? placed on display in the Division of effective tracking and tracing of foods Please include an explanation of why Dockets Management (see ADDRESSES) that are practical for facilities of varying you would keep the same or change. and may be seen by interested persons sizes, including small businesses; 2. The report recommends that all between 9 a.m. and 4 p.m., Monday 5. Use the selected foods to foods be covered, not just high-risk through Friday, and is available demonstrate appropriate technologies foods. The rulemaking requirement in electronically at http:// that enhance the tracking and tracing of section 204(d) of FSMA only refers to www.regulations.gov.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14311

1. McEntire, Jennifer and Bhatt, Tejas, ‘‘Pilot professional affiliation of the person Chapter RJ—Office of Federal Projects for Improving Product Tracing desiring to make an oral presentation. Assistance Management Along the Food Supply System—Final Groups having similar interests are Report,’’ Institute of Food Technologists, Section RJ–20, Functions August 2012. requested to combine their comments and present them through a single (1) Delete the functional statement for Dated: February 27, 2013. representative. The allocation of time the Office of the Associate Leslie Kux, may be adjusted to accommodate the Administrator (RJ) and the functional statement for the Division of Grants Assistant Commissioner for Policy. level of expressed interest. DVIC will Management Operations (RJ3), and [FR Doc. 2013–04997 Filed 3–4–13; 8:45 am] notify each presenter by email, mail or replace in their entirety. BILLING CODE 4160–01–P telephone of their assigned presentation time. Persons who do not file an Office of Federal Assistance advance request for a presentation, but Management (RJ) DEPARTMENT OF HEALTH AND desire to make an oral statement, may Provides national leadership in the HUMAN SERVICES announce it at the time of the public administration and assurance of the Health Resources and Services comment period. Public participation financial integrity of HRSA’s programs Administration and ability to comment will be limited and provides oversight over all HRSA to space and time as it permits. activities to ensure that HRSA’s Advisory Commission on Childhood For Further Information Contact: resources are being properly used and Vaccines; Notice of Meeting Anyone requiring information regarding protected. Provides leadership, the ACCV should contact Annie Herzog, direction, and coordination to all phases In accordance with section 10(a)(2) of DVIC, HSB, HRSA, Room 11C–26, 5600 of grants policy, administration, and the Federal Advisory Committee Act Fishers Lane, Rockville, MD 20857; independent review of competitive (Pub. L. 92–463), notice is hereby given grant applications. Specifically: (1) of the following meeting: telephone (301) 443–6593 or email: [email protected]. Serves as the Administrator’s principal Name: Advisory Commission on source for grants policy and financial Childhood Vaccines (ACCV). Dated: February 26, 2013. integrity of HRSA programs; (2) Date and Time: March 07, 2013, 10:00 Bahar Niakan, exercises oversight over the Agency’s a.m. to 4:00 p.m. EDT. Director, Division of Policy and Information business processes related to assistance Place: Audio Conference Call. Coordination. programs; (3) facilitates, plans, directs, The ACCV will meet on Thursday, [FR Doc. 2013–04953 Filed 3–4–13; 8:45 am] and coordinates the administration of March 7, from 10:00 a.m. to 4:00 p.m. BILLING CODE 4165–15–P HRSA grant policies and operations; (4) (EDT). The public can join the meeting directs and carries out the independent via audio conference call by dialing 1– review of grant applications for all of 800–369–3104 on March 7 and DEPARTMENT OF HEALTH AND HRSA’s programs; (5) exercises the sole providing the following information: HUMAN SERVICES responsibility within HRSA for all Leader’s Name: Dr. Vito Caserta. aspects of grant and cooperative Password: ACCV. Health Resources and Services agreement receipt, award, and post- Agenda: The agenda items for the Administration award processes: and (6) provides March meeting will include, but are not oversight of the management and limited to: Updates from the Division of Statement of Organization, Functions maintenance of, and enhancements to, Vaccine Injury Compensation (DVIC), and Delegations of Authority the electronic grant management system Department of Justice (DOJ), National that enables staff to perform their day- Vaccine Program Office (NVPO), This notice amends Part R of the to-day work. Immunization Safety Office (Centers for Statement of Organization, Functions Disease Control and Prevention), Division of Grants Management and Delegations of Authority of the Operations (RJ3) National Institute of Allergy and Department of Health and Human Infectious Diseases (National Institutes Services (HHS), Health Resources and (1) Plans, directs and carries out the of Health) and Center for Biologics, Services Administration (HRSA) (60 FR grants officer functions for all of HRSA’s Evaluation and Research (Food and 56605, as amended November 6, 1995; grant programs as well as awarding Drug Administration). A draft agenda as last amended at 78 FR 956–957, dated official functions for various and additional meeting materials will be January 7, 2013). scholarship, loan, and loan repayment posted on the ACCV Web site (http:// assistance programs; (2) participates in www.hrsa.gov/vaccinecompensation/ This notice reflects organizational the planning, development, and accv.htm) prior to the meeting. Agenda changes to the Health Resources and implementation of policies and items are subject to change as priorities Services Administration. This notice procedures for grants and cooperative dictate. updates the functional statement for the agreements; (3) provides assistance and Public Comment: Persons interested Office of Federal Assistance technical consultation to program in providing an oral presentation should Management (RJ). Specifically, this offices and grantees in the application of submit a written request, along with a notice: (1) Moves the grant officer and laws, regulations, policies, and copy of their presentation to: Annie loan officer function from the Office of guidelines relative to the Agency’s grant Herzog, DVIC, Healthcare Systems the Associate Administrator (RJ) to the and cooperative agreement programs; (4) Bureau (HSB), Health Resources and Division of Grants Management develops standard operating procedures, Services Administration (HRSA), Room Operations (RJ3); and (2) moves the methods, and materials for the 11C–26, 5600 Fishers Lane, Rockville, electronic grant management system administration of the Agency’s grants MD 20857 or email: [email protected]. function from the Division of Grants programs; (5) establishes standards and Requests should contain the name, Management Operations (RJ3) to the guides for grants management address, telephone number, email Office of the Associate Administrator operations; (6) reviews grantee financial address, and any business or (RJ). status reports and prepares reports and

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14312 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

analyses on the grantee’s use of funds; Place: Radisson Hotel Research Triangle consideration of personnel (7) provides technical assistance to Park, 150 Park Drive, Research Triangle Park, qualifications and performance, and the applicants and grantees on financial and NC 27709. competence of individual investigators, administrative aspects of grant projects; Contact Person: Leroy Worth, Ph.D., Scientific Review Administrator, Scientific the disclosure of which would (8) provides data and analyses as Review Branch, Division of Extramural constitute a clearly unwarranted necessary for budget planning, hearings, Research and Training, Nat. Institute of invasion of personal privacy. operational planning, and management Environmental Health Sciences, P.O. Box Name of Committee: Division of Intramural decisions; (9) participates in the 12233, MD EC–30/Room 3171, Research Research Board of Scientific Counselors, development of program guidance and Triangle Park, NC 27709, 919/541–0670, NIAID. instructions for grant competitions; (10) [email protected]. Date: June 10–12, 2013. oversees contracts in support of receipt Name of Committee: National Institute of Time: June 10, 2013, 7:45 a.m. to 7:30 p.m. of applications, records management, Environmental Health Sciences Special Agenda: To review and evaluate personal and grant closeout operations; and (11) Emphasis Panel; Transgenerational Effects qualifications and performance, and supports post-award monitoring and from Environmental Exposures. competence of individual investigators. Date: March 28, 2013. Place: National Institutes of Health, closeout by analyzing Payment Time: 8:00 a.m. to 5:30 p.m. Management System data and working Building 50, Conference Room 1227/1233, 50 Agenda: To review and evaluate grant Center Drive, Bethesda, MD 20892. with grant and program office staff. applications. Time: June 11, 2013, 7:00 a.m. to 7:15 p.m. Section RJ–30, Delegations of Authority Place: Hilton Raleigh-Durham Airport RTP, Agenda: To review and evaluate personal 4810 Page Creek Lane, Durham, NC 27703. qualifications and performance, and All delegations of authority and re- Contact Person: Sally Eckert-Tilotta, Ph.D., competence of individual investigators. delegations of authority made to HRSA Scientific Review Administrator, Nat. Place: National Institutes of Health, officials that were in effect immediately Institute of Environmental Health Sciences, Building 50, Conference Room 1227/1233, 50 prior to this reorganization, and that are Office of Program Operations, Scientific Center Drive, Bethesda, MD 20892. consistent with this reorganization, Review Branch, P.O. Box 12233, Research Time: June 12, 2013, 7:00 a.m. to 10:30 shall continue in effect pending further Triangle Park, NC 27709, (919) 541–1446, a.m. [email protected]. re-delegation. Agenda: To review and evaluate personal This reorganization is effective upon (Catalogue of Federal Domestic Assistance qualifications and performance, and Program Nos. 93.115, Biometry and Risk date of signature. competence of individual investigators. Estimation—Health Risks from Place: National Institutes of Health, Dated: February 14, 2013. Environmental Exposures; 93.142, NIEHS Building 50, Conference Room 1227/1233, 50 Mary K. Wakefield, Hazardous Waste Worker Health and Safety Center Drive, Bethesda, MD 20892. Administrator. Training; 93.143, NIEHS Superfund Contact Person: Kathryn C. Zoon, Ph.D., Hazardous Substances—Basic Research and Director, Division of Intramural Research, [FR Doc. 2013–05064 Filed 3–4–13; 8:45 am] Education; 93.894, Resources and Manpower National Institute of Allergy and Infectious BILLING CODE 4165–15–P Development in the Environmental Health Diseases, NIH Building 31, Room 4A30, Sciences; 93.113, Biological Response to Bethesda, MD 20892, 301–496–3006, Environmental Health Hazards; 93.114, [email protected]. DEPARTMENT OF HEALTH AND Applied Toxicological Research and Testing, In the interest of security, NIH has HUMAN SERVICES National Institutes of Health, HHS) instituted stringent procedures for entrance Dated: February 26, 2013. onto the NIH campus. All visitor vehicles, National Institutes of Health Carolyn Baum, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on National Institute of Environmental Program Analyst, Office of Federal Advisory Committee Policy. campus. Visitors will be asked to show one Health Sciences; Notice of Closed form of identification (for example, a Meetings [FR Doc. 2013–04957 Filed 3–4–13; 8:45 am] government-issued photo ID, driver’s license, BILLING CODE 4140–01–P Pursuant to section 10(d) of the or passport) and to state the purpose of their visit. Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.855, Allergy, Immunology, hereby given of the following meetings. HUMAN SERVICES and Transplantation Research; 93.856, The meetings will be closed to the Microbiology and Infectious Diseases public in accordance with the National Institutes of Health Research, National Institutes of Health, HHS) provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Allergy and Dated: February 27, 2013. as amended. The grant applications and Infectious Diseases; Notice of Closed David Clary, the discussions could disclose Meeting Program Analyst, Office of Federal Advisory confidential trade secrets or commercial Pursuant to section 10(d) of the Committee Policy. property such as patentable material, Federal Advisory Committee Act, as [FR Doc. 2013–04956 Filed 3–4–13; 8:45 am] and personal information concerning amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P individuals associated with the grant hereby given of a meeting of the applications, the disclosure of which Division of Intramural Research Board would constitute a clearly unwarranted of Scientific Counselors, NIAID. DEPARTMENT OF HEALTH AND invasion of personal privacy. The meeting will be closed to the HUMAN SERVICES Name of Committee: National Institute of public as indicated below in accordance National Institutes of Health Environmental Health Sciences Special with the provisions set forth in section Emphasis Panel; Understanding 552b(c)(6), Title 5 U.S.C., as amended National Institute of Diabetes and Environmental Control of Epigenetic/ for the review, discussion, and Mechanisms. Digestive and Kidney Diseases; Notice Date: March 27, 2013. evaluation of individual intramural of Closed Meeting Time: 8:00 a.m. to 5:00 p.m. programs and projects conducted by the Agenda: To review and evaluate grant National Institute of Allergy and Pursuant to section 10(d) of the applications. Infectious Diseases, including Federal Advisory Committee Act, as

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14313

amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 2182, hereby given of the following meeting. invasion of personal privacy. MSC 7818, Bethesda, MD 20892, 301–435– 1783, [email protected]. The meeting will be closed to the Name of Committee: National Institute of public in accordance with the Allergy and Infectious Diseases Special Name of Committee: Center for Scientific provisions set forth in sections Emphasis Panel; Understanding the Review Special Emphasis Panel; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Functions of Uncharacterized Genes in Bioengineering Sciences and Technologies: as amended. The grant applications and Infectious Disease Pathogens (U19). AREA Review. the discussions could disclose Date: April 2–4, 2013. Date: March 27–28, 2013. Time: 8:00 a.m. to 5:00 p.m. Time: 8:00 a.m. to 6:00 p.m. confidential trade secrets or commercial Agenda: To review and evaluate grant Agenda: To review and evaluate grant property such as patentable material, applications. and personal information concerning Place: Hyatt Regency Bethesda, One applications. individuals associated with the grant Bethesda Metro Center, 7400 Wisconsin Place: National Institutes of Health, 6701 applications, the disclosure of which Avenue, Bethesda, MD 20814. Rockledge Drive, Bethesda, MD 20892, would constitute a clearly unwarranted Contact Person: Frank S. De Silva, Ph.D., (Virtual Meeting). invasion of personal privacy. Scientific Review Officer, Scientific Review Contact Person: Ping Fan, MD, Ph.D., Program, Division of Extramural Activities, Scientific Review Officer, Center for Name of Committee: National Institute of National Institutes of Health/NIAID, 6700B Scientific Review, National Institutes of Diabetes and Digestive and Kidney Diseases Rockledge Drive, MSC 7616, Bethesda, MD Health, 6701 Rockledge Drive, Room 5154, Special Emphasis Panel; George M. O’Brien 20892–7616, 301–594–1009, MSC 7840, Bethesda, MD 20892, 301–408– Kidney Research Core Centers (P30). [email protected]. 9971, [email protected]. Date: April 1–2, 2013. (Catalogue of Federal Domestic Assistance Time: 8:00 a.m. to 5:00 p.m. Program Nos. 93.855, Allergy, Immunology, Name of Committee: Center for Scientific Agenda: To review and evaluate grant and Transplantation Research; 93.856, Review Special Emphasis Panel; Member applications. Microbiology and Infectious Diseases Conflict: Risk, Prevention, and Health Place: Hyatt Regency Bethesda, 7400 Research, National Institutes of Health, HHS) Behavior. Wisconsin Ave, Bethesda, MD 20814. Date: March 27–28, 2013. Contact Person: Paul A. Rushing, Ph.D., Dated: February 27, 2013. Time: 9:30 a.m. to 5:00 p.m. Scientific Review Officer, Review Branch, David Clary, Agenda: To review and evaluate grant DEA, Niddk, National Institutes of Health, Program Analyst, Office of Federal Advisory applications. Room 747, 6707 Democracy Boulevard, Committee Policy. Place: National Institutes of Health, 6701 Bethesda, MD 20892–5452, (301) 594–8895, [FR Doc. 2013–04962 Filed 3–4–13; 8:45 am] [email protected]. Rockledge Drive, Bethesda, MD 20892, BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance (Virtual Meeting). Program Nos. 93.847, Diabetes, Contact Person: Kristen Prentice, Ph.D., Scientific Review Officer, Center for Endocrinology and Metabolic Research; DEPARTMENT OF HEALTH AND 93.848, Digestive Diseases and Nutrition Scientific Review, National Institutes of HUMAN SERVICES Research; 93.849, Kidney Diseases, Urology Health, 6701 Rockledge Drive, Room 3112, and Hematology Research, National Institutes National Institutes of Health MSC 7808, Bethesda, MD 20892, 301–496– of Health, HHS) 0726, [email protected]. Dated: February 26, 2013. Center for Scientific Review; Notice of Name of Committee: Center for Scientific David Clary, Closed Meetings Review Special Emphasis Panel; Resource Center: Proteomics. Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Date: March 27–29, 2013. Federal Advisory Committee Act, as Time: 7:00 p.m. to 1:00 p.m. [FR Doc. 2013–04958 Filed 3–4–13; 8:45 am] amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P Agenda: To review and evaluate grant hereby given of the following meetings. applications. The meetings will be closed to the Place: Embassy Suites Hotel, 4300 Military public in accordance with the DEPARTMENT OF HEALTH AND Road, Washington, DC 20015. provisions set forth in sections HUMAN SERVICES Contact Person: Allen Richon, Ph.D., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for National Institutes of Health as amended. The grant applications and Scientific Review, National Institutes of the discussions could disclose Health, 6701 Rockledge Drive, Room 6184, National Institute of Allergy and confidential trade secrets or commercial MSC 7892, Bethesda, MD 20892, 301–435– Infectious Diseases; Notice of Closed property such as patentable material, 1024, [email protected]. and personal information concerning Meeting (Catalogue of Federal Domestic Assistance individuals associated with the grant Pursuant to section 10(d) of the Program Nos. 93.306, Comparative Medicine; applications, the disclosure of which 93.333, Clinical Research, 93.306, 93.333, Federal Advisory Committee Act, as would constitute a clearly unwarranted 93.337, 93.393–93.396, 93.837–93.844, amended (5 U.S.C. App.), notice is invasion of personal privacy. 93.846–93.878, 93.892, 93.893, National hereby given of the following meeting. Name of Committee: Center for Scientific Institutes of Health, HHS) The meeting will be closed to the Review Special Emphasis Panel; Small public in accordance with the Business: Digestive Sciences. Dated: February 27, 2013. provisions set forth in sections Date: March 27–28, 2013. David Clary, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:00 a.m. to 6:00 p.m. Program Analyst, Office of Federal Advisory as amended. The grant applications and Agenda: To review and evaluate grant Committee Policy. the discussions could disclose applications. confidential trade secrets or commercial Place: National Institutes of Health, 6701 [FR Doc. 2013–04960 Filed 3–4–13; 8:45 am] Rockledge Drive, Bethesda, MD 20892, BILLING CODE 4140–01–P property such as patentable material, (Virtual Meeting). and personal information concerning Contact Person: Bonnie L, Burgess-Beusse, individuals associated with the grant Ph.D., Scientific Review Officer, Center for applications, the disclosure of which Scientific Review, National Institutes of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14314 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND ACTION: Notice of Federal Advisory HUMAN SERVICES HUMAN SERVICES Committee Meetings. National Institutes of Health National Institutes of Health SUMMARY: The Towing Safety Advisory Committee will meet in New York City, National Institute of Allergy and National Institute of Mental Health; New York, March 21 and 22, 2013, to Infectious Diseases; Notice of Closed Notice of Closed Meeting review and discuss recommendations Meetings from its subcommittees, and to receive Pursuant to section 10(d) of the tasking and briefs listed in the agenda Pursuant to section 10(d) of the Federal Advisory Committee Act, as SUPPLEMENTARY INFORMATION Federal Advisory Committee Act, as in the amended (5 U.S.C. App.), notice is section below. The subcommittees will amended (5 U.S.C. App.), notice is hereby given of the following meeting. hereby given of the following meetings. meet March 20, 2012, and work on The meeting will be closed to the seven assigned tasks listed in the The meetings will be closed to the public in accordance with the public in accordance with the referenced agenda. All meetings will be provisions set forth in sections open to the public. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and DATES: Subcommittees will meet on as amended. The grant applications and the discussions could disclose Wednesday, March 20, 2013 from 8:30 the discussions could disclose confidential trade secrets or commercial a.m. to 5:30 p.m. The full Committee confidential trade secrets or commercial property such as patentable material, will meet on Thursday, March 21, 2013, property such as patentable material, and personal information concerning from 8 a.m. to 5 p.m. and again on and personal information concerning individuals associated with the grant Friday, March 22, 2013, from 8 a.m. to individuals associated with the grant applications, the disclosure of which 12 noon. These meetings may close applications, the disclosure of which would constitute a clearly unwarranted early if all business is completed. would constitute a clearly unwarranted invasion of personal privacy. Written statements and requests to make invasion of personal privacy. oral presentations at the meetings Name of Committee: National Institute of should reach the Coast Guard on or Name of Committee: National Institute of Mental Health Special Emphasis Panel; before March 14, 2013. Allergy and Infectious Diseases Special Genomic Risk and Resilience in 22q11 Emphasis Panel; R13 Conference Review. Deletion Syndrome. ADDRESSES: The meetings will be held at Date: March 26–28, 2013. Date: March 19, 2013. the Alexander Hamilton U.S. Customs Time: 8:00 a.m. to 8:00 p.m. Time: 1:00 p.m. to 3:00 p.m. House, One Bowling Green, New York, Agenda: To review and evaluate grant Agenda: To review and evaluate grant NY 10004. Information on and applications. applications. directions to the Custom House may be Place: National Institutes of Health, 6700B Place: National Institutes of Health, Rockledge Drive, Bethesda, MD 20817, found at its Web site at www.gsa.gov/ Neuroscience Center, 6001 Executive portal/content/102466. If you are (Virtual Meeting). Boulevard, Rockville, MD 20852, (Telephone Contact Person: Ellen S. Buczko, Ph.D., Conference Call). planning to attend the meeting, you will Scientific Review Officer, Scientific Review Contact Person: Vinod Charles, Ph.D., be required to pass through a security Program, Division of Extramural Activities, Scientific Review Officer, Division of checkpoint and show your state-issued National Institutes of Health/NIAID, 6700B Extramural Activities, National Institute of photo identification. Please arrive at Rockledge Drive, Room 3145 MSC 7616, Mental Health, NIH, Neuroscience Center, Bethesda, MD 20892–7616, 301–451–2676, least 30 minutes before the planned start 6001 Executive Blvd., Room 6151, MSC 9606, [email protected]. of the meeting in order to pass through Bethesda, MD 20892–9606, 301–443–1606, security. Name of Committee: National Institute of [email protected]. Allergy and Infectious Diseases Special For information on facilities or Emphasis Panel; NIAID Investigator Initiated (Catalogue of Federal Domestic Assistance services for individuals with disabilities Program Project Application (P01). Program Nos. 93.242, Mental Health Research or to request special assistance at the Date: April 5, 2013. Grants; 93.281, Scientist Development meeting, contact the individuals listed Time: 11:30 a.m. to 3:30 p.m. Award, Scientist Development Award for Clinicians, and Research Scientist Award; in the FOR FURTHER INFORMATION Agenda: To review and evaluate grant CONTACT section as soon as possible. applications. 93.282, Mental Health National Research Place: National Institutes of Health, 6700B Service Awards for Research Training, To facilitate public participation, we Rockledge Drive, Bethesda, MD 20817, National Institutes of Health, HHS) are inviting public comment on the (Telephone Conference Call). Dated: February 27, 2013. issues to be considered by the Contact Person: Ellen S. Buczko, Ph.D., Carolyn A. Baum, committee as listed in the ‘‘Agenda’’ Scientific Review Officer, Scientific Review section below. Written comments must Program, Division of Extramural Activities, Program Analyst, Office of Federal Advisory Committee Policy. be identified by the Docket Number National Institutes of Health/NIAID, 6700B USCG–2013–0090 and submitted via Rockledge Drive, Room 3145 MSC 7616, [FR Doc. 2013–04961 Filed 3–4–13; 8:45 am] one of the following methods: Bethesda, MD 20892–7616, 301–451–2676, BILLING CODE 4140–01–P • [email protected]. Federal Rulemaking Portal: http:// www.regulations.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, Follow the instructions for submitting and Transplantation Research; 93.856, DEPARTMENT OF HOMELAND comments. Microbiology and Infectious Diseases SECURITY • Mail: Docket Management Facility Research, National Institutes of Health, HHS) (M–30), U.S. Department of Coast Guard Transportation, West Building Ground Dated: February 26, 2013. Floor, Room W12–140, 1200 New Jersey David Clary, [Docket No. USCG–2013–0090] Avenue SE., Washington, DC 20590– Program Analyst, Office of Federal Advisory Towing Safety Advisory Committee; 0001. We encourage use of electronic Committee Policy. Meetings submissions because security screening [FR Doc. 2013–04959 Filed 3–4–13; 8:45 am] may delay the delivery of mail. BILLING CODE 4140–01–P AGENCY: Coast Guard, DHS. • Fax: 202–493–2251.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14315

• Hand Delivery: Same as mail (5) Task Statement 12–05, (2) The Coast Guard’s Towing Vessel address above, between 9 a.m. and 5 Recommendations to Enhance Fire National Center of Expertise; p.m., Monday through Friday, except Prevention and Containment aboard (3) The Coast Guard’s Investigations Federal holidays. The telephone number Towing Vessels. National Center of Expertise; is 202–366–9329. (6) Task Statement 13–01, (4) The National Maritime Center Instruction: All submissions received Recommendations to Automatic concerning Medical Screening for must include the words ‘‘Department of Identification System (AIS) Encoding for Licensure; and Homeland Security’’ and the docket Towing Vessels. (5) The Use of Liquefied Natural Gas number of this action. All comments (7) Task Statement 13–02, (LNG) as a Commercial Marine Fuel. submitted will be posted on Recommendations Regarding Manning www.regulations.gov without alteration of Inspected Towing Vessels. Procedural and will contain any personal On March 21, 2013 from 8 a.m. to 5:30 All meetings are open to the public. information you provided. You may p.m. and on March 22, 2013 from 8 a.m. Please note that the meetings may close review a Privacy Act notice regarding until 12 noon, TSAC will meet to early if all business is complete. An our public dockets in the January 17, receive oral and written reports from its opportunity for oral comments by the 2008, issue of the Federal Register (73 subcommittees on the following issues: public will be provided during the FR 3316). (1) Recommendations for the meetings on March 21 and March 22. Docket: For access to the docket to Prevention of Towing Vessel Speakers are requested to limit their read documents or comments related to Crewmember Falls Overboard. A final comments to 5 minutes. Please note that this notice, go to http:// report will be given. the public oral comment period may www.regulations.gov, insert USCG– (2) Review and Recommendations for end before the end of the stated meeting the Revision of NVIC 1–95, Voluntary 2013–0090 in the Search Box, press times if the committee has finished its Training Standards for Entry-Level Enter, and then click on the item you business. If you would like to make an Personnel on Towing Industry Vessels. are interested in viewing. oral presentation at a meeting, please FOR FURTHER INFORMATION CONTACT: A final report will be given. (3) Recommendations for the notify the DFO, listed above in the ‘‘For Commander Robert L. Smith Jr., Further Information Contact’’ section, Designated Federal Officer (DFO) for Enhancement of Towing Vessel Operational Stability. A final report will no later than March 14, 2013. Written TSAC, by Phone 202–372–1410, fax statements (20 copies) for distribution at 202–372–1926, or email be given. (4) Recommendations for Safety a meeting should reach the Coast Guard [email protected] or Mr. William Standards of Portable Facility Vapor no later than March 14, 2013. J. Abernathy, Alternate DFO TSAC; by Control Systems Used for Marine Phone 202–372–1363, fax 202–372– Minutes Operations. A final report will be given. 1926, or email (5) Recommendations to Enhance Fire Minutes from the meeting will be [email protected]. Prevention and Containment aboard available for public review within 90 SUPPLEMENTARY INFORMATION: Notice of Towing Vessels. An interim report will days following the close of the meeting these meetings is given under the be given. and can be accessed from the Coast Federal Advisory Committee Act (6) AIS encoding for Towing Vessels. Guard Homeport Web site http:// (FACA), 5 U.S.C. App. (PL 92–463). An interim report will be given. homeport.uscg.mil/TSAC. This Committee is established in (7) Recommendations regarding Dated: February 28, 2013. accordance with and operates under the Manning of Inspected Towing Vessels. J. G. Lantz, provisions of the FACA. The Towing An interim report will be given. Director of Commercial Regulations and Safety Advisory Committee provides There will be a comment period for Standards. TSAC and a comment period for public advice and recommendations to the [FR Doc. 2013–05081 Filed 3–4–13; 8:45 am] Secretary of the Department of after each report, but before each Homeland Security on matters and recommendation is formulated. The BILLING CODE 9110–04–P actions concerning shallow-draft inland committee will review the information and coastal waterway navigation and presented on each issue, deliberate on DEPARTMENT OF HOMELAND towing safety. See 33 U.S.C. 1231a. any recommendations presented in the SECURITY subcommittees’ reports, and formulate Agenda of Meetings recommendations for the Department’s Federal Emergency Management The subcommittees will meet on consideration. A copy of each report Agency March 20 from 8:30 a.m. to 5 p.m. to will be available at http:// work on their specific task assignments: homeport.uscg.mil/TSAC. [Docket ID FEMA–2013–0003] (1) Task Statement 12–01, The committee will also receive Recommendations for the Prevention of taskings from the Designated Federal Notice of Chargeable Rates Under the Towing Vessel Crewmember Falls Officer on the following: National Flood Insurance Program for Overboard. (1) Recommendations on the Non-Primary Residences (2) Task Statement 12–02, Review and Designation of Narrow Channels; Recommendations for the Revision of (2) Recommendations for the AGENCY: Federal Emergency NVIC 1–95, Voluntary Training Standardization of Tug/Towboat Management Agency, DHS. Standards for Entry-Level Personnel on Definitions, and; ACTION: Notice. Towing Industry Vessels. (3) Recommendations for Wake and (3) Task Statement 12–03, Surge Attenuation Systems for Marinas SUMMARY: The Federal Emergency Recommendations for the Enhancement Situated Near Commercial Navigation Management Agency (FEMA) is of Towing Vessel Operational Stability. Channels. publishing the chargeable rates under (4) Task Statement 12–04, The Committee will receive briefs on the National Flood Insurance Program Recommendations for Safety Standards the following topics: for non-primary residences. of Portable Facility Vapor Control (1) A bi-annual report on the status of DATES: The rates announced in this Systems Used for Marine Operations. TSAC recommendations; notice are effective January 1, 2013.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14316 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

ADDRESSES: The docket for this notice is 4015, FEMA is authorized to prescribe $50,000 aggregate liability for any available at www.regulations.gov under by notice chargeable premium rates for property containing only one unit, (ii) Docket ID FEMA–2013–0003. You may any residential property which is not $150,000 for any property containing also view the docket at the Office of the primary residence of an individual. only one unit, and (iii) $10,000 Chief Counsel, Federal Emergency These chargeable premium rates are for aggregate liability per unit for any Management Agency, Room 835, 500 C coverage which is at or below the contents related to such unit. Street SW., Washington, DC 20472. following limits: (1) For dwelling properties in States (3) For churches and other properties FOR FURTHER INFORMATION CONTACT: Tom (i) $100,000 for the structure and (ii) Hayes, Actuary, FEMA, 1800 South Bell other than Alaska, Hawaii, the Virgin Islands and Guam (i) $35,000 aggregate $100,000 for the contents of any such St., Arlington, VA 20598–3010, at unit. [email protected] or (202) liability for any property containing 6463419. only one unit, (ii) $100,000 for any The chargeable premium rates for property containing only one unit, and residential property which is not the SUPPLEMENTARY INFORMATION: Pursuant (iii) $10,000 liability per unit for any primary residence of an individual to section 100205 of the Biggert-Waters contents related to such unit. effective on or after January 1, 2013 are Flood Insurance Reform Act of 2012 (2) For dwelling properties in Alaska, as follows: (BW12), Public Law 112–141, 42 U.S.C. Hawaii, the Virgin Islands, and Guam (i)

A Zone 1 rates per year per V Zone 2 rates per year per Type of structure $100 coverage on: $100 coverage on: Structure Contents Structure Contents

No Basement or Enclosure ...... 95 1.20 1.24 1.54 With Basement or Enclosure ...... 1.02 1.20 1.33 1.54 1 A-zones are zones A1–A30, AE, AO, AH, and unnumbered A-zones. 2 V-zones are zones V1–V30, VE, and unnumbered V-zones.

Pursuant to section 100205 of BW12, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND rates for any residential property that is Dean Webster, Office of Response and SECURITY not the primary residence of an Recovery, Federal Emergency individual must increase by 25 percent Management Agency, 500 C Street SW., Federal Emergency Management per year until the average risk premium Washington, DC 20472, (202) 646–2833. Agency rate is equal to the actuarial rate. See 42 [Docket ID FEMA–2013–0002] U.S.C. 4015(e). FEMA will publish SUPPLEMENTARY INFORMATION: Notice is future increases to these rates by a hereby given that the incident period for Final Flood Hazard Determinations notice in the Federal Register. this disaster is closed effective February 11, 2013. AGENCY: Federal Emergency Authority: 42 U.S.C. 4014, 4015. Management Agency, DHS. The following Catalog of Federal Domestic Edward L. Connor, Assistance Numbers (CFDA) are to be used ACTION: Final Notice. Deputy Associate Administrator for Federal for reporting and drawing funds: 97.030, SUMMARY: Flood hazard determinations, Insurance, Federal Emergency Management Community Disaster Loans; 97.031, Cora Agency. which may include additions or Brown Fund; 97.032, Crisis Counseling; [FR Doc. 2013–04981 Filed 3–4–13; 8:45 am] modifications of Base Flood Elevations 97.033, Disaster Legal Services; 97.034, (BFEs), base flood depths, Special Flood BILLING CODE 9110–11–P Disaster Unemployment Assistance (DUA); Hazard Area (SFHA) boundaries or zone 97.046, Fire Management Assistance Grant; designations, or regulatory floodways on 97.048, Disaster Housing Assistance to the Flood Insurance Rate Maps (FIRMs) DEPARTMENT OF HOMELAND Individuals and Households In Presidentially SECURITY and where applicable, in the supporting Declared Disaster Areas; 97.049, Flood Insurance Study (FIS) reports Presidentially Declared Disaster Assistance— Federal Emergency Management have been made final for the Disaster Housing Operations for Individuals Agency communities listed in the table below. and Households; 97.050, Presidentially The FIRM and FIS report are the basis [Internal Agency Docket No. FEMA–3361– Declared Disaster Assistance to Individuals of the floodplain management measures EM; Docket ID FEMA–2013–0001] and Households—Other Needs; 97.036, that a community is required either to Disaster Grants—Public Assistance adopt or to show evidence of having in Connecticut; Amendment No. 1 to (Presidentially Declared Disasters); 97.039, effect in order to qualify or remain Notice of an Emergency Declaration Hazard Mitigation Grant. qualified for participation in the Federal AGENCY: Federal Emergency W. Craig Fugate, Emergency Management Agency’s Management Agency, DHS. Administrator, Federal Emergency (FEMA’s) National Flood Insurance ACTION: Notice. Management Agency. Program (NFIP). In addition, the FIRM [FR Doc. 2013–04980 Filed 3–4–13; 8:45 am] and FIS report are used by insurance SUMMARY: This notice amends the notice agents and others to calculate BILLING CODE 9111–23–P of an emergency declaration for the appropriate flood insurance premium State of Connecticut (FEMA–3361–EM), rates for buildings and the contents of dated February 10, 2013, and related those buildings. determinations. DATES: The effective date of June 18, DATES: Effective Date: February 11, 2013 which has been established for the 2013. FIRM and, where applicable, the

VerDate Mar<15>2010 18:34 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14317

supporting FIS report showing the new [email protected]; or visit This final notice is issued in or modified flood hazard information the FEMA Map Information eXchange accordance with section 110 of the for each community. (FMIX) online at Flood Disaster Protection Act of 1973, ADDRESSES: The FIRM, and if www.floodmaps.fema.gov/fhm/ 42 U.S.C. 4104, and 44 CFR part 67. applicable, the FIS report containing the fmx_main.html. FEMA has developed criteria for final flood hazard information for each floodplain management in floodprone community is available for inspection at SUPPLEMENTARY INFORMATION: The areas in accordance with 44 CFR part the respective Community Map Federal Emergency Management Agency 60. Repository address listed in the tables (FEMA) makes the final determinations below and will be available online listed below for the new or modified Interested lessees and owners of real through the FEMA Map Service Center flood hazard information for each property are encouraged to review the at www.msc.fema.gov by the effective community listed. Notification of these new or revised FIRM and FIS report date indicated above. changes has been published in available at the address cited below for each community or online through the FOR FURTHER INFORMATION CONTACT: Luis newspapers of local circulation and Rodriguez, Chief, Engineering ninety (90) days have elapsed since that FEMA Map Service Center at Management Branch, Federal Insurance publication. The Deputy Associate www.msc.fema.gov. and Mitigation Administration, FEMA, Adminstrator for Mitigation has The flood hazard determinations are 500 C Street SW., Washington, DC resolved any appeals resulting from this made final in the watersheds and/or 20472, (202) 646–4064, or (email) notification. communities listed in the table below:

Community Community map repository address

Unincorporated Areas of Flathead County, Montana Docket No.: FEMA–B–1239

Unincorporated Areas of Flathead County ...... Flathead County Planning and Zoning Office, 1035 1st Avenue West, Kalispell, MT 59901.

Calhoun County, Florida, and Incorporated Areas Docket No.: FEMA–B–1241

City of Blountstown ...... City Hall, 20591 Central Avenue West, Blountstown, FL 32424. Town of Altha ...... Town Hall, 25586 North Main Street, Altha, FL 32421. Unincorporated Areas of Calhoun County ...... Calhoun County Courthouse, 20859 Central Avenue East, Blountstown, FL 32424.

Liberty County, Florida, and Incorporated Areas Docket No.: FEMA–B–1241

City of Bristol ...... City Hall, 12444 Northwest Virginia G. Weaver Street, Bristol, FL 32321. Unincorporated Areas of Liberty County ...... Liberty County Building Department, 10818 Northwest State Road 20, Bristol, FL 32321.

Franklin County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1243

City of Frankfort ...... Planning and Zoning Department, 315 West 2nd Street, Frankfort, KY 40602. Unincorporated Areas of Franklin County ...... Franklin County Courthouse, 315 West Main Street, Frankfort, KY 40601.

Pendleton County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1243

City of Butler ...... City Hall, 102 Front Street, Butler, KY 41006. City of Falmouth ...... City Hall, 230 Main Street, Falmouth, KY 41040. City of Williamstown ...... City Building, 400 North Main Street, Williamstown, KY 41097. Unincorporated Areas of Pendleton County ...... Pendleton County Judge’s Office, 233 Main Street, Falmouth, KY 41040.

McCook County, South Dakota, and Incorporated Areas Docket No.: FEMA–B–1251

City of Salem ...... City Hall, 400 North Main Street, Salem, SD 57058. Unincorporated Areas of McCook County ...... McCook County Offices, 130 West Essex Avenue, Salem, SD 57058.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14318 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

(Catalog of Federal Domestic Assistance No. that a community is required either to (FMIX) online at 97.022, ‘‘Flood Insurance.’’) adopt or to show evidence of having in www.floodmaps.fema.gov/fhm/ _ James A. Walke, effect in order to qualify or remain fmx main.html. Acting Deputy Associate Administrator for qualified for participation in the Federal SUPPLEMENTARY INFORMATION: The Mitigation, Department of Homeland Emergency Management Agency’s Security, Federal Emergency Management (FEMA’s) National Flood Insurance Federal Emergency Management Agency Agency. Program (NFIP). In addition, the FIRM (FEMA) makes the final determinations [FR Doc. 2013–04982 Filed 3–4–13; 8:45 am] and FIS report are used by insurance listed below for the new or modified BILLING CODE 9110–12–P agents and others to calculate flood hazard information for each appropriate flood insurance premium community listed. Notification of these rates for buildings and the contents of changes has been published in DEPARTMENT OF HOMELAND those buildings. newspapers of local circulation and SECURITY DATES: The effective date of June 18, ninety (90) days have elapsed since that 2013 which has been established for the publication. The Deputy Associate Federal Emergency Management FIRM and, where applicable, the Adminstrator for Mitigation has Agency supporting FIS report showing the new resolved any appeals resulting from this [Docket ID FEMA–2013–0002] or modified flood hazard information notification. for each community. This final notice is issued in Final Flood Hazard Determinations ADDRESSES: The FIRM, and if accordance with section 110 of the applicable, the FIS report containing the AGENCY: Federal Emergency Flood Disaster Protection Act of 1973, Management Agency, DHS. final flood hazard information for each 42 U.S.C. 4104, and 44 CFR part 67. community is available for inspection at ACTION: Final Notice. FEMA has developed criteria for the respective Community Map floodplain management in floodprone SUMMARY: Flood hazard determinations, Repository address listed in the tables areas in accordance with 44 CFR part which may include additions or below and will be available online 60. modifications of Base Flood Elevations through the FEMA Map Service Center Interested lessees and owners of real (BFEs), base flood depths, Special Flood at www.msc.fema.gov by the effective property are encouraged to review the Hazard Area (SFHA) boundaries or zone date indicated above. new or revised FIRM and FIS report designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: Luis available at the address cited below for the Flood Insurance Rate Maps (FIRMs) Rodriguez, Chief, Engineering each community or online through the and where applicable, in the supporting Management Branch, Federal Insurance Flood Insurance Study (FIS) reports and Mitigation Administration, FEMA, FEMA Map Service Center at have been made final for the 500 C Street SW., Washington, DC www.msc.fema.gov. communities listed in the table below. 20472, (202) 646–4064, or (email) The flood hazard determinations are The FIRM and FIS report are the basis [email protected]; or visit made final in the watersheds and/or of the floodplain management measures the FEMA Map Information eXchange communities listed in the table below.

Community Community Map Repository Address

Waushara County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1243

City of Berlin ...... City Hall, 108 North Capron Street, Berlin, WI 54923. City of Wautoma ...... City Hall, 210 East Main Street, Wautoma, WI 54982. Unincorporated Areas of Waushara County...... Waushara County Courthouse, 209 South Saint Marie Street, Wautoma, WI 54982. Village of Hancock ...... Village Office, 420 North Jefferson Street, Hancock, WI 54943. Village of Lohrville ...... Village Hall, 123 Park Road, Lohrville, WI 54970. Village of Redgranite ...... Village Hall, 161 Dearborn Street, Redgranite, WI 54970. Village of Wild Rose ...... Village Hall, 500 Main Street, Wild Rose, WI 54984.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND (FEMA–4101–DR), dated February 13, 97.022, ‘‘Flood Insurance.’’) SECURITY 2013, and related determinations.

Roy Wright, Federal Emergency Management DATES: Effective Date: February 13, 2013. Deputy Associate Administrator for Agency Mitigation, Department of Homeland [Internal Agency Docket No. FEMA–4101– FOR FURTHER INFORMATION CONTACT: Security, Federal Emergency Management DR; Docket ID FEMA–2013–0001] Dean Webster, Office of Response and Agency. Recovery, Federal Emergency [FR Doc. 2013–04983 Filed 3–4–13; 8:45 am] Mississippi; Major Disaster and Management Agency, 500 C Street SW., Related Determinations BILLING CODE 9110–12–P Washington, DC 20472, (202) 646–2833. AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: Notice is Management Agency, DHS. hereby given that, in a letter dated ACTION: Notice. February 13, 2013, the President issued SUMMARY: This is a notice of the a major disaster declaration under the Presidential declaration of a major authority of the Robert T. Stafford disaster for the State of Mississippi Disaster Relief and Emergency

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14319

Assistance Act, 42 U.S.C. 5121 et seq. 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals (the ‘‘Stafford Act’’), as follows: 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, Individuals and Households In Presidentially Disaster Grants—Public Assistance I have determined that the damage in Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, certain areas of the State of Mississippi Presidentially Declared Disaster Assistance— Hazard Mitigation Grant. resulting from severe storms, tornadoes, and Disaster Housing Operations for Individuals flooding beginning on February 10, 2013, and and Households; 97.050, Presidentially W. Craig Fugate, continuing, is of sufficient severity and Declared Disaster Assistance to Individuals magnitude to warrant a major disaster Administrator, Federal Emergency and Households—Other Needs; 97.036, Management Agency. declaration under the Robert T. Stafford Disaster Grants—Public Assistance [FR Doc. 2013–04985 Filed 3–4–13; 8:45 am] Disaster Relief and Emergency Assistance (Presidentially Declared Disasters); 97.039, Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Hazard Mitigation Grant. BILLING CODE 9111–23–P Act’’). Therefore, I declare that such a major disaster exists in the State of Mississippi. W. Craig Fugate, In order to provide Federal assistance, you Administrator, Federal Emergency DEPARTMENT OF HOMELAND are hereby authorized to allocate from funds Management Agency. SECURITY available for these purposes such amounts as you find necessary for Federal disaster [FR Doc. 2013–04978 Filed 3–4–13; 8:45 am] assistance and administrative expenses. BILLING CODE 9111–23–P Federal Emergency Management You are authorized to provide Individual Agency Assistance and assistance for debris removal and emergency protective measures DEPARTMENT OF HOMELAND [Internal Agency Docket No. FEMA–4100– (Categories A and B) under the Public SECURITY DR; Docket ID FEMA–2013–0001] Assistance program in the designated areas, Hazard Mitigation throughout the State, and Federal Emergency Management Arkansas; Amendment No. 1 to Notice any other forms of assistance under the Agency of a Major Disaster Declaration Stafford Act that you deem appropriate subject to completion of Preliminary Damage [Internal Agency Docket No. FEMA–4095– Assessments (PDAs). Direct Federal DR; Docket ID FEMA–2013–0001] AGENCY: Federal Emergency assistance is authorized. Management Agency, DHS. Consistent with the requirement that New Hampshire; Amendment No. 1 to ACTION: Notice. Federal assistance is supplemental, any Notice of a Major Disaster Declaration Federal funds provided under the Stafford Act for Public Assistance, Hazard Mitigation, AGENCY: Federal Emergency SUMMARY: This notice amends the notice and Other Needs Assistance will be limited Management Agency, DHS. of a major disaster declaration for the to 75 percent of the total eligible costs. ACTION: Notice. State of Arkansas (FEMA–4100–DR), Further, you are authorized to make dated January 29, 2013, and related changes to this declaration for the approved SUMMARY: This notice amends the notice determinations. assistance to the extent allowable under the of a major disaster declaration for the Stafford Act. State of New Hampshire (FEMA–4095– DATES: Effective Date: February 14, The time period prescribed for the DR), dated November 28, 2012, and 2013. implementation of section 310(a), related determinations. FOR FURTHER INFORMATION CONTACT: Priority to Certain Applications for DATES: Effective Date: February 27, Dean Webster, Office of Response and Public Facility and Public Housing 2013. Assistance, 42 U.S.C. 5153, shall be for Recovery, Federal Emergency FOR FURTHER INFORMATION CONTACT: a period not to exceed six months after Management Agency, 500 C Street SW., Dean Webster, Office of Response and the date of this declaration. Washington, DC 20472, (202) 646–2833. Recovery, Federal Emergency The Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice Agency (FEMA) hereby gives notice that Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. of a major disaster declaration for the pursuant to the authority vested in the State of Arkansas is hereby amended to SUPPLEMENTARY INFORMATION: The notice Administrator, under Executive Order include the following area among those of a major disaster declaration for the 12148, as amended, Terry L. Quarles, of areas determined to have been adversely State of New Hampshire is hereby FEMA is appointed to act as the Federal affected by the event declared a major amended to include the following area Coordinating Officer for this major disaster by the President in his among those areas determined to have disaster. declaration of January 29, 2013. The following areas of the State of been adversely affected by the event Mississippi have been designated as declared a major disaster by the Clark County for Public Assistance. adversely affected by this major disaster: President in his declaration of The following Catalog of Federal Domestic November 28, 2012. Assistance Numbers (CFDA) are to be used Forrest and Lamar Counties for Individual for reporting and drawing funds: 97.030, Assistance. Rockingham County for Public Assistance. Community Disaster Loans; 97.031, Cora The following Catalog of Federal Domestic Forrest and Lamar Counties for debris Brown Fund; 97.032, Crisis Counseling; removal and protective measures (Categories Assistance Numbers (CFDA) are to be used 97.033, Disaster Legal Services; 97.034, A and B), including direct federal assistance, for reporting and drawing funds: 97.030, Disaster Unemployment Assistance (DUA); under the Public Assistance program. Community Disaster Loans; 97.031, Cora All counties within the State of Mississippi Brown Fund; 97.032, Crisis Counseling; 97.046, Fire Management Assistance Grant; are eligible to apply for assistance under the 97.033, Disaster Legal Services; 97.034, 97.048, Disaster Housing Assistance to Hazard Mitigation Grant Program. Disaster Unemployment Assistance (DUA); Individuals and Households In Presidentially The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; Declared Disaster Areas; 97.049, Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to Presidentially Declared Disaster Assistance— for reporting and drawing funds: 97.030, Individuals and Households In Presidentially Disaster Housing Operations for Individuals Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, and Households; 97.050 Presidentially Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— Declared Disaster Assistance to Individuals 97.033, Disaster Legal Services; 97.034, Disaster Housing Operations for Individuals and Households—Other Needs; 97.036, Disaster Unemployment Assistance (DUA); and Households; 97.050 Presidentially Disaster Grants—Public Assistance

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14320 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

(Presidentially Declared Disasters); 97.039, and Households—Other Needs; 97.036, the functions of the agency, including Hazard Mitigation Grant. Disaster Grants—Public Assistance whether the information will have (Presidentially Declared Disasters); 97.039, practical utility; (2) Evaluate the W. Craig Fugate, Hazard Mitigation Grant. Administrator, Federal Emergency accuracy of the agency’s estimate of the Management Agency. W. Craig Fugate, burden of the proposed collection of [FR Doc. 2013–04979 Filed 3–4–13; 8:45 am] Administrator, Federal Emergency information; (3) Enhance the quality, BILLING CODE 9111–23–P Management Agency. utility, and clarity of the information to [FR Doc. 2013–04984 Filed 3–4–13; 8:45 am] be collected; and (4) Minimize the BILLING CODE 9111–23–P burden of the collection of information DEPARTMENT OF HOMELAND on those who are to respond; including SECURITY the use of appropriate automated collection techniques or other forms of Federal Emergency Management DEPARTMENT OF HOUSING AND information technology, e.g., permitting Agency URBAN DEVELOPMENT electronic submission of responses. [Docket No. FR–5687–N–08] [Internal Agency Docket No. FEMA–4101– This Notice also lists the following DR; Docket ID FEMA–2013–0001] Notice of Proposed Information information: Mississippi; Amendment No. 2 to Collection; Comment Request: The Title of Proposal: Membership Notice of a Major Disaster Declaration Housing Counseling Federal Advisory Application for the Housing Counseling Committee Membership Application Federal Advisory Committee. AGENCY: Federal Emergency Management Agency, DHS. AGENCY: Office of the Assistant OMB Control Number, if applicable: ACTION: Notice. Secretary for Housing, HUD. 2502-New. ACTION: Notice. Description of the need for the SUMMARY: This notice amends the notice information and proposed use: The of a major disaster declaration for the SUMMARY: The proposed information State of Mississippi (FEMA–4101–DR), collection requirement described below Housing Counseling Federal Advisory dated February 13, 2013, and related will be submitted to the Office of Committee (HCFAC) was created under determinations. Management and Budget (OMB) for the Dodd-Frank ‘‘Expand and Preserve review, as required by the Paperwork Homeownership through Counseling DATES: Effective Date: February 19, Act’’ Public Law 111–203, title XIV, 2013. Reduction Act. The Department is soliciting public comments on the § 1441, July 21, 2010, 124 Stat. 2163 FOR FURTHER INFORMATION CONTACT: subject proposal. (Act), 42 U.S.C. 3533(g) to provide Dean Webster, Office of Response and DATES: Comments Due Date: May 6, strategic planning and policy guidance Recovery, Federal Emergency 2013. to HUD on housing counseling issues. Management Agency, 500 C Street SW., The Membership Application will be Washington, DC 20472, (202) 646–2833. ADDRESSES: Interested persons are invited to submit comments regarding use to select the members of the HCFAC SUPPLEMENTARY INFORMATION: The notice Agency form numbers, if applicable: of a major disaster declaration for the this proposal. Comments should refer to State of Mississippi is hereby amended the proposal by name and/or OMB HUD–90005–HCFAC. to include the following areas among Control Number and should be sent to: Estimation of the total numbers of those areas determined to have been Reports Liaison Officer, Department of hours needed to prepare the information adversely affected by the event declared Housing and Urban Development, 451 collection including number of a major disaster by the President in his 7th Street SW., Washington, DC 20410, respondents, frequency of response, and Room 9120 or the number for the declaration of February 13, 2013. hours of response: The number of Federal Relay Service (1–800–877– burden hours is 250. The number of Forrest and Lamar Counties for Public 8339). Assistance [Categories C–G] (already respondents is 250 the number of designated for Individual Assistance and FOR FURTHER INFORMATION CONTACT: responses is 250 the frequency of debris removal and emergency protective Marjorie George, Senior Housing response is on occasion, and the burden measures [Categories A and B], including Program Specialist, Office of Housing hour per response is $34.34. direct federal assistance, under the Public Counseling, Office of Outreach and Assistance program). Capacity Building, U.S. Department of Status of the proposed information Marion and Wayne Counties for Public HUD, 200 Jefferson Avenue, Suite 300, collection: This is a new collection. Assistance, including direct federal Memphis TN 38103., telephone 901– Authority: The Paperwork Reduction Act assistance (already designated for Individual 544–4228 (this is not a toll free number) of 1995, 44 U.S.C., Chapter 35, as amended. Assistance). for copies of the proposed forms and The following Catalog of Federal Domestic Dated: February 26, 2013. other available information. Assistance Numbers (CFDA) are to be used Laura M. Marin, for reporting and drawing funds: 97.030, SUPPLEMENTARY INFORMATION: The Community Disaster Loans; 97.031, Cora Department is submitting the proposed Acting General Deputy Assistant, Secretary Brown Fund; 97.032, Crisis Counseling; information collection to OMB for for Housing-Acting General Deputy Federal 97.033, Disaster Legal Services; 97.034, review, as required by the Paperwork Housing Commissioner. Disaster Unemployment Assistance (DUA); Reduction Act of 1995 (44 U.S.C. [FR Doc. 2013–05090 Filed 3–4–13; 8:45 am] 97.046, Fire Management Assistance Grant; Chapter 35, as amended). BILLING CODE 4210–67–P 97.048, Disaster Housing Assistance to This Notice is soliciting comments Individuals and Households In Presidentially Declared Disaster Areas; 97.049, from members of the public and affected Presidentially Declared Disaster Assistance— agencies concerning the proposed Disaster Housing Operations for Individuals collection of information to: (1) Evaluate and Households; 97.050 Presidentially whether the proposed collection is Declared Disaster Assistance to Individuals necessary for the proper performance of

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00057 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14321

DEPARTMENT OF HOUSING AND public housing and Section 8 housing burden of the proposed collection of URBAN DEVELOPMENT assistance programs. information; (3) Enhance the quality, DATES: Comments Due Date: April 4, utility, and clarity of the information to [Docket No. FR–5683–N–21] 2013. be collected; and (4) Minimize the burden of the collection of information Notice of Submission of Proposed ADDRESSES: Interested persons are on those who are to respond; including Information Collection to OMB: Public invited to submit comments regarding through the use of appropriate Housing Reform; Change in Admission this proposal. Comments should refer to automated collection techniques or and Occupancy Requirements the proposal by name and/or OMB other forms of information technology, approval Number (2577–0230) and AGENCY: Office of the Chief Information e.g., permitting electronic submission of should be sent to: HUD Desk Officer, Officer, HUD. responses. Office of Management and Budget, New ACTION: Notice. This notice also lists the following Executive Office Building, Washington, information: DC 20503; fax: 202–395–5806. Email: SUMMARY: The proposed information _ Title of Proposed: Public Housing collection requirement described below OIRA [email protected] fax: Reform; Change in Admission and has been submitted to the Office of 202–395–5806. Occupancy Requirements. Management and Budget (OMB) for FOR FURTHER INFORMATION CONTACT: OMB Approval Number: 2577–0230. review, as required by the Paperwork Colette Pollard., Reports Management Form Numbers: None. Reduction Act. The Department is Officer, QDAM, Department of Housing Description of the need for the soliciting public comments on the and Urban Development, 451 Seventh information and proposed use: The subject proposal. Street SW., Washington, DC 20410; collection of information implements The collection of information email Colette Pollard at changes to the admission and implements changes to the admission [email protected]. or telephone occupancy requirements for the public and occupancy requirements for the (202) 402–3400. This is not a toll-free housing and Section 8 assisted housing public housing and Section 8 assisted number. Copies of available documents programs made by the Quality Housing housing programs made by the Quality submitted to OMB may be obtained and Work Responsibility (QHWRA) Act Housing and Work Responsibility from Ms. Pollard. 1998 (Title V of the FY 1999 HUD (QHWRA) Act 1998 (Title V of the FY SUPPLEMENTARY INFORMATION: This appropriations Act, Pub. L. 105–276, 1999 HUD appropriations Act, Pub. L. notice informs the public that the 112 Stat. 2518, approved October 21, 105–276, 112 Stat. 2518, approved Department of Housing and Urban 1998), which amended the United States October 21, 1998), which amended the Development has submitted to OMB a Housing Act of 1937. QHWRA made United States Housing Act of 1937. request for approval of the Information comprehensive changes to HUD’s public QHWRA made comprehensive changes collection described below. This notice housing, Section 8 programs. Some of to HUD’s public housing, Section 8 is soliciting comments from members of the changes made by the 1998 Act (i.e., programs. Some of the changes made by the public and affecting agencies QHWRA) affect public housing only and the 1998 Act (i.e., QHWRA) affect concerning the proposed collection of others affect the Section 8 and public public housing only and others affect information to: (1) Evaluate whether the housing programs. These changes cover the Section 8 and public housing proposed collection of information is choice of rent, community service and programs. These changes cover choice necessary for the proper performance of self-sufficiency in public housing; and of rent, community service and self- the functions of the agency, including admission preferences and sufficiency in public housing; and whether the information will have determination of income and rent in admission preferences and practical utility; (2) Evaluate the public housing and Section 8 housing determination of income and rent in accuracy of the agency’s estimate of the assistance programs.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 4,058 1 24 97,392

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND soliciting public comments on the 97,392. URBAN DEVELOPMENT subject proposal. Status: Revision of a Currently In 2011, HUD’s Office of Fair Housing Approved Collection. [Docket No. FR–5685–N–01] and Equal Opportunity (FHEO) began an outreach initiative to strengthen FHEO’s Authority: Section 3507 of the Paperwork Notice of Proposed Information ties with community-based Reduction Act of 1995, 44 U.S.C. 35, as Collection; Comment Request: Fair organizations that work with the public. amended. Housing Training Survey As part of that initiative, FHEO has held Dated: February 27, 2013. AGENCY: Office of Fair Housing and a series of training events around the Colette Pollard, Equal Opportunity, HUD. country to bring together public and Department Reports Management Officer, ACTION: Notice. private fair housing professionals with Office of the Chief Information Officer. community leaders and organizations [FR Doc. 2013–05082 Filed 3–4–13; 8:45 am] SUMMARY: The proposed information that work directly with members of the BILLING CODE 4210–67–P collection requirement described below public. By training advocates from will be submitted to the Office of organizations that work with Management and Budget (OMB) for underserved communities, FHEO hopes review, as required by the Paperwork that organizations will be able to Reduction Act. The Department is recognize and report discrimination in

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14322 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the communities they serve. FHEO education and outreach training in accordance with HUD administrative would like to survey conference conferences were useful to the procedures, and that ownership remains participants to see if they have used participants and advanced the goals of as described in previous APPS or form knowledge and/or distributed our office. The hope is that by attending HUD–2530 submissions. informational material they obtained at the training these organizations learned DATES: Comments Due Date: April 4, these events. This information will more about rights protected by the Fair 2013. allow FHEO to access the success of the Housing Act and other fair housing law. outreach and the worth of conducting The questions also ask about the impact ADDRESSES: Interested persons are this type of outreach in the future. the training has had on the invited to submit comments regarding DATES: Comments Due Date: May 6, organization’s activities. For example, this proposal. Comments should refer to 2013. the survey asks whether or not the the proposal by name and/or OMB organization have filed, or helped approval Number (2502–0012) and ADDRESSES: Interested persons are someone file a fair housing complaint should be sent to: HUD Desk Officer, invited to submit comments regarding since the training. This information will Office of Management and Budget, New this proposal. Comments should refer to allow FHEO to assess the success of the Executive Office Building, Washington, the proposal by name and/or OMB education and outreach events and the DC 20503; fax: 202–395–5806. Email: Control Number and should be sent to: worth of conducting this type of [email protected] fax: Reports Liaison Officer, Department of outreach in the future. 202–395–5806. Housing and Urban Development, 451 Agency form numbers, if applicable: 7th Street SW., Washington, DC 20410, FOR FURTHER INFORMATION CONTACT: None. Colette Pollard, Reports Management Room 9120 or the number for the Estimation of the total numbers of Officer, QDAM, Department of Housing Federal Relay Service (1–800–877– hours needed to prepare the information and Urban Development, 451 Seventh 8339). collection including number of Street SW., Washington, DC 20410; FOR FURTHER INFORMATION CONTACT: respondents, frequency of response, and email Colette Pollard at Robert Walker, Director, Education and hours of response: The number of Outreach Division, Office of Fair burden hours is about 100 hours (6000 [email protected]. or telephone Housing and Equal Opportunity, minutes) to complete the survey. This (202) 402–3400. This is not a toll-free Department of Housing and Urban burden was calculated by estimating number. Copies of available documents Development, 451 7th Street SW., that the total number of people to submitted to OMB may be obtained Washington, DC 20410, telephone (202) receive the survey will be 700 people from Ms. Pollard. 402–6875 (this is not a toll free number) per year. The predicted number of SUPPLEMENTARY INFORMATION: This for copies of the proposed forms and people to respond to the survey is 600 notice informs the public that the other available information. people per year. The survey should take Department of Housing and Urban SUPPLEMENTARY INFORMATION: The around 10 minutes to complete, creating Development has submitted to OMB a Department is submitting the proposed a total time burden of 6000 minutes. request for approval of the Information information collection to OMB for Status of the proposed information collection described below. This notice review, as required by the Paperwork collection: This is a new collection. is soliciting comments from members of Reduction Act of 1995 (44 U.S.C. Authority: The Paperwork Reduction Act the public and affecting agencies Chapter 35, as amended). of 1995, 44 U.S.C., Chapter 35, as amended. concerning the proposed collection of This Notice is soliciting comments Dated: November 27, 2012. information to: (1) Evaluate whether the proposed collection of information is from members of the public and affected John Trasvin˜ a, agencies concerning the proposed necessary for the proper performance of Assistant Secretary for Fair Housing and the functions of the agency, including collection of information to: (1) Evaluate Equal Opportunity. whether the proposed collection is whether the information will have [FR Doc. 2013–05069 Filed 3–4–13; 8:45 am] necessary for the proper performance of practical utility; (2) Evaluate the BILLING CODE 4210–67–P the functions of the agency, including accuracy of the agency’s estimate of the whether the information will have burden of the proposed collection of practical utility; (2) Evaluate the DEPARTMENT OF HOUSING AND information; (3) Enhance the quality, accuracy of the agency’s estimate of the URBAN DEVELOPMENT utility, and clarity of the information to burden of the proposed collection of be collected; and (4) Minimize the information; (3) Enhance the quality, [Docket No. FR–5683–N–16] burden of the collection of information utility, and clarity of the information to on those who are to respond; including Notice of Submission of Proposed be collected; and (4) Minimize the through the use of appropriate Information Collection to OMB: Rent burden of the collection of information automated collection techniques or Schedule—Low Rent Housing on those who are to respond; including other forms of information technology, the use of appropriate automated AGENCY: Office of the Chief Information e.g., permitting electronic submission of collection techniques or other forms of Officer, HUD. responses. information technology, e.g., permitting ACTION: Notice. This notice also lists the following electronic submission of responses. information: This Notice also lists the following SUMMARY: The proposed information Title of Proposed: Rent Schedule— information: collection requirement described below Low Rent Housing. has been submitted to the Office of Title of Proposal: Fair Housing OMB Approval Number: 2502–0012. Training Survey. Management and Budget (OMB) for OMB Control Number, if applicable: review, as required by the Paperwork Form Numbers: HUD 92458. 2529–New. Reduction Act. The Department is Description of the need for the Description of the need for the soliciting public comments on the information and proposed use: information and proposed use: subject proposal. This information is necessary for HUD The information collected from these This information is necessary for HUD to ensure that tenant rents are approved surveys will be used to determine if to ensure that tenant rents are approved in accordance with HUD administrative

VerDate Mar<15>2010 18:34 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14323

procedures, and that ownership remains as described in previous APPS or form HUD–2530 submissions.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 4,755 1 5.32 25,344

Total estimated burden hours: 25,344. project level and beneficiary level the public and affecting agencies Status: This is an extension of a information collected and reported on concerning the proposed collection of currently approved collection. by NSP2 grantees. The data identifies information to: (1) Evaluate whether the Authority: Section 3507 of the Paperwork who benefits from the NSP2 program proposed collection of information is Reduction Act of 1995, 44 U.S.C. 35, as and how statutory requirement are necessary for the proper performance of amended. satisfied. The respondents are State, the functions of the agency, including Dated: February 27, 2013. local government, non-profit and whether the information will have consortium applicants. practical utility; (2) Evaluate the Colette Pollard, DATES: Comments Due Date: April 4, accuracy of the agency’s estimate of the Department Reports Management Officer, burden of the proposed collection of Office of the Chief Information Officer. 2013. information; (3) Enhance the quality, [FR Doc. 2013–05079 Filed 3–4–13; 8:45 am] ADDRESSES: Interested persons are utility, and clarity of the information to BILLING CODE 4210–67–P invited to submit comments regarding be collected; and (4) Minimize the this proposal. Comments should refer to burden of the collection of information the proposal by name and/or OMB on those who are to respond; including DEPARTMENT OF HOUSING AND approval Number (2506–0185) and through the use of appropriate URBAN DEVELOPMENT should be sent to: HUD Desk Officer, automated collection techniques or [Docket No. FR–5683–N–19] Office of Management and Budget, New other forms of information technology, Executive Office Building, Washington, e.g., permitting electronic submission of Notice of Submission of Proposed DC 20503; fax: 202–395–5806. Email: responses. _ Information Collection to OMB; OIRA [email protected] fax: This notice also lists the following Neighborhood Stabilization Program 2 202–395–5806. information: Reporting FOR FURTHER INFORMATION CONTACT: Title of Proposed: Neighborhood AGENCY: Office of the Chief Information Colette Pollard, Reports Management Stabilization Program 2 Reporting. Officer, HUD. Officer, QDAM, Department of Housing OMB Approval Number: 2506–0185. and Urban Development, 451 Seventh ACTION: Notice. Form Numbers: None. Street SW., Washington, DC 20410; Description of the need for the SUMMARY: The proposed information email Colette Pollard at information and proposed use: This collection requirement described below [email protected]. or telephone information describes the reporting and has been submitted to the Office of (202) 402–3400. This is not a toll-free recordkeeping requirements of the Management and Budget (OMB) for number. Copies of available documents Neighborhood Stabilization Program 2 review, as required by the Paperwork submitted to OMB may be obtained (NSP2). The data required includes Reduction Act. The Department is from Ms. Pollard. program level, project level and soliciting public comments on the SUPPLEMENTARY INFORMATION: This beneficiary level information collected subject proposal. notice informs the public that the and reported on by NSP2 grantees. The This information describes the Department of Housing and Urban data identifies who benefits from the reporting and recordkeeping Development has submitted to OMB a NSP2 program and how statutory requirements of the Neighborhood request for approval of the Information requirement are satisfied. The Stabilization Program 2 (NSP2). The collection described below. This notice respondents are State, local government, data required includes program level, is soliciting comments from members of non-profit and consortium applicants.

Number of Annual × Hours per respondents responses response Burden hours

Reporting Burden: ...... 80 4 32 10,240

Total Estimated Burden Hours: Dated: February 27, 2013. DEPARTMENT OF HOUSING AND 10,240. Colette Pollard, URBAN DEVELOPMENT Status: Revision of a currently Department Reports Management Officer, [Docket No. FR–5687–N–07] approved collection. Office of the Chief Information Officer. [FR Doc. 2013–05072 Filed 3–4–13; 8:45 am] Notice of Proposed Information Authority: Section 3507 of the Paperwork Collection: Comment Request: Single Reduction Act of 1995, 44 U.S.C. 35, as BILLING CODE 4210–67–P Family Premium Collection amended. Subsystem-Upfront (SFPCS–U) AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14324 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

SUMMARY: The proposed information using funds obtained from the DEPARTMENT OF HOUSING AND collection requirement described below mortgagor during the closing of the URBAN DEVELOPMENT will be submitted to the Office of mortgage transaction at settlement. The [Docket No. FR–5683–N–18] Management and Budget (OMB) for SFPCS–U strengthens HUD’s ability to review, as required by the Paperwork manage and process upfront single- Notice of Submission of Proposed Reduction Act. The Department is family mortgage insurance premium Information Collection to OMB: soliciting public comments on the collections and corrections. It also Assisted Living Conversion Program subject proposal. improves data integrity for the Single (ALCP) and Emergency Capital Repair DATES: Comments Due Date: May 6, Family Mortgage Insurance Program. Program (ECRP) 2013. Therefore, the FHA approved lenders AGENCY: Office of the Chief Information ADDRESSES: Interested persons are transmit UPMIP payment case detail Officer, HUD. directly to HUD and this information is invited to submit comments regarding ACTION: Notice. this proposal. Comments should refer to remitted by HUD to the Department of the proposal by name and/or OMB the Treasury’s Pay.gov Automated SUMMARY: The proposed information Control Number and should be sent to: Clearing House (ACH) applications. The collection requirement described below Reports Liaison Officer, Department of case-level payment information sent to has been submitted to the Office of Housing and Urban Development, 451 HUD is updated on the Single Family Management and Budget (OMB) for 7th Street SW., Washington, DC 20410, Premium Collection Subsystem-Upfront review, as required by the Paperwork Room 9120 or the number for the (SFPCS). The authority for this Reduction Act. The Department is Federal Relay Service (1–800–877– collection of information is specified in soliciting public comments on the 8339). 24 CFR 203.280 and 24 CFR 203.281. subject proposal. The Assisted Living Conversion FOR FURTHER INFORMATION CONTACT: The collection of information is also Program and the Emergency Capital Keely E. Stevenson, Branch Chief, used in calculating refunds due to Repair Program application submission Single Family Insurance Operations former FHA mortgagors when they requirements are necessary to assist Branch, Department of Housing and apply for homeowner refunds of the HUD in determining an applicant’s Urban Development, 451 7th Street SW., unearned portion of the mortgage eligibility and the capacity to carry out Washington, DC 20410, telephone (202) insurance premium, 24 CFR 203.283, as a successful conversion of a project or 402–3433 (this is not a toll free number) appropriate. Without this information make the necessary emergency repairs. for copies of the proposed forms and the premium collection/monitoring A careful evaluation of the application other available information. process would be severely impeded, and is conducted to ensure that the Federal SUPPLEMENTARY INFORMATION: The program data would be unreliable. In Government’s interest is protected and Department is submitting the proposed general, the lenders use the ACH to mitigate any possibilities of fraud, information collection to OMB for applications to remit the upfront waste, or misuse of public funds. The review, as required by the Paperwork premium through SFPCS–U to obtain purpose of collecting the application Reduction Act of 1995 (44 U.S.C. mortgage insurance for the homeowner. submission information is for the Chapter 35, as amended). Agency form numbers, if applicable: Department to assess the applicant’s This Notice is soliciting comments worthiness, whether the projects meet Estimation of the total numbers of from members of the public and affected statutory and regulatory requirements, hours needed to prepare the information agencies concerning the proposed or make sound judgments regarding the collection of information to: (1) Evaluate collection including number of potential risk to the Government. whether the proposed collection is respondents, frequency of response, and DATES: Comments Due Date: April 4, hours of response: Hourly rate is based necessary for the proper performance of 2013. the functions of the agency, including on an estimate of the annual salary of whether the information will have lender clerical staff at $33,634 The ADDRESSES: Interested persons are practical utility; (2) Evaluate the number of annual burden hours is invited to submit comments regarding accuracy of the agency’s estimate of the 4,880. The number of respondents is this proposal. Comments should refer to burden of the proposed collection of 2,711, the number of responses is the proposal by name and/or OMB information; (3) Enhance the quality, 32,532, the frequency of response is approval Number (2502–0542) and should be sent to: HUD Desk Officer, utility, and clarity of the information to monthly, and the estimated burden time Office of Management and Budget, New be collected; and (4) Minimize the response is approximated 15 minutes. burden of the collection of information Executive Office Building, Washington, on those who are to respond; including Status of the proposed information DC 20503; fax: 202–395–5806. Email: _ the use of appropriate automated collection: Extension of a currently OIRA [email protected] fax: collection techniques or other forms of approved collection. 202–395–5806. information technology, e.g., permitting Authority: The Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: electronic submission of responses. of 1995, 44 U.S.C., Chapter 35, as amended. Colette Pollard., Reports Management Officer, QDAM, Department of Housing This Notice also lists the following Dated: February 26, 2013. information: and Urban Development, 451 Seventh Title of Proposal: Single Family Laura M. Marin, Street SW., Washington, DC 20410; Premium Collection Subsystem-Upfront Acting General Deputy Assistant Secretary email Colette Pollard at (SFPCS–U). for Housing-Acting General Deputy Federal [email protected]. or telephone OMB Control Number, if applicable: Housing Commissioner. (202) 402–3400. This is not a toll-free 2502–0423. [FR Doc. 2013–05088 Filed 3–4–13; 8:45 am] number. Copies of available documents The Single Family Premium BILLING CODE 4210–67–P submitted to OMB may be obtained Collection Subsystem-Upfront (SFPCS– from Ms. Pollard. U) allows the lenders to remit the SUPPLEMENTARY INFORMATION: This Upfront Mortgage Insurance Premiums notice informs the public that the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14325

Department of Housing and Urban through the use of appropriate Assisted Living Conversion Program Development has submitted to OMB a automated collection techniques or and the Emergency Capital Repair request for approval of the Information other forms of information technology, Program application submission collection described below. This notice e.g., permitting electronic submission of requirements are necessary to assist is soliciting comments from members of responses. HUD in determining an applicant’s the public and affecting agencies This notice also lists the following eligibility and the capacity to carry out concerning the proposed collection of information: a successful conversion of a project or information to: (1) Evaluate whether the Title of Proposed: Assisted Living make the necessary emergency repairs. Conversion Program (ALCP) and proposed collection of information is A careful evaluation of the application Emergency Capital Repair Program necessary for the proper performance of is conducted to ensure that the Federal (ECRP). the functions of the agency, including OMB Approval Number: 2502–0542. Government’s interest is protected and whether the information will have Form Numbers: HUD 424 CB, HUD to mitigate any possibilities of fraud, practical utility; (2) Evaluate the 92047, HUD–96011, HUD–2994–A, SF– waste, or misuse of public funds. The accuracy of the agency’s estimate of the 424, SF–424–SUPP., SF–LLL, HUD– purpose of collecting the application burden of the proposed collection of 2880, HUD–2990–2991, HUD–2530, submission information is for the information; (3) Enhance the quality, HUD–96010, HUD–50080–ALCP, SF– Department to assess the applicant’s utility, and clarity of the information to 269, HUD 92045, HUD 424 CBW, HUD worthiness, whether the projects meet be collected; and (4) Minimize the 92046, HUD 50080 ECRP, HUD 27300. statutory and regulatory requirements, burden of the collection of information Description of the need for the or make sound judgments regarding the on those who are to respond; including information and proposed use: The potential risk to the Government.

Number of Annual × Hours per respondents responses response Burden hours

Reporting Burden ...... 31 17.16 1.513 805

Total Estimated Burden Hours: 805. needed, to enable families to cure their FOR FURTHER INFORMATION CONTACT: Status: This is an extension without delinquencies and retain their homes Colette Pollard, Reports Management change of a currently approved stabilizes neighborhoods that might Officer, QDAM, Department of Housing collection. otherwise suffer from deterioration and and Urban Development, 451 Seventh Authority: Section 3507 of the Paperwork problems associated with vacant and Street SW., Washington, DC 20410; Reduction Act of 1995, 44 U.S.C. 35, as abandoned properties. Avoidance of email Colette Pollard at amended. foreclosure and the resultant costs also [email protected]. or telephone Dated: February 27, 2013. serve to further stabilize the mortgage (202) 402–3400. This is not a toll-free Colette Pollard, insurance premiums charged by FHA number. Copies of available documents submitted to OMB may be obtained Department Reports Management Officer, and the Federal budget receipts Office of the Chief Information Officer. generated from those premiums. The from Ms. Pollard. [FR Doc. 2013–05074 Filed 3–4–13; 8:45 am] information collection request for OMB SUPPLEMENTARY INFORMATION: This review seeks to extend OMB 2502–0589, BILLING CODE 4210–67–P notice informs the public that the a currently established OMB collection, Department of Housing and Urban for an additional three years. Agency Development has submitted to OMB a DEPARTMENT OF HOUSING AND form numbers, if applicable: HUD–1 request for approval of the Information URBAN DEVELOPMENT Settlement Statement, HUD–27011 collection described below. This notice Single Family Application for Insurance [Docket No. FR–5683–N–17] is soliciting comments from members of Benefits, HUD–90035 Information/ the public and affecting agencies Notice of Submission of Proposed Disclosure, HUD–90041 Request for concerning the proposed collection of Information Collection to OMB: FHA Variance, Pre-foreclosure sale information to: (1) Evaluate whether the Insured Mortgage Loan Servicing procedure, HUD–90045 Approval to proposed collection of information is Involving the Loss Mitigation Participate, HUD–90051 Sale Contract necessary for the proper performance of Programs Review, HUD–90052 Closing the functions of the agency, including Worksheet, HUD–PA–426 How to Avoid whether the information will have AGENCY: Office of the Chief Information Foreclosure. practical utility; (2) Evaluate the Officer, HUD. accuracy of the agency’s estimate of the ACTION: Notice. DATES: Comments Due Date: April 4, 2013. burden of the proposed collection of SUMMARY: The proposed information information; (3) Enhance the quality, collection requirement described below ADDRESSES: Interested persons are utility, and clarity of the information to has been submitted to the Office of invited to submit comments regarding be collected; and (4) Minimize the Management and Budget (OMB) for this proposal. Comments should refer to burden of the collection of information review, as required by the Paperwork the proposal by name and/or OMB on those who are to respond; including Reduction Act. The Department is approval Number (2502–0589) and through the use of appropriate soliciting public comments on the should be sent to: HUD Desk Officer, automated collection techniques or subject proposal. Office of Management and Budget, New other forms of information technology, FHA insurance is an important source Executive Office Building, Washington, e.g., permitting electronic submission of of mortgage credit for low and DC 20503; fax: 202–395–5806. Email: responses. moderate-income borrowers and [email protected] fax: This notice also lists the following neighborhoods. Providing assistance, as 202–395–5806. information:

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14326 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Title of Proposed: FHA Insured needed, to enable families to cure their 2502–0589, a currently established OMB Mortgage Loan Servicing Involving the delinquencies and retain their homes collection, for an additional three years. Loss Mitigation Programs. stabilizes neighborhoods that might Agency form numbers, if applicable: OMB Approval Number: 2502–0589. otherwise suffer from deterioration and HUD–1 Settlement Statement, HUD– Form Numbers: HUD 27011, HUD problems associated with vacant and 27011 Single Family Application for 90051, HUD 9539, HUD 50002, HUD abandoned properties. Avoidance of Insurance Benefits, HUD–90035 90045, HUD 90035, HUD 90041, HUD foreclosure and the resultant costs also Information/Disclosure, HUD–90041 90052, HUD 91022, HUD 50012. serve to further stabilize the mortgage Description of the need for the Request for Variance, Pre-foreclosure insurance premiums charged by FHA information and proposed use: sale procedure, HUD–90045 Approval to FHA insurance is an important source and the Federal budget receipts Participate, HUD–90051 Sale Contract of mortgage credit for low and generated from those premiums. Review, HUD–90052 Closing moderate-income borrowers and The information collection request for Worksheet, HUD–PA–426 How to Avoid neighborhoods. Providing assistance, as OMB review seeks to extend OMB Foreclosure.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 303,718 3.849 1.300 1,520,216

Total Estimated Burden Hours: on an expedited basis, eligible activities Report (SF 425) to local HUD Field 1,520,216. under the CDBG program. The purpose Offices. The Recovery Act requires that Status: This is an extension without of the CDBG–R funding was to stimulate not later than 10 days after the end of change of a currently approved the economy through measures that each calendar quarter, each recipient collection. modernized the Nation’s infrastructure, that received recovery funds from a Authority: Section 3507 of the Paperwork improved energy efficiency, and federal agency shall submit a report to Reduction Act of 1995, 44 U.S.C. 35, as expanded educational opportunities and that agency that contains: (1) The total amended. access to health care. All CDBG–R funds amount of recovery funds received from Dated: February 27, 2013. were required to be expended by that agency; (2) the amount of recovery September 30, 2012. Any CDBG–R funds received that were expended or Colette Pollard, funds remaining after that date were obligated to projects or activities; and Department Reports Management Officer, recaptured by HUD and returned to (3) a detailed list of all projects or Office of the Chief Information Officer. Treasury. The Recovery Act did not activities for which recovery funds were [FR Doc. 2013–05075 Filed 3–4–13; 8:45 am] specify a requirement regarding the date expended or obligated, including (A) the BILLING CODE 4210–67–P for completion of CDBG–R assisted name of the project or activity; (B) a activities, although grantees were description of the project or activity; (C) required to give preference to activities an evaluation of the completion status DEPARTMENT OF HOUSING AND that could be started and completed of the project or activity; (D) an estimate URBAN DEVELOPMENT expeditiously. While the CDBG–R of the number of jobs created and the [Docket No. FR–5683–N–20] expenditure deadline has passed, all number of jobs retained by the project CDBG–R assisted activities have not or activity; and (E) for infrastructure Notice of Submission of Proposed been completed. New activities were investments made by State and local Information Collection to OMB: added over time when grantees governments, the purpose, total cost, Community Development Block Grant amended their 2008 substantial and rationale of the agency for funding Recovery (CDBG–R) Program amendments to add such activities the infrastructure investment with funds AGENCY: Office of the Chief Information because previously identified activities made available under the Recovery Act Officer, HUD. came in under budget, were identified and name of the person to contact at the as imprudent, or did not meet the agency if there are concerns with the ACTION: Notice. purposes of the Recovery Act. Once infrastructure investment. An update of SUMMARY: The proposed information CDBG–R assisted activities meet a the status of activities identified here collection requirement described below national objective and are physically must be reported quarterly in has been submitted to the Office of complete, grantees may proceed in federalreporting.gov. In addition, not Management and Budget (OMB) for closing out their CDBG–R programs. later than 30 calendar days after the end review, as required by the Paperwork Grantees must complete their final of each calendar quarter, each agency Reduction Act. The Department is reports in federalreporting.gov before that made Recovery Act funds available soliciting public comments on the closing out their CDBG–R grants. HUD to any recipient shall make the subject proposal. expects grantees to be ready to begin information in reports submitted This request identifies the estimated closing out their grants by March 31, publicly available by posting the reporting burden associated with the 2013. Once final reports are completed information on a Web site. Grantees that reporting of CDBG–R assisted activities in federalreporting.gov, grantees may have ongoing CDBG–R assisted as they are completed and closing out begin the process of closing out their activities are required to continue the CDBG–R program. The American CDBG–R grants. This process requires reporting quarterly on those activities Recovery and Reinvestment Act of 2009 grantees to submit their final until they are completed. Information (Recovery Act) appropriated $1 Billion federalreporting.gov report and prepare must be submitted using HUD’s IDIS in Community Development Block and submit a CDBG–R Program Grantee system and in federalreporting.gov. Grant (CDBG) funds to states and local Closeout Certification, a CDBG–R Pursuant to Section 1512 of the governments that received CDBG closeout checklist, Grant Closeout Recovery Act, CDBG–R grantees must funding in Fiscal Year 2008 to carry out, Agreement, and a Federal Financial enter the data into IDIS on a quarterly

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14327

basis for generation of reports by HUD on those who are to respond; including closing out their CDBG–R grants. HUD or other entities. In addition, grantees through the use of appropriate expects grantees to be ready to begin are required to submit reports in automated collection techniques or closing out their grants by March 31, federalreporting.gov on a quarterly other forms of information technology, 2013. Once final reports are completed basis. Grantees will report in IDIS and e.g., permitting electronic submission of in federalreporting.gov, grantees may federalreporting.gov for CDBG–R responses. begin the process of closing out their assisted activities, recordkeeping This notice also lists the following CDBG–R grants. This process requires requirements, and reporting information: grantees to submit their final Title of Proposed: Community requirements. The Recovery Act federalreporting.gov report and prepare development Block Grant Recovery imposes additional reporting and submit a CDBG–R Program Grantee requirements including, but not limited (CDBG–R) Program. OMB Approval Number: 2506–0184. Closeout Certification, a CDBG–R to, information on the environmental closeout checklist, Grant Closeout review process, the expected Form Numbers: None. Agreement, and a Federal Financial completion of the activity, the type of Description of the need for the Report (SF 425) to local HUD Field activity, and the location of the activity. information and proposed use: This request identifies the estimated Offices. The Recovery Act requires that DATES: Comments Due Date: April 4, reporting burden associated with the not later than 10 days after the end of 2013. reporting of CDBG–R assisted activities each activity; and (E) for infrastructure ADDRESSES: Interested persons are as they are completed and closing out investments made by State and local invited to submit comments regarding the CDBG–R program. The American governments, the purpose, total cost, this proposal. Comments should refer to Recovery and Reinvestment Act of 2009 and rationale of the agency for funding the proposal by name and/or OMB (Recovery Act) appropriated $1 Billion the infrastructure investment with funds approval Number (2506–0184) and in Community Development Block made available under the Recovery Act should be sent to: HUD Desk Officer, Grant (CDBG) funds to states and local and name of the person to contact at the Office of Management and Budget, New governments that received CDBG agency if there are concerns with the Executive Office Building, Washington, funding in Fiscal Year 2008 to carry out, infrastructure investment. An update of DC 20503; fax: 202–395–5806. Email: on an expedited basis, eligible activities the status of activities identified here [email protected] fax: under the CDBG program. The purpose must be reported quarterly in 202–395–5806. of the CDBG–R funding was to stimulate federalreporting.gov. In addition, not FOR FURTHER INFORMATION CONTACT: the economy through measures that later than 30 calendar days after the end Colette Pollard, Reports Management modernized the Nation’s infrastructure, of each calendar quarter, each agency Officer, QDAM, Department of Housing improved energy efficiency, and that made Recovery Act funds available and Urban Development, 451 Seventh expanded educational opportunities and to any recipient shall make the Street SW., Washington, DC 20410; access to health care. All CDBG–R funds information in reports submitted email Colette Pollard at Colette. were required to be expended by publicly available by posting the [email protected]. or telephone (202) September 30, 2012. Any CDBG–R information on a Web site. Grantees that 402–3400. This is not a toll-free number. funds remaining after that date were have ongoing CDBG–R assisted Copies of available documents recaptured by HUD and returned to submitted to OMB may be obtained Treasury. The Recovery Act did not activities are required to continue from Ms. Pollard. specify a requirement regarding the date reporting quarterly on those activities SUPPLEMENTARY INFORMATION: This for completion of CDBG–R assisted until they are completed. Information notice informs the public that the activities, although grantees were must be submitted using HUD’s IDIS Department of Housing and Urban required to give preference to activities system and in federalreporting.gov. Development has submitted to OMB a that could be started and completed Pursuant to Section 1512 of the request for approval of the Information expeditiously. While the CDBG–R Recovery Act, CDBG–R grantees must collection described below. This notice expenditure deadline has passed, all enter the data into IDIS on a quarterly is soliciting comments from members of CDBG–R assisted activities have not basis for generation of reports by HUD the public and affecting agencies been completed. New activities were or other entities. In addition, grantees concerning the proposed collection of added over time when grantees are required to submit reports in information to: (1) Evaluate whether the amended their 2008 substantial federalreporting.gov on a quarterly proposed collection of information is amendments to add such activities basis. Grantees will report in IDIS and necessary for the proper performance of because previously identified activities federalreporting.gov for CDBG–R the functions of the agency, including came in under budget, were identified assisted activities, recordkeeping whether the information will have as imprudent, or did not meet the requirements, and reporting practical utility; (2) Evaluate the purposes of the Recovery Act. Once requirements. The Recovery Act accuracy of the agency’s estimate of the CDBG–R assisted activities meet a imposes additional reporting burden of the proposed collection of national objective and are physically requirements including, but not limited information; (3) Enhance the quality, complete, grantees may proceed in to, information on the environmental utility, and clarity of the information to closing out their CDBG–R programs. review process, the expected be collected; and (4) Minimize the Grantees must complete their final completion of the activity, the type of burden of the collection of information reports in federalreporting.gov before activity, and the location of the activity.

Number of Annual × Hours per Burden respondents responses response hours

Reporting Burden ...... 1,196 4 32 153,088

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14328 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Total Estimated Burden Hours: supported Healthy Homes programs are Department of Housing and Urban 153,088. sustained. Development has submitted to OMB a Status: Reinstatement with change of OHHLHC intends to administer an request for approval of the Information a currently approved collection. online questionnaire for up to 30 HHD collection described below. This notice Authority: Section 3507 of the Paperwork grantees. This questionnaire will is soliciting comments from members of Reduction Act of 1995, 44 U.S.C. 35, as capture key project information to the public and affecting agencies amended. supplement information already concerning the proposed collection of information to: (1) Evaluate whether the Dated: February 27, 2013. available in reports and manuscripts from the approximately 54 HHD grants proposed collection of information is Colette Pollard, necessary for the proper performance of Department Reports Management Officer, that were awarded from fiscal years 2005 to 2009, including any 2004 grant the functions of the agency, including Office of the Chief Information Officer. whether the information will have [FR Doc. 2013–05085 Filed 3–4–13; 8:45 am] not included in the earlier evaluation, and any more recent grantee whose practical utility; (2) Evaluate the BILLING CODE 4210–67–P grant ends this fiscal year. OHHLHC is accuracy of the agency’s estimate of the especially interested in determining burden of the proposed collection of information; (3) Enhance the quality, DEPARTMENT OF HOUSING AND whether any of the grantee’s data sets utility, and clarity of the information to URBAN DEVELOPMENT (i.e., resulting from project evaluation) would be of value to OHHLHC for be collected; and (4) Minimize the [Docket No. FR–5683–N–15] additional analyses. After a review of burden of the collection of information available reports and manuscripts, on those who are to respond; including Notice of Submission of Proposed OHHLHC anticipates roughly half of through the use of appropriate Information Collection to OMB: Survey these grantees (up to 30) will be asked automated collection techniques or and Collection of Information From to complete the online questionnaire. other forms of information technology, HUD Healthy Housing Demonstration OHHLHC will target those grantees that e.g., permitting electronic submission of Grantees have carried out the greatest number of responses. This notice also lists the following AGENCY: Office of the Chief Information interventions, collected the most detailed evaluation data on cost, health information: Officer, HUD. Title of Proposed: Survey and ACTION: Notice. and housing impacts and outcomes, and can demonstrate significant capacity- Collection From HUD Healthy Housing Demonstration Grantees. SUMMARY: building and sustainable approaches to The proposed information OMB Approval Number: 2539–New. collection requirement described below guide policy development and guidance Form Numbers: None. has been submitted to the Office of for future healthy homes efforts. A Description of the need for the Management and Budget (OMB) for questionnaire was developed for the information and proposed use: The review, as required by the Paperwork 2005 evaluation that captured key mission of HUD’s Healthy Homes Reduction Act. The Department is information about recruitment/ Program is ‘‘To reduce health and safety soliciting public comments on the enrollment, assessment, interventions, hazards in housing in a comprehensive subject proposal. skills training, and community and cost effective manner, with a The mission of HUD’s Healthy Homes education/outreach in HHI grantee particular focus on protecting the health Program is ‘‘To reduce health and safety projects. This questionnaire will be of children and other sensitive hazards in housing in a comprehensive modified for this new data collection populations in low income and cost effective manner, with a effort. The online questionnaire will be households.’’ (Leading Our Nation to particular focus on protecting the health administered through a secure Web site. Healthier Homes: The Healthy Homes of children and other sensitive DATES: Comments Due Date: April 4, Strategic Plan, U.S. Department of populations in low income 2013. Housing and Urban Development Office households.’’ (Leading Our Nation to ADDRESSES: of Healthy Homes and Lead Hazard Healthier Homes: The Healthy Homes Interested persons are invited to submit comments regarding Control, 2010, p. 7.) An evaluation and Strategic Plan, U.S. Department of summarization of grants awarded under Housing and Urban Development Office this proposal. Comments should refer to the proposal by name and/or OMB the program was last completed in 2005 of Healthy Homes and Lead Hazard (‘‘An Evaluation of HUD’s Healthy Control, 2010, p. 7.) An evaluation and approval Number (2539–New) and should be sent to: HUD Desk Officer, Homes Initiative: Current Findings and summarization of grants awarded under Outcomes,’’ Healthy Housing Solutions, the program was last completed in 2005 Office of Management and Budget, New Executive Office Building, Washington, March 5, 2007). The objectives of the (‘‘An Evaluation of HUD’s Healthy Healthy Homes Demonstration (HHD) Homes Initiative: Current Findings and DC 20503; fax: 202–395–5806. Email: OIRA [email protected]. grants that will be evaluated through the Outcomes,’’ Healthy Housing Solutions, effort described in this notice include: FOR FURTHER INFORMATION CONTACT: March 5, 2007). The objectives of the • Carrying out direct remediation Healthy Homes Demonstration (HHD) Colette Pollard, Reports Management where housing-related hazards may grants that will be evaluated through the Officer, QDAM, Department of Housing contribute to injury or illness, with a effort described in this notice include: and Urban Development, 451 Seventh focus on children’s health; • Carrying out direct remediation Street SW., Washington, DC 20410; e- • Delivering education and outreach where housing-related hazards may mail Colette Pollard at activities to protect children from contribute to injury or illness, with a [email protected]. or telephone housing-related hazards; and focus on children’s health; (202) 402–3400. This is not a toll-free • Building capacity to increase the • Delivering education and outreach number. Copies of available documents probability that aspects of grant- activities to protect children from submitted to OMB may be obtained supported Healthy Homes programs are housing-related hazards; and from Ms. Pollard. sustained. • Building capacity to increase the SUPPLEMENTARY INFORMATION: This OHHLHC intends to administer an probability that aspects of grant- notice informs the public that the online questionnaire for up to 30 HHD

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14329

grantees. This questionnaire will would be of value to OHHLHC for guide policy development and guidance capture key project information to additional analyses. After a review of for future healthy homes efforts. A supplement information already available reports and manuscripts, questionnaire was developed for the available in reports and manuscripts OHHLHC anticipates roughly half of 2005 evaluation that captured key from the approximately 54 HHD grants these grantees (up to 30) will be asked information about recruitment/ that were awarded from fiscal years to complete the online questionnaire. enrollment, assessment, interventions, 2005 to 2009, including any 2004 grant OHHLHC will target those grantees that skills training, and community not included in the earlier evaluation, have carried out the greatest number of education/outreach in HHI grantee and any more recent grantee whose interventions, collected the most projects. This questionnaire will be grant ends this fiscal year. OHHLHC is detailed evaluation data on cost, health modified for this new data collection especially interested in determining and housing impacts and outcomes, and effort. The online questionnaire will be whether any of the grantee’s data sets can demonstrate significant capacity- administered through a secure Web site. (i.e., resulting from project evaluation) building and sustainable approaches to

TOTAL BURDEN ESTIMATE

Number of Hours per Requirement respondents respondent Total hours Cost per hour Labor cost Startup cost O&M cost Total cost

Complete ques- tionnaire ...... 30 16 480 $32.75 $15,720 $0 $0 $15,720

Total ...... 30 16 480 ...... $15,720 $0 $0 $15,720

Status: New collection. criteria for plan approval, and eligible January 29, 2013)(Appropriations Act) Authority: Section 3507 of the Paperwork disaster recovery activities. makes available $16,000,000,000 in Reduction Act of 1995, 44 U.S.C. 35, as DATES: Effective Date: March 11, 2013. Community Development Block Grant amended FOR FURTHER INFORMATION CONTACT: Stan (CDBG) funds for necessary expenses Dated: February 27, 2013. Gimont, Director, Office of Block Grant related to disaster relief, long-term Colette Pollard, Assistance, Department of Housing and recovery, restoration of infrastructure Department Reports Management Officer, Urban Development, 451 7th Street SW., and housing, and economic Office of the Chief Information Officer. Room 7286, Washington, DC 20410, revitalization in the most impacted and [FR Doc. 2013–05080 Filed 3–4–13; 8:45 am] telephone number 202–708–3587. distressed areas resulting from a major BILLING CODE 4210–67–P Persons with hearing or speech disaster declared pursuant to the Robert impairments may access this number T. Stafford Disaster Relief and via TTY by calling the Federal Relay Emergency Assistance Act of 1974 (42 DEPARTMENT OF HOUSING AND Service at 800–877–8339. Facsimile U.S.C. 5121 et seq.) (Stafford Act), due URBAN DEVELOPMENT inquiries may be sent to Mr. Gimont at to Hurricane Sandy and other eligible [Docket No. FR–5696–N–01] 202–401–2044. (Except for the ‘‘800’’ events in calendar years 2011, 2012, and number, these telephone numbers are 2013. The law provides that funds shall Allocations, Common Application, not toll-free.) Email inquiries may be be awarded directly to a State or unit of _ Waivers, and Alternative Requirements sent to disaster [email protected]. general local government (UGLG) for Grantees Receiving Community SUPPLEMENTARY INFORMATION: (hereafter local government) at the Development Block Grant (CDBG) Table of Contents discretion of the Secretary. Unless noted Disaster Recovery Funds in Response otherwise, the term ‘‘grantee’’ refers to to Hurricane Sandy I. Allocation any jurisdiction receiving a direct award II. Use of Funds AGENCY: Office of the Assistant III. Timely Expenditure of Funds, and under from HUD under this Notice. Secretary for Community Planning and Prevention of Fraud, Abuse, and To comply with statutory direction Development, HUD. Duplication of Benefits that funds be used for disaster-related ACTION: Notice. IV. Authority to Grant Waivers expenses in the most impacted and V. Overview of Grant Process distressed areas, HUD computes SUMMARY: This Notice advises the public VI. Applicable Rules, Statutes, Waivers, and of the initial allocation of Alternative Requirements allocations based on the best available $5,400,000,000 of Community A. Grant Administration data that cover all the eligible affected Development Block Grant disaster B. Housing and Related-Floodplain Issues areas. This Notice allocates funds based recovery (CDBG–DR) funds C. Infrastructure on unmet housing and economic D. Economic Revitalization appropriated by the Disaster Relief revitalization needs, but not E. Certifications and Collection of infrastructure restoration needs as Appropriations Act, 2013 (Pub. L. 113– Information 2) for the purpose of assisting recovery VII. Duration of Funding FEMA damage estimates are very in the most impacted and distressed VIII. Catalog of Federal Domestic Assistance preliminary as of the date of this Notice. areas declared a major disaster due to IX. Finding of No Significant Impact Based on a review of the impacts from Hurricane Sandy. This Notice describes Appendix A: Allocation Methodology Hurricane Sandy, and estimates of applicable waivers and alternative I. Allocation unmet need calculated by the requirements, relevant statutory Department, this Notice provides the provisions for grants provided under The Disaster Relief Appropriations following Round 1 awards: this Notice, the grant award process, Act, 2013 (Pub. L. 113–2, approved

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14330 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

TABLE 1—ROUND 1 ALLOCATIONS UNDER PUBLIC LAW 113–2

FEMA Disaster No. State Grantee Allocation

4085 ...... New York ...... New York City ...... $1,772,820,000 4085 ...... New York ...... New York State ...... 1,713,960,000 4086 ...... New Jersey ...... New Jersey ...... 1,829,520,000 4087 ...... Connecticut ...... Connecticut ...... 71,820,000 4089 ...... Rhode Island ...... Rhode Island ...... 3,240,000 4091 ...... Maryland ...... Maryland ...... 8,640,000

Total ...... 5,400,000,000

Table 2 shows the ‘‘most impacted remaining unmet needs in declared this Notice must address unmet needs and distressed’’ counties impacted by counties impacted by Hurricane Irene within the ‘‘most impacted and Hurricane Sandy. While these funds and Tropical Storm Lee in 2011, at least distressed’’ counties identified in Table may also be used by states to address 80 percent of the funds provided under 2.

TABLE 2—MOST IMPACTED AND DISTRESSED COUNTIES WITHIN WHICH FUNDS MAY BE EXPENDED

Minimum amount that must be expended in Grantee Counties within which CDBG–DR funds may be Most impacted and distressed counties most impacted expended nd distressed counties (percent)

New York City ...... All Counties ...... All Counties ...... 100 New York ...... Nassau, Suffolk, Rockland, Westchester, Ulster, Nassau, Suffolk, Rockland ...... 80 Orange, Putnam, Sullivan, Schoharie, Tioga, Broome, Greene, and all Counties in New York City. New Jersey ...... All Counties ...... Ocean, Monmouth, Atlantic, Hudson, Bergen, 80 Middlesex, Cape May, Union, Essex. Connecticut ...... Fairfield, Mashantucket Pequot Indian Reserva- Fairfield, New Haven ...... 80 tion, Middlesex, New Haven, New London. Rhode Island ...... Washington, Newport ...... Washington ...... 80 Maryland ...... Somerset ...... Somerset ...... 100

In addition to the funds allocated in date, a policy to address qualifying impacted and distressed areas. Thus, in this Notice, and in accordance with the events in 2013. an Action Plan for Disaster Recovery, Appropriations Act, $10,000,000 will be Each grantee receiving an allocation grantees must describe uses and transferred to the Department’s Office of under this Notice must submit an initial activities that: (1) are authorized under Community Planning and Development Action Plan for Disaster Recovery no title I of the Housing and Community (CPD), Program Office Salaries and later than 90 days after the effective date Development Act of 1974 (42 U.S.C. Expenses, for necessary costs, including of this Notice. However, grantees are 5301 et seq.) (HCD Act) or allowed by information technology costs, of encouraged to submit their Action Plans a waiver or alternative requirement administering and overseeing CDBG–DR as soon as possible. HUD will only published in this Notice; and (2) funds made available under the approve Action Plans that meet the respond to a disaster-related impact. To Appropriations Act; $10,000,000 will specific criteria identified in this Notice. help meet these requirements, grantees also be transferred to the Office of the For more information on the Action must conduct an assessment of Inspector General for necessary costs of Plan requirements, see paragraph A.1 community impacts and unmet needs to overseeing and auditing CDBG–DR under section VI of this Notice: guide the development and funds made available under the ‘‘Applicable Rules, Statutes, Waivers, prioritization of planned recovery Appropriations Act. and Alternative Requirements.’’ activities. For more guidance on the A detailed explanation of HUD’s II. Use of Funds needs assessment and the creation of the allocation methodology is provided at Action Plan, see paragraph A.1 under Appendix A. As more detailed and The Appropriations Act requires section VI of this Notice. complete damage assessments become funds to be used only for specific available, HUD will conduct an disaster-related purposes. The law also Additionally, as provided by the HCD additional review of unmet long-term requires that prior to the obligation of Act, funds may be used as a matching disaster recovery needs. This review funds, a grantee shall submit a plan requirement, share, or contribution for will inform a second allocation of funds detailing the proposed use of funds, any other Federal program when used to to address the effects of Hurricane including criteria for eligibility and how carry out an eligible CDBG–DR activity. Sandy. A forthcoming allocation will the use of these funds will address This includes programs or activities address other qualifying disasters that disaster relief, long-term recovery, administered by the Federal Emergency occurred in 2011 or 2012. The restoration of infrastructure and housing Management Agency (FEMA) or the U.S. Department will establish, at a future and economic revitalization in the most Army Corps of Engineers (USACE).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14331

III. Timely Expenditure of Funds and requirements. For a complete listing of that the Secretary administers in Prevention of Waste, Fraud, Abuse, and the required documentation, see connection with the obligation by the Duplication of Benefits paragraph A.1.i under section VI of this Secretary or the use by the recipient of To ensure the timely expenditure of Notice. these funds (except for requirements funds, section 904(c) under Title IX of Additionally, this Notice requires related to fair housing, the Appropriations Act requires that all grantees to submit to the Department a nondiscrimination, labor standards, and funds be expended within two years of projection of expenditures and the environment). Waivers and the date HUD obligates funds to a outcomes to ensure funds are expended alternative requirements are based upon grantee (funds are obligated to a grantee in a timely manner. The projections a determination by the Secretary that upon HUD’s signing of the grantee’s must be based on each quarter’s good cause exists and that the waiver or expected performance—beginning the CDBG–DR grant agreement). Action alternative requirement is not quarter funds are available to the Plans must demonstrate how funds will inconsistent with the overall purposes grantee and continuing each quarter be fully expended within two years of of title I of the HCD Act. Regulatory until all funds are expended. Each obligation. For any funds that the waiver authority is also provided by 24 grantee must amend its Action Plan to grantee believes will not be expended CFR 5.110, 91.600, and 570.5. include these projections within 90 days by the deadline, it must submit a letter of Action Plan approval. Action Plans V. Overview of Grant Process to HUD justifying why it is necessary to must also be amended to reflect any extend the deadline for a specific To begin expenditure of CDBG–DR subsequent changes, updates, or portion of funds. The letter must detail funds, the following expedited steps are revision of the projections. Amending necessary: the compelling legal, policy, or Action Plans to accommodate these • Grantee adopts citizen participation operational challenges for any such changes is not considered to be a plan for disaster recovery in accordance waiver, and must also identify the date substantial amendment. Guidance on with the requirements of this Notice; by when the specified portion of funds the preparation of projections is • will be expended. HUD will forward the available on HUD’s Web site under the Grantee consults with stakeholders, request to the Office of Management and Office of Community Planning and including required consultation with Budget (OMB) and publish any Development, Disaster Recovery affected, local governments and public approved waivers in the Federal Assistance (herein also referred to as the housing authorities (as identified in Register once granted. Waivers to CPD Disaster Recovery Web site). This section VI of this Notice); extend the expenditure deadline may be will enable HUD, the public, and the • Within 30 days of the effective date granted by OMB in accordance with grantee, to track proposed versus actual of this Notice (or when the grantee guidance to be issued by OMB, but performance. For more information on submits its Action Plan, whichever is grantees are cautioned that such waivers the projection requirements, see sooner), grantee submits evidence that it may not be approved. Funds remaining paragraph A.1.l under section VI of this has in place proficient financial controls in the grantee’s line of credit at the time Notice. and procurement processes and has of its expenditure deadline will be Grantees are also required to ensure established adequate procedures to returned to the U.S. Treasury, or if all contracts (with subrecipients, prevent any duplication of benefits as before September 30, 2017, will be recipients, and contractors) clearly defined by section 312 of the Stafford recaptured by HUD. The Appropriations stipulate the period of performance or Act, ensure timely expenditure of funds, Act requires that HUD obligate all funds the date of completion. In addition, maintain comprehensive Web sites not later than September 30, 2017. grantees must enter expected regarding all disaster recovery activities Grantees must continue to meet the completion dates for each activity in assisted with these funds, and detect requirements for Federal cash HUD’s Disaster Recovery Grant and prevent waste, fraud, and abuse of management at 24 CFR 85.20(a)(7). Reporting (DRGR) system. When target funds; In addition to the above, the dates are not met, grantees are required • Grantee publishes its Action Plan Appropriations Act requires the to explain why in the activity narrative. for Disaster Recovery on the grantee’s Secretary to certify, in advance of For additional guidance on DRGR official web site for no less than 7 signing a grant agreement, that the system reporting requirements, see calendar days to solicit public comment; grantee has in place proficient financial paragraph A.2 under section VI of this • Grantee responds to public controls and procurement processes and Notice. More information on the timely has established adequate procedures to comment and submits its Action Plan expenditure of funds is included in (which includes Standard Form 424 prevent any duplication of benefits as paragraphs A.24–27 under section VI of defined by section 312 of the Stafford (SF–424) and certifications) to HUD no this Notice. later than 90 days after the effective date Act, ensure timely expenditure of funds, Other reporting, procedural, and maintain comprehensive Web sites of this Notice; monitoring requirements are discussed • regarding all disaster recovery activities under ‘‘Grant Administration’’ in HUD expedites review of Action assisted with these funds, and detect section VI of this Notice. The Plan (allotted 45 days from date of and prevent waste, fraud, and abuse of Department will institute risk analysis receipt; however, completion of review funds. Departmental guidance to assist and on-site monitoring of grantee is anticipated much sooner) and in preventing a duplication of benefits management as well as collaborate with approves the Plan according to criteria is provided in a notice published in the the HUD Office of Inspector General to identified in this Notice; Federal Register at 76 FR 71060 plan and implement oversight of these • HUD sends an Action Plan approval (November 16, 2011) and in paragraph funds. letter, grant conditions, and signed grant A.21 under section VI of this Notice. To agreement to the grantee. If the Action provide a basis for the Secretary to make IV. Authority To Grant Waivers Plan is not approved, a letter will be the certification, each grantee must The Appropriations Act authorizes sent identifying its deficiencies; the submit documentation to the the Secretary to waive, or specify grantee must then re-submit the Action Department demonstrating its alternative requirements for, any Plan within 45 days of the notification compliance with the above provision of any statute or regulation letter;

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14332 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

• Grantee ensures that the HUD- from the Department as needed to and submit an acceptable Action Plan in approved Action Plan is posted on its address specific needs related to their a timely manner, a grantee may elect to official Web site; recovery activities. Except where noted, program or budget only a portion of the • Grantee signs and returns the fully waivers and alternative requirements grantee’s CDBG–DR award in an Action executed grant agreement; described below apply to all grantees Plan. Funds dedicated for uses not • HUD establishes the proper amount under this Notice. Under the described in accordance with in a line of credit for the grantee; requirements of the Appropriations Act, paragraphs b (applicable to State • Grantee requests and receives DRGR regulatory waivers must be published in grantees) or c (applicable to UGLG system access (if the grantee does not the Federal Register no later than five grantees) under this section will not be already have it); days before the effective date of such obligated until the grantee submits, and • If it has not already done so, grantee waiver. HUD approves, an Action Plan enters the activities from its published Except as described in this Notice, amendment programming the use of Action Plan into DRGR and submits it statutory and regulatory provisions those funds at the necessary level of to HUD within the system (funds can be governing the State CDBG program shall detail. Although a grantee may submit a drawn from the line of credit only for apply to any State receiving an partial Action Plan, the partial Action activities that are established in DRGR); allocation under this Notice while Plan must be amended one or more • The grantee may draw down funds statutory and regulatory provisions times until it describes uses for 100 from the line of credit after the governing the Entitlement CDBG percent of the grantee’s CDBG–DR Responsible Entity completes applicable program shall apply to New York City. award, subject to the limitations that environmental review(s) pursuant to 24 Applicable statutory provisions can be HUD may not obligate Appropriations CFR part 58 (or paragraph A.20 under found at 42 U.S.C. 5301 et seq. Act funds after September 30, 2017 and section VI of this Notice) and, as Applicable State and Entitlement the last date that grantees may submit applicable, receives from HUD or the regulations can be found at 24 CFR part an amendment is June 1, 2017. The State an approved Request for Release of 570. requirement to expend funds within two Funds and certification; References to the Action Plan in these years of the date of obligation will be • Grantee begins to draw down funds regulations shall refer to the Action Plan enforced relative to the activities funded within 60 days of receiving access to its required by this Notice. All references under each obligation, as applicable. line of credit; in this Notice pertaining to timelines The Action Plan must contain: • Grantee amends its published and/or deadlines are in terms of (1) An impact and unmet needs Action Plan to include its projection of calendar days unless otherwise noted. assessment. Each grantee must develop expenditures and outcomes within 90 The date of this Notice shall mean the a needs assessment to understand the days of the Action Plan approval; and effective date of this Notice unless type and location of community needs • Grantee updates its full otherwise noted. All references to to enable it to target limited resources to consolidated plan to reflect disaster- ‘‘substantial damage’’ and ‘‘substantial areas with the greatest need. At a related needs no later than its Fiscal improvement’’ shall be as defined in 44 minimum, the needs assessment must Year 2015 consolidated plan update. CFR 59.1 unless otherwise noted. evaluate three core aspects of recovery— housing, infrastructure, and the VI. Applicable Rules, Statutes, Waivers, A. Grant Administration. economy (e.g., estimated job losses). The and Alternative Requirements 1. Action Plan for Disaster Recovery assessment of emergency shelter needs This section of the Notice describes waiver and alternative requirement. The and housing needs must address interim requirements imposed by the requirements for CDBG actions plans, and permanent; owner and rental; single Appropriations Act, as well as located at 42 U.S.C. 12705(a)(2), 42 family and multifamily; public, HUD- applicable waivers and alternative U.S.C. 5304(a)(1), 42 U.S.C. 5304(m), 42 assisted, affordable, and market rate. For requirements. For each waiver and U.S.C. 5306(d)(2)(C)(iii), 24 CFR 91.220, purposes of this Notice, HUD-Assisted alternative requirement described in and 91.320 are waived for funds Multifamily Housing is defined as this Notice, the Secretary has provided under the Appropriations Act. housing that: (1)(a) is part of a determined that good cause exists and Instead, each grantee must submit to multifamily housing property (defined the action is not inconsistent with the HUD an Action Plan for Disaster as five units or more), and (b) assisted overall purpose of the HCD Act. The Recovery. This streamlined Plan will by FHA insurance; or (2)(a) Housing that waivers and alternative requirements allow grantees to more quickly and receives project-based rental assistance provide additional flexibility in program effectively implement disaster recovery under HUDs’ section 202, 811 or Section design and implementation to support programs while conforming to statutory 8 programs; or (b) receives other HUD full and swift recovery following requirements. During the course of the project-based rental assistance (e.g., Hurricane Sandy, while also ensuring grant, HUD will monitor the grantee’s Rent Supplement contracts, Rental that statutory requirements unique to actions and use of funds for consistency Assistance Payments (RAP) contract this appropriation are met. As a result, with the Plan, and meeting the Interest Reduction Payments (IRP) the following requirements apply only performance and timeliness objectives Agreements; or (3) properties that have to the CDBG–DR funds appropriated in therein. Per the Appropriations Act, and active Deed Restrictions and/or a Use the Appropriations Act, and not to in addition to the requirements at 24 Agreement as a result of past HUD funds provided under the annual CFR 91.500, the Secretary may assistance. formula State or Entitlement CDBG disapprove an Action Plan if it is The assessment must also take into programs, or those provided under any determined that the Plan does not account the various forms of assistance other component of the CDBG program, satisfy all of the required elements available to, or likely to be available to, such as the Section 108 Loan Guarantee identified in this Notice. affected communities and individuals Program, the Neighborhood a. Action Plan. The Action Plan must (including estimated insurance and Stabilization Program, or any prior identify the proposed use(s) of the eligible FEMA, SBA, or other Federal CDBG–DR appropriation. grantee’s allocation, including criteria assistance) to identify disaster recovery Grantees may request additional for eligibility, and how the uses address needs that are not likely to be addressed waivers and alternative requirements long-term recovery needs. To develop by other sources of funds. Grantees must

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14333

use the best, most recent available data allocation of CDBG–DR resources by the To foster the rebuilding of more (e.g., from FEMA and SBA), cite data grantee. Such description must resilient neighborhoods and sources, and estimate the portion of demonstrate a proportionate allocation communities, HUD strongly encourages need likely to be addressed by insurance of resources relative to areas and grantees to consider sustainable proceeds, other Federal assistance, or categories (i.e., housing, economic rebuilding scenarios such as the use of any other funding source. revitalization, infrastructure) of greatest different development patterns, infill Impacts must be described by type at needs; development and its reuse, alternative the lowest geographic level practicable (3) A description of how the grantee neighborhood designs, and the use of (e.g., city/county level or lower if will promote (a) sound, sustainable green infrastructure. The Partnership for available). For example, most needs long-term recovery planning informed Sustainable Communities is an estimates will have a count of by a post-disaster evaluation of hazard interagency partnership between HUD, businesses, homeowners, and renters risk, especially land-use decisions that the Department of Transportation, and that are likely to have difficulty reflect responsible flood plain the Environmental Protection Agency. recovering within a neighborhood and management and take into account The Partnership for Sustainable community. Grantees must pay special possible sea level rise (for example, by Communities’ six Livability Principles attention to neighborhoods with high using the new FEMA floodplain maps should serve as a guide to grantees percentages of damaged homes and and designs applying the new Advisory working in areas that were substantially provide a demographic analysis (e.g., Based Flood Elevations (ABFE) or destroyed. When grantees seek to race, ethnicity, disability, age, tenure, higher), and (b) how it will coordinate rebuild such areas, grantees should income, home value, structure type) in with other local and regional planning describe how they will consider those neighborhoods to identify any efforts to ensure consistency; sustainable urban design and special needs that will need to be (4) A description of how the grantee construction in their redevelopment addressed. The needs assessment must will leverage CDBG–DR funds with planning process. The Livability also identify the types of businesses funding provided by other Federal, Principles can be found at the (including the North American Industry state, local, private, and non-profit Partnership for Sustainable Classification System code, the standard sources to generate a more effective and Communities’ Web site used by Federal statistical agencies in comprehensive recovery. Examples of www.sustainablecommunities.gov. classifying business establishments and At a minimum, HUD is requiring the other Federal sources are those provided available at www.census.gov/eos/www/ following construction standards: by HUD, FEMA (specifically the Public naics/) most impacted with a (a) Green Building Standard for Assistance Program, Individual description of their likely barriers to Replacement and New Construction of Assistance Program, and Hazard recovery. In addition, a needs Residential Housing. Grantees must Mitigation Grant Program), SBA assessment must take into account the meet the Green Building Standard in (specifically the Disaster Loans costs of incorporating mitigation and this subparagraph for: (i) all new program), U.S. Department of resiliency measures to protect against construction of residential buildings; future hazards. Examples of disaster Transportation, USACE, U.S. and (ii) all replacement of substantially- recovery needs assessments can be Environmental Protection Agency, and damaged residential buildings. found on the CPD Disaster Recovery the U.S. Department of Health and Replacement of residential buildings Web site. Human Services. The grantee must may include reconstruction (i.e., Grantees may obtain data on impacts maximize leveraging of CDBG–DR funds demolishing and re-building a housing and assistance provided that can be for the entire recovery. Leveraged funds unit on the same lot in substantially the used to (a) Support identifying shall be identified for each activity, as same manner) and may include changes individuals likely to need recovery applicable, in the DRGR system; to structural elements such as flooring assistance; (b) prevent duplication of (5) A description of how the grantee’s systems, columns or load bearing benefits risk at time of program design; programs or activities will attempt to interior or exterior walls. and (c) assist grantees with their unmet protect people and property from harm, (b) For purposes of this Notice, the needs assessment by contacting Juan Gil and how the grantee will encourage Green Building Standard means the (FEMA) via email at construction methods that emphasize grantee will require that all construction [email protected] or by calling high quality, durability, energy covered by subparagraph (a), above, (940) 898–5141 and Frank Adinolfe efficiency, a healthy indoor meet an industry-recognized standard (SBA) via email at environment, sustainability, and water that has achieved certification under at [email protected] or by calling or mold resistance, including how it least one of the following programs: (i) (202) 205–6734. HUD will also provide will support adoption and enforcement ENERGY STAR (Certified Homes or grantees with neighborhood level of modern building codes and Multifamily High Rise); (ii) Enterprise aggregate data to assist with planning. mitigation of hazard risk, including Green Communities; (iii) LEED (NC, Disaster recovery needs evolve over possible sea level rise, storm surge, and Homes, Midrise, Existing Buildings time as the full impact of a disaster is flooding, where appropriate. All O&M, or Neighborhood Development); realized and costs of damages transition rehabilitation, reconstruction, and new (iv) ICC–700 National Green Building from estimated to actual. Remaining construction should be designed to Standard; (v) EPA Indoor AirPlus recovery needs also evolve over time as incorporate principles of sustainability, (ENERGY STAR a prerequisite); or (vi) they are met by dedicated resources. As including water and energy efficiency, any other equivalent comprehensive a result, the needs assessment and resilience and mitigating the impact of green building program, including Action Plan must be amended as future disasters. Whenever feasible, regional programs such as those conditions change and additional needs grantees should follow best practices operated by the New York State Energy are identified. CDBG–DR funds may be such as those provided by the U.S. Research and Development Authority or used to reimburse the costs of Department of Energy Home Energy the New Jersey Clean Energy Program. conducting the needs assessment. Professionals: Professional (c) Standards for rehabilitation of non- (2) A description of the connection Certifications and Standard Work substantially-damaged residential between identified unmet needs and the Specifications. buildings. For rehabilitation other than

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14334 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

that described in subparagraph (a), requirement, the grantee must identify of benefits, are met and that provide for above, grantees must follow the how it will address the rehabilitation, continual quality assurance and guidelines specified in the HUD CPD mitigation, and new construction needs investigation. Some of this information Green Building Retrofit Checklist, of each impacted Public Housing may be adopted from the grantee’s available on the CPD Disaster Recovery Authority (PHA) within its jurisdiction. submission of information that is Web site. Grantees must apply these The grantee must work directly with the required for the Department’s guidelines to the extent applicable to PHA in identifying necessary costs and certification (see paragraph A.1.i, below; the rehabilitation work undertaken, ensure that adequate funding is guidance on the prevention of including the use of mold resistant dedicated to addressing the unmet duplication of benefits is available at products when replacing surfaces such needs of damaged public housing. In its paragraph A.21 of section VI). However, as drywall. When older or obsolete Action Plan, each grantee must set aside a grantee may need to include products are replaced as part of the funding to specifically address the additional details to fully inform the rehabilitation work, rehabilitation is needs described in this subparagraph; public of the grantee’s standards and required to use ENERGY STAR-labeled, Grantees are reminded that public procedures. Grantees must also describe WaterSense-labeled, or Federal Energy housing is eligible for FEMA Public their required internal audit function Management Program (FEMP)- Assistance and must ensure that there is with an organizational diagram showing designated products and appliances. For no duplication of benefits when using that responsible audit staff report example, if the furnace, air conditioner, CDBG-DR funds to assist public independently to the chief officer or windows, and appliances are replaced, housing. Information on the public board of the organization designated to the replacements must be ENERGY housing agencies impacted by the administer the CDBG–DR award STAR-labeled or FEMP-designated disaster is available on the Department’s (typically, the organization is designated products; WaterSense-labeled products Web site; by a chief elected official); (e.g., faucets, toilets, showerheads) must (7) A description of how the grantee (11) A description of the mechanisms be used when water products are will encourage the provision of housing and/or procedures that are in place or replaced. Rehabilitated housing may for all income groups that is disaster- will be put into place to detect and also implement measures recommended resistant, including a description of the prevent fraud, abuse, and in a Physical Condition Assessment activities it plans to undertake to mismanagement of funds (including (PCA) or Green Physical Needs address: (a) The transitional housing, potential conflicts of interest); permanent supportive housing, and Assessment (GPNA). (12) A description demonstrating the (d) Implementation: (i) For permanent housing needs of individuals adequacy of the grantee’s capacity, and construction projects completed, under and families (including subpopulations) the capacity of any UGLG or other construction, or under contract prior to that are homeless and at-risk of organization expected to carry out the date that assistance is approved for homelessness; (b) the prevention of low- disaster recovery programs (this the project, the grantee is encouraged to income individuals and families with assessment shall include a description apply the applicable standards to the children (especially those with incomes extent feasible, but the Green Building below 30 percent of the area median) of how the grantee will provide for Standard is not required; (ii) for specific from becoming homeless, and (c) the increasing the capacity of UGLGs or required equipment or materials for special needs of persons who are not other organizations, as needed and which an ENERGY STAR- or Water- homeless but require supportive where capacity deficiencies (e.g., Sense-labeled or FEMP-designated housing (e.g., elderly, persons with outstanding Office of Inspector General product does not exist, the requirement disabilities, persons with alcohol or audit findings) have been identified. to use such products does not apply. other drug addiction, persons with HIV/ Grantees are responsible for providing (e) HUD encourages grantees to AIDS and their families, and public adequate technical assistance to implement green infrastructure policies housing residents, as identified in 24 subrecipients or subgrantees to ensure to the extent practicable. Additional CFR 91.315(e) or 91.215(e) as the timely, compliant, and effective use tools for green infrastructure are applicable). Grantees must also assess of funds. Although UGLGs or other available at the Environmental how planning decisions may affect organizations may carry out disaster Protection Agency’s water Web site; racial, ethnic, and low-income recovery programs and projects, each Indoor AirPlus Web site; Healthy Indoor concentrations, and ways to promote the grantee under this Notice remains Environment Protocols for Home Energy availability of affordable housing in legally and financially accountable for Upgrades Web site; and ENERGY STAR low-poverty, non-minority areas where the use of all funds and may not Web site: www.epa.gov/greenbuilding. appropriate and in response to disaster- delegate or contract to any other party (6) A description of how the grantee related impacts. any inherently governmental will identify and address the (8) A description of how the grantee responsibilities related to management rehabilitation (as defined at 24 CFR plans to minimize displacement of of the funds, such as oversight (also see 570.202), reconstruction, and persons or entities, and assist any paragraph A.10 under section VI), replacement of the following types of persons or entities displaced; policy development, and financial housing affected by the disaster: public (9) A description of how the grantee management; housing (including administrative will manage program income (e.g., b. Funds awarded to a State. A State’s offices), HUD-assisted housing (defined whether subrecipients may retain it), Action Plan, or partial Action Plan, at subparagraph (1), above), McKinney- and the purpose(s) for which it may be shall describe the specific programs or Vento funded shelters and housing for used. Waivers and alternative activities the State will carry out the homeless—including emergency requirements related to program income directly, and/or how it will distribute shelters and transitional and permanent can be found in this Notice at funds to UGLGs (i.e., its method of housing for the homeless, and private paragraphs A.2 and A.17 of section VI; distribution). Each Plan must also market units receiving project-based (10) A description of monitoring describe how the State’s needs assistance or with tenants that standards and procedures that are assessment informs the allocation(s) participate in the Section 8 Housing sufficient to ensure program identified in the Plan, and how unmet Choice Voucher Program. As part of this requirements, including nonduplication needs that have been identified but not

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14335

yet addressed will be addressed in a 2 of this Notice. Additional details on Through its needs assessment and subsequent amendment to the Plan. disaster-related activities are provided Action Plan, the grantee must clearly In addition, for each program or under Section VI, parts B through D. identify the economic loss or need activity that will be carried out by the (1) Housing. Typical housing resulting from the disaster, and how the State, the Action Plan or partial Action activities include new construction and proposed activities will address that Plan must describe: (1) The projected rehabilitation of single family or loss/need. use of the CDBG–DR funds, including multifamily units (including garden (4) Preparedness and Mitigation. The the entity administering the program/ apartments, condominiums, and units Appropriations Act states that funds activity, budget, and geographic area; (2) that participate in a housing shall be used for recovering from a the threshold factors or applicant cooperative). Most often, grantees use Presidentially-declared major disaster. eligibility criteria, grant size limits, and CDBG–DR funds to rehabilitate damaged As such, all activities must respond to proposed start and end dates; (3) how homes and rental units; rehabilitation the impacts of the declared disaster. the projected use will meet CDBG activities may include the costs HUD strongly encourages grantees to eligibility criteria and a national associated with mold remediation. incorporate preparedness and mitigation objective; (4) how the projected use However, grantees may also fund new measures into all rebuilding activities, relates to a specific impact of the construction or rehabilitate units not which helps to ensure that communities disaster and will result in long-term damaged by the disaster if the activity recover to be safer, stronger, and more recovery; and (5) estimated and clearly addresses a disaster-related resilient. Incorporation of these quantifiable performance outcomes (i.e., impact and is located in a disaster- measures also reduces costs in a performance measure) relative to the affected area. This impact can be recovering from future disasters. identified unmet need. demonstrated by the disaster’s overall Mitigation measures that are not When the State uses a method of effect on the quality, quantity, and incorporated into rebuilding activities distribution to allocate funds to UGLGs, affordability of the housing stock and must be a necessary expense related to it must describe all criteria used to the resulting inability of the existing disaster relief, long-term recovery, and determine the distribution, including stock to meet post-disaster needs and restoration of infrastructure, housing, or the relative importance of each population demands. economic revitalization. Furthermore, criterion. (2) Infrastructure. Typical the costs associated with these measures c. Funds awarded directly to an infrastructure activities include the may not prevent the grantee from UGLG. The UGLG’s Action Plan, or rehabilitation, replacement, or meeting unmet needs. partial Action Plan, shall describe relocation of damaged public facilities (5) Connection to the Disaster. Each specific programs and/or activities it and improvements. grantee must document how each will carry out directly or through (3) Economic Revitalization. Without activity is connected to the disaster for subrecipients, including other local the return of businesses and jobs to a which it is receiving CDBG assistance. governments. Each Plan must also disaster-impacted area, recovery may be In regard to physical losses, damage or describe how the UGLG’s needs impossible. Therefore, HUD strongly insurance estimates are often the most assessment informed the allocation(s) encourages grantees to envision effective tool for demonstrating the identified in the Plan, and how unmet economic revitalization as a cornerstone connection to the disaster. For economic needs that have been identified but not to long-term recovery. Economic or other non-physical losses, post- yet addressed will be addressed in a revitalization is not limited to activities disaster analyses or assessments may subsequent amendment to the Plan. that are ‘‘special economic document the relationship between the In addition, for each program or development’’ activities under the HCD loss and the disaster. activity that will be carried out by the Act, or to activities that create or retain Grantees are not limited in their UGLG or through a subrecipient, the jobs. For CDBG–DR purposes, economic recovery to returning to pre-disaster Action Plan or partial Action Plan must revitalization can include any activity conditions. Rather, HUD encourages describe: (1) The projected use of the that demonstrably restores and grantees to carry out activities that not CDBG–DR funds, including the entity improves the local or regional economy, only address disaster-related impacts, administering the program/activity, such as addressing job losses. Examples but leave communities sustainably budget, and geographic area; (2) the of eligible activities include providing positioned to meet the needs of their threshold factors or applicant eligibility loans and grants to businesses, funding post-disaster populations and to further criteria, grant size limits, and proposed job training, building education prospects for growth. start and end dates; (3) how the facilities to teach technical skills, e. Use of funds for disasters not projected use will meet CDBG eligibility making improvements to commercial/ covered by the Appropriations Act. criteria and a national objective; (4) how retail districts, and financing other CDBG–DR funds awarded under this the projected use relates to a specific efforts that attract/retain workers in Notice are limited to activities that impact of the disaster and will result in devastated communities. respond to the disasters identified in long-term recovery; and (5) estimated Local and regional economic section I, Table 1, and areas that have and quantifiable performance outcomes recoveries are typically driven by small Presidential disaster declarations for (i.e., a performance measure) relative to businesses. To target assistance to small Hurricane Irene and Tropical Storm Lee the identified unmet need. businesses, the Department is instituting as described in section I, Allocation. d. Clarification of disaster-related an alternative requirement to the However, funds awarded in this Notice activities. All CDBG–DR activities must provisions at 42 U.S.C. 5305(a) to may be used to address an unmet need clearly address an impact of the disaster prohibit grantees from assisting that arose from a previous disaster, for which funding was appropriated. businesses, including privately owned which was exacerbated by a disaster This means each activity must be CDBG- utilities, that do not meet the definition cited in this Notice. If an impact or need eligible (or receive a waiver), meet a of a small business as defined by SBA originating from a disaster identified in national objective, and address a direct at 13 CFR part 121. this Notice is subsequently exacerbated or indirect impact from the disaster in All economic revitalization activities by a future disaster, funds under this a county covered by a Presidential must address an economic impact(s) Notice may also be used to address the disaster declaration and cited in Table caused by the disaster (e.g., loss of jobs). resulting exacerbated unmet need.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14336 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

f. Use of the urgent need national Appropriations Act, 24 CFR 91.500 has address each of the questions in the objective. The certification requirements been augmented with the following monitoring checklist and which for the documentation of urgent need, requirements. The initial Action Plan personnel or unit are responsible for located at 24 CFR 570.208(c) and 24 must be submitted to HUD (including each checklist item. CFR 570.483(d), are waived for the Standard Form 424 (SF–424) and (2) Procurement. A grantee has in grants under this Notice until two years certifications) within 90 days of the date place a proficient procurement process after the date HUD obligates funds to a of this Notice. HUD will expedite its if the: grantee for the activity. In the context of review of each Action Plan—taking no (a) Grantee has adopted the specific disaster recovery, these standard more than 45 days from the date of procurement standards identified in 24 requirements may prove burdensome receipt to complete its review. The CFR 85.36. The grantee must provide a and redundant. Since the Department Secretary may disapprove an Action copy of its procurement standards and only provides CDBG–DR awards to Plan if it is determined that the Plan indicate the sections of its procurement grantees with documented disaster- does not meet the requirements of this standards that incorporate 24 CFR related impacts (as supported by data Notice. 85.36. The procedures should also provided by FEMA, SBA, and other i. Certification of proficient controls, indicate which personnel or unit are sources), and each grantee is limited to processes and procedures. The responsible for each item; or spending funds only in counties with a Appropriations Act requires that the (b) Grantee’s procurement process/ Presidential disaster declaration of Secretary certify, in advance of signing standards are equivalent to the recent origin respective to each a grant agreement, that the grantee has procurement standards at 24 CFR 85.36 appropriation, the following temporary, in place proficient financial controls (applicable to State grantees only). streamlined alternative requirement and procurement processes and has Grantee must provide its procurement recognizes the inherent urgency in established adequate procedures to standards and indicate the sections of addressing the serious threat to prevent any duplication of benefits as its procurement standards that align community welfare following a major defined by section 312 of the Stafford with each procurement provision of 24 disaster. Act, ensure timely expenditure of funds, CFR 85.36. The procedures should also Grantees need not issue formal maintain comprehensive Web sites indicate which personnel or unit are certification statements to qualify an regarding all disaster recovery activities responsible for the task. activity as meeting the urgent need assisted with these funds, and detect (3) Duplication of benefits. A grantee national objective. Instead, each grantee and prevent waste, fraud, and abuse of has adequate procedures to prevent the receiving a direct award under this funds. duplication of benefits when it provides Notice must document how all To enable the Secretary to make the to HUD a uniform prevention of programs and/or activities funded under certification, each grantee must submit duplication of benefits procedure the urgent need national objective the items listed below to the grantee’s wherein the grantee identifies its respond to a disaster-related impact designated HUD representative. The processes for each of the following: identified by the grantee. This waiver information must be submitted within verifying all sources of disaster and alternative requirement allows 30 days of the effective date of this assistance; determining an applicant’s grantees to more effectively and quickly Notice, or with the grantee’s submission unmet need(s) before awarding implement disaster recovery programs. of its Action Plan, whichever date is assistance; and ensuring beneficiaries Grantees must reference in their Action earlier. Grant agreements will not be agree to repay the assistance if they later Plan the type, scale, and location of the executed until HUD has issued a receive other disaster assistance for the disaster-related impacts that each certification in response to the grantee’s same purpose. The procedures should program and/or activity is addressing. submission. also indicate which personnel or unit Grantees must identify these disaster- (1) Financial Control Checklist. A are responsible for the task. related impacts in their Action Plan grantee has in place proficient financial Departmental guidance to assist in needs assessment. The needs controls if each of the following criteria preventing a duplication of benefits is assessment must be updated as new or are satisfied: provided in a notice published in the more detailed/accurate disaster-related (a) Most recent OMB Circular A–133 Federal Register at 76 FR 71060 impacts are known. As a reminder, at audit and annual financial statement (November 16, 2011) and in paragraph least 50 percent of each grantee’s indicates that the grantee has no A.21, section VI, of this Notice. CDBG–DR grant award must be used for material weaknesses, deficiencies, or (4) Adequate procedures to determine activities that benefit low- and concerns that HUD considers to be timely expenditures. A grantee has moderate-income persons. relevant to the financial management of adequate procedures to determine g. Clarity of the Action Plan. All the CDBG program. If the A–133 or timely expenditures if a grantee grantees must include sufficient annual financial statement identified provides procedures to HUD that information so that citizens, UGLGs weaknesses or deficiencies, the grantee indicate how the grantee will track (where applicable), and other eligible must provide documentation showing expenditures each month; how it will subgrantees, subrecipients, or applicants how those weaknesses have been monitor expenditures of its recipients; will be able to understand and comment removed or are being addressed; and how it will reprogram funds in a timely on the Action Plan and, if applicable, be (b) Completed HUD monitoring manner for activities that are stalled; able to prepare responsive applications checklist for financial standards (Exhibit and how it will project expenditures. to the grantee. The Action Plan must 3–18 of the Community Planning and The procedures should also indicate include a single chart or table that Development Monitoring Handbook which personnel or unit are responsible illustrates, at the most practical level, 6509.02) and the grantee’s financial for the task. how all funds programmed by the standards. The checklist and standards (5) Procedures to maintain Action Plan are budgeted (e.g., by must demonstrate the financial comprehensive Web sites regarding all program, subgrantee, grantee- standards are complete and conform disaster recovery activities assisted with administered activity, or other category). with the requirements of Exhibit 3–18. these funds. A grantee has adequate h. Review and Approval of the Action The grantee must identify which procedures to maintain comprehensive Plan. For funds provided under the sections of its financial standards Web sites regarding all disaster recovery

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14337

activities if its procedures indicate that Plan. The beginning of every Action technical assistance effort to coincide the grantee will have a separate page Plan amendment must include a section with the two-year expenditure deadline. dedicated to its disaster recovery that that identifies exactly what content is This Notice waives the requirements will contain links to all action plans, being added, deleted, or changed. This for submission of a performance report action plan amendments, performance section must also include a chart or pursuant to 42 U.S.C. 12708 and 24 CFR reports, citizen participation table that clearly illustrates where funds 91.520. In the alternative, and to ensure requirements, and activity/program are coming from and where they are consistency between grants allocated information for activities described in moving to. The Action Plan must under the Appropriations Act and prior the action plan. The procedures should include a revised budget allocation table CDBG–DR appropriation laws, HUD is also indicate the frequency of Web site that reflects the entirety of all funds, as requiring that grantees enter information updates and which personnel or unit are amended. A grantee’s most recent in the DRGR system in sufficient detail responsible for the task. version of its entire Action Plan must be to permit the Department’s review of (6) Procedures to detect fraud, waste, accessible for viewing as a single grantee performance on a quarterly basis and abuse of funds. A grantee has document at any given point in time, and to enable remote review of grantee adequate procedures to detect fraud, rather than the public or HUD having to data to allow HUD to assess compliance waste, and abuse if its procedures view and cross-reference changes among and risk. indicate how the grantee will verify the multiple amendments. b. DRGR Action Plan. Each grantee accuracy of information provided by If a grantee amends its Action Plan to must enter its Action Plan for Disaster applicants; provides a monitoring policy program additional funds that the Recovery, including performance indicating how and why monitoring is Department has allocated to it, the grant measures, into HUD’s DRGR system. As conducted, the frequency of monitoring, agreement must also be revised. As more detailed information about uses of and which items are monitored; and stated in paragraph 1.a, the requirement funds is identified by the grantee, it that the internal auditor has affirmed for each grantee to expend funds within must be entered into the DRGR system and described its role in detecting fraud, two years of the date of obligation will at a level of detail that is sufficient to waste, and abuse. be enforced relative to the activities serve as the basis for acceptable (7) Grantee certification. As part of its funded under each obligation, as performance reports, and permits HUD submission, the grantee is required by applicable. review of compliance requirements. paragraph E.42.q to attest to the l. Projection of expenditures and The Action Plan must also be entered proficiency and adequacy of its controls. outcomes. Each grantee must amend its into the DRGR system so that the j. Obligation and expenditure of published Action Plan to project grantee is able to draw its CDBG–DR funds. Upon the Secretary’s expenditures and outcomes within 90 funds. The grantee may enter activities certification, HUD will issue a grant days of the Action Plan approval. The into DRGR before or after submission of agreement obligating the funds to the projections must be based on each the Action Plan to HUD. To enter an grantee. Only the funds described by the quarter’s expected performance— activity into the DRGR system, the grantee in its Action Plan, at the beginning the quarter funds are grantee must know the activity type, necessary level of detail, will be available to the grantee and continuing national objective, and the organization obligated. In addition, HUD will each quarter until all funds are that will be responsible for the activity. establish the line of credit and the expended. The published Action Plan In addition, a Data Universal Numbering grantee will receive DRGR system access must be amended to reflect any System (DUNS) number must be entered (if it does not have access already). The subsequent changes, updates, or into the system for any entity carrying grantee must also enter its Action Plan revision of the projections. Amending out a CDBG–DR funded activity, activities into the DRGR system before the Action Plan to accommodate these including the grantee, recipient(s) and it may draw funds as described in changes is not considered a substantial subrecipient(s), contractor(s), and paragraph A.2, below. amendment. Guidance on the developers. To comply with the Each activity must meet the preparation of projections is available statutory requirements regarding applicable environmental requirements. on HUD’s Web site. The projections will identification of contractors, and to After the Responsible Entity completes enable HUD, the public, and the grantee, provide a mechanism for tracking large an environmental review(s) pursuant to to track proposed versus actual contracts in DRGR, HUD is requiring 24 CFR part 58, as applicable (or performance. grantees to identify in the DRGR system paragraph A.20, as applicable), and 2. HUD performance review any contract over $25,000. receives from HUD or the State an authorities and grantee reporting Each activity entered into the DRGR approved Request for Release of Funds requirements in the Disaster Recovery system must also be categorized under and certification (as applicable), the Grant Reporting (DRGR) System. a ‘‘project’’. Typically, projects are grantee may draw down funds from the a. Performance review authorities. 42 based on groups of activities that line of credit for the activity. Note that U.S.C. 5304(e) requires that the accomplish a similar, broad purpose the disbursement of grant funds must Secretary shall, at least on an annual (e.g., Housing, Infrastructure, or begin no later than 60 days after the basis, make such reviews and audits as Economic Development) or are based on grantee has received access to its line of may be necessary or appropriate to an area of service (e.g., Community A). credit. determine whether the grantee has If a grantee submits a partial Action k. Amending the Action Plan. As the carried out its activities in a timely Plan or amendment to describe just one grantee finalizes its long-term recovery manner, whether the grantee’s activities program (e.g., Single Family goals, or as needs change through the and certifications are carried out in Rehabilitation), that program is entered recovery process, the grantee must accordance with the requirements and as a project in DRGR. Further, the amend its Action Plan to update its the primary objectives of the HCD Act budget of the program would be needs assessment, modify or create new and other applicable laws, and whether identified as the project’s budget. If a activities, or re-program funds, as the grantee has the continuing capacity State grantee has only identified the necessary. Each amendment must be to carry out those activities in a timely Method of Distribution (MOD) upon highlighted, or otherwise identified, manner. Grantees are advised that HUD HUD’s approval of the published Action within the context of the entire Action is increasing its monitoring and Plan, the MOD itself typically serves as

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14338 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the projects in the DRGR system, rather all funds have been expended and all contents. The topic of disaster recovery than the activities. As funds are expenditures have been reported. must be navigable by citizens from the distributed to subgrantees and Each QPR will include information grantee (or relevant agency) homepage. subrecipients, who decide which about the uses of funds in activities Grantees are also encouraged to notify specific activities to fund, those activity identified in the DRGR system Action affected citizens through electronic fields are then populated. Plan during the applicable quarter. This mailings, press releases, statements by c. Tracking oversight activities in the includes, but is not limited to, the: public officials, media advertisements, DRGR system; use of DRGR data for project name, activity, location, and public service announcements, and/or HUD review and dissemination. Each national objective; funds budgeted, contacts with neighborhood grantee must also enter into DRGR obligated, drawn down, and expended; organizations. summary information on monitoring the funding source and total amount of Despite the expedited process, visits and reports, audits, and technical any non-CDBG–DR funds to be grantees are still responsible for assistance it conducts as part of its expended on each activity; beginning ensuring that all citizens have equal oversight of its disaster recovery and actual completion dates of access to information about the programs. The grantee’s Quarterly completed activities; achieved programs, including persons with Performance Report (QPR) will include performance outcomes such as number disabilities and limited English a summary indicating the number of of housing units complete or number of proficiency (LEP). Each grantee must grantee oversight visits and reports (see low- and moderate-income persons ensure that program information is subparagraph e for more information on benefiting; and the race and ethnicity of available in the appropriate languages the QPR). HUD will use data entered persons assisted under direct-benefit for the geographic area served by the into the DRGR Action Plan and the QPR, activities. Grantees must also record the jurisdiction. For assistance in ensuring transactional data from the DRGR amount of funding expended for each that this information is available to LEP system, and other information provided contractor identified in the Action Plan. populations, recipients should consult by the grantee to provide reports to The DRGR system will automatically the Final Guidance to Federal Financial Congress and the public, as well as to display the amount of program income Assistance Recipients Regarding Title (1) Monitor for anomalies or receipted, the amount of program VI, Prohibition Against National Origin performance problems that suggest income reported as disbursed, and the Discrimination Affecting Limited fraud, abuse of funds, and duplication amount of grant funds disbursed. English Proficient Persons published on of benefits; (2) reconcile budgets, Grantees must include a description of January 22, 2007, in the Federal obligations, funding draws, and actions taken in that quarter to Register (72 FR 2732). Subsequent to publication of the expenditures; (3) calculate expenditures affirmatively further fair housing within the section titled ‘‘Overall Progress Action Plan, the grantee must provide a to determine compliance with Narrative’’ in the DRGR system. reasonable time frame and method(s) administrative and public service caps 3. Citizen participation waiver and (including electronic submission) for and the overall percentage of funds that alternative requirement. To permit a receiving comments on the plan or benefit low- and moderate-income more streamlined process, and ensure substantial amendment. In its Action persons; and (4) analyze the risk of disaster recovery grants are awarded in Plan, each grantee must specify criteria grantee programs to determine priorities a timely manner, provisions of 42 U.S.C. for determining what changes in the for the Department’s monitoring. 5304(a)(2) and (3), 42 U.S.C. 12707, 24 grantee’s plan constitute a substantial d. Tracking program income in the CFR 570.486, 91.105(b) and (c), and amendment to the plan. At a minimum, DRGR system. Grantees must use the 91.115(b) and (c), with respect to citizen the following modifications will DRGR system to draw grant funds for participation requirements, are waived constitute a substantial amendment: a each activity. Grantees must also use the and replaced by the requirements change in program benefit or eligibility DRGR system to track program income below. The streamlined requirements do criteria; the allocation or re-allocation of receipts, disbursements, and revolving not mandate public hearings at a state, more than $1 million; or the addition or loan funds. If a grantee permits local entitlement, or local government level, deletion of an activity. The grantee may governments or subrecipients to retain but do require providing a reasonable substantially amend the Action Plan if program income, the grantee must opportunity (at least 7 days) for citizen it follows the same procedures required establish program income accounts in comment and ongoing citizen access to in this Notice for the preparation and the DRGR system. The DRGR system information about the use of grant submission of an Action Plan for requires grantees to use program income funds. The streamlined citizen Disaster Recovery. Prior to submission before drawing additional grant funds, participation requirements for a grant of a substantial amendment, the grantee and ensures that program income carried out under this Notice are: is encouraged to work with its HUD retained by one organization will not a. Publication of the Action Plan, representative to ensure the proposed affect grant draw requests for other opportunity for public comment, and change is consistent with this Notice, organizations. substantial amendment criteria. Before and all applicable regulations and e. DRGR System Quarterly the grantee adopts the Action Plan for Federal law. Performance Report (QPR). Each grantee this grant or any substantial amendment b. Non-substantial amendment. The must submit a QPR through the DRGR to this grant, the grantee will publish grantee must notify HUD, but is not system no later than 30 days following the proposed plan or amendment required to undertake public comment, the end of each calendar quarter. Within (including the information required in when it makes any plan amendment 3 days of submission to HUD, each QPR this Notice for an Action Plan for that is not substantial. HUD must be must be posted on the grantee’s official Disaster Recovery). The manner of notified at least five days before the Web site. The grantee’s first QPR is due publication must include prominent amendment becomes effective. after the first full calendar quarter after posting on the grantee’s official Web site However, every amendment to the the grant award. For example, a grant and must afford citizens, affected local Action Plan (substantial and non- award made in April requires a QPR to governments, and other interested substantial) must be numbered be submitted by October 30. QPRs must parties a reasonable opportunity to sequentially and posted on the grantee’s be submitted on a quarterly basis until examine the plan or amendment’s Web site. The Department will

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14339

acknowledge receipt of the notification 5305(a)(15) may only be undertaken by unmet disaster-related needs and of non-substantial amendments via the eligible entities described in that associated priorities must be email within 5 business days. section, whether the assistance is incorporated into the grantee’s next c. Consideration of public comments. provided to such an entity from the consolidated plan update by Fiscal Year The grantee must consider all State or from a UGLG. 2015. If not completed already, the comments, received orally or in writing, c. Use of Funds for Structures Owned grantee must update its Analysis of on the Action Plan or any substantial by Religious Organizations. The Impediments to Fair Housing Choice in amendment. A summary of these provision of assistance for buildings coordination with its post-waiver comments or views, and the grantee’s used for religious purposes is governed consolidated plan update, so that it response(s), must be submitted to HUD by 24 CFR 570.200(j). Although CDBG more accurately reflects housing with the Action Plan or substantial funds cannot be used for structures conditions following the disaster. amendment. dedicated solely to religious use, such 6. Requirement for consultation d. Availability and accessibility of the as a religious congregation’s principal during plan preparation. Currently, the Action Plan. The grantee must make the place of worship, grantees may in statute and regulations require States to Action Plan, any amendments, and all certain circumstances pay some consult with affected units of local performance reports available to the rehabilitation or new construction costs government in non-entitlement areas of public on its Web site and on request. for structures used for religious and the State in determining the State’s In addition, the grantee must make these secular purposes. proposed method of distribution. HUD documents available in a form Funding for rehabilitating or is waiving 42 U.S.C. 5306(d)(2)(C)(iv), accessible to persons with disabilities reconstructing storm-damaged or 42 U.S.C. 5306(d)(2)(D), 24 CFR and non-English-speaking persons. destroyed buildings may be appropriate 91.325(b), and 91.110, with the During the term of the grant, the grantee where a facility is not used exclusively alternative requirement that any State will provide citizens, affected local for the benefit of the religious receiving an allocation under this governments, and other interested congregation, such as a building used as Notice consult with all disaster-affected parties with reasonable and timely a homeless shelter, food pantry, adult UGLGs (including any CDBG- access to information and records literacy center, or child care center. entitlement communities, and local relating to the Action Plan and to the Where a structure is used for both public housing authorities in affected grantee’s use of grant funds. religious and secular uses, CDBG–DR areas) in determining the use of funds. e. Citizen complaints. The grantee funds may pay the portion of eligible This ensures State grantees sufficiently will provide a timely written response rehabilitation or construction costs assess the recovery needs of all areas to every citizen complaint. The response attributable to the non-religious use. For affected by the disaster. will be provided within 15 working example, for a building that is used 50 For New York City, HUD is days of the receipt of the complaint, if percent of the time for, or has 50 percent supplementing 24 CFR 91.100 with the practicable. of the square footage dedicated to, additional requirement that the 4. Direct grant administration and homeless services, CDBG–DR funds may jurisdiction must consult with adjacent means of carrying out eligible activities. pay 50 percent of the rehabilitation or UGLGs, including local government a. Requirements applicable to State construction cost. Grantees are agencies with metropolitan-wide grantees. Requirements at 42 U.S.C. encouraged to work closely with their planning responsibilities (particularly 5306 are waived, to the extent CPD Representative to ensure for problems and solutions that go necessary, to allow a State to directly compliance with the requirements of 24 beyond a single jurisdiction), and local carry out CDBG–DR activities eligible CFR 570.200(j) or to obtain further public housing authorities (affected by under this Notice, rather than distribute guidance on the applicability of this the disaster). all funds to UGLGs. Experience in rule to specific programs or properties. Last, all grantees must consult with administering CDBG supplemental 5. Consolidated Plan waiver. HUD is States, tribes, UGLGs, and other disaster recovery funding demonstrates waiving the requirement for consistency stakeholders and affected parties in the that this practice can expedite recovery. with the consolidated plan surrounding geographic area to ensure Pursuant to this waiver, the standard at (requirements at 42 U.S.C. 12706, 24 consistency with applicable regional section 570.480(c) and the provisions at CFR 91.325(a)(5), 91.225(a)(5), redevelopment plans. 42 U.S.C. 5304(e)(2) will also include 91.325(b)(3), and 91.225(b)(3)), because 7. Overall benefit waiver and activities that the State carries out the effects of a major disaster alter a alternative requirement. The primary directly. In addition, activities eligible grantee’s priorities for meeting housing, objective of the HCD Act is the under this Notice may be carried out, employment, and infrastructure needs. ‘‘development of viable urban subject to State law, by the State In conjunction, 42 U.S.C. 5304(e), to the communities, by providing decent through its employees, through extent that it would require HUD to housing and a suitable living procurement contracts, or through annually review grantee performance environment and expanding economic assistance provided under agreements under the consistency criteria, is also opportunities, principally for persons of with subrecipients or recipients. waived. However, this waiver applies low and moderate income.’’ 42 U.S.C. Notwithstanding this waiver, State only until the grantee first updates its 5301(c). To carry out this objective, the grantees continue to be responsible for full consolidated plan. HUD expects statute requires that 70 percent of the civil rights, labor standards, and grantees to update its full consolidated aggregate of a regular CDBG program’s environmental protection requirements plan to reflect disaster-related needs no funds be used to support activities contained in the HCD Act and 24 CFR later than its Fiscal Year 2015 benefitting low- and moderate-income part 570, as well as ensuring such consolidated plan update. At a persons. This target could be difficult to compliance by subgrantees. minimum, the updated consolidated reach, and perhaps even impossible, for b. Requirements for all grantees— plan must include the criteria discussed many grantees affected by Hurricane direct administration and assistance to in this Notice. While grantees are Sandy. Grantees under this Notice neighborhood organizations described encouraged to incorporate disaster experienced disaster impacts that in 42 U.S.C. 5305(a)(15) of the HCD Act. recovery needs into their consolidated affected entire communities—regardless Activities made eligible at 42 U.S.C. plan updates as soon as practicable, any of income, and the existing requirement

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14340 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

may prevent grantees from providing activities under the low- and moderate- technical assistance expenditures, limit assistance to damaged areas of need. income area benefit. HUD advises the a State’s ability to charge a nominal Therefore, this Notice waives the entitlement community accordingly. application fee for grant applications for requirements at 42 U.S.C. 5301(c), 42 Periodically, HUD updates the low- and activities the State carries out directly, U.S.C. 5304(b)(3)(A), 24 CFR 570.484, moderate-income summary data used to and require a dollar-for-dollar match of and 570.200(a)(3), that 70 percent of identify the exception criteria; disaster State funds for administrative costs funds be used for activities that benefit recovery grantees are required to use the exceeding $100,000. 42 U.S.C. low- and moderate-income persons. most recent data available in 5306(d)(5) and (6) are waived and Instead, 50 percent of funds must implementing the exception criteria. replaced with the alternative benefit low- and moderate-income Note that for entitlement communities requirement that the aggregate total for persons. This provides grantees with that meet the exception criteria, the general administrative and technical greater flexibility to carry out recovery community may apply the criteria if it assistance expenditures must not exceed activities by allowing up to 50 percent receives funds from a State grantee. 5 percent. States remain limited to of the grant to assist activities under the 9. Use of ‘‘uncapped’’ income limits. spending a maximum of 20 percent of urgent need or prevention or The Quality Housing and Work their total grant amount on a elimination of slums or blight national Responsibility Act of 1998 (Title V of combination of planning and general objectives. Pub. L. 105–276) enacted a provision administration costs. Planning costs Grantees may seek to reduce the that directed the Department to grant subject to the 20 percent cap are those overall benefit requirement below 50 exceptions to at least 10 jurisdictions defined in 42 U.S.C. 5305(a)(12). percent of the total grant, but must that are currently ‘‘capped’ under HUD’s (2) New York City is also subject to submit a justification that, at a low and moderate-income limits. Under the 5 percent administrative cap. This 5 minimum: (a) Identifies the planned this exception, a number of CDBG percent applies to all general activities that meet the needs of its low- entitlement grantees may use administration costs—whether incurred and moderate-income population; (b) ‘‘uncapped’’ income limits that reflect by the grantee or its subrecipients. The describes proposed activity(ies) and/or 80 percent of the actual median income City also remains limited to spending 20 program(s) that will be affected by the for the area. Each year, HUD publishes percent of its total allocation on a alternative requirement, including their guidance on its Web site identifying combination of planning and general proposed location(s) and role(s) in the which grantees may use uncapped administration costs. grantee’s long-term disaster recovery limits. The uncapped limits apply to 11. Planning-only activities— plan; (c) describes how the activities/ disaster recovery activities funded applicable to State grantees only. The programs identified in (b) prevent the pursuant to this Notice in jurisdictions annual State CDBG program requires grantee from meeting the 50 percent covered by the uncapped limits, that local government grant recipients requirement; and (d) demonstrates that including jurisdictions that receive for planning-only grants must document the needs of non-low and moderate- disaster recovery funds from the State. that the use of funds meets a national income persons or areas are 10. Grant administration objective. In the State CDBG program, disproportionately greater, and that the responsibilities and general these planning grants are typically used jurisdiction lacks other resources to administration cap. for individual project plans. By contrast, serve them. Upon request, a sample a. Grantee responsibilities. per the planning activities carried out by justification can be provided by the Appropriations Act, each grantee shall entitlement communities are more Department. Note that the 50 percent administer its award directly, in likely to include non-project specific overall benefit requirement will not be compliance with all applicable laws and plans such as functional land-use plans, reduced unless the Secretary regulations. Each grantee shall be master plans, historic preservation specifically finds that there is a financially accountable for the use of all plans, comprehensive plans, community compelling need to further reduce the funds provided in this Notice and may recovery plans, development of housing threshold. contract for administrative support but codes, zoning ordinances, and 8. Use of the ‘‘upper quartile’’ or grantees may not delegate or contract to neighborhood plans. These plans may ‘‘exception criteria’’ for low- and any other party any inherently guide long-term community moderate-income area benefit activities. governmental responsibilities related to development efforts comprising This exception applies to entitlement management of the funds, such as multiple activities funded by multiple communities that have few, if any, areas oversight, policy development, and sources. In the entitlement program, within their jurisdiction that have 51 financial management. these general planning activities are percent or more low- and moderate- b. General administration cap. For presumed to meet a national objective income residents. per the requirements grants under this Notice, the annual under the requirements at 24 CFR at 42 U.S.C. 5305(c)(2)(A), these CDBG program administration 570.208(d)(4). communities are allowed to use a requirements must be modified to be The Department notes that effective percentage less than 51 percent to consistent with the Appropriations Act, CDBG disaster recoveries have relied on qualify activities under the low- and which allows up to 5 percent of the some form of area-wide or moderate-income area benefit category. grant to be used for general comprehensive planning activity to This exception is referred to as the administration costs, by the grantee, by guide overall redevelopment ‘‘exception criteria’’ or the ‘‘upper UGLGs, or by subrecipients. Thus, the independent of the ultimate source of quartile’’. total of all costs charged to the grant and implementation funds. Therefore, for HUD assesses Census block groups to classified as general administration State grantees receiving an award under determine whether an entitlement must be less than or equal to the 5 this Notice, the Department is removing community meets the exception criteria. percent cap. the eligibility requirements at 24 CFR For communities that qualify, the (1) For State grantees under this 570.483(b)(5) or (c)(3). Instead, States Department identifies the alternative Notice, the provisions of 42 U.S.C. must comply with 570.208(d)(4) when percentage (i.e., the lowest proportion) 5306(d) and 24 CFR 570.489(a)(1)(i), (ii), funding disaster recovery-assisted the community may use, instead of 51 and (iii) will not apply to the extent that planning-only grants, or directly percent, for the purpose of qualifying they cap general administration and administering planning activities that

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14341

guide recovery in accordance with the funding in the Action Plan and/or DRGR CDBG–DR funds, the income shall be Appropriations Act. In addition, the system. For fair housing and equal prorated to reflect the percentage of types of planning activities that States opportunity purposes, and as CDBG–DR funds used (e.g., a single loan may fund or administer are expanded to applicable, such records shall include supported by CDBG–DR funds and other be consistent with those of entitlement data on the racial, ethnic, and gender funds; a single parcel of land purchased communities identified at 24 CFR characteristics of persons who are with CDBG–DR funds and other funds). 570.205. applicants for, participants in, or Program income includes, but is not 12. Waiver and alternative beneficiaries of the program. limited to, the following: requirement for distribution to CDBG b. UGLGs grantees. New York City (a) Proceeds from the disposition by metropolitan cities and urban remains subject to the recordkeeping sale or long-term lease of real property counties—applicable to State grantees requirements of 24 CFR 570.506. purchased or improved with CDBG–DR only. Section 5302(a)(7) of title 42, 15. Change of use of real property— funds; U.S.C. (definition of ‘‘nonentitlement applicable to State grantees only. This (b) Proceeds from the disposition of area’’) and provisions of 24 CFR part waiver conforms to the change of use of equipment purchased with CDBG–DR 570 that would prohibit or restrict a real property rule to the waiver allowing funds; State from distributing CDBG funds to a State to carry out activities directly. (c) Gross income from the use or entitlement communities and Indian For purposes of this program, all rental of real or personal property tribes under the CDBG program, are references to ‘‘unit of general local acquired by a State, UGLG, or tribe or waived, including 24 CFR 570.480(a) government’’ in 24 CFR 570.489(j), shall subrecipient of a State, UGLG, or tribe and 570.486(c) (revised April 23, 2012). be read as ‘‘unit of general local with CDBG–DR funds, less costs Instead, the State may distribute funds government or State.’’ incidental to generation of the income to UGLGs and Indian tribes. 16. Responsibility for review and (i.e., net income); 13. Use of subrecipients—applicable handling of noncompliance (d) Net income from the use or rental to State grantees only. The State CDBG —applicable to State grantees only. This of real property owned by a State, program rule does not make specific change is in conformance with the UGLG, or tribe or subrecipient of a provision for the treatment of entities waiver allowing the State to carry out State, UGLG, or tribe, that was that the CDBG Entitlement program activities directly. 24 CFR 570.492 is constructed or improved with CDBG– calls ‘‘subrecipients.’’ The waiver waived and the following alternative DR funds; allowing the State to directly carry out requirement applies for any State (e) Payments of principal and interest activities creates a situation in which receiving a direct award under this on loans made using CDBG–DR funds; the State may use subrecipients to carry Notice: the State shall make reviews and (f) Proceeds from the sale of loans out activities in a manner similar to an audits, including onsite reviews of any made with CDBG–DR funds; entitlement community. Therefore, for subrecipients, designated public (g) Proceeds from the sale of States taking advantage of the waiver to agencies, and UGLGs, as may be obligations secured by loans made with carry out activities directly, the necessary or appropriate to meet the CDBG–DR funds; requirements at 24 CFR 570.502, requirements of 42 U.S.C. 5304(e)(2), as (h) Interest earned on program income 570.503, and 570.500(c) apply, except amended, and as modified by this pending disposition of the income, but the requirements that specific references Notice. In the case of noncompliance excluding interest earned on funds held to 24 CFR parts 84 and 85 must be with these requirements, the State shall in a revolving fund account; included in subrecipient agreements. take such actions as may be appropriate (i) Funds collected through special Pursuant to 24 CFR 570.489(n) (revised to prevent a continuance of the assessments made against properties April 23, 2012) and 570.502, State deficiency, mitigate any adverse effects owned and occupied by households not grantees must ensure that its costs and or consequences, and prevent a of low- and moderate-income, where the those of its state recipients and recurrence. The State shall establish special assessments are used to recover subrecipients are in conformance with 2 remedies for noncompliance by any all or part of the CDBG–DR portion of CFR part 225 (OMB Circular A–87), designated subrecipients, public a public improvement; and whether carrying out activities directly agencies, or UGLGs. (j) Gross income paid to a State, or through the use of a subrecipient. 17. Program income alternative UGLG, tribe, or paid to a subrecipient 14. Recordkeeping. requirement. The Department is waiving thereof from the ownership interest in a a. State grantees. When a State carries applicable program income rules at 42 for-profit entity in which the income is out activities directly, 24 CFR U.S.C 5304(j), 24 CFR 570.500(a) and in return for the provision of CDBG–DR 570.490(b) is waived and the following (b), 570.504, and 570.489(e) to the assistance. alternative provision shall apply: the extent necessary to provide additional (2) ‘‘Program income’’ does not State shall establish and maintain such flexibility as described under this include the following: records as may be necessary to facilitate Notice. The alternative requirements (a) The total amount of funds which review and audit by HUD of the State’s provide guidance regarding the use of is less than $25,000 received in a single administration of CDBG–DR funds program income received before and year and retained by a State, UGLG, under 24 CFR 570.493. Consistent with after grant closeout and address tribe, or retained by a subrecipient applicable statutes, regulations, waivers revolving loan funds. thereof; and alternative requirements, and other a. Definition of program income. (b) Amounts generated by activities Federal requirements, the content of (1) For the purposes of this subpart, both eligible and carried out by an records maintained by the State shall be ‘‘program income’’ is defined as gross entity under the authority of section sufficient to: enable HUD to make the income generated from the use of 105(a)(15) of the HCD Act; applicable determinations described at CDBG–DR funds, except as provided in b. Retention of program income. Per 24 CFR 570.493; make compliance subparagraph D of this paragraph, and 24 CFR 570.504(c), a UGLG receiving a determinations for activities carried out received by a State, UGLG, or tribe, or direct award under this Notice may directly by the State; and show how a subrecipient of a State, UGLG, or tribe. permit a subrecipient to retain program activities funded are consistent with the When income is generated by an activity income. State grantees may permit a descriptions of activities proposed for that is only partially assisted with UGLG or tribe, which receives or will

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14342 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

receive program income, to retain the identified activities. The same grantee’s definition of ‘‘not suitable for program income, but are not required to requirements, outlined above, apply to rehabilitation’’ from the one-for-one do so. this type of revolving loan fund. Last, replacement requirements. Before c. Program income—use, closeout, note that no revolving fund, established carrying out a program or activity which and transfer. per this Notice, shall be directly funded may be subject to the one-for-one (1) Program income received (and or capitalized with an advance of replacement requirements, the grantee retained, if applicable) before or after CDBG–DR grant funds. must define ‘‘not suitable for closeout of the grant that generated the 18. Reimbursement of disaster rehabilitation’’ in its Action Plan or in program income, and used to continue recovery expenses. The provisions of 24 policies/procedures governing these disaster recovery activities, is treated as CFR 570.489(b) are applied to permit a programs and activities. Grantees with additional disaster recovery CDBG State to reimburse itself for otherwise questions about the one-for-one funds subject to the requirements of this allowable costs incurred by itself or its replacement requirements are Notice and must be used in accordance recipients subgrantees or subrecipients encouraged to contact the HUD Regional with the grantee’s Action Plan for (including public housing authorities) Relocation Specialist responsible for Disaster Recovery. To the maximum on or after the incident date of the their state. extent feasible, program income shall be covered disaster. New York City is HUD is waiving the one-for-one used or distributed before additional subject to the provisions of 24 CFR replacement requirements because they withdrawals from the U.S. Treasury are 570.200(h) but may reimburse itself or do not account for the large, sudden made, except as provided in its subrecipients for otherwise allowable changes that a major disaster may cause subparagraph d of this paragraph. costs incurred on or after the incident to the local housing stock, population, (2) In addition to the regulations date of the covered disaster. 24 CFR or economy. Furthermore, the dealing with program income found at 570.200(h)(1)(i) will not apply to the requirements may discourage grantees 24 CFR 570.489(e) and 570.504, the extent that it requires pre-agreement from converting or demolishing following rules apply: A grantee may activities to be included in a disaster-damaged housing when transfer program income before closeout consolidated plan. The Department excessive costs would result from of the grant that generated the program expects both State grantees and New replacing all such units. Disaster- income to its annual CDBG program. In York City to include all pre-agreement damaged housing structures that are not addition, a State grantee may transfer activities in their Action Plans. The suitable for rehabilitation can pose a program income before closeout to any provisions at 24 CFR 570.200(h) and threat to public health and safety and annual CDBG-funded activities carried 570.489(b) apply to grantees may impede economic revitalization. out by a UGLG or Indian tribe within reimbursing costs incurred by itself or Grantees should re-assess post-disaster the State. Program income received by its recipients or subrecipients prior to population and housing needs to a grantee, or received and retained by a the execution of a grant agreement with determine the appropriate type, amount, subgrantee, after closeout of the grant HUD. and location of lower-income dwelling that generated the program income, may 19. One-for-One Replacement, units to rehabilitate and/or rebuild. also be transferred to a grantee’s annual Relocation, and Real Property Grantees should note, however, that the CDBG award. In all cases, any program Acquisition Requirements. Activities demolition and/or disposition of Public income received, and not used to and projects assisted by CDBG–DR are Housing Authority-owned public continue disaster recovery activities, subject to the Uniform Relocation housing units is covered by section 18 will not be subject to the waivers and Assistance and Real Property of the United States Housing Act of alternative requirements of this Notice. Acquisition Policies Act of 1970, as 1937, as amended, and 24 CFR part 970, Rather, those funds will be subject to amended, (42 U.S.C. 4601 et neither of which is waived by this the grantee’s regular CDBG program seq.)(‘‘URA’’) and Section 104(d) of the Notice. rules. HCD Act (42 U.S.C. 5304(d))(‘‘Section b. Relocation assistance. The Section d. Revolving loan funds. New York 104(d)’’). The implementing regulations 104(d) relocation assistance City, State grantees, and UGLGs or tribes for the URA are at 49 CFR part 24. The requirements at section 104(d)(2)(A) and (as permitted by a State grantee) may regulations for Section 104(d) are at 24 24 CFR 42.350 are waived to the extent establish revolving funds to carry out CFR part 42, subpart C. For the purposes that they differ from the requirements of specific, identified activities. A of promoting the availability of decent, the URA and implementing regulations revolving fund, for this purpose, is a safe, and sanitary housing and at 49 CFR part 24, as modified by this separate fund (with a set of accounts expediting disaster recovery and Notice, for activities related to disaster that are independent of other program rehousing efforts, HUD is waiving the recovery. Without this waiver, accounts) established to carry out following URA and Section 104(d) disparities exist in relocation assistance specific activities. These activities requirements for grantees under this associated with activities typically generate payments, which will be used Notice: funded by HUD and FEMA (e.g., to support similar activities going a. One-for-one replacement. One-for- buyouts and relocation). Both FEMA forward. These payments to the one replacement requirements at section and HUD funds are subject to the URA; revolving fund are program income and 104(d)(2)(A)(i)–(ii) and (d)(3) and 24 however, HUD’s CDBG funds are also must be substantially disbursed from CFR 42.375 are waived in connection subject to Section 104(d), while FEMA the revolving fund before additional with funds allocated under this Notice funds are not. The URA provides that a grant funds are drawn from the U.S. for lower-income dwelling units that are displaced person is eligible to receive a Treasury for payments which could be damaged by the disaster and not rental assistance payment that covers a funded from the revolving fund. Such suitable for rehabilitation. The Section period of 42 months. By contrast, program income is not required to be 104(d) one-for-one replacement Section 104(d) allows a lower-income disbursed for non-revolving fund requirements generally apply to displaced person to choose between the activities. demolished or converted occupied and URA rental assistance payment and a State grantees may also establish a vacant occupiable lower-income rental assistance payment calculated revolving fund to distribute funds to dwelling units. This waiver exempts over a period of 60 months. This waiver UGLGs or tribes to carry out specific, disaster-damaged units that meet the of the Section 104(d) requirements

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14343

assures uniform and equitable treatment the period of authorized assistance is at of funds. For State grantees under this by setting the URA and its least 42 months. Failure to grant this Notice, HUD allows the State to carry implementing regulations as the sole waiver would impede disaster recovery out activities directly, in addition to standard for relocation assistance under whenever TBRA program subsidies are distributing funds to subrecipients and/ this Notice. available but funds for cash relocation or subgrantees. Thus, per 24 CFR 58.4, c. Arm’s length voluntary purchase. assistance are limited. This waiver gives when a State carries out activities The requirements at 49 CFR grantees an additional relocation directly, the State must submit the 24.101(b)(2)(i)–(ii) are waived to the resource option. certification and request for release of extent that they apply to an arm’s length f. Moving expenses. The requirements funds to HUD for approval. voluntary purchase carried out by a at section 202(b) of the URA and 49 CFR b. Adoption of another agency’s person who uses funds allocated under 24.302, which require that a grantee environmental review. In accordance this Notice and does not have the power offer a displaced person the option to with the Appropriations Act, recipients of eminent domain, in connection with receive a fixed moving cost payment of Federal funds that use such funds to the purchase and occupancy of a based on the Federal Highway supplement Federal assistance provided principal residence by that person. Administration’s Fixed Residential under sections 402, 403, 404, 406, 407, Given the often large-scale acquisition Moving Cost Schedule instead of or 502 of the Stafford Act may adopt, needs of grantees, this waiver is receiving payment for actual moving without review or public comment, any necessary to reduce burdensome and related expenses, are waived. As an environmental review, approval, or administrative requirements following a alternative, the grantee must establish permit performed by a Federal agency, disaster. Grantees are reminded that any and offer the person a ‘‘moving expense and such adoption shall satisfy the tenants occupying real property that is and dislocation allowance’’ under a responsibilities of the recipient with acquired through voluntary purchase schedule of allowances that is respect to such environmental review, may be eligible for relocation assistance. reasonable for the jurisdiction and that approval, or permit that is required by d. Rental assistance to a displaced takes into account the number of rooms the HCD Act. The grantee must notify person. The requirements at sections in the displacement dwelling, whether HUD in writing of its decision to adopt 204(a) and 206 of the URA, and 49 CFR the person owns and must move the another agency’s environmental review. 24.2(a)(6)(viii), 24.402(b)(2), and 24.404 furniture, and, at a minimum, the kinds The grantee must retain a copy of the are waived to the extent that they of expenses described in 49 CFR 24.301. review in the grantee’s environmental require the grantee to use 30 percent of Without this waiver and alternative records. a low-income displaced person’s requirement, disaster recovery may be c. Release of funds. In accordance household income in computing a rental impeded by requiring grantees to offer with the Appropriations Act, and assistance payment if the person had allowances that do not reflect current notwithstanding 42 U.S.C. 5304(g)(2), been paying more than 30 percent of local labor and transportation costs. the Secretary may, upon receipt of a household income in rent/utilities Persons displaced from a dwelling request for release of funds and without ‘‘demonstrable hardship’’ remain entitled to choose a payment for certification, immediately approve the before the project. Thus, if a tenant has actual reasonable moving and related release of funds for an activity or project been paying rent/utilities in excess of 30 expenses if they find that approach assisted with allocations under this percent of household income without preferable to the locally established Notice if the recipient has adopted an demonstrable hardship, using 30 ‘‘moving expense and dislocation environmental review, approval or percent of household income to allowance.’’ permit under subparagraph b, above, or calculate the rental assistance payment g. Optional relocation policies. The the activity or project is categorically would not be required. Before carrying regulation at 24 CFR 570.606(d) is excluded from review under the out a program or activity in which the waived to the extent that it requires National Environmental Policy Act of grantee will provide rental assistance optional relocation policies to be 1969 (42 U.S.C. 4321 et seq.). payments to displaced persons, the established at the grantee or state d. Historic preservation reviews. To grantee must define ‘‘demonstrable recipient level. Unlike the regular CDBG facilitate expedited historic preservation hardship’’ in its Action Plan or in the program, States receiving CDBG–DR reviews under Section 106 of the policies and procedures governing these funds may carry out disaster recovery National Historic Preservation Act of programs and activities. The grantee’s activities directly or through 1966 (16 U.S.C. 470f), HUD strongly definition of demonstrable hardship subrecipients. The regulation at 24 CFR encourages grantees to allocate general applies when implementing these 570.606(d) governing optional administration funds to support the alternative requirements. relocation policies does not account for capacity of the State Historic e. Tenant-based rental assistance. The this distinction. This waiver also makes Preservation Officer (SHPO)/Tribal requirements of sections 204 and 205 of clear that UGLGs receiving CDBG Historic Preservation Officer (THPO) to the URA, and 49 CFR 24.2(a)(6)(ix) and disaster funds may establish separate review CDBG–DR projects. 24.402(b) are waived to the extent optional relocation policies. This waiver 21. Duplication of benefits. Section necessary to permit a grantee to meet all is intended to provide States and 312 of the Stafford Act, as amended, or a portion of a grantee’s replacement UGLGs with maximum flexibility in generally prohibits any person, business housing financial assistance obligation developing optional relocation policies concern, or other entity from receiving to a displaced tenant by offering rental with CDBG–DR funds. financial assistance with respect to any housing through a tenant-based rental 20. Environmental requirements. part of a loss resulting from a major assistance (TBRA) housing program a. Clarifying note on the process for disaster as to which he has received subsidy (e.g., Section 8 Housing Choice environmental release of funds when a financial assistance under any other Voucher Program), provided that the State carries out activities directly. In program or from insurance or any other tenant is provided referrals to the regular CDBG program, a State source. To comply with this law and comparable replacement dwellings in distributes CDBG funds to UGLGs and provisions of the Appropriations Act, accordance with 49 CFR 24.204(a) takes on HUD’s role in receiving each grantee must ensure that each where the owner is willing to environmental certifications from the activity provides assistance to a person participate in the TBRA program, and grant recipients and approving releases or entity only to the extent that the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14344 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

person or entity has a disaster recovery managed/administered, including any time that the grantee has not carried need that has not been fully met. details of all contracts and ongoing out its CDBG–DR activities and Given the often complex nature of this procurement policies. To meet this certifications in accordance with the issue, the Department has published a requirement, each grantee must enter requirements and criteria described in separate Notice explaining the information on contracts in the DRGR this Notice, HUD will undertake a duplication of benefit requirements system activity profiles (for all contracts further review to determine whether or applicable to CDBG–DR grantees; it can valued over $25,000), and make the not the grantee has the continuing be found at 76 FR 71060 (published following items available on its Web capacity to carry out its activities in a November 16, 2011). Grantees under site: the Action Plan (including all timely manner. In making the this Notice are hereby subject to the amendments); each QPR (as created determination, the Department will November 16, 2011, notice. using the DRGR system) detailing consider the following alternative 22. Procurement. expenditures for each contractor; requirements to provisions under 42 a. State grantees. Per 24 CFR procurement policies and procedures; U.S.C. 5304(e): the nature and extent of 570.489(d), a State must have fiscal and executed CDBG–DR contracts; and the grantee’s performance deficiencies, administrative requirements for status of services or goods currently types of corrective actions the grantee expending and accounting for all funds. being procured by the grantee—e.g., has undertaken, and the success or Furthermore, per § 570.489(g), a State phase of the procurement, requirements likely success of such actions. shall establish requirements for for proposals, etc. 26. Corrective and remedial actions. procurement policies and procedures 24. Timely distribution of funds. The To ensure compliance with the for UGLGs based on full and open provisions at 24 CFR 570.494 and 24 requirements of the Appropriations Act competition. All subgrantees of a State CFR 570.902 regarding timely and to effectively administer the CDBG– (UGLGs) are subject to the procurement distribution of funds are waived and DR program in a manner that facilitates policies and procedures required by the replaced with the alternative recovery, particularly the alternative State. requirements under this Notice. Section requirements permitting States to act A State may meet the above 904(c) of the Appropriations Act directly to carry out eligible activities, requirements by electing to follow 24 requires that all funds be expended HUD is waiving 42 U.S.C. 5304(e) of the CFR part 85. If a State has adopted part within two years of the date HUD HCD Act to the extent necessary to 85 in full, it must follow the same obligates funds to a grantee. Therefore, impose the following alternative policies and procedures it uses when each grantee must expend all funds requirement: HUD may undertake procuring property and services with its within two years of the date its grant corrective and remedial actions for non-Federal funds. However, the State agreement with HUD is executed. Note States in accordance with the must ensure that every purchase order that a grant agreement must be amended authorities applicable to entitlement or other contract includes any clauses when the Department allocates grantees in subpart O (including required by Federal statutes and additional funds to the grantee. As corrective and remedial actions in 24 executive orders and their stated in paragraph A.1.a, in this CFR 570.910, 570.911, and 570.913) or implementing regulations per 24 CFR section, the requirement for each under subpart I of the CDBG regulations 85.36(a). grantee to expend funds within two at 24 CFR part 570. Before determining If a State has not adopted 85.36(a), but years of the date of obligation will be appropriate corrective actions, HUD will has adopted 85.36(b) through (i), the enforced relative to the activities funded notify the grantee of the procedures State and its subgrantees must follow under each obligation. HUD expects applicable to its review. In accordance State and local law (as applicable), so each grantee to expeditiously obligate with 24 CFR 570.300, the policies and long as the procurements conform to and expend all funds, including any procedures set forth in subpart O will applicable Federal law and the recaptured funds or program income, apply to New York City. standards identified in 85.36(b) through and to carry out activities in a timely 27. Reduction, withdrawal, or (i). manner to ensure this deadline is met. adjustment of a grant or other b. Direct grants to UGLGs. New York See sections III and VII of this Notice for appropriate action. Prior to a reduction, City will be subject to the procurement additional details on expenditure of withdrawal, or adjustment of a grant or requirements of 24 CFR 85.36(b) funds. other appropriate action taken pursuant through (i). To track grantees’ progress, HUD will to this section, the recipient shall be c. Additional requirements related to evaluate timeliness in relation to each notified of such proposed action and procurement. Congress and HUD may grantee’s established projection given an opportunity within a request periodic updates from grantees schedules (see section III of this Notice, prescribed time period for an informal that employ contractors. A contractor is and paragraph A.1.l under section VI). consultation. Consistent with the a third-party firm that the grantee The Department will, absent substantial procedures described in this Notice, the acquires through a formal procurement evidence to the contrary, deem a grantee Secretary may adjust, reduce or process to perform specific functions; a to be carrying out its programs and withdraw the grant or take other actions subrecipient is not a contractor. activities in a timely manner if the as appropriate, except that funds Grantees must incorporate performance schedule for carrying out its activities is already expended on eligible approved requirements and penalties into each substantially met. In determining the activities shall not be recaptured. procured contract or agreement. The appropriate corrective action pursuant Appropriations Act requires HUD to to this section, HUD will take into B. Housing and Related Floodplain provide grantees with technical account the extent to which Issues. assistance on contracting and unexpended funds have been obligated 28. Housing-related eligibility waivers. procurement processes. by the grantee and its subrecipients for The broadening of 42 U.S.C. 5305(a)(24) 23. Public Web site. The specific activities at the time the finding is necessary following major disasters in Appropriations Act requires grantees to is made and other relevant information. which large numbers of affordable maintain a public Web site which 25. Review of continuing capacity to housing units have been damaged or provides information accounting for carry out CDBG-funded activities in a destroyed, as is the case of the disasters how all grant funds are used, and timely manner. If HUD determines at eligible under this Notice. Thus, 42

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14345

U.S.C. 5305(a) is waived to the extent to be provided is necessary and and (b) the purchase price is based on necessary to allow: homeownership reasonable. the property’s post-flood fair market assistance for households with up to 31. Acquisition of real property and value (the pre-flood value may not be 120 percent of the area median income, flood buyouts. Grantees under this used). In addition to the purchase price, down payment assistance for up to 100 notice are able to carry out property grantees may opt to provide relocation percent of the down payment (42 U.S.C. acquisition for a variety of purposes. assistance to the owner of a property 5305(a)(24)(D)), and new housing However, the term ‘‘buyouts’’ as that will be redeveloped if the property construction. While homeownership referenced in this Notice refers to is purchased by the grantee or assistance may be provided to acquisition of properties located in a subgrantee through voluntary households with up to 120 percent of floodway or floodplain that is intended acquisition, and the owner’s need for the area median income, only those to reduce risk from future flooding. additional assistance is documented. funds used to serve households with up HUD is providing alternative (3) In carrying out acquisition to 80 percent of the area median income requirements for consistency with the activities, grantees must ensure they are may qualify as meeting the low- and application of other Federal resources in compliance with their long-term moderate-income person benefit commonly used for this type of activity. redevelopment plans. national objective. a. Buyout requirements: 32. Alternative requirement for 29. Housing incentives to resettle in (1) Any property acquired, accepted, housing rehabilitation—assistance for disaster-affected communities. Incentive or from which a structure will be second homes. The Department is payments are generally offered in removed pursuant to the project will be instituting an alternative requirement to addition to other programs or funding dedicated and maintained in perpetuity the rehabilitation provisions at 42 (such as insurance), to encourage for a use that is compatible with open U.S.C. 5305(a) as follows: a ‘‘second households to relocate in a suitable space, recreational, or wetlands home’’, as defined in IRS Publication housing development or an area management practices; 936 (mortgage interest deductions), is promoted by the community’s (2) No new structure will be erected not eligible for rehabilitation assistance, comprehensive recovery plan. For on property acquired, accepted or from residential incentives, or to participate example, a grantee may offer an which a structure was removed under in a CDBG–DR buyout program (as incentive payment (possibly in addition the acquisition or relocation program defined by this Notice). to a buyout payment) for households other than (a) a public facility that is 33. Flood insurance. Grantees, that volunteer to relocate outside of a open on all sides and functionally recipients, and subrecipients must floodplain or to a lower-risk area. related to a designated open space (e.g., implement procedures and mechanisms Therefore, 42 U.S.C. 5305(a) and a park, campground, or outdoor to ensure that assisted property owners associated regulations are waived to the recreation area); (b) a rest room; (c) a comply with all flood insurance extent necessary to allow the provision flood control structure; or (d) a structure requirements, including the purchase of housing incentives. Grantees that the local floodplain manager and notification requirements described providing housing incentives must approves in writing before the below, prior to providing assistance. For maintain documentation, at least at a commencement of the construction of additional information, please consult programmatic level, describing how the the structure; with the Field Environmental Officer in amount of assistance was determined to (3) After receipt of the assistance, the local HUD Field Office or review the be necessary and reasonable. In with respect to any property acquired, guidance on flood insurance addition, the incentives must be in accepted, or from which a structure was requirements on HUD’s Web site. accordance with the grantee’s approved removed under the acquisition or a. Flood insurance purchase Action Plan and published program relocation program, no subsequent requirements. HUD does not prohibit design(s). Note that this waiver does not application for additional disaster the use of CDBG–DR funds for existing permit a compensation program. assistance for any purpose will be made residential buildings in the Special Additionally, a grantee may require the by the recipient to any Federal entity in Flood Hazard Area (SFHA) (or ‘‘100- incentive to be used for a particular perpetuity; year’’ floodplain). However, Federal purpose by the household receiving the (4) Grantees have the discretion to laws and regulations related to both assistance. determine an appropriate valuation flood insurance and floodplain 30. Limitation on emergency grant method (including the use of pre-flood management must be followed, as payments—interim mortgage assistance. value or post-flood value as a basis for applicable. With respect to flood 42 U.S.C. 5305(a)(8) is modified to property value). However, in using insurance, a HUD-assisted homeowner extend interim mortgage assistance to CDBG–DR funds for buyouts, the for a property located in the SFHA must qualified individuals from 3 months, for grantee must uniformly apply obtain and maintain flood insurance in up to 20 months. Interim mortgage whichever valuation method it chooses; the amount and duration prescribed by assistance is typically used in (5) All buyout activities must be FEMA’s National Flood Insurance conjunction with a buyout program, or classified using the ‘‘buyout’’ activity Program. Section 102(a) of the Flood the rehabilitation or reconstruction of type in the DRGR system; and Disaster Protection Act of 1973 (42 single family housing, during which (6) Any State grantee implementing a U.S.C. 4012a) mandates the purchase of mortgage payments may be due but the buyout program or activity must consult flood insurance protection for any HUD- home is uninhabitable. The time with affected UGLGs. assisted property within the SFHA. required for a household to complete b. Redevelopment of acquired b. Future Federal assistance to owners the rebuilding process may often extend properties. remaining in a floodplain. beyond three months. Thus, interim (1) Properties purchased through a (1) Section 582 of the National Flood assistance is critical for many buyout program may not typically be Insurance Reform Act of 1994, as households facing financial hardship redeveloped, with a few exceptions. See amended, (42 U.S.C. 5154a) prohibits during this period. A grantee using this subparagraph a(2), above. flood disaster assistance in certain alternative requirement must document, (2) Grantees may redevelop an circumstances. In general, it provides in its policies and procedures, how it acquired property if: (a) the property is that no Federal disaster relief assistance will determine the amount of assistance not acquired through a buyout program, made available in a flood disaster area

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14346 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

may be used to make a payment (5) The notification requirements household income and size (i.e., number (including any loan assistance payment) apply to personal, commercial, or of persons). Thus, it streamlines the to a person for repair, replacement, or residential property for which Federal documentation process by allowing the restoration for damage to any personal, disaster relief assistance made available collection of wage data from the assisted residential, or commercial property if in a flood disaster area has been business for each position created or that person at any time has received provided, prior to the date on which the retained, rather than from each Federal flood disaster assistance that property is transferred, for repair, individual household. was conditioned on the person first replacement, or restoration of the This alternative requirement has been having obtained flood insurance under property, if such assistance was granted on several prior occasions to applicable Federal law and the person conditioned upon obtaining flood CDBG–DR grantees, and to date, those has subsequently failed to obtain and insurance in accordance with applicable grants have not exhibited any issues of maintain flood insurance as required Federal law with respect to such concern in calculating the benefit to under applicable Federal law on such property. low- and moderate-income persons. The property. This means that a grantee may (6) The term ‘‘Federal disaster relief Department has determined that, in the not provide disaster assistance for the assistance’’ applies to HUD or other context of disaster recovery, this waiver repair, replacement, or restoration to a Federal assistance for disaster relief in is consistent with the HCD Act. person who has failed to meet this ‘‘flood disaster areas.’’ The term ‘‘flood 37. Public benefit for certain requirement. disaster area’’ is defined in section economic development activities. The (2) Section 582 also implies a 582(d)(2) of the National Flood public benefit provisions set standards responsibility for a grantee that receives Insurance Reform Act of 1994, as for individual economic development CDBG–DR funds or that designates amended, to include an area receiving a activities (such as a single loan to a annually appropriated CDBG funds for presidential declaration of a major business) and for economic disaster recovery. That responsibility is disaster or emergency as a result of development activities in the aggregate. to inform property owners receiving flood conditions. Currently, public benefit standards limit disaster assistance that triggers the flood C. Infrastructure (Public Facilities, the amount of CDBG assistance per job insurance purchase requirement that Public Improvements, Public Buildings) retained or created, or the amount of they have a statutory responsibility to CDBG assistance per low- and moderate- notify any transferee of the requirement 34. Buildings for the general conduct of government. 42 U.S.C. 5305(a) is income person to which goods or to obtain and maintain flood insurance, services are provided by the activity. and that the transferring owner may be waived to the extent necessary to allow grantees to fund the rehabilitation or These dollar thresholds can impede liable if he or she fails to do so. These recovery by limiting the amount of requirements are described below. reconstruction of public buildings that are otherwise ineligible. HUD believes assistance the grantee may provide to a (3) Duty to notify. In the event of the critical activity. transfer of any property described in this waiver is consistent with the overall This Notice waives the public benefit subparagraph (5), the transferor shall, purposes of the HCD Act, and is standards at 42 U.S.C. 5305(e)(3), 24 not later than the date on which such necessary for many grantees to CFR 570.482(f)(1), (2), (3), (4)(i), (5), and transfer occurs, notify the transferee in adequately address critical (6), and 570.209(b)(1), (2), (3)(i), (4), for writing of the requirements to: infrastructure needs created by the economic development activities (a) Obtain flood insurance in disaster. designed to create or retain jobs or accordance with applicable Federal law 35. Use of CDBG as Match. businesses (including, but not limited with respect to such property, if the Additionally, as provided by the HCD to, long-term, short-term, and property is not so insured as of the date Act, funds may be used as a matching infrastructure projects). However, on which the property is transferred; requirement, share, or contribution for grantees shall report and maintain and any other Federal program when used to (b) Maintain flood insurance in carry out an eligible CDBG–DR activity. documentation on the creation and accordance with applicable Federal law This includes programs or activities retention of total jobs; the number of with respect to such property. Such administered by the Federal Emergency jobs within certain salary ranges; the written notification shall be contained Management Agency (FEMA) or the U.S. average amount of assistance provided in documents evidencing the transfer of Army Corps of Engineers (USACE). per job, by activity or program; the North American Industry Classification ownership of the property. D. Economic Revitalization. (4) Failure to notify. If a transferor System (NAICS) code for each business fails to provide notice as described 36. National Objective Documentation assisted; and the types of jobs. HUD is above and, subsequent to the transfer of for Economic Development Activities. also waiving 570.482(g) and 570.209(c) the property: 24 CFR 570.483(b)(4)(i) and and (d) to the extent these provisions (a) The transferee fails to obtain or 570.208(a)(4)(i) are waived to allow the are related to public benefit. maintain flood insurance, in accordance grantees under this Notice to identify 38. Clarifying note on Section 3 with applicable federal law, with low- and moderate-income jobs benefit income documentation requirements. respect to the property; by documenting, for each person Pursuant to the U.S. Housing Act of (b) The property is damaged by a employed, the name of the business, 1937 (42 U.S.C. 1437a(b)(2)) and 24 CFR flood disaster; and type of job, and the annual wages or 135.5, the Secretary is authorized to (c) Federal disaster relief assistance is salary of the job. HUD will consider the establish income limits to consider an provided for the repair, replacement, or person income-qualified if the annual individual to be a Section 3 resident. restoration of the property as a result of wages or salary of the job is at or under This Notice authorizes grantees to such damage, the transferor shall be the HUD-established income limit for a determine that an individual is eligible required to reimburse the Federal one-person family. This method to be considered a Section 3 resident if Government in an amount equal to the replaces the standard CDBG the annual wages or salary of the person amount of the Federal disaster relief requirement in which grantees must are at, or under, the HUD-established assistance provided with respect to the review the annual wages or salary of a income limit for a one-person family for property. job in comparison to the person’s total the jurisdiction.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14347

39. Waiver and modification of the job 41. Alternative requirement for at 49 CFR part 24, except where waivers relocation clause to permit assistance to assistance to businesses, including or alternative requirements are provided help a business return. Traditional privately-owned utilities. The for in this Notice. CDBG requirements prevent program Department is instituting an alternative g. The grantee certifies that it will participants from providing assistance requirement to the provisions at 42 comply with section 3 of the Housing to a business to relocate from one labor U.S.C. 5305(a) as follows: when grantees and Urban Development Act of 1968 (12 market area to another—if the relocation under this Notice provide funds to for- U.S.C. 1701u), and implementing is likely to result in a significant loss of profit businesses, such funds may only regulations at 24 CFR part 135. jobs in the labor market from which the be provided to a small business, as h. The grantee certifies that it is business moved. This prohibition can be defined by the SBA under 13 CFR Part following a detailed citizen a critical barrier to reestablishing and 121. CDBG–DR funds made available participation plan that satisfies the rebuilding a displaced employment base under this Notice may also not be used requirements of 24 CFR 91.105 or after a major disaster. Therefore, 42 to assist a privately-owned utility for 91.115, as applicable (except as U.S.C. 5305(h), 24 CFR 570.210, and 24 any purpose. provided for in notices providing CFR 570.482(h) are waived to allow a waivers and alternative requirements for E. Certifications and Collection of this grant). Also, each UGLG receiving grantee to provide assistance to any Information. business that was operating in the assistance from a State grantee must disaster-declared labor market area 42. Certifications waiver and follow a detailed citizen participation before the incident date of the alternative requirement. Sections 91.325 plan that satisfies the requirements of 24 applicable disaster and has since and 91.225 of title 24 of the Code of CFR 570.486 (except as provided for in moved, in whole or in part, from the Federal Regulations are waived. Each notices providing waivers and affected area to another State or to a State or UGLG receiving a direct alternative requirements for this grant). labor market area within the same State allocation under this Notice must make i. Each State receiving a direct award to continue business. the following certifications with its under this Notice certifies that it has Action Plan: consulted with affected UGLGs in 40. Waiver to permit some activities in a. The grantee certifies that it will counties designated in covered major support of the tourism industry (State of affirmatively further fair housing, which disaster declarations in the non- New Jersey only). The State of New means that it will conduct an analysis entitlement, entitlement, and tribal Jersey plans to provide disaster recovery to identify impediments to fair housing areas of the State in determining the grant assistance to support the State’s choice within its jurisdiction and take uses of funds, including method of $38 billion tourism industry and appropriate actions to overcome the distribution of funding, or activities promote travel to communities in the effects of any impediments identified carried out directly by the State. disaster-impacted areas and has through that analysis, and maintain j. The grantee certifies that it is requested an eligibility waiver for such records reflecting the analysis and complying with each of the following activities. Without such intervention, actions in this regard (see 24 CFR criteria: the State estimates a $950 million loss 570.487(b)(2) and 570.601(a)(2)). In (1) Funds will be used solely for in the third quarter of 2013. Tourism addition, the grantee certifies that necessary expenses related to disaster industry support, such as a national agreements with subrecipients will meet relief, long-term recovery, restoration of consumer awareness advertising all civil rights related requirements infrastructure and housing, and campaign for an area in general, is pursuant to 24 CFR 570.503(b)(5). economic revitalization in the most ineligible for regular CDBG assistance. b. The grantee certifies that it has in impacted and distressed areas for which However, such support was eligible, effect and is following a residential anti- the President declared a major disaster within limits, for CDBG–DR funds displacement and relocation assistance in the aftermath of Hurricane Sandy, appropriated for recovery of Lower plan in connection with any activity pursuant to the Stafford Act. Manhattan following the September 11, assisted with funding under the CDBG (2) With respect to activities expected 2001, terrorist attacks, and HUD program. to be assisted with CDBG–DR funds, the understands that such support can be a c. The grantee certifies its compliance Action Plan has been developed so as to useful recovery tool in a damaged with restrictions on lobbying required give the maximum feasible priority to regional economy that depends on by 24 CFR part 87, together with activities that will benefit low- and tourism for many of its jobs and tax disclosure forms, if required by part 87. moderate-income families. revenues. However, because the State of d. The grantee certifies that the Action (3) The aggregate use of CDBG–DR New Jersey is proposing advertising and Plan for Disaster Recovery is authorized funds shall principally benefit low- and marketing activities rather than direct under State and local law (as applicable) moderate-income families in a manner assistance to tourism-dependent and that the grantee, and any contractor, that ensures that at least 50 percent of businesses, and because long-term subrecipient, or designated public the grant amount is expended for benefit from the proposed activities agency carrying out an activity with activities that benefit such persons. must be derived using indirect means, CDBG–DR funds, possess(es) the legal (4) The grantee will not attempt to 42 U.S.C. 5305(a) and 24 CFR 570.489(f) authority to carry out the program for recover any capital costs of public are waived only to the extent necessary which it is seeking funding, in improvements assisted with CDBG–DR to make eligible use of no more than $25 accordance with applicable HUD grant funds, by assessing any amount million for assistance for the tourism regulations and this Notice. against properties owned and occupied industry, including promotion of a e. The grantee certifies that activities by persons of low- and moderate- community or communities in general, to be administered with funds under income, including any fee charged or provided the assisted activities are this Notice are consistent with its assessment made as a condition of designed to support tourism to the most Action Plan. obtaining access to such public impacted and distressed areas related to f. The grantee certifies that it will improvements, unless: (a) disaster the effects of Hurricane Sandy. This comply with the acquisition and recovery grant funds are used to pay the waiver will expire at the end of the relocation requirements of the URA, as proportion of such fee or assessment grantee’s two year expenditure period. amended, and implementing regulations that relates to the capital costs of such

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14348 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

public improvements that are financed proficient financial controls and VIII. Catalog of Federal Domestic from revenue sources other than under procurement processes and has Assistance this title; or (b) for purposes of assessing established adequate procedures to The Catalog of Federal Domestic any amount against properties owned prevent any duplication of benefits as Assistance numbers for the disaster and occupied by persons of moderate defined by section 312 of the Stafford recovery grants under this Notice are as income, the grantee certifies to the Act, to ensure timely expenditure of follows: 14.218; 14.228. Secretary that it lacks sufficient CDBG funds, to maintain comprehensive Web IX. Finding of No Significant Impact funds (in any form) to comply with the sites regarding all disaster recovery requirements of clause (a). activities assisted with these funds, and A Finding of No Significant Impact k. The grantee certifies that it (and to detect and prevent waste, fraud, and (FONSI) with respect to the any subrecipient or recipient)) will abuse of funds. environment has been made in conduct and carry out the grant in accordance with HUD regulations at 24 conformity with title VI of the Civil 43. Information collection approval CFR part 50, which implement section Rights Act of 1964 (42 U.S.C. 2000d) note. HUD has approval for information 102(2)(C) of the National Environmental and the Fair Housing Act (42 U.S.C. collection requirements in accordance Policy Act of 1969 (42 U.S.C. 3601–3619) and implementing with the Paperwork Reduction Act of 4332(2)(C)). The FONSI is available for regulations. 1995 (44 U.S.C. 3501–20) under OMB public inspection between 8 a.m. and 5 l. The grantee certifies that it has control number 2506–0165. In p.m. weekdays in the Regulations adopted and is enforcing the following accordance with the Paperwork Division, Office of General Counsel, policies. In addition, States receiving a Reduction Act, HUD may not conduct or Department of Housing and Urban direct award must certify that they will sponsor, nor is a person required to Development, 451 7th Street SW., Room require UGLGs that receive grant funds respond to, a collection of information, 10276, Washington, DC 20410–0500. to certify that they have adopted and are unless the collection displays a valid Due to security measures at the HUD enforcing: control number. Headquarters building, an advance (1) A policy prohibiting the use of appointment to review the docket file excessive force by law enforcement VII. Duration of Funding must be scheduled by calling the agencies within its jurisdiction against The Appropriations Act requires that Regulations Division at 202–708–3055 any individuals engaged in nonviolent (this is not a toll-free number). Hearing HUD obligate all funds provided under civil rights demonstrations; and or speech-impaired individuals may Chapter 9, Community Development (2) A policy of enforcing applicable access this number through TTY by Fund, not later than September 30, State and local laws against physically calling the toll-free Federal Relay barring entrance to or exit from a facility 2017. Concurrently, section 904(c) of the Service at 800–877–8339. or location that is the subject of such Appropriations Act requires that all nonviolent civil rights demonstrations funds be expended within two years of Dated: February 28, 2013. within its jurisdiction. the date HUD obligates funds. Mark Johnston, m. Each State or UGLG receiving a Therefore, each grantee must expend all Deputy Assistant Secretary for Special Needs direct award under this Notice certifies funds within two years of the date HUD Programs. that it (and any subrecipient or signs the grant agreement with the Appendix A—Allocation Methodology recipient) has the capacity to carry out grantee. Note that if a grantee amends its To expedite recovery while recognizing disaster recovery activities in a timely Action Plan to program additional funds manner; or the State or UGLG will that time is needed to get a full that the Department has allocated to it, understanding of long-term recovery needs develop a plan to increase capacity the grant agreement must also be relating to eligible disasters supported by where such capacity is lacking. revised. As stated in paragraph 1.a, Public Law 113–2, this allocation provides n. The grantee will not use grant $5.4 billion of the $16 billion, reserving the funds for any activity in an area under section VI of this Notice, the balance to address the full scope of needs delineated as a special flood hazard area requirement for each grantee to expend when better information is available. funds within two years is triggered by or equivalent in FEMA’s most recent Background and current data source unless it also each amendment to the grant agreement. That is, each grant amendment has its Public Law 113–2 states: ensures that the action is designed or For an additional amount for ‘‘Community modified to minimize harm to or within own expenditure deadline. Pursuant to Development Fund’’, $16,000,000,000, to the floodplain in accordance with section 904(c) of the Appropriations remain available until September 30, 2017, Executive Order 11988 and 24 CFR part Act, grantees or HUD may request for necessary expenses related to disaster 55. The relevant data source for this waivers of the two-year expenditure relief, long-term recovery, restoration of provision is the latest issued FEMA data deadline from the Office of Management infrastructure and housing, and economic or guidance, which includes advisory and Budget. For any funds that the revitalization in the most impacted and data (such as Advisory Base Flood distressed areas resulting from a major grantee believes will not be expended disaster declared pursuant to the Robert T. Elevations) or preliminary and final by the deadline, it must submit a letter Stafford Disaster Relief and Emergency Flood Insurance Rate Maps. to HUD justifying why it is necessary to Assistance Act (42 U.S.C. 5121 et seq.) due o. The grantee certifies that its extend the deadline for a specific to Hurricane Sandy and other eligible events activities concerning lead-based paint portion of funds. The letter must detail in calendar years 2011, 2012, and 2013, for will comply with the requirements of 24 activities authorized under title I of the the compelling legal, policy, or Housing and Community Development Act of CFR part 35, subparts A, B, J, K, and R. operational challenges for any such p. The grantee certifies that it will 1974 (42 U.S.C. 5301 et seq.): waiver, and must also identify the date comply with applicable laws. Provided, That funds shall be awarded q. The grantee certifies that it has by when the specified portion of funds directly to the State or unit of general local government as a grantee at the discretion of reviewed the requirements of this will be expended. Funds remaining in the grantee’s line of credit at the time of the Secretary of Housing and Urban Notice and requirements of Public Law Development: 113–2 applicable to funds allocated by this expenditure deadline will be Provided further, That the Secretary shall this Notice, and that it has in place returned to the U.S. Treasury. allocate to grantees not less than 33 percent

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14349

of the funds provided under this heading the needs for business to recover. This damage is used as a proxy for unit damage. within 60 days after the enactment of this Act estimate looks at the properties that have Each of the FEMA inspected renter units are based on the best available data: applied for SBA disaster loans and categorized by HUD into one of five Provided further, That prior to the extrapolates both estimated damage and categories: obligation of funds, a grantee shall submit a disapproval rates based on the applications Æ Minor-Low: Less than $1,000 of FEMA plan to the Secretary for approval detailing requested to date. As with the housing inspected personal property damage the proposed use of all funds, including estimates, HUD applies an assumption about Æ Minor-High: $1,000 to $1,999 of FEMA criteria for eligibility and how the use of expected SBA denial rates. inspected personal property damage these funds will address long-term recovery Æ and restoration of infrastructure and housing Methodology for Calculating Unmet Needs Major-Low: $2,000 to $3,499 of FEMA and economic revitalization in the most Available Data inspected personal property damage impacted and distressed areas: Æ Major-High: $3,500 to $7,499 of FEMA The ‘‘best available’’ data HUD staff have The legislation specifies that the CDBG–DR inspected personal property damage or 1 to identified as being available to calculate funds are to be used ‘‘for necessary expenses 4 feet of flooding on the first floor. unmet needs at this time for the targeted related to disaster relief, long-term recovery, Æ disasters come from the following data Severe: Greater than $7,500 of FEMA restoration of infrastructure and housing, and sources: inspected personal property damage or economic revitalization in the most impacted • FEMA Individual Assistance program determined destroyed and/or 4 or more feet and distressed areas resulting from a major data on housing unit damage; of flooding on the first floor. disaster’’ and further specifies that the funds • SBA for management of its disaster For rental properties, to meet the statutory are not to be used for activities reimbursable assistance loan program for housing repair requirement of ‘‘most impacted’’ in this by FEMA or the Corps of Engineers. and replacement; legislative language, homes are determined to The language also calls for HUD to use • SBA for management of its disaster ‘‘best available’’ data to make its allocation. have a high level of damage if they have assistance loan program for business real For this allocation, similar to prior damage of ‘‘major-low’’ or higher. That is, estate repair and replacement as well as allocations, HUD makes a determination of they have a FEMA personal property damage content loss; and unmet needs by estimating unmet needs assessment of $2,000 or greater or flooding related to the main intended uses of the Calculating Unmet Housing Needs over 1 foot. Furthermore, landlords are funds: presumed to have adequate insurance • The core data on housing damage for both ‘‘restoration of * * * housing’’. We the unmet housing needs calculation and the coverage unless the unit is occupied by a make an estimate with best available data on concentrated damage are based on home renter with income of $30,000 or less. Units the amount of housing damage not likely to inspection data for FEMA’s Individual are occupied by a tenant with income less be covered by insurance, SBA disaster loans, Assistance program. For unmet housing than $30,000 are used to calculate likely or FEMA housing assistance. To target the needs, the FEMA data are supplemented by unmet needs for affordable rental housing. ‘‘most impacted and distressed areas’’, the Small Business Administration data from its • The average cost to fully repair a home calculation limits the need calculation only Disaster Loan Program. HUD calculates for a specific disaster to code within each of to homes with high levels of individual ‘‘unmet housing needs’’ as the number of the damage categories noted above is damage (see below). housing units with unmet needs times the • ‘‘economic revitalization’’. We make an calculated using the average real property estimated cost to repair those units less damage repair costs determined by the Small estimate with best available data on the repair funds already provided by FEMA, amount of damage to businesses applying for Business Administration for its disaster loan where: program for the subset of homes inspected by an SBA loan that are expected to be turned • Each of the FEMA inspected owner units both SBA and FEMA. Because SBA is down, usually because of inadequate credit are categorized by HUD into one of five inspecting for full repair costs, it is presumed or income to support the needed loan categories: amount. Æ Minor-Low: Less than $3,000 of FEMA to reflect the full cost to repair the home, • ‘‘restoration of infrastructure’’. Due to inspected real property damage which is generally more than the FEMA the early stage of the disaster, HUD did not Æ Minor-High: $3,000 to $7,999 of FEMA estimates on the cost to make the home use data on infrastructure need for this first inspected real property damage habitable. If fewer than 100 SBA inspections allocation, pending getting better information Æ Major-Low: $8,000 to $14,999 of FEMA are made for homes within a FEMA damage on infrastructure needs which will be used inspected real property damage category, the estimated damage amount in in a later allocation. That noted, grantees may Æ Major-High: $15,000 to $28,800 of FEMA the category for that disaster has a cap use this initial allocation to begin addressing inspected real property damage and/or 1 to applied at the 75th percentile of all damaged infrastructure needs. 4 feet of flooding on the first floor. units for that category for all disasters and Æ These estimated needs are then summed Severe: Greater than $28,800 of FEMA has a floor applied at the 25th percentile. together and an allocation is made among the inspected real property damage or grantee universe based on their proportional determined destroyed and/or 4 or more feet Calculating Economic Revitalization Needs share of ‘‘unmet needs’’. At this point, there of flooding on the first floor. Based on SBA disaster loans to businesses, is good data on number of affected To meet the statutory requirement of ‘‘most HUD used the sum of real property and real households and likely damage, but there is impacted’’ in this legislative language, homes content loss of small businesses not receiving less complete data on the extent other are determined to have a high level of an SBA disaster loan times 85 percent. This resources have addressed those needs, damage if they have damage of ‘‘major-low’’ is adjusted upward by a per business unmet specifically: or higher. That is, they have a real property • Severe unmet housing needs. HUD limits FEMA inspected damage of $8,000 or need times the number of applications the calculation of unmet needs to only flooding over 1 foot. Furthermore, a denied pre-inspection for inadequate credit properties with significant damage. This goes homeowner is determined to have unmet or income or the loan was still in processing toward meeting the Congressional needs if they have received a FEMA grant to and did not yet have an inspection. requirement of most impacted. Information make home repairs. For other homeowners at Because applications denied for poor credit on the adequacy of insurance to address this stage of the disaster, assumptions are or income are the most likely measure of housing needs was still very early in the made about the likely percent of damage not requiring the type of assistance available disaster response, a high percentage of covered by insurance. This is assumed to with CDBG recovery funds, the calculated affected property owners are still increase by severity of damage to the home. unmet business needs for each state are determining how much of their recovery The assumptions applied to ascertain the adjusted upwards by the proportion of total needs will be covered by insurance. To adjust range of allocations were 30 percent for application that were denied at the pre- for this uncertainty, HUD applied homes with major-low damage; 50 percent process stage because of poor credit or assumptions about insurance coverage rates for homes with major-high damage; and 70 inability to show repayment ability. to calculate the severe housing needs. percent for homes with severe damage. • Unmet business loss. It is very early in • FEMA does not inspect rental units for [FR Doc. 2013–05170 Filed 3–4–13; 8:45 am] the disaster response to accurately estimate real property damage so personal property BILLING CODE 4210–67–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00086 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14350 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

DEPARTMENT OF HOUSING AND performing mortgage loans (Mortgage the number of Mortgage Loans delivered URBAN DEVELOPMENT Loans) secured by single family will vary depending upon the number of properties located throughout the Mortgage Loans the Participating [Docket No. FR–5699–N–01] United States. A listing of the Mortgage Servicers have submitted for the Notice of Single Family Loan Sales Loans is included in the due diligence payment of an FHA insurance claim. (SFLS 2013–1) materials made available to qualified The Participating Servicers will not be bidders. The Mortgage Loans will be able to submit claims on loans that are AGENCY: Office of the Assistant sold without FHA insurance and with not included in the Mortgage Loan Secretary for Housing—Federal Housing servicing released. HUD will offer Portfolio set forth in the BIP. Commissioner, HUD. qualified bidders an opportunity to bid There can be no assurance that any ACTION: Notice of sales of mortgage competitively on the Mortgage Loans. Participating Servicer will deliver a loans. The Loans will be offered on two sale minimum number of Mortgage Loans to dates. On March 20, 2013, the HUD or that a minimum number of SUMMARY: This notice announces HUD’s Department will offer national loan Mortgage Loans will be delivered to the intention to competitively sell certain pools for bid. On March 27, 2013, the Purchaser. unsubsidized single family mortgage Department will offer regionally-based The 2013–1 sale of Mortgage Loans loans, in a sealed bid sale offering called pools, with additional purchaser are assigned to HUD pursuant to section SFLS 2013–1, without Federal Housing requirements, that are called the 204(a)(1)(A) of the National Housing Act Administration (FHA) mortgage Neighborhood Stabilization Outcome as amended under Title VI of the insurance. This notice also generally pools. Departments of Veterans Affairs and describes the bidding process for the Housing and Urban Development and sale and describes certain persons who The Bidding Process Independent Agencies Appropriations are ineligible to bid. This first sale of The BIP describes in detail the Act, 1999. The sale of the Mortgage Fiscal Year (FY) 2013 is scheduled for procedure for bidding in SFLS 2013–1. Loans is pursuant to section 204(g) of March 2013. FHA also expects to The BIP also includes a standardized the National Housing Act. conduct two additional sales in FY 2013 non-negotiable Conveyance, Assignment in June and September 2013. and Assumption Agreement (CAA Mortgage Loan Sale Procedure DATES: The Bidder’s Information Agreement). Qualified bidders will be HUD selected an open competitive Package (BIP) was made available to required to submit a deposit with their whole-loan sale as the method to sell qualified bidders on or about February bid. Deposits are calculated based upon the Mortgage Loans for this specific sale 20, 2013. Bids for the 2013–1 sale will each qualified bidder’s aggregate bid transaction. For the SFLS 2013–1, HUD be accepted on two Bid Dates and must price. has determined that this method of sale be submitted on those dates, which are HUD will evaluate the bids submitted optimizes HUD’s return on the sale of currently scheduled for March 20, 2013 and determine the successful bid, in these Mortgage Loans, affords the and March 27, 2013 (Bid Dates). HUD terms of the best value to HUD, in its greatest opportunity for all qualified anticipates that award(s) will be made sole and absolute discretion. If a bidders to bid on the Mortgage Loans, on or about March 21, 2013, for the first qualified bidder is successful, the and provides the quickest and most offering, and March 28, 2013, for the qualified bidder’s deposit will be non- efficient vehicle for HUD to dispose of second (the Award Dates). refundable and will be applied toward the Mortgage Loans. the purchase price. Deposits will be ADDRESSES: To become a qualified Bidder Ineligibility bidder and receive the BIP, prospective returned to unsuccessful bidders. For bidders must complete, execute, and the 2013–1 sale actions, settlements are Note: Related Entities, as used in this submit a Confidentiality Agreement and expected to take place on or about April Notice, are defined as (a) two entities that a Qualification Statement acceptable to 22, 2013 and May 20, 2013. have (i) significant common purposes and HUD. Both documents are available via This notice provides some of the basic substantial common membership or (ii) the HUD Web site at: http:// terms of sale. The CAA Agreement, directly or indirectly substantial common www.hud.gov/sfloansales or via: http:// which is included in the BIP, provides direction or control; or (b) either entity owns (directly or through one or more entities) a www.DebtX.com. comprehensive contractual terms and conditions. To ensure a competitive 50 percent or greater interest in the capital Please mail and fax executed or profits of the other. For this purpose, documents to SEBA Professional bidding process, the terms of the entities treated as related entities under this Services: SEBA Professional Services, bidding process and the CAA definition shall be treated as one entity. c/o The Debt Exchange, 133 Federal Agreement are not subject to negotiation. In order to bid in the 2013–1 sale as Street, 10th Floor, Boston, MA 02111, a qualified bidder, a prospective bidder Attention: HUD SFLS Loan Sale Due Diligence Review must complete, execute and submit both Coordinator, Fax: 1–617–531–3499. The BIP describes how qualified a Confidentiality Agreement and a FOR FURTHER INFORMATION CONTACT: John bidders may access the due diligence Qualification Statement acceptable to Lucey, Deputy Director, Asset Sales materials remotely via a high-speed HUD and applicable to the loan pool Office, Room 3136, Department of Internet connection. being purchased. If any of the following Housing and Urban Development, 451 apply to (i) a prospective bidder, (ii) the Seventh Street SW., Washington, DC Mortgage Loan Sale Policy prospective bidder’s significant (>10%) 20410–8000; telephone 202–708–2625, HUD reserves the right to remove owners and persons with authority or extension 3927. Hearing- or speech- Mortgage Loans from SFLS 2013–1 at control over the prospective bidder; (iii) impaired individuals may call 202–708– any time prior to the Award Date. HUD any individuals/entities related to the 4594 (TTY). These are not toll-free also reserves the right to reject any and prospective bidder (‘‘Related Entities’’ numbers. all bids, in whole or in part, and include as defined below) or (iv) significant SUPPLEMENTARY INFORMATION: HUD any Mortgage Loans in a later sale. (>10%) owners and person with announces its intention to sell in SFLS Deliveries of Mortgage Loans will occur authority or control of such Related 2013–1 certain unsubsidized non- in at least two monthly settlements and Entities, then the prospective bidder is

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14351

ineligible to bid on any of the Mortgage (sub-paragraph 8); (b) any employee or cancelled due to budget sequestration, Loans included in SFLS: subcontractor of such entity or and will not be rescheduled. 1. The prospective bidder is an individual during that 2-year period FOR FURTHER INFORMATION CONTACT: The employee of HUD, a member of such prior to Award Date; or (c) any entity or Designated Federal Official, Lori employee’s household, or an entity individual that employs or uses the Williams, NISC Executive Director, 202– owned or controlled by any such services of any other entity or 513–7243; or email to employee or member of such an individual described in this paragraph [email protected]. employee’s household with household in preparing its bid on such Mortgage SUPPLEMENTARY INFORMATION: The ISAC to be inclusive of the employee’s father, Loan; or mother, stepfather, stepmother, brother, 9. The prospective bidder is an entity is comprised of 31 nonfederal invasive sister, stepbrother, stepsister, son, that has had its right to act as a species experts and stakeholders from daughter, stepson, stepdaughter, Government National Mortgage across the nation. The purpose of the grandparent, grandson, granddaughter, Association (Ginnie Mae) issuer and its Advisory Committee is to provide father-in-law, mother-in-law, brother-in- interest in mortgages backing Ginnie advice to the National Invasive Species law, sister-in-law, son-in-law, daughter- Mae mortgage-backed securities Council, as authorized by Executive in-law, first cousin, the spouse of any of extinguished and terminated by Ginnie Order 13112, on a broad array of issues the foregoing, and the employee’s Mae. related to preventing the introduction of spouse; invasive species and providing for their 2. The prospective bidder is an Freedom of Information Act Requests control and minimizing the economic, individual or entity that is currently HUD reserves the right, in its sole and ecological, and human health impacts debarred, suspended, or excluded from absolute discretion, to disclose that invasive species cause. The Council doing business with HUD pursuant to information regarding SFLS 2013–1, is co-chaired by the Secretary of the the Governmentwide Suspension and including, but not limited to, the Interior, the Secretary of Agriculture, Debarment regulations at Title 2 of the identity of any successful qualified and the Secretary of Commerce. The Code of Federal Regulations, parts 180 bidder and its bid price or bid duty of the Council is to provide and 24243) the prospective bidder is an percentage for any pool of loans or national leadership regarding invasive individual or entity that has been individual loan, upon the closing of the species issues. suspended, debarred or otherwise sale of all the Mortgage Loans. Even if Dated: February 28, 2013. restricted by any Department or Agency HUD elects not to publicly disclose any Lori Williams, of the Federal Government or of a State information relating to SFLS 2013–1, Executive Director, National Invasive Species Government from doing business with HUD will disclose any information that Council. such Department or Agency; HUD is obligated to disclose pursuant to [FR Doc. 2013–05115 Filed 3–4–13; 8:45 am] 3. The prospective bidder is an the Freedom of Information Act and all BILLING CODE 4310–RK–P individual or entity that has been regulations promulgated thereunder. debarred, suspended, or excluded from Scope of Notice doing mortgage related business, DEPARTMENT OF THE INTERIOR including having a business license This notice applies to SFLS 2013–1 suspended, surrendered or revoked, by and does not establish HUD’s policy for Office of the Secretary any federal, state or local government the sale of other mortgage loans. agency, division or department; Dated: February 27, 2013. Wildland Fire Executive Council; 4. The prospective bidder is a Renewal Laura M. Marin, contractor, subcontractor and/or AGENCY: consultant or advisor (including any Acting General Deputy Assistant Secretary Department of the Interior. for Housing. agent, employee, partner, director, ACTION: Renewal of the Wildland Fire principal or affiliate of any of the [FR Doc. 2013–05086 Filed 3–4–13; 8:45 am] Executive Council. BILLING CODE 4210–67–P foregoing) who performed services for or SUMMARY: In accordance with the on behalf of HUD in connection with provisions of the Federal Advisory single family asset sales; Committee Act (FACA), as amended, 5 5. The prospective bidder is an DEPARTMENT OF THE INTERIOR U.S.C. Appendix 2, and with the individual or entity that uses the concurrence of the General Services services, directly or indirectly, of any Office of the Secretary Administration, the Department of the person or entity ineligible under Invasive Species Advisory Committee; Interior and the Department of subparagraphs 1 through 3 above to Meeting Cancellation Agriculture are renewing the Wildland assist in preparing any of its bids on the Fire Executive Council (WFEC). The Mortgage Loans; AGENCY: Office of the Secretary, Interior. purpose of the WFEC is to provide 6. The prospective bidder is an ACTION: Notice of meeting cancellation. advice on the coordinated national level individual or entity which employs or wildland fire policy leadership, uses the services of an employee of HUD SUMMARY: The meeting of the Invasive direction, and program oversight in (other than in such employee’s official Species Advisory Committee (ISAC) support to the Wildland Fire Leadership capacity) who is involved in single scheduled for Thursday, March 7, 2013 Council. family asset sales; and Friday, March 8, 2013; is cancelled. 7. The prospective bidder is an entity The ISAC new member orientation FOR FURTHER INFORMATION CONTACT: Ms. or individual that serviced or held any scheduled for Wednesday, March 6, Shari Eckhoff, Designated Federal Mortgage Loan at any time during the 2- 2013 is also cancelled. Notice of this Officer, 300 E Mallard Drive, Suite 170, year period prior to the Award Date; meeting was published in the February Boise, Idaho 83706; telephone (208) 8. The prospective bidder is an entity 11, 2013 issue of the Federal Register 334–1552; fax (208) 334–1549; or email or individual that is: (a) Any affiliate or (78 FR 9724). A correction to meeting [email protected]. principal of any entity or individual dates was published on February 20, SUPPLEMENTARY INFORMATION: The WFEC described in the preceding sentence 2013 (78 FR 11899). Both events are is being renewed as a discretionary

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14352 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

advisory committee under the National League of Cities; and (10) Geographic Sciences, Bureau of Land authorities of the Secretary of the National Governors’ Association. Management, 333 SW. 1st Avenue, Interior and Secretary of Agriculture, in No individual who is currently Portland, Oregon 97204. Persons who furtherance of 43 U.S.C. 1457 and registered as a Federal lobbyist is use a telecommunications device for the provisions of the Fish and Wildlife Act eligible to serve as a member of the deaf (TDD) may call the Federal of 1956 (16 U.S.C. 742a–742j), the WFEC. Information Relay Service (FIRS) at 1– Federal Land Policy and Management Certification Statement: I hereby 800–877–8339 to contact the above Act of 1976 (43 U.S.C. 1701 et. seq), the certify that the renewal of the Wildland individual during normal business National Wildlife Refuge System Fire Executive Council is necessary and hours. The FIRS is available 24 hours a Improvement Act of 1997 (16 U.S.C. is in the public interest in connection day, 7 days a week, to leave a message 668dd–668ee), and the National Forest with the performance of duties imposed or question with the above individual. Management Act of 1976 (16 U.S.C. on the Department of the Interior and You will receive a reply during normal 1600 et.seq) and in accordance with the the Department of Agriculture under 43 business hours. U.S.C. 1457 and provisions of the Fish provisions of the FACA, as amended, 5 SUPPLEMENTARY INFORMATION: A person U.S.C. Appendix 2. The Secretary of the and Wildlife Act of 1956 (16 U.S.C. 742a–742j), the Federal Land Policy and or party who wishes to protest against Interior and Secretary of Agriculture this survey must file a written notice certify that the renewal of the WFEC is Management Act of 1976 (43 U.S.C. 1701 et. seq), the National Wildlife with the Oregon State Director, Bureau necessary and is in the public interest. of Land Management, stating that they The WFEC will conduct its operations Refuge System Improvement Act of 1997 (16 U.S.C. 668dd–668ee), and the wish to protest. A statement of reasons in accordance with the provisions of the for a protest may be filed with the notice FACA. It will report to the Secretary of National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.). of protest and must be filed with the the Interior and Secretary of Agriculture Oregon State Director within thirty days through the Wildland Fire Leadership Dated: February 19, 2013. after the protest is filed. If a protest Council, which is comprised of, in part, Ken Salazar, against the survey is received prior to the Assistant Secretary for Policy, Secretary of the Interior. the date of official filing, the filing will Management and Budget and the [FR Doc. 2013–05025 Filed 3–4–13; 8:45 am] be stayed pending consideration of the Directors of National Park Service, the BILLING CODE 4310–J4–P protest. A plat will not be officially filed U.S. Fish and Wildlife Service, the until the day after all protests have been Bureau of Land Management, the dismissed or otherwise resolved. Bureau of Indian Affairs, and the U.S. DEPARTMENT OF THE INTERIOR Before including your address, phone Geological Survey for the Department of Bureau of Land Management number, email address, or other the Interior, and for the Department of personal identifying information in your Agriculture, the Under Secretary for [LLOR957000–L63100000–HD0000– comment, you should be aware that Natural Resources and Environment, the 13XL1165AF: HAG13–0130] your entire comment—including your Deputy Under Secretary for Natural personal identifying information—may Filing of Plats of Survey: Oregon/ Resources and Environment, and the be made publicly available at any time. Washington Chief of the Forest Service. While you can ask us in your comment The Department of the Interior’s AGENCY: Bureau of Land Management, to withhold your personal identifying Office of Wildland Fire will provide Interior. information from public review, we support for the WFEC. ACTION: Notice. cannot guarantee that we will be able to The purpose of the WFEC is to do so. provide advice on the coordinated SUMMARY: The plats of survey of the national level wildland fire policy following described lands are scheduled Mary J.M. Hartel, leadership, direction, and program to be officially filed in the Bureau of Chief Cadastral Surveyor of Oregon/ oversight in support to the Wildland Land Management, Oregon State Office, Washington. Fire Leadership Council. Portland, Oregon, 30 days from the date [FR Doc. 2013–05000 Filed 3–4–13; 8:45 am] The WFEC will meet approximately of this publication. BILLING CODE 4310–33–P 6–12 times a year. The Secretary of the Willamette Meridian Interior and the Secretary of Agriculture will appoint members on a staggered Oregon DEPARTMENT OF THE INTERIOR term basis for terms not to exceed 3 T. 22 S., R. 10 E., accepted January 18, 2013 years. T. 8 S., R. 19 E., accepted February 22, 2013 National Indian Gaming Commission Members of the WFEC shall be T. 39 S., R. 6 W., accepted February 22, 2013 T. 33 S., R. 5 W., accepted February 22, 2013 Notice of Approved Class III Tribal composed of representatives from the Gaming Ordinances Federal government, and from among, T. 22 S., R. 6 W., accepted February 22, 2013 T. 22 S., R. 10 E., accepted February 22, 2013 but not limited to, the following interest T. 28 S., R. 12 W., accepted February 22, AGENCY: National Indian Gaming groups. (1) Director, Department of the 2013 Commission. Interior, Office of Wildland Fire; (2) ACTION: Notice. Director, United States Department of Washington T. 30 N., R. 7 W., accepted February 22, 2013 Agriculture, Forest Service, Fire and SUMMARY: The purpose of this notice is ADDRESSES: A copy of the plats may be Aviation Management; (3) Assistant to inform the public of the approved obtained from the Public Room at the Administrator, U.S. Fire Class III tribal gaming ordinances. Administration; (4) National Wildfire Bureau of Land Management, Oregon Coordinating Group; (5) National State Office, 333 SW. 1st Avenue, DATES: Effective Date: This notice is Association of State Foresters; (6) Portland, Oregon 97204, upon required effective upon date of publication in the International Association of Fire Chiefs; payment. Federal Register. (7) Intertribal Timber Council; (8) FOR FURTHER INFORMATION CONTACT: Kyle FOR FURTHER INFORMATION CONTACT: Ms. National Association of Counties; (9) Hensley, (503) 808–6132, Branch of Shakira Ferguson, Office of General

VerDate Mar<15>2010 18:34 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14353

Counsel at the National Indian Gaming 11. Bay Mills Indian Community 56. Coushatta Tribe of Louisiana Commission, 202–632–7003. 12. Bear River Band of Rohnerville 57. Cow Creek Band of Umpqua Indians SUPPLEMENTARY INFORMATION: The Rancheria of Oregon Indian Gaming Regulatory Act (IGRA), 13. Berry Creek Rancheria of Tyme 58. Coyote Valley Band of Pomo Indians 25 U.S.C. 2701 et seq., established the Maidu Indians of California National Indian Gaming Commission 14. Big Lagoon Rancheria 59. Crow Creek Sioux Tribe (Commission). Section 2710 of IGRA 15. Big Pine Band of Owens Valley 60. Crow Indian Tribe of Montana authorizes the Chair of the Commission Paiute Shoshone Indians 61. Delaware Tribe of Western to approve Class II and Class III tribal 16. Big Sandy Rancheria Band of Oklahoma gaming ordinances. Section Western Mono Indians 62. Delaware Tribe of Indians 2710(d)(2)(B) of IGRA, as implemented 17. Big Valley Band of Pomo Indians 63. Dry Creek Rancheria of Pomo by NIGC regulations, 25 CFR 522.8, 18. Blackfeet Tribe Indians of California requires the Chair to publish in the 19. Blue Lake Rancheria of California 64. Eastern Band of Cherokee Indians Federal Register approved Class III 20. Bois Forte Band of the Minnesota 65. Eastern Shawnee Tribe of Oklahoma tribal gaming ordinances and the Chippewa Tribe 66. Eastern Shoshone Tribe of the Wind approvals thereof. 21. Buena Vista Rancheria of Me-Wuk River Indian Reservation IGRA requires all tribal gaming Indians 67. Elem Indian Colony of Pomo Indians ordinances to contain the same 22. Burns Paiute Tribe 68. Elk Valley Rancheria requirements concerning tribes’ sole 23. Cabazon Band of Mission Indians 69. Ely Shoshone Tribe of Nevada proprietary interest and responsibility 24. Cachil DeHe Band of Wintun 70. Enterprise Rancheria of the Maidu for the gaming activity, use of net Indians of the Colusa Indian Indians of California 71. Ewiiaapaayp Band of Kumeyaay revenues, annual audits, health and Community Indians safety, background investigations and 25. Caddo Nation of Oklahoma 26. Cahto Indian Tribe of the 72. Fallon Paiute-Shoshone Tribes licensing of key employees and primary Laytonville Rancheria 73. Federated Indians of Graton management officials. The Commission, 27. Cahuilla Band of Mission Indians Rancheria therefore, believes that publication of 28. California Valley Miwok Tribe 74. Flandreau Santee Sioux Tribe of each ordinance in the Federal Register 29. Campo Band of Diegueno Mission South Dakota would be redundant and result in Indians 75. Fond du Lac Band of Lake Superior unnecessary cost to the Commission. 30. Chemehuevi Indian Tribe Chippewa Thus, the Commission views the 31. Cher-Ae Heights Indian Community 76. Forest County Potawatomi publishing a notice of approved Class III of the Trinidad Rancheria Community tribal gaming ordinances in the Federal 32. Cherokee Nation of Oklahoma 77. Fort Belknap Indian Community Register as sufficient to meet the 33. Cheyenne and Arapahoe Tribes 78. Fort Independence Indian requirements of 25 U.S.C. 2710(d)(2)(B). 34. Cheyenne River Sioux Tribe Community of Paiute Indians Every approved tribal gaming 35. Chickasaw Nation of Oklahoma 79. Fort McDermitt Paiute-Shoshone ordinance, every approved ordinance 36. Chicken Ranch Rancheria of Me- Tribe of Nevada and Oregon amendment, and the approval thereof, Wuk Indians 80. Fort McDowell Yavapai Nation are posted on the Commission’s Web 37. Chippewa-Cree Tribe of the Rocky 81. Fort Mojave Indian Tribe of Arizona, site (www.nigc.gov) under Reading Boy’s Reservation California and Nevada Room, Gaming Ordinances. Also, the 38. Chitimacha Tribe of Louisiana 82. Gila River Indian Community Commission will make copies of 39. Choctaw Nation of Oklahoma 83. Grand Portage Band of Chippewa approved Class III ordinances available 40. Citizen Potawatomi Nation Indians to the public upon request. Requests can 41. Cloverdale Rancheria of Pomo 84. Grand Traverse Band of Ottawa and be made in writing to the Office of Indians Chippewa Indians General Counsel, National Indian 42. Cocopah Indian Tribe 85. Greenville Rancheria of Maidu Gaming Commission, Attention: Office 43. Coeur d’Alene Tribe Indians of California of General Counsel, 1441 L Street NW., 44. Colorado River Indian Tribes 86. Grindstone Indian Rancheria of Suite 9100, Washington, DC 20005. 45. Comanche Nation of Oklahoma Wintun-Wailaki Indians of The following constitutes a 46. Confederated Salish and Kootenai California consolidated list of all Tribes that have Tribes of the Flathead Reservation 87. Guidiville Band of Pomo Indians approved tribal gaming ordinances 47. Confederated Tribes and Bands of 88. Habematolel Pomo of Upper Lake authorizing Class III gaming. the Yakama Nation 89. Hannahville Indian Community 1. Absentee-Shawnee Tribe of Indian of 48. Confederated Tribes of Coos, Lower 90. Ho-Chunk Nation of Wisconsin Oklahoma Umpqua and Siuslaw Indians of 91. Hoopa Valley Tribe 2. Agua Caliente Band of Cahuilla Oregon 92. Hopland Band of Pomo Indians Indians 49. Confederated Tribes of the Chehalis 93. Hualapai Indian Tribe 3. Ak-Chin Indian Community of the Reservation 94. Iipay Nation of Santa Ysabel of Maricopa Indian Reservation 50. Confederated Tribes of the Colville California 4. Alabama-Quassarte Tribal Town Reservation 95. Iowa Tribe of Kansas and Nebraska 5. Alturas Indian Rancheria 51. Confederated Tribes of the Grand 96. Iowa Tribe of Oklahoma 6. Apache Tribe of Oklahoma Ronde Community of Oregon 97. Jackson Rancheria Band of Miwuk 7. Assiniboine & Sioux Tribes of Fort 52. Confederated Tribes of the Siletz Indians Peck Indian Reservation Indians of Oregon 98. Jamestown S’Klallam Tribe of 8. Augustine Band of Cahuilla Indians 53. Confederated Tribes of the Umatilla Washington 9. Bad River Band of Lake Superior Reservation 99. Jena Band of Choctaw Indians Tribe of Chippewa Indians 54. Confederated Tribes of the Warm 100. Jicarilla Apache Nation 10. Barona Group of Captain Grande Springs Reservation 101. Kaibab Band of Paiute Indians Band of Mission Indians 55. Coquille Indian Tribe 102. Kalispel Tribe of Indians

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14354 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

103. Karuk Tribe 154. Ohkay Owingeh 209. Rosebud Sioux Tribe 104. Kaw Nation 155. Omaha Tribe of Nebraska 210. Round Valley Indian Tribe 105. Keweenaw Bay Indian Community 156. Oneida Nation of New York 211. Sac & Fox Nation of Oklahoma 106. Kialegee Tribal Town 157. Oneida Tribe of Indians of 212. Sac & Fox Tribe of Mississippi in 107. Kickapoo Tribe of Indians in Wisconsin Iowa Kansas 158. Osage Nation 213. Sac & Fox Nation of Missouri in 108. Kickapoo Tribe of Oklahoma 159. Otoe-Missouri Tribe of Indians Kansas and Nebraska 109. Kiowa Tribe of Oklahoma 160. Ottawa Tribe of Oklahoma 214. Saginaw Chippewa Indian Tribe of 110. Klamath Tribes 161. Paiute-Shoshone Indians of the Michigan 111. Klawock Cooperative Association Bishop Community 215. Salt River Pima-Maricopa Indian 112. Kootenai Tribe of Idaho 162. Pala Band of Luiseno Mission Community 113. Lac Courte Oreilles Band of Lake Indians 216. Samish Indian Tribe Superior Chippewa Indians 163. Pascua Yaqui Tribe of Arizona 217. San Carlos Apache Tribe 114. Lac du Flambeau Band of Lake 164. Paskenta Band of Nomlaki Indians 218. San Manual Band of Mission Superior Chippewa Indians 165. Pauma Band of Mission Indians Indians 115. Lac Vieux Desert Band of Lake 166. Pawnee Nation of Oklahoma 219. San Pasqual Band of Diegueno Superior Chippewa Indians 167. Pechanga Band of Mission Indians Mission Indians 116. LaJolla Band of Luiseno Indians 168. Peoria Tribe of Indians of 220. Santa Rosa Rancheria Tachi-Yokut 117. La Posta Band of Mission Indians Oklahoma Tribe 118. Las Vegas Paiute Tribe 169. Picayune Rancheria of Chukchansi 221. Santa Ynez Band of Chumash 119. Leech Lake Band of Chippewa Indians Mission Indians Indians 170. Pinoleville Band of Pomo Indians 222. Sauk-Suiattle Indian Tribe 120. Little River Band of Ottawa Indians 171. Pit River Tribe 223. Sault Ste. Marie Tribe of Chippewa 121. Little Traverse Bay Bands of Odawa 172. Poarch Band Creek Indians Indians Indians 173. Pokagon Band of Potawatomi 224. Scotts Valley Band of Pomo Indians 122. Lower Brule Sioux Tribe Indians of Michigan 225. Seminole Nation of Oklahoma 123. Lower Elwha Klallam Tribe 174. Ponca Tribe of Oklahoma 226. Seminole Tribe of Florida 124. Lower Sioux Indian Community 175. Ponca Tribe of Nebraska 227. Seneca Nation of Indians of New 125. Lummi Indian Tribe 176. Port Gamble S’Klallam Tribe York 126. Lytton Rancheria of California 177. Prairie Band of Potawatomi Nation 228. Seneca-Cayuga Tribe of Oklahoma 127. Manchester Band of Pomo Indians 178. Prairie Island Indian Community 229. Shakopee Mdewakanton Sioux of the Manchester-Point Arena 179. Pueblo of Acoma Community Rancheria 180. Pueblo of Isleta 230. Shawnee Tribe 128. Manzanita Band of Mission Indians 181. Pueblo of Jemez 231. Sherwood Valley Rancheria of 129. Mashantucket Pequot Tribe 182. Pueblo of Laguna Pomo Indians 130. Match-E-Be-Nash-She-Wish Band 183. Pueblo of Nambe 232. Shingle Springs Band of Miwuk of the Potawatomi Indians of 184. Pueblo of Picuris Indians Michigan 185. Pueblo of Pojoaque 233. Shoalwater Bay Indian Tribe 131. Mechoopda Indian Tribe of Chico 186. Pueblo of San Felipe 234. Shoshone-Bannock Tribes of the Rancheria 187. Pueblo of Sandia Fort Hall Indian Reservation of 132. Menominee Indian Tribe of 188. Pueblo of Santa Ana Idaho Wisconsin 189. Pueblo of Santa Clara 235. Sisseton-Wahpeton Oyate of the 133. Mescalero Apache Tribe 190. Pueblo of Santo Domingo Lake Traverse Reservation 134. Miami Tribe of Oklahoma 191. Pueblo of Taos 236. Skokomish Indian Tribe 135. Middletown Rancheria of Pomo 192. Pueblo of Tesuque 237. Smith River Rancheria Indians 193. Puyallup Tribe of Indians 238. Snoqualmie Tribe 136. Mille Lacs Band of Ojibwe 194. Pyramid Lake Paiute Tribe 239. Soboba Band of Luiseno Indians 137. Mississippi Band of Choctaw 195. Quapaw Tribe of Indians 240. Sokaogon Chippewa Community Indians 196. Quartz Valley Indian Community 241. Southern Ute Indian Tribe 138. Moapa Band of Paiute Indians 197. Quechan Tribe of Fort Yuma Indian 242. Sprite Lake Tribe 139. Modoc Tribe of Oklahoma Reservation 243. Spokane Tribe of Indians 140. Mohegan Indian Tribe of 198. Quileute Tribe 244. Squaxin Island Tribe Connecticut 199. Quinault Indian Nation 245. St. Croix Chippewa Indians of 141. Mooretown Rancheria of Maidu 200. Red Cliff Band of Lake Superior Wisconsin Indians Chippewa Indians 246. St. Regis Mohawk Tribe 142. Morongo Band of Mission Indians 201. Red Cliff, Sokaogon Chippewa and 247. Standing Rock Sioux Tribe 143. Muckleshoot Indian Tribe Lac Courte Oreilles Band 248. Stillaguamish Tribe of Indians 144. Muscogee (Creek) Nation 202. Red Lake Band of Chippewa 249. Stockbridge-Munsee Community 145. Narragansett Indian Tribe Indians 250. Suquamish Tribe of the Port 146. Navajo Nation 203. Redding Rancheria Madison Reservation 147. Nez Perce Tribe 204. Redwood Valley Rancheria of 251. Susanville Indian Rancheria 148. Nisqually Indian Tribe Pomo Indians 252. Swinomish Indian Tribal 149. Nooksack Indian Tribe 205. Reno-Sparks Indian Colony Community 150. Northern Arapaho Tribe of the 206. Resighini Rancheria of Coast Indian 253. Sycuan Band of Diegueno Mission Wind River Indians Community Indians 151. Northern Cheyenne Tribe 207. Rincon Band of Luiseno Mission 254. Table Mountain Rancheria 152. Nottawaseppi Huron Band of Indians 255. Te-Moak Tribe of Western Potawatomi 208. Robinson Rancheria of Pomo Shoshone Indians of Nevada 153. Oglala Sioux Tribe Indians 256. Thlopthlocco Tribal Town

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14355

257. Three Affiliated Tribes of the Fort concerning the significance of the Jackson, Lowell E. and Paula G., House, (John Berthold Reservation nominated properties under the Lloyd Wright in Northwest Indiana MPS) 258. Timbisha Shoshone Tribe National Register criteria for evaluation. 2935 Ridge Rd., Long Beach, 13000087 259. Tohono O’odham Nation Comments may be forwarded by United Jaworowski, George and Adele, House, (John 260. Tonkawa Tribe of Oklahoma States Postal Service, to the National Lloyd Wright in Northwest Indiana MPS) 261. Tonto Apache Tribe Register of Historic Places, National 3501 Lake Shore Dr., Duneland Beach, 262. Torres Martinez Desert Cahuilla Park Service, 1849 C St. NW., MS 2280, 13000088 Indians Washington, DC 20240; by all other Lake County 263. Tulalip Tribes of Washington carriers, National Register of Historic Keilman, Francis P. House, 9260 Patterson 264. Tule River Tribe Places, National Park Service,1201 Eye St., St. John, 13000084 265. Tunica-Biloxi Indians of Louisiana St. NW., 8th floor, Washington, DC 266. Tuolumne Band of Me-Wuk 20005; or by fax, 202–371–6447. Written Marion County Indians or faxed comments should be submitted Gaseteria, Inc., 1031 E. Washington St., 267. Turtle Mountain Band of Chippewa by March 20, 2013. Before including Indianapolis, 13000089 Indians your address, phone number, email Noble County 268. Twenty-Nine Palms Band of address, or other personal identifying Luckey Hospital, Jct. of US 33 & IN 109, Wolf Mission Indians information in your comment, you Lake, 13000090 269. United Auburn Indian Community should be aware that your entire 270. Upper Sioux Community comment—including your personal St. Joseph County 271. Upper Skagit Indian Tribe of identifying information—may be made Haven Hubbard Home, 31895 Chicago Trail, Washington publicly available at any time. While New Carlisle, 13000091 272. Ute Mountain Ute Tribe you can ask us in your comment to Wabash County 273. U-tu-Utu-Gwaitu Paiute Tribe of withhold your personal identifying Benton Paiute Reservation information from public review, we Halderman-Van Buskirk Farmstead, 5653 N. 274. Viejas Band of Kumeyaay Indians cannot guarantee that we will be able to 700 W., Roann, 13000092 275. Washoe Tribe of Nevada and do so. Roann Historic District, Roughly bounded by IN 16, West, Ohio & Beamer Sts., Roann, California Dated: February 7, 2013. 276. White Earth Band of Chippewa 13000093 J. Paul Loether, Indians LOUISIANA 277. White Mountain Apache Tribe Chief, National Register of Historic Places/ National Historic Landmarks Program. St. Bernard Parish 278. Wichita and Affiliated Tribes of Oklahoma COLORADO Pecan Grove Plantation House, (Louisiana’s 279. Winnebago Tribe of Nebraska French Creole Architecture MPS) 10 Pecan Adams County Grove Ln., Meraux, 13000094 280. Wiyot Tribe of Table Bluff Metzger Farm, 12080 Lowell Blvd., MASSACHUSETTS Reservation Westminster, 13000077 281. Wyandotte Nation of Oklahoma Barnstable County 282. Yankton Sioux Tribe Jefferson County 283. Yavapai Apache Nation of the Fruitdale Grade School, 10801 W. 44th Ave., Old North Cemetery, US 6 & Aldrich Rd., Truro, 13000095 Camp Verde Indian Reservation Wheat Ridge, 13000078 Pine Grove Cemetery, Cemetery Rd., Truro, 284. Yavapai-Prescott Indian Tribe Mesa County 285. Yocha-De-He Wintun Nation 13000096 Stranges Grocery, 226 Pitkin Ave., Grand MONTANA 286. Yurok Tribe Junction, 13000079 National Indian Gaming Commission. Cascade County Moffat County Tracie L. Stevens, Lay School, (Rural School Buildings in Great Falls High School Historic District, Chairwoman. Colorado MPS), 7 Eddy Ave., Lay, 1900 2nd Ave., S., Great Falls, 13000097 Daniel J. Little, 13000080 NEW YORK Associate Commissioner. FLORIDA Erie County [FR Doc. 2013–04947 Filed 3–4–13; 8:45 am] BILLING CODE 7565–02–P Leon County CLARA BROWN (sloop), 32 Fuhrman Rd., Meridian Road, Roughly John Hancock Dr. to Buffalo, 13000098 Georgia State Line, Tallahassee, 13000081 Ulster County DEPARTMENT OF THE INTERIOR INDIANA Appeldoorn Farm, (Rochester MPS) 4938 US 209, Accord, 13000099 National Park Service Allen County United States Lace Curtain Mills, 165 Cornell Ninde-Mead-Farnsworth House, 734 E. State [NPS–WASO–NRNHL–12306; St., Kingston, 13000100 PPWOCRADI0, PCU00RP14.R50000] Blvd., Fort Wayne, 13000082 WISCONSIN Dubois County National Register of Historic Places; Clark County Notification of Pending Nominations Wollenmann, Dr. Alois, House, 1150 Main St., Ferdinand, 13000083 Omaha Hotel, 317 W. 7th St., Neillsville, and Related Actions 13000101 La Porte County Nominations for the following Burnham, John and Isabel, House, (John WYOMING properties being considered for listing Lloyd Wright in Northwest Indiana MPS) Fremont County or related actions in the National 2602 Lake Shore Dr., Long Beach, Register were received by the National 13000085 Lookingbill, Helen, Site, Address Restricted, Dubois, 13000102 Park Service before February 2, 2013. Hoover-Timme House,(John Lloyd Wright in Pursuant to § 60.13 of 36 CFR Part 60, Northwest Indiana MPS) 2304 Hazeltine [FR Doc. 2013–04976 Filed 3–4–13; 8:45 am] written comments are being accepted Dr., Long Beach, 13000086 BILLING CODE 4312–51–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00092 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14356 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

DEPARTMENT OF THE INTERIOR IDAHO MPS) Shaw & Marion Aves., parts of Narragansett Blvd. & Broad St., Cranston, Latah County National Park Service 13000120 Kendrick Fraternal Temple, 614 E. Main, Kendrick, 13000108 TENNESSEE [NPS–WASO–NRNHL–12362; IOWA Davidson County PPWOCRADI0, PCU00RP14.R50000] Kennedy, Thomas P. Jr., House (Boundary Lee County National Register of Historic Places; Increase), (Forest Hills, Tennessee MPS) Keokuk Union Depot, 200 Exchange St., 6231 Hillsboro Pike, Forest Hills, 13000121 Notification of Pending Nominations Keokuk, 13000109 and Related Actions Giles County KENTUCKY Bodenham Mill, 690 Bodenham Rd., Pulaski, Nominations for the following Fayette County 13000122 properties being considered for listing Liggett and Meyers Harpring Tobacco Storage Montgomery County or related actions in the National Warehouse, 1211 Manchester St., Register were received by the National Lexington, 13000110 Allen House (Boundary Increase), (Historic Family Farms in Middle Tennessee MPS) Park Service before February 9, 2013. Kenton County 2401 & 2409 Allen Griffey Rd., Clarksville, Pursuant to § 60.13 of 36 CFR Part 60, 13000123 written comments are being accepted Ludlow Theater, The, 322–326 Elm St., Ludlow, 13000111 concerning the significance of the Sumner County nominated properties under the Knott County Moye Boarding House, NE. corner of Wheeler National Register criteria for evaluation. Hindman Historic District, Along Main St. & & N. Russell Sts., Portland, 13000124 Comments may be forwarded by United KY 160, Hindman, 13000112 Tipton County States Postal Service, to the National Shelby County Oak Hill Farm, 1280 Keeling Rd., Stanton, Register of Historic Places, National 13000125 Park Service, 1849 C St. NW., MS 2280, Buck Creek Rosenwald School, 6712 Taylorsville Rd., Finchville, 13000113 Washington, DC 20240; by all other TEXAS carriers, National Register of Historic MISSOURI Tarrant County Places, National Park Service,1201 Eye St. Louis Independent City Fort Worth Warehouse and Transfer St. NW., 8th floor, Washington, DC Tower Grove East Historic District, (South St. Company Building, 201 S. Calhoun St., 20005; or by fax, 202–371–6447. Written Louis Historic Working and Middle Class Fort Worth, 13000126 or faxed comments should be submitted Streetcar Suburbs MPS) Roughly bounded UTAH by March 20, 2013. Before including by S. Grand, Louisiana, Nebraska, Gravois your address, phone number, email & Shenandoah Aves., St. Louis Garfield County address, or other personal identifying (Independent City), 13000114 Escalante Historic District, Roughly bounded information in your comment, you NEW MEXICO by 300 North, 300 East, 300 South, 300 & should be aware that your entire 400 West Sts., Escalante, 13000127 Mora County comment—including your personal WISCONSIN identifying information—may be made Guadalupita—Coyote Historic District, publicly available at any time. While Roughly Coyote Cr., Guadalupita, Sheboygan County you can ask us in your comment to 13000115 SILVER LAKE (scow-schooner) Shipwreck, withhold your personal identifying NEW YORK (Great Lakes Shipwreck Sites of Wisconsin information from public review, we MPS) 7 mi. NE. of Sheboygan in L. cannot guarantee that we will be able to Tompkins County Michigan, Mosel, 13000128 do so. Beach Road Bridge, Beach Rd. crossing W. [FR Doc. 2013–04974 Filed 3–4–13; 8:45 am] Branch of Cayuga Inlet, Newfield, BILLING CODE 4312–51–P Dated: February 14, 2013. 13000103 J. Paul Loether, NORTH CAROLINA Chief, National Register of Historic Places/ DEPARTMENT OF THE INTERIOR National Historic Landmarks Program. Jackson County Judaculla Rock, 552 Judaculla Rock Rd., National Park Service ARIZONA Cullowhee, 13000116 [NPS–WASO–NRNHL–12256; Maricopa County OREGON PPWOCRADI0, PCU00RP14.R50000] Halm, George, House, 1548 W. Northern Benton County Ave., Phoenix, 13000105 National Register of Historic Places; Irish Bend Covered Bridge No. 14169, Notification of Pending Nominations CALIFORNIA (Oregon Covered Bridges TR) SW Campus and Related Actions Way Bike Path, Corvallis, 13000117 Los Angeles County Nominations for the following Clackamas County Markham Place Historic District, (Late 19th properties being considered for listing and Early 20th Century Development and Waverley Country Club Clubhouse, 100 SE. or related actions in the National Architecture in Pasadena MPS) Roughly Waverly Dr., Portland, 13000118 Register were received by the National bounded by California St., Pasadena Ave., Multnomah County Park Service before January 26, 2013. Bellefontaine St. & Orange Grove Blvd., Bennes, John Virginius and Annice, House, Pursuant to § 60.13 of 36 CFR Part 60, Pasadena, 13000106 122 SW. Marconi Ave., Portland, 13000119 written comments are being accepted concerning the significance of the GEORGIA RHODE ISLAND nominated properties under the Morgan County Providence County National Register criteria for evaluation. Hard Labor Creek State Park, Fairplay & Knox Edgewood Historic District—Shaw Plat, Comments may be forwarded by United Chapel Rds., Rutledge, 13000107 (Edgewood Neighborhood, Cranston, R.I. States Postal Service, to the National

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14357

Register of Historic Places, National & S. Smith & S. Hickory Sts., W. and, after the investigation, issue an Park Service, 1849 C St. NW., MS 2280, Washington Blvd., Cuba, 13000072 exclusion order and cease and desist Washington, DC 20240; by all other NEW YORK orders. carriers, National Register of Historic Genesee County ADDRESSES: The complaint, except for Places, National Park Service, 1201 Eye any confidential information contained St. NW., 8th floor, Washington, DC Tyron, Augustus S., House, 15 Church St., Le Roy, 13000074 therein, is available for inspection 20005; or by fax, 202–371–6447. Written during official business hours (8:45 a.m. or faxed comments should be submitted New York County to 5:15 p.m.) in the Office of the by March 20, 2013. Before including ENTERPRISE (space shuttle), Pier 86, W. Secretary, U.S. International Trade your address, phone number, email 46th St. & 12th Ave., Manhattan, 13000071 Commission, 500 E Street SW., Room address, or other personal identifying Tompkins County 112, Washington, DC 20436, telephone information in your comment, you (202) 205–2000. Hearing impaired Beach Road Bridge, Beach Road across W. should be aware that your entire individuals are advised that information comment—including your personal Branch of Cayuga Inlet, Newfield, 13000103 on this matter can be obtained by identifying information—may be made contacting the Commission’s TDD publicly available at any time. While OKLAHOMA terminal on (202) 205–1810. Persons you can ask us in your comment to Blaine County with mobility impairments who will withhold your personal identifying need special assistance in gaining access information from public review, we Acre Family Barn, Rt. 2, Box 37, Canton, 13000073 to the Commission should contact the cannot guarantee that we will be able to Office of the Secretary at (202) 205– do so. Oklahoma County 2000. General information concerning Dated: February 1, 2013. Mummers Theater, 400 W. Sheridan Ave., the Commission may also be obtained Oklahoma City, 13000075 Alexandra Lord, by accessing its internet server at http:// United Founders Life Tower, 5900 Mosteller www.usitc.gov. The public record for Acting Chief, National Register of Historic Dr., Oklahoma City, 13000076 Places/National Historic Landmarks Program. this investigation may be viewed on the [FR Doc. 2013–04977 Filed 3–4–13; 8:45 am] Commission’s electronic docket (EDIS) ARKANSAS BILLING CODE 4312–51–P at http://edis.usitc.gov. Baxter County FOR FURTHER INFORMATION CONTACT: The Wolf Cemetery, Cty. Rd. 68, Norfork, Office of Unfair Import Investigations, 13000063 INTERNATIONAL TRADE U.S. International Trade Commission, COMMISSION Faulkner County telephone (202) 205–2560. Authority: The authority for [Investigation No. 337–TA–872] University of Central Arkansas Historic institution of this investigation is District, 201 Donaghey Ave., Conway, 13000064 Certain Compact Fluorescent Reflector contained in section 337 of the Tariff Lamps, Products Containing Same and Act of 1930, as amended, and in section FLORIDA Components Thereof; Institution of 210.10 of the Commission’s Rules of Duval County Investigation Practice and Procedure, 19 CFR 210.10 (2012). Snyder Memorial Methodist Episcopal AGENCY: U.S. International Trade Scope of Investigation: Having Church, 226 N. Laura St., Jacksonville, 13000065 Commission. considered the complaint, the U.S. ACTION: Notice. International Trade Commission, on IOWA February 27, 2013, ordered that— Dubuque County SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as Cathedral Historic District (Boundary Increase) (Dubuque, Iowa MPS), Roughly International Trade Commission on amended, an investigation be instituted bounded by 7th, Locust, 4th, Bissel, Jones, January 28, 2013, under section 337 of to determine whether there is a Bluff, Emmett & St. Mary’s Sts., Dubuque, the Tariff Act of 1930, as amended, 19 violation of subsection (a)(1)(B) of 13000066 U.S.C. 1337, on behalf of Andrzej Bobel section 337 in the importation into the of Lake Forest, Illinois and Neptun United States, the sale for importation, Jones County Light, Inc. of Lake Forest, Illinois. A or the sale within the United States after Booth, Edmund and Mary Ann Walworth, letter supplementing the complaint was importation of certain compact House, 125 S. Ford St., Anamosa, filed on February 15, 2013. The fluorescent reflector lamps, products 13000067 complaint alleges violations of section containing same and components Polk County 337 based upon the importation into the thereof by reason of infringement of one Greenwood Park Plats Historic District, United States, the sale for importation, or more of claims 1, 2, 10, and 11 of the Roughly 39th to 42nd Sts., approx. Grand and the sale within the United States ’540 patent, and whether an industry in Ave. to Center & Pleasant Sts., 4006, 4024 after importation of certain compact the United States exists as required by Grand Ave., Des Moines, 13000068 fluorescent reflector lamps, products subsection (a)(2) of section 337; Poweshiek County containing same and components (2) For the purpose of the Farmers Mutual Reinsurance Company thereof by reason of infringement of investigation so instituted, the following Building, 821 5th Ave., Grinnell, 13000069 certain claims of U.S. Patent No. are hereby named as parties upon which Pioneer Oil Company Filling Station, 831 7,053,540 (‘‘the ’540 patent’’). The this notice of investigation shall be West St., Grinnell, 13000070 complaint further alleges that an served: industry in the United States exists as (a) The complainants are: MISSOURI required by subsection (a)(2) of section Andrzej Bobel, 640 Leland Court, Lake Crawford County 337. Forest, IL 60045. Uptown Cuba Historic District (Cuba, The complainants request that the Neptun Light, Inc., 13950 W. Business Missouri MPS), Roughly W. Main Ave., N. Commission institute an investigation Center Drive, Lake Forest, IL 60045.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14358 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

(b) The respondents are the following Decree (‘‘CD’’) with the United States To submit entities alleged to be in violation of District Court for the Northern District comments: Send them to: section 337, and are the parties upon of Illinois, Eastern Division, in the which the complaint is to be served: lawsuit entitled United States v. Geneva By mail ..... Assistant Attorney General, U.S. Energy, LLC, Civil Action No. 13-cv- DOJ—ENRD, P.O. Box 7611, Maxlite, Inc., 12 York Avenue, West Washington, D.C. 20044– Caldwell, NJ 07006. 1448. 7611. Technical Consumer Products, Inc., 325 In this action, the United States, on Campus Drive, Aurora, OH 44202. behalf of the United States During the public comment period, Satco Products, Inc., 110 Heartland Environmental Protection Agency the Consent Decree may be examined Boulevard, Brentwood, NY 11717. (‘‘EPA’’), sought civil penalties and and downloaded at this Justice Litetronics International, Inc., 4101 W. injunctive relief, pursuant to Section Department Web site: http:// 123rd Street, Alsip, IL 60803. 113(b) of the Clean Air Act (the ‘‘CAA’’ www.usdoj.gov/enrd/ (3) For the investigation so instituted, or ‘‘Act’’), 42 U.S.C. 7413(b), for Consent_Decrees.html. We will provide the Chief Administrative Law Judge, violations related to a tire-burning a paper copy of the Consent Decree U.S. International Trade Commission, electric generating plant in Ford upon written request and payment of shall designate the presiding Heights, Illinois (the ‘‘Facility’’). The CD reproduction costs. Please mail your Administrative Law Judge. resolves claims against Geneva Energy, request and payment to: Consent Decree The Office of Unfair Import LLC, (‘‘Geneva Energy’’) as former Library, U.S. DOJ—ENRD, P.O. Box Investigations will not participate as a owner and operator of the Facility, and 7611, Washington, DC 20044–7611. party in this investigation. NAES, Inc., (‘‘NAES’’) a contract Please enclose a check or money order Responses to the complaint and the operator at the Facility for 14 months in for $8.00 (25 cents per page notice of investigation must be 2008–2009. The claims are identified in reproduction cost) payable to the United submitted by the named respondents in the Complaint, which was also filed States Treasury. accordance with section 210.13 of the with the district court on February 25, Commission’s Rules of Practice and 2013, and in EPA’s Notice and Finding Maureen Katz, Procedure, 19 CFR 210.13. Pursuant to of Violation issued to Geneva Energy Assistant Section Chief, Environmental 19 CFR 201.16(d)–(e) and 210.13(a), and NAES in 2010. The claims include Enforcement Section, Environment and Natural Resources Division. such responses will be considered by allegations that Geneva Energy and the Commission if received not later NAES violated provisions of the Clean [FR Doc. 2013–05017 Filed 3–4–13; 8:45 am] than 20 days after the date of service by Air Act, including: (1) The New Source BILLING CODE 4410–15–P the Commission of the complaint and Performance Standards for Industrial the notice of investigation. Extensions of Steam Generating Units; (2) the Illinois DEPARTMENT OF JUSTICE time for submitting responses to the State Implementation Plan; and (3) complaint and the notice of numerous emissions limitations and investigation will not be granted unless Notice of Lodging of Proposed operating requirements governed by the Consent Decree Under the Resource good cause therefor is shown. Facility’s construction permit. Failure of a respondent to file a timely Conservation and Recovery Act response to each allegation in the The CD requires Geneva Energy to: (1) Permanently shut down the Facility; (2) On February 26, 2013, the Department complaint and in this notice may be of Justice lodged a proposed Consent deemed to constitute a waiver of the request that Illinois EPA withdraw all air and water permits and pending Decree with the United States District right to appear and contest the Court for the Northern District of New allegations of the complaint and this permit applications related to the Facility; and (3) surrender its sulfur York in the lawsuit entitled United notice, and to authorize the States v. Adirondack Energy Products, administrative law judge and the dioxide emissions allowances. The CD does not require Geneva Energy to pay Inc., et al., Civil Action No. 11-cv-213 Commission, without further notice to (TJM). the respondent, to find the facts to be as a civil penalty due to its inability to pay, as determined through a financial The settlement relates to eight retail alleged in the complaint and this notice gasoline service stations and/or and to enter an initial determination analysis. NAES will pay a civil penalty of $185,000. petroleum bulk storage stations located and a final determination containing in New York that are owned and such findings, and may result in the The publication of this notice opens operated by the Defendants. The issuance of an exclusion order or a cease a period for public comment on the Defendants include Adirondack Energy and desist order or both directed against Consent Decree. Comments should be Products, Inc.; Mountain Mart #104, the respondent. addressed to the Assistant Attorney LLC; Mountain Mart #105, LLC; Issued: February 27, 2013. General, Environment and Natural Mountain Mart #106, LLC; Mountain Resources Division, Environmental By order of the Commission. Mart #107, LLC; and Mountain Mart Enforcement Section and should refer to #108, LLC. Lisa R. Barton, United States v. Geneva Energy, LLC, Acting Secretary to the Commission. The proposed Consent Decree D.J. Ref. No. 90–5–2–1–10155. All resolves claims of the United States [FR Doc. 2013–04966 Filed 3–4–13; 8:45 am] comments must be submitted no later under the Solid Waste Disposal Act, as BILLING CODE 7020–02–P than thirty (30) days after the amended by various laws including the publication date of this notice. Resource Conservation and Recovery Comments may be submitted either by Act related to the facilities that are the DEPARTMENT OF JUSTICE email or by mail: subject of the complaint. Under the proposed Consent Decree, the Notice of Lodging of Consent Decree To submit Send them to: Defendants will pay a civil penalty in Under the Clean Air Act comments: the amount of $46,000 to the United. In On February 25, 2013, the Department By e-mail .. pubcomment- addition, the Consent Decree requires of Justice lodged a proposed Consent [email protected]. the installation of fully automated

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14359

electronic release detection monitoring DEPARTMENT OF LABOR The amended notice applicable to equipment on the UST systems and TA–W–82,189 is hereby issued as associated piping owned and/or Employment and Training follows: Administration operated by Defendants at the facilities ‘‘All workers from Verizon Business Network that are the subject of the Consent Services, Inc., Senior Analysts-Order Decree. The Consent Decree includes [TA–W–82,189; TA–W–82,189A] Management, Voice Over Internet Protocol, Small and Medium Business, Tampa, Florida three supplemental environmental Verizon Business Networks Services, projects requiring the Defendants to (1) (TA–W–82,189) and Verizon Business Inc., Senior Analysts-Order Network Services, Inc., Senior Coordinator- Centralized monitoring equipment to Management, Voice Over Internet Order Management, Voice Over Internet collect the data generated by the Protocol, Small And Medium Business, Protocol, Small and Medium Business, San electronic release detection system; (2) Tampa, Florida; Verizon Business Antonio, Texas (TA–W–82,189A), who conduct a third-party environmental Networks Services, Inc., Senior became totally or partially separated from compliance audit of each facility; and Coordinator-Order Management, Voice employment on or after November 28, 2011 (3) conduct a community outreach Over Internet Protocol, Small And through January 18, 2015, and all workers in the group threatened with total or partial seminar to educate regulated UST Medium Business, San Antonio, TX; separation from employment on the date of owners and/or operators regarding the Amended Certification Regarding certification through two years from the date federal regulations that apply to the Eligibility To Apply for Worker of certification, are eligible to apply for operation and maintenance of UST Adjustment Assistance adjustment assistance under Chapter 2 of systems. Title II of the Trade Act of 1974, as In accordance with Section 223 of the amended.’’ The publication of this notice opens Trade Act of 1974, as amended (‘‘Act’’), a period for public comment on the Signed at Washington, DC this 14th day of 19 U.S.C. 2273, the Department of Labor February 2013. Consent Decree. Comments should be issued a Certification of Eligibility to Michael W. Jaffe, addressed to the Assistant Attorney Apply for Worker Adjustment General, Environment and Natural Assistance on January 18, 2013, Certifying Officer, Office of Trade Adjustment Assistance. Resources Division, and should refer to applicable to workers of Verizon United States v. Adirondack Energy Business Networks Services, Inc., Senior [FR Doc. 2013–04951 Filed 3–4–13; 8:45 am] Products, Inc., et al., D.J. Ref. No. 90– Analysts-Order Management, Voice BILLING CODE 4510–FN–P 7–1–09900. All comments must be Over Internet Protocol, Small and Medium Business, Tampa, Florida. The submitted no later than thirty (30) days DEPARTMENT OF LABOR after the publication date of this notice. workers supplied order management Comments may be submitted either by services to small and medium business Employment and Training email or by mail: customers relating to the firm’s Voice Administration Over Internet Protocol (‘‘VOIP’’) [TA–W–81,702; TA–W–81,702A] To submit products. The notice was published in comments: Send them to: the Federal Register on February 6, Verizon Business Networks Services, 2013 (78 FR 8592). Inc., Specialist-Tech Customer Service, By e-mail pubcomment- In response to new information Philadelphia, PA; Verizon Business [email protected]. received during the investigation of Networks Services, Inc., Specialist- By mail ..... Assistant Attorney General petition number TA–W–82,256, the Tech Customer Service, Tampa, U.S. DOJ—ENRD Department reviewed this certification P.O. Box 7611 Florida; Amended Certification for workers of the subject firm. Washington, D.C. 20044–7611. Regarding Eligibility To Apply for Information shows that the Senior Worker Adjustment Assistance Coordinator-Order Management, Voice During the public comment period, Over Internet Protocol, Small and In accordance with Section 223 of the the Consent Decree may be examined Medium Business of Verizon Business Trade Act of 1974, as amended (‘‘Act’’), and downloaded at this Justice Networks Services, Inc., San Antonio, 19 U.S.C. 2273, the Department of Labor Department Web site: http:// Texas operates the same as and in issued a Certification of Eligibility to www.usdoj.gov/enrd/ conjunction with Senior Analysts-Order Apply for Worker Adjustment Consent_Decrees.html. We will provide Management, Voice Over Internet Assistance on September 6, 2012, a paper copy of the Consent Decree Protocol, Small and Medium Business applicable to workers of Verizon upon written request and payment of Tampa, Florida, and both experienced Business Networks Services, Inc., Order reproduction costs. Please mail your worker separations during the relevant Management Division, Philadelphia, request and payment to: Consent Decree time period. Pennsylvania and Verizon Business Library, U.S. DOJ—ENRD, P.O. Box Based on these findings, the Networks Services, Inc., Order 7611, Washington, DC 20044–7611. Department is amending this Management Division, Tampa, Florida. certification to include workers of the Please enclose a check or money order The workers’ firm is engaged in Senior Coordinator-Order Management, activities related to telecommunications for $12.25 (25 cents per page Voice Over Internet Protocol, Small and services. The worker group supplies reproduction cost) payable to the United Medium Business of Verizon Business order management services. The notice States Treasury. Networks Services, Inc., San Antonio, was published in the Federal Register Ronald G. Gluck, Texas. on September 21, 2012 (77 FR 58583). Assistant Section Chief, Environmental The intent of the Department’s At the request of a company official, Enforcement Section, Environment and certification is to include all workers of the Department reviewed the Natural Resources Division. the subject firm who were adversely certification for workers of the subject [FR Doc. 2013–04968 Filed 3–4–13; 8:45 am] affected by the shift in order firm. New information from the management services to a foreign company, shows that the correct name BILLING CODE 4410–15–P country. of the subject firm in its’ entirety should

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14360 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

read Verizon Business Networks who became totally or partially separated The purpose of each of the Services, Inc., Specialist-Tech Customer from employment on or after June 8, 2011, investigations is to determine whether Service, Philadelphia, Pennsylvania and through September 6, 2014, and all workers the workers are eligible to apply for Verizon Business Networks Services, in the group threatened with total or partial adjustment assistance under Title II, Inc., Specialist-Tech Customer Service, separation from employment on date of Chapter 2, of the Act. The investigations Tampa Florida. certification through two years from the date will further relate, as appropriate, to the Company information shows that the of certification, are eligible to apply for adjustment assistance under Chapter 2 of determination of the date on which total Specialist-Tech Customer Service is the Title II of the Trade Act of 1974, as amended. or partial separations began or intended worker group to be covered by threatened to begin and the subdivision this investigation. Therefore, as stated in Signed at Washington, DC this 14th day of of the firm involved. the original certification, the Order February 2013. The petitioners or any other persons Management Division is not included in Michael W. Jaffe, showing a substantial interest in the this certification decision. Certifying Officer, Office of Trade Adjustment subject matter of the investigations may Accordingly, the Department is Assistance. request a public hearing, provided such amended this certification to correct the [FR Doc. 2013–04950 Filed 3–4–13; 8:45 am] request is filed in writing with the name of the appropriate subdivision to BILLING CODE 4510–FN–P Director, Office of Trade Adjustment read Verizon Business Networks Assistance, at the address shown below, Services, Inc., Specialist-Tech Customer not later than March 15, 2013. Service, Philadelphia, Pennsylvania and DEPARTMENT OF LABOR Interested persons are invited to Verizon Business Networks Service, submit written comments regarding the Employment and Training Inc., Specialist-Tech Customer Service, subject matter of the investigations to Administration Tampa, Florida. the Director, Office of Trade Adjustment The intent of the Department’s Investigations Regarding Eligibility To Assistance, at the address shown below, certification is to include all workers of not later than March 15, 2013. the subject firm who were adversely Apply for Worker Adjustment Assistance The petitions filed in this case are affected by the shift in order available for inspection at the Office of management services to a foreign Petitions have been filed with the the Director, Office of Trade Adjustment country. Assistance, Employment and Training The amended notice applicable to Secretary of Labor under Section 221 (a) of the Trade Act of 1974 (‘‘the Act’’) and Administration, U.S. Department of TA–W–81,702 and TA–W–81,702A are Labor, Room N–5428, 200 Constitution hereby issued as follows: are identified in the Appendix to this notice. Upon receipt of these petitions, Avenue NW., Washington, DC 20210. All workers from Verizon Business Network the Director of the Office of Trade Signed at Washington, DC, this 20th day of Services, Inc., Specialist-Tech Customer February 2013. Service, Philadelphia, Pennsylvania (TA–W– Adjustment Assistance, Employment 81,702) and Verizon Business Network and Training Administration, has Elliott S. Kushner, Services, Inc., Specialist-Tech Customer instituted investigations pursuant to Certifying Officer, Office of Trade Adjustment Service, Tampa, Florida (TA–W–81,702A), Section 221 (a) of the Act. Assistance.

APPENDIX [34 TAA Petitions instituted between 2/11/13 and 2/15/13]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

82437 ...... W.W. Friedline Inc. (Company) ...... Somerset, PA ...... 02/11/13 02/08/13 82438 ...... Hatteras Yachts (Workers) ...... New Bern, NC ...... 02/11/13 02/06/13 82439 ...... StatSpin, Inc. d/b/a Iris Sample Processing (Company) ...... Westwood, MA ...... 02/11/13 02/07/13 82440 ...... Stone Age Interiors, Inc (Company) ...... Colorado Springs, CO ...... 02/11/13 02/09/13 82441 ...... OAI Electronics (Workers) ...... Tulsa, OK ...... 02/11/13 02/08/13 82442 ...... Deluxe Laboratories, Inc. (State/One-Stop) ...... Hollywood, CA ...... 02/12/13 02/11/13 82443 ...... NXP Semiconductors (Company) ...... San Jose, CA ...... 02/12/13 02/11/13 82444 ...... MacDermid Printing Solution (Company) ...... San Marcos, CA ...... 02/12/13 02/11/13 82445 ...... Mersen USA Newburyport MA LLC (Company) ...... Newburyport, MA ...... 02/12/13 02/11/13 82446 ...... Ohio Gravure Technologies (State/One-Stop) ...... Miamisburg, OH ...... 02/12/13 02/11/13 82447 ...... Yugo Mold (State/One-Stop) ...... Akron, OH ...... 02/12/13 02/11/13 82448 ...... Parker School Uniforms (State/One-Stop) ...... Houston, TX ...... 02/12/13 02/11/13 82449 ...... Volt Workforce Solutions (Company) ...... Woburn, MA ...... 02/12/13 02/05/13 82450 ...... HP Software (Company) ...... Palo Alto, CA ...... 02/13/13 02/12/13 82451 ...... Hewlett-Packard Enterprise Services (Company) ...... Palo Alto, CA ...... 02/13/13 02/12/13 82452 ...... HP Global Functions (Company) ...... Palo Alto, CA ...... 02/13/13 02/12/13 82453 ...... Dell Financial Services LLC, Operations Organization (State/ Round Rock, TX ...... 02/13/13 02/12/13 One-Stop). 82454 ...... Laserwords, Inc (Workers) ...... Madison, WI ...... 02/13/13 02/12/13 82455 ...... First Advantage Corporation (Company) ...... St. Petersburg, FL ...... 02/13/13 02/11/13 82456 ...... NXP Semiconductors (Company) ...... Cary, NC ...... 02/13/13 02/12/13 82457 ...... Russell Brands LLC/Decorations (Company) ...... Alexander City, AL ...... 02/13/13 02/12/13 82458 ...... REC Silicon Inc. (State/One-Stop) ...... Moses Lake, WA ...... 02/13/13 02/12/13 82459 ...... Dow Chemical Company—Dow Electronic Materials (State/ Marlboro, MA ...... 02/14/13 02/13/13 One-Stop). 82460 ...... Recycling and Treatment Technologies of Baltimore (State/ Sparrows Point, MD ...... 02/14/13 02/13/13 One-Stop). 82461 ...... Tennessee Apparel Corporation (Company) ...... Waynesboro, TN ...... 02/14/13 02/06/13

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14361

APPENDIX—Continued [34 TAA Petitions instituted between 2/11/13 and 2/15/13]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

82462 ...... Hydra Tec (State/One-Stop) ...... Baltimore, MD ...... 02/14/13 02/13/13 82463 ...... BP Solar (State/One-Stop) ...... Frederick, MD ...... 02/14/13 02/13/13 82464 ...... Scandura (Ohio), Inc. aka Fenner Dunlop (Workers) ...... Port Clinton, OH ...... 02/14/13 02/12/13 82465 ...... Kern-Liebers USA, Inc (Company) ...... Holland, OH ...... 02/14/13 02/13/13 82466 ...... Cinetech (State/One-Stop) ...... Valencia, CA ...... 02/14/13 02/11/13 82467 ...... Deltacraft Paper & Converting Co. (Workers) ...... Buffalo, NY ...... 02/14/13 02/08/13 82468 ...... LSI Corporation (Workers) ...... Allentown, PA ...... 02/15/13 02/14/13 82469 ...... Thermo Fisher Scientific (State/One-Stop) ...... Hudson, NH ...... 02/15/13 01/12/13 82470 ...... Citigroup (State/One-Stop) ...... New York, NY ...... 02/15/13 02/14/13

[FR Doc. 2013–04949 Filed 3–4–13; 8:45 am] petition was filed more than a year after compliance of the Federal Advisory BILLING CODE 4510–FN–P the publication of the ITC’s findings in Committee Act. the Federal Register. These closed proposal review The Department will conduct an meetings will not be announced on an DEPARTMENT OF LABOR investigation to determine whether or individual basis in the Federal Register. not the petitioning worker group has NSF intends to publish a notice similar Employment and Training met the criteria set forth in Section to this on a quarterly basis. For an Administration 222(a) or (b) of the Trade Act of 1974, advance listing of the closed proposal [TA–W–82,285] as amended, and will issue a review meetings that include the names determination accordingly. of the proposal review panel and the U.S. Steel Tubular Products, Inc., Signed in Washington, DC, this 15th day of time, date, place, and any information Mckeesport Tubular Operations February, 2013. on changes, corrections, or Division, Subsidiary of United States Del Min Amy Chen, cancellations, please visit the NSF Web Steel Corporation, Mckeesport, PA; Certifying Officer, Office of Trade Adjustment site: http://www.nsf.gov/events/. This Notice of Initiation of Investigation To Assistance. information may also be requested by Terminate Certification of Eligibility [FR Doc. 2013–04948 Filed 3–4–13; 8:45 am] telephoning, 703/292–8182. Pursuant to Section 221 of the Trade BILLING CODE 4510–FN–P Dated: February 28, 2013. Act of 1974, as amended, an Susanne Bolton, investigation was initiated in response Committee Management Officer. NATIONAL SCIENCE FOUNDATION to a petition for Trade Adjustment [FR Doc. 2013–05002 Filed 3–4–13; 8:45 am] Assistance (TAA) filed on December 20, Proposal Review; Notice of Meetings BILLING CODE 7555–01–P 2012 on behalf of workers of U.S. Steel Tubular Products, McKeesport Tubular In accordance with the Federal Operations Division, Subsidiary of Advisory Committee Act (Pub. L. 92– NUCLEAR REGULATORY United States Steel Corporation, 463, as amended), the National Science COMMISSION McKeesport, Pennsylvania (subject Foundation (NSF) announces its intent firm). The workers’ firm produces steel to hold proposal review meetings [NRC–2012–0310; Docket Nos. 50–445 and drill pipe and drill collars. throughout the year. The purpose of 50–446; License Nos. NPF–87 and NPF–89] On January 28, 2013, the Department these meetings is to provide advice and issued a certification stating that the recommendations concerning proposals In the Matter of Luminant Generation criteria set forth in Section 222(e) of the submitted to the NSF for financial Company LLC, Comanche Peak Trade Act of 1974, as amended, was support. The agenda for each of these Nuclear Power Plant, Units 1 and 2; met. meetings is to review and evaluate Order Approving the Proposed Internal A review of the determination and the proposals as part of the selection Restructuring and Indirect Transfer of petition, however, revealed that the process for awards. The review and License certification was erroneously issued. evaluation may also include assessment I Specifically, the determination of the progress of awarded proposals. inaccurately stated that the petition was The majority of these meetings will take Luminant Generation Company LLC filed within a year of the March 3, 2011 place at NSF, 4201 Wilson, Blvd., (Luminant, the licensee), is the holder of publication in the Federal Register of Arlington, Virginia 22230. the Facility Operating License Nos. the International Trade Commission’s These meetings will be closed to the NPF–87 and NPF–89, which authorizes finding that dumping of drill pipes and public. The proposals being reviewed the possession, use, and operation of the drill collars from China negatively include information of a proprietary or Comanche Peak Nuclear Power Plant, impacted U.S. firms engaged in confidential nature, including technical Units 1 and 2 (CPNPP), and its production of those articles. information; financial data, such as Independent Spent Fuel Storage Although the subject firm was salaries; and personal information Installation Facility. CPNPP is located publicly identified by name by the concerning individuals associated with in Somervell County, Texas. International Trade Commission as a the proposals. These matters are exempt member of a domestic industry in an under 5 U.S.C. 552b(c), (4) and (6) of the II investigation resulting in a category of Government in the Sunshine Act. NSF By application dated October 11, determination that is listed in Section will continue to review the agenda and 2012, as supplemented by letters dated 222(e) of the Act, 19 U.S.C. 2272(e), the merits of each meeting for overall October 24, November 26, December 5,

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14362 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

and December 17, 2012, the licensee, scope of the application as originally This Order is effective upon issuance. acting on behalf of Energy Future noticed. For further details with respect to this Holdings Corporation (EFH), Energy Under 10 CFR 50.80, no license, or Order, see the initial application dated Future Competitive Holdings Company any right thereunder, shall be October 11, 2012 (Agencywide (EFCH), Texas Competitive Electric transferred, directly or indirectly, Documents Access and Management Holdings Company LLC, and Luminant through transfer of control of the System (ADAMS) Accession No. Holding Company LLC, the applicants, license, unless the U.S. Nuclear ML12312A157), as supplemented by seek approval pursuant to 10 CFR 50.80 Regulatory Commission (NRC) shall give letters dated October 24, November 26, of the indirect transfer of control of its consent in writing. Upon review of December 5, and December 17, 2012 CPNPP, Units 1 and 2, Facility the information in the application as (ADAMS Accession Nos. Operating License Nos. NPF–87 and supplemented, and other information ML12312A071, ML12340A446, NPF–89, respectively. The transfer also before the Commission, and relying ML12354A058, and ML12363A028, involves the general license for CPNPP upon the representations and respectively), and the safety evaluation Independent Spent Fuel Storage agreements in the application, the NRC dated February 22, 2013, which are Installation Facility. staff has determined that the proposed available for public inspection at the EFCH is a direct, wholly owned indirect transfer of control of the subject Commission’s Public Document Room subsidiary of EFH. EFCH, through its licenses held by the licensee to the (PDR), located at One White Flint North, wholly owned subsidiaries, owns extent such will result from the Public File Area 01 F21, 11555 Luminant, the owner and operator of proposed internal restructuring, as Rockville Pike (first floor), Rockville, CPNPP. EFH is planning an internal described in the application, will not Maryland. Publicly available documents transaction, the ultimate result of which affect the qualifications of the licensee created or received at the NRC are is to convert EFCH from a Texas to hold the respective licenses and is accessible electronically through corporation into a Delaware limited otherwise consistent with the applicable ADAMS in the NRC Library at http:// liability corporation. Following the provisions of law, regulations, and www.nrc.gov/reading-rm/adams.html. conversion, EFCH will remain a wholly orders issued by the NRC, pursuant Persons who do not have access to owned subsidiary of EFH, and EFH will thereto, subject to the conditions set ADAMS or who encounter problems in retain the same assets, liabilities, forth below. The findings set forth above accessing the documents located in owners, board of directors, and are supported by a safety evaluation ADAMS, should contact the NRC PDR management. There will be no change of dated February 25, 2013. reference staff by telephone at 1–800– control of EFH, EFCH, or Luminant as III 397–4209, or 301–415–4737, or by email a result of this internal restructuring. No Accordingly, pursuant to Sections to [email protected]. physical changes to the CPNPP facilities 161b, 161i, 161.o, and 184 of the Atomic Dated at Rockville, Maryland this 22nd day or operational changes are proposed. Energy Act of 1954, as amended (the of February 2013. The internal restructuring will be Act), 42 U.S.C. 2201(b), 2201(i), 2201(o), For the Nuclear Regulatory Commission. completed in several steps. EFH would and 2234; and 10 CFR 50.80, it is hereby Michele G. Evans, form a new wholly owned subsidiary ordered that the application regarding Director, Division of Operating Reactor known as EFH2 corporation (EFH2), the proposed indirect license transfer is Licensing, Office of Nuclear Reactor which would be a Texas corporation. approved, subject to the following Regulation. EFH would then contribute its stock in condition: [FR Doc. 2013–05021 Filed 3–4–13; 8:45 am] EFCH to EFH2 causing EFCH to become On October 10, 2007, Luminant Holding BILLING CODE 7590–01–P a wholly owned subsidiary of EFH2. Company LLC, the immediate parent EFCH would then convert to a Delaware company of Luminant Power, provided limited liability company by operation Luminant Power with a support agreement in NUCLEAR REGULATORY of applicable Texas and Delaware law. the amount of $250 million. COMMISSION Finally, EFH would merge with and into ‘‘It is hereby ordered that in connection EFH2 with EFH2 being the surviving with the proposed transaction, Luminant [Docket Nos. 50–327, 50–328; NRC–2013– entity, and EFH2 would change its name Holding Company LLC shall increase the 0037] to Energy Future Holdings Corporation amount available under this support agreement to $300 million, which provides a Tennessee Valley Authority; Notice of and adopt the current certificate of source of funding in an amount that is Acceptance for Docketing of formation and bylaws of EFH. adequate to fund approximately one year’s Application and Notice of Opportunity Approval of the indirect transfer of worth of the average projected expense for for Hearing Regarding Renewal of the facility operating license was the fixed operations and maintenance (O&M) of CPNPP.’’ Sequoyah Nuclear Plant, Units 1 and 2 requested by Luminant. A notice Facility Operating License Nos. DPR– entitled, AConsideration of Approval of It is further ordered that after receipt 77, DPR–79 for an Additional 20-Year Application Containing Sensitive of all required regulatory approvals of Period Unclassified Non-Safeguards the proposed indirect transfer action, Information Regarding Proposed Energy Luminant shall inform the Director of The U.S. Nuclear Regulatory Future Holdings Corporation Internal the Office of Nuclear Reactor Regulation Commission (NRC) is considering an Restructuring,’’ was published in the in writing of such receipt no later than application for the renewal of operating Federal Register on January 2, 2013 (78 5 business days prior to the date of the licenses DPR–77 and DPR–79, which FR 119), and a correction notice was closing of the indirect transfer. Should authorizes Tennessee Valley Authority published on January 10, 2013 (78 FR the proposed indirect transfer not be (TVA), to operate the Sequoyah Nuclear 2295). No comments or hearing requests completed within 1 year from the date Plant (SQN) Unit 1 at 3455 megawatts were received. The supplemental letters of this Order, this Order shall become thermal and Unit 2 at 3455 megawatts dated November 26, December 5, and null and void, provided, however, upon thermal. The renewed licenses would December 17, 2012, provided additional written application and good cause authorize the applicant to operate SQN, information that clarified the shown, such date may be extended by Units 1 and 2, for an additional 20 years application and did not expand the Order. beyond the period specified in the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14363

current licenses. SQN Units 1 and 2 are CFR 51.26, and as part of the pursuant to 10 CFR parts 51 and 54. The located in Soddy-Daisy, TN; the current environmental scoping process, the staff petition must specifically explain the operating license for Unit 1 expires on intends to hold a public scoping reasons why intervention should be September 17, 2020, and Unit 2 expires meeting. Detailed information regarding permitted with particular reference to on September 15, 2021. the environmental scoping meeting will the following factors: (1) The nature of TVA submitted the application dated be the subject of a separate Federal the requestor’s/petitioner’s right under January 7, 2013, pursuant to part 54 of Register notice. the Act to be made a party to the Title 10 of the Code of Federal Within 60 days after the date of proceeding; (2) the nature and extent of Regulations (10 CFR), to renew publication of this Federal Register the requestor’s/petitioner’s property, operating licenses DPR–77 and DPR–79. notice, any person whose interest may financial, or other interest in the A notice of receipt and availability of be affected by this proceeding and who proceeding; and (3) the possible effect of the license renewal application (LRA) wishes to participate as a party in the any decision or order which may be was published in the Federal Register proceeding must file a written request entered in the proceeding on the on February 22, 2013 (78 FR 12365). for a hearing and a petition for leave to requestor’s/petitioner’s interest. The The Commission’s staff has intervene with respect to the renewal of petition must also set forth the specific determined that TVA has submitted the license. Requests for a hearing or contentions which the petitioner/ sufficient information in accordance petitions for leave to intervene must be requestor seeks to have litigated at the with 10 CFR 54.19, 54.21, 54.22, 54.23, filed in accordance with the proceeding. 51.45, and 51.53(c), to enable the staff Commission’s ‘‘Rules of Practice for Each contention must consist of a to undertake a review of the application, Domestic Licensing Proceedings and specific statement of the issue of law or and that the application is therefore Issuance of Orders’’ in 10 CFR part 2. fact to be raised or controverted. In acceptable for docketing. The current Interested persons should consult a addition, the requestor/petitioner shall Docket Numbers, 50–327 and 50–328, current copy of 10 CFR 2.309, which is provide a brief explanation of the basis for operating license numbers DPR–77, available at the Commission’s Public for each contention and a concise DPR–79, respectively, will be retained. Document Room (PDR), located at One statement of the alleged facts or the The determination to accept the LRA for White Flint North, 11555 Rockville Pike expert opinion that supports the docketing does not constitute a (first floor), Rockville, Maryland 20852 contention on which the requestor/ determination that a renewed license and is accessible from the NRC’s petitioner intends to rely in proving the should be issued, and does not preclude Agencywide Documents Access and contention at the hearing. The the NRC staff from requesting additional Management System (ADAMS) Public requestor/petitioner must also provide information as the review proceeds. Electronic Reading Room on the Internet references to those specific sources and Before issuance of the requested at http://www.nrc.gov/reading-rm/ documents of which the requestor/ renewed licenses, the NRC will have adams.html. http://www.nrc.gov/ petitioner is aware and on which the made the findings required by the readingrm/adams.html Persons who do requestor/petitioner intends to rely to Atomic Energy Act of 1954, as amended not have access to the Internet or who establish those facts or expert opinion. (the Act), and the Commission’s rules encounter problems in accessing the The requestor/petitioner must provide and regulations. In accordance with 10 documents located in ADAMS should sufficient information to show that a CFR 54.29, the NRC may issue a contact the NRC’s PDR reference staff by genuine dispute exists with the renewed license on the basis of its telephone at 1–800–397–4209, or 301– applicant on a material issue of law or review if it finds that actions have been 415–4737, or by email at fact.1 Contentions shall be limited to identified and have been or will be [email protected]. If a request for a matters within the scope of the action taken with respect to: (1) Managing the hearing/petition for leave to intervene is under consideration. The contention effects of aging during the period of filed within the 60-day period, the must be one that, if proven, would extended operation on the functionality Commission or a presiding officer entitle the requestor/petitioner to relief. of structures and components that have designated by the Commission or by the A requestor/petitioner who fails to been identified as requiring aging Chief Administrative Judge of the satisfy these requirements with respect management review, and (2) time- Atomic Safety and Licensing Board to at least one contention will not be limited aging analyses that have been Panel will rule on the request and/or permitted to participate as a party. identified as requiring review, such that petition; and the Secretary or the Chief Petitions filed after the deadline, there is reasonable assurance that the Administrative Judge of the Atomic amended petitions, and supplemental activities authorized by the renewed Safety and Licensing Board Panel will petitions will not be entertained absent license will continue to be conducted in issue a notice of a hearing or an a determination by the Commission, the accordance with the current licensing appropriate order. In the event that no Atomic Safety and Licensing Board basis (CLB) and that any changes made request for a hearing or petition for Panel or a Presiding Officer that the to the plant’s CLB will comply with the leave to intervene is filed within the 60- petition should be granted and/or the Act and the Commission’s regulations. day period, the NRC may, upon contentions should be admitted based Additionally, in accordance with 10 completion of its evaluations and upon upon a balancing of the factors specified CFR 51.95(c), the NRC will prepare an making the findings required parts 51 in 10 CFR 2.309(c)(1)(i)–(viii). environmental impact statement that is and 54 of Title 10 of the Code of Federal A State, county, municipality, a supplement to the Commission’s Regulations (10 CFR), renew the license Federally-recognized Indian Tribe, or NUREG–1437, ‘‘Generic Environmental without further notice. agencies thereof, may submit a petition Impact Statement for License Renewal As required by 10 CFR 2.309, a to the Commission to participate as a of Nuclear Power Plants,’’ dated May petition for leave to intervene shall set 1996. In considering the LRA, the forth with particularity the interest of 1 To the extent that the application contains Commission must find that the the petitioner in the proceeding, and attachments and supporting documents that are not applicable requirements of Subpart A of how that interest may be affected by the publicly available because they are asserted to contain safeguards or proprietary information, 10 CFR part 51 have been satisfied, and results of the proceeding, taking into petitioners desiring access to this information that matters raised under 10 CFR 2.335 consideration the limited scope of should contact the applicant or applicant’s counsel have been addressed. Pursuant to 10 matters that may be considered to discuss the need for a protective order.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14364 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

party under 10 CFR 2.309(d)(2). The submit paper copies of their filings (PDF) in accordance with NRC guidance petition should state the nature and unless they seek an exemption in available on the NRC’s public Web site extent of the petitioner’s interest in the accordance with the procedures at http://www.nrc.gov/site-help/e- proceeding. The petition should be described below. submittals.html. A filing is considered submitted to the Commission by May 6, To comply with the procedural complete at the time the documents are 2013. The petition must be filed in requirements of E-Filing, at least 10 submitted through the NRC’s E-Filing accordance with the filing instructions days prior to the filing deadline, the system. To be timely, an electronic in section IV of this document, and participant should contact the Office of filing must be submitted to the E-Filing should meet the requirements for the Secretary by email at system no later than 11:59 p.m. Eastern petitions for leave to intervene set forth [email protected], or by telephone Time on the due date. Upon receipt of in this section, except that State and at 301–415–1677, to request (1) a digital a transmission, the E-Filing system Federally-recognized Indian tribes do identification (ID) certificate, which time-stamps the document and sends not need to address the standing allows the participant (or its counsel or the submitter an email notice requirements in 10 CFR 2.309(d)(1) if representative) to digitally sign confirming receipt of the document. The the facility is located within its documents and access the E-Submittal E-Filing system also distributes an email boundaries. The entities listed above server for any proceeding in which it is notice that provides access to the could also seek to participate in a participating; and (2) advise the document to the NRC’s Office of the hearing as a nonparty pursuant to 10 Secretary that the participant will be General Counsel and any others who CFR 2.315(c). submitting a request or petition for have advised the Office of the Secretary Any person who does not wish, or is hearing (even in instances in which the that they wish to participate in the not qualified, to become a party to this participant, or its counsel or proceeding, so that the filer need not proceeding may request permission to representative, already holds an NRC- serve the documents on those make a limited appearance pursuant to issued digital ID certificate). Based upon participants separately. Therefore, the provisions of 10 CFR 2.315(a). A this information, the Secretary will applicants and other participants (or person making a limited appearance establish an electronic docket for the their counsel or representative) must may make an oral or written statement hearing in this proceeding if the apply for and receive a digital ID of position on the issues, but may not Secretary has not already established an certificate before a hearing request/ otherwise participate in the proceeding. electronic docket. petition to intervene is filed so that they A limited appearance may be made at Information about applying for a can obtain access to the document via any session of the hearing or at any digital ID certificate is available on the the E-Filing system. prehearing conference, subject to such NRC’s public Web site at http:// A person filing electronically using limits and conditions as may be www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system imposed by the Atomic Safety and apply-certificates.html. System may seek assistance by contacting the Licensing Board. Persons desiring to requirements for accessing the E- NRC Meta System Help Desk through make a limited appearance are Submittal server are detailed in the the ‘‘Contact Us’’ link located on the requested to inform the Secretary of the NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// Commission by May 6, 2013. Submission,’’ which is available on the www.nrc.gov/site-help/e- The Commission requests that each NRC’s public Web site at http:// submittals.html, by email to contention be given a separate numeric www.nrc.gov/site-help/e- [email protected], or by a toll- or alpha designation within one of the submittals.html. Participants may free call to 1–866–672–7640. The NRC following groups: (1) Technical attempt to use other software not listed Meta System Help Desk is available (primarily related to safety concerns); on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern (2) environmental; or (3) miscellaneous. NRC’s E-Filing system does not support Time, Monday through Friday, As specified in 10 CFR 2.309, if two unlisted software, and the NRC Meta excluding government holidays. or more requestors/petitioners seek to System Help Desk will not be able to Participants who believe that they co-sponsor a contention or propose offer assistance in using unlisted have a good cause for not submitting substantially the same contention, the software. documents electronically must file an requestors/petitioners will be required If a participant is electronically exemption request, in accordance with to jointly designate a representative who submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper shall have the authority to act for the accordance with the E-Filing rule, the filing requesting authorization to requestors/petitioners with respect to participant must file the document continue to submit documents in paper that contention. using the NRC’s online, Web-based format. Such filings must be submitted All documents filed in NRC submission form. In order to serve by: (1) Frst class mail addressed to the adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the request for hearing, a petition for leave Information Exchange System, users Commission, U.S. Nuclear Regulatory to intervene, any motion or other will be required to install a Web Commission, Washington, DC 20555– document filed in the proceeding prior browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and to the submission of a request for site. Further information on the Web- Adjudications Staff; or (2) courier, hearing or petition to intervene, and based submission form, including the express mail, or expedited delivery documents filed by interested installation of the Web browser plug-in, service to the Office of the Secretary, governmental entities participating is available on the NRC’s public Web Sixteenth Floor, One White Flint North, under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, accordance with the NRC E-Filing rule submittals.html. Maryland 20852, Attention: Rulemaking (72 FR 49139, August 28, 2007). The E- Once a participant has obtained a and Adjudications Staff. Participants Filing process requires participants to digital ID certificate and a docket has filing a document in this manner are submit and serve all adjudicatory been created, the participant can then responsible for serving the document on documents over the internet, or in some submit a request for hearing or petition all other participants. Filing is cases to mail copies on electronic for leave to intervene. Submissions considered complete by first-class mail storage media. Participants may not should be in Portable Document Format as of the time of deposit in the mail, or

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14365

by courier, express mail, or expedited The NRC staff has verified that a copy Meeting) (Contact: Cindy Flannery, delivery service upon depositing the of the license renewal application is 301–415–0223). document with the provider of the also available to local residents near This meeting will be Web cast live at service. A presiding officer, having SQN, at the Chattanooga-Hamilton the Web address—www.nrc.gov granted an exemption request from County Library—Northgate Branch, 520 using E-Filing, may require a participant Northgate Mall, Chattanooga, TN 37415; Week of April 8, 2013—Tentative or party to use E-Filing if the presiding the Chattanooga-Hamilton County There are no meetings scheduled for officer subsequently determines that the Library—Downtown Branch, 1001 the week of April 8, 2013. reason for granting the exemption from Broad St., Chattanooga, TN 37402; and * * * * * use of E-Filing no longer exists. the Signal Mountain Library, 1114 * The schedule for Commission Documents submitted in adjudicatory James Blvd., Signal Mountain, TN meetings is subject to change on short proceedings will appear in the NRC’s 37377. notice. To verify the status of meetings, electronic hearing docket which is Dated at Rockville, Maryland, this 25th day call (recording)—301–415–1292. available to the public at http:// of February, 2013. Contact person for more information: ehd1.nrc.gov/ehd/, unless excluded For the Nuclear Regulatory Commission. Rochelle Bavol, 301–415–1651. pursuant to an order of the Commission, or the presiding officer. Participants are John W. Lubinski, * * * * * requested not to include personal Director, Division of License Renewal, Office The NRC Commission Meeting privacy information, such as social of Nuclear Reactor Regulation. Schedule can be found on the Internet security numbers, home addresses, or [FR Doc. 2013–05020 Filed 3–4–13; 8:45 am] at: http://www.nrc.gov/public-involve/ home phone numbers in their filings, BILLING CODE 7590–01–P public-meetings/schedule.html. unless an NRC regulation or other law * * * * * requires submission of such The NRC provides reasonable information. With respect to NUCLEAR REGULATORY accommodation to individuals with copyrighted works, except for limited COMMISSION disabilities where appropriate. If you excerpts that serve the purpose of the [NRC–2013–0001] need a reasonable accommodation to adjudicatory filings and would participate in these public meetings, or constitute a Fair Use application, Sunshine Act Meetings need this meeting notice or the participants are requested not to include transcript or other information from the copyrighted materials in their AGENCY HOLDING THE MEETINGS: Nuclear public meetings in another format (e.g. submission. Regulatory Commission. braille, large print), please notify Detailed information about the license DATES: Weeks of March 4, 11, 18, 25, Kimberly Meyer, NRC Disability renewal process can be found under the April 1, 8, 2013. Program Manager, at 301–287–0727, or Nuclear Reactors icon at http:// PLACE: Commissioners’ Conference by email at kimberly.meyer- www.nrc.gov/reactors/operating/ Room, 11555 Rockville Pike, Rockville, [email protected]. Determinations on licensing/renewal.html on the NRC’s Maryland. requests for reasonable accommodation Web site. Copies of the application to STATUS: Public and Closed. will be made on a case-by-case basis. renew the operating license for SQN are * * * * * Week of March 4, 2013 available for public inspection at the This notice is distributed Commission’s Public Document Room There are no meetings scheduled for electronically to subscribers. If you no (PDR), located at One White Flint North, the week of March 4, 2013. longer wish to receive it, or would like 11555 Rockville Pike (first floor), to be added to the distribution, please Rockville, Maryland 20852–2738, and at Week of March 11, 2013—Tentative contact the Office of the Secretary, http://www.nrc.gov/reactors/operating/ Monday, March 11, 2013 Washington, DC 20555 (301–415–1969), licensing/renewal/applications.html, the or send an email to NRC’s Web site while the application is 9:15 a.m. Affirmation Session (Public [email protected]. under review. The application may be Meeting) (Tentative) accessed in ADAMS through the NRC’s Calvert Cliffs 3 Nuclear Project, LLC Dated: February 28, 2013. Public Electronic Reading Room on the & UniStar Nuclear Operating Rochelle C. Bavol, Internet at http://www.nrc.gov/reading- Services, LLC (Calvert Cliffs Policy Coordinator, Office of the Secretary. Nuclear Power Plant, Unit 3), rm/adams.html under ADAMS [FR Doc. 2013–05171 Filed 3–1–13; 4:15 pm] Docket No. 52–016–COL, Petition Accession Number ML130240007. As BILLING CODE 7590–01–P stated above, persons who do not have for Review of LBP–12–19 access to ADAMS or who encounter (Tentative) problems in accessing the documents Week of March 18, 2013—Tentative located in ADAMS may contact the NRC OVERSEAS PRIVATE INVESTMENT PDR reference staff by telephone at 1– There are no meetings scheduled for CORPORATION 800–397–4209 or 301–415–4737, or by the week of March 18, 2013. Sunshine Act Meetings; Board of email to [email protected]. Week of March 25, 2013—Tentative Petitions filed after the deadline, Directors Meeting amended petitions, and supplemental There are no meetings scheduled for petitions will not be entertained absent the week of March 25, 2013. TIME AND DATE: Thursday, March 21, 2013, 10 a.m. (Open Portion) 10:15 a.m. a determination by the Commission, the Week of April 1, 2013—Tentative Atomic Safety and Licensing Board (Closed Portion). Panel or a Presiding Officer that the Tuesday April 2, 2013 PLACE: Offices of the Corporation, petition should be granted and/or the 9:30 a.m. Meeting with Organization of Twelfth Floor Board Room, 1100 New contentions should be admitted based Agreement States (OAS) and York Avenue NW., Washington, DC. upon a balancing of the factors specified Conference of Radiation Control STATUS: Meeting Open to the Public in 10 CFR 2.309(c)(1)(i)–(viii). Program Directors (CRCPD) (Public from 10 a.m. to 10:15 a.m. Closed

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14366 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

portion will commence at 10:15 a.m. Filing Dates: The application was Restated Plan’’).2 Under the Prior Order, (approx.). filed on September 14, 2012, and Triangle’s non-employee directors each MATTERS TO BE CONSIDERED: amended on November 30, 2012, receive an automatic grant of $30,000 1. President’s Report. Febuary 21, 2013 and February 27, worth of Restricted Stock at the 2. Tribute—Kevin G. Nealer. 2013. beginning of each one-year term of 3. Confirmation—Katherine M. Gehl Hearing or Notification of Hearing: An service on Triangle’s board of directors as Member, Board Audit Committee. order granting the application will be (the ‘‘Board’’). 4. Confirmation—Rita Moss as Vice issued unless the Commission orders a 2. Triangle states that subsequent to President, Human Resources. hearing. Interested persons may request the Prior Order, it has increased its 5. Minutes of the Open Session of the a hearing by writing to the operations while continuing its effort to December 6, 2012 Board of Directors Commission’s Secretary and serving hire and retain qualified directors for Meeting. applicants with a copy of the request, the Board. In order to accomplish its personally or by mail. Hearing requests goal of hiring and retaining qualified FURTHER MATTERS TO BE CONSIDERED should be received by the Commission directors for its Board, Triangle believes (CLOSED TO THE PUBLIC 10:15 A.M.): by 5:30 p.m. on March 20, 2013, and that it is in the best interests of Triangle 1. Finance Project—Peru. should be accompanied by proof of and its stockholders to increase the 2. Finance Project—Pakistan. service on applicants, in the form of an number of shares of Restricted Stock 3. Finance Project—Guatemala. affidavit or, for lawyers, a certificate of issued to non-employee directors under 4. Finance Project—Latin America. service. Hearing requests should state the Amended and Restated Plan to 5. Minutes of the Closed Session of the nature of the writer’s interest, the appropriately compensate the non- the December 6, 2012 Board of Directors reason for the request, and the issues employee directors for their services in Meeting. contested. Persons who wish to be proportion to Triangle’s growth. 6. Reports. notified of a hearing may request Therefore, Triangle proposes to amend 7. Pending Major Projects. notification by writing to the the Amended and Restated Plan to Written summaries of the projects to Commission’s Secretary. allow each non-employee director to be presented will be posted on OPIC’s receive an annual grant of $50,000 web site on or about March 1, 2013. ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange worth of Restricted Stock. CONTACT PERSON FOR INFORMATION: 3. In addition, the amended order Commission, 100 F Street NE., Information on the meeting may be would revise condition 3 to clarify that Washington, DC 20549–1090. obtained from Connie M. Downs at (202) the term ‘‘outstanding voting securities’’ Applicant, 3700 Glenwood Avenue, 336–8438. does not include Restricted Stock and Suite 530, Raleigh, NC 27612. Dated: March 1, 2013. make certain technical changes to the FOR FURTHER INFORMATION CONTACT: Amended and Restated Plan, as Connie M. Downs, Marilyn Mann, Special Counsel, at (202) described in the application. Corporate Secretary, Overseas Private 551–6813, or Mary Kay Frech, Branch Investment Corporation. Chief, at (202) 551–6821 (Division of Applicant’s Legal Analysis [FR Doc. 2013–05182 Filed 3–1–13; 4:15 pm] Investment Management, Office of 4. Section 6(c) provides, in part, that BILLING CODE 3210–01–P Investment Company Regulation). the Commission may, by order upon SUPPLEMENTARY INFORMATION: The application, conditionally or following is a summary of the unconditionally exempt any person, SECURITIES AND EXCHANGE application. The complete application security, or transaction, or any class or COMMISSION may be obtained via the Commission’s classes thereof, from any provision of Web site by searching for the file the Act or of any rule or regulation [Investment Company Act Release No. under the Act, if and to the extent that 30410; 812–14077] number, or for an applicant using the ‘‘Company’’ name box, at http:// such exemption is necessary or Triangle Capital Corporation; Notice of www.sec.gov/search/search.htm or by appropriate in the public interest and Application calling (202) 551–8090. consistent with the protection of investors and the purposes fairly February 28, 2013. Applicant’s Representations intended by the policy and provisions of AGENCY: Securities and Exchange 1. Triangle is an internally managed, the Act. Commission (‘‘Commission’’). closed-end investment company that 5. Section 57(a)(4) and rule 17d–1 ACTION: Notice of an application to has elected to be regulated as a business provide that the Commission may, by amend a prior order under section 6(c) development company (‘‘BDC’’) under order upon application, grant relief of the Investment Company Act of 1940 section 54(a) of the Act. On March 18, under section 57(a)(4) and rule 17d–1 (the ‘‘Act’’) for exemptions from 2008, Triangle received an order (the permitting certain joint enterprises or sections 23(a), 23(b) and 63 of the Act, ‘‘Prior Order’’) 1 permitting it to issue arrangements and profit-sharing plans. and under sections 57(a)(4) and 57(i) of shares of restricted common stock Rule 17d–1(b) further provides that in the Act and rule 17d–1 under the Act (‘‘Restricted Stock’’) to its employees, passing upon such an application, the authorizing certain joint transactions employees of its wholly-owned Commission will consider whether the otherwise prohibited by section 57(a)(4) consolidated subsidiaries, and its non- participation of the BDC in such of the Act. employee directors pursuant to its enterprise, arrangement, or plan is Amended and Restated 2007 Equity consistent with the provision, policies Summary of the Application: Triangle Incentive Plan (the ‘‘Amended and and purposes of the Act and the extent Capital Corporation (‘‘Triangle’’) to which such participation is on a basis requests an order (‘‘Amended Order’’) 1 Triangle Capital Corporation, Investment that would amend a prior order to Company Act Release Nos. 28165 (Feb. 20, 2008) 2 ‘‘Restricted Stock’’ means shares of Triangle’s (notice) and 28196 (Mar. 18, 2008) (order), as common stock that, at the time of issuance, are increase the amount of Restricted Stock, amended by Triangle Capital Corporation, subject to forfeiture restrictions, and thus are as defined below, issued annually to Investment Company Act Release Nos. 28692 (Apr. restricted as to their transferability until such each non-employee director. 13, 2009) (notice) and 28718 (May 5, 2009) (order). forfeiture restrictions have lapsed.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14367

different from or less advantageous than SECURITIES AND EXCHANGE should be accompanied by proof of that of other participants. COMMISSION service on applicants, in the form of an affidavit, or for lawyers, a certificate of 6. Applicant states that with respect [Investment Company Act Release No. to the relief granted in the Prior Order 30409; File No. 812–14125] service. Hearing requests should state under section 6(c), the Amended Order the nature of the writer’s interest, the reason for the request, and the issues remains appropriate in the public Market Vectors ETF Trust, et al.; Notice contested. Persons who wish to be interest and consistent with the of Application notified of a hearing may request protection of investors and the purposes February 27, 2013. notification by writing to the fairly intended by the policy and AGENCY: Securities and Exchange Commission’s Secretary. provisions of the Act. Applicant states Commission (‘‘Commission’’). ADDRESSES: Elizabeth M. Murphy, that with respect to the relief granted in ACTION: Notice of an application for an Secretary, Securities and Exchange the Prior Order under section 57(a)(4) order under section 6(c) of the Commission, 100 F Street NE., and rule 17d–1, the participation by Investment Company Act of 1940 (the Washington, DC 20549; Applicants, 335 Triangle under the Amended Order ‘‘Act’’) for an exemption from sections Madison Avenue, New York, New York remains consistent with the provisions, 2(a)(32), 5(a)(1), 22(d), and 22(e) of the 10017. policies and purposes of the Act and Act and rule 22c–1 under the Act, under FOR FURTHER INFORMATION CONTACT: that Triangle’s participation will not be sections 6(c) and 17(b) of the Act for an Mark N. Zaruba, Senior Counsel at (202) less advantageous than that of the other exemption from sections 17(a)(1) and 551–6878, or David P. Bartels, Branch participants. (a)(2) of the Act, and under section Chief, at (202) 551–6821 (Division of 12(d)(1)(J) for an exemption from Applicant’s Conditions Investment Management, Office of sections 12(d)(1)(A) and 12(d)(1)(B) of Investment Company Regulation). Applicant agrees that the Amended the Act. SUPPLEMENTARY INFORMATION: The Order will be subject to the same SUMMARY: Applicants request an order following is a summary of the conditions as those imposed by the that would permit (a) certain open-end application. The complete application Prior Order, except that condition 3 is management investment companies or may be obtained via the Commission’s revised in its entirety as follows: series thereof to issue shares (‘‘Shares’’) Web site by searching for the file The amount of voting securities that redeemable in large aggregations only number, or an applicant using the would result from the exercise of all of (‘‘Creation Units’’); (b) secondary market Company name box, at http:// Triangle’s outstanding warrants, transactions in Shares to occur at www.sec.gov/search/search.htm or by options, and rights, together with any negotiated market prices; (c) certain calling (202) 551–8090. Restricted Stock issued pursuant to the series to pay redemption proceeds, Applicants’ Representations under certain circumstances, more than Amended and Restated Plan, at the time 1. The Trust is registered under the seven days after the tender of Shares for of issuance shall not exceed 25% of the Act as an open-end management redemption; (d) certain affiliated outstanding voting securities of investment company and is organized as persons of the series to deposit Triangle, except that if the amount of a Delaware statutory trust. In reliance on securities into, and receive securities voting securities that would result from the requested order, the Trust will offer from, the series in connection with the the exercise of all of Triangle’s one or more series (each a ‘‘Fund,’’ and, purchase and redemption of Creation outstanding warrants, options, and collectively, the ‘‘Funds’’),1 each of Units; (e) certain registered management rights issued to Triangle’s directors, which will seek to provide investment investment companies and unit officers, and employees, together with returns that correspond, before fees and investment trusts outside of the same any Restricted Stock issued pursuant to expenses, generally to the performance group of investment companies as the of a specified equity and/or a fixed the Amended and Restated Plan, would series to acquire Shares; and (f) certain income securities index that either: (i) exceed 15% of the outstanding voting series to perform creations and includes both long and short positions securities of Triangle, then the total redemptions of Shares in-kind in a in securities (‘‘Long/Short Index’’); or amount of voting securities that would master-feeder structure. (ii) uses a 130/30 investment strategy result from the exercise of all Applicants: Market Vectors ETF Trust (‘‘130/30 Index’’ and, collectively with outstanding warrants, options, and (the ‘‘Trust’’), Van Eck Associates the Long/Short Indexes, ‘‘Underlying rights, together with any Restricted Corporation (the ‘‘Adviser’’), and Van Stock issued pursuant to the Amended Indexes’’). Eck Securities Corporation (the 2. Applicants represent that the Trust and Restated Plan, at the time of ‘‘Distributor’’). intends initially to offer the Fund issuance shall not exceed 20% of the DATES: The application was filed on identified in the application (‘‘Current outstanding voting securities of February 22, 2013. Applicants have 3 Fund’’), whose investment objective Triangle. agreed to file an amendment during the will be to seek to replicate as closely as For the Commission, by the Division of notice period, the substance of which is possible, before fees and expenses, the Investment Management, pursuant to reflected in this notice. price and yield performance of the delegated authority. Hearing or Notification of Hearing: An Market Vectors® U.S. Treasury-Hedged Kevin M. O’Neill, order granting the requested relief will High Yield Bond Index, a Long/Short Deputy Secretary. be issued unless the Commission orders Index developed by Market Vectors a hearing. Interested persons may [FR Doc. 2013–05026 Filed 3–4–13; 8:45 am] Index Solutions GmbH, a wholly owned request a hearing by writing to the BILLING CODE 8011–01–P Commission’s Secretary and serving 1 In addition to the Current Fund, the Trust applicants with a copy of the request, includes series that rely on prior ETF exemptive relief granted by the Commission. The Funds will 3 For the purposes of this condition, ‘‘outstanding personally or by mail. Hearing requests not rely on this prior exemptive relief, and ETFs voting securities’’ does not include Restricted should be received by the Commission relying on this prior relief will not rely on the relief Stock. by 5:30 p.m. on March 20, 2013, and requested in this application.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14368 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

subsidiary of the Adviser. The Current managed by the Adviser having expect that each Fund will have an Fund’s Underlying Index is described in substantially the same investment annual tracking error relative to the Appendix A to the application. objectives as the Feeder Fund (‘‘Master performance of its Underlying Index of 3. Applicants request that the order Fund’’) beyond the limitation in section less than 5 percent. apply to the Current Fund and any 12(d)(1)(A) and permit the Master 9. Each Fund will issue, on a additional series of the Trust 2 and any Funds, and any principal underwriter continuous basis, Creation Units, which other open-end management investment for the Master Fund, to sell shares of the will typically consist of at least 25,000 company or series thereof that may be Master Funds to the Feeder Funds Shares and have an initial price per created in the future (‘‘Future Funds’’) beyond the limitations in section Share of $25 to $100. All orders to and that tracks an Underlying Index.3 12(d)(1)(B) (‘‘Master-Feeder Relief’’). purchase Creation Units must be placed Any Future Fund will be (a) advised by Applicants may structure certain Feeder with the Distributor by or through a the Adviser, or an entity controlling, Funds to generate economies of scale party that has entered into an agreement controlled by, or common control with and incur lower overhead costs.5 There with the Distributor (‘‘Authorized the Adviser (included in the term would be no ability by Fund Participant’’). The Distributor will be ‘‘Adviser’’) and (b) comply with the shareholders to exchange Shares of responsible for delivering the Fund’s terms and conditions of the application. Feeder Funds for shares of another prospectus to those persons acquiring For purposes of this notice, references to feeder series of the Master Fund. Creation Units and for maintaining ‘‘Funds’’ include the Current Fund, as 7. Each Fund will hold certain records of both the orders placed with well as any Future Funds. securities and other instruments it and the confirmations of acceptance 4. Certain of the Funds will be based (‘‘Portfolio Securities’’) selected to furnished by it. In addition, the on Underlying Indexes which will be correspond to the performance of its Distributor will maintain a record of the comprised of equity and/or fixed Underlying Index.6 Except with respect instructions given to the applicable income securities issued by domestic to Affiliated Index Funds (defined Fund to implement the delivery of its issuers or non-domestic issuers meeting below), no entity that creates, compiles, Shares. An Authorized Participant must the requirements for trading in U.S. sponsors or maintains an Underlying be either (a) a ‘‘Participating Party,’’ markets. Other Funds will be based on Index (‘‘Index Provider’’) will be an (i.e., a broker-dealer or other participant Underlying Indexes which will be affiliated person, as defined in section in the Continuous Net Settlement comprised of foreign and domestic or 2(a)(3) of the Act, or an affiliated person System of the National Securities solely foreign equity and/or fixed of an affiliated person, of the Trust, a Clearing Corporation (‘‘NSCC’’), a income securities. Fund, the Adviser, any Sub-adviser, or clearing house registered with the 5. An Adviser registered as an promoter of a Fund, or of the Commission, or (b) a participant in the investment adviser under the Distributor. Depository Trust Company (‘‘DTC,’’ and Investment Advisers Act of 1940 (the 8. A Fund will utilize either a such participant, ‘‘DTC Participant’’), ‘‘Advisers Act’’) will serve as replication or representative sampling which, in either case, has signed a investment adviser to the Funds. The strategy to track its Underlying Index. A ‘‘Participant Agreement’’ with the Adviser may enter into sub-advisory Fund using a replication strategy will Distributor. agreements with one or more 10. The Shares will be purchased and invest in substantially all of the investment advisers to act as a sub- redeemed in Creation Units and Component Securities in its Underlying adviser to a Fund (each, a ‘‘Sub- generally on an in-kind basis. Except Index in the same approximate Adviser’’). Each Sub-Adviser will be where the purchase or redemption will proportions as in the Underlying Index. registered or not subject to registration include cash under the limited A Fund using a representative sampling under the Advisers Act. The Distributor circumstances specified below, strategy will hold some, but may not is a broker-dealer registered under the purchasers will be required to purchase hold all, of the Component Securities of Securities Exchange Act of 1934 (the Creation Units by making an in-kind its Underlying Index. Applicants state ‘‘Exchange Act’’) and will act as the deposit of specified instruments that use of the representative sampling principal underwriter and distributor (‘‘Deposit Instruments’’), and strategy may prevent a Fund from for the Funds.4 shareholders redeeming their Shares tracking the performance of its 6. A Fund may operate as a feeder will receive an in-kind transfer of Underlying Index with the same degree fund in a master-feeder structure specified instruments (‘‘Redemption of accuracy as would a Fund that (‘‘Feeder Fund’’). Applicants request Instruments’’).7 On any given Business invests in every Component Security of that the order permit the Feeder Funds Day the names and quantities of the the Underlying Index. Applicants to acquire securities of another instruments that constitute the Deposit registered investment company Instruments and the names and 5 Operating in a master-feeder structure could also impose costs on a Feeder Fund and reduce its quantities of the instruments that 2 This includes any existing ETF (defined below) tax efficiency. The Feeder Fund’s Board will weigh constitute the Redemption Instruments of the Trust currently relying on the prior ETF the potential disadvantages against the benefits of will be identical, unless the Fund is exemptive relief that becomes a Fund. As discussed economies of scale and other benefits of operating Rebalancing (as defined below). In in footnote 1, any such ETF will be subject to the within a master-feeder structure. In a master-feeder terms and conditions of the requested order and structure, the Master Fund—rather than the Feeder addition, the Deposit Instruments and will no longer be permitted to rely on the prior Fund—would generally invest the portfolio in relief. compliance with the Order. 7 The Funds must comply with the federal 3 All entities that currently intend to rely on the 6 Applicants represent that each Fund will invest securities laws in accepting Deposit Instruments order have been named as applicants. Any other at least 80% of its total assets in the component and satisfying redemptions with Redemption existing or future entity that subsequently relies on securities that comprise its Underlying Index Instruments, including that the Deposit Instruments the order will comply with the terms and (‘‘Component Securities’’) or, as applicable, and Redemption Instruments are sold in conditions of the application. A Fund of Funds (as depositary receipts or TBA Transactions (as defined transactions that would be exempt from registration defined below) may rely on the order only to invest below) representing Component Securities. Each under the Securities Act of 1933 (‘‘Securities Act’’). in Funds and not in any other registered investment Fund also may invest up to 20% of its total assets In accepting Deposit Instruments and satisfying company. (the ‘‘20% Asset Basket’’) in a broad variety of other redemptions with Redemption Instruments that are 4 Applicants request that the order also apply to instruments, including securities not included in its restricted securities eligible for resale pursuant to future distributors that comply with the terms and Underlying Index, which the Adviser believes will Rule 144A under the Securities Act, the Funds will conditions of the application. help the Fund track its Underlying Index. comply with the conditions of Rule 144A.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14369

the Redemption Instruments will each redemptions on that day will be made Instruments will apply until new lists correspond pro rata to the positions in entirely in cash; (c) if, upon receiving a are announced on the following a Fund’s portfolio (including cash purchase or redemption order from an Business Day, and there will be no intra- positions),8 except: (a) in the case of Authorized Participant, a Fund day changes to the lists except to correct bonds, for minor differences when it is determines to require the purchase or errors in the published lists. impossible to break up bonds beyond redemption, as applicable, to be made 13. The Adviser will provide full certain minimum sizes needed for entirely in cash; 14 (d) if, on a given portfolio holdings disclosure on a daily transfer and settlement; (b) for minor Business Day, a Fund requires all basis on the Funds’ publicly available differences when rounding is necessary Authorized Participants purchasing or Web site (‘‘Web site’’) and will develop to eliminate fractional shares or lots that redeeming Shares on that day to deposit an ‘‘IIV File,’’ which it will use to are not tradeable round lots; 9 (c) ‘‘to be or receive (as applicable) cash in lieu of disclose the Funds’ full portfolio announced’’ transactions (‘‘TBA some or all of the Deposit Instruments holdings, including short positions. Transactions’’),10 short positions, or Redemption Instruments, Before the opening of business on each derivatives and other positions that respectively, solely because: (i) Such Business Day, the Trust, Adviser or cannot be transferred in kind 11 will be instruments are not eligible for transfer other third party, will make the IIV File excluded from the Deposit Instruments through either the NSCC or DTC; or (ii) available by email upon request. and the Redemption Instruments; 12 (d) in the case of Foreign Funds, such Applicants state that given either the IIV to the extent the Fund determines, on a instruments are not eligible for trading File or the Web site disclosure,16 anyone given Business Day, to use a due to local trading restrictions, local will be able to know in real time the representative sampling of the Fund’s restrictions on securities transfers or intraday value of the Funds.17 The portfolio; 13 or (e) for temporary periods, other similar circumstances; or (e) if a investment characteristics of any to effect changes in the Fund’s portfolio Fund permits an Authorized Participant financial instruments and short as a result of the rebalancing of its to deposit or receive (as applicable) cash positions used to achieve short and long Underlying Index (any such change, a in lieu of some or all of the Deposit exposures will be described in sufficient ‘‘Rebalancing’’). If there is a difference Instruments or Redemption Instruments, detail for market participants to between the net asset value (‘‘NAV’’) respectively, solely because: (i) Such understand the principal investment attributable to a Creation Unit and the instruments are, in the case of the strategies of the Funds and to permit aggregate market value of the Deposit purchase of a Creation Unit, not informed trading of their Shares. Instruments or Redemption Instruments available in sufficient quantity; (ii) such 14. Shares of each Fund will be listed exchanged for the Creation Unit, the instruments are not eligible for trading and traded individually on an party conveying instruments with the by an Authorized Participant or the Exchange. It is expected that one or lower value will also pay to the other an investor on whose behalf the more member firms of an Exchange will amount in cash equal to that difference Authorized Participant is acting; or (iii) be designated to act as a market maker (the ‘‘Balancing Amount’’). a holder of Shares of a Foreign Fund (‘‘Market Maker’’) and maintain a 11. Purchases and redemptions of would be subject to unfavorable income market in Shares trading on the Creation Units may be made in whole or tax treatment if the holder receives Exchange. Prices of Shares trading on an in part on a cash basis, rather than in 15 redemption proceeds in kind. Exchange will be based on the current kind, solely under the following 12. Each Business Day, before the bid/ask market. Shares sold in the circumstances: (a) to the extent there is open of trading on a national securities secondary market will be subject to a Balancing Amount, as described exchange, as defined in section 2(a)(26) customary brokerage commissions and above; (b) if, on a given Business Day, of the Act (‘‘Exchange’’) on which charges. a Fund announces before the open of Shares are listed (‘‘Listing Exchange’’), trading that all purchases, all each Fund will cause to be published 15. Applicants expect that purchasers redemptions or all purchases and through the NSCC the names and of Creation Units will include quantities of the instruments comprising institutional investors and arbitrageurs. 8 The portfolio used for this purpose will be the the Deposit Instruments and the Market Makers also may purchase same portfolio used to calculate the Fund’s NAV for Redemption Instruments, as well as the Creation Units for use in market-making that Business Day. estimated Balancing Amount (if any), activities. Applicants expect that 9 A tradeable round lot for a security will be the secondary market purchasers of Shares standard unit of trading in that particular type of for that day. The list of Deposit security in its primary market. Instruments and the list of Redemption will include both institutional investors 18 10 A TBA Transaction is a method of trading and retail investors. Applicants expect mortgage-backed securities. In a TBA Transaction, 14 In determining whether a particular Fund will the buyer and seller agree on general trade sell or redeem Creation Units entirely on a cash or 16 The information on the Web site will be the parameters such as agency, settlement date, par in-kind basis (whether for a given day or a given same as that disclosed to Authorized Participants in amount and price. The actual pools delivered order), the key consideration will be the benefit that the IIV File, except that (a) the information generally are determined two days prior to the would accrue to the Fund and its investors. For provided on the Web site will be formatted to be settlement date. instance, in bond transactions, the Adviser may be reader-friendly and (b) the portfolio holdings data 11 This includes instruments that can be able to obtain better execution than Share on the Web site will be calculated and displayed transferred in kind only with the consent of the purchasers because of the Adviser’s or Sub- on a per Fund basis, while the information in the original counterparty to the extent the Fund does adviser’s size, experience and potentially stronger IIV File will be calculated and displayed on a per not intend to seek such consents. relationships in the fixed income markets. Creation Unit basis. 12 Because these instruments will be excluded Purchases of Creation Units either on an all cash 17 Each Listing Exchange or other major market from the Deposit Instruments and the Redemption basis or in-kind are expected to be neutral to the data provider will disseminate, every 15 seconds Instruments, their value will be reflected in the Funds from a tax perspective. In contrast, cash during regular Exchange trading hours, through the determination of the Balancing Amount (defined redemptions typically require selling portfolio facilities of the Consolidated Tape Association, an below). holdings, which may result in adverse tax amount for each Fund representing the sum of (a) 13 A Fund may only use sampling for this purpose consequences for the remaining Fund shareholders the estimated Balancing Amount and (b) the current if the sample: (a) is designed to generate that would not occur with an in-kind redemption. value of the Deposit Instruments and any short performance that is highly correlated to the As a result, tax considerations may warrant in-kind positions, on a per individual Share basis. performance of the Fund’s portfolio; (b) consists redemptions. 18 Shares will be registered in book-entry form entirely of instruments that are already included in 15 A ‘‘custom order’’ is any purchase or only. DTC or its nominee will be the registered the Fund’s portfolio; and (c) is the same for all redemption of Shares made in whole or in part on owner of all outstanding Shares. DTC or DTC Authorized Participants on a given Business Day. a cash basis in reliance on clause (e)(i) or (e)(ii). Continued

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14370 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

that the price at which Shares trade will (‘‘Affiliated Index Provider’’) will create the identity and weightings of the be disciplined by arbitrage a proprietary, rules based methodology securities of any Affiliated Index will be opportunities created by the option to (‘‘Rules-Based Process’’) to create readily ascertainable by any third party continually purchase or redeem Underlying Indexes for use by the because the Rules-Based Process will be Creation Units at their NAV, which Affiliated Index Funds and other publicly available. should ensure that Shares will not trade investors (an ‘‘Affiliated Index’’).21 The 21. Like other index providers, the at a material discount or premium in Affiliated Index Provider, as owner of Affiliated Index Provider may modify relation to their NAV. the Underlying Indexes and all related the Rules-Based Process in the future. 16. Shares will not be individually intellectual property related thereto, The Rules-Based Process could be redeemable. To redeem, an investor will license the use of the Affiliated modified, for example, to reflect must accumulate enough Shares to Indexes, their names and other related changes in the underlying market constitute a Creation Unit. Redemption intellectual property to the Adviser for tracked by an Affiliated Index, the way orders must be placed by or through an use in connection with the Affiliated in which the Rules-Based Process takes Authorized Participant. Index Funds, or their respective Master into account market events or to change 17. An investor purchasing or Funds. The licenses for the Affiliated the way a corporate action, such as a redeeming a Creation Unit from a Fund Index Funds, or their respective Master stock split, is handled. Such changes may be charged a fee (‘‘Transaction Funds will state that the Adviser must would not take effect until the Index Fee’’) to protect existing shareholders of provide the use of the Affiliated Indexes Personnel (defined below) has given (a) the Funds from the dilutive costs and related intellectual property at no the Calculation Agent (defined below) associated with the purchase and cost to the Trust and the Affiliated reasonable prior written notice of such redemption of Creation Units.19 With Index Funds, or their respective Master rule changes, and (b) the investing respect to Feeder Funds, the Funds. public at least sixty (60) days published Transaction Fee would be paid 20. Applicants contend that the notice that such changes will be indirectly to the Master Fund.20 potential conflicts of interest arising implemented. Affiliated Indexes may 18. Neither the Trust nor any Fund from the fact that the Affiliated Index have reconstitution dates and rebalance will be advertised, marketed or Provider will be an ‘‘affiliated person’’ dates that occur on a periodic basis otherwise held out as a traditional open- of the Adviser will not have any impact more frequently than once yearly, but end investment company or a mutual on the operation of the Affiliated Index no more frequently than monthly. fund. Instead, each Fund will be Funds because the Affiliated Indexes 22. As owner of the Affiliated marketed as an ‘‘exchange traded fund will maintain transparency, the Indexes, the Affiliated Index Provider (‘‘ETF’’). All marketing materials that Affiliated Index Funds’ portfolios will will hire a calculation agent describe the features or method of be transparent, and the Affiliated Index (‘‘Calculation Agent’’). The Calculation obtaining, buying or selling Creation Provider, the Adviser, any Sub-Adviser Agent will determine the number, type, Units, or Shares traded on an Exchange, and the Affiliated Index Funds each will and weight of securities that will or refer to redeemability, will adopt policies and procedures to comprise each Affiliated Index, will prominently disclose that Shares are not address any potential conflicts of perform all other calculations necessary individually redeemable and that the interest (‘‘Policies and Procedures’’). to determine the proper make-up of the owners of Shares may purchase or The Affiliated Index Provider will Affiliated Index, including the redeem Shares from the Fund in publish in the public domain, including reconstitutions for such Affiliated Creation Units. The same approach will on its Web site and/or the Affiliated Index, and will be solely responsible for be followed in the shareholder reports Index Funds’ Web site, all of the rules all such Affiliated Index maintenance, issued or circulated in connection with that govern the construction and calculation, dissemination and the Shares. The Funds will provide maintenance of each of its Affiliated reconstitution activities. The copies of their annual and semi-annual Indexes. Applicants believe that this Calculation Agent will not be an shareholder reports to DTC Participants public disclosure will prevent the affiliated person, as such term is defined for distribution to shareholders. Adviser from possessing any advantage in the Act, or an affiliated person of an 19. Applicants also request that the over other market participants by virtue affiliated person, of the Funds, or their order allow them to offer Funds for of its affiliation with the Affiliated respective Master Funds, the Adviser, which an affiliated person of the Index Provider, the owner of the any Sub-Adviser, any promoter of a Adviser will serve as the Index Provider Affiliated Indexes. Applicants note that Fund or the Distributor. (‘‘Affiliated Index Fund’’). The Index 23. The Adviser and the Affiliated Provider to an Affiliated Index Fund 21 The Underlying Indexes may be made available Index Provider will adopt and to registered investment companies, as well as implement Policies and Procedures to separately managed accounts of institutional address any potential conflicts of Participants will maintain records reflecting investors and privately offered funds that are not beneficial owners of Shares. deemed to be ‘‘investment companies’’ in reliance interest. Among other things, the 19 Where a Fund permits an in-kind purchaser to on section 3(c)(1) or 3(c)(7) of the Act and other Policies and Procedures will be substitute cash in lieu of depositing one or more pooled investment vehicles for which the Adviser designed to limit or prohibit Deposit Instruments, the Transaction Fee imposed acts as adviser or sub-adviser (‘‘Affiliated communication between employees of on a purchaser or redeemer may be higher. Accounts’’) as well as other such registered 20 Applicants are not requesting relief from investment companies, separately managed the Affiliated Index Provider and its section 18 of the Act. Accordingly, a Master Fund accounts, privately offered funds and other pooled affiliates who have responsibility for the may require a Transaction Fee payment to cover investment vehicles for which it does not act either Affiliated Indexes and the Rules Based expenses related to purchases or redemptions of the as adviser or sub-adviser (‘‘Unaffiliated Accounts’’). Process, as well as those employees of Master Fund’s shares by a Feeder Fund only if it The Affiliated Accounts and the Unaffiliated requires the same payment for equivalent purchases Accounts (collectively, ‘‘Accounts’’), like the the Affiliated Index Provider and its or redemptions by any other feeder fund. Thus, for Funds, would seek to track the performance of one affiliates appointed to assist such example, a Master Fund may require payment of a or more Underlying Index(es) by investing in the employees in the performance of his/her Transaction Fee by a Feeder Fund for transactions constituents of such Underlying Index(es) or a duties (‘‘Index Personnel’’) and other for 20,000 or more shares so long as it requires representative sample of such constituents of the payment of the same Transaction Fee by all feeder index. Consistent with the relief requested from employees of the Affiliated Index funds for transactions involving 20,000 or more section 17(a), the Affiliated Accounts will not Provider. The Index Personnel (a) will shares. engage in Creation Unit transactions with a Fund. not have any responsibility for the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14371

management of the Affiliated Index the Act. Section 12(d)(1)(J) of the Act of the Act and rule 22c–1 under the Act Funds, or their respective Master Funds, provides that the Commission may with respect to pricing are equally or the Affiliated Accounts, (b) will be exempt any person, security, or satisfied by the proposed method of expressly prohibited from sharing this transaction, or any class or classes of pricing Shares. Applicants maintain that information with any employees of the persons, securities or transactions, from while there is little legislative history Adviser or those of any Sub-Adviser, any provisions of section 12(d)(1) if the regarding section 22(d), its provisions, that have responsibility for the exemption is consistent with the public as well as those of rule 22c–1, appear to management of the Affiliated Index interest and the protection of investors. have been designed to (a) prevent Funds, or their respective Master Funds, Sections 5(a)(1) and 2(a)(32) of the Act dilution caused by certain riskless or any Affiliated Account until such trading schemes by principal information is publicly announced, and 3. Section 5(a)(1) of the Act defines an underwriters and contract dealers, (b) (c) will be expressly prohibited from ‘‘open-end company’’ as a management prevent unjust discrimination or sharing or using this non-public investment company that is offering for preferential treatment among buyers, information in any way except in sale or has outstanding any redeemable and (c) ensure an orderly distribution connection with the performance of security of which it is the issuer. system of investment company shares their respective duties. In addition, the Section 2(a)(32) of the Act defines a by eliminating price competition from Adviser and any Sub-Adviser will adopt redeemable security as any security, non-contract dealers offering shares at and implement, pursuant to rule 206(4)– other than short-term paper, under the less than the published sales price and 7 under the Advisers Act, written terms of which the owner, upon its repurchasing shares at more than the policies and procedures designed to presentation to the issuer, is entitled to published redemption price. prevent violations of the Advisers Act receive approximately his proportionate share of the issuer’s current net assets, 6. Applicants believe that none of and the rules thereunder. Also, the these purposes will be thwarted by Adviser has adopted a code of ethics or the cash equivalent. Because Shares will not be individually redeemable, permitting Shares to trade in the pursuant to rule 17j–1 under the Act secondary market at negotiated prices. and rule 204A–1 under the Advisers Act applicants request an order that would permit the Funds to register as open-end Applicants state that (a) secondary (‘‘Code of Ethics’’). Any Sub-Adviser market trading in Shares does not will be required to adopt a Code of management investment companies and involve Trust assets and will not result Ethics and provide the Trust with the issue Shares that are redeemable in in dilution of an investment in Shares, certification required by rule 17j–1 Creation Units only.22 Applicants state and (b) to the extent different prices under the Act. In conclusion, that investors may purchase Shares in exist during a given trading day, or from Applicants submit that the Affiliated Creation Units and redeem Creation day to day, such variances occur as a Index Funds will operate in a manner Units from each Fund. Applicants result of third party market forces, such very similar to the other index-based further state that because the market as supply and demand. Therefore, ETFs which are currently traded. price of Shares will be disciplined by arbitrage opportunities, investors should applicants assert that secondary market Applicants’ Legal Analysis be able to buy and sell Shares in the transactions in Shares will not lead to 1. Applicants request an order under secondary market at prices that do not discrimination or preferential treatment section 6(c) of the Act for an exemption vary materially from their NAV. among purchasers. Finally, applicants from sections 2(a)(32), 5(a)(1), 22(d), and contend that the proposed distribution Section 22(d) of the Act and Rule 22c– 22(e) of the Act and rule 22c–1 under system will be orderly because 1 Under the Act the Act, under sections 6(c) and 17(b) of competitive forces will ensure that the the Act for an exemption from sections 4. Section 22(d) of the Act, among difference between the market price of 17(a)(1) and 17(a)(2) of the Act, and other things, prohibits a dealer from Shares and their NAV remains narrow. selling a redeemable security that is under section 12(d)(1)(J) of the Act for Section 22(e) an exemption from sections 12(d)(1)(A) currently being offered to the public by and 12(d)(1)(B) of the Act. or through a principal underwriter, 7. Section 22(e) of the Act generally 2. Section 6(c) of the Act provides that except at a current public offering price prohibits a registered investment the Commission may exempt any described in the prospectus. Rule 22c– company from suspending the right of person, security or transaction, or any 1 under the Act generally requires that redemption or postponing the date of class of persons, securities or a dealer selling, redeeming or payment of redemption proceeds for transactions, from any provision of the repurchasing a redeemable security do more than seven days after the tender of Act, if and to the extent that such so only at a price based on its NAV. a security for redemption. Applicants exemption is necessary or appropriate Applicants state that secondary market observe that the settlement of in the public interest and consistent trading in Shares will take place at redemptions for the Foreign Funds will with the protection of investors and the negotiated prices, not at a current be contingent not only on the settlement purposes fairly intended by the policy offering price described in a Fund’s cycle of the U.S. securities markets, but and provisions of the Act. Section 17(b) prospectus, and not at a price based on also on the delivery cycles in local of the Act authorizes the Commission to NAV. Thus, purchases and sales of markets for the underlying foreign exempt a proposed transaction from Shares in the secondary market will not securities held by the Foreign Funds. section 17(a) of the Act if evidence comply with section 22(d) of the Act Applicants believe that under certain establishes that the terms of the and rule 22c–1 under the Act. circumstances, the delivery cycles for transaction, including the consideration Applicants request an exemption under transferring Portfolio Securities to to be paid or received, are reasonable section 6(c) from these provisions. redeeming investors, coupled with local and fair and do not involve 5. Applicants assert that the concerns market holiday schedules, will require a overreaching on the part of any person sought to be addressed by section 22(d) delivery process of up to 15 calendar concerned, and the proposed days.23 Applicants therefore request transaction is consistent with the 22 The Master Funds will not require relief from sections 2(a)(32) and 5(a)(1) because the Master policies of the registered investment Funds will operate as traditional mutual funds and 23 In the past, settlement in certain countries, company and the general provisions of issue individually redeemable securities. including Russia, has extended to 15 calendar days.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14372 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

relief from section 22(e) in order to companies, more than 10% of the total Fund of Funds may have over a Fund, provide for payment or satisfaction of assets of the acquiring company. Section applicants propose a condition redemptions within the maximum 12(d)(1)(B) of the Act prohibits a prohibiting a Fund of Funds Adviser or number of calendar days required for registered open-end investment a Sponsor, any person controlling, such payment or satisfaction in the company, its principal underwriter or controlled by, or under common control principal local markets where any other broker or dealer from selling with the Fund of Funds Adviser or transactions in the Portfolio Securities the investment company’s shares to Sponsor, and any investment company of each Foreign Fund customarily clear another investment company if the sale or issuer that would be an investment and settle, but in all cases no later than will cause the acquiring company to company but for section 3(c)(1) or 15 calendar days following the tender of own more than 3% of the acquired 3(c)(7) of the Act that is advised or a Creation Unit.24 With respect to company’s voting stock, or if the sale sponsored by the Fund of Funds Future Funds that are Foreign Funds, will cause more than 10% of the Adviser or Sponsor, or any person applicants seek the same relief from acquired company’s voting stock to be controlling, controlled by, or under section 22(e) only to the extent that owned by investment companies common control with the Fund of circumstances exist similar to those generally. Funds Adviser or Sponsor (‘‘Fund of described in the application. 11. Applicants request an exemption Funds’ Advisory Group’’) from 8. Applicants submit that section to permit management investment controlling (individually or in the 22(e) was designed to prevent companies (‘‘Investing Management aggregate) a Fund within the meaning of unreasonable, undisclosed and Companies’’) and unit investment trusts section 2(a)(9) of the Act. The same unforeseen delays in the actual payment (‘‘Investing Trusts’’) registered under the prohibition would apply to any Fund of of redemption proceeds. Applicants Act that are not sponsored or advised by Funds Sub-Adviser, any person state that allowing redemption the Adviser and are not part of the same controlling, controlled by or under payments for Creation Units of a Foreign ‘‘group of investment companies,’’ as common control with the Fund of Fund to be made within a maximum of defined in section 12(d)(1)(G)(ii) of the Funds Sub-Adviser, and any investment 15 calendar days would not be Act, as the Funds (collectively, ‘‘Fund of company or issuer that would be an inconsistent with the spirit and intent of Funds’’) to acquire Shares beyond the investment company but for section section 22(e). Applicants state the SAI limits of section 12(d)(1)(A). In addition, 3(c)(1) or 3(c)(7) of the Act (or portion will identify those instances in a given applicants seek relief to permit the of such investment company or issuer) year where, due to local holidays, more Funds, the Distributor, and any broker- advised or sponsored by the Fund of than seven days will be needed to dealer that is registered under the Funds Sub-Adviser or any person deliver redemption proceeds and will Exchange Act to sell Shares to Fund of controlling, controlled by or under list such holidays and the maximum Funds in excess of the limits of section common control with the Fund of number of days, but in no case more 12(d)(1)(B). Funds Sub-Adviser (‘‘Fund of Funds than 15 calendar days. Applicants are 12. Each Investing Management Sub-Advisory Group’’). Applicants only seeking relief from section 22(e) to Company will be advised by an propose other conditions to limit the the extent that the Foreign Funds effect investment adviser within the meaning potential for undue influence over the creations and redemptions of Creation of section 2(a)(20)(A) of the Act (the Funds, including that no Fund of Funds 25 Units in-kind. ‘‘Fund of Funds Adviser’’) and may be or Fund of Funds Affiliate (except to the 9. With respect to Feeder Funds, only sub-advised by one or more investment extent it is acting in its capacity as an in-kind redemptions may proceed on a advisers within the meaning of section investment adviser to a Fund) will cause delayed basis pursuant to the relief 2(a)(20)(B) of the Act (each a ‘‘Fund of a Fund to purchase a security in an requested from section 22(e). In the Funds Sub-Adviser’’). Any Fund of offering of securities during the event of such an in-kind redemption, Funds Adviser or Fund of Funds Sub- existence of an underwriting or selling the Feeder Fund would make a Adviser will be registered or not subject syndicate of which a principal corresponding redemption from the to registration under the Advisers Act. underwriter is an Underwriting Affiliate Master Fund. Applicants do not believe Each Investing Trust will have a sponsor (‘‘Affiliated Underwriting’’). An the master-feeder structure would have (‘‘Sponsor’’). ‘‘Underwriting Affiliate’’ is a principal any impact on the delivery cycle. 13. Applicants submit that the underwriter in any underwriting or Section 12(d)(1) proposed conditions to the requested selling syndicate that is an officer, relief adequately address the concerns director, member of an advisory board, 10. Section 12(d)(1)(A) of the Act, in Fund of Funds Adviser, Fund of Funds relevant part, prohibits a registered underlying the limits in section 12(d)(1)(A) and (B), which include Fund Sub-Adviser, employee or investment company from acquiring Sponsor of the Fund of Funds, or a securities of an investment company if concerns about undue influence by a fund of funds over underlying funds, person of which any such officer, such securities represent more than 3% director, member of an advisory board, excessive layering of fees and overly of the total outstanding voting stock of Fund of Funds Adviser, Fund of Funds complex fund structures. Applicants the acquired company, more than 5% of Sub-Adviser, employee or Sponsor is an believe that the requested exemption is the total assets of the acquiring affiliated person (except that any person consistent with the public interest and company, or, together with the whose relationship to the Fund is the protection of investors. securities of any other investment covered by section 10(f) of the Act is not 14. Applicants believe that neither the an Underwriting Affiliate). 24 Applicants acknowledge that relief obtained Fund of Funds nor any Fund of Funds 15. Applicants do not believe that the from the requirements of section 22(e) will not Affiliate would be able to exert undue proposed arrangement involves affect any obligations applicants may have under influence over the Funds or any Fund rule 15c6–1 under the Exchange Act. Rule 15c6–1 26 requires that most securities transactions be settled Affiliates. To limit the control that a controlled by, or under common control with any within three business days of the trade date. of those entities. A ‘‘Fund Affiliate’’ is the 25 The requested exemption from Section 22(e) 26 A ‘‘Fund of Funds Affiliate’’ is the Fund of investment adviser, promoter, or principal would only apply to in-kind redemptions by the Funds Adviser, Fund of Funds Sub-Adviser, underwriter of a Fund and any person controlling, Feeder Funds and would not apply to in-kind Sponsor, promoter, and principal underwriter of a controlled by or under common control with any redemptions by other feeder funds. Fund of Funds, and any person controlling, of those entities.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14373

excessive layering of fees. The board of of Shares by a Fund of Funds. To the policies of a company. It also provides directors or trustees of any Investing extent that a Fund of Funds purchases that a control relationship will be Management Company, including a Shares in the secondary market, a Fund presumed where one person owns more majority of the disinterested directors or would still retain its ability to reject than 25% of a company’s voting trustees, will find that the advisory fees initial purchases of Shares made in securities. The Funds may be deemed to charged under the contract are based on reliance on the requested order by be controlled by the Adviser and hence services provided that will be in declining to enter into the FOF affiliated persons of each other. In addition to, rather than duplicative of, Participation Agreement prior to any addition, the Funds may be deemed to services provided under the advisory investment by a Fund of Funds in be under common control with any contract of any Fund (or its respective excess of the limits of section other registered investment company (or Master Fund) in which the Acquiring 12(d)(1)(A). series thereof) advised by the Adviser Management Company may invest. In 19. Applicants also are seeking the (an ‘‘Affiliated Fund’’). addition, under condition B.5, a Fund of Master-Feeder Relief to permit the 21. Applicants request an exemption Funds Adviser or a Fund of Funds’ Feeder Funds to perform creations and from section 17(a) of the Act pursuant trustee or Sponsor, as applicable, will redemptions of Shares in-kind in a to sections 17(b) and 6(c) of the Act to waive fees otherwise payable to it by the master-feeder structure. Applicants permit persons to effectuate in-kind Fund of Funds in an amount at least assert that this structure is substantially purchases and redemptions with a Fund equal to any compensation (including identical to traditional master-feeder when they are affiliated persons or fees received pursuant to any plan structures permitted pursuant to the second-tier affiliates of the Fund solely adopted by a Fund under rule 12b–1 exception provided in section by virtue of one or more of the under the Act) received from a Fund by 12(d)(1)(E) of the Act. Section following: (a) Holding 5% or more, or the Fund of Funds Adviser, trustee or 12(d)(1)(E) provides that the percentage more than 25%, of the outstanding Sponsor or an affiliated person of the limitations of sections 12(d)(1)(A) and Shares of one or more Funds; (b) having Fund of Funds Adviser, trustee or (B) will not apply to a security issued an affiliation with a person with an Sponsor, other than any advisory fees by an investment company (in this case, ownership interest described in (a); or paid to Fund of Funds Adviser, trustee the shares of the applicable Master (c) holding 5% or more, or more than or Sponsor or its affiliated person by a Fund) if, among other things, that 25%, of the shares of one or more Fund, in connection with the security is the only investment security Affiliated Funds. investment by the Fund of Funds in the held in the investing fund’s portfolio (in 22. Applicants assert that no useful Fund. Applicants state that any sales this case, the Feeder Fund’s portfolio). purpose would be served by prohibiting charges or service fees on shares of a Applicants believe the proposed master- these types of affiliated persons from Fund of Funds will not exceed the feeder structure complies with section acquiring or redeeming Creation Units limits applicable to a fund of funds set 12(d)(1)(E) because each Feeder Fund through in-kind transactions. Except as forth in NASD Conduct Rule 2830.27 will hold only investment securities described in Section II.K.2 of the 16. Applicants submit that the issued by its corresponding Master application, the Deposit Instruments requested 12(d)(1) Relief addresses Fund; however, the Feeder Funds may and Redemption Instruments will be the concerns over overly complex receive securities other than securities same for all purchasers and redeemers structures. Applicants note that a Fund of its corresponding Master Fund if a regardless of the their identity. The (or its respective Master Fund) will be Feeder Fund accepts an in-kind deposit procedures for both in-kind prohibited from acquiring securities of creation. To the extent that a Feeder purchases and in-kind redemptions of any investment company or company Fund may be deemed to be holding both Creation Units will be the same for all relying on section 3(c)(1) or 3(c)(7) of shares of the Master Fund and other purchases and redemptions, regardless the Act in excess of the limits contained securities, applicants request relief from of size or number. Deposit Instruments sections 12(d)(1)(A) and (B). The Feeder in section 12(d)(1)(A) of the Act, except and Redemption Instruments will be Funds would operate in compliance to the extent permitted by exemptive valued in the same manner as Portfolio with all other provisions of section relief from the Commission permitting Securities are valued for purposes of 12(d)(1)(E). the Fund (or its respective Master Fund) calculating NAV. Applicants submit to purchase shares of other investment Sections 17(a)(1) and (2) of the Act that, by using the same standards for companies for short-term cash 20. Section 17(a) of the Act generally valuing Portfolio Securities as are used management purposes or pursuant to prohibits an affiliated person of a for calculating in-kind redemptions or the Master-Feeder Relief. registered investment company, or an purchases, the Fund will ensure that its 17. To ensure that a Fund of Funds is affiliated person of such a person NAV will not be adversely affected by aware of the terms and conditions of the (‘‘second-tier affiliate’’), from selling any such transactions. Applicants also requested order, the Fund of Fund must security or other property to or believe that in-kind purchases and enter into an agreement with the acquiring any security or other property redemptions will not result in self- respective Fund (‘‘FOF Participation from the company. Section 2(a)(3) of the dealing or overreaching of the Fund. Agreement’’). The FOF Participation Act defines ‘‘affiliated person’’ of 23. Applicants also seek relief from Agreement will include an another person to include (a) any person section 17(a) to permit a Fund that is an acknowledgment from the Fund of directly or indirectly owning, affiliated person or second-tier affiliate Funds that it may rely on the order only controlling or holding with power to of a Fund of Funds to sell its Shares to to invest in the Funds and not in any vote 5% or more of the outstanding and redeem its Shares from a Fund of other investment company. voting securities of the other person, Funds, and to engage in the 18. Applicants also note that a Fund and (c) any person directly or indirectly accompanying in-kind transactions with 28 may choose to reject a direct purchase controlling, controlled by or under the Fund of Funds. Applicants state common control with the other person. 27 Any references to NASD Conduct Rule 2830 28 To the extent that purchases and sales of Shares include any successor or replacement rule to NASD Section 2(a)(9) of the Act defines control occur in the secondary market and not through Conduct Rule 2830 that may be adopted by the as the power to exercise a controlling principal transactions directly between a Fund of Financial Industry Regulatory Authority. influence over the management of Continued

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14374 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

that the terms of the proposed securities and on the same terms with outstanding voting securities of a Fund, transactions will be fair and reasonable respect to all investors. Finally, such the Fund of Funds’ Advisory Group or and will not involve overreaching. transactions would only occur as a the Fund of Funds’ Sub-Advisory Applicants note that any consideration result of, and to effectuate, a creation or Group, each in the aggregate, becomes a paid by a Fund of Funds for the redemption transaction between the holder of more than 25 percent of the purchase or redemption of Shares Feeder Fund and a third-party investor. outstanding voting securities of a Fund, directly from a Fund will be based on Applicants believe that the terms of the it will vote its Shares of the Fund in the the NAV of the Fund in accordance with proposed transactions are reasonable same proportion as the vote of all other policies and procedures set forth in the and fair and do not involve holders of the Fund’s Shares. This Fund’s registration statement.29 Further, overreaching on the part of any person condition does not apply to the Fund of as described in Section II.K.2 of the concerned and that the transactions are Funds’ Sub-Advisory Group with application, the Deposit Instruments consistent with the general purposes of respect to a Fund (or its respective and Redemption Instruments available the Act. Master Fund) for which the Fund of for a Fund will be the same for all Funds’ Sub-Adviser or a person purchasers and redeemers, respectively Applicants’ Conditions controlling, controlled by or under and will correspond pro rata to the Applicants agree that any order of the common control with the Fund of Fund’s Portfolio Securities, except as Commission granting the requested ETF Funds’ Sub-Adviser acts as the describe above. Applicants also state Relief will be subject to the following investment adviser within the meaning that the proposed transactions are conditions: of Section 2(a)(20)(A) of the Act. consistent with the general purposes of 2. No Fund of Funds or Fund of A. ETF Relief the Act and appropriate in the public Funds Affiliate will cause any existing interest. 1. The requested relief, other than the or potential investment by the Fund of 24. To the extent that a Fund operates Section 12(d)(1) relief and the Section Funds in a Fund to influence the terms in a master-feeder structure, applicants 17 relief related to a master-feeder of any services or transactions between also request relief permitting the Feeder structure, will expire on the effective the Fund of Funds or Fund of Funds Funds to engage in in-kind creations date of any Commission rule under the Affiliate and the Fund (or its respective and redemptions with the applicable Act that provides relief permitting the Master Fund) or a Fund Affiliate. Master Fund. Applicants state that the operation of index-based ETFs. 3. The board of directors or trustees of customary section 17(a)(1) and 17(a)(2) 2. As long as a Fund operates in an Investing Management Company, relief would not be sufficient to permit reliance on the Order, the Shares of including a majority of the non- such transactions because the Feeder such Fund will be listed on an interested directors or trustees, will Funds and the applicable Master Fund Exchange. adopt procedures reasonably designed could also be affiliated by virtue of 3. No Fund will be advertised or to ensure that the Fund of Funds having the same investment adviser. marketed as an open-end investment Adviser and Fund of Funds Sub-Adviser However, applicants believe that in- company or mutual fund. Any are conducting the investment program kind creations and redemptions advertising material that describes the of the Investing Management Company between a Feeder Fund and a Master purchase or sale of Creation Units or without taking into account any Fund advised by the same investment refers to redeemability will prominently consideration received by the Investing adviser do not involve ‘‘overreaching’’ disclose that Shares are not individually Management Company or a Fund of by an affiliated person. Such redeemable and that owners of Shares Funds Affiliate from a Fund (or its transactions will occur only at the may acquire those Shares from the Fund respective Master Fund) or Fund Feeder Fund’s proportionate share of and tender those Shares for redemption Affiliate in connection with any services the Master Fund’s net assets, and the to a Fund in Creation Units only. or transactions. distributed securities will be valued in 4. The Web site for the Funds, which 4. Once an investment by a Fund of the same manner as they are valued for is and will be publicly accessible at no Funds in the securities of a Fund the purposes of calculating the charge, will contain, on a per Share exceeds the limit in Section applicable Master Fund’s NAV. Further, basis for each Fund, the prior Business 12(d)(1)(A)(i) of the Act, the board of all such transactions will be effected Day’s NAV and the market closing price directors (‘‘Board’’) of the Fund (or its with respect to pre-determined or the Bid/Ask Price, and a calculation respective Master Fund), including a of the premium or discount of the majority of the non-interested directors Funds and a Fund, relief from section 17(a) would market closing price or Bid/Ask Price or trustees, will determine that any not be necessary. However, the requested relief against such NAV. consideration paid by the Fund (or its would apply to direct sales of Shares in Creation respective Master Fund) to the Fund of Units by a Fund to a Fund of Funds and B. Section 12(d)(1) Relief Funds or a Fund of Funds Affiliate in redemptions of those Shares. The requested relief also is intended to cover the in-kind transactions Applicants agree that any order of the connection with any services or that may accompany such sales and redemptions. Commission granting the requested transactions: (i) Is fair and reasonable in Applicants are not seeking relief from section 17(a) 12(d)(1) Relief will be subject to the relation to the nature and quality of the for, and the requested relief will not apply to, following conditions: services and benefits received by the transactions where a Fund could be deemed an affiliated person or second-tier affiliate of a Fund 1. The members of a Fund of Funds’ Fund (or its respective Master Fund); (ii) of Funds because the Adviser provides investment Advisory Group will not control is within the range of consideration that advisory services to the Fund of Funds. (individually or in the aggregate) a Fund the Fund (or its respective Master Fund) 29 Applicants acknowledge that receipt of (or its respective Master Fund) within would be required to pay to another compensation by (a) an affiliated person of a Fund of Funds, or an affiliated person of such person, for the meaning of Section 2(a)(9) of the unaffiliated entity in connection with the purchase by the Fund of Funds of Shares or (b) Act. The members of a Fund of Funds’ the same services or transactions; and an affiliated person of a Fund, or an affiliated Sub-Advisory Group will not control (iii) does not involve overreaching on person of such person, for the sale by the Fund of (individually or in the aggregate) a Fund the part of any person concerned. This its Shares to a Fund of Funds may be prohibited by section 17(e)(1) of the Act. The FOF (or its respective Master Fund) within condition does not apply with respect to Participation Agreement also will include this the meaning of Section 2(a)(9) of the any services or transactions between a acknowledgment. Act. If, as a result of a decrease in the Fund (or its respective Master Fund)

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14375

and its investment adviser(s), or any purchases were influenced by the list of the names of each Fund of Funds person controlling, controlled by or investment by the Fund of Funds in the Affiliate and Underwriting Affiliate. The under common control with such Fund. The Board will consider, among Fund of Funds will notify the Fund of investment adviser(s). other things: (i) Whether the purchases any changes to the list of the names as 5. The Fund of Funds Adviser, or were consistent with the investment soon as reasonably practicable after a trustee or Sponsor of an Investing Trust, objectives and policies of the Fund (or change occurs. The Fund and the Fund as applicable, will waive fees otherwise its respective Master Fund); (ii) how the of Funds will maintain and preserve a payable to it by the Fund of Funds in performance of securities purchased in copy of the Order, the FOF Participation an amount at least equal to any an Affiliated Underwriting compares to Agreement, and the list with any compensation (including fees received the performance of comparable updated information for the duration of pursuant to any plan adopted by a Fund securities purchased during a the investment and for a period of not (or its respective Master Fund) under comparable period of time in Rule 12b–1 under the Act) received underwritings other than Affiliated less than six years thereafter, the first from a Fund (or its respective Master Underwritings or to a benchmark such two years in an easily accessible place. Fund) by the Fund of Funds Adviser, or as a comparable market index; and (iii) 10. Before approving any advisory trustee or Sponsor of the Investing whether the amount of securities contract under Section 15 of the Act, the Trust, or an affiliated person of the purchased by the Fund (or its respective board of directors or trustees of each Fund of Funds Adviser, or trustee or Master Fund) in Affiliated Investing Management Company, Sponsor of the Investing Trust, other Underwritings and the amount including a majority of the non- than any advisory fees paid to the Fund purchased directly from an interested directors or trustees, will find of Funds Adviser, Trustee or Sponsor of Underwriting Affiliate have changed that the advisory fees charged under an Investing Trust, or its affiliated significantly from prior years. The such contract are based on services person by the Fund (or its respective Board will take any appropriate actions provided that will be in addition to, Master Fund), in connection with the based on its review, including, if rather than duplicative of, the services investment by the Fund of Funds in the appropriate, the institution of provided under the advisory contract(s) Fund. Any Fund of Funds Sub-Adviser procedures designed to ensure that of any Fund (or its respective Master will waive fees otherwise payable to the purchases of securities in Affiliated Fund of Funds Sub-Adviser, directly or Underwritings are in the best interest of Fund) in which the Investing indirectly, by the Investing Management shareholders of the Fund. Management Company may invest. Company in an amount at least equal to 8. Each Fund (or its respective Master These findings and their basis will be any compensation received from a Fund Fund) will maintain and preserve fully recorded in the minute books of (or its respective Master Fund) by the permanently in an easily accessible the appropriate Investing Management Fund of Funds Sub-Adviser, or an place a written copy of the procedures Company. affiliated person of the Fund of Funds described in the preceding condition, 11. Any sales charges and/or service Sub-Adviser, other than any advisory and any modifications to such fees charged with respect to shares of a fees paid to the Fund of Funds Sub- procedures, and will maintain and Fund of Funds will not exceed the Adviser or its affiliated person by the preserve for a period of not less than six limits applicable to a fund of funds as Fund (or its respective Master Fund), in years from the end of the fiscal year in set forth in NASD Conduct Rule 2830. connection with the investment by the which any purchase in an Affiliated Investing Management Company in the Underwriting occurred, the first two 12. No Fund (or its respective Master Fund made at the direction of the Fund years in an easily accessible place, a Fund) will acquire securities of an of Funds Sub-Adviser. In the event that written record of each purchase of investment company or company the Fund of Funds Sub-Adviser waives securities in Affiliated Underwritings relying on Section 3(c)(1) or 3(c)(7) of fees, the benefit of the waiver will be once an investment by a Fund of Funds the Act in excess of the limits contained passed through to the Investing in the securities of the Fund exceeds the in Section 12(d)(1)(A) of the Act, except Management Company. limit of Section 12(d)(1)(A)(i) of the Act, to the extent (i) the Fund (or its 6. No Fund of Funds or Fund of setting forth from whom the securities respective Master Fund) acquires Funds Affiliate (except to the extent it were acquired, the identity of the securities of another investment is acting in its capacity as an investment underwriting syndicate’s members, the company pursuant to exemptive relief adviser to a Fund (or its respective terms of the purchase, and the from the Commission permitting the Master Fund)) will cause a Fund (or its information or materials upon which Fund (or its respective Master Fund) to respective Master Fund) to purchase a the Board’s determinations were made. acquire securities of one or more security in any Affiliated Underwriting. 9. Before investing in a Fund in investment companies for short-term 7. The Board of a Fund (or its excess of the limits in Section cash management purposes or (ii) the respective Master Fund), including a 12(d)(1)(A), a Fund of Funds and the majority of the non-interested Board Trust will execute a FOF Participation Fund acquires securities of the Master members, will adopt procedures Agreement stating without limitation Fund pursuant to the Master-Feeder reasonably designed to monitor any that their respective boards of directors Relief. purchases of securities by the Fund (or or trustees and their investment For the Commission, by the Division of its respective Master Fund) in an advisers, or trustee and Sponsor, as Investment Management, under delegated Affiliated Underwriting, once an applicable, understand the terms and authority. investment by a Fund of Funds in the conditions of the Order, and agree to Kevin M. O’Neill, securities of the Fund exceeds the limit fulfill their responsibilities under the Deputy Secretary. of Section 12(d)(1)(A)(i) of the Act, Order. At the time of its investment in including any purchases made directly Shares of a Fund in excess of the limit [FR Doc. 2013–05012 Filed 3–4–13; 8:45 am] from an Underwriting Affiliate. The in Section 12(d)(1)(A)(i), a Fund of BILLING CODE 8011–01–P Board will review these purchases Funds will notify the Fund of the periodically, but no less frequently than investment. At such time, the Fund of annually, to determine whether the Funds will also transmit to the Fund a

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14376 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

SECURITIES AND EXCHANGE 20 stocks on which options are sold are the arbitrageurs’ ability to create COMMISSION those 20 stocks from a selection of the workable hedges; largest capitalized (over $5 billion in • The Fund will invest solely in [Release No. 34–68995; File No. TP 13–04] market capitalization) stocks which also liquid securities; • The Fund will invest in securities Order Granting Limited Exemptions have listed options and which have the that will facilitate an effective and From Exchange Act Rule 10b–17 and highest volatility, as determined by the efficient arbitrage mechanism and the Rules 101 and 102 of Regulation M to index provider, the NYSE Arca, Inc. The Requestors represent, among ability to create workable hedges; and ALPS ETF Trust and U.S. Equity High • other things, the following: The Requestors believe that Volatility Put Write Index Fund • arbitrageurs are expected to take Pursuant to Exchange Act Rule 10b– Shares of the Fund will be issued by the Trust, an open-end management advantage of price variations between 17(b)(2) and Rule 101(d) and 102(e) of the Fund’s market price and its NAV. Regulation M investment company that is registered with the Commission; Regulation M February 27, 2013. • The Trust will continuously redeem While redeemable securities issued by By letter dated February 27, 2013 (the Creation Units at net asset value an open-end management investment ‘‘Letter’’), as supplemented by (‘‘NAV’’) and the secondary market company are excepted from the conversations with the staff of the price of the Shares should not vary provisions of Rule 101 and 102 of Division of Trading and Markets, substantially from the NAV of such Regulation M, the Requestors may not counsel for ALPS ETF Trust (the Shares; rely upon that exception for the Shares.2 ‘‘Trust’’) on behalf of the Trust, the U.S. • Shares of the Fund will be listed Equity High Volatility Put Write Index and traded on a national securities Rule 101 of Regulation M exchange or national securities Fund (the ‘‘Fund’’), any national Generally, Rule 101 of Regulation M association (each being an ‘‘Exchange’’); securities exchange or association on or is an anti-manipulation rule that, • The Fund will hold 20 or more through which shares issued by the subject to certain exceptions, prohibits portfolio securities with no one Fund (‘‘Shares’’) may subsequently any ‘‘distribution participant’’ and its portfolio security constituting more than trade, and persons or entities engaging ‘‘affiliated purchasers’’ from bidding for, 25% of the Fund; in transactions in Shares (collectively, purchasing, or attempting to induce any • The Fund will be managed to track the ‘‘Requestors’’) requested person to bid for or purchase any a particular index, all the components of exemptions, or interpretive or no-action security which is the subject of a which have publicly available last sale relief, from Rule 10b–17 of the distribution until after the applicable trade information; Securities Exchange Act of 1934, as restricted period, except as specifically • The intra-day indicative value of amended (‘‘Exchange Act’’) and Rules permitted in the rule. Rule 100 of the Fund per share and the value of the 101 and 102 of Regulation M in Regulation M defines ‘‘distribution’’ to Index will be publicly disseminated by connection with secondary market mean any offering of securities that is a major market data vendor throughout transactions in Shares and the creation distinguished from ordinary trading the trading day; or redemption of aggregations of at least • transactions by the magnitude of the 100,000 Shares (‘‘Creation Units’’). On each business day before commencement of trading in Shares on offering and the presence of special The Trust was organized on selling efforts and selling methods. The September 13, 2007, as a Delaware the Exchange, the Fund will disclose on its Web site the identities and quantities provisions of Rule 101 of Regulation M business trust. The Trust is registered apply to underwriters, prospective with the Commission under the of the Fund’s options positions as well as the Treasury bills and other cash underwriters, brokers, dealers, and other Investment Company Act of 1940, as persons who have agreed to participate amended (‘‘1940 Act’’), as an open-end instruments held by the Fund that will form the basis for the calculation of the or are participating in a distribution of management investment company. The securities. The Shares are in a Trust currently consists of Fund’s NAV at the end of the business day; continuous distribution and, as such, approximately ten investment series or • the restricted period in which portfolios. The Requestors request relief The Exchange or other market information provider will disseminate distribution participants and their related to the Fund, a newly created affiliated purchasers are prohibited from series of the Trust. The Fund’s every 15 seconds throughout the trading day through the facilities of the bidding for, purchasing, or attempting to investment objective is to seek induce others to bid for or purchase investment results that correspond Consolidated Tape Association an amount representing on a per-share extends indefinitely. generally to the performance, before the Based on the representations and facts Fund’s fees and expenses, of an index basis, the current value of the cash to be deposited as consideration for the presented in the Letter, particularly that called the NYSE Arca U.S. Equity High the Trust is a registered open-end Volatility Put Write Index (the ‘‘Index’’). purchase of Creation Units; • The arbitrage mechanism will be management investment company that The Index is an index that measures the will continuously redeem at the NAV return of a hypothetical portfolio facilitated by the transparency of the Fund’s portfolio and the availability of Creation Unit size aggregations of the consisting of exchange-traded put Shares of the Fund and that a close options which have been sold on each the intra-day indicative value, the liquidity of securities and other assets alignment between the market price of of 20 stocks and a cash position.1 The held by the Funds, the ability to access Shares and the Fund’s NAV is expected, the options sold by the Fund, as well as the Commission finds that it is 1 The cash position starts at a base of 1000. The appropriate in the public interest, and cash position is increased by options premiums generated by the options positions comprising the cash position is also decreased by a deemed cash consistent with the protection of Index and interest on the cash position at an annual distribution paid following each 60-day period, rate equal to the three-month Treasury-bill rate. The currently targeted at the rate of 1.5% of the value 2 ETFs operate under exemptions from the cash position is decreased by cash settlement on of the Index. However, if the options premiums definitions of ‘‘open-end company’’ under Section options which finish in-the-money (i.e., where the generated during the period are less than 1.5%, the 5(a)(1) of the 1940 Act and ‘‘redeemable security’’ closing price of the underlying stock at the end of deemed distribution will be reduced by the amount under Section 2(a)(32) of the 1940 Act. The ETFs the 60-day period is below the strike price). The of the shortfall. and their securities do not meet those definitions.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14377

investors, to grant the Trust an find that it is appropriate in the public for compliance with these and any other exemption from Rule 101 of Regulation interest, and consistent with the applicable provisions of the federal M, pursuant to paragraph (d) of Rule protection of investors, to grant the securities laws must rest with the 101 of Regulation M, with respect to the Trust a conditional exemption from persons relying on this exemption. This Fund, thus permitting persons who may Rule 10b–17. order should not be considered a view be deemed to be participating in a with respect to any other question that Conclusion distribution of Shares of the Fund to bid the proposed transactions may raise, for or purchase such Shares during their It is hereby ordered, pursuant to Rule including, but not limited to the participation in such distribution.3 101(d) of Regulation M, that the Trust is adequacy of the disclosure concerning, exempt from the requirements of Rules and the applicability of other federal or Rule 102 of Regulation M 101 with respect to the Fund, thus state laws to, the proposed transactions. Rule 102 of Regulation M prohibits permitting persons who may be deemed For the Commission, by the Division of issuers, selling security holders, and any to be participating in a distribution of Trading and Markets, pursuant to delegated affiliated purchaser of such person from Shares of the Fund to bid for or authority.5 bidding for, purchasing, or attempting to purchase such Shares during their Kevin M. O’Neill, induce any person to bid for or purchase participation in such distribution as Deputy Secretary. a covered security during the applicable described in its letter dated February 27, restricted period in connection with a 2013. [FR Doc. 2013–04990 Filed 3–4–13; 8:45 am] distribution of securities effected by or It is further ordered, pursuant to Rule BILLING CODE 8011–01–P on behalf of an issuer or selling security 102(e) of Regulation M, that the Trust is holder. exempt from the requirements of Rule SECURITIES AND EXCHANGE Based on the representations and facts 102 with respect to the Fund, thus COMMISSION presented in the Letter, particularly that permitting the Fund to redeem Shares of the Trust is a registered open-end the Fund during the continuous offering Sunshine Act Meetings management investment company that of such Shares as described in its letter will redeem at the NAV Creation Units dated February 27, 2013. Notice is hereby given, pursuant to of Shares of the Fund and that a close It is further ordered, pursuant to Rule the provisions of the Government in the alignment between the market price of 10b–17(b)(2), that the Trust, subject to Sunshine Act, Public Law 94–409, that Shares and the Fund’s NAV is expected, the conditions contained in this order, the Securities and Exchange the Commission finds that it is is exempt from the requirements of Rule Commission will hold a Closed Meeting appropriate in the public interest, and 10b–17 with respect to transactions in on Thursday, March 7, 2013 at 2:00 p.m. consistent with the protection of the Shares of the Fund as described in Commissioners, Counsel to the investors, to grant the Trust an its letter dated February 27, 2013. Commissioners, the Secretary to the exemption from Rule 102 of Regulation This exemption from Rule 10b–17 is Commission, and recording secretaries M, pursuant to paragraph (e) of Rule 102 subject to the following conditions: will attend the Closed Meeting. Certain • of Regulation M, with respect to the The Trust will comply with Rule staff members who have an interest in Fund, thus permitting the Fund to 10b–17 except for Rule 10b– the matters also may be present. redeem Shares of the Fund during the 17(b)(1)(v)(a) and (b); and • The General Counsel of the continuous offering of such Shares. The Trust will provide the Commission, or his designee, has information required by Rule 10b– Rule 10b–17 certified that, in his opinion, one or 17(b)(1)(v)(a) and (b) to the Exchange as more of the exemptions set forth in 5 Rule 10b–17, with certain exceptions, soon as practicable before trading begins U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) requires an issuer of a class of publicly on the ex-dividend date, but in no event and 17 CFR 200.402(a)(3), (5), (7), 9(ii) traded securities to give notice of certain later than the time when the Exchange and (10), permit consideration of the specified actions (for example, a last accepts information relating to scheduled matters at the Closed dividend distribution) relating to such distributions on the day before the ex- Meeting. class of securities in accordance with dividend date. Commissioner Aguilar, as duty Rule 10b–17(b). Based on the This exemption is subject to officer, voted to consider the items representations and facts in the Letter, modification or revocation at any time listed for the Closed Meeting in a closed in particular that the concerns that the the Commission determines that such session. action is necessary or appropriate in Commission raised in adopting Rule The subject matter of the Closed furtherance of the purposes of the 10b–17 generally will not be implicated Meeting will be: Exchange Act. Persons relying upon this if exemptive relief, subject to the institution and settlement of exemption shall discontinue conditions below, is granted to the Trust injunctive actions; because market participants will receive transactions involving the Shares of the Fund under the circumstances institution and settlement of timely notification of the existence and administrative proceedings; and timing of a pending distribution,4 we described above and in the Letter in the event that any material change occurs other matters relating to enforcement proceedings. 3 Additionally, we confirm the interpretation that with respect to any of the facts a redemption of Creation Unit size aggregations of presented or representations made by At times, changes in Commission Shares of the Fund and the receipt of securities in the Requestors. In addition, persons priorities require alterations in the exchange by a participant in a distribution of Shares scheduling of meeting items. of the Fund would not constitute an ‘‘attempt to relying on this exemption are directed induce any person to bid for or purchase, a covered to the anti-fraud and anti-manipulation For further information and to security during the applicable restricted period’’ provisions of the Exchange Act, ascertain what, if any, matters have been within the meaning of Rule 101 of Regulation M particularly Sections 9(a) and 10(b), and added, deleted or postponed, please and therefore would not violate that rule. Rule 10b–5 thereunder. Responsibility contact the Office of the Secretary at 4 We also note that timely compliance with Rule (202) 551–5400. 10b–17(b)(1)(v)(a) and (b) would be impractical in light of the nature of the Fund. This is because it days in advance what dividend, if any, would be is not possible for the Fund to accurately project ten paid on a particular record date. 5 17 CFR 200.30–3(a)(6) and (9).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14378 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Dated: February 28, 2013. the Exchange, and at the Commission’s Traders predominantly execute Elizabeth M. Murphy, Public Reference Room. transactions in options on cotton futures. The IFUS Traders, collectively, Secretary. II. Self-Regulatory Organization’s transact less than 5% of average daily [FR Doc. 2013–05089 Filed 3–1–13; 11:15 am] Statement of the Purpose of, and IFUS volume excluding IFUS energy BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule contracts (which account for Change approximately 83% of IFUS’s daily SECURITIES AND EXCHANGE In its filing with the Commission, the volume) 7 and a fraction of 1% of the COMMISSION self-regulatory organization included total average daily IFUS volume (which statements concerning the purpose of, includes the energy contracts transacted and basis for, the proposed rule change on IFUS). The IFUS Traders do not [Release No. 34–68996; File No. SR–NYSE– and discussed any comments it received 2013–13] engage in trading in equity securities or on the proposed rule change. The text securities options through IFUS. Self-Regulatory Organizations; New of those statements may be examined at Further, six of the forty IFUS Traders York Stock Exchange LLC; Notice of the places specified in Item IV below. engage in proprietary-only trading while Filing and Immediate Effectiveness of The Exchange has prepared summaries, the rest execute customer orders 8 in Proposed Rule Change Relocating set forth in sections A, B, and C below, addition to proprietary trading. IFUS Certain Futures and Options Trading of the most significant parts of such customer orders may be accepted by Conducted on ICE Futures U.S. From statements. telephone or electronically; however, Rented Space at the New York A. Self-Regulatory Organization’s the IFUS Traders cannot verbally Mercantile Exchange to the Statement of the Purpose of, and the discuss orders or transactions with each Exchange’s Facilities at 20 Broad Statutory Basis for, the Proposed Rule other while on the trading floor. Street and Amending NYSE Rule 6A, Change Communications between traders on the Which Defines the Terms ‘‘Trading floor must be made via instant message, Floor’’ and ‘‘NYSE Amex Options 1. Purpose email, or recorded telephone line. Order Trading Floor’’ The Exchange proposes to make tickets are prepared and time-stamped trading space at 20 Broad Street, for each customer order, and IFUS, as it February 27, 2013. commonly known as the ‘‘Blue Room’’, does today, would have a compliance Pursuant to Section 19(b)(1) 1 of the available to IFUS to accommodate officer from IFUS Market Regulation in Securities Exchange Act of 1934 (the electronic trading of certain futures and the Blue Room performing on-site ‘‘Act’’)2 and Rule 19b–4 thereunder,3 options contracts currently conducted surveillance on a regular basis. notice is hereby given that February 13, on IFUS in space rented from the The IFUS Traders will be sitting 2013, New York Stock Exchange LLC NYMEX. The arrangement would be together in dedicated space in the Blue (‘‘NYSE’’ or the ‘‘Exchange’’) filed with pursuant to an arms-length commercial Room. A small group of NYSE Floor the Securities and Exchange lease. IFUS’s lease on its NYMEX brokers, currently in the Blue Room, 9 Commission (the ‘‘Commission’’) the trading space expires in June 2013. The will have their booths nearby. Both the proposed rule change as described in Exchange notes that on December 20, space to be assigned to the IFUS Traders Items I, II, and III below, which Items 2012, Intercontinental Exchange, Inc. and the NYSE Floor broker booths have have been prepared by the self- (‘‘ICE’’) entered into a merger agreement privacy barriers consisting of eight foot regulatory organization. The to acquire the Exchange’s parent, NYSE walls which provide visual and sound Commission is publishing this notice to Euronext (the ‘‘Transaction’’). IFUS, a insulation to reduce the likelihood that solicit comments on the proposed rule wholly-owned subsidiary of ICE, trading screens can be viewed or change from interested persons. requested assistance in relocating its conversations overheard between firms remaining trading floor following and traders.10 Consequently, the I. Self-Regulatory Organization’s announcement of the Transaction. Exchange believes that the combination Statement of the Terms of Substance of IFUS trades its products exclusively of these visual and acoustical barriers, the Proposed Rule Change on an electronic trading platform and no coupled with the IFUS limitations on verbal communications related to an The Exchange proposes to relocate longer utilizes open outcry trading. order, substantially eliminate the risk certain futures and options trading Approximately 40 traders (the ‘‘IFUS 5 that either the IFUS Traders or NYSE conducted on ICE Futures U.S. Traders’’) currently utilize the IFUS Floor brokers could overhear each (‘‘IFUS’’) 4 from rented space at the New trading floor (along with a small group of clerical staff they employ) as a place York Mercantile Exchange (‘‘NYMEX’’) as broad-based indices. The Exchange understands, to the Exchange’s facilities at 20 Broad from which they may accept customer orders and execute electronic however, that the IFUS Traders primarily trade Street and amend NYSE Rule 6A, which Russell 2000 mini-contracts. defines the terms ‘‘Trading Floor’’ and transactions in IFUS contracts. The 7 In other words, the IFUS Traders transact less ‘‘NYSE Amex Options Trading Floor’’ IFUS Traders that are proposed to than 5% of the 17% of IFUS’s average daily volume relocate to the Blue Room can execute that is not related to energy contracts. (together, the ‘‘Proposal’’). The text of 8 Pursuant to the definition of the term ‘‘floor the proposed rule change is available on transactions electronically in all products listed for trading by the IFUS, broker’’ in Section 1a(22) of the Commodity the Exchange’s Web site at Exchange Act, the Floor Traders can only execute www.nyse.com, at the principal office of including futures and options on futures customer orders from a trading floor that is operated on cotton, frozen concentrated orange and supervised by a contract market such as IFUS. juice, coffee, sugar, cocoa, energy, 9 However, the Exchange expects to relocate the 1 15 U.S.C.78s(b)(1). NYSE Floor brokers to an area adjacent to the 2 15 U.S.C. 78a. foreign currencies, and certain Russell 6 Garage once certain ongoing renovations are 3 17 CFR 240.19b–4. Indices. However, most of the IFUS complete. 4 IFUS is a Designated Contract Market pursuant 10 The booths are approximately 40 feet long by to the Commodity Exchange Act, as amended, and 5 None of the IFUS Traders are members of the 10 feet wide. The barriers are eight feet high on both is regulated by the U.S. Commodity Futures Trading Exchange, NYSE MKT or NYSE Amex Options. sides except for the two gated and badge access Commission (‘‘CFTC’’). IFUS was formerly known 6 These include the Russell 2000, Russell 1000, entry and exit points at the front and back of the as the New York Board of Trade (‘‘NYBOT’’). and Russell Value and Growth, all of which qualify booth, which are four feet high.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14379

other’s customer orders or other NYSE MKT Equities Designated Market on the Exchange’s or IFUS’ authority to confidential trading information. Makers (‘‘DMMs’’) are located as well as bring a disciplinary action for violation Nonetheless, the names of the IFUS the NYSE Amex Options trading floor. of those rules. Traders will be provided to the Specifically, the IFUS Traders will be Financial Industry Regulatory Authority required to take the 18 Broad Street 2. Statutory Basis (‘‘FINRA’’) which conducts surveillance entrance elevator and enter the Trading The Exchange believes that the of the NYSE and NYSE MKT markets to Floor using the turnstile nearest the Proposal is consistent with the enable FINRA to more readily identify Blue Room. The Exchange will provisions of Section 6 of the Act,12 in any potentially violative trading by the periodically monitor badge swipes at 13 IFUS Traders.11 that turnstile. Moreover, the Exchange general, and Section 6(b)(5) of the Act, In light of the fact that the IFUS will install a security door requiring a in particular, in that it is designed to Traders do not trade any of the products badge swipe to enter and exit the prevent fraudulent and manipulative traded on NYSE, and the extremely physical area to be occupied by the acts and practices, to promote just and limited overlap in related products IFUS Traders. The IFUS Traders will equitable principles of trade, to foster traded by the IFUS Traders and on the also wear distinctive badges and trading cooperation and coordination with NYSE, as well as the very small volume jackets. NYSE Floor Governors and persons engaged in facilitating of predominantly cotton options FINRA’s On Floor Surveillance Unit transactions in securities, and to remove executed by the IFUS Traders, it is will be instructed to identify and impediments to and perfect the highly unlikely that any order handled promptly report violations of the mechanism of a free and open market by one of them could impact the price restriction on entering the Main Room and a national market system. The of any individual security traded on the to the IFUS Market Supervision officer. Exchange believes that the Proposal is Exchange. In this regard, the Exchange IFUS Traders entering the Main Room designed to remove impediments to and believes that the pricing correlation in violation of this restriction could face perfect the mechanism of a free and between order flow in IFUS products disciplinary action pursuant to IFUS open market and a national market and securities traded on NYSE is Rule 4.04, which prohibits conduct or system. The Exchange believes that the tenuous at most. Consequently, even if practices inconsistent with just and proposed rule change will permit the an NYSE Floor broker in the Blue Room equitable principles of trade or conduct Exchange to allow IFUS Traders to were to overhear the terms of an order detrimental to the best interests of IFUS. utilize space on the trading floor within handled by an IFUS Trader, or vice-a- The Exchange believes that these the existing regulatory framework at the versa, the likelihood that the restrictions are appropriate to prevent information could be used to benefit the IFUS Traders from having potential Exchange, to efficiently and effectively that trader’s or broker’s proprietary, access to any nonpublic information conduct business in their respective personal or other customer trading is that might be available at the DMM area consistent with maintaining extremely unlikely. This is also true booths. necessary distinctions between the two with respect to the Russell Index Based on the limited trading organizations. Moreover, the proposed products given their broad-based nature. conducted by the IFUS Traders, the rule changes will impose restrictions The Exchange believes that the same extremely limited overlap in products designed to prevent inappropriate considerations apply with respect to traded and the controls that will be put information sharing by and between NYSE MKT Equities, which operates on in place, the Exchange does not believe members and member firm employees the NYSE Trading floor, and NYSE that the proposed relocation of the IFUS on the Trading Floor of the Exchange Amex Options, which operates on a Traders to the Blue Room raises any and the IFUS Traders in the proposed trading floor that is adjacent to NYSE. regulatory concerns. IFUS Trading area. The Exchange Nonetheless, NYSE Floor brokers The Exchange also proposes to amend believes that updating the references in initiating trades based on confidential NYSE Rule 6A, which defines the term the Exchange rules to reflect the correct order information overheard from the ‘‘Trading Floor’’ to update the use of the Exchange Trading Floor may definition. NYSE Rule 6A provides that IFUS Traders would be subject to help eliminate potential confusion the term ‘‘Trading Floor’’ means the disciplinary action for violating NYSE among investors and other market rules, including NYSE Rules 2010 and restricted-access physical areas designated by the Exchange for the participants on the Exchange who may 2020, which require members and not be aware of which portion of the member organizations to observe high trading of securities, commonly known as the ‘‘Main Room’’ and the ‘‘Garage.’’ trading space will be used as the standards of commercial honor, to use Trading Floor. just and equitable principles of trade, NYSE Rule 6A further provides that the and prohibit the use of manipulative, Exchange’s Trading Floor does not B. Self-Regulatory Organization’s deceptive or fraudulent devices. include the areas where NYSE Amex- Statement on Burden on Competition Further, IFUS will issue a regulatory listed options are traded, commonly notice specifying the method IFUS known as the ‘‘Blue Room’’ and the The Exchange does not believe that Traders must use to access the Blue ‘‘Extended Blue Room,’’ which, for the the Proposal will impose any burden on Room and prohibiting the IFUS Traders purposes of the Exchange’s Rules, are competition that is not necessary or from entering the Main Room, where referred to as the ‘‘NYSE Amex Options appropriate in furtherance of the most of the NYSE and NYSE MKT Trading Floor.’’ purposes of the Act. The proposal is Equities Floor brokers and all NYSE and The Exchange proposes to amend designed to promote competition by NYSE Rule 6A to add ‘‘Blue Room’’ to providing the Exchange the additional the definition of ‘‘Trading Floor’’ and 11 Providing the names of the IFUS Traders to flexibility to maximize the use of its remove that term from the definition of FINRA will be for the purpose of regulatory trading floor space. information sharing. Neither the Exchange nor ‘‘NYSE Amex Options Trading Floor’’. FINRA will be responsible for regulating or The Exchange notes that the proposed surveilling the IFUS Traders’ activity and the IFUS Traders will not be subject to the Exchange’s rule change would not have an impact jurisdiction. Rather, the IFUS Traders will continue on the Exchange’s trading rules or the 12 15 U.S.C. 78f(b). to be regulated by IFUS as they are today. IFUS rules, nor would it have an impact 13 15 U.S.C. 78f(b)(4) and (5) [sic].

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14380 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

C. Self-Regulatory Organization’s Electronic Comments SECURITIES AND EXCHANGE Statement on Comments on the • COMMISSION Proposed Rule Change Received From Use the Commission’s Internet Members, Participants, or Others comment form (http://www.sec.gov/ [Release No. 34–69003; File No. SR–EDGX– rules/sro.shtml); or 2013–08] No written comments were solicited • Send an email to rule- or received with respect to the proposed Self-Regulatory Organizations; EDGX [email protected]. Please include File rule change. Exchange, Inc.; Notice of Filing and Number SR–NYSE–2013–13 on the Immediate Effectiveness of Proposed III. Date of Effectiveness of the subject line. Rule Change To Amend EDGX Rules Proposed Rule Change and Timing for Paper Comments 1.5, 11.5, 11.8, 11.9 and 11.14 in Commission Action Connection With the Implementation of • the National Market System Plan To The Exchange has filed the proposed Send paper comments in triplicate Address Extraordinary Market rule change pursuant to Section to Elizabeth M. Murphy, Secretary, Volatility 19(b)(3)(A)(iii) of the Act 14 and Rule Securities and Exchange Commission, 19b–4(f)(6) thereunder.15 Because the 100 F Street NE., Washington, DC February 27, 2013. 20549–1090. proposed rule change does not: (i) Pursuant to Section 19(b)(1) of the Significantly affect the protection of All submissions should refer to File Securities Exchange Act of 1934 (the investors or the public interest; (ii) Number SR–NYSE–2013–13. This file ‘‘Act’’),1 and Rule 19b–4 thereunder,2 impose any significant burden on number should be included on the notice is hereby given that on February competition; and (iii) become operative subject line if email is used. To help the 13, 2013, EDGX Exchange, Inc. (the prior to 30 days from the date on which Commission process and review your ‘‘Exchange’’ or ‘‘EDGX’’) filed with the it was filed, or such shorter time as the comments more efficiently, please use Securities and Exchange Commission Commission may designate, if only one method. The Commission will (‘‘Commission’’) the proposed rule consistent with the protection of post all comments on the Commission’s change as described in Items I and II investors and the public interest, the Internet Web site (http://www.sec.gov/ below, which items have been prepared proposed rule change has become by the self-regulatory organization. The effective pursuant to Section 19(b)(3)(A) rules/sro.shtml). Copies of the submission, all subsequent Commission is publishing this notice to of the Act and Rule 19b–4(f)(6)(iii) solicit comments on the proposed rule thereunder. amendments, all written statements with respect to the proposed rule change from interested persons. A proposed rule change filed under change that are filed with the I. Self-Regulatory Organization’s Rule 19b–4(f)(6)16 normally does not Commission, and all written Statement of the Terms of Substance of become operative prior to 30 days after communications relating to the the Proposed Rule Change the date of the filing. However, pursuant proposed rule change between the to Rule 19b4(f)(6)(iii),17 the Commission The Exchange proposes to amend may designate a shorter time if such Commission and any person, other than Rules 1.5, 11.5, 11.8, 11.9 and 11.14 action is consistent with the protection those that may be withheld from the regarding the implementation of the of investors and the public interest. public in accordance with the National Market System Plan to Address provisions of 5 U.S.C. 552, will be At any time within 60 days of the Extraordinary Market Volatility (as available for Web site viewing and amended, the ‘‘Plan’’) as approved by filing of such proposed rule change, the printing in the Commission’s Public Commission summarily may the Securities and Exchange Reference Section, 100 F Street NE., 3 temporarily suspend such rule change if Commission. All of the changes Washington, DC 20549–1090, on official it appears to the Commission that such described herein are applicable to EDGX business days between the hours of action is necessary or appropriate in the Members. The text of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the public interest, for the protection of change is available on the Exchange’s filing will also be available for investors, or otherwise in furtherance of Internet Web site at the purposes of the Act. If the inspection and copying at the NYSE’s www.directedge.com, at the Exchange’s Commission takes such action, the principal office and on its Internet Web principal office, on the Commission’s Commission shall institute proceedings site at www.nyse.com. All comments Internet Web site at www.sec.gov, and at under Section 19(b)(2)(B) 18 of the Act to received will be posted without change; the Commission’s Public Reference determine whether the proposed rule the Commission does not edit personal Room. identifying information from change should be approved or II. Self-Regulatory Organization’s submissions. You should submit only disapproved. Statement of the Purpose of, and information that you wish to make IV. Solicitation of Comments Statutory Basis for, the Proposed Rule available publicly. All submissions Change should refer to File Number SR–NYSE– Interested persons are invited to In its filing with the Commission, the submit written data, views, and 2013–13 and should be submitted on or before March 26, 2013. self-regulatory organization included arguments concerning the foregoing, statements concerning the purpose of, including whether the proposed rule For the Commission, by the Division of and basis for, the proposed rule change change is consistent with the Act. Trading and Markets, pursuant to delegated 19 and discussed any comments it received Comments may be submitted by any of authority. on the proposed rule change. The text the following methods: Kevin M. O’Neill, of these statements may be examined at Deputy Secretary. 14 15 U.S.C. 78s(b)(3)(A)(iii). [FR Doc. 2013–05019 Filed 3–4–13; 8:45 am] 1 15 U.S.C. 78s(b)(1). 15 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P 16 17 CFR 240.19b–4(f)(6). 3 See Securities Exchange Release No. 67091 (May 17 17 CFR 240.19b–4(f)(6)(iii). 31, 2012), 77 FR 33498 (June 6, 2012) (approving 18 15 U.S.C. 78s(b)(2)(B). 19 17 CFR 200.30–3(a)(12). the Plan on a pilot basis).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14381

the places specified in Item IV below. responsible for consolidation of prevent trades at prices outside the The self-regulatory organization has information for an NMS Stock pursuant Price Bands, with the exception of prepared summaries, set forth in to Rule 603(b) of Regulation NMS under single-priced opening, reopening, and sections A, B and C below, of the most the Act.8 The Price Bands would be closing transactions on the primary significant aspects of such statements. based on a Reference Price 9 that equals listing exchange. the arithmetic mean price of Eligible In connection with the upcoming A. Self-Regulatory Organization’s 10 Statement of the Purpose of, and the Reported Transactions for the NMS implementation of the Plan on April 8, Statutory Basis for, the Proposed Rule Stock over the immediately preceding 2013, the Exchange proposes to amend Change five-minute period. The Price Bands for the following rules: an NMS Stock would be calculated by 1. Purpose applying the Percentage Parameter 11 for Order Execution (Rule 11.9) EDGX proposes to amend Rules 1.5, such NMS Stock to the Reference Price, with the Lower Price Band being a The Exchange proposes to re-organize 11.5, 11.8, 11.9 and 11.14 in connection Rule 11.9 so that matters relevant to with the implementation of the Plan. Percentage Parameter below the Reference Price, and the Upper Price order execution would be covered in Background Band being a Percentage Parameter Rule 11.9(a), while matters relevant to On April 5, 2011, NYSE Euronext, on above the Reference Price. Between 9:30 order routing would be covered in Rule behalf of the New York Stock Exchange a.m. and 9:45 a.m. ET and 3:35 p.m. and 11.9(b). Rules 11.9(a) and (b) would be LLC (‘‘NYSE’’), NYSE Amex LLC, and 4:00 p.m. ET, the Price Bands would be structured so that each would contain NYSE Arca, Inc. (‘‘Arca’’), and the calculated by applying double the subsections that would describe the following parties to the Plan: BATS Percentage Parameters. manner by which execution and routing Exchange, Inc., BATS Y-Exchange, Inc. Under the Plan, the Exchange is would be affected by the Plan, among (together, ‘‘BATS’’), Chicago Board required to establish, maintain, and other regulations. The Exchange Options Exchange, Incorporated, enforce written policies and procedures proposes to add Rule 11.9(a)(3) that Chicago Stock Exchange, Inc., EDGX, reasonably designed to prevent the would provide particular details with EDGA Exchange, Inc., Financial display of offers below the Lower Price regard to how the Plan would modify Industry Regulatory Authority, Inc., Band and bids above the Upper Price order behavior on the Exchange. NASDAQ OMX BX, Inc., NASDAQ Band for an NMS Stock. The Processors Proposed Rule 11.9(a)(3) and its OMX PHLX LLC, the Nasdaq Stock would disseminate an offer below the subparagraphs are described below. Market LLC, and National Stock Lower Price Band or bid above the Compliance With the Plan Exchange, Inc. (collectively with NYSE, Upper Price Band that nevertheless NYSE MKT, and Arca, the inadvertently may be submitted despite The Exchange proposes to add Rule ‘‘Participants’’), filed with the such reasonable policies and 11.9(a)(3), which would state that, Commission pursuant to Section 11A of procedures, but with an appropriate flag except as provided in Section VI of the the Securities Exchange Act of 1934 identifying it as non-executable; such Plan,12 for any executions to occur (‘‘Act’’),4 and Rule 608 thereunder,5 the bid or offer would not be included in during Regular Trading Hours, such Plan to create a market-wide limit up- National Best Bid (‘‘NBB’’) or National executions must occur at a price that is limit down (‘‘LULD’’) mechanism that is Best Offer (‘‘NBO’’ and, together with greater than or equal to the Lower Price intended to address extraordinary the NBB, the ‘‘NBBO’’) calculations. In Band and less than or equal to the market volatility in NMS Stocks.6 The addition, the Exchange is required to Upper Price Band, when such Price Plan sets forth procedures that provide develop, maintain, and enforce policies Bands are disseminated. for market-wide LULD requirements and procedures reasonably designed to Default Behavior for Non-Routable that would be designed to prevent Orders Not Crossing the Price Bands trades in individual NMS Stocks from 8 17 CFR 242.603(b). occurring outside of specified price 9 As defined in Section I(T) of the Plan. The Exchange proposes to add Rule 10 bands. These LULD requirements would As defined in the proposed Plan, Eligible 11.9(a)(3)(A), which would state that, be coupled with trading pauses7 to Reported Transactions would have the meaning prescribed by the Operating Committee for the when a non-routable buy (sell) order is accommodate more fundamental price proposed Plan, and generally mean transactions entered into the System 13 at a price less moves (as opposed to erroneous trades that are eligible to update the sale price of an NMS (greater) than or equal to the Upper or momentary gaps in liquidity). Stock. (Lower) Price Band, such order will be 11 As initially proposed by the Participants, the The price bands would consist of a posted to the EDGX Book 14 or executed, Lower Price Band (the ‘‘Lower Price Percentage Parameters for Tier 1 NMS Stocks (i.e., stocks in the S&P 500 Index or Russell 1000 Index unless (i) the order is an Immediate-or- Band’’) and an Upper Price Band (the and certain ETPs) with a Reference Price of $1.00 Cancel (‘‘IOC’’) Order,15 in which case ‘‘Upper Price Band’’—each a ‘‘Price or more would be five percent and less than $1.00 it will be cancelled if not executed, or would be the lesser of (a) $0.15 or (b) 75 percent. Band’’ and, together with the Lower (ii) the User 16 has entered instructions Price Band, the ‘‘Price Bands’’) for each The Percentage Parameters for Tier 2 NMS Stocks (i.e., all NMS Stocks other than those in Tier 1) with to cancel the order. NMS Stock. The Price Bands would be a Reference Price of $1.00 or more would be 10 calculated by the Securities Information percent and less than $1.00 would be the lesser of 12 Section VI(A)(1) of the Plan provides that (a) $0.15 or (b) 75 percent. The Percentage Processors (the ‘‘SIP’’ or ‘‘Processors’’) ‘‘single-priced opening, reopening, and closing Parameters for a Tier 2 NMS Stock that is a transactions on the Primary Listing Exchange, leveraged ETP would be the applicable Percentage 4 however, shall be excluded from this limitation. In 15 U.S.C. 78k–1. Parameter set forth above multiplied by the leverage 5 addition, any transaction that both (i) does not 17 CFR 242.608. ratio of such product. On May 24, 2012, the update the last sale price (except if solely because 6 See Letter from Janet M. McGinness, Senior Vice Participants amended the Plan to create a 20% price the transaction was reported late), and (ii) is President, Legal and Corporate Secretary, NYSE band for Tier 1 and Tier 2 stocks with a Reference excepted or exempt from Rule 611 under Regulation Euronext, to Elizabeth M. Murphy, Secretary, Price of $0.75 or more and up to and including NMS shall be excluded from this limitation.’’ Commission, dated April 5, 2011 (‘‘Transmittal $3.00. The Percentage Parameter for stocks with a 13 Letter’’). The term ‘‘NMS Stock’’ shall have the Reference Price below $0.75 would be the lesser of As defined in Rule 1.5(cc). meaning provided in Rule 600(b)(47) of Regulation (a) $0.15 or (b) 75 percent. See Securities Exchange 14 As defined in Rule 1.5(d). NMS under the Act. Release No. 67091 (May 31, 2012), 77 FR 33498 15 As defined in Rule 11.5(b)(1). 7 As defined in Section I(X) of the Plan. (June 6, 2012). 16 As defined in Rule 1.5(ee).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14382 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Default Behavior when a Non-Routable covered security, the System will re- the Lower Price Band and the remainder Buy (Sell) Order Arrives at a Price price such order to the Lower Price will be canceled back to the User. IOC Higher (Lower) than the Upper (Lower) Band as long as the Lower Price Band ISOs will be prevented from executing Price Band is at a Permitted Price.18 When a short at prices that cross the Price Bands The Exchange proposes to add Rule sale order is entered into the System when the limit price of the ISO crosses 11.9(a)(3)(B), which would state that, with a limit price above the Lower Price a Price Band that is outside of the when a non-routable buy (sell) order Band and a short sale price test NBBO. arrives at a price greater (less) than the restriction is in effect for the covered Example 1: Sell IOC Order Executes Down Upper (Lower) Price Band, the Exchange security, the System will re-price such to the Lower Price Band will re-price and display such buy (sell) order, if necessary, at a Permitted Price Assume the NBBO is $10.00 by $10.10 and order at the price of the Upper (Lower) pursuant to Rule 11.5(c)(4). the Price Bands are $10.04 by $10.15. Three Price Band. Example: Sell Short Order is priced at the orders are placed: Order1 to buy 100 shares Lower Price Band where the Lower Price at $10.02; Order2 to buy 100 shares at $10.04; Default Behavior When the Upper Band is above the NBB and an IOC Order to sell 200 shares at $10.02. (Lower) Price Band Moves to a Price Assume the NBBO is $10.00 by $10.10, the The IOC Order will execute 100 shares at Higher (Lower) Than a Resting Buy Price Bands 19 are $10.01 by $10.15, and the $10.04 against Order2 and the remaining 100 (Sell) Order’s Displayed Posting Price short sale price test restriction is in effect. A shares will be cancelled back to the User. The sell short order arrives to sell 100 shares at IOC Order cannot execute against Order1 If the price of the Upper (Lower) Price $10.00 and is displayed at $10.01. The sell Band moves above (below) a non- because Order1 is priced below the Lower short order will be allowed to be priced at Price Band. routable buy (sell) order’s displayed the Lower Price Band so long as the Lower Example 2: Sell IOC ISO Executes through Price Band is above the NBB during the short posting price, such buy (sell) order will NBBO Down to the Lower Price Band sale price test restriction. not be adjusted further and will remain Assume the NBBO is $10.00 by $10.10 and posted at the original price at which it Policies and Procedures the Price Bands are $9.99 by $10.15. Three was posted to the EDGX Book. The Exchange proposes to add Rule orders are placed: Order1 to buy 100 shares at $9.99; Order2 to buy 100 shares at $9.98; Default Behavior When the Upper 11.9(a)(3)(E) to specify that pursuant to (Lower) Price Band Crosses a Resting and an IOC ISO to sell 200 shares at $9.98. Section IV of the Plan, all Trading The IOC ISO will execute 100 shares at $9.99 20 Buy (Sell) Order’s Displayed Posting Centers in NMS Stocks, including against Order1 and the remaining 100 shares Price those operated by Members of the will be canceled back to the User. The IOC Proposed Rule 11.9(a)(3)(B) would Exchange, shall establish maintain, and ISO cannot execute against Order2 because also state that, when the Upper (Lower) enforce written policies and procedures Order2 is priced below the Lower Price Band. that are reasonably designed to comply Price Band crosses a non-routable buy EDGX Only/Post Only Orders 22 (sell) order resting on the EDGX Book, with the requirements specified in such buy (sell) order will be re-priced to Section VI of the Plan, and to comply As described in proposed Rule the price of the Upper (Lower) Price with the Trading Pauses specified in 11.9(a)(3)(B), where a non-routable Band. Section VII of the Plan. order such as a EDGX Only/Post Only Routable Market and Limit Orders Applicability of the Plan to Specific buy (sell) Order is entered into the Order Types System at a price above (below) the The Exchange proposes to add Rule Upper (Lower) Price Band, such buy 11.9(a)(3)(C), which would cross The following examples and descriptions demonstrate how Rules (sell) order will be re-priced and reference how routable market and limit displayed at the price of the Upper 17 11.9(a)(3)(A)–(C), as described above, orders would behave under the Plan. (Lower) Price Band. If the Upper The proposed order handling under the will affect specific order functionality under the Plan. (Lower) Price Band moves higher Plan would be set forth in proposed (lower) than the EDGX Only/Post Only Rule 11.9(b)(1)(B) and described in the Immediate-or-Cancel (‘‘IOC’’) Orders buy (sell) Order’s posting price, such section entitled ‘‘Changes in Routing As described in proposed Rule buy (sell) order will not be adjusted Behavior to Comply with the Plan,’’ 11.9(a)(3)(A), IOC Orders will be further and will remain at the original below. executed to the extent allowed within price at which it was posted to the Short Sale Behavior the Price Bands, and the portion not so EDGX Book. The Exchange proposes to add Rule executed will be cancelled. Example 1: EDGX Only/Post Only Order In general, IOC and IOC Intermarket 11.9(a)(3)(D), which would describe is entered into the System at a Price That Sweep Orders 21 (‘‘IOC ISO’’) will be how short sale orders would be re- Crosses the Price Bands handled the same way when the Price priced in accordance with both Assume the NBBO is $10.00 by $10.10 and Bands are inside of the NBBO. Buy IOC/ Regulation SHO and the Plan. In the Price Bands are $9.95 by $10.08. An IOC ISOs will be executed up to the EDGX Only/Post Only buy Order arrives at particular, the proposed rule would Upper Price Band and the remainder $10.09. The buy order will be re-priced, state that, where a short sale order is will be canceled back to the User. Sell displayed and posted to the EDGX Book at entered into the System with a limit IOC/IOC ISOs will be executed down to $10.08, the price of the Upper Price Band. price below the Lower Price Band and Example 2: Price Band Moves Higher a short sale price test restriction under 18 As defined in Rule 11.5(c)(4)(B). Than EDGX Only/Post Only Buy Order on Rule 201 of Regulation SHO (‘‘short sale 19 Note that Price Band prices used in all the EDGX Book price test restriction’’) is in effect for the examples in this filing are for illustrative purposes Assume the same facts as in Example 1, but only and do not reflect the method by which the now the Price Bands adjust to $9.95 by 17 The Exchange notes that the behavior of stop actual Price Bands will be calculated in accordance $10.10. The buy order will not be adjusted orders and stop limit orders, as defined in Exchange with the Plan. further and will instead remain on the EDGX Rule 1.5, are not specifically addressed in this filing 20 As defined in Rule 2.11(a). Book at $10.08, the original price at which 21 as they are converted to market and limit orders ISO Orders are described in Exchange Rule it was posted to the EDGX Book. when the stop price is elected and will then behave 11.5(d) and defined under Regulation NMS. See like market or limit orders, respectively, as Securities Exchange Act Release No. 51808 (June 9, described above. 2005), 70 FR 37496 (June 29, 2005). 22 As defined in Rules 11.5(c)(4) and (5).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14383

Changes in Routing Behavior to Comply executing a marketable order, it is Upper Price Band) and will be posted and With the Plan appropriate to re-price such order up to displayed at $10.05 or cancelled according to the User’s instructions. The Exchange proposes to add Rule the order’s limit price and re-route such 11.9(b)(1)(B), which would describe order once the Upper (Lower) Price If the Price Bands move up after the how routing will function under the Band no longer crosses the NBO (NBB) initial re-price to $9.98 by $10.08, the Plan and would be divided into three (i.e., the NBO/NBB becomes buy order will be re-priced and major subsections, detailed under the executable). displayed at $10.08. If the Price Bands subheadings listed below. Below are examples illustrating how moves down after the initial re-price to default routing behavior will function in $9.92 by $10.02, the buy order will be Default Routing Behavior accordance with the Plan.23 re-priced and displayed at $10.02. The first major subsection, proposed Example: Buy Order Example where NBO In the same example, if the buy Rule 11.9(b)(1)(B)(i), would describe is Above the Upper Price Band market order arrives for 100 shares how default routing behavior would Assume the NBBO is $10.00 by $10.10 and utilizing a routing strategy that does not function in accordance with the Plan the Price Bands are $9.95 by $10.05. Order1 access all Protected Quotations, such as and would state that, in order to comply arrives to buy 100 shares at $10.15; Order2 ROCO, then the System will cancel the with the Plan, a routable buy (sell) arrives to buy 100 shares as a market order. buy market order when the NBO is Non- Neither Order1 nor Order2 will be routed market or routable marketable limit Executable and will not re-price and because no buy orders will be routed when display the order at the price of the order will be routed by the Exchange the NBO is above the Upper Price Band. only when the NBO (NBB) is or becomes Upper Price Band. executable according to the Plan, which Routable Market Orders Example 2: Market Order is Re-Priced to would be when the NBO is less than or Proposed Rule 11.9(b)(1)(B)(i) would Market Collar Price as a Result of Movement equal to the Upper Price Band (NBB is contain two minor subsections, the first of the Price Bands greater than or equal to the Lower Price of which, proposed Rule Assume the NBBO is $10.00 by $11.00, the Band). According to the Plan, the NBO 11.9(b)(1)(B)(i)(I), would describe Price Bands are $9.05 by $10.05 and the last (NBB) is or becomes non-executable sale was at $10.00. A market order arrives to routing behavior under the Plan buy 100 shares and is displayed at $10.05 when the NBO is greater than the Upper applicable to routable market orders and with a market collar of $10.50. The Price Price Band (the NBB is less than the would state that, for routing strategies Bands then change to $10.00 by $11.00. As Lower Price Band) (‘‘Non-Executable’’). that access all Protected Quotations, if a result, the market order is posted and Proposed Rule 11.9(b)(1)(B)(i) would the NBO (NBB) is Non-Executable and displayed at its collar price of $10.50. also state that, excluding routing a buy (sell) market order is placed, the Routable Limit Orders strategies SWPA, SWPB and SWPC, for System will default to re-price such buy purposes of Rules 11.9(b)(1)(B)(i)(I) and (sell) market order and display it at the The second minor subsection, (II), routing strategies that access all price of the Upper (Lower) Price Band proposed Rule 11.9(b)(1)(B)(i)(II), would Protected Quotations include the and will continue to re-price it to the describe routing behavior under the following routing strategies as described price of the Upper (Lower) Price Band Plan applicable to routable limit orders in current Rule 11.9(b)(3) (proposed to as the Upper (Lower) Price Band and would state that, if the price of (i) be re-numbered Rule 11.9(b)(2)): ROUT, adjusts, so long as the buy (sell) market a routable buy (sell) limit order that is ROUX, ROUC, ROUE and ROOC. order does not move above (below) its entered into the System or (ii) the Routing strategies that do not access all market collar price, as defined in Rule unfilled balance of such order returned Protected Quotations include all other 11.5(a)(2), or alternatively, such buy from routing to away Trading Centers is routing strategies listed in current Rule (sell) market order may be cancelled greater (less) than the Upper (Lower) 11.9(b)(3). pursuant to User instruction. For all Price Band and is ineligible for routing Routing strategies that access all other routing strategies that do not as a result of the NBO (NBB) being or Protected Quotations (other than SWPA, access all Protected Quotations, routable having become Non-Executable, then SWPB and SWPC) are designed to market orders will not be re-priced and the System will default to re-price such maximize liquidity with the intention to displayed at the price of the Upper buy (sell) order and display it at the fully execute a marketable order. (Lower) Price Band and will instead be price of the Upper (Lower) Price Band, Routing strategies that do not access all cancelled if the NBO (NBB) is Non- or alternatively, it may be cancelled Protected Quotations are designed with Executable. pursuant to User instruction. For other objectives in mind and are not as The rule further provides that if the routing strategies that access all likely to fully execute a marketable Upper (Lower) Price Band crosses a Protected Quotations, if the Upper order because of the smaller number of routable buy (sell) order resting on the (Lower) Price Band subsequently moves liquidity sources accessed. For example, EDGX Book, such buy (sell) order will above (below) the routable buy (sell) routing strategy ROUZ, which does not be re-priced to the price of the Upper order’s posting price, such routable access all Protected Quotations, will (Lower) Price Band. order will continue to be re-priced to only access dark pools after interacting the Upper (Lower) Price Band until the Example 1: Buy Market Order where NBO with the EDGX Book and then post any is Above Upper Price Band order reaches its limit price. For all remainder to the EDGX Book unless Assume the NBBO is $10.00 by $10.10 and other routing strategies that do not otherwise instructed by the User. the Price Bands are $9.95 by $10.05. A access all Protected Quotations, the If a marketable order utilizing a routable buy market order arrives for 100 routable order will not be re-priced to a routing strategy that accesses all shares utilizing a routing strategy that price above (below) the original price at Protected Quotations cannot be accesses all Protected Quotations (e.g., which it was posted to the EDGX Book. executed because the Upper (Lower) ROUT). The buy order will not be routed as The rule further provides that if the Price Band crosses the NBO (NBB) (i.e., the NBO is Non-Executable (greater than the Upper (Lower) Price Band crosses a the NBO/NBB is non-executable), the routable buy (sell) order resting on the 23 All of the below examples in this section on Exchange believes that, in order to changes to the behavior of routable orders as a EDGX Book, such buy (sell) order will fulfill the routing strategy’s objective of result of compliance with the Plan assume that be re-priced to the price of the Upper maximizing liquidity and fully there is no liquidity on the EDGX Book. (Lower) Price Band.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14384 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Example 1: Sell Limit Order That Accesses displayed at $10.05. The Price Bands then The Exchange proposes to rename All Protected Quotations Where NBB Is change to $9.98 by $10.10. The sell order will current Rule 11.9(b) (Execution and Below Lower Price Band be routed since the NBB is now executable. Routing) to Rule 11.9(b) (Routing). The Assume the NBBO is $10.02 by $10.10 and Exchange proposes to add Rule the Price Bands are $10.04 by $10.15. A Behavior of Orders Utilizing SWP routable sell order arrives for 100 shares at Routing Strategies 11.9(b)(1), which would contain text in current Rule 11.9(b)(2) with regard to $10.01 utilizing a routing strategy that The third and final major subsection, routing to away trading centers. The text accesses all Protected Quotations (e.g., Rule 11.9(b)(1)(B)(iii), would describe ROUT). The sell order will not be routed and of the rule will remain unchanged aside will be posted and displayed at $10.04 or how orders utilizing routing strategies 25 from updated cross references. The cancelled according to the User’s SWPA, SWPB and SWPC (together, Exchange also proposes to add Rule instructions. ‘‘SWP routing strategies’’) will function 11.9(b)(1)(A), which would contain If the Lower Price Band moves up after the under the Plan and would state that the unchanged text in current Rule initial re-price to $10.06 by $10.16, the order System will immediately cancel orders 11.9(b)(2) relevant to Regulation SHO. will be re-priced to display at $10.06. If the utilizing a SWP routing strategy when Lower Price Band moves down after the The Exchange proposes to add new an order to buy utilizing an SWP routing Rules 11.9(b)(1)(C) and (D), which initial re-price to $10.03 by $10.13, the order strategy has a limit price that is greater will be re-priced to display at $10.03. would contain the unchanged text of Example 2: Sell Limit Order that does not than the Upper Price Band or if a sell current Rules 11.9(b)(2)(A) and (B), access all Protected Quotations order utilizing an SWP routing strategy respectively. Lastly, the Exchange Assume the NBBO is $10.02 by $10.10 and has a limit price that is less than the proposes to re-number current Rule the Price Bands are $10.04 by $10.15. A Lower Price Band. The following 11.9(b)(3) to new Rule 11.9(b)(2). The routable sell order arrives for 100 shares at examples illustrate how an order text of the rule will remain unchanged. $10.01 utilizing a routing strategy that does utilizing a SWP routing strategy (an not access all Protected Quotations (e.g., ‘‘SWP order’’) would behave in Orders and Modifiers (Rule 11.5) ROUZ). The sell order will not be routed and accordance with the Plan: will instead be posted and displayed at The Exchange proposes to amend $10.04 or cancelled according to the User’s Example 1: Buy SWP Limit Price Crosses cross references in Rules 11.5(a)(2), instructions. the Upper Price Band (Price Band Inside the 11.5(c)(4)–(10), and 11.5(d)(1) in If the Lower Price Band moves up to NBBO) response to the re-numbering of $10.06 by $10.16 after the initial re-price, the Assume the NBBO is $10.00 by $10.10 and subsections within Rule 11.9, as order will be re-priced and displayed at the Price Bands are $10.00 by $10.08. A SWP discussed in detail above. $10.06. If the Lower Price Band moves down order is placed to buy 100 shares at $10.10. to $10.03 by $10.13 after the initial re-price, The order is rejected immediately because its Mid-Point Match Orders the order will be re-priced and displayed at $10.10 limit price crosses the Upper Price The Exchange proposes to amend Band. $10.04, the original price at which it was Rule 11.5(c)(7) to describe the behavior posted to the EDGX Book. Example 2: Buy SWP Limit Price Crosses the Upper Price Band (Price Band Outside of Mid-Point Match (‘‘MPM’’) Orders 26 Re-Routing Behavior the NBBO) under the Plan. Assume the NBBO is $10.00 by $10.10 and The Exchange believes that, when a The second major subsection, 27 proposed Rule 11.9(b)(1)(B)(ii), would the Price Bands are $9.95 by $10.11. A SWP Protected Quotation is crossed by the order is placed to buy 100 shares at $10.12. Price Bands and all Trading Centers describe how re-routing will function The order is rejected immediately because its under the Plan and would state that, for have not yet replaced their quotes to re- $10.12 limit price crosses the Upper Price align them with the Price Bands, the routing strategies that access all Band. Protected Quotations, when the Upper Example 3: Buy SWP Limit Price is the integrity of the NBBO is compromised. (Lower) Price Band adjusts such that the same as the price of the Upper Price Band In such circumstances, the Exchange NBO (NBB) becomes executable, a (Price Band Outside the NBBO) believes that it is fair and reasonable to routable buy (sell) market or marketable Assume the NBBO is $10.00 by $10.10 and shut down all midpoint trading until the the Price Bands are $9.95 by $10.11. A SWP Protected Quotation(s) is(are) no longer limit order will be eligible to be re- order is placed to buy 100 shares at $10.11. routed by the Exchange. crossed by the Price Bands. The order is executed and ISOs can be routed In addition, pursuant to Rule Example 1: Routing Buy Order when NBO out since the limit of $10.11 is equal to the 11.9(a)(3), MPM Orders will not trade Upper Price Band. Becomes Executable with any other orders when the Assume the NBBO is $10.00 by $10.10 and Miscellaneous Organizational midpoint of the NBBO is below the the Price Bands are $9.94 by $10.09. A routable buy market order arrives for 100 Amendments to Rule 11.9 Lower Price Band or above the Upper shares utilizing a routing strategy that The Exchange proposes to add Rule Price Band since MPM Orders only accesses all Protected Quotations (e.g., 11.9(a)(1) (Compliance with Regulation execute at the midpoint of the NBBO. ROUT).24 The buy order will not be routed SHO), which would contain unchanged MPM Orders will continue to execute at and will instead be posted and displayed at text from current Rule 11.9(a) relevant the midpoint of the NBBO as long as the $10.09. The Price Bands change to $9.95 by to compliance with Regulation SHO. execution price is between the Lower $10.10. The order will be routed since the and Upper Price Bands. NBO is now executable. The Exchange proposes to add Rule Example 2: Routing Sell Order when NBB 11.9(a)(2) (Compliance with Regulation Example 1: MPM Order Does Not Trade Becomes Executable NMS), which would contain unchanged when Upper Price Band Crosses Protected Assume the NBBO is $10.00 by $10.10 and text from current Rule 11.9(a) relevant Bids from other Exchanges the Price Bands are $10.05 by $10.15. A to compliance with Regulation NMS. Assume the NBBO is $10.00 by $10.01 and routable sell order arrives for 100 shares at the Price Bands are $9.02 by $10.02. The best The Exchange proposes to re-number bids are $10.00 at NYSE, $10.00 at BATS and $9.99 utilizing a routing strategy that current Rule 11.9(a)(1) (Execution accesses all Protected Quotations (e.g., $9.95 at ARCA. Order1 is placed to Sell 100 ROUT). The sell order will be re-priced and against EDGX Book) to new Rule shares at $9.95 as a MPM Order. The Price 11.9(a)(4). The text of the rule would Bands then change to $8.99 by $9.99 and the NBBO changes to $9.95 by $10.01 (BATS and 24 If, for example, a routing strategy that does not remain unchanged. access all Protected Quotations, such as ROUZ, is elected by the User, the order is not re-routed and 25 Rules 11.9(b)(3)(o), (p) and (q) define SWPA, 26 As defined in Rule 11.5(c)(7). remains posted on the EDGX Book. SWPB and SWPC routing strategies, respectively. 27 As defined in Rule 11.5(v).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14385

NYSE’s best bids are excluded from the outside of the NBBO. However, after the Act,29 which requires the rules of an NBBO by the SIP and neither exchange has Price Bands adjust, Order1 will have priority exchange to promote just and equitable yet submitted new quotes to the SIP). Order2 based on its existing time stamp at the time principles of trade, to remove is placed to buy 100 shares at $9.99. Order2 the new Price Bands were established. impediments to and perfect the does not trade with Order1 and remains Example 2: Price Band Crosses Orders posted on the EDGX Book at $9.99. Resting on the EDGX Book mechanism of a free and open market Example 2: MPM Orders Cannot Trade Assume the NBBO is $10.00 by $10.10 and and a national market system and, in when the Price Band is Crossing the the Price Bands are $9.95 by $10.15. Two general, to protect investors and the Midpoint of the NBBO orders are placed: Order1 arrives to buy 100 public interest. The Exchange believes Assume the NBBO is $10.00 by $10.10 and shares at $10.08 and then Order2 arrives to that the proposed rule change meets the Price Bands are $10.00 by $10.04. A MPM buy 100 shares at $10.05. The Price Bands these requirements in that it seeks to Order is placed to buy 100 shares at $11.00 change to $9.95 by $10.05 and Order1 is re- promote the efficient execution of and posted at $10.05. A MPM Order is placed priced to $10.05 as a result of the adjustment investor transactions, and thus of the Upper Price Band. Order3 is then to sell 100 shares at $10.00. The MPM Orders strengthen investor confidence, over the cannot trade at $10.05 because the Upper placed to sell 100 shares at $10.05. Order1 Price Band is crossing the midpoint of the will trade with Order3 because it retains its long term by providing additional NBBO. Both orders will remain posted on the priority based on its existing time stamp at transparency regarding the order EDGX Book at $10.05. No execution will the time the new Price Bands were handling procedures employed by the occur between the orders until the Upper established. When the Price Bands adjusted, Exchange and certain obligations of Price Band no longer crosses the midpoint of both Order1 and Order2 obtained new time Members when sending orders to the the NBBO. stamps and retained priority based on the Exchange consistent with the Plan. The time stamps that existed relative to one Priority of Orders (Rule 11.8) another at the time the new Price Bands were Exchange also believes that the established. proposed amendments to Rules 11.8 and The Exchange proposes to add new 11.9 will assist Users in executing or Rule 11.8(a)(8), which would state that Definitions (Rule 1.5) displaying their orders consistent with when a Price Band crosses an order The Exchange proposes to add new the Plan, especially under fast moving resting on the EDGX Book, such order conditions where the Price Bands and 28 Rule 1.5(gg), which would define the will be provided a new time stamp term the ‘‘Plan’’ to mean The National NBBO are quickly updating. In addition, and prioritized based on its existing Market System Plan to Address Users can choose to use an IOC Order time stamp at the time the new Price Extraordinary Market Volatility as well or opt out of certain default re-pricing Bands are established. Furthermore, if as state that a number of terms used in processes, as described in proposed an order is resting on the Book at a price the Rules and related to the Plan shall Rules 11.9(b)(3) and 11.9(b)(1)(B)(i)(I– equal to the Upper (Lower) Price Band, have the definitions and meanings II), that re-price a buy (sell) order to the such order will not be re-priced, but ascribed to them under the Plan. price of the Upper (Lower) Price Band. will be provided a new time stamp and If Users choose to do so, the Exchange Trading Halts Due to Extraordinary prioritized based on its existing time will instead cancel their orders instead Market Volatility (Rule 11.14) stamp at the time the new Price Bands as per User instructions. are established. The Exchange proposes to amend The Exchange views this method of Rule 11.14(d) (individual stock trading B. Self-Regulatory Organization’s retaining priority based on time as being pauses) to explain how the rule will Statement on Burden on Competition the method that is most fair to its operate during the phased The Exchange does not believe that Members and subject to the least implementation of the Plan. Currently, the proposed rule change will impose amount of manipulation. The Exchange under Rule 11.14(d), if a primary listing any burden on competition that is not believes that time priority is a superior market issues an individual stock necessary or appropriate in furtherance approach to price priority because trading pause in any NMS stock, the of the purposes of the Act. The under a time priority approach, it would Exchange will pause trading in that Exchange believes that its rules are be more difficult for certain Members to security until trading has resumed on comparable, in part, with re-pricing and price their orders on the EDGA Book in the primary listing market. If, however, cancellation processes offered by other a way that gives them a potential trading has not resumed on the primary exchanges in response to the Plan. The priority advantage when such orders are listing market and ten minutes have Exchange also believes that there is no subsequently re-priced by a Price Band passed since the individual stock impact on competition as analogous rule crossing the price at which such orders trading pause message has been changes are being filed by all reside on the Book. received from the responsible single Participants to the Plan and the Plan The following examples demonstrate plan processor, the Exchange may itself was developed and jointly filed by how order priority will be affected by resume trading in such stock. During all Participants in the first instance. the Plan. Phase 1 of the Plan, an individual stock C. Self-Regulatory Organization’s Example 1: Price Band Crosses Orders trading pause in Tier 1 NMS Stocks that Resting on the EDGX Book are subject to the requirements of the Statement on Comments on the Assume the NBBO is $10.00 by $10.10 and Plan shall be subject to the Plan. Tier 1 Proposed Rule Change Received From the Price Bands are $9.95 by $10.15. Two NMS Stocks not yet subject to the Members, Participants, or Others orders are placed: Order1 arrives to buy 100 requirements of the Plan and Tier 2 The Exchange has neither solicited shares at $10.05 and then Order2 arrives to NMS Stocks shall be subject to the nor received written comments on the buy 100 shares at $10.08. The Price Bands requirements set forth in paragraph (d) proposed rule change. change to $9.95 by $10.05 and Order2 is re- of Rule 11.14. Once the Plan has been priced to $10.05 as a result of the adjustment III. Date of Effectiveness of the fully implemented and all NMS stocks of the Upper Price Band. Order3 is then Proposed Rule Change and Timing for are subject to the Plan, Rule 11.14(d) placed to sell 100 shares at $10.05. Order1 Commission Action will trade with Order3. Initially, Order2 will will no longer apply. have price priority while the Price Bands are The Exchange has filed the proposed 2. Statutory Basis rule change pursuant to Section 28 A new time stamp enables the Exchange’s The statutory basis for the proposed System to record every time an order is re-priced. rule change is Section 6(b)(5) of the 29 15 U.S.C. 78f(b)(5).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14386 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

19(b)(3)(A)(iii) of the Act 30 and Rule if email is used. To help the and Exchange Commission (the 19b–4(f)(6) thereunder.31 Because the Commission process and review your ‘‘Commission’’) the proposed rule proposed rule change does not: (i) comments more efficiently, please use change as described in Items I, II, and Significantly affect the protection of only one method. The Commission will III below, which Items have been investors or the public interest; (ii) post all comments on the Commission’s prepared by the Exchange. The impose any significant burden on Internet Web site (http://www.sec.gov/ Commission is publishing this notice to competition; and (iii) become operative rules/sro.shtml). Copies of the solicit comments on the proposed rule prior to 30 days from the date on which submission, all subsequent change from interested persons. it was filed, or such shorter time as the amendments, all written statements Commission may designate, if with respect to the proposed rule I. Self-Regulatory Organization’s consistent with the protection of change that are filed with the Statement of the Terms of Substance of investors and the public interest, the Commission, and all written the Proposed Rule Change proposed rule change has become communications relating to the The Exchange proposes to amend the effective pursuant to Section 19(b)(3)(A) proposed rule change between the Fees Schedule of its CBOE Stock of the Act and Rule 19b–4(f)(6)(iii) Commission and any person, other than Exchange (‘‘CBSX’’). The text of the thereunder. those that may be withheld from the proposed rule change is available on the At any time within 60 days of the public in accordance with the Exchange’s Web site (http:// filing of such proposed rule change, the provisions of 5 U.S.C. 552, will be www.cboe.com/AboutCBOE/ Commission summarily may available for Web site viewing and CBOELegalRegulatoryHome.aspx), at temporarily suspend such rule change if printing in the Commission’s Public the Exchange’s Office of the Secretary, it appears to the Commission that such Reference Room, 100 F Street NE., and at the Commission. action is necessary or appropriate in the Washington, DC 20549, on official public interest, for the protection of business days between the hours of II. Self-Regulatory Organization’s investors, or otherwise in furtherance of 10:00 a.m. and 3:00 p.m. Copies of such Statement of the Purpose of, and the purposes of the Act. If the filing also will be available for Statutory Basis for, the Proposed Rule Commission takes such action, the inspection and copying at the principal Change Commission shall institute proceedings office of the Exchange. All comments In its filing with the Commission, the under Section 19(b)(2)(B) of the Act 32 to received will be posted without change; Exchange included statements determine whether the proposed rule the Commission does not edit personal concerning the purpose of and basis for change should be approved or identifying information from the proposed rule change and discussed disapproved. submissions. You should submit only any comments it received on the IV. Solicitation of Comments information that you wish to make proposed rule change. The text of these available publicly. All submissions statements may be examined at the Interested persons are invited to should refer to File No. SR–EDGX– places specified in Item IV below. The submit written data, views, and 2013–08 and should be submitted on or Exchange has prepared summaries, set arguments concerning the foregoing, before March 26, 2013. forth in sections A, B, and C below, of including whether the proposed rule For the Commission, by the Division of the most significant aspects of such change is consistent with the Act. Trading and Markets, pursuant to delegated statements. Comments may be submitted by any of authority.33 the following methods: Kevin M. O’Neill, A. Self-Regulatory Organization’s Statement of the Purpose of, and Electronic Comments Deputy Secretary. Statutory Basis for, the Proposed Rule • Use the Commission’s Internet [FR Doc. 2013–05004 Filed 3–4–13; 8:45 am] Change comment form (http://www.sec.gov/ BILLING CODE 8011–01–P rules/sro.shtml); or 1. Purpose • Send an email to rule- The Exchange proposes to amend the SECURITIES AND EXCHANGE [email protected]. Please include File CBSX Fees Schedule with regard to the COMMISSION No. SR–EDGX–2013–08 on the subject data reports it provides to Trading line. [Release No. 34–68998; File No. SR–CBOE– Permit Holders (‘‘TPHs’’) and other 2013–024] Paper Comments interested parties at their requests. • These persons and organizations Send paper comments in triplicate Self-Regulatory Organizations; sometimes approach CBSX and request to Elizabeth M. Murphy, Secretary, Chicago Board Options Exchange, that CBSX prepare and provide various Securities and Exchange Commission, Incorporated; Notice of Filing and reports regarding their trading activity. 100 F Street NE., Washington, DC Immediate Effectiveness of a Proposed The production of these reports Rule Change To Amend the CBOE 20549–1090. sometimes requires that employees put Stock Exchange Fees Schedule All submissions should refer to File No. in a significant amount of time and SR–EDGX–2013–08. This file number February 27, 2013. work to write and develop the programs should be included on the subject line Pursuant to Section 19(b)(1) of the necessary to be able to run or generate such reports. Currently, the CBSX Fees 30 Securities Exchange Act of 1934 (the 15 U.S.C. 78s(b)(3)(A)(iii). ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Schedule does not speak to such 31 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires the Exchange to give the notice is hereby given that on February requests (though the Fees Schedule of 3 Commission written notice of the Exchange’s intent 21, 2013, Chicago Board Options CBOE, CBSX’s parent exchange, does ). to file the proposed rule change, along with a brief Exchange, Incorporated (the ‘‘Exchange’’ The Exchange proposes to add to the description and text of the proposed rule change, or ‘‘CBOE’’) filed with the Securities CBSX Fees Schedule a comprehensive, at least five business days prior to the date of filing of the proposed rule change, or such shorter time consistent and standard structure as designated by the Commission. The Exchange 33 17 CFR 200.30–3(a)(12). has satisfied this requirement. 1 15 U.S.C. 78s(b)(1). 3 See CBOE Fees Schedule, Exchange Data 32 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. Reports table.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14387

regarding the provision of CBSX data unfairly discriminatory because it will always elect to become CBSX market reports. apply to all requesting parties equally. participants. CBSX proposes to establish three CBSX believes it is equitable and not C. Self-Regulatory Organization’s different tiers of data report requests. unfairly discriminatory to assess no fees Statement on Comments on the The first, most basic tier (referred to as for C Level reports because these are Proposed Rule Change Received From ‘‘C Level’’ requests) will regard requests standard reports that do not require for standard reports regularly generated specific development, customization or Members, Participants, or Others and run by CBSX and made available on generation. CBSX believes that it is The Exchange neither solicited nor a daily, weekly or monthly basis that do equitable and not unfairly received comments on the proposed not require historical data generation, discriminatory to assess no fees for rule change. customization beyond a standard format initial B Level requests because these III. Date of Effectiveness of the (PDF, HTML, etc.) or distribution reports do not require very much (less Proposed Rule Change and Timing for frequency (daily, weekly, monthly, etc.), than one man-hour) work on CBSX’s Commission Action or specialized development. There will part to create and produce. CBSX be no cost for such requests, regardless believes that it is equitable and not The foregoing rule change has become of whether they are one-time, initial, or unfairly discriminatory to assess a fee of effective pursuant to Section 19(b)(3)(A) daily, weekly, or monthly requests. $100 for the first five man-hours of work of the Act 6 and paragraph (f) of Rule The second tier (referred to as ‘‘B for A Level requests because these 19b–4 7 thereunder. At any time within Level’’ requests) will regard initial reports take at least one man-hour of 60 days of the filing of the proposed rule report requests (or enhancements to work on CBSX’s part to develop and change, the Commission summarily may existing report subscriptions) that generate and CBSX must begin to temporarily suspend such rule change if require less than one (1) man-hour to recoup the costs of such work, while it appears to the Commission that such develop and/or generate. The [sic] will still desiring to be able to provide action is necessary or appropriate in the be no cost for such requests. The third requesting market participants with a public interest, for the protection of tier (referred to as ‘‘A Level’’ requests) reasonable amount of information to investors, or otherwise in furtherance of will regard initial report requests (or assist them. CBSX believes that it is the purposes of the Act. If the enhancements to existing subscriptions) equitable and not unfairly Commission takes such action, the that require one (1) or more man-hours discriminatory to assess a fee of $100 Commission will institute proceedings to develop and/or generate. The cost for per man-hour above five hours for A to determine whether the proposed rule such requests will be $100 for first 5 Level requests because such requests change should be approved or man-hours and $100 per hour for each can take up a significant amount of disapproved. additional man-hour. Fees for reports CBSX resources and at this point CBSX IV. Solicitation of Comments will be estimated in advance and such must begin to be more fully- estimates will be provided to the compensated for dedicating resources to Interested persons are invited to requester. If the estimate changes once these tasks. CBSX believes that it is submit written data, views, and creation of the report begins, a revised equitable and not unfairly arguments concerning the foregoing, estimate will be provided to the discriminatory to assess subscription including whether the proposed rule requester. For parties requesting to fees for requests for information on a change is consistent with the Act. receive B or A Level reports on a more regular basis (as opposed to re- Comments may be submitted by any of recurring basis, subscriptions to such assessing the initial fees) because the the following methods: reports will be provided at a cost of development for such work has already Electronic Comments $100 per month for monthly reports and been done. $200 per month for daily or weekly • Use the Commission’s Internet B. Self-Regulatory Organization’s reports. comment form (http://www.sec.gov/ Statement on Burden on Competition rules/sro.shtml); or 2. Statutory Basis CBSX does not believe that the • Send an email to rule- The Exchange believes the proposed proposed rule change will impose any [email protected]. Please include File rule change is consistent with the Act burden on competition that is not Number SR–CBOE–2013–024 on the and the rules and regulations necessary or appropriate in furtherance subject line. thereunder applicable to the Exchange of the purposes of the Act. CBSX does Paper Comments and, in particular, the requirements of not believe that the proposed fees Section 6(b) of the Act.4 Specifically, structure will impose an unnecessary • Send paper comments in triplicate the Exchange believes the proposed rule burden on intramarket competition to Elizabeth M. Murphy, Secretary, change is consistent with Section 6(b)(4) because it will apply equally to all Securities and Exchange Commission, of the Act,5 which requires that requesting parties. CBSX does not 100 F Street NE., Washington, DC Exchange rules provide for the equitable believe that the proposed fees structure 20549–1090. allocation of reasonable dues, fees, and will impose an unnecessary burden on All submissions should refer to File other charges among its Trading Permit intermarket competition because CBSX Number SR–CBOE–2013–024. This file Holders and other persons using its is providing reports specific to activity number should be included on the facilities. CBSX believes that the on CBSX, and other exchanges may subject line if email is used. To help the proposed new fee structure for data provide reports specific to activity on Commission process and review your reports is reasonable because it is those exchanges, and the costs for comments more efficiently, please use designed to reflect CBSX’s costs in development, generation and only one method. The Commission will creating such reports. CBSX believes production of such reports may be post all comments on the Commission’s that the proposed new fee structure for different on those exchanges. Further, to Internet Web site (http://www.sec.gov/ data reports is equitable and not the extent that the proposed fees rules/sro.shtml). Copies of the structure for data reports may attract 4 15 U.S.C. 78f(b). market participants on other exchanges 6 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78f(b)(4). to CBSX, such market participants can 7 17 C.F.R. 240.19b–4(f).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14388 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

submission, all subsequent the Securities and Exchange Exchange notes that on December 20, amendments, all written statements Commission (the ‘‘Commission’’) the 2012, Intercontinental Exchange, Inc. with respect to the proposed rule proposed rule change as described in (‘‘ICE’’) entered into a merger agreement change that are filed with the Items I, II, and III below, which Items to acquire the Exchange’s parent, NYSE Commission, and all written have been prepared by the self- Euronext (the ‘‘Transaction’’). IFUS, a communications relating to the regulatory organization. The wholly-owned subsidiary of ICE, proposed rule change between the Commission is publishing this notice to requested assistance in relocating its Commission and any person, other than solicit comments on the proposed rule remaining trading floor following those that may be withheld from the change from interested persons. announcement of the Transaction. public in accordance with the IFUS trades its products exclusively I. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be on an electronic trading platform and no Statement of the Terms of Substance of available for Web site viewing and longer utilizes open outcry trading. the Proposed Rule Change printing in the Commission’s Public Approximately 40 traders (the ‘‘IFUS Reference Room, 100 F Street NE., The Exchange proposes to relocate Traders’’) 5 currently utilize the IFUS Washington, DC 20549, on official certain futures and options trading trading floor (along with a small group business days between the hours of conducted on ICE Futures U.S. of clerical staff they employ) as a place 10:00 a.m. and 3:00 p.m. Copies of such (‘‘IFUS’’) 4 from rented space at the New from which they may accept customer filing also will be available for York Mercantile Exchange (‘‘NYMEX’’) orders and execute electronic inspection and copying at the principal to the Exchange’s facilities at 20 Broad transactions in IFUS contracts. The office of the Exchange. All comments Street and amend Rule 6A—Equities, IFUS Traders that are proposed to received will be posted without change; which defines the terms ‘‘Trading relocate to the Blue Room can execute the Commission does not edit personal Floor’’ and ‘‘NYSE Amex Options transactions electronically in all identifying information from Trading Floor’’ (together, the products listed for trading by the IFUS, submissions. You should submit only ‘‘Proposal’’). The text of the proposed including futures and options on futures information that you wish to make rule change is available on the on cotton, frozen concentrated orange available publicly. All submissions Exchange’s Web site at www.nyse.com, juice, coffee, sugar, cocoa, energy, should refer to File Number SR–CBOE– at the principal office of the Exchange, foreign currencies, and certain Russell 2013–024, and should be submitted on and at the Commission’s Public Indices.6 However, most of the IFUS or before March 26, 2013. Reference Room. Traders predominantly execute For the Commission, by the Division of II. Self-Regulatory Organization’s transactions in options on cotton Trading and Markets, pursuant to delegated futures. The IFUS Traders, collectively, authority.8 Statement of the Purpose of, and Statutory Basis for, the Proposed Rule transact less than 5% of average daily Kevin M. O’Neill, Change IFUS volume excluding IFUS energy Deputy Secretary. contracts (which account for [FR Doc. 2013–04991 Filed 3–4–13; 8:45 am] In its filing with the Commission, the approximately 83% of IFUS’s daily 7 BILLING CODE 8011–01–P self-regulatory organization included volume) and a fraction of 1% of the statements concerning the purpose of, total average daily IFUS volume (which and basis for, the proposed rule change includes the energy contracts transacted SECURITIES AND EXCHANGE and discussed any comments it received on IFUS). The IFUS Traders do not COMMISSION on the proposed rule change. The text engage in trading in equity securities or of those statements may be examined at securities options through IFUS. [Release No. 34–68997; File No. SR– the places specified in Item IV below. NYSEMKT–2013–13] Further, six of the forty IFUS Traders The Exchange has prepared summaries, engage in proprietary-only trading while Self-Regulatory Organizations; NYSE set forth in sections A, B, and C below, the rest execute customer orders 8 in MKT LLC; Notice of Filing and of the most significant parts of such addition to proprietary trading. IFUS Immediate Effectiveness of Proposed statements. customer orders may be accepted by Rule Change Relocating Certain A. Self-Regulatory Organization’s telephone or electronically; however, Futures and Options Trading Statement of the Purpose of, and the the IFUS Traders cannot verbally Conducted on ICE Futures U.S. From Statutory Basis for, the Proposed Rule discuss orders or transactions with each Rented Space at the New York Change other while on the trading floor. Mercantile Exchange to the Communications between traders on the Exchange’s Facilities at 20 Broad 1. Purpose floor must be made via instant message, Street and Amending Rule 6A— The Exchange proposes to make email, or recorded telephone line. Order Equities, Which Defines the Terms trading space at 20 Broad Street, tickets are prepared and time-stamped ‘‘Trading Floor’’ and ‘‘NYSE Amex commonly known as the ‘‘Blue Room’’, Options Trading Floor’’ available to IFUS to accommodate 5 None of the IFUS Traders are members of the electronic trading of certain futures and Exchange, New York Stock Exchange LLC (‘‘NYSE’’) February 27, 2013. or NYSE Amex Options. options contracts currently conducted Pursuant to Section 19(b)(1) 1 of the 6 These include the Russell 2000, Russell 1000, on IFUS in space rented from the Securities Exchange Act of 1934 (the and Russell Value and Growth, all of which qualify NYMEX. The arrangement would be as broad-based indices. The Exchange understands, ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 pursuant to an arms-length commercial however, that the IFUS Traders primarily trade notice is hereby given that on February Russell 2000 mini-contracts. lease. IFUS’s lease on its NYMEX 13, 2013, NYSE MKT LLC (the 7 In other words, the IFUS Traders transact less trading space expires in June 2013. The ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with than 5% of the 17% of IFUS’s average daily volume that is not related to energy contracts. 4 IFUS is a Designated Contract Market pursuant 8 Pursuant to the definition of the term ‘‘floor 8 17 CFR 200.30–3(a)(12). to the Commodity Exchange Act, as amended, and broker’’ in Section 1a(22) of the Commodity 1 15 U.S.C.78s(b)(1). is regulated by the U.S. Commodity Futures Trading Exchange Act, the Floor Traders can only execute 2 15 U.S.C. 78a. Commission (‘‘CFTC’’). IFUS was formerly known customer orders from a trading floor that is operated 3 17 CFR 240.19b–4. as the New York Board of Trade (‘‘NYBOT’’). and supervised by a contract market such as IFUS.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14389

for each customer order, and IFUS, as it overhear the terms of an order handled Based on the limited trading does today, would have a compliance by an IFUS Trader, or vice-a-versa, the conducted by the IFUS Traders, the officer from IFUS Market Regulation in likelihood that the information could be extremely limited overlap in products the Blue Room performing on-site used to benefit that trader’s or broker’s traded and the controls that will be put surveillance on a regular basis. proprietary, personal or other customer in place, the Exchange does not believe The IFUS Traders will be sitting trading is extremely unlikely. This is that the proposed relocation of the IFUS together in dedicated space in the Blue also true with respect to the Russell Traders to the Blue Room raises any Room. A small group of NYSE MKT Index products given their broad-based regulatory concerns. Floor brokers, currently in the Blue nature. The Exchange believes that the The Exchange also proposes to amend Room, will have their booths nearby.9 same considerations apply with respect Rule 6A—Equities, which defines the Both the space to be assigned to the to the NYSE, which operates on the term ‘‘Trading Floor’’ to update the IFUS Traders and the NYSE MKT Floor same Trading floor, and NYSE Amex definition. Rule 6A—Equities provides broker booths have privacy barriers Options, which operates on a trading that the term ‘‘Trading Floor’’ means the consisting of eight foot walls which floor that is adjacent to NYSE MKT. restricted-access physical areas provide visual and sound insulation to Nonetheless, NYSE MKT Floor brokers designated by the Exchange for the reduce the likelihood that trading initiating trades based on confidential trading of securities, commonly known screens can be viewed or conversations order information overheard from the as the ‘‘Main Room’’ and the ‘‘Garage.’’ overheard between firms and traders.10 IFUS Traders would be subject to Rule 6A—Equities further provides that Consequently, the Exchange believes disciplinary action for violating NYSE the Exchange’s Trading Floor does not that the combination of these visual and MKT rules, including Rules 2010— include the areas where NYSE Amex- acoustical barriers, coupled with the Equities and 2020—Equities, which listed options are traded, commonly IFUS limitations on verbal require members and member known as the ‘‘Blue Room’’ and the communications related to an order, organizations to observe high standards ‘‘Extended Blue Room,’’ which, for the substantially eliminate the risk that of commercial honor, to use just and purposes of the Exchange’s Rules, are either the IFUS Traders or NYSE MKT equitable principles of trade, and referred to as the ‘‘NYSE Amex Options Floor brokers could overhear each prohibit the use of manipulative, Trading Floor.’’ other’s customer orders or other deceptive or fraudulent devices. The Exchange proposes to amend confidential trading information. Rule 6A—Equities to add ‘‘Blue Room’’ Further, IFUS will issue a regulatory Nonetheless, the names of the IFUS to the definition of ‘‘Trading Floor’’ and Traders will be provided to the notice specifying the method IFUS remove that term from the definition of Financial Industry Regulatory Authority Traders must use to access the Blue ‘‘NYSE Amex Options Trading Floor’’. (‘‘FINRA’’) which conducts surveillance Room and prohibiting the IFUS Traders The Exchange notes that the proposed of the NYSE MKT and NYSE markets to from entering the Main Room, where rule change would not have an impact enable FINRA to more readily identify most of the NYSE MKT and NYSE on the Exchange’s trading rules or the any potentially violative trading by the Equities Floor brokers and all NYSE IFUS rules, nor would it have an impact IFUS Traders.11 MKT and NYSE Designated Market on the Exchange’s or IFUS’ authority to In light of the fact that the IFUS Makers (‘‘DMMs’’) are located as well as bring a disciplinary action for violation Traders do not trade any of the products the NYSE Amex Options trading floor. of those rules. traded on NYSE MKT, and the Specifically, the IFUS Traders will be extremely limited overlap in related required to take the 18 Broad Street 2. Statutory Basis products traded by the IFUS Traders entrance elevator and enter the Trading The Exchange believes that the and on the NYSE MKT, as well as the Floor using the turnstile nearest the Proposal is consistent with the very small volume of predominantly Blue Room. The Exchange will provisions of Section 6 of the Act,12 in cotton options executed by the IFUS periodically monitor badge swipes at general, and Section 6(b)(5) of the Act,13 Traders, it is highly unlikely that any that turnstile. Moreover, the Exchange in particular, in that it is designed to order handled by one of them could will install a security door requiring a prevent fraudulent and manipulative impact the price of any individual badge swipe to enter and exit the acts and practices, to promote just and security traded on the Exchange. In this physical area to be occupied by the equitable principles of trade, to foster regard, the Exchange believes that the IFUS Traders. The IFUS Traders will cooperation and coordination with pricing correlation between order flow also wear distinctive badges and trading persons engaged in facilitating in IFUS products and securities traded jackets. NYSE MKT Floor Governors transactions in securities, and to remove on NYSE MKT is tenuous at most. and FINRA’s On Floor Surveillance Unit impediments to and perfect the Consequently, even if an NYSE MKT will be instructed to identify and mechanism of a free and open market Floor broker in the Blue Room were to promptly report violations of the and a national market system. The restriction on entering the Main Room Exchange believes that the Proposal is 9 However, the Exchange expects to relocate the to the IFUS Market Supervision officer. designed to remove impediments to and NYSE MKT Floor brokers to an area adjacent to the IFUS Traders entering the Main Room perfect the mechanism of a free and Garage once certain ongoing renovations are in violation of this restriction could face complete. open market and a national market 10 The booths are approximately 40 feet long by disciplinary action pursuant to IFUS system. The Exchange believes that the 10 feet wide. The barriers are eight feet high on both Rule 4.04, which prohibits conduct or proposed rule change will permit the sides except for the two gated and badge access practices inconsistent with just and Exchange to allow IFUS Traders to entry and exit points at the front and back of the equitable principles of trade or conduct booth, which are four feet high. utilize space on the trading floor within 11 Providing the names of the IFUS Traders to detrimental to the best interests of IFUS. the existing regulatory framework at the FINRA will be for the purpose of regulatory The Exchange believes that these Exchange, to efficiently and effectively information sharing. Neither the Exchange nor restrictions are appropriate to prevent conduct business in their respective FINRA will be responsible for regulating or the IFUS Traders from having potential area consistent with maintaining surveilling the IFUS Traders’ activity and the IFUS Traders will not be subject to the Exchange’s access to any nonpublic information jurisdiction. Rather, the IFUS Traders will continue that might be available at the DMM 12 15 U.S.C. 78f(b). to be regulated by IFUS as they are today. booths. 13 15 U.S.C. 78f(b)(4) and (5) [sic].

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14390 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

necessary distinctions between the two to Rule 19b4(f)(6)(iii),17 the Commission printing in the Commission’s Public organizations. Moreover, the proposed may designate a shorter time if such Reference Section, 100 F Street NE., rule changes will impose restrictions action is consistent with the protection Washington, DC 20549–1090, on official designed to prevent inappropriate of investors and the public interest. business days between the hours of information sharing by and between At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the members and member firm employees filing of such proposed rule change, the filing will also be available for on the Trading Floor of the Exchange Commission summarily may inspection and copying at the NYSE’s and the IFUS Traders in the proposed temporarily suspend such rule change if principal office and on its Internet Web IFUS Trading area. The Exchange it appears to the Commission that such site at www.nyse.com. All comments believes that updating the references in action is necessary or appropriate in the received will be posted without change; the Exchange rules to reflect the correct public interest, for the protection of the Commission does not edit personal use of the Exchange Trading Floor may investors, or otherwise in furtherance of identifying information from help eliminate potential confusion the purposes of the Act. If the submissions. You should submit only among investors and other market Commission takes such action, the information that you wish to make participants on the Exchange who may Commission shall institute proceedings available publicly. All submissions not be aware of which portion of the under Section 19(b)(2)(B) 18 of the Act to should refer to File Number SR– trading space will be used as the determine whether the proposed rule NYSEMKT–2013–13 and should be Trading Floor. change should be approved or submitted on or before March 26, 2013. disapproved. B. Self-Regulatory Organization’s For the Commission, by the Division of IV. Solicitation of Comments Trading and Markets, pursuant to delegated Statement on Burden on Competition authority.19 The Exchange does not believe that Interested persons are invited to Kevin M. O’Neill, the Proposal will impose any burden on submit written data, views, and Deputy Secretary. arguments concerning the foregoing, competition that is not necessary or [FR Doc. 2013–05018 Filed 3–4–13; 8:45 am] including whether the proposed rule appropriate in furtherance of the BILLING CODE 8011–01–P purposes of the Act. The proposal is change is consistent with the Act. designed to promote competition by Comments may be submitted by any of providing the Exchange the additional the following methods: SECURITIES AND EXCHANGE flexibility to maximize the use of its Electronic Comments COMMISSION trading floor space. • Use the Commission’s Internet [Release No. 34–69000; File No. SR–CBOE– C. Self-Regulatory Organization’s comment form (http://www.sec.gov/ 2013–023] Statement on Comments on the rules/sro.shtml); or Self-Regulatory Organizations; Proposed Rule Change Received From • Send an email to rule- Chicago Board Options Exchange, Members, Participants, or Others [email protected]. Please include File Number SR–NYSEMKT–2013–13 on the Incorporated; Notice of Filing and No written comments were solicited subject line. Immediate Effectiveness of a Proposed or received with respect to the proposed Rule Change To Amend the Fees rule change. Paper Comments Schedule • III. Date of Effectiveness of the Send paper comments in triplicate February 27, 2013. Proposed Rule Change and Timing for to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the Commission Action Securities and Exchange Commission, Securities Exchange Act of 1934 (the 100 F Street NE., Washington, DC ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange has filed the proposed 20549–1090. notice is hereby given that on February rule change pursuant to Section All submissions should refer to File 20, 2013, Chicago Board Options 19(b)(3)(A)(iii) of the Act 14 and Rule Number SR–NYSEMKT–2013–13. This Exchange, Incorporated (the ‘‘Exchange’’ 19b–4(f)(6) thereunder.15 Because the file number should be included on the or ‘‘CBOE’’) filed with the Securities proposed rule change does not: (i) subject line if email is used. To help the and Exchange Commission (the Significantly affect the protection of Commission process and review your ‘‘Commission’’) the proposed rule investors or the public interest; (ii) comments more efficiently, please use change as described in Items I, II, and impose any significant burden on only one method. The Commission will III below, which Items have been competition; and (iii) become operative post all comments on the Commission’s prepared by the Exchange. The prior to 30 days from the date on which Internet Web site (http://www.sec.gov/ Commission is publishing this notice to it was filed, or such shorter time as the rules/sro.shtml). Copies of the solicit comments on the proposed rule Commission may designate, if submission, all subsequent change from interested persons. consistent with the protection of amendments, all written statements investors and the public interest, the with respect to the proposed rule I. Self-Regulatory Organization’s proposed rule change has become change that are filed with the Statement of the Terms of Substance of effective pursuant to Section 19(b)(3)(A) Commission, and all written the Proposed Rule Change of the Act and Rule 19b–4(f)(6)(iii) communications relating to the The Exchange proposes to amend its thereunder. proposed rule change between the Fees Schedule. The text of the proposed A proposed rule change filed under Commission and any person, other than rule change is available on the Rule 19b–4(f)(6) 16 normally does not those that may be withheld from the Exchange’s Web site (http:// become operative prior to 30 days after public in accordance with the www.cboe.com/AboutCBOE/ the date of the filing. However, pursuant provisions of 5 U.S.C. 552, will be CBOELegalRegulatoryHome.aspx), at available for Web site viewing and 14 15 U.S.C. 78s(b)(3)(A)(iii). 19 17 CFR 200.30–3(a)(12). 15 17 CFR 240.19b–4(f)(6). 17 17 CFR 240.19b–4(f)(6)(iii). 1 15 U.S.C. 78s(b)(1). 16 17 CFR 240.19b–4(f)(6). 18 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14391

the Exchange’s Office of the Secretary, customization beyond a standard format discriminatory to assess no fees for and at the Commission. (PDF, HTML, etc.) or distribution initial B Level requests because these frequency (daily, weekly, monthly, etc.), II. Self-Regulatory Organization’s reports do not require very much (less or specialized development. There will Statement of the Purpose of, and than one man-hour) work on the be no cost for such requests, regardless Exchange’s part to create and produce. Statutory Basis for, the Proposed Rule of whether they are one-time, initial, or Change The Exchange believes that it is daily, weekly, or monthly requests. equitable and not unfairly In its filing with the Commission, the The second tier (referred to as ‘‘B discriminatory to assess a fee of $100 for Exchange included statements Level’’ requests) will regard initial the first five man-hours of work for A concerning the purpose of and basis for report requests (or enhancements to Level requests because these reports the proposed rule change and discussed existing report subscriptions) that take at least one man-hour of work on any comments it received on the require less than one (1) man-hour to proposed rule change. The text of these develop and/or generate. The [sic] will the Exchange’s part to develop and statements may be examined at the be no cost for such requests. The third generate and the Exchange must begin places specified in Item IV below. The tier (referred to as ‘‘A Level’’ requests) to recoup the costs of such work, while Exchange has prepared summaries, set will regard initial report requests (or still desiring to be able to provide forth in sections A, B, and C below, of enhancements to existing subscriptions) requesting market participants with a the most significant aspects of such that require one (1) or more man-hours reasonable amount of information to statements. to develop and/or generate. The cost for assist them. The Exchange believes that such requests will be $100 for first 5 it is equitable and not unfairly A. Self-Regulatory Organization’s man-hours and $100 per hour for each discriminatory to assess a fee of $100 Statement of the Purpose of, and additional man-hour. Fees for reports per man-hour above five hours for A Statutory Basis for, the Proposed Rule will be estimated in advance and such Level requests because such requests Change estimates will be provided to the can take up a significant amount of 1. Purpose requester. If the estimate changes once Exchange resources and at this point the creation of the report begins, a revised The Exchange proposes to amend its Exchange must begin to be more fully- estimate will be provided to the compensated for dedicating resources to Fees Schedule with regard to the data requester. For parties requesting to reports it provides to Trading Permit these tasks. The Exchange believes that receive B or A Level reports on a it is equitable and not unfairly Holders (‘‘TPHs’’), Options Clearing recurring basis, subscriptions to such discriminatory to assess subscription Company (‘‘OCC’’) firms and other reports will be provided at a cost of fees for requests for information on a interested parties at their requests. $100 per month for monthly reports and These persons and organizations often $200 per month for daily or weekly more regular basis (as opposed to re- approach the Exchange and request that reports. assessing the initial fees) because the the Exchange prepare and provide development for such work has already various reports regarding their trading 2. Statutory Basis been done. activity. The production of these reports The Exchange believes the proposed B. Self-Regulatory Organization’s sometimes requires that CBOE rule change is consistent with the Act employees put in a significant amount and the rules and regulations Statement on Burden on Competition of time and work to write and develop thereunder applicable to the Exchange CBOE does not believe that the the programs necessary to be able to run and, in particular, the requirements of proposed rule change will impose any or generate such reports. Currently, the 3 Section 6(b) of the Act. Specifically, burden on competition that is not Fees Schedule merely states that ‘‘Ad the Exchange believes the proposed rule necessary or appropriate in furtherance Hoc Information Services Requests’’ are change is consistent with Section 6(b)(4) of the purposes of the Act. The provided at production costs, that ORS of the Act,4 which requires that Exchange does not believe that the Analysis, Floor Efficiency Project or Exchange rules provide for the equitable Market Penetration Reports are assessed allocation of reasonable dues, fees, and proposed fees structure will impose an a monthly fee of $100, and that ABIL other charges among its Trading Permit unnecessary burden on intramarket Brokerage Billing are assessed a fee of Holders and other persons using its competition because it will apply $0.005 per contract (on a monthly basis, facilities. The Exchange believes that equally to all requesting parties. The with a minimum of $50 and a maximum the proposed new fee structure for data Exchange does not believe that the of $200 per month). The Exchange reports is reasonable because it is proposed fees structure will impose an proposes to eliminate these statements designed to reflect the Exchange’s costs unnecessary burden on intermarket and replace them with a more in creating such reports. The Exchange competition because the Exchange is comprehensive, consistent and standard believes that the proposed new fee providing reports specific to activity on structure regarding the provision of structure for data reports is equitable CBOE, and other exchanges may Exchange data reports (including those and not unfairly discriminatory because provide reports specific to activity on being deleted). it will apply to all requesting parties those exchanges, and the costs for The Exchange proposes to establish equally. The Exchange believes it is development, generation and three different tiers of data report equitable and not unfairly production of such reports may be requests. The first, most basic tier discriminatory to assess no fees for C different on those exchanges. Further, to (referred to as ‘‘C Level’’ requests) will Level reports because these are standard the extent that the proposed fees regard requests for standard reports reports that do not require specific structure for data reports may attract regularly generated and run by the development, customization or market participants on other exchanges Exchange and made available on a daily, generation. The Exchange believes that to CBOE, such market participants can weekly or monthly basis (for example, it is equitable and not unfairly always elect to become CBOE market Monthly LP Scorecard, Daily Firm participants [sic]. Report, etc.) that do not require 3 15 U.S.C. 78f(b). historical data generation, 4 15 U.S.C. 78f(b)(4).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14392 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

C. Self-Regulatory Organization’s change that are filed with the I. Self-Regulatory Organization’s Statement on Comments on the Commission, and all written Statement of the Terms of Substance of Proposed Rule Change Received From communications relating to the the Proposed Rule Change Members, Participants, or Others proposed rule change between the The Exchange proposes to amend its The Exchange neither solicited nor Commission and any person, other than Fees Schedule. The text of the proposed received comments on the proposed those that may be withheld from the rule change is available on the rule change. public in accordance with the Exchange’s Web site (http:// provisions of 5 U.S.C. 552, will be www.c2exchange.com/Legal/), at the III. Date of Effectiveness of the available for Web site viewing and Exchange’s Office of the Secretary, and Proposed Rule Change and Timing for printing in the Commission’s Public at the Commission. Commission Action Reference Room, 100 F Street, NE., The foregoing rule change has become Washington, DC 20549 on official II. Self-Regulatory Organization’s effective pursuant to Section 19(b)(3)(A) business days between the hours of Statement of the Purpose of, and of the Act 5 and paragraph (f) of Rule 10:00 a.m. and 3:00 p.m. Copies of such Statutory Basis for, the Proposed Rule 19b–4 6 thereunder. At any time within filing also will be available for Change 60 days of the filing of the proposed rule inspection and copying at the principal In its filing with the Commission, the change, the Commission summarily may office of the Exchange. All comments Exchange included statements temporarily suspend such rule change if received will be posted without change; concerning the purpose of and basis for it appears to the Commission that such the Commission does not edit personal the proposed rule change and discussed action is necessary or appropriate in the identifying information from any comments it received on the public interest, for the protection of submissions. You should submit only proposed rule change. The text of these investors, or otherwise in furtherance of information that you wish to make statements may be examined at the the purposes of the Act. If the available publicly. All submissions places specified in Item IV below. The Commission takes such action, the should refer to File Number SR–CBOE– Exchange has prepared summaries, set Commission will institute proceedings 2013–023, and should be submitted on forth in sections A, B, and C below, of to determine whether the proposed rule or before March 26, 2013. the most significant aspects of such change should be approved or statements. disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s IV. Solicitation of Comments authority.7 Statement of the Purpose of, and Interested persons are invited to Kevin M. O’Neill, Statutory Basis for, the Proposed Rule Change submit written data, views, and Deputy Secretary. arguments concerning the foregoing, [FR Doc. 2013–04992 Filed 3–4–13; 8:45 am] 1. Purpose including whether the proposed rule BILLING CODE 8011–01–P change is consistent with the Act. The Exchange proposes to amend its Comments may be submitted by any of Fees Schedule with regard to the data the following methods: reports it provides to Trading Permit SECURITIES AND EXCHANGE Holders (‘‘TPHs’’), Options Clearing Electronic Comments COMMISSION Company (‘‘OCC’’) firms and other • Use the Commission’s Internet interested parties at their requests. comment form (http://www.sec.gov/ [Release No. 34–68999; File No. SR–C2– These persons and organizations often rules/sro.shtml); or 2013–010] approach the Exchange and request that • Send an email to rule- the Exchange prepare and provide [email protected]. Please include File Self-Regulatory Organizations; C2 various reports regarding their trading Number SR–CBOE–2013–023 on the Options Exchange, Incorporated; activity. The production of these reports subject line. Notice of Filing and Immediate sometimes requires that employees put Effectiveness of a Proposed Rule in a significant amount of time and Paper Comments Change To Amend the Fees Schedule work to write and develop the programs • Send paper comments in triplicate necessary to be able to run or generate to Elizabeth M. Murphy, Secretary, February 27, 2013. such reports. Currently, Section 9 of the Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the Fees Schedule (‘‘Miscellaneous’’) 100 F Street NE., Washington, DC Securities Exchange Act of 1934 (the merely states that ‘‘Ad Hoc Information 20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Services Requests’’ are provided at All submissions should refer to File notice is hereby given that on February production costs. The Exchange Number SR–CBOE–2013–023. This file 20, 2013, C2 Options Exchange, proposes to eliminate this statement and number should be included on the Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) replace it with a more comprehensive, subject line if email is used. To help the filed with the Securities and Exchange consistent and standard structure Commission process and review your Commission (the ‘‘Commission’’) the regarding the provision of Exchange comments more efficiently, please use proposed rule change as described in data reports (including those being only one method. The Commission will Items I, II, and III below, which Items deleted). post all comments on the Commission’s have been prepared by the Exchange. The Exchange proposes to establish Internet Web site (http://www.sec.gov/ The Commission is publishing this three different tiers of data report rules/sro.shtml). Copies of the notice to solicit comments on the requests. The first, most basic tier submission, all subsequent proposed rule change from interested (referred to as ‘‘C Level’’ requests) will amendments, all written statements persons. regard requests for standard reports with respect to the proposed rule regularly generated and run by the 7 17 CFR 200.30–3(a)(12). Exchange and made available on a daily, 5 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). weekly or monthly basis (for example, 6 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4. Monthly LP Scorecard, Daily Firm

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14393

Report, etc.) that do not require generation. The Exchange believes that C. Self-Regulatory Organization’s historical data generation, it is equitable and not unfairly Statement on Comments on the customization beyond a standard format discriminatory to assess no fees for Proposed Rule Change Received From (PDF, HTML, etc.) or distribution initial B Level requests because these Members, Participants, or Others frequency (daily, weekly, monthly, etc.), reports do not require very much (less The Exchange neither solicited nor or specialized development. There will than one man-hour) work on the received comments on the proposed be no cost for such requests, regardless Exchange’s part to create and produce. rule change. of whether they are one-time, initial, or The Exchange believes that it is III. Date of Effectiveness of the daily, weekly, or monthly requests. equitable and not unfairly The second tier (referred to as ‘‘B Proposed Rule Change and Timing for discriminatory to assess a fee of $100 for Level’’ requests) will regard initial Commission Action the first five man-hours of work for A report requests (or enhancements to The foregoing rule change has become existing report subscriptions) that Level requests because these reports take at least one man-hour of work on effective pursuant to Section 19(b)(3)(A) require less than one (1) man-hour to of the Act 5 and paragraph (f) of Rule the Exchange’s part to develop and develop and/or generate. The [sic] will 19b–4 6 thereunder. At any time within be no cost for such requests. The third generate and the Exchange must begin 60 days of the filing of the proposed rule tier (referred to as ‘‘A Level’’ requests) to recoup the costs of such work, while change, the Commission summarily may will regard initial report requests (or still desiring to be able to provide temporarily suspend such rule change if enhancements to existing subscriptions) requesting market participants with a it appears to the Commission that such that require one (1) or more man-hours reasonable amount of information to action is necessary or appropriate in the to develop and/or generate. The cost for assist them. The Exchange believes that public interest, for the protection of such requests will be $100 for first 5 it is equitable and not unfairly investors, or otherwise in furtherance of man-hours and $100 per hour for each discriminatory to assess a fee of $100 the purposes of the Act. If the additional man-hour. Fees for reports per man-hour above five hours for A Commission takes such action, the will be estimated in advance and such Level requests because such requests Commission will institute proceedings estimates will be provided to the can take up a significant amount of to determine whether the proposed rule requester. If the estimate changes once Exchange resources and at this point the change should be approved or creation of the report begins, a revised Exchange must begin to be more fully- disapproved. estimate will be provided to the compensated for dedicating resources to requester. For parties requesting to IV. Solicitation of Comments these tasks. The Exchange believes that receive B or A Level reports on a Interested persons are invited to it is equitable and not unfairly recurring basis, subscriptions to such submit written data, views, and discriminatory to assess subscription reports will be provided at a cost of arguments concerning the foregoing, fees for requests for information on a $100 per month for monthly reports and including whether the proposed rule $200 per month for daily or weekly more regular basis (as opposed to re- change is consistent with the Act. reports. assessing the initial fees) because the Comments may be submitted by any of development for such work has already the following methods: 2. Statutory Basis been done. The Exchange believes the proposed Electronic Comments B. Self-Regulatory Organization’s rule change is consistent with the Act • Use the Commission’s Internet Statement on Burden on Competition and the rules and regulations comment form (http://www.sec.gov/ thereunder applicable to the Exchange C2 does not believe that the proposed rules/sro.shtml); or • and, in particular, the requirements of rule change will impose any burden on Send an email to rule- Section 6(b) of the Act.3 Specifically, competition that is not necessary or [email protected]. Please include File the Exchange believes the proposed rule appropriate in furtherance of the Number SR–C2–2013–010 on the change is consistent with Section 6(b)(4) subject line. of the Act,4 which requires that purposes of the Act. The Exchange does Exchange rules provide for the equitable not believe that the proposed fees Paper Comments allocation of reasonable dues, fees, and structure will impose an unnecessary • Send paper comments in triplicate other charges among its Trading Permit burden on intramarket competition to Elizabeth M. Murphy, Secretary, Holders and other persons using its because it will apply equally to all Securities and Exchange Commission, facilities. The Exchange believes that requesting parties. The Exchange does 100 F Street NE., Washington, DC the proposed new fee structure for data not believe that the proposed fees 20549–1090. reports is reasonable because it is structure will impose an unnecessary All submissions should refer to File designed to reflect the Exchange’s costs burden on intermarket competition Number SR–C2–2013–010. This file in creating such reports. The Exchange because the Exchange is providing number should be included on the believes that the proposed new fee reports specific to activity on C2, and subject line if email is used. To help the structure for data reports is equitable other exchanges may provide reports Commission process and review your and not unfairly discriminatory because specific to activity on those exchanges, comments more efficiently, please use it will apply to all requesting parties and the costs for development, only one method. The Commission will equally. The Exchange believes it is generation and production of such post all comments on the Commission’s equitable and not unfairly reports may be different on those Internet Web site (http://www.sec.gov/ discriminatory to assess no fees for C exchanges. Further, to the extent that rules/sro.shtml). Copies of the Level reports because these are standard the proposed fees structure for data submission, all subsequent reports that do not require specific reports may attract market participants amendments, all written statements development, customization or on other exchanges to C2, such market with respect to the proposed rule participants can always elect to become 3 5 15 U.S.C. 78f(b). C2 market participants. 15 U.S.C. 78s(b)(3)(A). 4 15 U.S.C. 78f(b)(4). 6 17 CFR 240.19b–4(f).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14394 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

change that are filed with the solicit comments on the proposed rule Exchange, Inc. (collectively with NYSE, Commission, and all written change from interested persons. NYSE MKT, and Arca, the communications relating to the ‘‘Participants’’), filed with the I. Self-Regulatory Organization’s proposed rule change between the Commission pursuant to Section 11A of Statement of the Terms of Substance of the Securities Exchange Act of 1934 Commission and any person, other than the Proposed Rule Change those that may be withheld from the (‘‘Act’’),4 and Rule 608 thereunder,5 the public in accordance with the The Exchange proposes to amend Plan to create a market-wide limit up- provisions of 5 U.S.C. 552, will be Rules 1.5, 11.5, 11.8, 11.9 and 11.14 limit down (‘‘LULD’’) mechanism that is available for Web site viewing and regarding the implementation of the intended to address extraordinary printing in the Commission’s Public National Market System Plan to Address market volatility in NMS Stocks.6 The Reference Room, 100 F Street NE., Extraordinary Market Volatility (as Plan sets forth procedures that provide Washington, DC 20549, on official amended, the ‘‘Plan’’) as approved by for market-wide LULD requirements business days between the hours of the Securities and Exchange that would be designed to prevent 10:00 a.m. and 3:00 p.m. Copies of such Commission.3 All of the changes trades in individual NMS Stocks from filing also will be available for described herein are applicable to EDGA occurring outside of specified price inspection and copying at the principal Members. The text of the proposed rule bands. These LULD requirements would office of the Exchange. All comments change is available on the Exchange’s be coupled with trading pauses 7 to received will be posted without change; Internet Web site at accommodate more fundamental price the Commission does not edit personal www.directedge.com, at the Exchange’s moves (as opposed to erroneous trades identifying information from principal office, on the Commission’s or momentary gaps in liquidity). submissions. You should submit only Internet Web site at www.sec.gov, and at The price bands would consist of a information that you wish to make the Commission’s Public Reference Lower Price Band (the ‘‘Lower Price available publicly. All submissions Room. Band’’) and an Upper Price Band (the should refer to File Number SR–C2– II. Self-Regulatory Organization’s ‘‘Upper Price Band’’—each a ‘‘Price 2013–010, and should be submitted on Statement of the Purpose of, and Band’’ and, together with the Lower or before March 26, 2013. Statutory Basis for, the Proposed Rule Price Band, the ‘‘Price Bands’’) for each For the Commission, by the Division of Change NMS Stock. The Price Bands would be calculated by the Securities Information Trading and Markets, pursuant to delegated In its filing with the Commission, the authority.7 Processors (the ‘‘SIP’’ or ‘‘Processors’’) self-regulatory organization included responsible for consolidation of Kevin M. O’Neill, statements concerning the purpose of, Deputy Secretary. information for an NMS Stock pursuant and basis for, the proposed rule change to Rule 603(b) of Regulation NMS under [FR Doc. 2013–04993 Filed 3–4–13; 8:45 am] and discussed any comments it received the Act.8 The Price Bands would be BILLING CODE 8011–01–P on the proposed rule change. The text based on a Reference Price 9 that equals of these statements may be examined at the arithmetic mean price of Eligible the places specified in Item IV below. Reported Transactions 10 for the NMS SECURITIES AND EXCHANGE The self-regulatory organization has COMMISSION Stock over the immediately preceding prepared summaries, set forth in five-minute period. The Price Bands for sections A, B and C below, of the most an NMS Stock would be calculated by [Release No. 34–69002; File No. SR–EDGA– significant aspects of such statements. applying the Percentage Parameter 11 for 2013–08] A. Self-Regulatory Organization’s Self-Regulatory Organizations; EDGA Statement of the Purpose of, and the 4 15 U.S.C. 78k–1. 5 Exchange, Inc.; Notice of Filing and Statutory Basis for, the Proposed Rule 17 CFR 242.608. Change 6 See Letter from Janet M. McGinness, Senior Vice Immediate Effectiveness of Proposed President, Legal and Corporate Secretary, NYSE Rule Change To Amend EDGA Rules 1. Purpose Euronext, to Elizabeth M. Murphy, Secretary, 1.5, 11.5, 11.8, 11.9 and 11.14 in Commission, dated April 5, 2011 (‘‘Transmittal Connection With the Implementation of EDGA proposes to amend Rules 1.5, Letter’’). The term ‘‘NMS Stock’’ shall have the meaning provided in Rule 600(b)(47) of Regulation the National Market System Plan To 11.5, 11.8, 11.9 and 11.14 in connection with the implementation of the Plan. NMS under the Act. Address Extraordinary Market 7 As defined in Section I(X) of the Plan. Volatility Background 8 17 CFR 242.603(b). 9 On April 5, 2011, NYSE Euronext, on As defined in Section I(T) of the Plan. February 27, 2013. 10 As defined in the proposed Plan, Eligible behalf of the New York Stock Exchange Reported Transactions would have the meaning Pursuant to Section 19(b)(1) of the LLC (‘‘NYSE’’), NYSE Amex LLC, and prescribed by the Operating Committee for the Securities Exchange Act of 1934 (the NYSE Arca, Inc. (‘‘Arca’’), and the proposed Plan, and generally mean transactions 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, following parties to the Plan: BATS that are eligible to update the sale price of an NMS Stock. notice is hereby given that on February Exchange, Inc., BATS Y-Exchange, Inc. 13, 2013, EDGA Exchange, Inc. (the 11 As initially proposed by the Participants, the (together, ‘‘BATS’’), Chicago Board Percentage Parameters for Tier 1 NMS Stocks (i.e., ‘‘Exchange’’ or ‘‘EDGA’’) filed with the Options Exchange, Incorporated, stocks in the S&P 500 Index or Russell 1000 Index Securities and Exchange Commission Chicago Stock Exchange, Inc., EDGA, and certain ETPs) with a Reference Price of $1.00 (‘‘Commission’’) the proposed rule EDGX Exchange, Inc., Financial or more would be five percent and less than $1.00 change as described in Items I and II would be the lesser of (a) $0.15 or (b) 75 percent. Industry Regulatory Authority, Inc., The Percentage Parameters for Tier 2 NMS Stocks below, which items have been prepared NASDAQ OMX BX, Inc., NASDAQ (i.e., all NMS Stocks other than those in Tier 1) with by the self-regulatory organization. The OMX PHLX LLC, the Nasdaq Stock a Reference Price of $1.00 or more would be 10 Commission is publishing this notice to percent and less than $1.00 would be the lesser of Market LLC, and National Stock (a) $0.15 or (b) 75 percent. The Percentage Parameters for a Tier 2 NMS Stock that is a 7 17 CFR 200.30–3(a)(12). 3 See Securities Exchange Release No. 67091 (May leveraged ETP would be the applicable Percentage 1 15 U.S.C. 78s(b)(1). 31, 2012), 77 FR 33498 (June 6, 2012) (approving Parameter set forth above multiplied by the leverage 2 17 CFR 240.19b–4. the Plan on a pilot basis). ratio of such product. On May 24, 2012, the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14395

such NMS Stock to the Reference Price, Compliance With the Plan Default Behavior When the Upper with the Lower Price Band being a (Lower) Price Band Crosses a Resting Percentage Parameter below the The Exchange proposes to add Rule Buy (Sell) Order’s Displayed Posting Reference Price, and the Upper Price 11.9(a)(3), which would state that, Price except as provided in Section VI of the Band being a Percentage Parameter Proposed Rule 11.9(a)(3)(B) would Plan,12 for any executions to occur above the Reference Price. Between 9:30 also state that, when the Upper (Lower) a.m. and 9:45 a.m. ET and 3:35 p.m. and during Regular Trading Hours, such Price Band crosses a non-routable buy 4:00 p.m. ET, the Price Bands would be executions must occur at a price that is (sell) order resting on the EDGA Book, calculated by applying double the greater than or equal to the Lower Price such buy (sell) order will be re-priced to Percentage Parameters. Band and less than or equal to the the price of the Upper (Lower) Price Under the Plan, the Exchange is Upper Price Band, when such Price Band. Bands are disseminated. required to establish, maintain, and Routable Market and Limit Orders enforce written policies and procedures Default Behavior for Non-Routable The Exchange proposes to add Rule reasonably designed to prevent the Orders Not Crossing the Price Bands display of offers below the Lower Price 11.9(a)(3)(C), which would cross Band and bids above the Upper Price The Exchange proposes to add Rule reference how routable market and limit 17 Band for an NMS Stock. The Processors 11.9(a)(3)(A), which would state that, orders would behave under the Plan. would disseminate an offer below the when a non-routable buy (sell) order is The proposed order handling under the Lower Price Band or bid above the entered into the System 13 at a price less Plan would be set forth in proposed Rule 11.9(b)(1)(B) and described in the Upper Price Band that nevertheless (greater) than or equal to the Upper section entitled ‘‘Changes in Routing inadvertently may be submitted despite (Lower) Price Band, such order will be Behavior to Comply with the Plan,’’ such reasonable policies and posted to the EDGA Book 14 or executed, below. procedures, but with an appropriate flag unless (i) the order is an Immediate-or- identifying it as non-executable; such Cancel (‘‘IOC’’) Order,15 in which case Short Sale Behavior bid or offer would not be included in it will be cancelled if not executed, or The Exchange proposes to add Rule National Best Bid (‘‘NBB’’) or National (ii) the User 16 has entered instructions 11.9(a)(3)(D), which would describe Best Offer (‘‘NBO’’ and, together with to cancel the order. how short sale orders would be re- the NBB, the ‘‘NBBO’’) calculations. In priced in accordance with both Default Behavior When a Non-Routable addition, the Exchange is required to Regulation SHO and the Plan. In Buy (Sell) Order Arrives at a Price develop, maintain, and enforce policies particular, the proposed rule would and procedures reasonably designed to Higher (Lower) Than the Upper (Lower) state that, where a short sale order is prevent trades at prices outside the Price Band entered into the System with a limit Price Bands, with the exception of The Exchange proposes to add Rule price below the Lower Price Band and single-priced opening, reopening, and a short sale price test restriction under closing transactions on the primary 11.9(a)(3)(B), which would state that, when a non-routable buy (sell) order Rule 201 of Regulation SHO (‘‘short sale listing exchange. price test restriction’’) is in effect for the arrives at a price greater (less) than the covered security, the System will re- In connection with the upcoming Upper (Lower) Price Band, the Exchange implementation of the Plan on April 8, price such order to the Lower Price will re-price and display such buy (sell) 2013, the Exchange proposes to amend Band as long as the Lower Price Band order at the price of the Upper (Lower) the following rules: is at a Permitted Price.18 When a short Price Band. sale order is entered into the System Order Execution (Rule 11.9) Default Behavior When the Upper with a limit price above the Lower Price The Exchange proposes to re-organize (Lower) Price Band Moves to a Price Band and a short sale price test Rule 11.9 so that matters relevant to Higher (Lower) Than a Resting Buy restriction is in effect for the covered order execution would be covered in (Sell) Order’s Displayed Posting Price security, the System will re-price such Rule 11.9(a), while matters relevant to order, if necessary, at a Permitted Price order routing would be covered in Rule If the price of the Upper (Lower) Price pursuant to Rule 11.5(c)(4). 11.9(b). Rules 11.9(a) and (b) would be Band moves above (below) a non- Example: Sell Short Order is priced at the structured so that each would contain routable buy (sell) order’s displayed Lower Price Band where the Lower Price subsections that would describe the posting price, such buy (sell) order will Band is above the NBB manner by which execution and routing not be adjusted further and will remain Assume the NBBO is $10.00 by $10.10, the Price Bands 19 are $10.01 by $10.15, and the would be affected by the Plan, among posted at the original price at which it was posted to the EDGA Book. short sale price test restriction is in effect. A other regulations. The Exchange sell short order arrives to sell 100 shares at proposes to add Rule 11.9(a)(3) that $10.00 and is displayed at $10.01. The sell would provide particular details with short order will be allowed to be priced at regard to how the Plan would modify 12 Section VI(A)(1) of the Plan provides that order behavior on the Exchange. ‘‘single-priced opening, reopening, and closing 17 The Exchange notes that the behavior of stop Proposed Rule 11.9(a)(3) and its transactions on the Primary Listing Exchange, orders and stop limit orders, as defined in Exchange however, shall be excluded from this limitation. In Rule 1.5, are not specifically addressed in this filing subparagraphs are described below. addition, any transaction that both (i) does not as they are converted to market and limit orders update the last sale price (except if solely because when the stop price is elected and will then behave Participants amended the Plan to create a 20% price the transaction was reported late), and (ii) is like market or limit orders, respectively, as band for Tier 1 and Tier 2 stocks with a Reference excepted or exempt from Rule 611 under Regulation described above. Price of $0.75 or more and up to and including NMS shall be excluded from this limitation.’’ 18 As defined in Rule 11.5(c)(4)(B). 19 $3.00. The Percentage Parameter for stocks with a 13 As defined in Rule 1.5(cc). Note that Price Band prices used in all Reference Price below $0.75 would be the lesser of examples in this filing are for illustrative purposes 14 As defined in Rule 1.5(d). (a) $0.15 or (b) 75 percent. See Securities Exchange only and do not reflect the method by which the Release No. 67091 (May 31, 2012), 77 FR 33498 15 As defined in Rule 11.5(b)(1). actual Price Bands will be calculated in accordance (June 6, 2012). 16 As defined in Rule 1.5(ee). with the Plan.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14396 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the Lower Price Band so long as the Lower at $9.99; Order2 to buy 100 shares at $9.98; when the NBO is greater than the Upper Price Band is above the NBB during the short and an IOC ISO to sell 200 shares at $9.98. Price Band (the NBB is less than the sale price test restriction. The IOC ISO will execute 100 shares at $9.99 Lower Price Band) (‘‘Non-Executable’’). against Order1 and the remaining 100 shares Proposed Rule 11.9(b)(1)(B)(i) would Policies and Procedures will be canceled back to the User. The IOC ISO cannot execute against Order2 because also state that, excluding routing The Exchange proposes to add Rule Order2 is priced below the Lower Price Band. strategies SWPA, SWPB and SWPC, for 11.9(a)(3)(E) to specify that pursuant to purposes of Rules 11.9(b)(1)(B)(i)(I) and 22 Section IV of the Plan, all Trading EDGA Only/Post Only Orders (II), routing strategies that access all Centers 20 in NMS Stocks, including As described in proposed Rule Protected Quotations include the those operated by Members of the 11.9(a)(3)(B), where a non-routable following routing strategies as described Exchange, shall establish maintain, and order such as a EDGA Only/Post Only in current Rule 11.9(b)(3) (proposed to enforce written policies and procedures buy (sell) Order is entered into the be re-numbered Rule 11.9(b)(2)): ROUT, that are reasonably designed to comply System at a price above (below) the ROUX, ROUC, ROUE and ROOC. with the requirements specified in Upper (Lower) Price Band, such buy Routing strategies that do not access all Section VI of the Plan, and to comply (sell) order will be re-priced and Protected Quotations include all other with the Trading Pauses specified in displayed at the price of the Upper routing strategies listed in current Rule Section VII of the Plan. (Lower) Price Band. If the Upper 11.9(b)(3). (Lower) Price Band moves higher Applicability of the Plan to Specific Routing strategies that access all (lower) than the EDGA Only/Post Only Order Types Protected Quotations (other than SWPA, buy (sell) Order’s posting price, such The following examples and SWPB and SWPC) are designed to buy (sell) order will not be adjusted descriptions demonstrate how Rules maximize liquidity with the intention to further and will remain at the original 11.9(a)(3)(A)–(C), as described above, fully execute a marketable order. price at which it was posted to the will affect specific order functionality Routing strategies that do not access all EDGA Book. under the Plan. Protected Quotations are designed with Example 1: EDGA Only/Post Only Order is other objectives in mind and are not as Immediate-or-Cancel (‘‘IOC’’) Orders entered into the System at a Price that likely to fully execute a marketable Crosses the Price Bands As described in proposed Rule order because of the smaller number of 11.9(a)(3)(A), IOC Orders will be Assume the NBBO is $10.00 by $10.10 and the Price Bands are $9.95 by $10.08. An liquidity sources accessed. For example, executed to the extent allowed within EDGA Only/Post Only buy Order arrives at routing strategy ROUZ, which does not the Price Bands, and the portion not so $10.09. The buy order will be re-priced, access all Protected Quotations, will executed will be cancelled. displayed and posted to the EDGA Book at only access dark pools after interacting In general, IOC and IOC Intermarket $10.08, the price of the Upper Price Band. with the EDGA Book and then post any 21 Sweep Orders (‘‘IOC ISO’’) will be Example 2: Price Band Moves Higher remainder to the EDGA Book unless handled the same way when the Price Than EDGA Only/Post Only Buy Order on otherwise instructed by the User. Bands are inside of the NBBO. Buy IOC/ the EDGA Book IOC ISOs will be executed up to the Assume the same facts as in Example 1, but If a marketable order utilizing a Upper Price Band and the remainder now the Price Bands adjust to $9.95 by routing strategy that accesses all will be canceled back to the User. Sell $10.10. The buy order will not be adjusted Protected Quotations cannot be further and will instead remain on the EDGA IOC/IOC ISOs will be executed down to executed because the Upper (Lower) Book at $10.08, the original price at which Price Band crosses the NBO (NBB) (i.e., the Lower Price Band and the remainder it was posted to the EDGA Book. will be canceled back to the User. IOC the NBO/NBB is non-executable), the ISOs will be prevented from executing Changes in Routing Behavior To Exchange believes that, in order to at prices that cross the Price Bands Comply With the Plan fulfill the routing strategy’s objective of when the limit price of the ISO crosses The Exchange proposes to add Rule maximizing liquidity and fully a Price Band that is outside of the 11.9(b)(1)(B), which would describe executing a marketable order, it is NBBO. how routing will function under the appropriate to re-price such order up to the order’s limit price and re-route such Example 1: Sell IOC Order Executes Down Plan and would be divided into three to the Lower Price Band major subsections, detailed under the order once the Upper (Lower) Price Assume the NBBO is $10.00 by $10.10 and subheadings listed below. Band no longer crosses the NBO (NBB) the Price Bands are $10.04 by $10.15. Three (i.e., the NBO/NBB becomes orders are placed: Order1 to buy 100 shares Default Routing Behavior executable). at $10.02; Order2 to buy 100 shares at $10.04; The first major subsection, proposed Below are examples illustrating how and an IOC Order to sell 200 shares at $10.02. Rule 11.9(b)(1)(B)(i), would describe The IOC Order will execute 100 shares at default routing behavior will function in $10.04 against Order2 and the remaining 100 how default routing behavior would accordance with the Plan.23 function in accordance with the Plan shares will be cancelled back to the User. The Example: Buy Order Example where NBO IOC Order cannot execute against Order1 and would state that, in order to comply is Above the Upper Price Band because Order1 is priced below the Lower with the Plan, a routable buy (sell) Price Band. market or routable marketable limit Assume the NBBO is $10.00 by $10.10 and order will be routed by the Exchange the Price Bands are $9.95 by $10.05. Order1 Example 2: Sell IOC ISO Executes through arrives to buy 100 shares at $10.15; Order2 NBBO Down to the Lower Price Band only when the NBO (NBB) is or becomes arrives to buy 100 shares as a market order. Assume the NBBO is $10.00 by $10.10 and executable according to the Plan, which Neither Order1 nor Order2 will be routed the Price Bands are $9.99 by $10.15. Three would be when the NBO is less than or because no buy orders will be routed when orders are placed: Order1 to buy 100 shares equal to the Upper Price Band (NBB is the NBO is above the Upper Price Band. greater than or equal to the Lower Price 20 As defined in Rule 2.11(a). Band). According to the Plan, the NBO 21 ISO Orders are described in Exchange Rule 23 All of the below examples in this section on 11.5(d) and defined under Regulation NMS. See (NBB) is or becomes non-executable changes to the behavior of routable orders as a Securities Exchange Act Release No. 51808 (June 9, result of compliance with the Plan assume that 2005), 70 FR 37496 (June 29, 2005). 22 As defined in Rules 11.5(c)(4) and (5). there is no liquidity on the EDGA Book.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14397

Routable Market Orders Bands then change to $10.00 by $11.00. As If the Price Bands move up to $10.06 by a result, the market order is posted and $10.16 after the initial re-price, the order will Proposed Rule 11.9(b)(1)(B)(i) would displayed at its collar price of $10.50. be re-priced and displayed at $10.06. If the contain two minor subsections, the first Price Bands move down to $10.03 by $10.13 of which, proposed Rule Routable Limit Orders after the initial re-price, the order will be re- 11.9(b)(1)(B)(i)(I), would describe The second minor subsection, priced and displayed at $10.04, the original routing behavior under the Plan proposed Rule 11.9(b)(1)(B)(i)(II), would price at which it was posted to the EDGA applicable to routable market orders and describe routing behavior under the Book. would state that, for routing strategies Plan applicable to routable limit orders Re-Routing Behavior that access all Protected Quotations, if and would state that, if the price of (i) The second major subsection, the NBO (NBB) is Non-Executable and a routable buy (sell) limit order that is proposed Rule 11.9(b)(1)(B)(ii), would a buy (sell) market order is placed, the entered into the System or (ii) the describe how re-routing will function System will default to re-price such buy unfilled balance of such order returned under the Plan and would state that, for (sell) market order and display it at the from routing to away Trading Centers is routing strategies that access all price of the Upper (Lower) Price Band greater (less) than the Upper (Lower) Protected Quotations, when the Upper and will continue to re-price it to the Price Band and is ineligible for routing (Lower) Price Band adjusts such that the price of the Upper (Lower) Price Band as a result of the NBO (NBB) being or NBO (NBB) becomes executable, a as the Upper (Lower) Price Band having become Non-Executable, then routable buy (sell) market order or adjusts, so long as the buy (sell) market the System will default to re-price such marketable limit order will be eligible to order does not move above (below) its buy (sell) order and display it at the be re-routed by the Exchange. market collar price, as defined in Rule price of the Upper (Lower) Price Band, 11.5(a)(2), or alternatively, such buy or alternatively, it may be cancelled Example 1: Routing Buy Order when NBO (sell) market order may be cancelled pursuant to User instruction. For Becomes Executable pursuant to User instruction. For all routing strategies that access all Assume the NBBO is $10.00 by $10.10 and other routing strategies that do not the Price Bands are $9.94 by $10.09. A Protected Quotations, if the Upper routable buy market order arrives for 100 access all Protected Quotations, routable (Lower) Price Band subsequently moves market orders will not be re-priced and shares utilizing a routing strategy that above (below) the routable buy (sell) accesses all Protected Quotations (e.g., displayed at the price of the Upper order’s posting price, such routable ROUT).24 The buy order will not be routed (Lower) Price Band and will instead be order will continue to be re-priced to and will instead be posted and displayed at cancelled if the NBO (NBB) is Non- the Upper (Lower) Price Band until the $10.09. The Price Bands change to $9.95 by Executable. order reaches its limit price. For all $10.10. The order will be routed since the The rule further provides that if the other routing strategies that do not NBO is now executable. Upper (Lower) Price Band crosses a access all Protected Quotations, the Example 2: Routing Sell Order when NBB Becomes Executable routable buy (sell) order resting on the routable order will not be re-priced to a EDGA Book, such buy (sell) order will Assume the NBBO is $10.00 by $10.10 and price above (below) the original price at the Price Bands are $10.05 by $10.15. A be re-priced to the price of the Upper which it was posted to the EDGA Book. (Lower) Price Band. routable sell order arrives for 100 shares at The rule further provides that if the $9.99 utilizing a routing strategy that Example 1: Buy Market Order where NBO Upper (Lower) Price Band crosses a accesses all Protected Quotations (e.g., is Above Upper Price Band routable buy (sell) order resting on the ROUT). The sell order will be re-priced and Assume the NBBO is $10.00 by $10.10 and EDGA Book, such buy (sell) order will displayed at $10.05. The Price Bands then the Price Bands are $9.95 by $10.05. A be re-priced to the price of the Upper change to $9.98 by $10.10. The sell order will routable buy market order arrives for 100 be routed since the NBB is now executable. shares utilizing a routing strategy that (Lower) Price Band. accesses all Protected Quotations (e.g., Example 1: Sell Limit Order that accesses Behavior of Orders Utilizing SWP ROUT). The buy order will not be routed as all Protected Quotations where NBB is Below Routing Strategies the NBO is Non-Executable (greater than the Lower Price Band The third and final major subsection, Upper Price Band) and will be posted and Assume the NBBO is $10.02 by $10.10 and Rule 11.9(b)(1)(B)(iii), would describe displayed at $10.05 or cancelled according to the Price Bands are $10.04 by $10.15. A the User’s instructions. routable sell order arrives for 100 shares at how orders utilizing routing strategies 25 If the Price Bands move up after the initial $10.01 utilizing a routing strategy that SWPA, SWPB and SWPC (together, re-price to $9.98 by $10.08, the buy order accesses all Protected Quotations (e.g., ‘‘SWP routing strategies’’) will function will be re-priced and displayed at $10.08. If ROUT). The sell order will not be routed and under the Plan and would state that the the Upper Price Band moves down after the will be posted and displayed at $10.04 or System will immediately cancel orders initial re-price to $9.92 by $10.02, the buy cancelled according to the User’s utilizing a SWP routing strategy when order will be re-priced and displayed at instructions. an order to buy utilizing an SWP routing $10.02. If the Price Bands move up after the initial In the same example, if the buy market strategy has a limit price that is greater re-price to $10.06 by $10.16, the order will than the Upper Price Band or if a sell order arrives for 100 shares utilizing a be re-priced to display at $10.06. If the Price routing strategy that does not access all Bands move down after the initial re-price to order utilizing an SWP routing strategy Protected Quotations, such as ROCO, then $10.03 by $10.13, the order will be re-priced has a limit price that is less than the the System will cancel the buy market order to display at $10.03. Lower Price Band. The following when the NBO is Non-Executable and will Example 2: Sell Limit Order that does not examples illustrate how an order not re-price and display the order at the price access all Protected Quotations utilizing a SWP routing strategy (an of the Upper Price Band. Assume the NBBO is $10.02 by $10.10 and ‘‘SWP order’’) would behave in Example 2: Market Order is Re-Priced to the Price Bands are $10.04 by $10.15. A accordance with the Plan: Market Collar Price as a Result of Movement routable sell order arrives for 100 shares at $10.01 utilizing a routing strategy that does of the Price Bands 24 If, for example, a routing strategy that does not Assume the NBBO is $10.00 by $11.00, the not access all Protected Quotations (e.g., access all Protected Quotations, such as ROUZ, is Price Bands are $9.05 by $10.05 and the last ROUZ). The sell order will not be routed and elected by the User, the order is not re-routed and sale was at $10.00. A market order arrives to will instead be posted and displayed at remains posted on the EDGA Book. buy 100 shares and is displayed at $10.05 $10.04 or cancelled according to the User’s 25 Rules 11.9(b)(3)(o), (p) and (q) define SWPA, with a market collar of $10.50. The Price instructions. SWPB and SWPC routing strategies, respectively.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14398 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Example 1: Buy SWP Limit Price Crosses subsections within Rule 11.9, as until the Upper Price Band no longer crosses the Upper Price Band (Price Band Inside the discussed in detail above. the midpoint of the NBBO. NBBO) Assume the NBBO is $10.00 by $10.10 and Mid-Point Peg Orders Mid-Point Discretionary Orders the Price Bands are $10.00 by $10.08. A SWP The Exchange proposes to amend order is placed to buy 100 shares at $10.10. The Exchange proposes to amend Rule 11.5(c)(7) to describe the behavior Rule 11.5(c)(17) to describe the behavior The order is rejected immediately because its of Mid-Point Discretionary Orders under $10.10 limit price crosses the Upper Price of Mid-Point Peg Orders 26 under the Band. Plan. the Plan. Example 2: Buy SWP Limit Price Crosses The Exchange believes that, when a The Exchange believes that, when a the Upper Price Band (Price Band Outside Protected Quotation 27 is crossed by the Protected Quotation is crossed by the the NBBO) Price Bands and all Trading Centers Price Bands and all Trading Centers Assume the NBBO is $10.00 by $10.10 and have not yet replaced their quotes to re- have not yet replaced their quotes to re- the Price Bands are $9.95 by $10.11. A SWP align them with the Price Bands, the order is placed to buy 100 shares at $10.12. align them with the Price Bands, the integrity of the NBBO is compromised. integrity of the NBBO is compromised. The order is rejected immediately because its In such circumstances, the Exchange $10.12 limit price crosses the Upper Price In such circumstances, the Exchange Band. believes that it is fair and reasonable to believes that it is fair and reasonable to Example 3: Buy SWP Limit Price is the shut down all midpoint trading until the shut down all midpoint trading until the same as the price of the Upper Price Band Protected Quotation is no longer crossed Protected Quotation is no longer crossed (Price Band Outside the NBBO) by the Price Bands. Pursuant to Rule by the Price Bands. Pursuant to Rule Assume the NBBO is $10.00 by $10.10 and 11.9(a)(3), Mid-Point Discretionary the Price Bands are $9.95 by $10.11. A SWP 11.9(a)(3), Mid-Point Peg Orders will not trade with any other orders when (i) Orders will only execute at their order is placed to buy 100 shares at $10.11. displayed prices and not within their The order is executed and ISOs can be routed the price of the Upper Price Band moves out since the limit price of $10.11 is equal below an existing Protected Bid; 28 or (ii) discretionary ranges when (i) the price to the Upper Price Band. the Lower Price Band moves above an of the Upper Price Band moves below existing Protected Offer.29 Mid-Point an existing Protected Bid; or (ii) the Miscellaneous Organizational Lower Price Band moves above an Amendments to Rule 11.9 Peg Orders will resume trading against other orders when the conditions in (i) existing Protected Offer. Mid-Point The Exchange proposes to add Rule or (ii) no longer exist. Discretionary Orders will resume 11.9(a)(1) (Compliance with Regulation trading against other orders in their SHO), which would contain unchanged Example 1: Mid-Point Peg Order Does Not discretionary range when the conditions text from current Rule 11.9(a) relevant Trade when Upper Price Band Crosses in (i) or (ii) no longer exist. Protected Bids from other Exchanges to compliance with Regulation SHO. Assume the NBBO is $10.00 by $10.01 and Example 1: Two Mid-Point Discretionary The Exchange proposes to add Rule the Price Bands are $9.02 by $10.02. The best Orders Do Not Trade with Each Other when 11.9(a)(2) (Compliance with Regulation bids are $10.00 at NYSE, $10.00 at BATS and Upper Price Band Crosses Protected Bids NMS), which would contain unchanged $9.95 at ARCA. Order1 is placed to Sell 100 Assume the NBBO is $10.00 by $10.01 and text from current Rule 11.9(a) relevant shares at $9.95 as a Mid-Point Peg Order. The the Price Bands are $9.50 by $10.02. The best to compliance with Regulation NMS. Price Bands then change to $8.99 by $9.99 bids on other exchanges are $10.00 at NYSE, The Exchange proposes to re-number and the NBBO changes to $9.95 by $10.01 $10.00 at BATS and $9.95 at Arca. Order1 to (BATS and NYSE’s best bids are excluded buy 100 shares at $10.05 is placed as a Mid- current Rule 11.9(a)(1) (Execution Point Discretionary Order. The Price Bands against EDGA Book) to new Rule from the NBBO by the SIP and neither exchange has yet submitted new quotes to then change to $9.50 by $9.99. The NBBO 11.9(a)(4). The text of the rule would the SIP). Order2 is placed to Buy 100 shares changes to $9.95 by $10.01 (BATS’ and remain unchanged. at $9.99. Order2 does not trade with Order1 NYSE’s best bids are excluded from the The Exchange proposes to rename and remains posted to the EDGA Book at NBBO by the SIP and neither exchange has current Rule 11.9(b) (Execution and $9.99. yet submitted new quotes to the SIP). Order2 Routing) to Rule 11.9(b) (Routing). The Mid-Point Peg Orders will continue to to sell 100 shares at $9.95 is placed as a Mid- Exchange proposes to add Rule execute at the midpoint of the NBBO or at Point Discretionary Order. Order1 and 11.9(b)(1), which would contain text in prices better than the midpoint of the NBBO Order2 do not trade and Order2 is instead posted on the EDGA Book. current Rule 11.9(b)(2) with regard to as long as the execution price is within the Upper and Lower Price Bands. Example 2: Mid-Point Discretionary Orders routing to away trading centers. The text Do Not Trade in their Discretionary Ranges of the rule will remain unchanged aside The Exchange notes that Mid-Point Peg Orders cannot trade with other Mid-Point Peg when Upper Price Band Crosses Top of Book Bids from updated cross references. The Orders when the Upper (Lower) Price Band Assume the NBBO is $10.00 by $10.01 and Exchange also proposes to add Rule is crossing the midpoint of the NBBO. the Price Bands are $9.02 by $10.02. The best 11.9(b)(1)(A), which would contain Example 2: Mid-Point Peg Orders Cannot bids on other exchanges are $10.00 at NYSE, unchanged text in current Rule Trade when the Price Band is Crossing the $10.00 at BATS and $9.95 at ARCA. Order1 11.9(b)(2) relevant to Regulation SHO. Midpoint of the NBBO to Sell 100 shares at $9.95 is placed as a Mid- Assume the NBBO is $10.00 by $10.10 and The Exchange proposes to add new Point Discretionary Order. The Price Bands the Price Bands are $10.00 by $10.04. A Mid- Rules 11.9(b)(1)(C) and (D), which then change to $8.99 by $9.99. The NBBO Point Peg Order is placed to buy 100 shares would contain the unchanged text of changes to $9.95 by $10.01 (BATS’ and at $11.00 and posted at $10.05. A Mid-Point current Rules 11.9(b)(2)(A) and (B), NYSE’s best bids are excluded from the Peg Order is placed to sell 100 shares at NBBO by the SIP and neither exchange has respectively. Lastly, the Exchange $10.00. The Mid-Point Peg Orders cannot proposes to re-number current Rule yet submitted new quotes to the SIP). Order2 trade at $10.05 because the Upper Price Band to Buy 100 shares at $9.98 entered. Order1 11.9(b)(3) to new Rule 11.9(b)(2). The is crossing the midpoint of the NBBO. Both text of the rule will remain unchanged. and Order2 do not trade and Order2 is orders will stay on the EDGA Book at $10.05. instead posted on the EDGA Book at $9.98. No execution will occur between the orders Orders and Modifiers (Rule 11.5) Mid-Point Discretionary Orders’ discretionary ranges will be shortened to the The Exchange proposes to amend 26 As defined in Rule 11.5(c)(7). price of the Price Bands, as necessary. cross references in Rules 11.5(a)(2), 27 As defined in Rule 11.5(v). Example 3: Mid-Point Discretionary 11.5(c)(4)–(10), and 11.5(d)(1) in 28 As defined in Rule 11.5(v). Order’s Discretionary Range is shortened due response to the re-numbering of 29 As defined in Rule 11.5(v). to Price Band

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14399

Assume the NBBO is $10.00 by $10.08 and shares at $10.08 and then Order2 arrives to general, to protect investors and the the Price Bands are $9.95 by $10.03. Three buy 100 shares at $10.05. The Price Bands public interest. The Exchange believes orders are placed: Order1, a Mid-Point change to $9.95 by $10.05 and Order1 is re- that the proposed rule change meets Discretionary Order to buy 100 shares at priced to $10.05 as a result of the adjustment these requirements in that it seeks to $10.08; Order2 to sell 100 shares at $10.04; of the Upper Price Band. Order3 is then and Order3 to sell 100 shares at $10.03. No placed to sell 100 shares at $10.05. Order1 promote the efficient execution of trade can occur between the Mid-Point will trade with Order3 because it retains its investor transactions, and thus Discretionary Order (Order 1) and Order2 priority based on its existing time stamp at strengthen investor confidence, over the because $10.04 is outside of the Upper Price the time the new Price Bands were long term by providing additional Band. Order3 will trade with the Mid-Point established. When the Price Bands adjusted, transparency regarding the order Discretionary Order (Order 1) at $10.03 both Order1 and Order2 obtained new time handling procedures employed by the because Order3 is within the Price Bands. stamps and retained priority based on the Exchange and certain obligations of time stamps that existed relative to one Members when sending orders to the Priority of Orders (Rule 11.8) another at the time the new Price Bands were established. Exchange consistent with the Plan. The The Exchange proposes to add new Exchange also believes that the Rule 11.8(a)(8), which would state that Definitions (Rule 1.5) proposed amendments to Rules 11.8 and when a Price Band crosses an order The Exchange proposes to add new 11.9 will assist Users in executing or resting on the EDGA Book, such order Rule 1.5(gg), which would define the displaying their orders consistent with will be provided a new time stamp 30 term the ‘‘Plan’’ to mean The National the Plan, especially under fast moving and prioritized based on its existing Market System Plan to Address conditions where the Price Bands and time stamp at the time the new Price Extraordinary Market Volatility as well NBBO are quickly updating. In addition, Bands are established. Furthermore, if as state that a number of terms used in Users can choose to use an IOC Order an order is resting on the Book at a price the Rules and related to the Plan shall or opt out of certain default re-pricing equal to the Upper (Lower) Price Band, have the definitions and meanings processes, as described in proposed such order will not be re-priced, but ascribed to them under the Plan. Rules 11.9(b)(3) and 11.9(b)(1)(B)(i)(I– will be provided a new time stamp and II), that re-price a buy (sell) order to the prioritized based on its existing time Trading Halts Due to Extraordinary price of the Upper (Lower) Price Band. stamp at the time the new Price Bands Market Volatility (Rule 11.14) If Users choose to do so, the Exchange are established. The Exchange proposes to amend will instead cancel their orders instead The Exchange views this method of Rule 11.14(d) (individual stock trading as per User instructions. retaining priority based on time as being pauses) to explain how the rule will the method that is most fair to its operate during the phased B. Self-Regulatory Organization’s Members and subject to the least implementation of the Plan. Currently, Statement on Burden on Competition amount of manipulation. The Exchange under Rule 11.14(d), if a primary listing The Exchange does not believe that believes that time priority is a superior market issues an individual stock the proposed rule change will impose approach to price priority because trading pause in any NMS stock, the any burden on competition that is not under a time priority approach, it would Exchange will pause trading in that necessary or appropriate in furtherance be more difficult for certain Members to security until trading has resumed on of the purposes of the Act. The price their orders on the EDGA Book in the primary listing market. If, however, Exchange believes that its rules are a way that gives them a potential trading has not resumed on the primary comparable, in part, with re-pricing and priority advantage when such orders are listing market and ten minutes have cancellation processes offered by other subsequently re-priced by a Price Band passed since the individual stock exchanges in response to the Plan. The crossing the price at which such orders trading pause message has been Exchange also believes that there is no reside on the Book. received from the responsible single impact on competition as analogous rule The following examples demonstrate plan processor, the Exchange may changes are being filed by all how order priority will be affected by resume trading in such stock. During Participants to the Plan and the Plan the Plan. Phase 1 of the Plan, an individual stock itself was developed and jointly filed by Example 1: Price Band Crosses Orders trading pause in Tier 1 NMS Stocks that all Participants in the first instance. Resting on the EDGA Book are subject to the requirements of the Assume the NBBO is $10.00 by $10.10 and Plan shall be subject to the Plan. Tier 1 C. Self-Regulatory Organization’s the Price Bands are $9.95 by $10.15. Two NMS Stocks not yet subject to the Statement on Comments on the orders are placed: Order1 arrives to buy 100 requirements of the Plan and Tier 2 Proposed Rule Change Received From shares at $10.05 and then Order2 arrives to NMS Stocks shall be subject to the Members, Participants, or Others buy 100 shares at $10.08. The Price Bands The Exchange has neither solicited change to $9.95 by $10.05 and Order2 is re- requirements set forth in paragraph (d) priced to $10.05 as a result of the adjustment of Rule 11.14. Once the Plan has been nor received written comments on the of the Upper Price Band. Order3 is then fully implemented and all NMS stocks proposed rule change. placed to sell 100 shares at $10.05. Order1 are subject to the Plan, Rule 11.14(d) III. Date of Effectiveness of the will trade with Order3. Initially, Order2 will will no longer apply. Proposed Rule Change and Timing for have price priority while the Price Bands are outside of the NBBO. However, after the 2. Statutory Basis Commission Action Price Bands adjust, Order1 will have priority The statutory basis for the proposed The Exchange has filed the proposed based on its existing time stamp at the time rule change is Section 6(b)(5) of the rule change pursuant to Section the new Price Bands were established. Act,31 which requires the rules of an 19(b)(3)(A)(iii) of the Act 32 and Rule Example 2: Price Band Crosses Orders exchange to promote just and equitable 19b–4(f)(6) thereunder.33 Because the Resting on the EDGA Book Assume the NBBO is $10.00 by $10.10 and principles of trade, to remove 32 15 U.S.C. 78s(b)(3)(A)(iii). the Price Bands are $9.95 by $10.15. Two impediments to and perfect the mechanism of a free and open market 33 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– orders are placed: Order1 arrives to buy 100 4(f)(6) requires the Exchange to give the and a national market system and, in Commission written notice of the Exchange’s intent 30 A new time stamp enables the Exchange’s to file the proposed rule change, along with a brief System to record every time an order is re-priced. 31 15 U.S.C. 78f(b)(5). Continued

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14400 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

proposed rule change does not: (i) rules/sro.shtml). Copies of the Therefore, it is ordered, pursuant to significantly affect the protection of submission, all subsequent Section 12(k) of the Securities Exchange investors or the public interest; (ii) amendments, all written statements Act of 1934, that trading in the impose any significant burden on with respect to the proposed rule securities of the above-listed company is competition; and (iii) become operative change that are filed with the suspended for the period from 9:30 a.m. prior to 30 days from the date on which Commission, and all written e.s.t., on March 1, 2013 through 11:59 it was filed, or such shorter time as the communications relating to the p.m. e.d.t., on March 14, 2013. Commission may designate, if proposed rule change between the By the Commission. consistent with the protection of Commission and any person, other than Elizabeth M. Murphy, investors and the public interest, the those that may be withheld from the Secretary. proposed rule change has become public in accordance with the [FR Doc. 2013–05147 Filed 3–1–13; 11:15 am] effective pursuant to Section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be of the Act and Rule 19b–4(f)(6)(iii) available for Web site viewing and BILLING CODE 8011–01–P thereunder. printing in the Commission’s Public At any time within 60 days of the Reference Room, 100 F Street NE., filing of such proposed rule change, the Washington, DC 20549, on official DEPARTMENT OF STATE Commission summarily may business days between the hours of [Public Notice 8214] temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such it appears to the Commission that such filing also will be available for Shipping Coordinating Committee; action is necessary or appropriate in the inspection and copying at the principal Notice of Committee Meeting public interest, for the protection of office of the Exchange. All comments investors, or otherwise in furtherance of The Shipping Coordinating received will be posted without change; Committee (SHC) will conduct an open the purposes of the Act. If the the Commission does not edit personal Commission takes such action, the meeting for the International Maritime identifying information from Organization’s Marine Environment Commission shall institute proceedings submissions. You should submit only under Section 19(b)(2)(B) of the Act 34 to Protection Committee (MEPC). information that you wish to make The meeting will be held at 9:30 a.m. determine whether the proposed rule available publicly. All submissions on Wednesday, May 8, 2013, in Room change should be approved or should refer to File No. SR–EDGA– 2501 of the United States Coast Guard disapproved. 2013–08 and should be submitted on or Headquarters Building, 2100 Second IV. Solicitation of Comments before March 26, 2013. Street SW., Washington, DC, 20593. The Interested persons are invited to For the Commission, by the Division of primary purpose of the meeting is to submit written data, views, and Trading and Markets, pursuant to delegated prepare for the sixty-fifth session of the 35 arguments concerning the foregoing, authority. International Maritime Organization’s including whether the proposed rule Kevin M. O’Neill, Marine Environment Protection change is consistent with the Act. Deputy Secretary. Committee (MEPC 65) to be held at the Comments may be submitted by any of [FR Doc. 2013–05003 Filed 3–4–13; 8:45 am] International Maritime Organization in the following methods: BILLING CODE 8011–01–P London, United Kingdom from May 13 to 17, 2013. Electronic Comments The primary matters to be considered • Use the Commission’s Internet SECURITIES AND EXCHANGE include the following: comment form (http://www.sec.gov/ COMMISSION —Harmful aquatic organisms in ballast water; rules/sro.shtml); or [File No. 500–1] • Send an email to rule- —Recycling of ships; [email protected]. Please include File Southern USA Resources, Inc., Order —Air pollution and energy efficiency; —Reduction of GHG emissions from No. SR–EDGA–2013–08 on the subject of Suspension of Trading line. ships; March 1, 2013. —Consideration and adoption of Paper Comments It appears to the Securities and amendments to mandatory • Send paper comments in triplicate Exchange Commission that there is a instruments; to Elizabeth M. Murphy, Secretary, lack of current and accurate information —Interpretation of, and amendments to, Securities and Exchange Commission, concerning the securities of Southern MARPOL and related instruments; —Implementation of the OPRC 100 F Street NE., Washington, DC USA Resources, Inc. (‘‘Southern USA’’) Convention and the OPRC–HNS 20549–1090. because of questions regarding the Protocol and relevant Conference All submissions should refer to File No. accuracy of publicly-disseminated SR–EDGA–2013–08. This file number resolutions; information concerning, among other —Identification and protection of should be included on the subject line things: (1) the company’s operations; Special Areas and Particularly if email is used. To help the and (2) the company’s outstanding Sensitive Sea Areas; Commission process and review your shares. Southern USA’s securities are —Inadequacy of reception facilities; comments more efficiently, please use quoted on the OTC Link, operated by —Reports of sub-committees; only one method. The Commission will OTC Markets Group Inc., under the —Work of other bodies; post all comments on the Commission’s ticker symbol ‘‘SUSA.’’ —Harmful anti-fouling systems for Internet Web site (http://www.sec.gov/ The Commission is of the opinion that ships; the public interest and the protection of —Promotion of implementation and description and text of the proposed rule change, investors require a suspension of trading enforcement of MARPOL and related at least five business days prior to the date of filing in the securities of the above-listed instruments; of the proposed rule change, or such shorter time as designated by the Commission. The Exchange company. —Technical co-operation activities for has satisfied this requirement. the protection of the marine 34 15 U.S.C. 78s(b)(2)(B). 35 17 CFR 200.30–3(a)(12). environment;

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14401

—Role of the human element; ACTION: Notice of Commercial Space d. What type of medical kit should be —Noise from commercial shipping and Transportation Advisory Committee recommended? its adverse impacts on marine life; Teleconference. e. What type of flight crew medical training should be recommended? —Work program of the Committee and SUMMARY: Pursuant to Section 10(a)(2) of subsidiary bodies; f. How do the answers to these the Federal Advisory Committee Act questions depend on whether a flight is —Application of the Committees’ (Pub. L. 92–463, 5 U.S.C. App. 2), notice sub-orbital or orbital? Guidelines; is hereby given of two teleconferences of (2) Communications and —Election of the Chairman and Vice- the Systems Working Group of the Commanding Best Practices for Chairman for 2014. Commercial Space Transportation Minimum Level of Safety. To date, Advisory Committee (COMSTAC). Members of the public may attend communications (voice, telemetry and DATES: this meeting up to the seating capacity The teleconferences will take command) have been an important of the room. To facilitate the building place on Thursday, March 21, 2013, and element in every human spaceflight security process and to request Tuesday, April 16, 2013. Both mission and the FAA would like to reasonable accommodation, those who teleconferences will begin at 1:00 p.m. explore industry best practices in this plan to attend should contact the Eastern Time and will last area. We will discuss the following meeting coordinator, Ms. Regina approximately one hour. The questions from a guidance perspective: Bergner not later than Monday, April presentation and call-in number will be a. Should vehicle-to-ground 29, 2013, 10 days prior to the meeting. posted at least one week in advance at communications be considered a critical Contact should be made by email at http://www.ast.faa.gov/. function? [email protected]; by phone at FOR FURTHER INFORMATION CONTACT: Paul b. What would be the appropriate (202) 372–1431; or in writing to Ms. Eckert (AST–3), Office of Commercial coverage for the different phases of Regina Bergner, Commandant (CG– Space Transportation (AST), 800 flight (prelaunch, ascent, orbit, entry, OES–3), U.S. Coast Guard Headquarters, Independence Avenue SW., Room 331, post-landing and aborts)? 2100 2nd Street SW., STOP 7126, Washington, DC 20591, telephone (202) c. Should ground voice, telemetry, or Washington, DC 20593–7126. Requests 267–8655; Email [email protected]. commanding be allowed to serve as a made after April 29, 2013, might not be Complete information regarding part of a hazard control? able to be accommodated. Please note COMSTAC is available on the FAA Web d. When would intra-vehicle voice that due to security considerations, two site at: http://www.faa.gov/about/ communication be recommended? _ _ valid government-issued photo office org/headquarters offices/ast/ e. Should a minimum threshold be set _ identifications must be presented to advisory committee/. for intelligibility level? What would it gain entrance to the Headquarters SUPPLEMENTARY INFORMATION: The be? building. The Headquarters building is purpose of these two teleconferences is f. When would ground monitoring of accessible by taxi and privately owned to assist the FAA in its development of telemetry and ground control be conveyance (public transportation is not guidelines for the safety of occupants of recommended? generally available). Public parking is commercial suborbital and orbital g. What should be included in the available in the vicinity of the spacecraft. In a Federal Register notice telemetry, and how often should it Headquarters building. Additional dated July 30, 2012, the FAA announced update? information regarding this and other its desire to engage with COMSTAC on h. Should encryption be required for IMO SHC public meetings may be found a periodic basis, approximately once per critical commands? at: www.uscg.mil/imo. Electronic copies month, on specific topics. Six Interested members of the public may of documents associated with the 65th teleconferences have been held to date. submit relevant written statements for Session of MEPC will be available at the The two teleconferences announced the COMSTAC working group members public meeting or by request prior to the today are the last two planned until the to consider under the advisory process. meeting. U.S. citizens may request FAA issues draft guidelines. The topics Statements may concern the issues and copies of MEPC documents prior to the for the two teleconferences are as agenda items mentioned above or meeting by contacting Ms. Regina follows: additional issues that may be relevant Bergner using the information provided (1) Medical Best Practices for Crew for the U.S. commercial space above. and Space Flight Participants. We transportation industry. Interested Dated: February 14, 2013. would like to explore industry views on parties wishing to submit written medical best practices for occupant statements should contact Paul Eckert, Brian W. Robinson, safety, to include ensuring that safety Designated Federal Officer (the person Executive Secretary, Shipping Coordinating critical operations personnel and listed in the FOR FURTHER INFORMATION Committee. spaceflight participants are physically CONTACT section), in writing (mail or [FR Doc. 2013–05073 Filed 3–4–13; 8:45 am] capable of performing safety critical email) by March 14, 2013 for the March BILLING CODE 4710–09–P tasks. We would like to discuss the 21 teleconference, and April 9, 2013 for following questions from a guidance the April 16 teleconference. This way perspective: the information can be made available a. What is the appropriate level of to COMSTAC members for their review DEPARTMENT OF TRANSPORTATION medical screening for safety critical and consideration before each Federal Aviation Administration operations personnel? teleconference. Written statements b. What is the appropriate level of should be supplied in the following Commercial Space Transportation medical screening for spaceflight formats: one hard copy with original Advisory Committee; Public participants? signature or one electronic copy via Teleconference c. Should there be medical criteria for email. ending a flight early due to crew or Individuals who plan to participate AGENCY: Federal Aviation spaceflight participant illness or and need special assistance should Administration (FAA), DOT. medical emergency? inform the person listed in the FOR

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14402 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

FURTHER INFORMATION CONTACT section see the Public Participation heading information concerning the in advance of the meeting. below. Note that all comments received qualifications of the driver to operate a Issued in Washington, DC, on February 27, will be posted without change to CMV. The information on each CMV 2013. www.regulations.gov, including any driver is maintained in a driver George C. Nield, personal information provided. Please qualification (DQ) file. In some see the Privacy Act heading below. instances, such as during the job Associate Administrator for Commercial • Space Transportation. Docket: For access to the docket to application process, the motor carrier read background documents or [FR Doc. 2013–05066 Filed 3–4–13; 8:45 am] must obtain the required information comments received, go to from the CMV driver. Other sections of BILLING CODE 4910–13–P www.regulations.gov, and follow the the DQ file regulations require the motor online instructions for accessing the carrier to contact the driver’s State of DEPARTMENT OF TRANSPORTATION dockets, or go to the street address listed licensure for a copy of that driver’s above. official driving record. In other cases, Federal Motor Carrier Safety • Privacy Act: Anyone is able to such as the background safety Administration search the electronic form of all investigation of the driver, the motor comments received into any of our carrier, with the driver’s consent, must [Docket No. FMCSA 2013–0058] dockets by the name of the individual contact previous employers of the driver Agency Information Collection submitting the comment (or signing the to obtain the required information. The Activities; Extension of a Currently comment, if submitted on behalf of an information in a driver’s DQ file is not Approved Collection: Driver association, business, labor union, etc.). forwarded to the FMCSA. However, the Qualification Files You may review the Department of DQ file must be made available to State Transportation’s (DOT) complete and Federal safety investigators on AGENCY: Federal Motor Carrier Safety Privacy Act Statement for the Federal demand. Administration (FMCSA), DOT. Docket Management System published Title: Driver Qualification Files. ACTION: Notice and request for in the Federal Register on December 29, OMB Control Number: 2126–0004. comments. 2010 (75 FR 82133). Type of Request: Extension of a • Public Participation: The Federal currently approved ICR. SUMMARY: In accordance with the eRulemaking Portal is available 24 Respondents: Interstate motor carriers Paperwork Reduction Act of 1995, hours each day, 365 days each year. You and drivers. FMCSA announces its plan to submit can obtain electronic submission and Estimated Number of Respondents: the Information Collection Request (ICR) retrieval help and guidelines under the 42,567,200. described below to the Office of ‘‘help’’ section of the Federal Estimated Time per Response: An Management and Budget (OMB) for its eRulemaking Portal Web site. If you average of 28 minutes. review and approval, and invites public want us to notify you that we received Expiration Date: May 31, 2013. comment. The FMCSA provides an your comments, please include a self- Frequency of Response: Most of the updated estimate of the number of CMV addressed, stamped envelope or responses occur on an infrequent basis, drivers who are required to provide postcard, or print the acknowledgement such as when a motor carrier hires a information under the driver page that appears after submitting CMV driver, or when a motor carrier qualification (DQ) file regulations, and comments online. Comments received conducts the required annual review of of the overall information collection after the comment closing date will be the driver’s DQ file. burden imposed by those regulations. included in the docket and will be Estimated Total Annual Burden: DATES: We must receive your comments considered to the extent practicable. 5,236,866 hours [4,908,333 hours for on or before May 6, 2013. FOR FURTHER INFORMATION CONTACT: Mr. driver hiring + 237,333 hours for annual ADDRESSES: You may submit comments Thomas Yager, Chief, Driver and Carrier review of driver qualifications + 91,200 identified by Federal Docket Operations Division, Office of Bus and hours for driver review and rebuttal of Management System Number FMCSA Truck Standards and Operations, safety performance history = 5,236,866]. 2013–0058 using one of the following Federal Motor Carrier Safety FMCSA arrives at this estimate by methods: Administration, 1200 New Jersey summing the estimated times required • Federal eRulemaking Portal: http:// Avenue SE., Washington, DC 20590– for each of 10 regulatory requirements www.regulations.gov. Follow the online 0001. Telephone: 202–366–4325. Email: related to the DQ file. instructions for submitting comments. [email protected]. Definitions • Fax: 1–202–493–2251. SUPPLEMENTARY INFORMATION: • Mail: Docket Management Facility; (1) ‘‘Federal Motor Carrier Safety U.S. Department of Transportation, 1200 Background Regulations’’ (FMCSRs) are parts 350– New Jersey Avenue SE., West Building, The Motor Carrier Safety Act of 1984 399 of Title 49 of the Code of Federal Ground Floor, Room W12–140, 20590– [Pub. L. 98–554, Title II, 98 Stat. 2834 Regulations. (2) ‘‘Commercial Motor 0001. (October 30, 1984)] requires the Vehicle’’ (CMV) is ‘‘a self-propelled or • Hand Delivery or Courier: West Secretary of Transportation to issue towed vehicle used on the highways in Building, Ground Floor, Room W12– regulations pertaining to commercial interstate commerce to transport 140, 1200 New Jersey Avenue SE., motor vehicle (CMV) safety. These passengers or property, if the vehicle— Washington, DC between 9 a.m. and 5 regulations are also issued under the (A) has a gross vehicle weight rating p.m., e.t., Monday through Friday, authority provided by 49 U.S.C. 504, or gross combination weight rating, or except Federal holidays. 31133, 31136, 31502 and 49 CFR 1.87. gross vehicle weight or gross • Instructions: All submissions must Motor carriers must ensure that the combination weight, of at least 10,001 include the Agency name and docket drivers they place in interstate pounds, whichever is greater; number. For detailed instructions on commerce are qualified to operate their (B) Is designed or used to transport submitting comments and additional assigned CMV. Motor carriers must more than 8 passengers (including the information on the exemption process, obtain and maintain specified driver) for compensation;

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14403

(C) is designed or used to transport places an unreasonable burden on commercial driver’s license (CDL) more than 15 passengers, including the interstate commerce. endorsement that allows the driver to driver, and is not used to transport DATES: This decision is effective April 4, haul metal coils in the issuing State; or passengers for compensation; or 2013. (3) obtain a Metal Coil Certificate from (D) is used in transporting material FOR FURTHER INFORMATION CONTACT: a motor carrier authorized by the found by the Secretary of Transportation Genevieve D. Sapir, Office of the Chief Alabama Department of Public Safety to be hazardous under section 5103 of Counsel, Federal Motor Carrier Safety (ADPS) to issue the Certificate, which this title and transported in a quantity Administration, 1200 New Jersey would require the carrier’s safety requiring placarding under regulations Avenue SE., Washington, DC 20590, compliance officer to submit a notarized prescribed by the Secretary under (202) 366–7056; email affidavit that he/she has personal section 5103.’’ (49 CFR 390.5.) [email protected]. knowledge that the carrier requires every driver to be trained in the Public Comments Invited SUPPLEMENTARY INFORMATION: requirements of 49 CFR 393.120 before FMCSA requests that you comment Electronic Access hauling metal coils. Federal regulations on any aspect of this information You may see all the comments online for securing metal coil loads, codified in collection, including: (1) Whether the 49 CFR 393.120, do not require any such proposed collection is necessary for through the Federal Document Management System (FDMS) at http:// driver certification. FMCSA to perform its functions, (2) the In June 2011, Alabama amended the accuracy of the estimated burden, (3) www.regulations.gov. Docket: For access to the docket to Act, rescinding the requirement that ways for the FMCSA to enhance the read background documents or drivers carry copies of their metal coil quality, usefulness, and clarity of the comments, go to http:// load securement certification in their collected information, and (4) ways that www.regulations.gov at time or Room vehicles. Currently, the Act continues to the burden could be minimized without W12–140 on the ground level of the require drivers to obtain certification, as reducing the quality of the collected West Building, 1200 New Jersey Avenue specified in Alabama Promulgated Rule information. The agency will summarize SE., Washington, DC, between 9 a.m. No. 760–X–1–.16, but drivers are no or include your comments in the request and 5 p.m., Monday through Friday, longer required to produce the for OMB’s clearance of this information except Federal holidays. The FDMS is certification upon demand. collection. available 24 hours each day, 365 days FMCSA and ATA Responses Issued on: February 26, 2013. each year. On June 26, 2009, FMCSA sent a letter Privacy Act: Anyone may search the G. Kelly Leone, to then-Governor Bob Riley of Alabama electronic form of all comments Associate Administrator, Office of Research stating that the Act appeared to be received into any of our dockets by the and Information Technology and Chief incompatible with the requirements of Information Officer. name of the individual submitting the FMCSA’s Motor Carrier Safety comment (or of the person signing the [FR Doc. 2013–05092 Filed 3–4–13; 8:45 am] Assistance Program. FMCSA also drew comment, if submitted on behalf of an BILLING CODE 4910–EX–P attention to two Federal laws association, business, labor union, etc.). authorizing preemption of State You may review DOT’s Privacy Act legislation (49 U.S.C. 14506 and 31141) DEPARTMENT OF TRANSPORTATION Statement for the Federal Docket and indicated that they might be Management System (FDMS) published applicable. The Agency urged State Federal Motor Carrier Safety in the Federal Register on December 29, Administration officials to work together with FMCSA 2010 (75 FR 82132). officials to resolve any conflict between [Docket No. FMCSA–2011–0318] Background State and Federal law. Governor Riley responded on August 26, 2009, Alabama Metal Coil Securement Act; The Metal Coil Securement Act explaining that the Act was adopted in Petition for Determination of The Act, adopted in 2009, prohibits a response to a number of accidents in Preemption motor carrier from transporting metal Alabama involving the transport of AGENCY: Federal Motor Carrier Safety coils in a movement that originates or metal coils. Governor Riley took the Administration (FMCSA), Department terminates in Alabama unless the driver position that Alabama’s metal coil load of Transportation (DOT). is certified in load securement (Ala. securement certification requirements ACTION: Order; Grant of Petition for Code § 32–9A–2(a)(4)a.). The law, as were not preempted by Federal law. Determination of Preemption. originally enacted, also required the On December 22, 2010, ATA driver to carry a copy of the certification petitioned FMCSA for a determination SUMMARY: FMCSA grants a petition in the vehicle and produce it upon that Alabama’s metal coil load submitted by the American Trucking demand (Ala. Code § 32–9A–2(a)(4)b.). securement certification requirements Associations (ATA) requesting a Maximum penalties for violating these and penalties create an unreasonable determination that the State of requirements include fines of between burden on interstate commerce and are Alabama’s Metal Coil Securement Act $5,000 and $10,000, jail time and/or a preempted under 49 U.S.C. 31141. ATA (the Act) is preempted by Federal law. court order prohibiting the driver from contended that Alabama’s requirement Federal law provides for preemption of operating a CMV in the State (Ala. Code that drivers obtain certification in metal State commercial motor vehicle (CMV) § 32–9A–4(d)—(g)). Alabama coil load securement is more stringent safety laws that are more stringent than Promulgated Rule No. 760–X–1–.16, than and incompatible with Federal Federal regulations and (1) Have no adopted on April 5, 2011, offers CMV metal coil safety regulations. safety benefit; (2) are incompatible with drivers three options to become certified In its December 22, 2010 letter, ATA Federal regulations; or (3) would cause in load securement: (1) Obtain a Metal also requested a determination that the an unreasonable burden on interstate Coil Certificate by taking and passing requirement that the driver carry the commerce. FMCSA has determined that the ‘‘Securing Metal Coils Course’’ certification and display it upon there is insufficient support for the available for $25.00 on the web site, demand is preempted by 49 U.S.C. claimed safety benefits and that the Act www.metalcoiltraining.com; (2) obtain a 14506. The recent amendment to the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14404 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Act, however, removed this reserved to the judgment of the Agency, there were eight metal coil spills in requirement, rendering this aspect of FMCSA sought comment on what effect, Jefferson County (i.e., the Birmingham ATA’s request moot. if any, Alabama’s metal coil load area) in the three years prior to adoption By letter dated January 25, 2011, the securement certification requirement of the Act and apparently none ADPS responded to ATA’s petition. has on interstate motor carrier thereafter. ADPS implied that there was ADPS acknowledged that the operations. FMCSA received thirteen a correlation between reduced crashes requirements of the Act are more comments in response. The five and the adoption of the Act, but that is stringent than Federal regulations, but comments opposing preemption easier to assume than to demonstrate. stated that the requirements should not included one each from an individual For example, other commenters be preempted because they have safety driver, a motor carrier, Advocates for observed that the majority of the metal benefits and do not place an Highway and Auto Safety (AHAS), the coil spills that occurred in Alabama unreasonable burden on interstate Alabama Trucking Association and the were at ‘‘Malfunction Junction,’’ a commerce. ADPS. The eight comments supporting particularly dangerous Interstate Applicable Law the preemption petition included four highway junction in Birmingham, and from motor carriers, and one each from that speed was a factor in many of these Section 31141 of title 49, United an owner-operator, ATA, an Alabama spills. They also commented that in States Code, prohibits States from aluminum coil producer and the Owner- 2007, the State reduced the speed limit enforcing a law or regulation on CMV Operators Independent Drivers at this junction in an effort to reduce safety that the Secretary of Association (OOIDA). crashes. Crashes typically have multiple Transportation (Secretary) has Commenters opposing the petition causes; determining the ‘‘basic’’ cause is determined to be preempted. To stated that the Act is appropriate therefore difficult, if not impossible. determine whether a State law or because there is a lack of Federal Identifying the reason or reasons for a regulation is preempted, the Secretary enforcement of training requirements; reduction in crashes is even more must decide whether a State law or cargo load securement is a leading cause problematic, especially when the annual regulation: (1) Has the same effect as a of crashes; and there have not been any number of incidents—like those regulation prescribed under 49 U.S.C. metal coil spills in Alabama since the involving metal coils in Alabama—is 31136, which is the authority for much Act was enacted. Commenters small enough to be affected significantly of the Federal Motor Carrier Safety supporting the petition stated that the by random variations. Given the variety Regulations (FMCSRs); (2) is less Act should be preempted because it is of factors that may have contributed stringent than such a regulation; or (3) simply an administrative requirement both to the occurrence of and reduction is additional to or more stringent than and does not have safety benefits; it in metal coil spills, attributing the such a regulation (49 U.S.C. imposes costs on the motor carrier and reduction to a single piece of legislation 31141(c)(1)). If the Secretary determines metal coil industries; it is likely to lead is unwarranted. that a State law or regulation has the to a proliferation of other State In addition, the Act’s requirements same effect as a regulation based on requirements with burdensome are largely administrative; Alabama § 31136, it may be enforced (49 U.S.C. cumulative effects; it unfairly affects does not test a driver’s skills in securing 31141(c)(2)). A State law or regulation less-than-truckload (LTL) carriers; and a load. As one commenter observed, in that is less stringent may not be safety risks other than improper load the case of the on-line certification enforced (49 U.S.C. 31141(c)(3)). And a securement (such as excessive speed at option, there is no way of determining State law or regulation the Secretary a crash-prone Interstate highway whether the person taking the test is determined to be additional to or more junction) are contributing factors to the even the driver being certified. In the stringent than a regulation based on coil spills cited as justification for the case of motor carrier certification § 31136 may be enforced unless the Act. option, individual drivers are not tested; Secretary decides that the State law or the motor carrier simply certifies that its Decision regulation (1) Has no safety benefit; (2) drivers have been trained in the Federal is incompatible with the regulation The Agency concludes that the Act regulations. In either case, all the driver prescribed by the Secretary; or (3) does not meet the standards set forth in or motor carrier is required to do is would cause an unreasonable burden on 49 U.S.C. 31141 and may not be demonstrate knowledge of Federal interstate commerce (49 U.S.C. enforced. The Act imposes certification regulations—knowledge the driver is 31141(c)(4)). To determine whether a requirements on interstate CMV drivers required to have in any case. (See 49 State law or regulation will cause an that are not required under FMCSA’s CFR 390.3(e)(1)–(2)). In short, the Act unreasonable burden on interstate regulations. As a result, and as the imposes costs on interstate carriers and commerce, the Secretary may consider ADPS has acknowledged, the Act drivers that are not commensurate with the cumulative effect that the State’s law imposes requirements more stringent any readily identifiable safety benefits. or regulation and all similar laws and than those imposed by Federal law. The Moreover, not preempting the Act regulations of other States will have on only remaining issue, therefore, is could have wide-ranging implications. interstate commerce (49 U.S.C. whether the Act (1) Has a safety benefit; For example, an individual driver 31141(c)(5)). The Secretary’s authority (2) is incompatible with FMCSA’s commented that he was required to under § 31141 is delegated to the regulations; or (3) would cause an obtain an Alabama Metal Coil Certificate FMCSA Administrator by 49 CFR unreasonable burden on interstate before being hired by a Minnesota-based 1.87(f). commerce. The Agency concludes that motor carrier. Although the carrier did there is insufficient support for the not haul coils into or out of Alabama, Comments claimed safety benefits and that the Act it apparently wanted to be prepared to FMCSA published a notice in the places an unreasonable burden on handle that kind of business should the Federal Register on November 23, 2011 interstate commerce. opportunity arise. Similarly, two LTL (76 FR 72495) seeking comment on Although several commenters argued motor carriers stated that, because of the whether the Act is preempted by that the Act’s requirements have safety nature of their business, they would Federal law. Although preemption benefits, the only evidence presented— require all drivers to obtain an Alabama under § 31141 is a legal determination by ADPS—was a paper showing that Metal Coil Certificate to cover the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14405

possibility that a driver would be asked 2013–0023 using any of the following SUPPLEMENTARY INFORMATION: to transport a load of metal coils in or methods: Background out of Alabama at some point during • Federal eRulemaking Portal: Go to their employment. The ripple effect of http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, the Act in imposing both potential on-line instructions for submitting FMCSA may grant an exemption from burdens and costs beyond dedicated comments. the Federal Motor Carrier Safety metal-coil transporters is extensive. • Mail: Docket Management Facility; Regulations for a 2-year period if it finds Finally, the cumulative effect of U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a multiple States requiring their own New Jersey Avenue SE., West Building level of safety that is equivalent to or metal-coil certifications, each with an Ground Floor, Room W12–140, greater than the level that would be associated fee, would create an even Washington, DC 20590–0001. achieved absent such exemption.’’ more unreasonable burden on interstate • Hand Delivery: West Building FMCSA can renew exemptions at the commerce. Several commenters noted Ground Floor, Room W12–140, 1200 end of each 2-year period. The 3 that other States have metal coil New Jersey Avenue SE., Washington, individuals listed in this notice have certification requirements, but that they DC, between 9 a.m. and 5 p.m., Monday each requested such an exemption from apply only to intrastate operations. If through Friday, except Federal the vision requirement in 49 CFR these and other States extended their Holidays. 391.41(b)(10), which applies to drivers metal coil certification requirements to • Fax: 1–202–493–2251. of CMVs in interstate commerce. interstate carriers, the effect would be a Instructions: Each submission must Accordingly, the Agency will evaluate patchwork of requirements, with include the Agency name and the the qualifications of each applicant to accompanying burdens and costs. docket numbers for this notice. Note determine whether granting an that all comments received will be exemption will achieve the required Conclusion posted without change to http:// level of safety mandated by statute. Accordingly, FMCSA grants ATA’s www.regulations.gov, including any Qualifications of Applicants petition for preemption. Alabama may personal information provided. Please no longer enforce the Act on interstate see the Privacy Act heading below for David Doub motor carriers. further information. Mr. Doub, 68, has had a retinal Issued on: February 27, 2013. Docket: For access to the docket to detachment in his right eye since 2009. Anne S. Ferro, read background documents or The visual acuity in his right eye is 20/ 400, and in his left eye, 20/20. Administrator. comments, go to http:// www.regulations.gov at any time or Following an examination in 2012, his [FR Doc. 2013–05114 Filed 3–4–13; 8:45 am] Room W12–140 on the ground level of ophthalmologist noted, ‘‘Has sufficient BILLING CODE 4910–EX–P the West Building, 1200 New Jersey vision left eye to operate commercial Avenue SE., Washington, DC, between 9 vehicle.’’ Mr. Doub reported that he has driven tractor-trailer combinations for DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 31 years, accumulating 621,000 miles. Federal Motor Carrier Safety FDMS is available 24 hours each day, He holds an operator’s license from Administration 365 days each year. If you want Indiana. His driving record for the last acknowledgment that we received your 3 years shows no crashes and no [Docket No. FMCSA–2013–0023] comments, please include a self- convictions for moving violations in a CMV. Qualification of Drivers; Exemption addressed, stamped envelope or Applications; Vision postcard or print the acknowledgement Gregory S. Engleman page that appears after submitting Mr. Engleman, 43, has had optic AGENCY: Federal Motor Carrier Safety comments on-line. neuritis in his right eye since 2001. The Administration (FMCSA), DOT. Privacy Act: Anyone may search the visual acuity in his right eye is 20/200, electronic form of all comments ACTION: Notice of applications for and in his left eye, 20/20. Following an received into any of our dockets by the exemptions; request for comments. examination in 2012, his optometrist name of the individual submitting the noted, ‘‘It is my opinion that Mr. SUMMARY: FMCSA announces receipt of comment (or of the person signing the Engleman has sufficient vision to applications from 3 individuals for comment, if submitted on behalf of an operate a commercial vehicle.’’ Mr. exemption from the vision requirement association, business, labor union, etc.). Engleman reported that he has driven in the Federal Motor Carrier Safety You may review DOT’s Privacy Act straight trucks for 7 years, accumulating Regulations. They are unable to meet Statement for the Federal Docket the vision requirement in one eye for 245,000 miles, tractor-trailer Management System (FDMS) published combinations for 19 years, accumulating various reasons. The exemptions will in the Federal Register on December 29, enable these individuals to operate 2.1 million miles. He holds a Class D 2010 (75 FR 82132), or you may visit Commercial Driver’s License (CDL) from commercial motor vehicles (CMVs) in http://www.gpo.gov/fdsys/pkg/FR-2010- interstate commerce without meeting Kentucky. His driving record for the last 12-29/pdf/2010-32876.pdf. 3 years shows no crashes but one the prescribed vision requirement in FOR FURTHER INFORMATION CONTACT: one eye. If granted, the exemptions conviction for moving violations in a Elaine M. Papp, Chief, Medical CMV; he violated the 14 hour rule. would enable these individuals to Programs Division, (202) 366–4001, qualify as drivers of commercial motor [email protected], FMCSA, Gale Smith vehicles (CMVs) in interstate commerce. Department of Transportation, 1200 Mr. Smith, age 45, has a prosthetic left DATES: Comments must be received on New Jersey Avenue SE., Room W64– eye due to a traumatic incident during or before April 4, 2013. 224, Washington, DC 20590–0001. childhood. The best corrected visual ADDRESSES: You may submit comments Office hours are from 8:30 a.m. to 5 acuity in his right eye is 20/20, and in bearing the Federal Docket Management p.m., Monday through Friday, except his left eye, no light perception. System (FDMS) Docket No. FMCSA– Federal holidays. Following an examination in 2013, his

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14406 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

optometrist noted, ‘‘He is of no danger DATES: Comments must be received on Department of Transportation, 1200 to drive a commercial vehicle from an or before April 4, 2013. New Jersey Avenue SE., Room W64– ocular standpoint and is certified by me ADDRESSES: You may submit comments 224, Washington, DC 20590–0001. to meet all standards for a commercial bearing the Federal Docket Management Office hours are from 8:30 a.m. to 5 driver’s license.’’ Mr. Smith reported System (FDMS) Docket No. FMCSA– p.m., Monday through Friday, except that he has driven tractor-trailer 2013–0013 using any of the following Federal holidays. combinations for 16 years, accumulating methods: SUPPLEMENTARY INFORMATION: 1.6 million miles. He holds a Class A • Federal eRulemaking Portal: Go to Background CDL from Pennsylvania. His driving http://www.regulations.gov. Follow the record for the last 3 years shows no on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, crashes and no convictions for moving comments. FMCSA may grant an exemption from violations in a CMV. • Mail: Docket Management Facility; the Federal Motor Carrier Safety Regulations for a 2-year period if it finds Request for Comments U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a In accordance with 49 U.S.C. 31136(e) Ground Floor, Room W12–140, level of safety that is equivalent to or and 31315, FMCSA requests public Washington, DC 20590–0001. greater than the level that would be comment from all interested persons on • Hand Delivery: West Building achieved absent such exemption.’’ The the exemption petitions described in Ground Floor, Room W12–140, 1200 statute also allows the Agency to renew this notice. The Agency will consider all New Jersey Avenue SE., Washington, exemptions at the end of the 2-year comments received before the close of DC, between 9 a.m. and 5 p.m., Monday period. The 25 individuals listed in this business April 4, 2013. Comments will through Friday, except Federal notice have recently requested such an be available for examination in the Holidays. exemption from the diabetes prohibition docket at the location listed under the • Fax: 1–202–493–2251. in 49 CFR 391.41(b)(3), which applies to ADDRESSES section of this notice. The Instructions: Each submission must drivers of CMVs in interstate commerce. Agency will file comments received include the Agency name and the Accordingly, the Agency will evaluate after the comment closing date in the docket numbers for this notice. Note the qualifications of each applicant to public docket, and will consider them to that all comments received will be determine whether granting the the extent practicable. posted without change to http:// exemption will achieve the required In addition to late comments, FMCSA www.regulations.gov, including any level of safety mandated by the statutes. will also continue to file, in the public personal information provided. Please Qualifications of Applicants docket, relevant information that see the Privacy Act heading below for becomes available after the comment further information. Christopher R. Anderson closing date. Interested persons should Docket: For access to the docket to Mr. Anderson, 49, has had ITDM monitor the public docket for new read background documents or since 1995. His endocrinologist material. comments, go to http:// examined him in 2012 and certified that Issued on: February 27, 2013. www.regulations.gov at any time or he has had no severe hypoglycemic Larry W. Minor, Room W12–140 on the ground level of reactions resulting in loss of the West Building, 1200 New Jersey Associate Administrator for Policy. consciousness, requiring the assistance Avenue SE., Washington, DC, between 9 [FR Doc. 2013–05084 Filed 3–4–13; 8:45 am] of another person, or resulting in a.m. and 5 p.m., Monday through impaired cognitive function that BILLING CODE 4910–EX–P Friday, except Federal holidays. The occurred without warning in the past 12 Federal Docket Management System months and no recurrent (2 or more) (FDMS) is available 24 hours each day, DEPARTMENT OF TRANSPORTATION severe hypoglycemic episodes in the 365 days each year. If you want last 5 years. His endocrinologist certifies Federal Motor Carrier Safety acknowledgment that we received your that Mr. Anderson understands diabetes Administration comments, please include a self- management and monitoring, has stable addressed, stamped envelope or control of his diabetes using insulin, postcard or print the acknowledgement [Docket No. FMCSA–2013–0013] and is able to drive a CMV safely. Mr. page that appears after submitting Anderson meets the requirements of the Qualification of Drivers; Exemption comments on-line. vision standard at 49 CFR 391.41(b)(10). Applications; Diabetes Mellitus Privacy Act: Anyone may search the His ophthalmologist examined him in electronic form of all comments 2013 and certified that he has stable AGENCY: Federal Motor Carrier Safety received into any of our dockets by the non-proliferative diabetic retinopathy. Administration (FMCSA), DOT. name of the individual submitting the He holds a Class D operator’s license ACTION: Notice of applications for comment (or of the person signing the from Minnesota. exemption from the diabetes mellitus comment, if submitted on behalf of an Brent T. Applebury requirement; request for comments. association, business, labor union, etc.). You may review DOT’s Privacy Act Mr. Applebury, 25, has had ITDM SUMMARY: FMCSA announces receipt of Statement for the Federal Docket since 2006. His endocrinologist applications from 25 individuals for Management System (FDMS) published examined him in 2012 and certified that exemption from the prohibition against in the Federal Register on December 29, he has had no severe hypoglycemic persons with insulin-treated diabetes 2010 (75 FR 82132), or you may visit reactions resulting in loss of mellitus (ITDM) operating commercial http://www.gpo.gov/fdsys/pkg/FR-2010- consciousness, requiring the assistance motor vehicles (CMVs) in interstate 12-29/pdf/2010-32876.pdf. of another person, or resulting in commerce. If granted, the exemptions FOR FURTHER INFORMATION CONTACT: impaired cognitive function that would enable these individuals with Elaine M. Papp, Chief, Medical occurred without warning in the past 12 ITDM to operate CMVs in interstate Programs Division, (202) 366–4001, months and no recurrent (2 or more) commerce. [email protected], FMCSA, severe hypoglycemic episodes in the

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14407

last 5 years. His endocrinologist certifies impaired cognitive function that resulting in impaired cognitive function that Mr. Applebury understands occurred without warning in the past 12 that occurred without warning in the diabetes management and monitoring, months and no recurrent (2 or more) past 12 months and no recurrent (2 or has stable control of his diabetes using severe hypoglycemic episodes in the more) severe hypoglycemic episodes in insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies the last 5 years. His endocrinologist safely. Mr. Applebury meets the vision that Mr. Bofenkamp understands certifies that Mr. Fityere understands requirements of 49 CFR 391.41(b)(10). diabetes management and monitoring, diabetes management and monitoring, His optometrist examined him in 2012 has stable control of his diabetes using has stable control of his diabetes using and certified that he does not have insulin, and is able to drive a CMV insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class E safely. Mr. Bofenkamp meets the vision safely. Mr. Fityere meets the vision operator’s license from Missouri. requirements of 49 CFR 391.41(b)(10). requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in His optometrist examined him in 2012 Joseph A. Auchterlonie 2013 and certified that he has stable and certified that he does not have Mr. Auchterlonie, 57, has had ITDM nonproliferative diabetic retinopathy. diabetic retinopathy. He holds a Class A since 2010. His endocrinologist He holds a CDL from Washington. CDL from New Jersey. examined him in 2012 and certified that he has had no severe hypoglycemic Scott A. Carlson Dana R. Griswold reactions resulting in loss of Mr. Carlson, 46, has had ITDM since Mr. Griswold, 52, has had ITDM since consciousness, requiring the assistance 2012. His endocrinologist examined him 1986. His endocrinologist examined him of another person, or resulting in in 2013 and certified that he has had no in 2012 and certified that he has had no impaired cognitive function that severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting occurred without warning in the past 12 in loss of consciousness, requiring the in loss of consciousness, requiring the months and no recurrent (2 or more) assistance of another person, or assistance of another person, or severe hypoglycemic episodes in the resulting in impaired cognitive function resulting in impaired cognitive function last 5 years. His endocrinologist certifies that occurred without warning in the that occurred without warning in the that Mr. Auchterlonie understands past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or diabetes management and monitoring, more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in has stable control of his diabetes using the last 5 years. His endocrinologist the last 5 years. His endocrinologist insulin, and is able to drive a CMV certifies that Mr. Carlson understands certifies that Mr. Griswold understands safely. Mr. Auchterlonie meets the diabetes management and monitoring, diabetes management and monitoring, requirements of the vision standard at has stable control of his diabetes using has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV insulin, and is able to drive a CMV examined him in 2013 and certified that safely. Mr. Carlson meets the vision safely. Mr. Griswold meets the vision he does not have diabetic retinopathy. requirements of 49 CFR 391.41(b)(10). requirements of 49 CFR 391.41(b)(10). He holds a Class B Commercial Driver’s His optometrist examined him in 2012 His ophthalmologist examined him in License (CDL) from New Hampshire. and certified that he does not have 2012 and certified that he does not have diabetic retinopathy. He holds a Class B diabetic retinopathy. He holds a Class D Brett D. Bertagnolli CDL from Pennsylvania. operator’s license from Vermont. Mr. Bertagnolli, 23, has had ITDM since 2006. His endocrinologist Craig L. Falck Ronald A. Heaps examined him in 2013 and certified that Mr. Falck, 50, has had ITDM since Mr. Heaps, 45, has had ITDM since he has had no severe hypoglycemic 2006. His endocrinologist examined him 2007. His endocrinologist examined him reactions resulting in loss of in 2012 and certified that he has had no in 2012 and certified that he has had no consciousness, requiring the assistance severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting of another person, or resulting in in loss of consciousness, requiring the in loss of consciousness, requiring the impaired cognitive function that assistance of another person, or assistance of another person, or occurred without warning in the past 12 resulting in impaired cognitive function resulting in impaired cognitive function months and no recurrent (2 or more) that occurred without warning in the that occurred without warning in the severe hypoglycemic episodes in the past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or last 5 years. His endocrinologist certifies more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in that Mr. Bertagnolli understands the last 5 years. His endocrinologist the last 5 years. His endocrinologist diabetes management and monitoring, certifies that Mr. Falck understands certifies that Mr. Heaps understands has stable control of his diabetes using diabetes management and monitoring, diabetes management and monitoring, insulin, and is able to drive a CMV has stable control of his diabetes using has stable control of his diabetes using safely. Mr. Bertagnoli meets the vision insulin, and is able to drive a CMV insulin, and is able to drive a CMV requirements of 49 CFR 391.41(b)(10). safely. Mr. Falck meets the vision safely. Mr. Heaps meets the vision His optometrist examined him in 2013 requirements of 49 CFR 391.41(b)(10). requirements of 49 CFR 391.41(b)(10). and certified that he does not have His ophthalmologist examined him in His ophthalmologist examined him in diabetic retinopathy. He holds a Class A 2012 and certified that he does not have 2012 and certified that he does not have Chauffeur License from Indiana. diabetic retinopathy. He holds a Class D diabetic retinopathy. He holds a Class B operator’s license from Wisconsin. CDL from Ohio. Brian T. Bofenkamp Mr. Bofenkamp, 54, has had ITDM John Fityere Martin A. Houts since 1984. His endocrinologist Mr. Fityere, 57, has had ITDM since Mr. Houts, 35, has had ITDM since examined him in 2012 and certified that 2007. His endocrinologist examined him 2004. His endocrinologist examined him he has had no severe hypoglycemic in 2012 and certified that he has had no in 2012 and certified that he has had no reactions resulting in loss of severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting consciousness, requiring the assistance in loss of consciousness, requiring the in loss of consciousness, requiring the of another person, or resulting in assistance of another person, or assistance of another person, or

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14408 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

resulting in impaired cognitive function resulting in impaired cognitive function in loss of consciousness, requiring the that occurred without warning in the that occurred without warning in the assistance of another person, or past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or resulting in impaired cognitive function more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in that occurred without warning in the the last 5 years. His endocrinologist the last 5 years. His endocrinologist past 12 months and no recurrent (2 or certifies that Mr. Houts understands certifies that Mr. Lucynski understands more) severe hypoglycemic episodes in diabetes management and monitoring, diabetes management and monitoring, the last 5 years. His endocrinologist has stable control of his diabetes using has stable control of his diabetes using certifies that Mr. Rockwell understands insulin, and is able to drive a CMV insulin, and is able to drive a CMV diabetes management and monitoring, safely. Mr. Houts meets the safely. Mr. Lucynski meets the vision has stable control of his diabetes using requirements of the vision standard at requirements of 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His optometrist His optometrist examined him in 2012 safely. Mr. Rockwell meets the vision examined him in 2012 and certified that and certified that he does not have requirements of 49 CFR 391.41(b)(10). he does not have diabetic retinopathy. diabetic retinopathy. He holds a Class B His ophthalmologist examined him in He holds a Class B CDL from Iowa. CDL from New Jersey. 2012 and certified that he has stable nonproliferative diabetic retinopathy. Michael T. Kraft Wendell J. Matthews He holds a Class A CDL from Texas. Mr. Kraft, 55, has had ITDM since Mr. Matthews, 51, has had ITDM 2012. His endocrinologist examined him since 2010. His endocrinologist John E. Ruth in 2012 and certified that he has had no examined him in 2012 and certified that Mr. Ruth, 56, has had ITDM since severe hypoglycemic reactions resulting he has had no severe hypoglycemic 2007. His endocrinologist examined him in loss of consciousness, requiring the reactions resulting in loss of in 2012 and certified that he has had no assistance of another person, or consciousness, requiring the assistance severe hypoglycemic reactions resulting resulting in impaired cognitive function of another person, or resulting in in loss of consciousness, requiring the that occurred without warning in the impaired cognitive function that assistance of another person, or past 12 months and no recurrent (2 or occurred without warning in the past 12 resulting in impaired cognitive function more) severe hypoglycemic episodes in months and no recurrent (2 or more) that occurred without warning in the the last 5 years. His endocrinologist severe hypoglycemic episodes in the past 12 months and no recurrent (2 or certifies that Mr. Kraft understands last 5 years. His endocrinologist certifies more) severe hypoglycemic episodes in diabetes management and monitoring, that Mr. Matthews understands diabetes the last 5 years. His endocrinologist has stable control of his diabetes using management and monitoring, has stable certifies that Mr. Ruth understands insulin, and is able to drive a CMV control of his diabetes using insulin, diabetes management and monitoring, safely. Mr. Kraft meets the requirements and is able to drive a CMV safely. Mr. has stable control of his diabetes using of the vision standard at 49 CFR Matthews meets the requirements of the insulin, and is able to drive a CMV 391.41(b)(10). His optometrist examined vision standard at 49 CFR 391.41(b)(10). safely. Mr. Ruth meets the requirements him in 2012 and certified that he does His ophthalmologist examined him in of the vision standard at 49 CFR not have diabetic retinopathy. He holds 2012 and certified that he has stable 391.41(b)(10). His optometrist examined a Class A CDL from Minnesota. non-proliferative diabetic retinopathy. him in 2012 and certified that he does He holds a Class E operator’s license not have diabetic retinopathy. He holds Kris W. Lindsay from Missouri. a Class A CDL from Illinois. Mr. Lindsay, 40, has had ITDM since 2012. His endocrinologist examined him Patric L. Patten Greggory A. Smith in 2012 and certified that he has had no Mr. Patten, 37, has had ITDM since Mr. Smith, 51, has had ITDM since severe hypoglycemic reactions resulting 2012. His endocrinologist examined him 2012. His endocrinologist examined him in loss of consciousness, requiring the in 2012 and certified that he has had no in 2013 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting resulting in impaired cognitive function in loss of consciousness, requiring the in loss of consciousness, requiring the that occurred without warning in the assistance of another person, or assistance of another person, or past 12 months and no recurrent (2 or resulting in impaired cognitive function resulting in impaired cognitive function more) severe hypoglycemic episodes in that occurred without warning in the that occurred without warning in the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or certifies that Mr. Lindsay understands more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in diabetes management and monitoring, the last 5 years. His endocrinologist the last 5 years. His endocrinologist has stable control of his diabetes using certifies that Mr. Patten understands certifies that Mr. Smith understands insulin, and is able to drive a CMV diabetes management and monitoring, diabetes management and monitoring, safely. Mr. Lindsay meets the vision has stable control of his diabetes using has stable control of his diabetes using requirements of 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV insulin, and is able to drive a CMV His optometrist examined him in 2012 safely. Mr. Patten meets the vision safely. Mr. Smith meets the and certified that he does not have requirements of 49 CFR 391.41(b)(10). requirements of the vision standard at diabetic retinopathy. He holds a Class A His optometrist examined him in 2012 49 CFR 391.41(b)(10). His optometrist CDL from Kansas. and certified that he does not have examined him in 2013 and certified that diabetic retinopathy. He holds a Class A he does not have diabetic retinopathy. Edward M. Luczynski CDL from New Hampshire. He holds a Class A CDL from Missouri. Mr. Lucynski, 23, has had ITDM since 1996. His endocrinologist examined him Darryl G. Rockwell Dwight E. Sory in 2012 and certified that he has had no Mr. Rockwell, 48, has had ITDM since Mr. Sory, 58, has had ITDM since severe hypoglycemic reactions resulting 2008. His endocrinologist examined him 2007. His endocrinologist examined him in loss of consciousness, requiring the in 2012 and certified that he has had no in 2012 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14409

in loss of consciousness, requiring the in 2012 and certified that he has had no comment from all interested persons on assistance of another person, or severe hypoglycemic reactions resulting the exemption petitions described in resulting in impaired cognitive function in loss of consciousness, requiring the this notice. We will consider all that occurred without warning in the assistance of another person, or comments received before the close of past 12 months and no recurrent (2 or resulting in impaired cognitive function business on the closing date indicated more) severe hypoglycemic episodes in that occurred without warning in the in the date section of the notice. the last 5 years. His endocrinologist past 12 months and no recurrent (2 or FMCSA notes that section 4129 of the certifies that Mr. Sory understands more) severe hypoglycemic episodes in Safe, Accountable, Flexible and diabetes management and monitoring, the last 5 years. His endocrinologist Efficient Transportation Equity Act: A has stable control of his diabetes using certifies that Mr. Williams understands Legacy for Users requires the Secretary insulin, and is able to drive a CMV diabetes management and monitoring, to revise its diabetes exemption program safely. Mr. Sory meets the requirements has stable control of his diabetes using established on September 3, 2003 (68 FR of the vision standard at 49 CFR insulin, and is able to drive a CMV 1 391.41(b)(10). His ophthalmologist safely. Mr. Williams meets the vision 52441). The revision must provide for examined him in 2013 and certified that requirements of 49 CFR 391.41(b)(10). individual assessment of drivers with he does not have diabetic retinopathy. His optometrist examined him in 2012 diabetes mellitus, and be consistent He holds a Class A CDL from Colorado. and certified that he does not have with the criteria described in section diabetic retinopathy. He holds a Class A 4018 of the Transportation Equity Act James M. Torkildson CDL from Virginia. for the 21st Century (49 U.S.C. 31305). Mr. Torkildson, 60, has had ITDM Section 4129 requires: (1) Elimination Scott B. Wood since 2012. His endocrinologist of the requirement for 3 years of examined him in 2012 and certified that Mr. Wood, 50, has had ITDM since experience operating CMVs while being he has had no severe hypoglycemic 2012. His endocrinologist examined him treated with insulin; and (2) reactions resulting in loss of in 2013 and certified that he has had no establishment of a specified minimum consciousness, requiring the assistance severe hypoglycemic reactions resulting period of insulin use to demonstrate of another person, or resulting in in loss of consciousness, requiring the stable control of diabetes before being impaired cognitive function that assistance of another person, or allowed to operate a CMV. occurred without warning in the past 12 resulting in impaired cognitive function months and no recurrent (2 or more) that occurred without warning in the In response to section 4129, FMCSA severe hypoglycemic episodes in the past 12 months and no recurrent (2 or made immediate revisions to the last 5 years. His endocrinologist certifies more) severe hypoglycemic episodes in diabetes exemption program established that Mr. Torkildson understands the last 5 years. His endocrinologist by the September 3, 2003 notice. diabetes management and monitoring, certifies that Mr. Wood understands FMCSA discontinued use of the 3-year has stable control of his diabetes using diabetes management and monitoring, driving experience and fulfilled the insulin, and is able to drive a CMV has stable control of his diabetes using requirements of section 4129 while safely. Mr. Torkildson meets the insulin, and is able to drive a CMV continuing to ensure that operation of requirements of the vision standard at safely. Mr. Wood meets the vision CMVs by drivers with ITDM will 49 CFR 391.41(b)(10). His optometrist requirements of 49 CFR 391.41(b)(10). achieve the requisite level of safety examined him in 2012 and certified that His optometrist examined him in 2013 required of all exemptions granted he does not have diabetic retinopathy. and certified that he does not have under 49 U.S.C. 31136(e). He holds a Class A CDL from diabetic retinopathy. He holds a Class B Section 4129(d) also directed FMCSA Wisconsin. CDL from North Dakota. to ensure that drivers of CMVs with ITDM are not held to a higher standard Terry R. Washa James L. Zore than other drivers, with the exception of Mr. Washa, 52, has had ITDM since Mr. Zore, 75, has had ITDM since limited operating, monitoring and 2007. His endocrinologist examined him 2003. His endocrinologist examined him medical requirements that are deemed in 2013 and certified that he has had no in 2012 and certified that he has had no medically necessary. severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting The FMCSA concluded that all of the in loss of consciousness, requiring the in loss of consciousness, requiring the operating, monitoring and medical assistance of another person, or assistance of another person, or requirements set out in the September 3, resulting in impaired cognitive function resulting in impaired cognitive function 2003 notice, except as modified, were in that occurred without warning in the that occurred without warning in the compliance with section 4129(d). past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or Therefore, all of the requirements set more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in out in the September 3, 2003 notice, the last 5 years. His endocrinologist the last 5 years. His endocrinologist except as modified by the notice in the certifies that Mr. Washa understands certifies that Mr. Zore understands Federal Register on November 8, 2005 diabetes management and monitoring, diabetes management and monitoring, (70 FR 67777), remain in effect. has stable control of his diabetes using has stable control of his diabetes using insulin, and is able to drive a CMV insulin, and is able to drive a CMV Issued on: February 26, 2013. safely. Mr. Washa meets the vision safely. Mr. Zore meets the vision Larry W. Minor, requirements of 49 CFR 391.41(b)(10). requirements of 49 CFR 391.41(b)(10). Associate Administrator for Policy. His ophthalmologist examined him in His optometrist examined him in 2012 [FR Doc. 2013–05087 Filed 3–4–13; 8:45 am] 2012 and certified that he does not have and certified that he does not have BILLING CODE P diabetic retinopathy. He holds a Class A diabetic retinopathy. He holds a Class A CDL from Nebraska. CDL from Indiana. 1 Section 4129(a) refers to the 2003 notice as a Alfred J. Williams Request for Comments ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and Mr. Williams, 55, has had ITDM since In accordance with 49 U.S.C. 31136(e) standards for issuing exemptions for drivers with 2012. His endocrinologist examined him and 31315, FMCSA requests public ITDM.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00146 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14410 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

DEPARTMENT OF TRANSPORTATION comment. Please see the Privacy Act exemption for a renewable two-year heading below. period. They are: Federal Motor Carrier Safety Docket: For access to the docket to David F. Breuer (WI) Administration read background documents or Todd A. Chapman (NC) comments, go to http:// Joseph A. Dean (AR) [Docket No. FMCSA–2000–7918; FMCSA– www.regulations.gov at any time or 2002–12844; FMCSA–2004–19477; FMCSA– Daniel L. Jacobs (AZ) 2005–20027; FMCSA–2007–27897; FMCSA– Room W12–140 on the ground level of Jimmy C. Killian (NC) 2008–0266; FMCSA–2010–0413] the West Building, 1200 New Jersey Jose M. Limon-Alvarado (WA) Avenue SE., Washington, DC, between 9 Joe L. Meredith, Jr. (VA) Qualification of Drivers; Exemption a.m. and 5 p.m., Monday through John W. Montgomery (MA) Applications; Vision Friday, except Federal holidays. The Robert A. Moss (MO) Federal Docket Management System Steve A. Reece (TN) AGENCY: Federal Motor Carrier Safety (FDMS) is available 24 hours each day, Elvis E. Rogers, Jr. (TX) Administration (FMCSA), DOT. 365 days each year. If you want Artis Suitt (NC) ACTION: Notice of renewal of acknowledgment that we received your The exemptions are extended subject exemptions; request for comments. comments, please include a self- to the following conditions: (1) That addressed, stamped envelope or each individual has a physical SUMMARY: FMCSA announces its postcard or print the acknowledgement decision to renew the exemptions from examination every year (a) by an page that appears after submitting ophthalmologist or optometrist who the vision requirement in the Federal comments on-line. Motor Carrier Safety Regulations for 12 attests that the vision in the better eye Privacy Act: Anyone may search the continues to meet the requirements in individuals. FMCSA has statutory electronic form of all comments authority to exempt individuals from 49 CFR 391.41(b)(10), and (b) by a received into any of our dockets by the medical examiner who attests that the the vision requirement if the name of the individual submitting the exemptions granted will not individual is otherwise physically comment (or of the person signing the qualified under 49 CFR 391.41; (2) that compromise safety. The Agency has comment, if submitted on behalf of an concluded that granting these each individual provides a copy of the association, business, labor union, etc.). ophthalmologist’s or optometrist’s exemption renewals will provide a level You may review DOT’s Privacy Act of safety that is equivalent to or greater report to the medical examiner at the Statement for the Federal Docket time of the annual medical examination; than the level of safety maintained Management System (FDMS) published without the exemptions for these and (3) that each individual provide a in the Federal Register on December 29, copy of the annual medical certification commercial motor vehicle (CMV) 2010 (75 FR 82132), or you may visit drivers. to the employer for retention in the http://www.gpo.gov/fdsys/pkg/FR-2010- driver’s qualification file and retains a DATES: This decision is effective April 1, 12-29/pdf/2010-32876.pdf. copy of the certification on his/her 2013. Comments must be received on or FOR FURTHER INFORMATION CONTACT: person while driving for presentation to before April 4, 2013. Elaine M. Papp, Chief, Medical a duly authorized Federal, State, or local ADDRESSES: You may submit comments Programs Division, 202–366–4001, enforcement official. Each exemption bearing the Federal Docket Management [email protected], FMCSA, will be valid for two years unless System (FDMS) numbers: [Docket No. Department of Transportation, 1200 rescinded earlier by FMCSA. The FMCSA–2000–7918; FMCSA–2002– New Jersey Avenue SE., Room W64– exemption will be rescinded if: (1) the 12844; FMCSA–2004–19477; FMCSA– 224, Washington, DC 20590–0001. person fails to comply with the terms 2005–20027; FMCSA–2007–27897; Office hours are from 8:30 a.m. to 5 p.m. and conditions of the exemption; (2) the FMCSA–2008–0266; FMCSA–2010– Monday through Friday, except Federal exemption has resulted in a lower level 0413] using any of the following holidays. of safety than was maintained before it methods: SUPPLEMENTARY INFORMATION: was granted; or (3) continuation of the • Federal eRulemaking Portal: Go to exemption would not be consistent with http://www.regulations.gov. Follow the Background the goals and objectives of 49 U.S.C. on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, 31136(e) and 31315. comments. FMCSA may renew an exemption from Basis for Renewing Exemptions • Mail: Docket Management Facility; the vision requirements in 49 CFR U.S. Department of Transportation, 1200 391.41(b)(10), which applies to drivers Under 49 U.S.C. 31315(b)(1), an New Jersey Avenue SE., West Building of CMVs in interstate commerce, for a exemption may be granted for no longer Ground Floor, Room W12–140, two-year period if it finds ‘‘such than two years from its approval date Washington, DC 20590–0001. exemption would likely achieve a level and may be renewed upon application • Hand Delivery or Courier: West of safety that is equivalent to or greater for additional two year periods. In Building Ground Floor, Room W12–140, than the level that would be achieved accordance with 49 U.S.C. 31136(e) and 1200 New Jersey Avenue SE., absent such exemption.’’ The 31315, each of the 12 applicants has Washington, DC, between 9 a.m. and 5 procedures for requesting an exemption satisfied the entry conditions for p.m., Monday through Friday, except (including renewals) are set out in 49 obtaining an exemption from the vision Federal Holidays. CFR part 381. requirements (65 FR 66286; 66 FR • Fax: 1–202–493–2251. 13825; 67 FR 68719; 68 FR 2629; 68 FR Instructions: Each submission must Exemption Decision 13360; 69 FR 64806; 70 FR 12265; 70 FR include the Agency name and the This notice addresses 12 individuals 16887; 70 FR 2701; 70 FR 2705; 72 FR docket number for this notice. Note that who have requested renewal of their 1056; 72 FR 11425; 72 FR 11426; 72 FR DOT posts all comments received exemptions in accordance with FMCSA 39879; 72 FR 52419; 73 FR 51689; 73 FR without change to http:// procedures. FMCSA has evaluated these 63047; 73 FR 76440; 74 FR 8302; 74 FR www.regulations.gov, including any 12 applications for renewal on their 8842; 75 FR 66423; 75 FR 80887; 76 FR personal information included in a merits and decided to extend each 12215; 76 FR 12216; 76 FR 12408; 76 FR

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14411

1493). Each of these 12 applicants has the exemption would not be consistent port application licensing process. In requested renewal of the exemption and with the goals and objectives of 49 past applications and public notices, has submitted evidence showing that U.S.C. 31136(e) and 31315, FMCSA will MarAd found inconsistency in the use the vision in the better eye continues to take immediate steps to revoke the of units of distance in describing the meet the requirement specified at 49 exemption of a driver. distance between proposed deepwater CFR 391.41(b)(10) and that the vision Issued on: February 27, 2013. ports and ACS. impairment is stable. In addition, a Under 33 U.S.C. 1508(a)(1), when Larry W. Minor, review of each record of safety while issuing a Notice of Application, MarAd, driving with the respective vision Associate Administrator for Policy. as designated by the Secretary of deficiencies over the past two years [FR Doc. 2013–05096 Filed 3–4–13; 8:45 am] Transportation, shall designate as an indicates each applicant continues to BILLING CODE 4910–EX–P ACS ‘‘any coastal State which (A) would meet the vision exemption be directly connected by pipeline to a requirements. deepwater port as proposed in an These factors provide an adequate DEPARTMENT OF TRANSPORTATION application, or (B) would be located basis for predicting each driver’s ability within 15 miles of any such proposed Maritime Administration to continue to drive safely in interstate deepwater port.’’ In general, in its commerce. Therefore, FMCSA Notice of Proposed Policy Clarification publications, MarAd adopted the units concludes that extending the exemption Concerning Designation of Adjacent of measurement provided by the for each renewal applicant for a period Coastal States for Deepwater Port deepwater port license applicants in of two years is likely to achieve a level License Applications their description of their proposed of safety equal to that existing without deepwater ports. At different times, the exemption. AGENCY: Maritime Administration, DOT. MarAd used statute miles (approximately .87 nautical miles) or Request for Comments ACTION: Notice of proposed policy clarification. nautical miles (approximately 1.15 FMCSA will review comments statute miles) in describing the location received at any time concerning a SUMMARY: The Maritime Administration of deepwater ports in its publications. particular driver’s safety record and (‘‘MarAd’’) is seeking comments on a Due to the configuration and the determine if the continuation of the proposed policy clarification for physical location of proposed deepwater exemption is consistent with the deepwater port license applications. port projects in prior applications, the requirements at 49 U.S.C. 31136(e) and Specifically, nautical miles shall be use of statute or nautical miles did not 31315. However, FMCSA requests that applied when designating Adjacent impact the designation of an ACS, since interested parties with specific data Coastal States under 33 U.S.C. these projects were either connected to concerning the safety records of these 1508(a)(1). the ACS directly by pipeline, or were drivers submit comments by April 4, DATES: Written public comments within both 15 statute and 15 nautical 2013. regarding this MarAd policy miles from those states. As a result, FMCSA believes that the clarification shall be submitted by April MarAd was not required to clarify requirements for a renewal of an 4, 2013. which unit of measurement is the exemption under 49 U.S.C. 31136(e) and appropriate distance standard to apply ADDRESSES: The public docket for 31315 can be satisfied by initially when designating an ACS in Notices of USCG–2012–0927 is maintained by the: granting the renewal and then Application. For proposed deepwater Department of Transportation, Docket requesting and evaluating, if needed, port locations where the chosen Management Facility, West Building, subsequent comments submitted by distance standard is significant to the Ground Floor, Room W12–140, 1200 interested parties. As indicated above, designation of ACS (applications where New Jersey Avenue SE., Washington, the Agency previously published the port location falls between 15 statute DC 20590–0001. notices of final disposition announcing and 15 nautical miles of a potential The Federal Docket Management its decision to exempt these 12 ACS), however, clarification of the Facility accepts hand-delivered individuals from the vision requirement standard measure is necessary. For the submissions and makes docket contents in 49 CFR 391.41(b)(10). The final sake of clarity in such instances, MarAd available for public inspection and decision to grant an exemption to each is issuing this notice of proposed policy copying at this address between 9 a.m. of these individuals was made on the clarification that nautical miles shall be and 5 p.m., Monday through Friday, merits of each case and made only after applied when designating ACS under 33 except Federal holidays. The Facility careful consideration of the comments U.S.C. 1508(a)(1). received to its notices of applications. telephone number is 202–366–9329, the The Deepwater Port Act (‘‘DWPA’’ or The notices of applications stated in fax number is 202–493–2251, and the the ‘‘Act’’) (33 U.S.C. 1501 et seq.) detail the qualifications, experience, Web site for electronic submissions or authorizes the Secretary of and medical condition of each applicant for electronic access to docket contents Transportation to issue licenses for the for an exemption from the vision is http://www.regulations.gov. construction and operation of deepwater requirements. That information is FOR FURTHER INFORMATION CONTACT: Ms. ports.1 A deepwater port is defined in available by consulting the above cited Yvette Fields, Maritime Administration, Section 1502 of the Act as ‘‘any fixed or Federal Register publications. at (202) 366–0926 or floating manmade structure other than a Interested parties or organizations [email protected]. If you have vessel, or any group of such structures, possessing information that would questions regarding viewing the Docket, that are located beyond State seaward otherwise show that any, or all, of these contact Renee V. Wright, Program boundaries and that are used or drivers are not currently achieving the Manager, Docket Operations, at (202) intended for use as a port or terminal for statutory level of safety should 493–0402. immediately notify FMCSA. The SUPPLEMENTARY INFORMATION: MarAd 1 The Secretary of Transportation delegated to the Agency will evaluate any adverse has reviewed policies and practices Maritime Administrator the authority to ‘‘issue, transfer, amend, or reinstate a license for the evidence submitted and, if safety is with regard to designation of Adjacent construction and operation of a deepwater port.’’ 49 being compromised or if continuation of Coastal States (‘‘ACS’’) in the deepwater CFR 1.93(h)(1).

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14412 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

the transportation, storage, or further The DWPA does not provide further term ‘boundaries’ be interpreted as handling of oil or natural gas for definition of the terms ‘‘territorial extending from the coast line more than transportation to any State * * * .’’ 2 limits,’’ ‘‘navigable waters (including three geographical miles into the Deepwater ports include ‘‘all the lands therein and thereunder),’’ or Atlantic Ocean or the Pacific Ocean, or components and equipment, including ‘‘contiguous zone.’’ However, these more than three marine leagues into the pipelines * * * to the extent they are jurisdictional boundaries have well Gulf of Mexico.’’ 16 The SLA also located seaward of the high water accepted meanings both in international provides that ‘‘[t]he seaward boundary mark.’’ 3 The DWPA provides for a law and United States law and help of each original coastal State is hereby mandatory designation of State(s) as clarify how the 15 mile jurisdictional approved and confirmed as a line three ‘‘Adjacent Coastal State(s)’’ (‘‘ACS’’) if area for automatic designation of an geographical miles distant from its coast certain criteria are met. Those criteria ACS should be measured. Article 1 of line * * * .’’ 17 In the case of United are if the ACS: (1) Would be ‘‘directly the Convention on the Territorial Sea States v. California, the Supreme Court connected by pipeline to a deepwater and the Contiguous Zone establishes considered the extent of submerged port,’’ or (2) ‘‘would be located within that a Coastal State’s sovereignty lands granted to the State of California 15 miles of any such proposed extends ‘‘beyond its land territory and by the SLA. After reviewing the SLA deepwater port.’’ 4 The DWPA does not internal waters, to a belt of sea adjacent and its legislative history, the Court specify whether the 15 mile to its coast, described as a territorial concluded that the SLA ‘‘effectively geographical limit for the automatic sea.’’ 10 Article 24 of the treaty also grants each State on the Pacific coast all designation of an ACS should be establishes that a Coastal State may submerged lands shoreward of a line marked in statute miles 5 or nautical exercise certain authorities in a ‘‘zone of three geographical miles from its coast miles.6 the high seas contiguous to its territorial line * * * .’’ 18 The Court further Congress did not specify how the 15 sea . * * *’’ 11 For purposes of the explained that ‘‘one English, statute, or mile distance should be measured. Treaty, both the Territorial Sea and the land mile equals approximately .87 Nevertheless, an examination of the Contiguous Zone are measured from the geographical, marine, or nautical mile. entire statute and legislative history ‘‘baseline,’’ normally the mean low The conventional ‘3-mile limit’ under leads to the conclusion that Congress water line along the coast of the United international law refers to three intended that for these purposes, where States. The United Nations Convention geographical miles, or approximately units of distance measurement are not on the Law of the Sea (‘‘UNCLOS’’) 3.45 land miles.’’ 19 further clarifies the breadth of a Coastal specified as statute miles or nautical In defining the term ‘‘coastal State’s jurisdiction in its Territorial Sea miles, those units of measurement environment,’’ the DWPA explicitly and Contiguous Zone by establishing a should be read in terms of generally refers to ‘‘navigable waters (including seaward limit of ‘‘12 nautical miles’’ accepted nautical standards (i.e., the lands therein and thereunder).’’ 20 and ‘‘24 nautical miles’’ respectively.12 nautical miles). This definition is similar to what is Although the United States has not In enacting the DWPA, Congress found in the SLA’s statement of purpose ratified UNCLOS, it has adopted the declared its purpose to be, among other (‘‘lands beneath navigable waters within jurisdictional areas referenced in things, to: ‘‘(1) authorize and regulate State boundaries’’). As noted above, the UNCLOS. In establishing its territorial the location, ownership, construction, SLA confers upon States title to, and limits, the United States has uniformly and operation of deepwater ports in ownership of, the ‘‘lands beneath applied the international standard and waters beyond the territorial limits of navigable waters within their used nautical miles as the unit of the United States; [and] (2) provide for boundaries,’’ and applies geographical measurement.13 the protection of the marine and coastal (nautical) miles for that purpose. environment to prevent or minimize any The Submerged Lands Act (‘‘SLA’’) adverse impact which might occur as a was enacted in 1953.14 Its purpose was The legislative history of the DWPA consequence of the development of such to ‘‘confirm and establish the titles of reveals that Congress viewed ACS status ports.’’ 7 The Act defines the term the States to lands beneath navigable as a jurisdictional issue. For example, in ‘‘coastal environment’’ in relevant part waters within State boundaries and to the Conference Report to the DWPA, the as: ‘‘the navigable waters (including the the natural resources within such lands State’s role in approving a deepwater lands therein and thereunder) and the and waters, to provide for the use and port is discussed in terms of the three- adjacent shorelines (including waters control of said lands and resources, and mile limit which is measured in therein and thereunder).8 The term to confirm the jurisdiction and control nautical miles. Congress recognized that ‘‘marine environment’’ is defined as of the United States over the natural ‘‘under the Submerged Lands Act * * * including: ‘‘the coastal environment, resources of the seabed of the the States have either exclusive or waters of the contiguous zone, and Continental Shelf seaward of State concurrent authority with the Federal waters of the high seas.’’ 9 boundaries.’’ 15 The SLA defines the government over most activities within term ‘‘boundaries’’ in relevant part to the 3-mile limit,’’ 21 which is measured in geographical (nautical) miles. 2 33 U.S.C. 1502(9)(A). include: ‘‘the seaward boundaries of a 3 Id. at § 1502(9)(B). State * * * but in no event shall the Moreover, the Senate Report noted, a 4 Id. at § 1502(1)(A)&(B). The Act also provides for Coastal State’s jurisdiction would end at a permissive designation of an ACS if, upon 10 15 U.S.T. 1606. This treaty was ratified by the the State’s three-nautical mile seaward petition and provision of evidence, the Maritime United States on March 24, 1961, and entered into boundary and the State would have no Administrator determines that ‘‘there is a risk of force on September 10, 1964. authority over the offshore activity. damage to the coastal environment of such State 11 Id. equal to or greater than the risk posed to a State 12 UNCLOS Part II, Article 2 and Article 33. 16 directly connected by pipeline to the proposed 13 See, e.g., Presidential Proclamation No. 5928 of 43 U.S.C. 1301(b). deepwater port.’’ 33 U.S.C. 1508(a)(2). December 27, 1998: ‘‘The territorial sea of the 17 Id. at § 1312. 5 One statute mile equals 5280 feet. United States henceforth extends to 12 nautical 18 U.S. v. California, 381 U.S. 139 at 148 (May 17, 6 One nautical mile equals 6076 feet. miles from the baselines of the United States 1965). 7 33 U.S.C. 1501(1)&(2). determined in accordance with international law.’’ 19 Id. at Fn. 8. 8 Id. at § 1502(5). 14 67 Stat. 29. 20 See Fn. 16 supra. 9 Id. at § 1502(12). 15 Id. 21 1974 U.S.C.C.A.N. 7529 at 7538.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14413

Consistent with Congress’ view of DEPARTMENT OF TRANSPORTATION aboard and sailing to different areas of ACS status as a jurisdictional issue, the the Bay each day. There will be no more use of nautical miles to determine ACS Maritime Administration than ten courses offered in a calendar year. This program is being offered to status allows for an extension of the [Docket No. MARAD–2013 0019] State’s jurisdiction to be measured local residents in Orange County, Calif.’’ consistently with the measures of Requested Administrative Waiver of Geographic Region: ‘‘California’’. jurisdiction required by law. Absent this the Coastwise Trade Laws: Vessel The complete application is given in interpretation, a State’s jurisdiction that LUCKY DUCK; Invitation for Public DOT docket MARAD–2013–0019 at is measured in nautical miles would Comments http://www.regulations.gov. Interested then subsequently be extended by parties may comment on the effect this AGENCY: Maritime Administration, Congress under a different unit of action may have on U.S. vessel builders Department of Transportation. measurement. or businesses in the U.S. that use U.S.- ACTION: Notice. flag vessels. If MARAD determines, in In addition to the legislative history, accordance with 46 U.S.C. 12121 and the regulatory history of the Deepwater SUMMARY: As authorized by 46 U.S.C. MARAD’s regulations at 46 CFR part Ports program provides additional 12121, the Secretary of Transportation, 388, that the issuance of the waiver will support for interpreting the DWPA to as represented by the Maritime have an unduly adverse effect on a U.S.- apply nautical miles to ACS Administration (MARAD), is authorized vessel builder or a business that uses designations. The original Final Rule in to grant waivers of the U.S.-build U.S.-flag vessels in that business, a 33 CFR part 148 published on requirement of the coastwise laws under waiver will not be granted. Comments November 10, 1975, defined mile for the certain circumstances. A request for should refer to the docket number of purposes of the regulations as a nautical such a waiver has been received by this notice and the vessel name in order mile.22 Though the definition for ‘‘mile’’ MARAD. The vessel, and a brief for MARAD to properly consider the was subsequently removed in a May 20, description of the proposed service, is comments. Comments should also state 2003, Notice of Proposed Rulemaking listed below. the commenter’s interest in the waiver and does not appear in the Final Rule DATES: Submit comments on or before application, and address the waiver published on September 29, 2006, 33 April 4, 2013. criteria given in § 388.4 of MARAD’s CFR part 2 indicates that nautical miles ADDRESSES: Comments should refer to regulations at 46 CFR Part 388. are the appropriate units of docket number MARAD–2013–0019. Privacy Act measurement to be employed for Written comments may be submitted by Anyone is able to search the determining United States Coast Guard hand or by mail to the Docket Clerk, electronic form of all comments jurisdictional definitions where such U.S. Department of Transportation, Docket Operations, M–30, West received into any of our dockets by the jurisdictional definitions are not name of the individual submitting the otherwise provided.23 Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., comment (or signing the comment, if As a result of its interpretation of the Washington, DC 20590. You may also submitted on behalf of an association, DWPA, its legislative history, and send comments electronically via the business, labor union, etc.). You may implementing regulations, MarAd Internet at http://www.regulations.gov. review DOT’s complete Privacy Act proposes to apply nautical miles when All comments will become part of this Statement in the Federal Register designating ACS in future Notices of docket and will be available for published on April 11, 2000 (Volume Application under 33 U.S.C. 1508(a)(1). inspection and copying at the above 65, Number 70; Pages 19477–78). address between 10 a.m. and 5 p.m., By Order of the Maritime Administrator. Request for Comments E.T., Monday through Friday, except Dated: February 26, 2013. MarAd is seeking comment on the federal holidays. An electronic version Julie P. Agarwal, proposed policy clarification and invites of this document and all documents Secretary, Maritime Administration. interested parties to visit its Web site for entered into this docket is available on [FR Doc. 2013–05061 Filed 3–4–13; 8:45 am] the World Wide Web at http:// background information. MarAd will BILLING CODE 4910–81–P consider comments in formulating a www.regulations.gov. final notice of policy clarification. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Dated: February 28, 2013. Linda Williams, U.S. Department of Transportation, Maritime By Order of the Maritime Administrator. Maritime Administration Administration, 1200 New Jersey Julie P. Agarwal, Avenue SE, Room W23–453, [Docket No. MARAD–2013 0018] Secretary, Maritime Administration. Washington, DC 20590. Telephone 202– [FR Doc. 2013–05007 Filed 3–4–13; 8:45 am] 366–0903, Email Requested Administrative Waiver of BILLING CODE 4910–81–P [email protected]. the Coastwise Trade Laws: Vessel LILYANNA; Invitation for Public SUPPLEMENTARY INFORMATION: Comments As described by the applicant the intended service of the vessel LUCKY AGENCY: Maritime Administration, DUCK is: Department of Transportation. Intended Commercial Use Of Vessel: 22 ACTION: Notice. 40 FR 52401 (Nov. 10, 1975). ‘‘The vessel is to be operated as a sailing 23 See 33 CFR 2.1(a) (‘‘The purpose of this part instruction vessel with a licensed SUMMARY: As authorized by 46 U.S.C. is to define terms the U. S. Coast Guard uses in regulations, policies, and procedures, to determine captain and no more than six passengers 12121, the Secretary of Transportation, whether it has jurisdiction on certain waters where in San Francisco Bay and outside the as represented by the Maritime specific jurisdictional definitions are not otherwise Golden Gate. The course will be three Administration (MARAD), is authorized provided.’’). days long, with the students living to grant waivers of the U.S.-build

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14414 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

requirement of the coastwise laws under Privacy Act any, could be rerouted over other lines; certain circumstances. A request for Anyone is able to search the (3) no formal complaint filed by a user such a waiver has been received by electronic form of all comments of rail service on the Line (or by a state MARAD. The vessel, and a brief received into any of our dockets by the or local government entity acting on description of the proposed service, is name of the individual submitting the behalf of such user) regarding cessation listed below. comment (or signing the comment, if of service over the Line either is DATES: Submit comments on or before submitted on behalf of an association, pending with the Surface April 4, 2013. business, labor union, etc.). You may Transportation Board (Board) or with any U.S. District Court or has been ADDRESSES: Comments should refer to review DOT’s complete Privacy Act Statement in the Federal Register decided in favor of complainant within docket number MARAD–2013–0018. the two-year period; and (4) the Written comments may be submitted by published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). requirements at 49 CFR 1105.7(c) hand or by mail to the Docket Clerk, (environmental report), 49 CFR 1105.11 U.S. Department of Transportation, By Order of the Maritime Administrator. (transmittal letter), 49 CFR 1105.12 Docket Operations, M–30, West Dated: February 26, 2013. (newspaper publication), and 49 CFR Building Ground Floor, Room W12–140, Julie P. Agarwal, 1152.50(d)(1) (notice to governmental 1200 New Jersey Avenue SE, Secretary, Maritime Administration. agencies) have been met. Washington, DC 20590. You may also [FR Doc. 2013–05038 Filed 3–4–13; 8:45 am] As a condition to these exemptions, send comments electronically via the BILLING CODE 4910–81–P any employee adversely affected by the Internet at http://www.regulations.gov. abandonment shall be protected under All comments will become part of this Oregon Short Line Railroad— docket and will be available for DEPARTMENT OF TRANSPORTATION Abandonment Portion Goshen Branch inspection and copying at the above Between Firth & Ammon, in Bingham & address between 10 a.m. and 5 p.m., Surface Transportation Board Bonneville Counties, Idaho, 360 I.C.C. E.T., Monday through Friday, except [Docket No. AB 290 (Sub-No. 335X; Docket 91 (1979). To address whether this federal holidays. An electronic version No. AB 290 (Sub-No. 340X] condition adequately protects affected of this document and all documents employees, a petition for partial entered into this docket is available on The Alabama Great Southern Railroad revocation under 49 U.S.C. 10502(d) the World Wide Web at http:// Company—Abandonment Exemption— must be filed. www.regulations.gov. in Gadsden, Etowah County, Ala.; Provided no formal expression of intent to file an offer of financial FOR FURTHER INFORMATION CONTACT: Tennessee, Alabama, and Georgia assistance (OFA) has been received, Linda Williams, U.S. Department of Railway Company—Abandonment these exemptions will be effective on Transportation, Maritime Exemption—in Gadsden, Etowah April 4, 2013, unless stayed pending Administration, 1200 New Jersey County, AL reconsideration. Petitions to stay that do Avenue SE, Room W23–453, The Alabama Great Southern Railroad not involve environmental issues,2 Washington, DC 20590. Telephone 202– Company (AGS) and Tennessee, formal expressions of intent to file an 366–0903, Email Alabama, and Georgia Railway 3 [email protected]. OFA under 49 CFR 1152.27(c)(2), and Company (TAG) (collectively, trail use/rail banking requests under 49 1 SUPPLEMENTARY INFORMATION: As applicants) have jointly filed a verified CFR 1152.29 must be filed by March 15, described by the applicant the intended notice of exemption under 49 CFR 1152 2013. Petitions to reopen or requests for service of the vessel LILYANNA is: subpart F—Exempt Abandonments for public use conditions under 49 CFR Intended Commercial Use of Vessel: 2 AGS and TAG to abandon service over 1152.28 must be filed by March 25, Hour Sunset Sails, and 3 Hour Day Sails approximately 4.25 miles of 2013, with the Surface Transportation at Little Palm Island Resort. interconnected rail line in Gadsden, Board, 395 E Street SW., Washington, Etowah County, Ala. Specifically, AGS Geographic Region: Florida. DC 20423–0001. proposes to: (1) Abandon 3.10 miles of A copy of any petition filed with the The complete application is given in rail line (the AGS segment) between Board should be sent to applicants’ DOT docket MARAD–2013–0018 at milepost 2.40 AG (near Cabot Ave.) and representative: Robert A. Wimbish, http://www.regulations.gov. Interested milepost 5.50 AG (near the intersection Baker & Miller PLLC, 2401 Pennsylvania parties may comment on the effect this of River and Coosa Streets); and (2) TAG Ave. NW., Suite 300, Washington, DC action may have on U.S. vessel builders proposes to abandon approximately 1.15 20037. or businesses in the U.S. that use U.S.- miles of rail line (the TAG segment) If the verified notice contains false or flag vessels. If MARAD determines, in between milepost TA 90.30 (located misleading information, the exemptions accordance with 46 U.S.C. 12121 and between the north end of Brookside are void ab initio. MARAD’s regulations at 46 CFR part Drive and Owls Hollow Road) and Applicants have filed a combined 388, that the issuance of the waiver will milepost TA 91.45 (at TAG Segment’s environmental and historic report that have an unduly adverse effect on a U.S.- connection with the AGS Segment west vessel builder or a business that uses of N 5th Street) (the Line). The Line 2 The Board will grant a stay if an informed U.S.-flag vessels in that business, a traverses United States Postal Service decision on environmental issues (whether raised waiver will not be granted. Comments Zip Codes 35901 and 35904. by a party or by the Board’s Office of Environmental should refer to the docket number of Analysis (OEA) in its independent investigation) Applicants have certified that: (1) No cannot be made before the exemptions’ effective this notice and the vessel name in order local traffic has moved over the Line for date. See Exemption of Out-of-Serv. Rail Lines, 5 for MARAD to properly consider the at least two years; (2) no overhead traffic I.C.C.2d 377 (1989). Any request for a stay should comments. Comments should also state has moved over the Line for at least two be filed as soon as possible so that the Board may the commenter’s interest in the waiver take appropriate action before the exemptions’ years and overhead traffic, if there were effective date. application, and address the waiver 3 Each OFA must be accompanied by the filing criteria given in § 388.4 of MARAD’s 1 Both applicants are wholly-owned subsidiaries fee, which is currently set at $1,600. See 49 CFR regulations at 46 CFR Part 388. of the Norfolk Southern Railway Company. 1002.2(f)(25).

VerDate Mar<15>2010 18:34 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14415

addresses the effects, if any, of the contractor employees dedicated to Update to the FBAR report. Comments abandonment on the environment and Government Performance and Results also may be submitted by electronic historic resources. OEA will issue an Act goals is effective or if rebalancing is mail to the following Internet address: environmental assessment (EA) by required. ‘‘[email protected]’’ with the March 8, 2013. Interested persons may FOR FURTHER INFORMATION CONTACT: Jim caption in the body of the text, obtain a copy of the EA by writing to Sullivan Office of the Deputy Assistant ‘‘Attention: PRA Comments— Update to OEA (Room 1100, Surface Secretary for Human Resources and the FBAR report.’’ Transportation Board, Washington, DC Chief Human Capital Officer Inspection of Comments: Comments 20423–0001) or by calling OEA, at (202) Department of the Treasury, 1500 may be inspected, between 10 a.m. and 245–0305. Assistance for the hearing Pennsylvania Avenue NW, Washington, 4 p.m., in the FinCEN reading room in impaired is available through the DC 20220, at (202) 622–9395 or Vienna, VA. Persons wishing to inspect Federal Information Relay Service [email protected]. the comments submitted must request (FIRS) at 1–800–877–8339. Comments SUPPLEMENTARY INFORMATION: In an appointment with the Disclosure on environmental and historic accordance with Section 743 of Division preservation matters must be filed Officer by telephoning (703) 905–5034 C of the FY 2010 Consolidated within 15 days after the EA becomes (not a toll free call). Appropriations Act, Public Law (Pub. available to the public. L.) 111–117, agencies required to submit FOR FURTHER INFORMATION CONTACT: Environmental, historic preservation, an inventory in accordance with the Financial Crimes Enforcement Network, public use, or trail use/rail banking Federal Activities Inventory Reform Act Regulatory Policy and Programs conditions will be imposed, where of 1998 (Pub. L. 105–270; 31 U.S.C. 501 Division at (800) 949–2732. A copy of appropriate, in a subsequent decision. note), other than the Department of the Form TD F 90–22.1 reflecting the Pursuant to the provisions of 49 CFR Defense, shall also prepare an annual proposed changes may be found at the 1152.29(e)(2), applicants shall jointly service contract inventory. Treasury end of this notice. file a notice of consummation with the submitted its inventory for FY 2012 to Board to signify that each has exercised SUPPLEMENTARY INFORMATION: Abstract: the Office of Management and Budget the authority granted and fully The statute generally referred to as the (OMB) on December 18, 2012. abandoned its portion of the Line. If ‘‘Bank Secrecy Act’’ (‘‘BSA’’), Titles I consummation has not been effected by Dated: February 11, 2013. and II of Public Law 91–508, as applicants’ filing of a notice of Anita Blair, amended, codified at 12 U.S.C. 1829b, consummation by March 5, 2014, and Deputy Assistant Secretary for Human 12 U.S.C. 1951–1959, and 31 U.S.C. there are no legal or regulatory barriers Resources and Chief Human Capital Officer. 5311–5314 and 5316–5332, authorizes to consummation, the authority to [FR Doc. 2013–05065 Filed 3–4–13; 8:45 am] the Secretary of the Treasury, inter alia, abandon will automatically expire. BILLING CODE 4810–25–P to require financial institutions to keep Board decisions and notices are records and file reports that are available on our Web site at determined to have a high degree of www.stb.dot.gov. DEPARTMENT OF THE TREASURY usefulness in criminal, tax, and Decided: February 28, 2013. regulatory matters, or in the conduct of Financial Crimes Enforcement Network intelligence or counter-intelligence By the Board, Rachel D. Campbell, activities to protect against international Director, Office of Proceedings. Agency Information Collection terrorism, and to implement counter- Derrick A. Gardner, Activities; Comment Request of the money laundering programs and Clearance Clerk. Proposed Changes to the Report of compliance procedures.1 Regulations Foreign Bank and Financial Accounts [FR Doc. 2013–05043 Filed 3–4–13; 8:45 am] implementing Title II of the BSA appear Report BILLING CODE 4915–01–P at 31 CFR Chapter X. The authority of AGENCY: Financial Crimes Enforcement the Secretary to administer the BSA has Network (‘‘FinCEN’’), Department of the been delegated to the Director of DEPARTMENT OF THE TREASURY Treasury. FinCEN. Publication of Fiscal Year 2012 Service ACTION: Notice and request for The information collected on Form Contract Inventory Analysis comments. TD F 90–22.1 (as well as other BSA reporting and recordkeeping SUMMARY: FinCEN, a bureau of the U.S. AGENCY: Departmental Offices, Treasury. requirements that are not the subject of Department of the Treasury, invites all ACTION: this notice) assist Federal, state, and Notice of publication of Fiscal interested parties to comment on its local law enforcement in the Year 2012 Service Contract Inventory: proposed update to Form TD F 90–22.1, identification, investigation, and Analysis of the FY 2012 Inventory and Report of Foreign Bank and Financial prosecution of individuals involved in Planned Analysis of 2013. Accounts (‘‘FBAR’’). This request for comments is made pursuant to the money laundering, the financing of SUMMARY: The Department of the terrorism, tax evasion, narcotics Treasury will make available to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). trafficking, organized crime, fraud, public at http://www.treasury.gov/ embezzlement, and other crimes. The DATES: about/organizational-structure/offices/ Written comments should be information also assists in tax Pages/Office-of-the-Procurement- received on or before May 6, 2013 to be Executive.aspx (see Key Topics) the assured of consideration. 1 Language expanding the scope of the Bank Department’s Fiscal Year (FY) 2012 ADDRESSES: Direct all written comments Secrecy Act to intelligence or counter-intelligence Service Contract Inventory analysis. The to: Regulatory Policy and Programs activities to protect against international terrorism analysis discusses Treasury initiatives Division, Financial Crimes Enforcement was added by Section 358 of the Uniting and Strengthening America by Providing Appropriate in court reporters and transcription Network, U.S. Department of the Tools Required to Intercept and Obstruct Terrorism services for 2012. In 2013, Treasury Treasury, P.O. Box 39, Vienna, VA Act of 2001 (the ‘‘USA PATRIOT Act’’), P.L. 107– seeks to determine if its mix of Federal/ 22183, Attention: PRA Comments— 56.

VerDate Mar<15>2010 18:34 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14416 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

collection, examination, and other check box to indicate if the preparer is An agency may not conduct or regulatory matters.2 self-employed (item 51); the preparer’s sponsor, and a person is not required to Current Action: FinCEN is proposing TIN and TIN Type (items 52 and 52a); respond to, a collection of information to update the current TD F 90–22.1 and a contact telephone number and unless the collection of information report to standardize it with other BSA extension, if applicable, (items 53 and displays a valid OMB control number. electronically filed reports and add the 53a). If the preparer is an employee of Records required to be retained under capability for a third party preparer to a firm, the firm’s name and employer the BSA must be retained for five years. file the report should the owner of the identification number (‘‘EIN’’) are Generally, information collected foreign account wish to employ this entered in items 54 and 55. Finally, the pursuant to the BSA is confidential, but option. To standardize the FBAR with address (street number, city, state, ZIP/ it may be shared as provided by law other BSA reports, FinCEN proposes to Postal Code, and country) of the with regulatory and law enforcement add an item to record taxpayer preparer (if self-employed) or the firm is authorities. entered in items 56 through 60.4 identification number (‘‘TIN’’) Type to Request for Comments: Comments Part I, item 3a; Part I, item 4; Part III, Title: Reports of foreign financial accounts (31 CFR 1010.350). submitted in response to this notice will item 25a; Part IV, item 35a; and V, item be summarized and/or included in the 35a. The addition of a check box to OMB Control Number: 1506–0009 request for OMB approval. All indicate that the amount is unknown is (The IRS’s OMB control number is comments will become a matter of added to Parts II, III, IV, and V in item 1545–2038). public record. Comments are invited on: 15a. FinCEN also proposes to add a new Current Action: There is no change to (a) Whether the collection of item ‘‘Suffix’’ to Part I, item 8a; Part III, the existing regulations. Type of Review: Revision of a information is necessary for the proper item 28a; and Part IV, item 37a. This currently approved collection. performance of the functions of the update includes a revised signature Affected Public: Individuals, agency, including whether the section. It adds item 44a, a check box businesses or for-profit institutions, and information shall have practical utility; with the instruction ‘‘Check here [box non-profit institutions. (b) the accuracy of the agency’s estimate for checking] if this report is completed Estimate Number of Affected Filing of the burden of the collection of by a 3rd party preparer and complete Individuals and Entities: 780,000.5 information; (c) ways to enhance the item 46 and the third party preparer Estimated Recordkeeping and quality, utility, and clarity of the section.’’ 3 A new section, ‘‘3rd Party Reporting Burden: Based on past filings, information to be collected; (d) ways to Preparer Use Only,’’ is added to the 30 minutes for recordkeeping and 45 minimize the burden of the collection of report to support this method of filing. minutes for report completion for a total information on respondents, including The 3rd Party Preparer section consists filing burden of 1 hour and fifteen through the use of automated collection of the preparer’s last name, first name, minutes (1:15). techniques or other forms of information and middle initial (items 47, 48, and Estimated Annual Recordkeeping and technology; and (e) estimates of capital 49); preparer’s signature (item 50); a 6 Reporting Burden Hours: 975,000. or start-up costs and costs of operation, maintenance and purchase of services to 2 The information collection addressed in this 4 If a third party preparer completes and files the notice is currently approved under Office of report, the report will be signed in item 50. If the provide information. Management and Budget (‘‘OMB’’) Control Number report is completed and filed by the owner of the Dated: February 26, 2013. 1506–0009. foreign account, the report will be signed in the 3 The date in item 46 will be entered signature section, item 44. Jennifer Shasky Calvery, automatically if the FBAR is filed through the BSA 5 This figure reflects the actual number of FBAR Director, Financial Crimes Enforcement E-Filing Discrete (single report) Option. If the FBAR filings in calendar year 2012. Network. is batch filed, the date must be manually entered 6 780,000 reports × 1.25 hours per report = in the batch filing specifications’ 2a Record. 975,000 hours. BILLING CODE 4810–02–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14417

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4725 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES EN05MR13.008 14418 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4725 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES EN05MR13.009 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14419

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4725 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES EN05MR13.010 14420 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

[FR Doc. 2013–04936 Filed 3–4–13; 8:45 am] soliciting comments concerning OMB Number: 1545–1300. BILLING CODE 4810–02–C Treatment of Acquisition of Certain Regulation Project Number: TD 8641. Financial Institutions; Certain Tax Abstract: Recipients of Federal Consequences of Federal Financial financial assistance (FFA) must DEPARTMENT OF THE TREASURY Assistance to Financial Institutions. maintain an account of FFA that is DATES: Written comments should be Internal Revenue Service deferred from inclusion in gross income received on or before May 6, 2013 to be and subsequently recaptured. This Proposed Collection; Comment assured of consideration. information is used to determine the Request for Regulation Project ADDRESSES: Direct all written comments recipient’s tax liability. Also, tax not to Yvette Lawrence, Internal Revenue subject to collection must be reported AGENCY: Internal Revenue Service (IRS), Service, Room 6129, 1111 Constitution and information must be provided if Treasury. Avenue NW., Washington, DC 20224. certain elections are made. ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: Current Actions: There is no change to comments. Requests for additional information or this existing regulation. Type of Review: Extension of a SUMMARY: The Department of the copies of the regulation should be Treasury, as part of its continuing effort directed to Martha R. Brinson at (202) currently approved collection. to reduce paperwork and respondent 622–3869, or [email protected], Affected Public: Business or other for- burden, invites the general public and or Internal Revenue Service, Room profit organizations, and the Federal other Federal agencies to take this 6129, 1111 Constitution Avenue NW., Government. opportunity to comment on proposed Washington, DC 20224. Estimated Number of Respondents: and/or continuing information SUPPLEMENTARY INFORMATION: 500. collections, as required by the Title: Treatment of Acquisition of Estimated Time per Respondent: 4 Paperwork Reduction Act of 1995, Certain Financial Institutions; Certain hours, 24 minutes. Public Law 104–13(44 U.S.C. Tax Consequences of Federal Financial Estimated Total Annual Burden 3506(c)(2)(A)). Currently, the IRS is Assistance to Financial Institutions. Hours: 2,200.

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES EN05MR13.011 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14421

The following paragraph applies to all Compensation Deferred Under Eligible be summarized and/or included in the of the collections of information covered Deferred Compensation Plans. request for OMB approval. All by this notice: DATES: Written comments should be comments will become a matter of An agency may not conduct or received on or before May 6, 2013 to be public record. Comments are invited on: sponsor, and a person is not required to assured of consideration. (a) Whether the collection of respond to, a collection of information ADDRESSES: Direct all written comments information is necessary for the proper unless the collection of information to Yvette Lawrence, Internal Revenue performance of the functions of the displays a valid OMB control number. Service, Room 6129, 1111 Constitution agency, including whether the Books or records relating to a collection Avenue NW., Washington, DC 20224. information shall have practical utility; of information must be retained as long FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate as their contents may become material Requests for additional information or of the burden of the collection of in the administration of any internal copies of the regulations should be information; (c) ways to enhance the revenue law. Generally, tax returns and directed to Martha R. Brinson at Internal quality, utility, and clarity of the tax return information are confidential, Revenue Service, Room 6129, 1111 information to be collected; (d) ways to as required by 26 U.S.C. 6103. Constitution Avenue NW., Washington, minimize the burden of the collection of Request for Comments: Comments DC 20224, or at (202) 622–3869, or information on respondents, including submitted in response to this notice will through the Internet at through the use of automated collection be summarized and/or included in the ([email protected]). techniques or other forms of information request for OMB approval. All technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: Title: comments will become a matter of or start-up costs and costs of operation, Compensation Deferred Under Eligible public record. Comments are invited on: maintenance, and purchase of services Deferred Compensation Plans. (a) Whether the collection of to provide information. information is necessary for the proper OMB Number: 1545–1580. Regulation Project Number: TD 9075. Approved: February 13, 2013. performance of the functions of the Abstract: The Small Business Job Yvette Lawrence, agency, including whether the Protection Act of 1996 and the Taxpayer information shall have practical utility; IRS Reports Clearance Officer. Relief Act of 1997 made changes to rules [FR Doc. 2013–04973 Filed 3–4–13; 8:45 am] (b) the accuracy of the agency’s estimate under Internal Revenue Code section BILLING CODE 4830–01–P of the burden of the collection of 457 regarding eligible deferred information; (c) ways to enhance the compensation plans offered by state and quality, utility, and clarity of the local governments. TD 9075 requires DEPARTMENT OF THE TREASURY information to be collected; (d) ways to state and local governments to establish minimize the burden of the collection of a written trust, custodial account, or Internal Revenue Service information on respondents, including annuity contract to hold the assets and through the use of automated collection income in trust for the exclusive benefit Proposed Collection; Comment techniques or other forms of information of its participants and beneficiaries. Request for Regulation Project technology; and (e) estimates of capital Also, new non-bank custodians must AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, submit applications to the IRS to be Treasury. maintenance, and purchase of services approved to serve as custodians of to provide information. section 457 plan assets. ACTION: Notice and request for Approved: February 13, 2013. Current Actions: There are no changes comments. being made to the regulation at this Yvette Lawrence, SUMMARY: The Department of the IRS Reports Clearance Officer. time. Type of Review: Extension of a Treasury, as part of its continuing effort [FR Doc. 2013–04972 Filed 3–4–13; 8:45 am] currently approved collection. to reduce paperwork and respondent BILLING CODE 4830–01–P Affected Public: State, local or tribal burden, invites the general public and governments. other Federal agencies to take this Estimated Number of Respondents: opportunity to comment on proposed DEPARTMENT OF THE TREASURY 10,260. and/or continuing information collections, as required by the Internal Revenue Service Estimated Time Per Respondent: 1 hour 2 minutes. Paperwork Reduction Act of 1995, Proposed Collection; Comment Estimate Total Annual Burden Hours: Public Law 104–13 (44 U.S.C. Request for Regulation Project 10,600. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning AGENCY: Internal Revenue Service (IRS), of the collections of information covered Amortization of Reforestation Treasury. by this notice: Expenditures. An agency may not conduct or ACTION: Notice and request for DATES: Written comments should be sponsor, and a person is not required to comments. received on or before May 6, 2013 to be respond to, a collection of information assured of consideration. SUMMARY: The Department of the unless the collection of information Treasury, as part of its continuing effort displays a valid OMB control number. ADDRESSES: Direct all written comments to reduce paperwork and respondent Books or records relating to a collection to Yvette Lawrence, Internal Revenue burden, invites the general public and of information must be retained as long Service, Room 6129, 1111 Constitution other Federal agencies to take this as their contents may become material Avenue NW., Washington, DC 20224. opportunity to comment on this in the administration of any internal FOR FURTHER INFORMATION CONTACT: continuing information collections, as revenue law. Generally, tax returns and Requests for additional information or required by the Paperwork Reduction tax return information are confidential, copies of the regulation should be Act of 1995, Public Law 104–13 (44 as required by 26 U.S.C. 6103. directed to Martha R. Brinson, at (202) U.S.C. 3506(c)(2)(A)). Currently, the IRS Request For Comments: Comments 622–3869, or at Internal Revenue is soliciting comments concerning submitted in response to this notice will Service, Room 6129, 1111 Constitution

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES 14422 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices

Avenue NW., Washington, DC 20224, or Approved: February 13, 2013. Estimated Number of Respondents: through the Internet at Yvette Lawrence, 11,360. [email protected]. IRS Reports Clearance Officer. Estimated Time Per Respondent: 6 SUPPLEMENTARY INFORMATION: [FR Doc. 2013–04971 Filed 3–4–13; 8:45 am] hours, 32 minutes. Title: Amortization of Reforestation BILLING CODE 4830–01–P Estimated Total Annual Burden Expenditures. Hours: 74,181. OMB Number: 1545–0735. The following paragraph applies to all Regulation Project Number: TD 7927. DEPARTMENT OF THE TREASURY of the collections of information covered Abstract: Internal Revenue Code by this notice: section 194 allows taxpayers to elect to Internal Revenue Service An agency may not conduct or amortize certain reforestation sponsor, and a person is not required to expenditures over a 7-year period if the Proposed Collection; Comment respond to, a collection of information expenditures meet certain requirements. Request for Form 8879–S unless the collection of information The regulations implement this election AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. provision and allow the IRS to Treasury. Books or records relating to a collection determine if the election is proper and of information must be retained as long ACTION: Notice and request for allowable. as their contents may become material comments. Current Actions: There is no change to in the administration of any internal this existing regulation. SUMMARY: The Department of the revenue law. Generally, tax returns and Type of Review: Extension of a Treasury, as part of its continuing effort tax return information are confidential, currently approved collection. to reduce paperwork and respondent as required by 26 U.S.C. 6103. Affected Public: Individuals or burden, invites the general public and Request for Comments: Comments households, business or other for-profit other Federal agencies to take this submitted in response to this notice will organizations, and farms. be summarized and/or included in the Estimated Number of Respondents: opportunity to comment on proposed and/or continuing information request for OMB approval. All 12,000. comments will become a matter of Estimated Time Per Respondent: 30 collections, as required by the public record. Comments are invited on: minutes. Paperwork Reduction Act of 1995, Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. (a) Whether the collection of Hours: 6,001. 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper The following paragraph applies to all soliciting comments concerning Form performance of the functions of the of the collections of information covered 8879–S, IRS e-file Signature agency, including whether the by this notice: Authorization for Form 1120S. information shall have practical utility; An agency may not conduct or DATES: Written comments should be (b) the accuracy of the agency’s estimate sponsor, and a person is not required to received on or before May 6, 2013 to be of the burden of the collection of respond to, a collection of information assured of consideration. information; (c) ways to enhance the quality, utility, and clarity of the unless the collection of information ADDRESSES: Direct all written comments information to be collected; (d) ways to displays a valid OMB control number. to Yvette Lawrence, Internal Revenue Books or records relating to a collection minimize the burden of the collection of Service, Room 6129, 1111 Constitution information on respondents, including of information must be retained as long Avenue NW., Washington, DC 20224. as their contents may become material through the use of automated collection FOR FURTHER INFORMATION CONTACT: in the administration of any internal techniques or other forms of information Requests for additional information or revenue law. Generally, tax returns and technology; and (e) estimates of capital copies of the form and instructions tax return information are confidential, or start-up costs and costs of operation, should be directed to Martha R. Brinson, as required by 26 U.S.C. 6103. maintenance, and purchase of services (202) 622–3869, at Internal Revenue Request for Comments: Comments to provide information. Service, Room 6129, 1111 Constitution submitted in response to this notice will Avenue NW., Washington, DC 20224, or Approved: February 13, 2013. be summarized and/or included in the through the Internet at Yvette Lawrence, request for OMB approval. All [email protected]. IRS Reports Clearance Officer. comments will become a matter of [FR Doc. 2013–04970 Filed 3–4–13; 8:45 am] public record. Comments are invited on: SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P (a) Whether the collection of Title: IRS e-file Signature information is necessary for the proper Authorization for Form 1120S. performance of the functions of the OMB Number: 1545–1863. agency, including whether the Form Number: 8879–S. U.S.-CHINA ECONOMIC AND information shall have practical utility; Abstract: Form 8879–S authorizes an SECURITY REVIEW COMMISSION (b) the accuracy of the agency’s estimate officer of a corporation and an Notice of Open Public Hearing of the burden of the collection of electronic return originator (ERO) to use information; (c) ways to enhance the a personal identification number (PIN) AGENCY: U.S.-China Economic and quality, utility, and clarity of the to electronically sign a corporation’s Security Review Commission. information to be collected; (d) ways to electronic income tax return and, if ACTION: Notice of open public hearing— minimize the burden of the collection of applicable, Electronic Funds March 7, 2013, Washington, DC. information on respondents, including Withdrawal Consent. through the use of automated collection Current Actions: There are no changes SUMMARY: Notice is hereby given of the techniques or other forms of information being made to the form at this time. following hearing of the U.S.-China technology; and (e) estimates of capital Type of Review: Extension of a Economic and Security Review or start-up costs and costs of operation, currently approved collection. Commission. maintenance, and purchase of services Affected Public: Businesses or other Name: William A. Reinsch, Chairman to provide information. for-profit organizations. of the U.S.-China Economic and

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices 14423

Security Review Commission. The management problems have created Location, Date and Time: 562 Dirksen Commission is mandated by Congress to concern about the adequacy of Senate Office Building. Thursday, investigate, assess, and report to protection of U.S. investors interests. March 7, 2013, 9:00 a.m.–3:30 p.m. Congress annually on ‘‘the national Companies traded in U.S. Capital Eastern Time. A detailed agenda for the security implications of the economic markets are required to disclose details hearing is posted to the Commission’s relationship between the United States of business strategies, financial records Web site at www.uscc.gov. Also, please and the People’s Republic of China.’’ and operations. With SEC and U.S. check our Web site for possible changes Pursuant to this mandate, the exchanges halting trading of dozens of to the hearing schedule. Reservations Commission will hold a public hearing Chinese companies due to accounting are not required to attend the hearing. in Washington, DC on March 7, 2013, practices and concerns about fraud, the FOR FURTHER INFORMATION CONTACT: Any ‘‘Corporate Accountability, Access to Commission will examine U.S. and member of the public seeking further Credit, and Access to Markets in China’s Chinese corporate governance and information concerning the hearing Financial System—the Rules and Their accountability rules, regulations and should contact Reed Eckhold, 444 North Ramifications for U.S. Investors.’’ enforcement mechanisms. The Capitol Street NW., Suite 602, Background: This is the second public Commission will also consider the Washington, DC 20001; phone: 202– hearing the Commission will hold availability of financial services, access 624–1496, or via email at during its 2013 report cycle to collect to credit, and market opportunities for [email protected]. Reservations are not required to attend the hearing. input from academic, industry, and both Chinese and American private government experts on national security sector enterprises. With U.S. firms eager Authority: Congress created the U.S.-China implications of the U.S. bilateral trade to meet growing demand for their Economic and Security Review Commission and economic relationship with China. financial services, witnesses will testify in 2000 in the National Defense Authorization Act (Pub. L. 106–398), as The economic and political drivers, regarding access, opportunities and rules and norms that govern China’s amended by Division P of the Consolidated challenges in the Chinese marketplace. financial markets diverge—sometimes Appropriations Resolution, 2003 (Pub. L. The hearing will be co-chaired by 108–7), as amended by Public Law 109–108 sharply—from those that define the (November 22, 2005). system in the United States, presenting Commissioners Robin Cleveland and unique challenges for U.S. investors and Carte Goodwin. Any interested party Dated: February 28, 2013. the enforcement agencies charged with may file a written statement by March Michael Danis, protecting their interests. While 7, 2013, by mailing to the contact below. Executive Director, U.S.-China Economic and investors have been eager to buy stock A portion of each panel will include a Security Review Commission. in high yield U.S.-listed Chinese question and answer period between the [FR Doc. 2013–05013 Filed 3–4–13; 8:45 am] companies accounting and financial Commissioners and the witnesses. BILLING CODE 1137–00–P

VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00160 Fmt 4703 Sfmt 9990 E:\FR\FM\05MRN1.SGM 05MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Vol. 78 Tuesday, No. 43 March 5, 2013

Part II

The President

Notice of March 1, 2013—Continuation of the National Emergency With Respect to the Situation in Zimbabwe

VerDate Mar<15>2010 18:49 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\05MRO0.SGM 05MRO0 tkelley on DSK3SPTVN1PROD with PRES DOC VerDate Mar<15>2010 18:49 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\05MRO0.SGM 05MRO0 tkelley on DSK3SPTVN1PROD with PRES DOC 14427

Federal Register Presidential Documents Vol. 78, No. 43

Tuesday, March 5, 2013

Title 3— Notice of March 1, 2013

The President Continuation of the National Emergency With Respect to the Situation in Zimbabwe

On March 6, 2003, by Executive Order 13288, the President declared a national emergency and blocked the property of persons undermining demo- cratic processes or institutions in Zimbabwe, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). He took this action to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of certain mem- bers of the Government of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions. These actions and policies had contributed to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated violence and intimidation in that country, and to political and economic instability in the southern African region. On November 22, 2005, the President issued Executive Order 13391 to take additional steps with respect to the national emergency declared in Executive Order 13288 by ordering the blocking of the property of additional persons undermining democratic processes or institutions in Zimbabwe. On July 25, 2008, the President issued Executive Order 13469, which ex- panded the scope of the national emergency declared in Executive Order 13288 and ordered the blocking of the property of additional persons under- mining democratic processes or institutions in Zimbabwe. The actions and policies of these persons continue to pose an unusual and extraordinary threat to the foreign policy of the United States. For this reason, the national emergency declared on March 6, 2003, and the measures adopted on that date, on November 22, 2005, and on July 25, 2008, to deal with that emergency, must continue in effect beyond March 6, 2013. Therefore, in accordance with section 202(d) of the National Emer- gencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13288.

VerDate Mar<15>2010 18:49 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRO0.SGM 05MRO0 tkelley on DSK3SPTVN1PROD with PRES DOC 14428 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Presidential Documents

This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, Washington, March 1, 2013. [FR Doc. 2013–05272 Filed 3–4–13; 11:15 am] Billing code 3295–F3

VerDate Mar<15>2010 18:49 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRO0.SGM 05MRO0 tkelley on DSK3SPTVN1PROD with PRES DOC OB#1.EPS i

Reader Aids Federal Register Vol. 78, No. 43 Tuesday, March 5, 2013

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 25 CFR Presidential Documents 3 CFR 11...... 14017 Executive orders and proclamations 741–6000 Administrative Orders: The United States Government Manual 741–6000 Memorandum of 26 CFR Other Services February 20, 2013 ...... 13997 Notice of March 1, Proposed Rules: Electronic and on-line services (voice) 741–6020 2013 (see EO 13288 57...... 14034 741–6064 Privacy Act Compilation of 3/6/2003; EO Public Laws Update Service (numbers, dates, etc.) 741–6043 13391 of 11/22/ 27 CFR TTY for the deaf-and-hard-of-hearing 741–6086 2005; EO 13469 of Proposed Rules: 7/25/2008) ...... 14427 9...... 14046 ELECTRONIC RESEARCH 5 CFR 29 CFR World Wide Web Proposed Rules: 850...... 14233 2520...... 13781 Full text of the daily Federal Register, CFR and other publications 2560...... 13797 is located at: www.fdsys.gov. 7 CFR 2571...... 13797 Federal Register information and research tools, including Public 7...... 13771 Inspection List, indexes, and links to GPO Access are located at: 205...... 13776 33 CFR www.ofr.gov. 761...... 13999 100...... 13811 E-mail 762...... 13999 117...... 14185 905...... 13777 165 ...... 13811, 14185, 14188 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: an open e-mail service that provides subscribers with a digital 905...... 14236 40 CFR form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and 10 CFR 52...... 14020 PDF links to the full text of each document. 80...... 14190 Proposed Rules: Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 431...... 14024 372...... 14241 Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 12 CFR 44 CFR PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: service that notifies subscribers of recently enacted laws. 234...... 14024 Proposed Rules: 201...... 13844 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 14 CFR and select Join or leave the list (or change settings); then follow the instructions. 25 ...... 14005, 14007, 14155 46 CFR 39 ...... 14158, 14160, 14162, Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 14164 67...... 14053 respond to specific inquiries. 97...... 14009, 14010 Reference questions. Send questions and comments about the 117...... 14166 47 CFR Federal Register system to: [email protected] 121...... 14166 54...... 13936 Proposed Rules: The Federal Register staff cannot interpret specific documents or Proposed Rules: regulations. 25...... 13835 39...... 14029 73...... 14060 Reminders. Effective January 1, 2009, the Reminders, including 71 ...... 13843, 14031, 14032 Rules Going Into Effect and Comments Due Next Week, no longer 49 CFR appear in the Reader Aids section of the Federal Register. This 15 CFR information can be found online at http://www.regulations.gov. 219...... 14217 Proposed Rules: Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 400...... 14238 571...... 13853 longer appears in the Federal Register. This information can be found online at http://bookstore.gpo.gov/. 17 CFR 50 CFR 201...... 14179 FEDERAL REGISTER PAGES AND DATE, MARCH 17...... 14022 622...... 14225 19 CFR 13771–13998...... 1 648 ...... 13812, 14226, 14230 13999–14154...... 4 12...... 14183 679...... 13812, 13813 14155–14428...... 5 Proposed Rules: 21 CFR 17...... 14245 189...... 14012 20...... 14060 700...... 14012 622...... 14069 890...... 14013, 14015 660...... 14259

VerDate Mar 15 2010 19:36 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4711 E:\FR\FM\05MRCU.LOC 05MRCU mstockstill on DSK4VPTVN1PROD with FEDREGCU ii Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Reader Aids

The text of laws is not H.R. 325/P.L. 113–3 enacted public laws. To published in the Federal No Budget, No Pay Act of subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered 2013 (Feb. 4, 2013; 127 Stat. listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 51) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List January 31, 2013 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

VerDate Mar 15 2010 19:30 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\05MRCU.LOC 05MRCU mstockstill on DSK4VPTVN1PROD with FEDREGCU